E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, JULY 23, 1996 No. 109 House of Representatives

The House met at 9 a.m. and was $3 billion in United States taxpayers’ including beatings and routine use of called to order by the Speaker pro tem- dollars the White House has spent electric shock treatment on prisoners pore [Mr. COLLINS of Georgia]. there and those of us who are con- in a Port-au-Prince police station. No f cerned about the safety of Americans place to get a parking ticket. and American interests in Haiti. While these incidents are protested, DESIGNATION OF SPEAKER PRO Because of the very special relation- the OAS also reports that the Inspector TEMPORE ship between my south Florida district General has failed to take action The SPEAKER pro tempore laid be- and Haiti, my office follows the reports against the police, giving some sectors fore the House the following commu- and stays in touch with our contacts of the Haitian population the view that nication from the Speaker: on the ground in Haiti. How are things the police agents enjoy the same impu- WASHINGTON, DC, going? The short answer is that there nity as the members of the old armed July 23, 1996. is slippage, steep slippage; a strong forces and former regime enjoyed. This I hereby designate the Honorable MAC COL- sense, based on events, that things in wins the police no friends, and in some LINS to act as Speaker pro tempore on this Haiti have degenerated again very rap- areas the police have literally been run day. idly. We are finding a seemingly end- out of town by local populations. In NEWT GINGRICH, less litany that suggests a serious fact, there have been some 10 assas- Speaker of the House of Representatives. breakdown in law and order. We find sinations of investigators of the police, f institutional inadequacy, particularly most of them off duty. MORNING BUSINESS in the judicial area, and serious retreat There are some other tough issues from any economic progress at all. We that we are not hearing much about The SPEAKER pro tempore. Pursu- find no relief from the grinding poverty but that clearly deserve some atten- ant to the order of the House of May 12, that is everywhere in Haiti. tion. One should ask the White House 1995, the Chair will now recognize Taken together this seems to prove how the American citizens in Haiti who Members from lists submitted by the what informed observers have said all have borne the brunt of some of the majority and minority leaders for along; that is, that throwing $3 billion violent acts are faring. Murders and morning hour debates. The Chair will and 20,000 American troops hap- kidnaping have apparently gone unan- alternate recognition between the par- hazardly at Haiti is not the way to swered or uninvestigated. ties, with each party limited to 25 min- bridge the deep divisions of Haitian so- Taken together, all of this adds up to utes, and each Member except the ma- ciety or to promote lasting gains on instability, growing instability. It jority and minority leader limited to 5 the slow path to democracy there. Di- might also go a long way toward ex- minutes, but in no event shall debate visions are deepening. Destabilization plaining why the Clinton administra- continue beyond 9:50 a.m. campaigns appear to be coming from tion went through such machinations The Chair recognizes the gentleman all sectors across the social spectrum. to badger our allies to extend the U.N. from Florida [Mr. GOSS] for 5 minutes. The time for settling old scores and mission through the month of Novem- f even new ones appears to have arrived ber, the same month as the election and get even acts of violence and in- month in our country. OUT OF SIGHT, OUT OF MIND timidation are the daily menu. The Dismal as it is, law and order is only Mr. GOSS. Mr. Speaker, when it victims include former members of the part of the stability equation. The comes to United States foreign policy, military, the police, and innocent civil- other part of this equation is prosper- the deteriorating situation in Haiti is ians. In fact, it is sad but true that the ity. We are long overdue for an update one of those news items that has been Haitian national police have partici- from the White House on the privatiza- crowded off the front pages by bigger pated in more than their share of alter- tion process of Haiti. We understand problems elsewhere, problems like the cations. Recall that this was supposed from the media that the Parliament is breakdown of the peace process in Ire- to be a hope of future law and order, having difficulty gaining a quorum to land, the mending of fences with Mr. that new Haitian national police, but hold a vote on reform measures. Why? Netanyahu, and the Mujahidin’s new the most damning assessments of po- There are good reasons. Lack of will is foothold in the Balkans. But even so, lice behavior have been coming from one, but fear is another, brought on by just because it suits the White House the Washington office on Latin Amer- threats from some of the left-leaning for Haiti to be out of sight, it does not ica and the OAS mission in Haiti. The segments of the Haitian society and mean that it is out of mind for those of latest OAS report notes summary exe- the drumbeat of opposition raised by us who are interested in accounting for cutions and allegations of ill treatment former President Aristide.

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.

H8099 H8100 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Remember former President most common priorities that the peo- money where our mouth is and to move Aristide? We spent a lot of money and ple of the district that I represent forward and, of course, fund that prior- time getting him back there. Now he is have. Of course, they want to see a ity. opposing the economic development of change in how Washington works but I am particularly pleased that the his country. Any way you look at it, they also want to see a Congress in House honored our request to provide all of this suggests that somebody in Washington looking out for local con- $18.4 million which will complete devel- the White House owes the American cerns. opment of the veterans’ cemetery at people and this Congress an expla- I am proud that in the last 17 months the Joliet Arsenal. In fact the VA says nation. After all this money, time, and we have been working to keep our com- that if that legislation is signed into effort, what have we gotten? What is mitments, to honor those principles law that that funding would allow the going on in Haiti and why? Will Amer- and to change how Washington works cemetery to be opened by 1999. ican taxpayers, and incidentally Amer- while looking out for local concerns. In the Interior appropriations bill, ican voters, agree that this was $3 bil- As I look back over the last 16, 17 thanks to the help of a lot of people in- lion well spent? Or is this whole epi- months, I am particularly proud that cluding the gentleman from Illinois, sode another success story that was some of those most basic principles SID YATES, and the Illinois delegation, more successful for its spin than its that we have worked for in changing we have $3.35 million for continued de- substance in the White House? We shall how Washington works are being hon- velopment of the National Tall Grass see. ored. One of the most basic, of course, Prairie. Redevelopment of the Joliet Arsenal is clearly our top conservation f is forcing Washington to live within its means. and veterans’ priority for Illinois for DOMESTIC VIOLENCE Of course, the deficit today is at its many of us and I am pleased that we The SPEAKER pro tempore. Under lowest level in 15 years, having dropped are making progress. the Speaker’s announced policy of May $60 to $70 billion because we have lived When it comes to crime which is so 12, 1995, the gentlewoman from Califor- and worked hard to bring down that important to the south suburbs and the nia [Ms. WOOLSEY] is recognized during deficit, doing something that every parts of the city of Chicago that I rep- morning business for 2 minutes. family does, working to live within our resent, we are also making some real Ms. WOOLSEY. Mr. Speaker, each means. We have twice sent now to the progress. Last year the President year over 150,000 incidents of domestic President real welfare reform that em- signed our legislation which allowed violence involve a gun. phasizes work and family, responsibil- Federal prison grant funds for the first In April, a woman in the district I ity. Unfortunately, he vetoed it. And time ever to be used for juvenile deten- represent was shot to death by her hus- also we sent to the President a plan tion center construction and operation. band, even though she had a restrain- which would lower taxes for working In the appropriation bill that we are ing order against him. families. In my district for a family going to be debating today we provide Last week, a Ventura County sher- with children, that would mean almost $680 million for prison grants, $50 mil- lion more than the President asked for, iff’s deputy, responding to a domestic an extra $1,000 in take-home pay had and for the first time ever counties violence call, was killed by a man with the President signed that bill rather such as Will and Kankakee and La a long criminal record. than vetoing it. We also, because of our Salle, struggling to deal with gang Mr. Speaker, it is time to put an end concern for seniors, people like my problems, will now be able to apply for to this insanity. mom and dad that are on Medicare, we and use those funds for construction That is why I am applauding Presi- are working of course to prevent Medi- and operation of juvenile detention dent Clinton for announcing his sup- care from going bankrupt. Everyone centers. That is an important issue. port today for legislation, sponsored by knows Washington does nothing and We are looking out for local con- Congressman BOB TORRICELLI, which Medicare goes bankrupt in 2001. cerns. But one issue today I want to We sent to the President this past will prohibit people convicted of a do- close with is something very impor- mestic violence offense from purchas- year a plan to save Medicare, to keep it tant. Last Friday a number of my col- ing a gun. solvent for the next generation. In fact leagues and I from Illinois went home I urge my colleagues to support this we increased funding for Medicare by 62 to a flood-devastated Chicago region. commonsense way to prevent tragedy. percent, $724 billion, as part of that In fact I have a photo of a news clip- It is simple: Wife-beaters, child abus- plan and would have kept Medicare sol- ping here. Thousands and thousands of ers, and other domestic violence of- vent until the next generation. Unfor- homes were flooded in the Chicago re- fenders should not have access to a tunately, partisan Presidential politics gion. Many of those homes saw severe gun. Period. got in the way and the President ve- damage. f toed that plan. f But also not only are we working to UPDATE ON THE 11TH CONGRES- keep our commitment to change how REVIEW OF 104TH CONGRESS SIONAL DISTRICT IN ILLINOIS Washington works by working to bal- The SPEAKER pro tempore. Under The SPEAKER pro tempore. Under ance the budget, to save Medicare, to the Speaker’s announced policy of May the Speaker’s announced policy of May reform welfare and, of course, lower 12, 1995, the gentleman from Illinois 12, 1995, the gentleman from Illinois taxes for working families, but we are [Mr. DURBIN] is recognized during [Mr. WELLER] is recognized during also honoring the commitment to look morning business for 5 minutes. morning business for 5 minutes. out for local concerns. Mr. DURBIN. Mr. Speaker, I think Mr. WELLER. Mr. Speaker, I have I am particularly pleased that in the for a moment here I would like to re- the privilege of representing the most last few months alone, this House has flect on what the 104th Congress has diverse district in the State of Illinois. passed and sent to the Senate as well not done. This 104th Congress, led by I represent part of the city of Chicago, as sent to the President legislation the Republicans for the first time in 4 the south suburbs, in Cook and Will that looks out for local concerns im- decades, has not done several things. Counties, and farm communities as portant to the State that I represent, We can applaud the fact that they have well as cornfields. That means that I the land of Lincoln, the State of Illi- not done a few things. For example, the have a district not only that is very di- nois. I was particularly pleased that Gingrich-Dole-Lott plan to cut $270 bil- verse, but time and time again I am back in February the President signed lion out of Medicare to provide tax looking for ways and issues and con- our legislation to redevelop the Joliet breaks for wealthy people, thank good- cerns that are very, very common Arsenal, 24,000-acre military facility to ness President Clinton was there to throughout this very diverse district redevelop it for conservation, a veter- veto that effort. Because for a lot of that I have the privilege of represent- ans’ cemetery and job creation. It was senior citizens it would have meant ing. a bipartisan project, a bipartisan prior- higher premiums and for families it I have found over the last 17 months ity. Because of bipartisanship we were would have meant a greater economic now that I have had the privilege of successful in getting it signed into law. burden. A lot of those families are mid- representing my district two of the Of course now it is time to put the dle-income families struggling to get July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8101 by. The people on the Republican side Let us hope that beyond the speech- quarters. Saudi Arabia has been called Amer- of the aisle argued that these tax es, they will do a couple of tangible ica’s closest ally in the Arab world. This is breaks for wealthy people would some- things: First, pass the increase in the not the way a resolute United States govern- how fuel the economy. If you just give minimum wage. How in the world can ment would allow itself to be treated by its friends. the rich more money, they sense that we say to 500,000 people in my home In Israel, the voters repudiated Clinton’s somehow this economy will move for- State of Illinois who got up this morn- preferred candidate, Shimon Peres. They ward. Well, President Clinton disagreed ing, went to work, got the kids off to elected as their prime minister Benjamin with that, I disagreed with it, and day care or to some summer program, Netanyahu, who promised to pursue a more many Democratic leaders did as well. went to a tough job, making $4.25, $4.50 confrontational policy toward the Palestin- What we have to show for that decision an hour, that that is as good as it gets ians and neighboring Arab nations. to veto the Gingrich plan is an econ- in America? Over the years we have in- In the former Yugoslavia, the administra- tion has quietly distanced itself further from omy that truly is moving forward. We creased that minimum wage so that have seen 10 million new jobs created its promise to remove U.S. troops by the end young people starting out, so that fam- of the year. A pullout anytime soon would since President Clinton was elected as ilies working to try to keep things to- cause the region to erupt once again in civil President. One might say, ‘‘Well, I’m gether have a fighting chance. But the war. sure every President does something Republicans tried to stop us here in the The administration’s bumbling efforts to like that, don’t they?’’ Take a look House, they have tried to stop us in the eliminate the influence of Bosnian Serb lead- back at the years of President George Senate, and that bill even though it er Radovan Karadzic have been painful to Bush. Over a 4-year period of time, we watch. Moreover, it has been disclosed, the has passed both Chambers now, because White House looked the other way as Iran’s created 2 million new jobs in America, a few Republicans defected and joined the slowest job creation in 50 years, Revolutionary Guards established a strong the Democrats, is still stalled. Why in and the slowest economic growth in presence, with guerrilla troops and a supply the world have we not passed this mini- half a century. Fortunately President pipeline, in Bosnia. The administration in- mum wage increase? We owe it to these formed Congress two weeks ago that the Ira- Clinton’s plan to reduce the deficit and working families. nians were gone, but indications are that get the economy moving forward again Health care. If you talk to families some of them remained behind. worked very well in creating jobs and across this country, one of their big- Riots in Northern Ireland call attention to bringing down interest rates. the seemingly irreconcilable divisions that For a lot of families across America, gest single concerns is health insur- exist there. By swinging U.S. prestige to the my own family included, we were able ance. The Kennedy-Kassebaum bill, a side of the Irish Republican Army, Clinton to refinance our home mortgage which bipartisan bill by Senator KENNEDY and injected the United States into a dispute in meant a lower monthly payment. In Senator KASSEBAUM, passed the Senate which America had no vital interests. In the fact we now find that we have the high- by a margin of 100 to 0. What it says is process, he offended the British government. est home ownership rate in 15 years in you cannot discriminate against people Then he made the administration look inept when the IRA broke its own cease-fire. the United States. If we are talking because of preexisting medical condi- tions when you sell insurance and you A contributing editor at Reason magazine, about realizing the American dream Michael McMenamin, has written that the and moving the economy forward, cer- ought to be able to move your insur- IRA’s strategy, which Clinton has aided by tainly job creation and home owner- ance from job to job and not be afraid pressuring the British government to grant ship are two things that are part of it. to lose it. Simple, honest principles. concessions, is to force the British to unilat- Let me add one other element, reduc- We should see something positive come erally withdraw from Northern Ireland, lead- ing the deficit. The Republicans like to out of this Congress for working fami- ing to sectarian war in the north. talk about being fiscally responsible, lies across America. ‘‘Any American government that doesn’t understand this doesn’t know Ireland, reducing the deficit. They tend to over- f doesn’t know the IRA, doesn’t know the Ul- look the fact that under Presidents FOREIGN POLICY ster Protestants, and is helping to bring an Reagan and Bush we had the most dra- Irish Bosnia closer,’’ he wrote. matic increases in the national deficit The SPEAKER pro tempore. Under Clinton has presided over an unprecedented in the history of the United States of the Speaker’s announced policy of May reduction in America’s ability to use force as America. President Clinton came in 12, 1995, the gentleman from Nebraska a foreign policy tool. More shrinkage lies and said, ‘‘I’m going to push a plan [Mr. BEREUTER] is recognized during ahead. George Melloan wrote in The Wall that’s going to bring the deficit down morning business for 5 minutes. Street Journal that projected military and yet not strangle the economy.’’ Mr. BEREUTER. Mr. Speaker, the spending in the next five years will be $50 billion to $100 billion short of what will be And it worked. We are now about to see editorialists of the Omaha World Her- ald have prepared, I think, a thorough needed to achieve even the reduced force and the fourth straight year of deficit re- procurement levels that Clinton military duction in Washington, with no thanks and telling critique of the Clinton ad- strategy envisions. Melloan noted that Bob to the Republican side of the aisle ministration foreign policy. I would Dole would arrest the slide in preparedness, which did not give the President one like to share with my colleagues that as well as pushing promptly for a missile de- single vote in the House or the Senate editorial. fense and expanding NATO. for his deficit reduction plan. Because The document referred to is as fol- China now has the ability to hit the U.S. lows: mainland with intercontinental ballistic of the deficit plan by the President, we missiles. Yet Secretary of State Warren [From the Omaha World Herald] have seen the deficit come down 4 Christopher has been to Damascus 17 times straight years. The last time that oc- NATION HAS BEEN LUCKY TO AVOID SERIOUS and Beijing only once, Georgetown Univer- curred was the 1840’s, over 150 years TEST OF U.S. FOREIGN POLICY sity diplomatic scholar Casimir Yost pointed ago. Americans have been lucky. The president out. Mr. Speaker, things are moving for- they elected in 1992 displayed little expertise Concerns exist about how careful and com- ward. But there are things that this or interest in foreign policy. Still, he has petent this administration would be in a Republican Congress has failed to do held office during a time of relative stabil- dangerous situation such as Presidents John ity. His administration has had to deal with which should be done in the closing Kennedy and George Bush had to face in the few international crises. Cuban missile crisis and Gulf War, respec- weeks. There will be a lot of speeches, However, the relative stability that came tively. It’s difficult to observe the Clinton a lot of efforts by Members on the with the end of the Cold War may not con- approach without becoming seriously con- other side to somehow paint a pretty tinue. President Clinton’s foreign policy is cerned about how effectively this adminis- picture about the days of NEWT GING- an important basis for judging his qualifica- tration would handle a major and sudden RICH and Bob Dole and TRENT LOTT. tions for re-election in November. threat to vital U.S. interests. They want to erase the image out of Events of the past few days have dem- f people’s minds of this gridlocked Con- onstrated why concerns about the presi- gress with the two longest Government dent’s judgment continue. MEDICARE In Saudi Arabia, the monarchy has with- The SPEAKER pro tempore. Under shutdowns in our history. They want to held evidence from U.S. investigators about try to get this image out of their minds a terrorist bombing in which 19 American the Speaker’s announced policy of May of petulance and arrogance and say servicemen died. The Saudis have also dis- 12, 1995, the gentleman from New Jer- that perhaps we have accomplished missed the suggestion that U.S. forces in sey [Mr. PALLONE] is recognized during great things. that country ought to be moved into safer morning business for 5 minutes. H8102 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Mr. PALLONE. Mr. Speaker, I want All of this I am mentioning today be- Mr. STEARNS. Mr. Speaker, I would to devote my 5 minutes to the issue of cause now we see the Republicans try- like to say parenthetically that the Medicare, but I could not help but just ing to basically rewrite history and say gentleman from New Jersey [Mr. briefly comment on the previous that they were not trying to devastate PALLONE] knows that that quote is out speaker whom I greatly admire. When I and eliminate Medicare. Most signifi- of context. In fact most of the tele- was home in my district in New Jersey cantly we have gotten some criticism vision stations across this country are this weekend, I was at a church service on our side of the aisle because we con- not longer running their (Democrats) on Sunday. As I was coming out, a cou- stantly quote a statement by Speaker ads because they know it is not the ple of people commented to me, one on GINGRICH. I just want to read that truth. The Speaker was talking about Medicare which I will go into soon, but statement again. Speaker GINGRICH the Health Care Financing Administra- the other said something about the said, and this was last year on October tion, not Medicare. He was talking President. He said, ‘‘You know, one 26: about trying to downsize it. Who else, thing I admire about the President is We don’t get rid of it in round one because Mr. Speaker, said we should scrap the the fact that we are at peace. We are at we don’t think that that’s politically smart Health Care Financing Administra- peace throughout the world.’’ I think and we don’t think that’s the right way to go tion? President Clinton and Vice Presi- that kind of says it all. I frankly think through a transition period. But we believe dent Gore in their Putting People First that President Clinton’s foreign policy it’s going to wither on the vine because we book. They outline exactly the same has been a major success. In fact, he think people are voluntarily going to leave thing that they are accusing the it. has kept us out of many wars around Speaker when he talked about getting the world and has brought peace to As many of my colleagues know, the rid of the bureaucracy here in Washing- many parts of the world that were not AFL–CIO, the labor international orga- ton with the Health Care Financing at peace before. I think that says a lot nization, has been putting on ads where Administration. I think we need to es- about his foreign policy and its suc- they have actual pictures, video, if you tablish the truth. cess. will, of Speaker GINGRICH making this Mr. Speaker, I want to share my I just wanted to also comment on one quote about Medicare. Now the Repub- thoughts today about the crash of TWA of my previous colleague’s statements, licans are trying to take it off the air Flight 800. But before I do so, I wish to the gentleman from Illinois [Mr. because they are afraid of the truth. say to the family and friends and loved WELLER], when he berated the fact that Let me tell my colleagues, what ones of the passengers and the crew President Clinton had vetoed the Re- could be more appropriate, what is who were aboard that ill-fated flight publican Medicare legislation. All I can more significant than the kind of cuts that our prayers here in the House, in say is thank God that President Clin- and the kind of changes in Medicare the Senate and Congress are with all of ton was there and did veto that legisla- that the Republicans were trying to you at this very difficult time. tion. The Democrats basically in this achieve? If those had been accom- The tragic ending of over 230 pas- Congress have prevented the Repub- plished, if President Clinton and the sengers on this flight is a grim re- lican leadership from devastating Med- Democrats had not stopped those minder of another flight, Mr. Speaker, icare. The Republican leadership has major changes in Medicare, then in- Pan Am 103, which went down over proposed major cuts in Medicare that deed Medicare would have withered on Lockerbie, Scotland. It has yet to be would primarily pay for tax cuts for the vine which is exactly what Speaker established whether sabotage played a wealthy individuals and they have GINGRICH says that he wants to do. role in the crash of this flight. tried to change a program sub- For those who think that the Repub- Unfortunately, an overwhelmingly stantively so that essentially what licans have changed, they have not difficult and grim task has been made would happen is that Medicare would changed. In this session of Congress, I even more difficult by the inclement disappear as we know it. Democrats should say in this year, they have al- weather. However, when additional fu- prevented the Republican leadership ready proposed another budget that selage has been retrieved from the last year from doubling Medicare Part makes significant cuts and changes in ocean, the antiterrorist experts that B premiums and from any attempts to Medicare. Their current plan, a little have been called in to investigate will eliminate doctor choice which is very different maybe than last year, but be in a better position to render a judg- important to the average senior citi- still tries to do the same thing: It ment. zen. They prevented cutting Medicare would eliminate doctor and hospital b premium assistance for low-income choice by forcing seniors into Medicare 0930 seniors, something that I actually tried managed care plans, it would allow Chemical residue has been detected to accomplish in the Committee on doctors to charge extra out-of-pocket by the EGIS machine which was devel- Commerce. A lot of people forget that costs to seniors who remain in Medi- oped in the mid-1980’s, which is specifi- the Republican leadership wanted to care fee-for-service, it would severely cally designed to detect plastic explo- eliminate the current program where cut Medicare and Medicaid hospital sives. In time, we will know the cause for low-income seniors Medicaid pays funding, forcing many hospitals to of this disaster and if it is, as sus- for Medicare part B premiums. We also close their doors on seniors, it would pected, an act of terrorism, I pray to stopped the Republicans from repealing eliminate coverage guarantee for over the Almighty God above that the per- Federal nursing home quality stand- 4 million elderly Americans who need petrators are caught and dealt with ards. Medicaid is a very important part nursing home care, that is the Medic- and the punishment will fit the crime. of the overall program to provide qual- aid aspect again, and would further Even if we find it was not an act of ity health care for senior citizens as erode Medicare solvency by creating sabotage, the time has come for this well. The Republican leadership tried wealthy healthy plans leaving many country to treat acts of terrorism for to eliminate and gut Medicaid as well. seniors with higher costs and less care. what they are: An assault on Pan Am They wanted to repeal Federal nursing What the Republicans are doing once Flight 103 was a direct attack on this home quality standards, they wanted again is cutting the amount of money country. Mr. Speaker, Government to put homes and family farms of elder- that is available for Medicare which ul- must treat American aviation security ly couples at risk for nursing home timately will translate into less qual- as a national defense issue and not as a care, and they wanted to force adult ity care and less services for senior regulatory issue. children to be financially responsible citizens. That is why I am here and I am talk- for their parents nursing home bills be- f ing about drafting a bill, a piece of leg- cause two-thirds of Medicaid goes to islation to do just that. One cannot pay for senior citizens who are in nurs- TWA FLIGHT 800 help but hearken back to the tragedy ing homes. If that aid is eliminated or The SPEAKER pro tempore. Under at Lockerbie. cut back significantly, we were going the Speaker’s announced policy of May After officials, in channeling of the to see elderly relatives or also children 12, 1995, the gentleman from Florida investigation of the Pan Am flight, de- having to pay for their parents or their [Mr. STEARNS] is recognized during termined that the plane was carrying grandparents in nursing homes. morning business for 5 minutes. plastic explosives which blew the plane July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8103 out of the sky, Congress held hearings er in what he said, nor in how he inter- he would have never voted for Medicare and passed legislation, the Aviation Se- preted these words himself and his in the first place and would like to see curity Act of 1990. press secretary interpreted these its demise. He also was demonstrating Section 108 of the public law was en- words. Furthermore, the Speaker’s de- his gardening ability and the desire titled ‘‘Deployment of Explosive Detec- termination to let Medicare wither on that Medicare wither on the vine. tion Equipment.’’ Certain guidelines the vine is consistent with everything But it was the very same day that were put in place for the deployment of he and his Republican colleagues were Speaker GINGRICH gave this speech, Oc- high-technology equipment which doing throughout this period of time. tober 24, 1995, that Bob Dole, the other could detect plastic explosives such as Let me refer to his precise words. half of the Dole-Gingrich ticket that used in Pan Am 103. They were said on October 24, 1995. We we have this year, Bob Dole was telling Mr. Speaker, on July 20, 1996, The have got a chart here with those words a group on that same day at another Washington Post ran a story with the on it. He said, the key words, ‘‘But we part of our country that he was proud, following headline: ‘‘U.S. Airports believe it’s going to wither on the vine to use his words, proud to have been 1 Lack High-Tech Scan Devices To De- because we think people are volun- of 12 people who stood up and voted tect Explosives.’’ This article details tarily going to leave it.’’ against Medicare because he did not how the Federal Aviation Administra- So the big debate and the attempt at think it would work in 1965. tion developed several high-technology intimidation of people all over in this Yes; some three decades ago and a pieces of equipment to detect plastic country who would have the audacity year, Bob Dole was here in the Con- explosives. to hold the Speaker to these words is, gress voting against Medicare because Currently, the Europeans have about well, it referred to some government he did not think it would work. I would 90 such machines in use. Germany has bureaucracy. Well, he was not talking have to say to his credit, at least he is approximately 50 machines like this in about downsizing a Federal agency. not trying to run away from his com- use, the rest being in the United King- People were not going to leave a Fed- ments the way these Republicans are dom and France. That is all well and eral agency. They were going to leave determined to run away from the com- good. I think they are right to want to Medicare. ment that they want Medicare to with- protect their citizens. But one need not take my interpreta- er on the vine, as the gentleman from Do my colleagues know how many of tion of it today, because only 2 days New Jersey [Mr. PALLONE] commented these machines are used in the United later, after Speaker GINGRICH dem- a few minutes ago. States? None. We are now testing onstrated what his gardening ability The are scared to death that the about four of these machines in San would be for the seniors of America and American people are going to under- Francisco and Atlanta because of the for generations who would rely on Med- stand their determination to destroy large volume of visitors passing icare, he commented on it himself. The the Medicare system as soon as they through these airports, but we have Atlanta Constitution and Journal re- can pick up a few more votes in this only four of these type machines in use ported on October 29 of last year that, election cycle. Meanwhile, let us dis- in a testing mode in the United States. quote, ‘‘Gingrich said he was referring tract the American people and every- Something is definitely wrong with to the fee-for-service portion of Medi- thing else, but come 1997, let it wither this situation. We developed this high- care, which he believes seniors would on the vine. technology equipment at taxpayers’ ex- leave.’’ Fee-for-service Medicare, the f Medicare system that President John- pense here in the United States. Then INTRODUCING THE WHITE HOUSE son signed into law in 1965. we sell it overseas and we do not even INSPECTOR GENERAL ACT OF 1996 use it here at home. I believe legisla- As if that verification from the tion to rectify this problem is long Speaker himself as to what he meant The SPEAKER pro tempore. Under overdue because, as much as I wish I when he said let Medicare wither on the Speaker’s announced policy of May were wrong, I believe such barbarous the vine were not enough, his press sec- 12, 1995, the gentleman from New and cowardly acts of violence will con- retary, Mr. Tony Blankley and some of Hampshire [Mr. BASS] is recognized tinue to be committed against the the only words Mr. Blankley has ever during morning business for 5 minutes. United States as well as other coun- said that I found reason to agree with, Mr. BASS. Mr. Speaker, I am here to tries. told the Los Angeles Times, quote, talk about a bill I am going to intro- Machines such as the EGIS and the that ‘‘it,’’ the statement that he re- duce establishing an inspector general updated CTX–5000 that works like a ferred to, referred to fee-for-service for the White House, but I cannot help CAT scan, slicing up objects visually, Medicare. Blankley said that GING- beginning by making a comment con- ensure that we will find all such bombs RICH’s comments were consistent with cerning the remarks of my friend from and plastic devices on board. We are Republicans’ anticipated belief that Texas a second ago. As they say in poker, the cards now using 20-year-old x-ray machines most seniors will voluntarily choose to speak, and the fact is that those tele- that can only detect 10 percent of this. leave this traditional form of Medicare. vision stations would not have removed I hope all my colleagues will join me in Indeed, Mr. Blankley is right. The those ads from the air if they had said sponsoring my legislation to protect Speaker’s position, which he is so des- what the real record shows. What NEWT all Americans. perate to run away from, as are all of GINGRICH said at that point was, and I f his followers who here in this Repub- lican Congress thought merely follow- quote, MEDICARE SHOULD NOT WITHER ing the Speaker 90 percent of the time Okay, what do you think the Health Care ON THE VINE to cut Medicare was a sign of dis- Financing Administration is? That’s HCFA. The SPEAKER pro tempore. Under loyalty, you ought to be there with It is a centralized government bureaucracy, it is everything we are telling Boris Yeltsin the Speaker’s announced policy of May him every time you get an opportunity to get rid of. No, we do not get rid of it in 12, 1995, the gentleman from Texas [Mr. to cut Medicare, those folks want to re- round one because we do not think that is DOGGETT] is recognized during morning interpret his remarks this year. They politically smart, but we do it through a business for 5 minutes. want to tell television stations they transition. We believe it is going to wither Mr. DOGGETT. Mr. Speaker, while I will be intimidated by a crew of the on the vine. share the concerns of the last speaker biggest thick carpet lawyers that they Now what does that mean? That about terrorism, I am amazed by his can find to sue them if they run the means that the choice here is whether comments defending Speaker GINGRICH Speaker’s own words with him saying we protect, improve, and preserve Med- and his comments about Medicare and let Medicare wither on the vine. icare or whether we protect a Federal his challenge to my good friend, our This crowd of people were the same bureaucracy. That is the issue before colleague, the gentleman from New ones who cheered last year when the us today, and we plan to move forward. Jersey, Mr. PALLONE. No. 2 Republican, DICK ARMEY of my Mr. Speaker, today I am introducing I wonder if the gentleman has ever own State of Texas, was saying that he the White House Inspector General Act listened to Speaker GRINGRIGH’s exact though Medicare was an imposition on of 1996, to establish an Office of Inspec- words, because they could not be clear- his freedom, to use his words. He said tor General in the Executive Office of H8104 CONGRESSIONAL RECORD — HOUSE July 23, 1996 the President. The White House IG, would be appointed by the President The Speaker said about Medicare, like other IG’s in the executive branch, and could be removed without cause by and all sorts of the written press re- would serve as the principal watchdog the President. All the provisions of the ported it, The Washington Post and all of White House financial management Inspector General Act of 1978 would sorts of other newspapers, he said, ‘‘we procedures and fiscal resources. This apply to the White House IG, but the don’t get rid of it in round 1 because we legislation would provide the President bill also includes special provisions re- don’t think that is politically smart.’’ with an essential tool for rooting out lating to sensitive information in mat- Get it? Members do not want to let waste, fraud, and abuse in the White ters that would protect the constitu- them know exactly what they think House. tional prerogatives and operational ef- about it. As many of my colleagues know, the fectiveness of the Presidency. Then he goes on to say we are going Inspector General Act of 1978 estab- The first exemption assures that the to go through this transition period lished offices of inspector general with- White House IG will not interfere in and ‘‘we think it’s going to wither on in certain Federal departments and areas relating to policy, intelligence or the vine,’’ because they are going to agencies to protect the integrity of national security interests, similar to offer these little goodies that we have Federal programs and resources. In- the IG’s in the defense area, in defense- seen that will lure out the wealthiest spectors general are appointed without related departments. The second broad and the healthiest, so that the thing regard to political affiliation and sole- exemption assures that the White will suddenly be left with the sickest ly on the basis of a strong background House IG does not hinder the President and the poorest and suddenly folks will in accounting, auditing, or financial in carrying out his constitutional re- say we cannot afford it, let them go. management. They are provided the sponsibilities. Now, we know what that is. The gen- authority and independence to perform Under the IG Act of 1978, agency tleman from Texas just went through audits and investigations in order to heads are strictly prohibited from ob- and pointed out that when his press combat waste, fraud, and abuse. structing an IG audit or investigation. secretary was asked about it, he indeed More specifically, the three principal However, under my bill the President said yes, yes, that is what we meant, responsibilities of inspector general would have the authority to prohibit we were talking about Social Security. are, first, to conduct audits and inves- the White House IG from conducting an When he was home talking in Atlanta, audit or investigation. tigations relating to Federal programs the Atlanta Constitution got the same I do hope my colleagues will join me and operations; second, to issue rec- confirmation, yes, that is what he ommendations that promote economy, in cosponsoring this important piece of legislation. means, not Social Security but he was efficiency, and effectiveness of Federal talking about Medicare, so he clarified f programs and operations; and, third, to it over and over again. It was on TV. keep agency heads and Congress fully SORTING THROUGH THE We have got tapes of it. informed of problems and deficiencies REPUBLICANS’ VOTING RECORD Now there are people trying to run in Federal program administration and The SPEAKER pro tempore. Under ads so the American people will know operations. the Speaker’s announced policy of May what President-elect or Presidential Today 61 Federal entities have an in- 12, 1995, the gentlewoman from Colo- candidate Dole’s real Vice President, spector general, including all 14 Cabi- rado [Mrs. SCHROEDER] is recognized Speaker GINGRICH, really thinks about net departments. Of these 61 IG’s, 29 during morning business for 5 minutes. this issue. are appointed by the President subject Mrs. SCHROEDER. Mr. Speaker, as If they continue to try and take to Senate confirmation and the re- we go into any election, one of the these ads off TV, we are going to be in maining 32, primarily in smaller agen- hardest things is to figure out where the same position Red Riding Hood cies, are selected by their agency the candidates really stand on issues. was, because what they are trying to heads. The Presidentially appointed And when we go into any third-grade do is let Speaker GINGRICH dress up in IG’s have a total of 10,000 staff and an class in America and we ask the 8-year- grandma’s clothing. That is exactly aggregate budget of approximately $900 olds, ‘‘Okay, what is the best predictor what they are trying to do. They are million. of what someone is going to do if they trying to now take their words back According to information gathered get elected, how they have been voting and get the wolf in bed looking like by the Committee on Government Re- and what they have been saying or sweet little old grandma until this form and Oversight, funding for IG’s is what they say in the last 6 weeks be- election is over, and then they can go indeed a sound investment. In 1994, IG fore the election?’’ every third-grader back to round 2 and take on Medicare investigations and audits led to over in America will tell us that the best the way they hope to. 14,000 successful criminal and civil predictor is what they have been doing, So I really hope that America’s news prosecutions. Furthermore, IG’s re- not what they were promising as the media does their research, looks at this turned $1.9 billion in investigative re- heat turns up in the last few weeks. So and continues to let people know what coveries to the U.S. Treasury and made the difficulty is to find out and to sort third graders want to know when they efficiency recommendations that could through that voting record. vote, and that is what do they really save a total of $24 billion. No one has ever elected a President think and how did they really vote and As I mentioned previously, IG’s have or a Member of Congress or a Member what did they really do, rather than significant authority and independence of the Senate who was for big debts, what are they now trying to cast them- to conduct their audits and investiga- loved war, hated kids, wanted to tromp selves as we go to cast our vote. tions. They have direct access to all all over the elderly, could not stand records and information of the agency, trees. No, no one has ever done that. So f and possess the power to issue subpoe- when we see the promises and then we WELFARE REFORM CONCERNS OF nas and administer oaths for taking see the performance, it is very dif- MY CONSTITUENTS testimony. ferent. With regard to their independence, I must say, after saying that, I am The SPEAKER pro tempore. Under IG’s have full control over hiring and very troubled about the debate we have the Speaker’s announced policy of May managing their own staff and re- been having here on the floor today, 12, 1995, the gentlewoman from Texas sources. Moreover, they can be re- because no matter who the candidate [Ms. JACKSON-LEE] is recognized during moved only by the President or the Bob Dole selects for his Vice President, morning business for 5 minutes. agency head who appointed them, and his real Vice President is going to be Ms. JACKSON-LEE of Texas. Mr. the President or agency head must the Speaker of the House. People know Speaker, the important thing about communicate his reason to Congress this is a team and whatever comes out representation is to ensure that Mem- when exercising this authority. of here is going to be signed by Presi- bers go home and relate to those who As I already mentioned, my legisla- dent Dole, if he becomes President have elected them. As I go home every tion will establish an Office of Inspec- Dole. So that is why all this great con- weekend, I try to solicit from my con- tor General for the Executive Office of cern about what the Speaker said stituents their concerns or reflections the President. The White House IG about Medicare. on the past week’s legislative activity, July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8105 and it has been eye-opening and cer- b 1000 ANNOUNCEMENT BY THE SPEAKER tainly they have been extremely re- AFTER RECESS The SPEAKER. The Chair will enter- sponsive. tain fifteen 1-minutes on each side. The recess having expired, the House Last week was, in fact, the week that f was, first of all with the tragedy of was called to order by the Speaker at TWA flight 800 and the condolences 10 a.m. WELCOME TO REV. DR. DANIEL R. that all of us extended to their families f LESLIE along with our prayers. Certainly my PRAYER (Mr. LOBIONDO asked and was given constituents wanted to solicit from me permission to address the House for 1 the response that whatever was the oc- Rev. Dr. Daniel R. Leslie, Lutheran minute.) currence, that if it was found to be Church of the Redeemer, Vineland, NJ, Mr. LOBIONDO. Mr. Speaker, I have something that was criminal in nature, offered the following prayer: the privilege of welcoming to the that justice would be had, and I com- Creator God, You call us to manage Chamber this morning Rev. Dr. Daniel mitted that to them. the world You have made. You bless us R. Leslie. I want to take this time to But also they reflected on the welfare with the abundant gifts of life, liberty, thank him for initiating today’s pro- reform and to a one, coming from a di- and love for which we are most grate- ceedings as guest Chaplain. verse district, as I do, with African- ful. You grant us a nation comprised of I first met Dr. Leslie when he and his Americans and Hispanics and Anglos people from many nations. Guide those family moved to Vineland, NJ, nearly 7 and Asians in Texas, indicated that we who lead our Nation, especially those years ago. Dr. Leslie was called to can have welfare reform without being who now gather in this body to delib- serve as pastor of the Lutheran Church harsh and terminating individuals’ erate and make decisions for the com- of the Redeemer in my hometown of ability to survive. So they were in- mon good. Instill in our leaders wis- Vineland, NJ. Redeemer has been in- clined to say that we needed job train- dom, courage, and compassion so that volved in ministry to the greater Vine- ing and child care and that we needed the actions they take will lead to jus- land area for more than 72 years and I an opportunity for those individuals to tice and peace on Earth. Empower us was pleased to participate in its 70th have health care and, yes, we needed a so that the seeds we sow never be seeds anniversary festivities just 2 years ago. job; quite contrary to the welfare re- of discouragement that lead to dis- In addition to Redeemer’s ongoing form of our Republican friends who content, but rather seeds of hope that spiritual ministry among members and simply believe that the harshness of lead to Your shalom. All this we pray family, the congregation is active in saying no, no to teenage parents, no to in Your name. Amen. its involvement with three community the seniors in senior citizens’ homes f outreach ministries. Dr. Leslie serves on the boards of all three. who need Medicaid, no to those who THE JOURNAL need job training and child care, is the Luther Acres is a 100-unit, low-in- way to go. The SPEAKER. The Chair has exam- come housing facility for senior citi- I rise today to say there has to be a ined the Journal of the last day’s pro- zens. Little Acres Learning Center pro- better way, so I have supported Presi- ceedings and announces to the House vides education and day care for 200 dent Clinton’s method of enforcement his approval thereof. children each day. Together with three of child support payments and giving Pursuant to clause 1, rule I, the Jour- other Vineland congregations, Re- to the Nation the list of deadbeat par- nal stands approved. deemer sponsors the Vineland Regional ents, because we all must show respon- Mr. HEFLEY. Mr. Speaker, pursuant Counseling Service which provides sibility and that is a real part of wel- to clause 1, rule I, I demand a vote on family and individual therapy to those fare reform. So I would argue to my agreeing to the Speaker’s approval of in the community with emotional and Republican colleagues that one does the Journal. mental distress. not always have to hit someone upside The SPEAKER. The question is on Dr. Leslie also tirelessly contributes the head, but one can soften the blow the Chair’s approval of the Journal. his time to important community or- by saying we will give them an ex- The question was taken; and the ganizations and services. He is vice tended hand of assistance. Speaker announced that the ayes ap- president of the Vineland Ministerial Then as I have listened to the debate peared to have it. Fellowship which is made up of local this morning about Medicare, I think it Mr. HEFLEY. Mr. Speaker, I object churches and a synagogue. The is important to respond to those who to the vote on the ground that a ministerium sponsors numerous pro- might say that the Speaker’s com- quorum is not present and make the grams to feed the hungry, house the ments were taken out of context. I point of order that a quorum is not homeless, advocate justice for the would only offer to say that when we present. needy, and provide special times during are in places of responsibility, we have The SPEAKER. Pursuant to clause 5, the year for the people of Vineland to to mean what we say and say what we rule I, further proceedings on this ques- gather and worship God. As a matter of mean. tion are postponed. fact, I worship with Dr. Leslie at the The Medicare proposals by the Re- The point of no quorum is considered communitywide Thanksgiving service publicans last year were in fact to withdrawn. each year in Vineland. eliminate $245 billion for a tax cut for f Dr. Leslie is also on the Board of Di- rectors at the Vineland YMCA and a those making over $100,000, $187 billion PLEDGE OF ALLEGIANCE taken out of Medicaid. Might I remind fellow Rotarian. Dr. Leslie is joined Members that 60 percent of Medicaid is The SPEAKER. Will the gentleman today by his wife, Bonnie, a math indigent senior citizens in nursing from Ohio [Mr. CHABOT] come forward teacher at Vineland High School, and homes, your parents and my parents. and lead the House in the Pledge of Al- their daughters, Jennifer and Laura, Mr. Speaker, it is important when we legiance. who will be a freshman at Bucknell begin this debate to tell the American Mr. CHABOT led the Pledge of Alle- University this fall. Their son, Dan, at- people the real facts so that we can get giance as follows: tends medical school. the job done. I pledge allegiance to the Flag of the Thank you, Mr. Speaker, for giving United States of America, and to the Repub- me the opportunity to welcome Dr. f lic for which it stands, one nation under God, Leslie to the House this morning. indivisible, with liberty and justice for all. RECESS f f The SPEAKER pro tempore. Pursu- GAGGING THE TRUTH ON ant to clause 12 of rule I, the House MESSAGE FROM THE PRESIDENT MEDICARE stands in recess until 10 a.m. A message in writing from the Presi- (Mr. PALLONE asked and was given Accordingly (at 9 o’clock and 51 min- dent of the United States was commu- permission to address the House for 1 utes a.m.), the House stood in recess nicated to the House by Mr. Edwin minute and to revise and extend his re- until 10 a.m. Thomas, one of his secretaries. marks.) H8106 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Mr. PALLONE. Mr. Speaker, I want- To his widow, Mary Ann, to his four UNITED STATES FINANCES CHI- ed to express outrage over Republican children, and to his grandchildren, we NA’S SELLING OF NUCLEAR efforts to take off the air a commercial extend our deepest condolences. Ham WEAPONS that has been running by many of the Fish was a true gentleman, and he will (Mr. TRAFICANT asked and was labor organizations that is critical of be missed. given permission to address the House the Republican record on Medicare. f for 1 minute and to revise and extend As we know, many times Democrats his remarks.) CAMPAIGN FINANCE REFORM have gotten up here in the House to Mr. TRAFICANT. Mr. Speaker, in point out that the cuts proposed by the (Mrs. MALONEY asked and was given 1995 China was found guilty of selling Republican leadership in Medicare are permission to address the House for 1 nuclear weapons to Pakistan. China going to hurt America’s seniors and ul- minute and to revise and extend her re- was then found guilty of building poi- timately destroy and eliminate the marks.) son gas factories in Iran. Now the CIA Medicare Program as we know it. This Mrs. MALONEY. Mr. Speaker, the so- tells us that China is selling missiles to is nothing more than another effort by called Republican reform bill on cam- Syria. What gets me is we are financ- the Republican leadership to gag the paign finance attempts to solve the ing this with $40 billion a year pumped efforts of working Americans. Essen- problem of too much money in politics through most-favored-nation trade sta- tially, labor unions represent working by putting much more money in poli- tus. Americans, who want to tell the truth tics. What is next here, Congress: Tax about Medicare and what the Repub- The Republican bill raises the breaks for Chinese heroin? How about a licans are proposing to do to a program amount that wealthy contributors can good old-fashioned Chinese Communist that is important for seniors, to work- give to Federal candidates to $72,500 a Party fundraiser on the East Lawn? ing people, to those who have to go year. The average American family of I say while we keep turning the other into nursing homes. four makes $48,000 a year. Clearly, the cheek, China is starting to point mis- This is not the first time we have Republicans are out of touch with the siles right at our assets. With friends seen a Republican effort to gag those average working American families. like this, who needs enemies? who want to speak the truth on the In sharp contrast, the Democratic Mr. Speaker, I yield back the balance Medicare issue. When the Medicare de- bill limits the amount of money in pol- of any money we have left in the Pen- bate began in my committee, the Com- itics by voluntarily limiting contribu- tagon budget. mittee on Commerce, there was only tions, expenditures, and soft money. f one hearing on the issue and the senior We need a vote on this bill. This fall, citizens who showed up to want to when the American people go to vote, GROWTH RATE OF WELFARE speak were arrested. Once again the they need to know whether their can- SPENDING ASTRONOMICALLY Republicans are trying to gag the truth didate supports putting more money OUTPACED GROWTH IN POPU- on Medicare. into politics or limiting the amount of LATION f money in politics. (Mr. HEFLEY asked and was given THE PASSING OF HON. HAMILTON f permission to address the House for 1 FISH, JR., A FORMER MEMBER minute and to revise and extend his re- OF CONGRESS FROM NEW YORK REFORM WELFARE marks.) Mr. HEFLEY. Mr. Speaker, since 1950 (Mr. GILMAN asked and was given (Mr. CHABOT asked and was given the population of the United States has permission to address the House for 1 permission to address the House for 1 increased from 151 million to roughly minute and to revise and extend his re- minute and to revise and extend his re- 260 million. This works out to a 72-per- marks.) marks.) Mr. GILMAN. Mr. Speaker, it is my Mr. CHABOT. Mr. Speaker, last week cent increase. sad duty to inform this body of the this House once again passed historic Also, since 1950, social welfare spend- passing of our former colleague who welfare reform legislation. Twice be- ing at all levels of Government has in- was one of the outstanding Members of fore we have passed welfare reform, but creased from $18.8 billion a year to $324 this body in this century. twice the President has blocked that billion a year. This is an increase of Hamilton Fish, Jr., served in this reform with his veto pen, even though 1,623 percent. Chamber for over a quarter of a cen- candidate Clinton said he wanted to In other words, the growth rate of tury, from his first election in 1968 end welfare as we know it. Remember welfare spending has astronomically until his retirement in 1994. Through- that? Mr. President, please tear down outpaced the growth in population. out his career in this House, Ham Fish this wall to full participation in our so- Many liberals would argue that this earned respect on both sides of the ciety. probably is a good thing. But my ques- aisle and throughout the Nation for his Seldom has a government devised a tion is this: What have we purchased commitments to civil rights and jus- program which has devastated so many with this huge investment in social tice, and to commonsense principles of lives in this country and only very, welfare? government. very rarely has the law of unintended Broken families; a destroyed work As a member of the House Judiciary consequences been so brutally applied. ethic; rampant illegitimacy; and con- Committee, the spotlight of the Nation Families have been ripped apart. At- tinued poverty. Not only is the modern shown on his wisdom during the hear- tempts to work and save have been pe- welfare state economically unsound, it ings on the impeachment of President nalized, and generation after genera- is spiritually and morally unsound. Nixon. In later years, Ham Fish served tion of children have grown up without We are doing our part to enact seri- as ranking Republican on that commit- seeing an adult go to work. This miser- ous reform of welfare. It is time for Bill tee, where he was known for champion- able welfare system must not continue. Clinton to show leadership, to keep his ing the revision of immigration law Let us replace welfare with work. Let promises to end welfare as we know it. and of continuing the battle against us replace rigid bureaucracy with com- f munity and compassion, and let us re- prejudice, discrimination, and hate. b 1015 Ham Fish brought to this Chamber a place vetoes with a signing ceremony. sense of dignity and a sense of decency. f AMERICA NEEDS A NEW As the scion of a family whose record GARDENER of public service goes back to the days ANNOUNCEMENT BY THE SPEAKER (Mr. DOGGETT asked and was given of the American Revolution, he com- PRO TEMPORE permission to address the House for 1 piled a record of which we can all be The SPEAKER pro tempore (Mr. minute.) proud. HAYWORTH). The Chair would remind Mr. DOGGETT. Mr. Speaker, what a Mr. Speaker, I am honored to have all Members it is appropriate to ad- contrast in Speaker GINGRICH’s garden- served with Ham Fish, and I was privi- dress remarks to the Chair and not to ing abilities. When it comes to Medi- leged that Ham was my friend. other persons. care, he says, let it wither on the vine. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8107 But when it comes to the special inter- Mr. BONIOR. Mr. Speaker, last year Cecil Field for a veterans cemetery, as well as est money trees here in Washington, he NEWT GINGRICH said he wanted Medi- convert the current barracks into a veterans says, water them, fertilize them. Give care to wither on the vine. At the time, nursing home. Florida's total veterans popu- them lots of fertilizer. Give them ten- both Mr. GINGRICH and his spokes- lation is the second largest in the country, with der loving care. person, Tony Blankley, said he was re- over 274,000 veterans within a 100 mile ra- He is all green thumbs for special in- ferring to Medicare fee-for-service. But dius of Cecil Field. The barracks are currently terest campaign money, for, despite his now the Republicans are trying to re- in use, housing naval officers and enlisted per- handshake with President Clinton last write history. Thirteen separate times sonnel, and could easily be converted to a year and a very pleasant smile in New the Gingrich Republicans voted to cut nursing home facility for veterans. It is a trag- Hampshire, he did nothing for months Medicare for tax breaks for the edy that many veterans who fought to secure on the issue of campaign finance re- wealthiest individuals and corporations our freedom, have had to suffer and some- form so that nothing would occur in in America. Now they are trying to run times die at home because there was not this 1996 election. Then when he finally away from their record. I suppose next enough room in the current VA facilities. Like- spoke, his view was that the independ- they will tell us that Bob Dole did vote wise, the cemetery would require very little ent organizations who demanded real for Medicare back in 1965. money to start up, and would provide those reform of our election system, they had This is one more attempt, I might who valiantly fought for this country with a it all wrong. What America needs is add, Mr. Speaker, by the Republicans proper burial. Please join me and support this not less campaign spending but more, to shut down voices. When seniors tried bill to use our current resources for the good lots more campaign spending. to speak out against Medicare cuts, of our veterans. Mr. Speaker, when we look at the they were arrested. Now that the labor f issue of reforming this Congress, he said, we will have a week next year and movement, which has been the cham- CUTS IN MEDICARE we will call it reform week. That was pion of working people, has had the courage to tell the truth about the (Ms. MCCARTHY asked and was last week and now it has been canceled. given permission to address the House America needs a new gardener. Gingrich agenda and speak out for working families most affected by for 1 minute.) f Ms. MCCARTHY. Mr. Speaker, Con- these cuts, Republicans are trying to gress must act to ensure that the Medi- TRAGEDY HIGHLIGHTS AMERICA’S silence them. care Program remains solvent for cur- STRENGTH Republicans can try to shut down rent beneficiaries as well as future gen- voices all they want to, because they (Mr. LAZIO of New York asked and erations. Cuts in the House leadership are never going to be able to shut down was given permission to address the Medicare proposal would result in re- the truth. House for 1 minute and to revise and ductions to our seniors by decreasing extend his remarks.) f services and increasing costs. Mr. LAZIO of New York. Mr. Speak- INTRODUCTION OF LEGISLATION The House leadership proposal in- er, as I was leaving the memorial serv- TO USE CECIL FIELD AS A SITE cludes provisions that would allow doc- ice for the families of the victims of FOR A VA NATIONAL CEMETERY tors to charge seniors more out-of- TWA flight 800 yesterday, my heart pocket costs and medical savings ac- was touched to see crowds of Long Is- AND DEVELOPMENT OF A LONG TERM CARE FACILITY counts which would further exacerbate landers who could not attend the cere- the program’s solvency. We must re- (Mr. STEARNS asked and was given mony lining the roads with signs ex- main committed to ensuring that sen- permission to address the House for 1 pressing love and support for those who iors have access to high quality, afford- minute and to revise and extend his re- lost loved ones in this terrible disaster. able health services. It is time for Con- The signs read: ‘‘We Are Praying for marks.) gress to get serious about protecting You.’’ ‘‘Our Hearts Are With You.’’ Mr. STEARNS. Mr. Speaker, the hon- Medicare. We should establish an inde- If there is any solace in this calam- orable minority whip knows that the pendent bipartisan commission to ana- ity, it is that Americans from all walks Speaker was not talking about Medi- lyze these issues and provide rec- of life have come together to share in care. He was talking about the Health ommendations to Congress that would this loss, to offer support, and to care Care Financing Administration. And in protect the long-term solvency of this for each other. the book ‘‘Putting People First,’’ by Coming together in times of need program. Mr. GORE and President Clinton, they Let us solve the Medicare problem by with a true sense of community is one talked about scrapping the Health Care of the great strengths of our Nation. I working in a bipartisan method to get Financing Administration just as the the job done, not have it wither on the cannot help but think of the hundreds Speaker did. Now they are accusing the of people who went out on the dark vine as the Speaker would have it. Speaker of talking about Medicare f ocean the night of the disaster to look when he was not. for survivors and the thousands of peo- Mr. Speaker, in 1993, Cecil Field THE TRUTH ABOUT MEDICARE ple who have literally worked around Naval Air Station was approved for clo- (Mr. KINGSTON asked and was given the clock without much fanfare. sure by the President and this Con- All these people, rescuers, Red Cross permission to address the House for 1 gress. The base has long served the workers, FBI agents, NTSB officials, minute and to revise and extend his re- airline employees, local police, Coast military community of Jacksonville, marks.) Guard members, medical examiners, FL, and its surrounding area. Mr. KINGSTON. Mr. Speaker, there grief counselors, and citizens from all In order to continue to serve our vet- is an old saying that when you cannot over the country who volunteer their erans, I am proposing a bill that would dazzle people with your brilliance, you time and energy have worked self- designate 1,500 acres of Cecil Field for a baffle them with your bull. Certainly lessly. Even though they have been veterans cemetery as well as convert that seems to be the theme of the Dem- burdened by very heavy hearts because the current barracks into a veterans ocrat Party today, . . . one after the of the grim work they are doing, they nursing home. Florida’s total veterans other, saying that the Speaker said keep at the job. population is the second largest in the Medicare should wither on the vine. I urge all Americans, Mr. Speaker, to country and it needs these facilities. They know, as do their AFL–CIO acknowledge these continuing efforts So I hope my colleagues will help me comrades, that the statement was that on Long Island and to express pride in to sponsor this new bill to help Cecil HCFA, the Health Care Financing Ad- the spirit that makes our country so Field develop a cemetery for veterans. ministration, would wither on the vine. great. Mr. Speaker, in 1993, Cecil Field Naval Air This thing is so important that even f Station was approved for closure by the Presi- television stations have taken this dent and this Congress. This base has long AFL–CIO–Democrat ad off the air be- REPUBLICANS AND MEDICARE served the military community of Jacksonville, cause it is a lie. (Mr. BONIOR asked and was given FL, and its surrounding areas. In order to con- It is amazing, when they speak with permission to address the House for 1 tinue to serve our military veterans, I am pro- such forked tongue, that they come up minute.) posing a bill that will designate 1,500 acres of here and ask for bipartisanship . ... H8108 CONGRESSIONAL RECORD — HOUSE July 23, 1996 The other thing that they are saying tee. My hope is that this body will urge We have to wonder which statement is that the Republican plan cuts Medi- our conferees to say no to payoffs, for of the Speaker’s we are to believe. care. The Republican plan goes from layoffs. f $190 to $304 billion. I wish that my f CONGRESS IS NOT GOING TO CUT Democrat friends would join me in in- MEDICARE NO MATTER WHAT creasing Medicare from $5,000 to $7,000 REPUBLICANS WANT COMMON- ANYBODY SAYS per person. It would be great if they SENSE REFORM OF THE WEL- would like to join us in increasing and FARE SYSTEM (Mr. CALLAHAN asked and was protecting and preserving Medicare. I (Mrs. SEASTRAND asked and was given permission to address the House ask them to . . . join us in true reform. given permission to address the House for 1 minute and to revise and extend Mr. VOLKMER. Mr. Speaker, I de- for 1 minute and to revise and extend his remarks.) mand that the gentleman’s words be her remarks.) Mr. CALLAHAN. Mr. Speaker, to taken down. Mrs. SEASTRAND. Mr. Speaker, those thousands of American senior f most people probably think that wel- citizens around the country that might fare is temporary, that people are on it be watching this today, I want to tell b 1030 for a few months and then move on to them that we are having a lot of fun PARLIAMENTARY INQUIRY a job. This is not the case. The average seemingly at their expense. We have stay on welfare is 13 years. some people who are more interested in Mr. GENE GREEN of Texas. Mr. Mr. Speaker, that is plainly unac- the Presidential race or in their own Speaker, I have a parliamentary in- ceptable. When we place people on wel- congressional races. We have some peo- quiry. fare for year after year after year, you ple that are using these props and some The SPEAKER pro tempore [Mr. are not helping them you are hurting people even making up things. But to HAYWORTH]. The gentleman will state them. If a person is healthy and is able alleviate any fears that may he had in his parliamentary inquiry. to work, they should work, period. It is the future about this Congress cutting Mr. GENE GREEN of Texas. Is the reprehensible that our Government has Medicare, I am a member of the Com- gentleman from Georgia [Mr. KINGS- devised a welfare system that pays peo- mittee on Appropriations, and I have TON] required to be seated during this ple not to work. spoken to Democrats and Republicans time? Republicans have made it very clear on the committee, and I will guarantee The SPEAKER pro tempore. The gen- that we want serious, commonsense re- everyone that we are not going to cut tleman is correct. The gentleman from form of the welfare system. We want to Medicare under any circumstance. Georgia will be seated. emphasize work, we want to restore So listen to the debate, listen to Mr. KINGSTON. Mr. Speaker, I ask power to the States, and we want to en- what they have to say, keep in mind unanimous consent to withdraw any courage personal responsibility. Presi- what they are saying. But if Americans reference from my speech to lying. dent Bill Clinton says he wants the want to go visit their grandchildren The SPEAKER pro tempore. Is there very same things. today, then they should go visit their objection to the request of the gen- I hope the President joins us in re- grandchildren because SONNY CAL- tleman from Georgia? forming welfare so that it does not be- LAHAN can say unequivocally that this There was no objection. come a way of life and people are not Congress, the next Congress, or the fol- The demand was withdrawn. trapped on it for 13 years. lowing Congress is not going to cut f f Medicare no matter what anybody SAY ‘‘NO’’ TO PAYOFFS FOR says. WHICH STATEMENT OF THE f LAYOFFS SPEAKER’S ARE WE TO BELIEVE? SUPPORT INCREASED FUNDING (Mr. SANDERS asked and was given (Mr. KLINK asked and was given per- permission to address the House for 1 FOR THE LEGAL SERVICES COR- mission to address the House for 1 PORATION minute.) minute and to revise and extend his re- Mr. SANDERS. Mr. Speaker, in a marks.) (Mrs. LOWEY asked and was given time when this Congress is proposing Mr. KLINK. Mr. Speaker, let me just permission to address the House for 1 huge cuts in Medicare, and Medicaid, refer again, since we have had some minute and to revise and extend her re- and education, environmental protec- dispute as to who is being truthful and marks.) tion, veterans programs, it is abso- who is misrepresenting the truth, the Mrs. LOWEY. Mr. Speaker, I rise lutely insane that we continue to pro- exact quote from Speaker GINGRICH, today to voice my strong support for vide $125 billion a year in corporate who said: the Legal Services Corp. The funding welfare, tax breaks and subsidies which We don’t get rid of it in round one because cuts contained in the Commerce-Jus- go to some of the largest, the most we don’t think that’s politically smart and tice-State appropriations bill that we profitable corporations in America, and we don’t think that’s the right way to go are considering today will force the that is why I am delighted that last through a transition period, but we believe Legal Services Corp. to abandon many month legislation which I offered with it’s going to wither on the vine because we of the critical legal services that it the gentleman from New Jersey [Mr. think people are voluntarily going to leave provides to poor women, particularly SMITH] passed this body and would take it. victims of domestic violence. a major bite out of one of the most out- My colleagues on the Republican side in 1995, legal services programs han- rageous examples of corporate welfare, would now say that he was referring to dled over 59,000 cases in which clients and that is the billions of dollars in the Health Care Finance Administra- sought legal protection from abusive Pentagon subsidies which taxpayers tion. Who is going to voluntarily leave spouses and over 9,300 cases involving are providing to huge defense contrac- the Health Care Finance Administra- neglected, abused, and dependent juve- tors, subsidies which, if my colleagues tion except maybe a handful of dis- niles. In fact, family law—which in- can believe it, are providing incentives gruntled bureaucratic employees who cludes domestic violence cases—makes to merge their companies and in the do not want to work there any more? up one-third of the 1.7 million cases process lay off tens of thousands of When they talk about leaving it, the handled by legal services programs American workers. it is Medicare. We are talking about each year. Yes, that is what we are doing: Tax- fee-for-service Medicare, indeed. Let me tell my colleagues the story payer subsidies are going for payoffs The Speaker himself, quoted in the of one women who received help from a for layoffs, to lay off tens of thousands Atlanta Journal and Constitution 3 legal services program. To escape an of American workers. days after this quote was in the Wash- abusive husband, this woman took her Mr. Speaker, while this important ington Post, said that he was in fact three children and fled to Texas. The legislation passed the House unfortu- referring to fee-for-service Medicare husband followed her, beat her up, and nately it did not pass the Senate, and which he believed seniors would leave held a gun to her head and threatened it will be going to conference commit- if they will have managed care. to kill her. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8109 Let us support the increase for legal bran muffins to get his campaign mov- the record shows that the Speaker’s services. Let us not cut it for women ing. words are what is getting Republicans like this one. f in trouble. f f GENUINE WELFARE REFORM MOURNING THE PASSING OF THE (Mr. TORKILDSEN asked and was WE MUST REFORM WELFARE HONORABLE HAMILTON FISH OF given permission to address the House (Mr. WELLER asked and was given NEW YORK for 1 minute and to revise and extend permission to address the House for 1 (Mrs. KELLY asked and was given his remarks.) minute and to revise and extend his re- permission to address the House for 1 Mr. TORKILDSEN. Mr. Speaker, the marks.) minute and to revise and extend her re- time has come for President Clinton to Mr. WELLER. Mr. Speaker, let me marks.) show some leadership on welfare re- tell my colleagues, we all came to Mrs. KELLY. Mr. Speaker, I rise this form. If he really wants genuine wel- Washington to change how Washington morning to mourn the passing of my fare reform, if he really wants to end works, and one of the most basic, fun- friend and distinguished Member of welfare as we know it, he will sign the damental changes we need to bring, of this institution, the Honorable Hamil- bipartisan welfare plan when it reaches course, is reforming our welfare sys- ton Fish of New York. Ham epitomized his desk. tem. the concept of public service. He rep- Genuine welfare reform focuses on Between 1965 and 1994, America’s tax- resented the 19th Congressional Dis- work, not welfare. It requires delin- payers have spent $5.4 trillion on wel- trict of New York for 26 years. I had quent parents to make child care pay- fare, and what have we gotten? A failed the pleasure of working with him for ments to support their children and welfare system. many years and came to know him for also to relieve the taxpayers of that Who suffers the most under welfare his dedication to truth and the dignity burden. Genuine welfare reform means today? The children of our Nation. of public service. He was a true gen- no more welfare for illegal aliens and In fact, as a result of our failed wel- tleman and my friend for 26 years. He felons. Genuine welfare reform restores fare programs are high rates of juvenile left me large shoes to fill in the 19th power and flexibility to the States, and crime, more children living in poverty Congressional District. genuine welfare reform encourages per- than ever before and higher rates of Mr. Speaker, this institution is often sonal responsibility. teenage illegitimacy. judged by its problems as a whole or by Mr. Speaker, the House has passed Our current welfare system has the misdeeds of a few, but seldom by welfare reform, and the Senate is ex- failed. the virtues of its individual Members. pected to do so today. Congress has Just last week this House passed real Hamilton Fish carried out his work shown the necessary leadership to pass welfare reform, welfare reform that with dignity and respect and rep- this bill. President Clinton should do emphasizes work and family and re- resented the very best of this institu- the same and sign the genuine welfare sponsibility. Twice now we have passed tion. Our thoughts and prayers go to reform bill. and sent to the President real welfare his wife MaryAnn and his family. We f reform that emphasizes work and fam- will miss you, Ham. ily and responsibility, and President REPUBLICAN MAJORITY TRYING f Clinton vetoed it twice. TO REWRITE HISTORY Well, let us send it again. Let us send BOB DOLE NEEDS MORE THAN (Mr. GENE GREEN of Texas asked real welfare reform that emphasizes BRAN MUFFINS TO KEEP HIS and was given permission to address work and family responsibility. Let us CAMPAIGN MOVING the House for 1 minute and to revise hope that the third time is the charm. (Mr. SCHUMER asked and was given and extend his remarks.) Let us hope the President signs the bill permission to address the House for 1 Mr. GENE GREEN of Texas. Mr. this time. We need welfare reform. minute and to revise and extend his re- Speaker, the Republican majority last f marks.) night and today; we have all heard it, Mr. SCHUMER. Mr. Speaker, today’s is trying to rewrite history. In fact we THE REPUBLICAN ECONOMIC Washington Post reported that Bob heard it again this morning where they AGENDA Dole is the picture of physical health are trying, the Republican colleague, (Mrs. CLAYTON asked and was given for a man 73 years of age, but his elec- my Republican colleague is trying to permission to address the House for 1 toral health is another matter. No rewrite it. Their method of operation is minute and to revise and extend her re- matter how physically fit Bob Dole to threaten possible libel suits against marks.) may be at age 73, the American voter television stations that run commer- Mrs. CLAYTON. Mr. Speaker, since will not support tobacco for kids, cials that accurately reflect what the President Clinton took office, the defi- choice for no one, and assault weapons Speaker’s views on Medicare are. The cit has been on a steady decline, now for everyone, and so to restore his po- logic is: ‘‘If you can’t beat them, then estimated by both CBO and OMB as litical health Candidate Dole has now prevent them from broadcasting.’’ somewhere between $117 billion. Con- had to flip-flop. Bob Dole said ciga- The question is whether the Speaker gress has had a real opportunity to rettes were not addictive and now ad- of the House said Republicans planned ease the economic burdens faced by so mits they are. Bob Dole’s 35-year for Medicare to ‘‘wither on the vine.’’ many American citizens. antichoice record is replaced by the After he made that famous speech last Today the Republicans are gathering protolerance candidate today. year, it was not quite clear, and yet re- for an economic forum. That is indeed Repealing the assault weapons ban porters asked the Speaker’s press sec- encouraging. However, the gentleman was a top priority when Dole was in the retary for clarification. He confirmed from Georgia [Mr. GINGRICH] has been Senate. Now he says he might veto the to a reporter that the Speaker meant quoted as stating that their idea is ‘‘to same bill. The flip-flops have gotten so the fee-for-service medicine. boost the growth and restore the Amer- bad his political health has reached Fee-for-service medicine, that is ican dream through capital gains re- critical. Medicare. That is not some change in lief.’’ That is discouraging. His handlers have reportedly forbid- interpretation a year later. The Nation has clearly rejected poli- den Bob Dole from speaking to report- Later, in a town hall meeting in his cies that simply help only the rich and ers without a script. And next week, in district the Speaker said he was refer- forget the rest. the ultimate desperation move, Can- ring to the ‘‘fee-for-service portion of I urge my Republican colleagues as didate Dole will unveil a pie-in-the-sky Medicare.’’ That sounds to me like they assemble today to consider all tax cut and abandon his pledge to bal- Medicare that most of the country is America, not just those who make over ance the budget. familiar with. $100,000 a year, but all Americans. We That is right, another flip-flop. Mr. Speaker, the Republican major- can help working Americans by provid- Bob Dole’s physical health may be ity says the Democrats and the media ing tax breaks for educating our col- OK, but he will need a lot more than are lying to the American people. But lege students, by raising the minimum H8110 CONGRESSIONAL RECORD — HOUSE July 23, 1996 wage, by passing a bipartisan health b 1045 choice. We had choice in the bill that insurance reform, and now enacting So these are all issues. Incidentally, passed the House and the Senate and tax relief for both low-income and mid- do we want this Medicare reform to that the President vetoed. dle-income families. really save Medicare? If that were the The Democrats are scared to death to f case, we need far less in Medicare re- give the seniors the right to choose. If they can choose, they would not choose REPUBLICAN MAJORITY DOING ductions than what they are proposing. a bureaucratic system. That is what THE PEOPLE’S WILL, ESPE- No; it is to pay for a tax cut for the the Speaker meant. CIALLY THE SENIORS wealthiest individuals in this country. That is not saving Medicare. (Mr. FOX of Pennsylvania asked and f f was given permission to address the House for 1 minute and to revise and NO MORE MEDICARE UNDER THE SOME ARE STILL PAYING FOR extend his remarks.) REPUBLICANS THE 1993 TAX INCREASE Mr. FOX of Pennsylvania. Mr. Speak- (Mr. VOLKMER asked and was given (Mr. BALLENGER asked and was er, I want to take a moment just to re- permission to address the House for 1 given permission to address the House view some of the progress that has minute and to revise and extend his re- for 1 minute and to revise and extend been made by the Republican majority marks.) his remarks.) in this Congress to do what is the peo- Mr. VOLKMER. Mr. Speaker, as we Mr. BALLENGER. Mr. Speaker, I do ple’s will and especially with regard to have heard here and as reports have not know how many other people are in our senior citizens, Mr. Speaker. been made, the Republicans are trying the same situation I am, but when In this House, the Representatives to rewrite history as far as what taxes went up in 1993, and of course no- have passed legislation to roll back the Speaker GINGRICH said with regard to body talks about the tax increase, but 1993 tax on Social Security. We have Medicare. There is no question, it is in a lot of us are with the people that also had legislation that we passed the RECORD, what he did say: gave you the choice: You can pay up here in the House to raise the income We do not get rid of it in round one be- immediately or you can spread it out eligibility levels from $11,280 a year to cause we don’t think that that is politically over 3 years. $30,000 over the next 5 years without smart. We don’t think that is the right way I just got a notice from the Internal deductions from Social Security, and it to go through a transition period. But we be- Revenue Service that my third pay- is the same Republican majority trying lieve it is going to wither on the vine, be- ment on the increase in taxes that to save Medicare, and we will accom- cause we think people are voluntarily going to leave it. were passed in 1993 was due. How many plish that by making sure we remove people in this country today are now That is what the Speaker said. Now the fraud, waste, and abuse. paying, finally, the ultimate increase what does it mean? That means he is Thirty billion dollars a year is what in taxes that was passed in 1993? getting rid of Medicare. That is the the figure is on fraud, waste, and If the American people were to stop way they voted. If we look at all the abuse. By passing legislation which and think about the notice that they bills they have passed through here in will, in fact, make it a crime to double got in the mail saying ‘‘Pay up, 1993 is regard to Medicare, in 7 years, folks, bill or overbill the Government for now due,’’ I think we would have a there is not going to be any more Medi- that $30 billion in fraud, waste, and whole bunch of people recognize that care. abuse, we will have the funds ready and that increase in taxes in 1993 ran over Senior citizens out there are waking available for this generation of seniors a long period of time and some of us up to it. They realize it. The Repub- and the next generation of seniors so are still paying. that health care for seniors will be pre- licans are trying to rewrite what the served. Speaker said. They are trying to say f f that that applies to HCFA. Mr. Speak- er, that does not apply to HCFA. There REPUBLICANS SAVING MEDICARE? PERMISSION FOR SUNDRY COM- is not anybody leaving HCFA. There MITTEES AND THEIR SUB- (Mr. WISE asked and was given per- are not any members of HCFA. COMMITTEES TO SIT TODAY mission to address the House for 1 f DURING 5-MINUTE RULE minute.) Mr. WISE. Mr. Speaker, let us jump WHEN IT COMES TO MEDICARE, Mrs. MORELLA. Mr. Speaker, I ask into this Medicare debate because I am THE DEMOCRATS ARE SCARED unanimous consent that the following fascinated to hear about my colleagues TO DEATH TO GIVE CITIZENS committees and their subcommittees on the other side of the aisle saying THE RIGHT TO CHOOSE be permitted to sit today while the how they are saving Medicare. I say, (Mr. THOMAS asked and was given House is meeting in the Committee of ‘‘Oh, don’t toss me that life preserver if permission to address the House for 1 the Whole House under the 5-minute you’re going to be the lifeguard, be- minute and to revise and extend his re- rule: the Committee on Banking and cause let’s talk about what they do.’’ marks.) Financial Services; the Committee on They say they are raising the amount Mr. THOMAS. Mr. Speaker, the gen- Government Reform and Oversight; the over 7 years from $5,000 to $7,000 per tleman from Missouri failed to inform Committee on International Relations; beneficiary. What they do not tell us is the American people about one specific the Committee on the Judiciary; the that roughly it would be $8,400 under word. In the Speaker’s quote he says, Committee on National Security; the the present program, which means ‘‘We don’t plan on getting rid of it.’’ Committee on Resources; the Commit- beneficiaries will be paying several The question is, What is it? The gen- tee on Science; and the Permanent Se- hundred dollars more out of pocket. My tleman from Missouri tells us un- lect Committee on Intelligence. colleagues may not call that a cut. I equivocally it is the Medicare system. The SPEAKER pro tempore (Mr. think they are going to call that a cut. He knows he is wrong. HAYWORTH). Is there objection to the They relax some of the restrictions Brooks Jackson on CNN exposed request of the gentlewoman from on balanced billing. That means that what the Democrats are doing. If we Maryland? doctors can overcharge, charge more read the whole quote, what the Speak- There was no objection. than what Medicare will permit them er was saying was that when seniors f to charge. They will be relaxed in cer- have an option, when Medicare is tain instances. I do not think that is a changed to allow seniors to choose the big help. This is the same group that, if system they want, the old-fashioned, CORRECTIONS CALENDAR my colleagues remember, earlier want- socialist, 1960’s top-heavy bureaucratic The SPEAKER pro tempore. This is ed to relax Federal nursing home system, will not be the one that seniors the day for the call of the Corrections standards. We cannot have the Federal choose. It will, in fact, wither away. Calendar. Government involved in that, protect- The only way to make sure that this The Clerk will call the bill on the ing seniors, can we? comes about is for seniors to have Corrections Calendar. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8111 SAVINGS IN CONSTRUCTION ACT (3) by inserting after paragraph (3), as so ‘‘(II) a hard-metric product does not con- OF 1996 redesignated by paragraph (1) of this section, stitute 50 percent or more of the total pro- the following new paragraphs: duction of that product by that industry; The Clerk called the bill (H.R. 2779) ‘‘(4) ‘hard-metric product’ means a mate- ‘‘(ii) a hard-metric conversion would re- to provide for soft-metric conversion, rial or product that is— quire domestic manufacturers that are small and for other purposes. ‘‘(A) produced as a result of a hard-metric businesses that produce the product to incur The Clerk read the bill, as follows: conversion; or capital outlays in an average amount greater H.R. 2779 ‘‘(B) identical to a material or product de- than $25,000 per manufacturer to invest in Be it enacted by the Senate and House of Rep- scribed in subparagraph (A), although origi- new equipment to produce a hard-metric resentatives of the United States of America in nally produced in metric-based dimensions; product; and Congress assembled, ‘‘(5) ‘hard-metric conversion’ means a con- ‘‘(iii)(I) based on the economic situation SECTION 1. SHORT TITLE. version that requires, in addition to the ex- and customs of the industry, any potential This Act may be cited as the ‘‘Savings in pression of the dimensions of a product offsetting benefits that could be achieved by Construction Act of 1995’’. under the metric system of measurement, a that industry by carrying out a hard metric SEC. 2. FINDINGS. physical change in the size of that product conversion to produce that product would be The Congress finds the following: relative to the size of that product estab- negligible or (1) The Metric Conversion Act of 1975 was lished under existing production practices of ‘‘(II) hard metric conversion would sub- enacted in order to set forth the policy of the the appropriate industry;’’; stantially reduce competition for Federal United States to convert to the metric sys- (4) by striking ‘‘and’’ at the end of para- contracts and increase by 1 percent or more tem. Section 3 of that Act requires that each graph (6), as so redesignated by paragraph (1) the per unit cost of that product; or Federal agency use the metric system of of this section; ‘‘(III) hard metric conversion would create measurement in its procurements, grants (5) by inserting after paragraph (6), as so a special hardship with respect to domestic and other business related activities, unless redesignated by paragraph (1) of this section, manufacturers that are small businesses by that use is likely to cause significant cost or the following new paragraph: placing those manufacturers at a competi- loss of markets to United States firms, such ‘‘(7) ‘industry’ has the meaning provided tive disadvantage with respect to foreign as when foreign competitors are producing that term by the Board by regulation;’’; competitors; or competing products in non-metric units. (6) by striking the period at the end of ‘‘(4) less that 180 days have elapsed after (2) Currently, many Federal construction paragraph (8), as so redesignated by para- the appropriate representative has been noti- contracting officers are requiring as a condi- graph (1) of this section, and inserting in lieu fied of a proposed contract specifying hard- tion of obtaining Federal contracts that all thereof a semicolon; and metric product. bidders must agree to use products measured (7) by adding at the end the following new ‘‘(d) The head of each agency of the Fed- in round metric units, materials which are paragraphs: eral Government shall establish a list of ap- known as ‘‘hard-metric’’ products. This re- ‘‘(9) ‘soft-metric product’ means a material propriate representatives of each industry quires retooling, substantial capitalization or product that is produced as a result of a that may make a certification under sub- costs, and other expensive production soft-metric conversion; section (c)(3)(A). The agency head shall up- changes for most construction firms and sup- ‘‘(10) ‘soft-metric conversion’ means a con- date that list on an annual basis. The list pliers to physically change the size of the version that requires the expression of the shall include appropriate professional or product. dimensions of a product under the metric trade associations that are recognized as rep- (3) This ‘‘hard-metric’’ conversion require- system of measurement without changing resenting the industries. ment is often being imposed only for the pur- the physical size of the product relative to ‘‘(e) When an appropriate representative pose of achieving rounded numbers, and the size of that product established under ex- submits a certification under subsection without regard to whether that method is isting production practices of the appro- (c)(3)(A), the representative shall also sub- impractical or likely to cause significant priate industry; and mit a list of domestic manufacturers that costs or a loss of markets to United States ‘‘(11) ‘small business’ means a business have the capability to manufacture the prod- firms. that would be a small business under the uct that is the subject of the certification as (4) United States businesses that manufac- Standard Industrial Classification codes and a soft-metric product.’’. ture basic construction products suffer great size standards in section 121.601 of title 13 of COMMITTEE AMENDMENT IN THE NATURE OF A upheaval by being forced to either convert to the Code of Federal Regulations as in effect SUBSTITUTE hard-metric production, or be foreclosed on the date of the enactment of this para- from effectively bidding on Federal or feder- graph.’’. The SPEAKER pro tempore. The ally assisted projects. SEC. 4. METRIC CONVERSION. Clerk will report the committee (5) This ‘‘hard-metric’’ conversion require- Section 12 of the Metric Conversion Act of amendment in the nature of a sub- ment places domestic producers at a com- 1975 (15 U.S.C. 205j–1) is amended by striking stitute. petitive disadvantage with respect to foreign subsection (b) and inserting in lieu thereof The Clerk read as follows: producers; reduces the number of companies the following new subsections: that may compete for contracts with the ‘‘(b) No agency of the Federal Government Committee amendment in the nature of a Federal Government; and forces manufactur- may develop, implement, or continue the use substitute: strike out all after the enacting ers to maintain double inventories of similar of construction design or procurement guide- clause and insert: but incompatible products. lines that require the use of a hard-metric SECTION 1. SHORT TITLE. (6) This ‘‘hard-metric’’ conversion require- product if a majority of the contracts that This Act may be cited as the ‘‘Savings in ment raises the cost to taxpayers of Federal would be proposed pursuant to such guide- Construction Act of 1996’’. construction projects, since the Federal Gov- lines would be likely to result in a certifi- ernment is often required to pay additional cation described in subsection (c)(3)(A). SEC. 2. FINDINGS. costs, known as a ‘‘metric premium,’’ to pro- ‘‘(c) No agency of the Federal Government The Congress finds the following: cure hard-metric products. may establish or apply a bidding require- (1) The Metric Conversion Act of 1975 was (7) ‘‘Soft-metric’’ conversion would be a ment or preference with respect to any feder- enacted in order to set forth the policy of the less costly and less intrusive way of meeting ally assisted construction contract that United States to convert to the metric sys- the goals of Section 3 of the Metric Conver- specifies the use of a hard-metric product tem. Section 3 of that Act requires that each sion Act of 1975. The product itself would re- if— Federal agency use the metric system of main the same size; its dimensions simply ‘‘(1) the use of soft-metric product is tech- measurement in its procurements, grants would be expressed in metric units. nologically feasible; and and other business related activities, unless (8) As the application of the soft-metric ‘‘(2) an appropriate representative (as se- that use is likely to cause significant cost or conversion mandates no change in the size of lected pursuant to subsection (d) of the in- loss of markets to United States firms, such the product, the goals of the Metric Conver- dustry that manufactures the product) noti- as when foreign competitors are producing sion Act of 1975 will be achieved without ex- fies the agency, within 30 days after enact- competing products in non-metric units. cessive economic upheaval. ment of this Act, that the representative (2) Currently, many Federal agencies are SEC. 3. DEFINITIONS. makes certification or intends to make cer- requiring as a condition of obtaining Federal Section 4 of the Metric Conversion Act of tification under paragraph (3)(A); and ei- construction contracts that all bidders must 1975 (15 U.S.C. 205c) is amended— ther— agree to use products measured in round (1) by redesignating paragraphs (2), (3), and ‘‘(3) the certification establishes or will es- metric units, materials which are known as (4) as paragraphs (3), (6), and (8), respec- tablish that— ‘‘hard-metric’’ products. This can require re- tively; ‘‘(A) such industry-specific or product-spe- tooling, substantial capitalization costs, and (2) by inserting after paragraph (1) the fol- cific factors exist that— other expensive production changes for some lowing new paragraph: ‘‘(i)(I) the product is not readily available suppliers to physically change the size of the ‘‘(2) ‘domestic manufacturer’ means a man- as a hard-metric product from 50 percent or product. ufacturer at least 51 percent of whose pro- more of the domestic manufacturers in the (3) This ‘‘hard-metric’’ conversion require- duction occurs in the United States;’’; United States; or ment has sometimes been imposed without H8112 CONGRESSIONAL RECORD — HOUSE July 23, 1996 appropriate regard to whether that method ‘‘(b) In carrying out the policy set forth in There was no objection. is impractical or likely to cause significant section 3 (with particular emphasis on the The SPEAKER pro tempore. Pursu- costs or a loss of markets to United States policy set forth in paragraph (2) of that sec- firms. tion) a Federal agency may not require that ant to the rule, the gentlewoman from (4) Some United States businesses that lighting fixtures be converted products un- Maryland [Mrs. MORELLA] and the gen- manufacture basic construction products less the predominant voluntary industry tlewoman from Missouri [Ms. MCCAR- suffer harm by being forced to convert to consensus standards are hard-metric.’’. THY] will each be recognized for 30 min- hard-metric production, or by being fore- SEC. 5. OMBUDSMAN. utes. closed from effectively bidding on Federal or Section 12 of the Metric Conversion Act of The Chair recognizes the gentle- federally assisted projects. 1975, as added by section 4 of this Act, is fur- woman from Maryland [Mrs. MORELLA]. (5) This ‘‘hard-metric’’ conversion require- ther amended by adding at the end the fol- ment may place domestic producers at a lowing new subsection: Mrs. MORELLA. Mr. Speaker, I yield competitive disadvantage with respect to ‘‘(c)(1) The head of each executive agency myself such time as I may consume. foreign producers; may reduce the number of that awards construction contracts shall Mr. Speaker, the Committee on companies that may compete for contracts designate a senior agency official to serve as a construction metrication ombudsman who Science has reported H.R. 2779, the with the Federal Government; and may force Savings in Construction Act of 1996, in- manufacturers to maintain double inven- shall be responsible for reviewing and re- tories of similar but incompatible products. sponding to complaints from prospective bid- troduced by the gentleman from Cali- (6) This ‘‘hard-metric’’ conversion require- ders, subcontractors, suppliers, or their des- fornia [Mr. COX] to the House for its ment has unnecessarily raised the cost to ignated representatives related to— consideration under the Corrections ‘‘(A) guidance or regulations issued by the the Government of some lighting and con- Day Calendar. agency on the use of the metric system of crete masonry products and there is consen- measurement in construction contracts; and H.R. 2779 provides for the appropriate sus that relief is in order. ‘‘(B) the use of the metric system of meas- implementation of the Metric Conver- (7) While the Metric Conversion Act of 1975 urement for products or materials required sion Act of 1975 in Federal construction currently provides an exception to metric for incorporation in individual construction usage when impractical or when it will cause projects. The Metric Conversion Act, as projects. economic inefficiencies, there is need for om- amended, requires that all Federal budsmen and procedures to ensure the effec- The construction metrication ombudsman agencies use the metric system in pro- tive implementation of the exceptions. shall be independent of the contracting offi- curements, grants, and other business- (8) The changes made by this Act will ad- cer for construction contracts. ‘‘(2) The ombudsman shall be responsible related activities, except when such vance the goals of the Metric Conversion Act for ensuring that the agency is not imple- use is impractical or is likely to cause of 1975 while eliminating significant prob- menting the metric system of measurement significant inefficiencies or loss of lems in its implementation. in a manner that is impractical or is likely markets to United States firms. SEC. 3. DEFINITIONS. to cause significant inefficiencies or loss of In the implementation of the act, Section 4 of the Metric Conversion Act of markets to United States firms in violation 1975 (15 U.S.C. 205c) is amended— of the policy stated in section 3(2), or is oth- however, certain American construc- (1) by redesignating paragraphs (2), (3), and erwise inconsistent with guidance issued by tion industries have suffered an ad- (4) as paragraphs (3), (6), and (7), respec- the Secretary of Commerce in consultation verse economic impact and the govern- tively; with the Interagency Council on Metric Pol- ment has had to incur additional costs (2) by inserting after paragraph (1) the fol- icy. for using metric in certain Federal lowing new paragraph: ‘‘(3) The ombudsman shall respond to each construction projects. Therefore, there complaint in writing within 30 days and ‘‘(2) ‘converted product’ means a material is a need to correct the Metric Conver- or product that is produced as a result of a make a recommendation to the head of the hard-metric conversion;’’; executive agency for an appropriate resolu- sion Act by providing for flexibility in (3) by inserting after paragraph (3) the fol- tion thereto. In such a recommendation, the its implementation. lowing new paragraphs: ombudsman shall consider— With H.R. 2779 we can achieve the ‘‘(4) ‘hard-metric’ means measurement, de- ‘‘(A) the availability of converted products goals of the act in Federal construction sign, and manufacture using the metric sys- and hard metric production capacity of Unit- projects without closing project bids to ed States firms, or lack thereof; tem of measurement, but does not include American companies, especially small measurement, design, and manufacture using ‘‘(B) retooling costs and capital investment English system measurement units which impacts; manufacturers who do not export and are subsequently reexpressed in the metric ‘‘(C) the impact on small business; who cannot afford to retool their pro- system of measurement; ‘‘(D) the impact on trade; duction facilities at great cost to ‘‘(5) ‘hard-metric conversion’ means a con- ‘‘(E) the impact on competition for Federal produce products which are identical version that requires, in addition to the ex- contracts; except for a slight change in size. pression of the linear dimensions of a prod- ‘‘(F) the impact on jobs; The Committee on Science has heard ‘‘(G) the impact on the competitiveness of uct under the metric system of measure- testimony from these affected compa- ment, a physical change in the size of that United States firms; and product relative to the size of that product ‘‘(H) the cost to the Federal Government. nies that, under the current implemen- established under the system of English ‘‘(4) After the head of the agency has ren- tation of the act, domestic producers measurements in production practices of the dered a decision regarding a recommenda- are at a competitive disadvantage with appropriate industry;’’; tion of the ombudsman, the ombudsman respect to foreign metric producers. (4) by striking ‘‘and’’ at the end of para- shall be responsible for communicating the The number of companies that compete decision to all appropriate policy, design, graph (6), as so redesignated by paragraph (1) for contracts with the Federal Govern- of this section; planning, procurement, and notifying per- sonnel in the agency. The ombudsman shall ment are reduced and manufacturers (5) by striking the period at the end of are forced to maintain double inven- paragraph (7), as so redesignated by para- conduct appropriate monitoring as required to ensure the decision is implemented, and graph (1) of this section, and inserting in lieu tories of similar but incompatible may submit further recommendations, as thereof ‘‘; and’’; and products. needed. The head of the agency’s decision on (6) by adding at the end the following new the ombudsman’s recommendations, and any Mr. Speaker, as chairman of the Sub- paragraph: supporting documentation, shall be provided committee on Technology which has ‘‘(8) ‘small business’ has the meaning given to affected parties and made available to the jurisdiction over our Nation’s tech- the term ‘small business concern’ in section public in a timely manner.’’. nology and competitiveness policy, I 3 of the Small Business Act (15 U.S.C. 632).’’. Amend the title so as to read: ‘‘A bill to am a strong supporter of encouraging SEC. 4. IMPLEMENTATION EXCEPTIONS. provide for appropriate implementation of the use of the metric system in the in- The Metric Conversion Act of 1975 (15 the Metric Conversion Act of 1975 in Federal U.S.C. 205a et seq.) is amended by inserting construction projects, and for other pur- terests of our Nation’s industrial com- after section 11 the following new section: poses.’’. petitiveness in world markets. Despite ‘‘SEC. 12. (a) In carrying out the policy set Mrs. MORELLA (during the reading). our current laws to promote metric, forth in section 3 (with particular emphasis Mr. Speaker, I ask unanimous consent the United States still remains the on the policy set forth in paragraph (2) of only major industrialized country in that section) a Federal agency may require that the committee amendment in the nature of a substitute be considered as the world which does not predomi- that specifications for structures or systems nantly use metric as the standard of concrete masonry be expressed under the read and printed in the RECORD. metric system of measurement, but may not The SPEAKER pro tempore. Is there measurement system. require that concrete masonry units be con- objection to the request of the gentle- Converting to the metric system is a verted products. woman from Maryland? goal that Congress has wisely decided July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8113 and should be fully supported. We must been resolved, Mr. Speaker. We appre- entire world outside of the United continue to promote, sensibly and as ciate the flexibility of the gentleman States would not define me that way. vigorously as possible, the metric sys- from California [Mr. COX], who has They are using a more efficient system, tem to advance our Nation’s long-term shown that the can be flexible in these frankly, of meters and grams. This is a international competitiveness. matters. He did not object to the cur- good thing. H.R. 2779 is a bill worthy of our sup- rent version as the administration We can learn from history. Back port because it balances the need for sought, and we heartily support it. when the Moors in Spain were intro- the Federal Government to maintain Mr. Speaker, I will include as a gen- ducing what we now call Arabic numer- our current efforts to promote metric eral leave statement for the RECORD als to Europe, there was great resist- while providing for appropriate imple- the more detailed views of the Commit- ance to that, because Roman numerals mentation of the Metric Conversion tee on Science’s ranking Democratic were in use everywhere. The trouble Act in Federal construction projects. member, the gentleman from Califor- was, you could not add up Roman num- Specifically, H.R. 2779 provides spe- nia [Mr. BROWN], who has been a leader bers. You could not put them in col- cific recourse for the concrete, ma- on metric issues for over two decades. umns the way you can with Arabic nu- sonry, and lighting industries in the Mr. Speaker, the current version of merals. implementation of the act. The record H.R. 2779, the Savings in Construction Despite the great convenience of the of the Committee on Science hearing Act, deserves the bipartisan support of new system of Arabic numerals, there on this bill is clear, that these two in- this body, and while the gentleman was great suspicion. The change was dustries are suffering a demonstrated from California [Mr. BROWN], in his resisted, indeed for centuries, by Euro- adverse economic impact under the support, believes that the Committee pean society. Some quarters thought Metric Conversion Act which neces- on science’s actions have improved Arabic numerals were, in fact, the sitates immediate relief. H.R. 2779 substantially, he, too, wishes work of the devil. But it was the shop- Second, the bill provides a mecha- that we use this legislation as an op- keepers, the traders, and the mer- nism through the appointment of an portunity to develop a more imagina- chants who had to add up the numbers ombudsman in each executive branch tive approach to measurements and every day who eventually caused soci- agency for other afflicted industries to policy questions. ety to convert. That is the lesson of gain such relief in the future if in fact Mr. Speaker, I reserve the balance of history that we need to be mindful of needed. The ombudsman would be obli- my time here today. gated to balance harm to the industry Mrs. MORELLA. Mr. Speaker, I yield It will be our market system, our and objectively apply the flexibility of such time as he may consume to the global trading environment, that will the existing law to alleviate hardship. gentleman from California [Mr. COX], succeed in converting American indus- I want to commend the sponsor of the sponsor of this bill. try and American consumers, eventu- this bill, the gentleman from Califor- Mr. COX of California. Mr. Speaker, I ally, to the metric system. It will not nia [Mr. COX], for his corrective legisla- thank the gentlewoman for yielding be sheer government edict. tion providing for this less costly and time to me. Also, I thank the members Today with this legislation, the Sav- less intrusive method of meeting the of the minority for their kind com- ings in Construction Act, we are not at goals of the Metric Conversion Act. ments and, more importantly, their all backing away from the metric sys- I also want to recognize the chair- hard work in support of a very worth- tem. We are saying that we still want man of the Committee on Science, the while venture. people who bid on Federal construction gentleman from Pennsylvania [Mr. I think it is also important to under- jobs to offer their bids in metric, but WALKER], the committee’s ranking score that almost to a person on the we are taking advantage of one of the member, the gentleman from Califor- Committee on Science, and I think features of the metric system that nia [Mr. BROWN], and the ranking mem- throughout our House of Representa- makes it so superior to our old system ber of the Subcommittee on Tech- tives and the other body, we are sup- of feet and inches and so on that work nology, the gentleman from Tennessee porters of the eventual conversion of on different bases than base 10. the United States to the metric sys- [Mr. TANNER] for their bipartisan ef- b forts in reporting this legislation to tem. This is a decision taken by Con- 1100 the House, and also the gentlewoman gress in 1975. It is a course to which we If we have a base 10 system like the from Missouri [Ms. MCCARTHY], who is are committed. It is an irrevocable metric system, you can work mar- a member of the Subcommittee on course. velously well in fractions. The govern- Technology, who is handling this bill But it has been 8 years since Con- ment, up until today, was telling some across the aisle. gress evaluated our progress in con- bidders on Federal contracts not only Mr. Speaker, I urge all of my col- verting to the metric system: how well do they have to use the metric system leagues to support H.R. 2779, and I re- it is going, where are the short- but everything had to be in a round serve the balance of my time. comings, and what is our long suit. We number. So every block, every board, Ms. MCCARTHY. Mr. Speaker, I yield have found some successes, but also every shingle, every tile, every fixture, myself such time as I may consume. some problems. This bill, I think, will every window would have to be in a Mr. Speaker, I commend our sub- help the conversion to the metric sys- round metric unit. committee chairwoman, the gentle- tem and deal with a significant prob- What business is it of government woman from Maryland [Mrs. MORELLA], lem. whether the American people in their for her efforts on behalf of H.R. 2779; in Mr. Speaker, while many of us in commerce use round numbers or not addition, our ranking member, the gen- Congress, and I think, as I said, almost for every measurement? It is good tleman from Tennessee [Mr. TANNER], all of us in Congress do support this enough that they are using metric who worked diligently to make this conversion to the metric system, I measurements as well as the old sys- truly a substantial bipartisan effort should also point out that there are op- tem of pounds and ounces and feet and that shows the results of a great deal ponents. There are people who for rea- yards, and so on. Rather than require of hard work on the part of members sons of history, heritage, or perhaps whole plants to retool, to remanufac- on both sides of the aisle of the Com- even romance are more attached to the ture these blocks and tiles and lighting mittee on Science and on the sub- system of pounds and ounces and fixtures, and so on, we are letting the committee, as well as the staffs of the inches and feet that we all have be- government say, as purchaser, if it will Office of Federal Procurement Policy, come so accustomed to here in Amer- save the taxpayers a lot of money not the Department of Commerce, and the ica. to have a wholesale retooling, then we General Services Administration. It is, in fact, very personal. I define are going to save the money. While there are areas where we hope myself as a person who weighs 170 We had an experience with a Federal the Senate will clarify our actions, the pounds. I am 5 feet 10 inches tall. I courthouse where out of roughly $100 problems with the original text that took a run for 4 miles. These are parts million, 20 percent was going to be led the administration initially to op- of our daily experience. It is a very per- added cost from having building sup- pose the legislation, these areas have sonal matter. The truth is, almost the plies furnished in round metric units. H8114 CONGRESSIONAL RECORD — HOUSE July 23, 1996 So today we are saying occasionally method used now. These firms are Under current GSA regulations, man- you can use fractions. As over time our missing out on the opportunity to do ufacturers of a few products, such as industries are more and more competi- business with the Federal Government. concrete blocks and lighting fixtures, tive in the global environment, when As the gentleman from California must produce their products in hard they discover that their customers in mentioned, one such company is in my metric dimensions for Federal con- France or in Germany or Japan will district, the Lightolier Co., a company struction. To illustrate, a typical fluo- not buy things unless they are manu- that makes light fixtures and is lo- rescent lighting fixture is 4 feet by 2 factured in metric, then of course that cated in Wilmington, MA and employs feet. Tens of millions of these fixtures conversion will be brought about 200 people. Recently I toured Lightolier are used throughout the United States through the market. The government and met with many of the employees in these dimensions. Soft metric con- here is being very wise for a change. there. Lightolier cannot afford the version would mean relabeling these We are correcting significant govern- multi-million dollar cost of retooling lighting fixtures as 609.6 millimeters by ment errors and mistakes that have oc- to these arbitrary requirements. 304.8 millimeters, a simple and inex- curred and cost jobs in many, many in- In the past Lightolier had a steady pensive approach. dustries. flow of Federal Government contracts. Instead, this industry is being re- I would just like to draw to my col- Currently the company has had to turn quired—as a condition of doing busi- leagues’ attention one example of a down opportunities to bid on these con- ness with the Government—to com- firm in Wilmington, MA, a small com- tracts that require this hard metric pletely retool their operations to pany called Lightolier of Wilmington conversion. Recently the company had produce fixtures in hard metric, meas- that has manufactured light fixtures to lay off 35 people. uring 600 by 300 millimeters, and only for 70 years. They employ about 200 If the Federal Government had not for products used in Federal construc- people. The general manager of the required these hard metric conversion tion projects. The products are not any plant told a local newspaper that their standards, Lightolier may have been better, but they just sound better to equipment could not produce fixtures able to keep these jobs through secured the Federal regulators. in round metric units unless they re- Federal contracts. This bill when it Mr. Speaker, Congress has already tooled it at a cost of about $4.5 million. passes will allow companies like seen fit to provide exceptions in the But they did not have $4.5 million in a Lightolier to be competitive again and amended Metric Conversion Act to this plant of 200 workers. So their alter- bid on contracts with the Federal Gov- hard metric requirement when produc- native was not to bid at all on these ernment. tion costs for hard metric conversion jobs. Because they would lose the In addition to that, another interest- were too high. This bill simply puts work, they also would lose the jobs. ing point that was mentioned in teeth into these exceptions by provid- Of course, our foreign competitors do Lightolier had asked their competitors ing a mechanism by which soft metric not have this problem over in Germany over the border in Canada what stand- standards can be substituted. or Japan. So what government was ard would you adopt, because Canada Without this legislation, bids on all doing was giving foreign competitors has obviously been in the metric sys- Federal projects for these products will an advantage over our United States tem for some time. They said that the be left to only a very few of the largest firms. This was a mistake. It is a mis- Canadian competition would still be manufacturers, leaving a very in com- take that we will fix with our legisla- manufacturing to the same size that petitive marketplace. In other words, tion today. We will save a great deal of Lightolier had been prohibited from this corrections day bill is good for money in the process. submitting as a bid to the Federal Gov- competition and will save money for Mr. Speaker, I want to commend ernment. the taxpayers. once again our chairman, our ranking The International Brotherhood of Mr. Speaker, this is a good bill, it is member, and all of the people who Electrical Workers estimates that H.R. commonsense legislation, and I urge worked so hard on this, but most of all 2779 will have an impact on 25,000 my colleagues to vote for the bill. the gentlewoman from Maryland [Mrs. American jobs that would be threat- Mrs. MORELLA. Mr. Speaker, I yield MORELLA], for making this corrections ened otherwise. 2 minutes to the gentlewoman from Ne- day bill such a success. I expect that it Mr. Speaker, I urge my colleagues to vada [Mrs. VUCANOVICH], who actually will pass with flying colors. correct this problem and pass this bill chaired the task force on corrections Mrs. MORELLA. Mr. Speaker, I yield today. day. 21⁄2 minutes to the gentleman from Ms. MCCARTHY. Mr. Speaker, I re- Mrs. VUCANOVICH. Mr. Speaker, I Massachusetts [Mr. TORKILDSEN]. serve the balance of my time. thank the gentlewoman from Maryland Mr. TORKILDSEN. I thank the gen- Mrs. MORELLA. Mr. Speaker, I yield for yielding me this time. tlewoman for yielding me this time, 3 minutes to the gentleman from Mis- Mr. Speaker, I am pleased to rise and I applaud her leadership and the sissippi [Mr. WICKER]. today in support of H.R. 2779, the 17th leadership of the gentleman from Cali- (Mr. WICKER asked and was given bill brought to the floor this session fornia in getting this bill to the floor. permission to revise and extend his re- under the corrections day process. Mr. Speaker, I rise in strong support marks.) The Corrections Day Calendar has of H.R. 2779, the Soft Metric Conver- Mr. WICKER. Mr. Speaker, I thank just passed its first year anniversary. sion Act of 1996. This bill clarifies the the chairman of the subcommittee for Since the commencement of correc- 1975 Metric Act that required Federal her leadership and for yielding me this tions day, eight bills have been signed construction projects to use a hard time. into law by the President, and eight metric system. This bill enables com- Mr. Speaker, I am pleased to rise in bills have passed the House and are panies that use soft metric conversion support of the Savings in Construction waiting further action in the Senate. I over hard metric conversion where ap- Act, which I am pleased to have co- believe we are compiling a record of plicable, and this will save many jobs sponsored along with my friend from success, and that the Corrections Cal- in our country. California. This bill is consistent with endar will continue to be relied upon The 1975 act mandated the use of gov- bringing back common sense to regula- by the House. ernment-specific hard metric, custom tions regarding metric design and la- The American people are demanding sized products. Often these mandated beling of products used in new Federal a more responsive Government, and products would have no market use at construction. corrections day is a key part in meet- all except for the Federal Government. The fundamental issue here involves ing their demands. H.R. 2779, the Soft It would require retooling and the pur- whether to require soft metric conver- Metric Conversion Act, would prohibit chase of new expensive machinery by sion where inches are converted to mil- agencies from requiring contractors to firms wishing to enter into a contract limeters or centimeters on existing convert masonry and lighting fixtures with the Federal Government. Many products or to require hard metric con- into hard metric sizes. This legislation U.S. firms are unable to meet these in- version where products must be rede- would provide specific relief to the con- creased costs of retooling, which are 15 signed to arrive at rounded metric di- crete masonry and lighting industries to 20 percent higher than the standard mensions. that have suffered an adverse economic July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8115 impact under the Metric Conversion gress is trying to make with laws that Construction Act. I'd like to thank our distin- Act of 1975. I believe that the bill we we have on the books right now. This is guished chairs, Mrs. MORELLA and Mr. WALK- are considering today is a good exam- simply a way to look at a law that ER, as well as Ranking Member BROWN for ple of how the corrections day process really is not just an inconvenience on moving this bill quickly through the Science works to correct outdated regulations those folks who are trying to bid on Committee. that place financial burdens on many Federal projects, but it is an inconven- Most of all, I'd like to thank my good friend, industries in the United States. ience and a mandate on those folks the chairman of the Republican Policy Com- I would like to thank the members of that really causes an increase in cost mittee, Mr. COX, for all his hard work on this the Corrections Day Advisory Group. I to the ultimate consumer, which is the legislation. When the gentleman from Califor- also want to recognize Chairman taxpayer. nia learned about the thousands of American WALKER, Mr. COX, and the Science Mr. Speaker, I rise in support of this jobs that could be lost, and the millions of tax Committee for the expedient and hard bill, and I ask its passage. dollars that would be wasted pursuing a hard work they did to get this bill to the b 1115 metric standard, he responded by crafting this floor. I am hopeful that the Senate will commonsense, bipartisan piece of legislation. recognize the need for quick action and Ms. MCCARTHY. Mr. Speaker, I yield Mr. Speaker, as part of the Metric Conver- send this bill to the President without myself such time as I may consume. sion Act of 1975, the Congress required each delay. Mr. Speaker, I would like to com- Federal agency to ``use the metric system of Mrs. MORELLA. Mr. Speaker, I yield mend the gentleman from California measurement in its procurements, grants, and 2 minutes to the gentleman from Cali- [Mr. COX] for this support of the metric other business related activities'' but with the fornia [Mr. CALVERT], who is the vice system, and again all who worked on important exception of not mandating its use chair of the Subcommittee on Tech- the Committee on Science and various when ``such use is impractical or is likely to nology of the Committee on Science. agencies, for coming together in this cause significant inefficiencies or loss of mar- Mr. CALVERT. Mr. Speaker, I would bipartisan effort. kets to United States firms.'' Thus, under this like to thank my good friend, CHRIS As the gentleman from Michigan [Mr. law, it seems clear that Federal agencies COX, for his foresight and hard work on EHLERS], a member of our Committee should seek to use a soft metric standardÐfor this important piece of legislation. In on Science, so eloquently pointed out example, requiring that building materials be addition, I would also thank sub- during our committee deliberations on measured in metric units. This is certainly a committee Chair MORELLA for shep- this bill, our Nation’s failure to adopt reasonable policy. herding this bill through the Science the metric system of measurement in a However, a number of Federal agencies Committee. timely manner has cost United States have exceeded the intent of the Metric Con- In many cases hard metric conver- companies millions of dollars in lost version Act and are now seeking to apply a sion requires plants to retool their fa- trade opportunities. This situation is universal hard metric standard to purchases of cilities to produce a product that is in ongoing and it has the potential to get certain construction materials by the Federal no way improved. It is merely a slight- worse. Government. A hard metric standard stipulates ly different dimension. We need to work together for effec- that not only must materials be measured in In the construction industry, vir- tive metric conversion to close the the metric system, but that they must also be tually no domestic U.S. manufacturers trade imbalance that now exists. We manufactured in round metric dimensions. In produce hard metric products. can increasingly expect our trading many cases, this would require plants manu- Only Canadian and other foreign partners to require American exports facturing construction materials to completely firms have the production capacity to to their countries to be designed and retool their production facilities, and rework produce sufficient hard metric prod- manufactured using the internation- their product line to produce a product with ucts. ally accepted metric system of meas- H.R. 2779 would put teeth into the slightly different dimensions. urement. This expensive process would satisfy only Metric Conversion Act’s impractical, H.R. 2779 exempts small companies the needs and desires of a few Government inefficient, loss of markets limitation from metric usage, and this approach is bureaucrats, not the demands of the free mar- by providing a mechanism by which a just one possible solution to the one ket. Since Federal contracts account for only soft metric standard could be sub- that represents a can’t-do rather than about 5 percent of the construction industry, stituted when problems arise. a can-do attitude. With more time, we It does not seek to prevent a metric only the biggest firms will go to the expense could look for ways to solve problems conversion for Federal projects. This of retooling. This would effectively eliminate while advancing the cause of bill clarifies the law to more closely hundreds of American small businesses from metrication. We need to continue to pursue its intent, providing for the competition for Federal contracts. The exclu- work together to help small businesses most efficient and least costly conver- sion of these small businesses from the mar- to participate in international trade. sion possible. ket will result in less competition, fewer bids H.R. 2779 has broad bipartisan sup- Mr. Speaker, perhaps the Senate will on contracts, and greater costs to the Amer- have the time to make a conscious ef- port. Vice President GORE’s National ican taxpayer. What's worse, in seeking to Performance Review recommended fort to improve our work on this bill. apply a hard metric standard, some Federal that Federal agencies avoid Govern- Then we will be able to feel com- agencies are ignoring the direct warning of the ment-unique products and require- fortable that the entire Congress did Metric Act not to do so in cases where it ments due to excessive expense and its best to meet the long-term needs of would be impractical, inefficient, or result in a delays. the companies we are trying to help. I potential loss of markets. H.R. 2779 will do just that. It will urge support of this measure. Mr. Speaker, through the corrections proc- eliminate the burdensome hard metric Mr. Speaker, I yield back the balance ess, H.R. 2779 addresses this problem by tak- requirement in Federal construction. of my time. ing the existing metric law and giving it teeth. This alone will reduce Federal con- Mrs. MORELLA. Mr. Speaker, I yield It requires the Government to use common struction costs by 15 to 20 percent. myself 1 minute. sense in its purchasing decisions, and allows I urge my colleagues to support this Mr. Speaker, I simply want to com- the free market to play a bigger role. It will important bipartisan proposal. mend the gentleman from California prevent Federal bureaucrats from arbitrarily Mrs. MORELLA. Mr. Speaker, I yield [Mr. COX] for authoring this bill, and imposing a hard metric requirement for Fed- 1 minute to the distinguished gen- the Subcommittee on Technology for eral contracts on key industries providing con- tleman from Georgia [Mr. CHAMBLISS]. working in such a bipartisan manner, struction materials for Federal construction Mr. CHAMBLISS. Mr. Speaker, I ap- the full Committee on Science, the cor- projects. It also creates the position of metric preciate the recognition by the gentle- rections committee, and urge my col- ombudsman, who will make decisions regard- woman from Maryland and I particu- leagues to support a good bipartisan ing future metric implementation using some larly appreciate the gentleman from bill that is certainly going to assist a basis commonsense standards: the availability California who introduced this bill. I number of the companies in our great of hard metric products, the impact on Amer- was very proud to cosponsor it. country. ican jobs, the competitiveness of American Mr. Speaker, this is another of the Mr. HASTERT. Mr. Speaker, I rise today in firms, and the cost to the United States tax- commonsense reforms that this Con- strong support of H.R. 2779, the Savings in payer. H8116 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Mr. Speaker, I strongly urge my colleagues hope the Senate will take a closer look than The SPEAKER pro tempore. Is there on both sides of the aisle to support this com- we were able to do at alternative ways to help objection to the request of the gentle- monsense legislation. By passing H.R. 2779, block manufacturers and at setting appropriate woman from Maryland? Congress can act to enhance the competitive- limits on the duration of this exemption. There was no objection. ness of American industry, protect small busi- Our solution for lighting industry metrication f nesses, save thousands of union jobs from problems may turn out to be more appropriate. foreign competition, and save the American Our lighting industry is positioned to begin ANNOUNCEMENT BY THE SPEAKER taxpayer money. I urge my colleagues to sup- manufacturing metric lighting products; a num- PRO TEMPORE port this bipartisan bill. I yield back the bal- ber of the affected companies already have is- The SPEAKER pro tempore. Pursu- ance of my time. sued metric lighting catalogs. H.R. 2779, ant to the provisions of clause 5 of rule Mr. BROWN of California. Mr. Speaker, I through its lighting standards trigger, will allow I, the Chair announces that he will rise with mixed emotions on the bill H.R. 2779, the exemption to be ignored when the reason postpone further proceedings today on the Savings in Construction Act. While I be- for it no longer exists. each motion to suspend the rules on lieve that the Science Committee's actions The ombudsman concept is a dramatic im- which a recorded vote or the yeas and have improved H.R. 2779 substantially, I re- provement over the procurement bureaucracy nays are ordered, or on which the vote gret that we did not use this legislation to de- contained in section 4 of the introduced ver- is objected to under clause 4 of rule velop a more imaginative approach to meas- sion of H.R. 2779, but the jury is still out on XV. urement policy questions. whether it is really necessary. The Govern- Such rollcall votes, if postponed, will At the outset, I also want to make sure our ment has built a dozen major buildings using be taken after debate has concluded on colleague from Tennessee, Mr. TANNER re- metric measurement and only two industries all motions to suspend the rules. ceives credit for the pivotal role he played in have not been willing to go along. One would f the improvements in H.R. 2779. His March 5 think if metric were a problem for other build- letter to Under Secretary of Commerce Mary ing subcontractors that the problem would NATO ENLARGEMENT Good, which was co-signed by most of the have arisen by now. FACILITATION ACT OF 1996 other committee Democrats, began the chain The busiest time for the metric ombudsmen Mr. GILMAN. Mr. Speaker, I move to of events which has permitted this bill to move will probably be at the time of enactment when suspend the rules and pass the bill forward. The end results of his efforts are a agencies must figure out what to do with the (H.R. 3564) to amend the NATO Partici- more favorable atmosphere within the admin- hundreds of metric-dimensioned construction pation Act of 1994 to expedite the tran- istration for the concrete block and recessed projects which are in various stages of design sition to full membership in the North lighting industries and the improved legislative and construction. H.R. 2779's silence on this Atlantic Treaty Organization of emerg- language now before us. This bill is no longer point is likely to lead to problems of interpreta- ing democracies in Central and Eastern harmful to the Federal procurement process, tion. I urge the Senate to come up with a set Europe, as amended. and its potential damage to our national policy of principles to cover ongoing projects and The Clerk read as follows: of metric conversion has been limited. urge the ombudsmen to use common sense in H.R. 3564 H.R. 2779, as reported, does a credible job these cases. in solving $10,000 problems of a number of In summary, my desire to see the concrete Be it enacted by the Senate and House of Rep- small businesses, but it lets a billion dollar na- masonry industry get relief leads me not to op- resentatives of the United States of America in Congress assembled, tional problem fester. As Congressman pose this bill, but I regret that we did not have SECTION 1. SHORT TITLE. EHLERS so eloquently pointed out during more time to perfect our work product. Per- This Act may be cited as the ‘‘NATO En- Science Committee deliberations on this bill, haps the Senate will have the time to make a largement Facilitation Act of 1996’’. conscious effort to improve the bill. Then we our Nation's failure to adopt the metric system SEC. 2. FINDINGS. of measurement in a timely manner has cost will be able to feel comfortable that the entire The Congress makes the following findings: U.S. companies billions of dollars in lost trade Congress did its best to meet the long-term (1) Since 1949, the North Atlantic Treaty opportunities. This situation is ongoing and needs of the companies we are all trying to Organization (NATO) has played an essential has the potential to get worse. The United help. role in guaranteeing the security, freedom, States is the only industrialized nation to hold Mrs. MORELLA. Mr. Speaker, I yield and prosperity of the United States and its onto the English system of measurement. We back the balance of my time. partners in the Alliance. can increasingly expect our trading partners to The SPEAKER pro tempore (Mr. (2) The NATO Alliance is, and has been require American exports to their countries to HAYWORTH). Pursuant to the rule, the since its inception, purely defensive in char- acter, and it poses no threat to any nation. be designed and manufactured using the inter- previous question is ordered on the committee amendment in the nature of The enlargement of the NATO Alliance to in- nationally accepted metric system of measure- clude as full and equal members emerging ment. If, as in this bill, we restate English a substitute and on the bill. democracies in Central and Eastern Europe measurements in metric terms rather than ac- The question is on the committee will serve to reinforce stability and security tually design and measure in metric, we will amendment in the nature of a sub- in Europe by fostering their integration into not fool anyone. American companies that are stitute. the structures which have created and sus- The committee amendment in the unwilling or unable to manufacture in rational tained peace in Europe since 1945. Their ad- nature of a substitute was agreed to. mission to NATO will not threaten any na- metric units will lose out to foreign companies The SPEAKER pro tempore. The tion. America’s security, freedom, and pros- that will. question is on the engrossment and perity remain linked to the security of the The case was made in our hearings on H.R. third reading of the bill. countries of Europe. 2779 that some block manufacturers have dif- The bill was ordered to be engrossed (3) The sustained commitment of the mem- ficulty bidding on construction projects which and read a third time, and was read the ber countries of NATO to a mutual defense has made possible the democratic trans- require their products to be dimensioned in ra- third time. tional metric. However, exempting these com- formation of Central and Eastern Europe. The SPEAKER pro tempore. The Members of the Alliance can and should play panies from metric usage is just one possible question is on the passage of the bill. solution and one that represents a ``can't do'' a critical role in addressing the security The question was taken; and (three- challenges of the post-Cold War era and in rather than a ``can do'' attitude. With more fifths having voted in favor thereof) creating the stable environment needed for time, we could have looked for ways to solve the bill was passed. those emerging democracies in Central and the block manufacturers problems while ad- A motion to reconsider was laid on Eastern Europe to successfully complete po- vancing the cause of metrication. We could the table. litical and economic transformation. have made sure that metric block molds are f (4) The United States continues to regard an allowable expense under Federal construc- the political independence and territorial in- tion contracts. We could have funded research GENERAL LEAVE tegrity of all emerging democracies in in the design of adjustable molds which could Mrs. MORELLA. Mr. Speaker, I ask Central and Eastern Europe as vital to Euro- unanimous consent that all Members pean peace and security. be used for making both metric and English- (5) NATO has enlarged its membership on 3 dimensioned block. As a minimum, we could may have 5 legislative days within different occasions since 1949. have limited the duration of the metric block which to revise and extend their re- (6) Congress has sought to facilitate the exemption and committed to finding a better marks and include extraneous material further enlargement of NATO at an early solution to this problem during that time. I on H.R. 2779. date by enacting the NATO Participation July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8117 Act of 1994 (title II of Public Law 103–447; 22 Nations, the Universal Declaration of Human venia, Bulgaria, Romania, Albania, Moldova, U.S.C. 1928 note) and the NATO Participa- Rights, and the Helsinki Final Act. and Ukraine— tion Act Amendments of 1995 (section 585 of (16) A number of Central and Eastern Euro- (1) the United States should continue to Public Law 104–107). pean countries have expressed interest in support the full and active participation of (7) The Partnership for Peace, created in NATO membership, and have taken concrete these countries in activities appropriate for 1994 under American leadership, has fostered steps to demonstrate this commitment; in- qualifying for NATO membership; cooperation between NATO and the coun- cluding their participation in Partnership (2) the United States Government should tries of Central and Eastern Europe, and of- for Peace activities. continue to use all diplomatic means avail- fers a path to future membership in the Alli- (17) Democratic civilian control of defense able to press the European Union to admit as ance and a permanent security relationship forces is an essential element in the process soon as possible any country which qualifies between participants in the Partnership for of preparation for those states interested in for membership; and Peace and members of NATO. possible NATO membership. (3) the United States Government and the (8) As new members of NATO assume the (18) The security and economic stability of North Atlantic Treaty Organization should responsibilities of Alliance membership, the the Caucasus region is important to the continue to support military exercises and costs of maintaining stability in Europe will United States, and the countries of the peacekeeping initiatives between and among be shared more widely. The concurrent as- Caucasus region should not be precluded these nations and members of the North At- sumption of greater responsibility and devel- from future membership in NATO. The Unit- lantic Treaty Organization. opment of greater capabilities by the Euro- ed States should continue to promote poli- SEC. 5. SENSE OF THE CONGRESS REGARDING pean members of NATO in pursuit of a Euro- cies that encourage economic and fiscal re- ESTONIA, LATVIA, AND LITHUANIA. pean security and defense identity will fur- forms, private sector growth, and political In view of the forcible incorporation of Es- ther reinforce burdensharing. Facilitation of reforms in the Caucasus region. tonia, Latvia, and Lithuania into the Soviet the enlargement process will require current (19) In recognition that not all countries Union in 1940 under the Molotov-Ribbentrop members of NATO, and the United States in which have requested membership in NATO Pact and the refusal of the United States and particular, to demonstrate the political will will necessarily qualify at the same pace, the other countries to recognize that incorpora- needed to build on successful ongoing pro- accession date for each new member may tion for over 50 years, it is the sense of the grams such as the Warsaw Initiative and the vary. Congress that— Partnership for Peace by making available (20) The process of NATO enlargement en- (1) Estonia, Latvia, and Lithuania have the resources necessary to supplement ef- tails the consensus agreement of the govern- valid historical security concerns that must forts prospective new members are them- ments of all 16 NATO members and ratifica- be taken into account by the United States; selves undertaking. tion in accordance with their constitutional and (9) New members will be full members of procedures. (2) Estonia, Latvia, and Lithuania should the Alliance, enjoying all rights and assum- (21) The provision of additional NATO not be disadvantaged in seeking to join ing all the obligations under the Washington transition assistance should include those Treaty. NATO by virtue of their forcible incorpora- emerging democracies most ready for closer tion into the Soviet Union. (10) In order to assist emerging democ- ties with NATO and should be designed to as- racies in Central and Eastern Europe that SEC. 6. DESIGNATION OF COUNTRIES ELIGIBLE sist other countries meeting specified cri- have expressed interest in joining NATO to FOR NATO ENLARGEMENT ASSIST- teria of eligibility to move forward toward be prepared to assume the responsibilities of ANCE. eventual NATO membership. NATO membership, the United States should (a) IN GENERAL.—The following countries (22) Lasting security and stability in Eu- encourage and support efforts by such coun- are designated as eligible to receive assist- rope requires not only the military integra- tries to develop force structures and force ance under the program established under tion of emerging democracies of Central and modernization priorities that will enable section 203(a) of the NATO Participation Act Eastern Europe into existing European such countries to contribute to the full of 1994 and shall be deemed to have been so structures, but also the eventual economic range of NATO missions, including, most im- designated pursuant to section 203(d) of such and political integration of these countries portantly, territorial defense of the Alliance. Act: Poland, Hungary, and the Czech Repub- (11) Cooperative regional peacekeeping ini- into existing European structures. lic. tiatives involving emerging democracies in (23) The Congress of the United States (b) AUTHORITY TO DESIGNATE OTHER COUN- Central and Eastern Europe that have ex- finds that Poland, Hungary, and the Czech TRIES NOT PRECLUDED.—The process of en- pressed interest in joining NATO, such as the Republic have made the most progress to- larging NATO to include emerging democ- Baltic Peacekeeping Battalion, the Polish- ward achieving the stated criteria and racies in Central and Eastern Europe should Lithuanian Joint Peacekeeping Force, and should be eligible for the additional assist- not stop with the admission of Poland, Hun- the Polish-Ukrainian Peacekeeping Force, ance described in this bill. gary, and the Czech Republic as full mem- can make an important contribution to Eu- (24) The evaluation of future membership bers of the NATO Alliance. Accordingly, the ropean peace and security and international in NATO for emerging democracies in designation of countries pursuant to sub- peacekeeping efforts, can assist those coun- Central and Eastern Europe should be based section (a) shall not be deemed to preclude tries preparing to assume the responsibilities on the progress of those nations in meeting the designation by the President of other of possible NATO membership, and accord- criteria for NATO membership, which re- Central and Eastern European countries pur- ingly should receive appropriate support quire enhancement of NATO’s security and suant to section 203(d) of the NATO Partici- from the United States. the approval of all NATO members. pation Act of 1994 as eligible to receive as- (12) NATO remains the only multilateral SEC. 3. UNITED STATES POLICY. sistance under the program established security organization capable of conducting It should be the policy of the United under section 203(a) of such Act. effective military operations and preserving States— SEC. 7. AUTHORIZATION OF APPROPRIATIONS security and stability of the Euro-Atlantic (1) to join with the NATO allies of the FOR NATO ENLARGEMENT ASSIST- region. United States to adapt the role of the NATO ANCE. (13) NATO is an important diplomatic Alliance to the post-Cold War world; (a) IN GENERAL.—There are authorized to forum and has played a positive role in de- (2) to actively assist the emerging democ- be appropriated $60,000,000 for fiscal year 1997 fusing tensions between members of the Alli- racies in Central and Eastern Europe in their for the program established under section ance and, as a result, no military action has transition so that such countries may even- 203(a) of the NATO Participation Act of 1994. occurred between two Alliance member tually qualify for NATO membership; (b) AVAILABILITY.—Of the funds authorized states since the inception of NATO in 1949. (3) to ensure that all countries in Central to be appropriated by subsection (a)— (14) The process of enlarging NATO to in- and Eastern Europe are fully aware of the (1) not less than $20,000,000 shall be avail- clude emerging democracies in Central and costs and responsibilities of NATO member- able for the subsidy cost, as defined in sec- Eastern Europe should be a continuing proc- ship, including the obligation set forth in Ar- tion 502(5) of the Credit Reform Act of 1990, ess and progress toward the admission of ad- ticle X of the North Atlantic Treaty that of direct loans pursuant to the authority of ditional emerging democracies in Central new members be able to contribute to the se- section 203(c)(4) of the NATO Participation and Eastern Europe will depend on the de- curity of the North Atlantic area, and fur- Act of 1994 (relating to the ‘‘Foreign Military gree to which these countries meet the cri- ther to ensure that all countries admitted to Financing Program’’); teria set forth in section 203(d)(3) of the NATO are capable of assuming those costs (2) not less than $30,000,000 shall be avail- NATO Participation Act of 1994. and responsibilities; and able for assistance on a grant basis pursuant (15) Protection and promotion of fun- (4) to work to define a constructive and co- to the authority of section 203(c)(4) of the damental freedoms and human rights is an operative political and security relationship NATO Participation Act of 1994 (relating to integral aspect of genuine security, and in between an enlarged NATO and the Russian the ‘‘Foreign Military Financing Program’’); evaluating requests for membership in Federation. and NATO, the human rights records of the SEC. 4. SENSE OF THE CONGRESS REGARDING (3) not more than $10,000,000 shall be avail- emerging democracies in Central and East- FURTHER ENLARGEMENT OF NATO. able for assistance pursuant to the authority ern Europe should be evaluated in light of It is the sense of the Congress that in order of section 203(c)(3) of the NATO Participa- the obligations and commitments of these to promote economic stability and security tion Act of 1994 (relating to international countries under the Charter of the United in Slovakia, Estonia, Latvia, Lithuania, Slo- military education and training). H8118 CONGRESSIONAL RECORD — HOUSE July 23, 1996

(c) RULE OF CONSTRUCTION.—Amounts au- New York [Mr. GILMAN] and the gen- alliance. In light of the revisions to that Act thorized to be appropriated under this sec- tleman from Indiana [Mr. HAMILTON] made by section 585 of Public Law 104–107, as tion are authorized to be appropriated in ad- will each be recognized for 20 minutes. well as section 585’s call on you to designate dition to such amounts as otherwise may be The Chair recognizes the gentleman the first countries eligible to receive assist- available for such purposes. ance under the Act, I urge you to move from New York [Mr. GILMAN]. SEC. 8. REGIONAL AIRSPACE INITIATIVE AND quickly to designate Central and Eastern Eu- PARTNERSHIP FOR PEACE INFOR- (Mr. GILMAN asked and was given ropean countries to receive assistance under MATION MANAGEMENT SYSTEM. permission to revise and extend his re- the Act. In particular, I urge that Poland, (a) IN GENERAL.—Funds described in sub- marks and include extraneous mate- Hungary, and the Czech Republic be so des- section (b) are authorized to be made avail- rials.) ignated. able to support the implementation of the Mr. GILMAN. Mr. Speaker, I yield Prompt designation by you of, at a mini- Regional Airspace Initiative and the Part- myself such time as I may consume. mum, Poland, Hungary, and the Czech Re- nership for Peace Information Management public as eligible countries will send a pow- System, including— Mr. Speaker, I am pleased to bring erful signal to these countries of the deter- (1) the procurement of items in support of before the House H.R. 3564, the NATO mination of both the Congress and your Ad- these programs; and Enlargement Facilitation Act. ministration to expand NATO at an early (2) the transfer of such items to countries Almost 7 years have passed since the date. It also will permit you to begin provid- participating in these programs, which may revolutions of 1989 swept communism ing additional forms of assistance to facili- include Poland, Hungary, the Czech Repub- from most of Central and Eastern Eu- tate the transition of these countries to full lic, Slovakia, Estonia, Latvia, Lithuania, rope. Since that date, the emerging de- NATO membership. Romania, Slovenia, Albania, Ukraine, and I am convinced that the United States can Bulgaria. mocracies of that region have waited no longer afford to delay deciding which (b) FUNDS DESCRIBED.—Funds described in patiently to be invited into Western Central and Eastern European countries will this subsection are funds that are available— political, economic and security struc- be the first admitted to NATO. We are al- (1) during any fiscal year under the NATO tures. ready to the point where some are beginning Participation Act of 1994 with respect to This bill stands for the proposition to ask not whether it is too early to expand countries eligible for assistance under that that neither we nor the emerging de- NATO, but rather whether it is too late. Fur- Act; or mocracies of Central and Eastern Eu- ther delay can only heighten the risk that (2) during fiscal year 1997 under any Act to rope can afford to wait any longer. the countries of Central and Eastern Europe carry out the Warsaw Initiative. Only by taking this step now can we will feel abandoned by the West and will con- SEC. 9. EXCESS DEFENSE ARTICLES. sider departing from the path of reform on (a) PRIORITY DELIVERY.—Notwithstanding ensure that the democratic gains of the which they embarked in 1989. any other provision of law, the delivery of last 7 year are not going to be reversed. With best wishes, excess defense articles under the authority After today’s vote, it is hoped that Sincerely, of section 203(c) (1) and (2) of the NATO Par- we will never hear again that the Con- BENJAMIN A. GILMAN, ticipation Act of 1994 and section 516 of the gress does not support NATO enlarge- Chairman. Foreign Assistance Act of 1961 shall be given ment. We will support it. Indeed, for priority to the maximum extent feasible more than 2 years now, we have been THE WHITE HOUSE, over the delivery of such excess defense arti- Washington, DC, May 9, 1996. cles to all other countries except those coun- criticizing the administration for mov- Hon. BENJAMIN A. GILMAN, tries referred to in section 541 of the Foreign ing too slowly to enlarge NATO. House of Representatives, Operations, Export Financing, and Related On February 20 of this year, I wrote Washington, DC. Programs Appropriations Act, 1995 (Public to the President urging him to imple- DEAR MR. CHAIRMAN: Thank you for your Law 103–306; 108 Stat. 1640). ment the NATO Participation Act letter on the admission of new members to (b) COOPERATIVE REGIONAL PEACEKEEPING which we enacted into law almost 2 NATO. I am aware of your considerable ef- INITIATIVES.—The Congress encourages the years ago, and I recommended in par- forts in support of NATO enlargement, in- President to provide excess defense articles cluding co-authorship of the NATO Partici- and other appropriate assistance to coopera- ticular the designation of Poland, Hun- pation Act, and I value your views on how to tive regional peacekeeping initiatives in- gary, and the Czech Republic as the achieve our mutual goal. I have made this volving emerging democracies in Central and first countries eligible to receive as- one of my top foreign policy priorities and Eastern Europe that have expressed an inter- sistance under that act. Earlier this will ensure that it remains at the top of est in joining NATO in order to enhance year, the President rejected our rec- NATO’s agenda. As a result of U.S. leader- their ability to contribute to European peace ommendations. ship, NATO’s enlargement is in progress and and security and international peacekeeping Mr. Speaker, I include for the will happen. efforts. At my initiative, NATO began a process in RECORD my exchange of correspondence SEC. 10. MODERNIZATION OF DEFENSE CAPABIL- January 1994 that will result in the admis- ITY. with the President: sion of new members to the Alliance. By tak- The Congress endorses efforts by the Unit- COMMITTEE ON INTERNATIONAL RE- ing in new members from among Europe’s ed States to modernize the defense capabil- LATIONS, HOUSE OF REPRESENTA- new democracies, NATO can help lock in the ity of Poland, Hungary, the Czech Republic, TIVES, very substantial progress that has been made and any other countries designed by the Washington, DC, February 20, 1996. there in instituting democratic and market President pursuant to section 203(d) of the The PRESIDENT, economic reforms. Enlargement will serve to NATO Participation Act of 1994, by exploring The White House, erase the illegitimate lines of the Cold War with such countries options for the sale or Washington, DC. and provide the security underpinning for a lease to such countries of weapons systems DEAR MR. PRESIDENT: On February 12th, growing, undivided transatlantic commu- compatible with those used by NATO mem- you signed into law Public Law 104–107, the nity. bers, including air defense systems, advanced Foreign Operations, Export Financing, and We have already made solid, steady fighter aircraft, and telecommunications in- Related Programs Appropriations Act for progress, at a pace that reflects the many frastructure. Fiscal Year 1996. Section 585 of this law substantial security commitments and prac- SEC. 11. TERMINATION OF ELIGIBILITY. amends the NATO Participation Act of 1994 tical preparations necessary to admit new (a) TERMINATION OF ELIGIBILITY.—The eligi- (title II of Public Law 103–447) to facilitate members to the Alliance. Last fall, NATO bility of a country designated pursuant to use by you of the authorities provided by the completed its study on the mechanisms and section 6(a) or pursuant to section 203(d) of NATO Participation Act to assist the transi- rationale of enlargement and presented the the NATO Participation Act of 1994 may be tion to full NATO membership of certain results to our partners in Central Europe and terminated upon determination by the Presi- Central and Easter European countries the New Independent States. In December, dent that such country no longer meets the emerging from communist domination. NATO agreed to move into a second phase of criteria set forth in section 203(d)(3) of the In addition, section 585 expresses the sense the process consisting of intensified prepara- NATO Participation Act of 1994. of the Congress that, within 60 days of enact- tions by both NATO and aspiring members. (b) NOTIFICATION.—At least 15 days before ment, you should designate the first Central Practically, this means detailed, individual terminating the eligibility of any country and Eastern European countries eligible to consultations between NATO and self-identi- pursuant to subsection (a), the President receive transition assistance under the fied candidates and an enhanced program of shall notify the congressional committees NATO Participation Act. preparatory activities, conducted nationally specified in section 634A of the Foreign As- As the principal author of the NATO Par- and through the Partnership for Peace. Elev- sistance Act of 1961 in accordance with the ticipation Act, I have been disappointed by en partners, (Albania, Bulgaria, the Czech procedures applicable to reprogramming no- the fact that, over fifteen months after the Republic, Estonia, Hungary, Latvia, Lithua- tifications under that section. enactment of that Act, the Administration nia, Poland, Romania, Slovakia, Slovenia) The SPEAKER pro tempore. Pursu- has yet to utilize the authority provided by have thus far asked to participate in this ant to the rule, the gentleman from the Act to expedite expansion of the NATO phase. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8119 Allies have agreed that NATO enlarge- progress toward enlargement and in no way or NATO policy by stating that any ment’s second phase will run through 1996 feel ‘‘abandoned by the West’’ or are consid- specific country should be admitted to and that our Foreign Ministers will address ering ‘‘departing from the path of reform,’’ NATO; it establishes no date certain next steps at the North Atlantic Council in as you suggest. On the contrary, they are ac- for the entry of new members into December. I agree that we must maintain tively and enthusiastically engaged in the the momentum of the NATO enlargement second phase of the enlargement process, NATO. process. It is my objective that, as Secretary which, as I noted earlier, will culminate in This bill is a distinct improvement Christopher recently told his Central Euro- decisions by NATO Foreign Ministers in De- over H.R. 7, considered by the House in pean counterparts, NATO will move to great- cember on important next steps in the proc- early 1995, as well as other efforts to er specificity on the question of enlarge- ess. dictate the nature and the timetable of ment’s ‘‘who and when’’ at the December My Administration is committed to con- NATO enlargement. meeting and its immediate follow-on. tinued close cooperation with you. I welcome There is some common ground be- As NATO moves ahead, my Administration your efforts to build bipartisan Congres- tween the administration and the spon- is pursuing a comprehensive strategy to en- sional support both for the continuing en- sors of this bill. sure that enlargement succeeds. The first gagement of the United States in Europe and The administration agrees that Po- element for success lies in building and for this Administration’s commitment to land, Hungary, and the Czech Republic maintaining a durable Allied consensus in bringing new members into the Alliance. support of enlargement. Admission of any Secretary Christopher echoed my own senti- have made more progress than others new member to NATO, precisely because of ments when he said in Prague that we are toward NATO membership. the seriousness of the security commitments determined to keep faith with the nations of The administration supports the au- involved, must have the full support of all of this region and to open the door that Stalin thorization of military assistance to its current members. We must be careful shut when he said no to the Marshall Plan. help these countries prepare for NATO that actions we undertake in support of the No European nation should ever again be membership. enlargement process do not have the inad- forced to occupy a buffer zone between great The only differences are technical. vertent effect of undermining Allied consen- powers or be abandoned to the sphere of in- The administration opposes earmark- sus and thereby slowing progress. fluence of another. A second element needed for success is to ing assistance for these countries We look forward to working you on this through the NATO Participation Act, place NATO enlargement in the context of a historic task. broad, balanced and integrated approach to Sincerely, which undercuts flexibility in the use increasing stability and security throughout BILL CLINTON. of assistance funds intended for a wider the transatlantic area by building a coopera- range of Partnership for Peace coun- It was only after I received this let- tive security structure in Europe. This in- tries. cludes a revitalized NATO, support for en- ter from the President that I intro- I intend to vote for this bill for three largement of the European Union, strength- duced the measure that is before us reasons. ening the OSCE and enhanced cooperation today. This measure finally imple- First, this bill supports current U.S. with other states not immediately aspiring ments the NATO Participation Act, to NATO membership or who may not be in policy: enlarging NATO will help inte- and I am gratified that the administra- grate the democratic nations of the initial group of states invited to begin tion has, upon careful reflection, de- accession talks with the Alliance. It also in- Central and Eastern Europe into the cludes a strong and productive relationship cided not to oppose this legislation. I Western family of nations. between the Alliance and Russia, given the continue to believe, however, that en- Second, this bill highlights that key role Russia can play in shaping a stable actment of this legislation is essential NATO enlargement is a gradual and de- and secure Europe. if we wish to keep the pressure on the liberate process. That process will A third element critical for success is en- administration for prompt NATO en- evolve over several months and years: couraging prospective members to prepare largement. A NATO meeting in December 1996, will seriously for the full range of military and Accordingly, I urge my colleagues to prepare the way for a NATO summit in political responsibilities they will need to vote for H.R. 3564. assume if and when they become members. 1997, at which certain countries will be Aspiring Allies need adequate time to pre- Mr. Speaker, I reserve the balance of named and accession talks begin; ac- pare for these obligations. NATO, too, faces my time. cession talks will likely take a year or a major task in preparing itself for enlarge- Mr. HAMILTON. Mr. Speaker, I yield two; and NATO governments must then ment. We have already begun a comprehen- myself such time as I may consume, approve, by consensus, the accession sive review of the internal adjustments and I rise in support of H.R. 3564. agreements; all 16 NATO governments NATO must make to admit new Allies. Mr. Speaker, I commend Chairman must then ratify those agreements, To their credit, partners have not waited GILMAN for his leadership in bringing which will require parliamentary ap- to be ‘‘designated’’ as eligible for member- this bill to the House floor. ship before undertaking the basic reforms proval. and preparations we have made clear they This bill helps us to begin the debate So, as a practical matter, the actual must pursue. The prospect of NATO member- on what will become one of the most enlargement of NATO is several years ship has proven to be a most powerful incen- important foreign policy issues facing down the road. That is the prudent tive for both domestic reform and the resolu- the United States—the question of course. tion of ethnic and territorial conflict. Your NATO enlargement. Are we prepared to Third, this bill contains several im- legislation specifically urges me to designate commit American lives and treasure to portant findings on NATO enlarge- Poland, the Czech Republic and Hungary as defend new NATO countries? I am im- ment: It states that NATO membership eligible for assistance under the NATO Par- pressed with how casually we are con- is not a free ride; that prospective ticipation Act. These countries are indeed making substantial progress and I agree they sidering this issue. I am afraid that members must be able to contribute to will be strong candidates for early NATO this bill is driven by domestic politics the security of the North Atlantic area membership when the Alliance decides to more than it should be. and assume the costs and responsibil- move forward. At this stage, however, writ- But, I appreciate Chairman GILMAN’s ities of NATO membership; it sets out ing into law a narrow list of countries eligi- efforts to put this important issue be- that enlargements will require agree- ble for special assistance could reduce our fore us. ment of all 16 NATO states; it notes the ability to work with other emerging democ- At the outset I want to make clear important role of Partnership for racies that are also making significant what this bill does and does not do. Peace in the enlargement process and progress but may not be immediately eligi- ble for assistance under the NATO Participa- This bill takes two basic steps: It in fostering cooperation between NATO tion Act. finds that three countries—Poland, and the states of Central Europe; and it I firmly believe that my comprehensive Hungary, and the Czech Republic—have states that lasting security and stabil- strategy is the best means for carrying made the most progress toward achiev- ity in Europe requires not just military NATO’s enlargement process through to a ing the criteria of NATO membership; steps but economic and political inte- successful conclusion. Proof that it is work- and makes these three countries eligi- gration, especially the integration of ing can be seen in the significant improve- ble for up to $60 million in military as- Central and East Europe into the Euro- ment in the ability of some partner forces to sistance—grants, loans, and training— undertake joint missions with NATO, includ- pean Union. ing in IFOR. Our clear sense is that the elev- to help them in the enlargement proc- I intend to vote for this bill, but I en partners participating in the second phase ess. have many questions about NATO en- of the enlargement process understand and Just as significant is what this bill largement, and I want to state them support our policy of steady, deliberate does not do: It does not prejudice U.S. briefly: H8120 CONGRESSIONAL RECORD — HOUSE July 23, 1996 I have no doubt that NATO enlarge- I support the bill. Second, this legislation does not es- ment will advance the interests of Po- Mr. Speaker, I reserve the balance of tablish new ideological or strategic land, Hungary, and the Czech Republic, my time. lines or boundaries across Europe. The but how will it advance United States Mr. GILMAN. Mr. Speaker, I want to nations of Eastern and Central Europe, interests? thank the gentleman from Indiana [Mr. particularly those which are not cited Why is NATO enlargement necessary, HAMILTON], the ranking minority mem- in the first tier of eligibility, are un- when the threat to peace and security ber, for his supporting arguments on derstandably worried that they would in Central and Eastern Europe has behalf of the bill. have the option of NATO membership never been less? Mr. Speaker, I yield 5 minutes to the permanently closed to them. Some na- Will NATO enlargement increase sta- gentleman from Nebraska [Mr. BEREU- tions fear that they will be caught on bility and security if NATO admits TER], the distinguished chairman of the the wrong side of a new Iron Curtain, some countries—but not others coun- Subcommittee on Asia and the Pacific forever excluded from the closer co- tries—in Central and Eastern Europe? of our Committee on International Re- operation with the West. Or does it risk new lines of confronta- lations. H.R. 3564 does not set those rigid tion in Europe, especially if Russia be- (Mr. BEREUTER asked and was boundaries. The lessons of Yalta must lieves that NATO enlargement is a new given permission to revise and extend not be forgotten. We fully recognize policy of containment? his remarks.) that NATO is likely to continue to en- Are the American people prepared to Mr. BEREUTER. Mr. Speaker, as large in the future, but only when as- undertake the financial and security original cosponsor of this legislation, piring members are able to fulfill the obligations that NATO enlargement and as a leader of this body’s delega- conditions of membership and capable will entail? tion to the North Atlantic Assembly, of contributing to the common defense. This bill may authorize a modest this Member rises in strong support of amount of funds, but we should not set Third, H.R. 3564 is not an open-ended the NATO Enlargement Facilitation a precedent where we pay countries to promise of eventual NATO membership Act. meet the conditions of NATO member- to interested Eastern and to Central This Member would commend the ship. European nations. The North Atlantic Should we undertake these obliga- distinguished gentleman from New Treaty Organization is not a social tions? A Congressional Budget Office York [Mr. GILMAN], the chairman of club or paper organization; rather it is study estimates that NATO enlarge- the Committee on International Rela- the most successful collective defen- ment could cost $60 to $125 billion over tions, for his leadership in promoting sive organization in the history of a 15-year period, with the United this important national security legis- mankind. It is perhaps inevitable that States paying $5 to $19 billion. lation. In addition, this Member would some nations, which have expressed an Are we ready to provide a United pay tribute to the former majority interest in NATO, may fail to meet the States nuclear guarantee, and commit leader of the other body, the distin- basic criteria for membership, but this American soldiers to the security of guished former Senator from Kansas, is in part also somewhat of a self-quali- Slovakia or Slovenia? Mr. Dole. It is clear that, were it not fication process. It is clear what NATO can do for new for the leadership of Senator Dole, we The nations which have adopted free members—but what will they contrib- would not be considering this visionary markets and adopted a full range of ute to NATO? So far, we don’t have legislation today. truly democratic institutions and prac- good answers to many of these ques- Mr. Speaker, there has been a great tices will be more likely to be consid- tions. deal of confusion, both in this body as ered for membership. Those countries I also share the administration’s con- well as among the countries and inter- which fail to liberalize their economies cerns about earmarking assistance, and ested parties in Eastern and Central or fail to become real democracies or undercutting flexibility to provide as- Europe, about what this legislation repress their citizens are unlikely to sistance to all Partnership for Peace really does. In order to produce or enter NATO. countries. eliminate any confusion, this Member In addition, of course, NATO mem- I would hope that some compromise would like to take a moment and at- bership will only be offered to those na- on this issue is possible as the legisla- tempt to succinctly explain what this tions which are willing to assume the tive process moves forward. legislation will do and what it will not shared cost and defense responsibilities Now, in the course of this debate, we do. of the alliance. will hear criticism that the adminis- First, contrary to what has fre- Last, this legislation should not be tration is dragging its feet on NATO quently been said, this legislation seen to threaten Russia or any other enlargement. That criticism is way off would not admit new countries into nation. The NATO alliance remains a the mark. Whether you support or op- NATO; that is something that can be defensive alliance. The Russian leader- pose NATO enlargement, let’s be clear done only with the parliamentary con- ship must understand that NATO will here: The administration is driving the currence of all 16 Members of NATO. not launch unprovoked attacks against train. The question of enlargement is a The legislation does, however, take ap- a peaceful neighbor. The far more seri- NATO’s agenda only because the Unit- propriate note of the three Central Eu- ous threat to Russian interest is inter- ed States has made it such a high pri- ropean countries Poland, the Czech Re- nal instability and instability along ority. Yet, any decision on enlarge- public, and Hungary, which have made her borders. ment must be by NATO consensus. The the greatest strides toward qualifying United States cannot dictate the out- for NATO membership. For these na- It is desperately important for the come. Leadership is not the same as tions, the legislation sets forth a mod- Russian people that its government arm-twisting. A successful outcome on est training and assistance package to complete fundamental economic and NATO enlargement will require the help them acquire some of the infra- political reforms, but these reforms support of all NATO members. structure items that are essential for will be impossible if it is constantly In conclusion, I see common ground NATO membership, for example, air de- threatened with civil war and political between this bill and administration fense radars, and telecommunications instability along its borders. Thus, the policy, other than on details of a fund- infrastructure. stability that NATO can project into ing mechanism. Both agree that three Central and Eastern Europe should be b countries in Central and Eastern Eu- 1130 helpful to Russian economic mod- rope have made the most progress to- The legislation also recognizes that ernization and to its political stability. ward NATO membership. Both agree there are other Central European na- Mr. Speaker, it most assuredly is that a modest amount of military as- tions which have taken positive steps true that the nature of some of the se- sistance should be provided to them to for Partnership for Peace. That is true curity challenges which face the NATO help in this process. This bill is the of Eastern European nations as well. alliance have fundamentally changed first step in what I hope will be a full These countries may at some future since the days of the cold war. At that debate on the merits of NATO enlarge- date also be qualified for NATO mem- earlier time, defending Europe from ment. bership. Soviet or Warsaw Pact attack was July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8121 NATO’s paramount mission. Now pro- Germans took all of Poland. My fa- munism for so many dark years, de- jecting stability and democracy east- ther’s entire family was exterminated. serve membership in NATO more than ward is perhaps the most important The the Russians came in and took any other people on earth. NATO mem- function that the alliance can serve. over, and the dark days in Poland con- bership will accelerate the growth of Where once the Warsaw Pact en- tinued. their democracies and the pace of their forced an involuntary order, now in too Czechoslovakia, of course, was Hit- economic reforms, and it will make our many places there is merely a power ler’s first grab with the Sudeten. Then own world more secure. History dem- vacuum. No one wants to return to a again, as the Germans were pushed onstrates that democracies and free time when border conflicts, aggressive back, the Russians took it and imposed people do not threaten their neighbors. nationalism, ethnic divisions, and po- their terror on the Czech people for This legislation is necessary now be- litical intrigue was the norm in East- many years. cause action by the Clinton adminis- ern and Central Europe. I think this legislation comes at the tration is long overdue, because the But it is clear that could well reemerge un- right time. There could have been a de- window of opportunity will not remain less stability is projected into the region. It bate prior to the election in the Soviet open forever. It has been 5 long years should be obvious that NATO is the best in- Union. We could have argued at that since the collapse of the Soviet empire. strument to fill that power vacuum, and it can point that, while the election was Let us begin this process now, in Po- do so in a nonthreatening manner. going on, we should be a little cautions land, Hungary, and the Czech Republic, Mr. Speaker, as the body completes consid- in doing anything that would impact and let us work with the Baltic nations eration of the NATO Enlargement Act, this the outcome. The Soviet election, the and the other former captive nations of Member would remind his colleagues that we Russian election is over. These coun- central and economic Europe to expand are considering very serious future treaty com- tries, Poland, Hungary, and the Czech the family of democracies and the re- mitments. As this Member already has noted, Republic, are moving in the right di- specters and promoters of free enter- the North Atlantic Treaty Organization is the rection. If we needed to learn anything prise on our planet so that our world most successful defensive alliance in the his- from history, it is that, when we have will indeed soon be a safer place. tory of the world. Its success is anchored in the opportunity to put peace in place, Mr. HAMILTON. Mr. Speaker, I yield the article 5 commitment North Atlantic Treaty, we ought to take that opportunity. 3 minutes to the distinguished gen- We have seen sufficient turmoil in which states that an attack against one is an tleman from Florida [Mr. JOHNSTON]. the post-Soviet era to understand that, attack against all. Members must acknowledge Mr. JOHNSTON of Florida. Mr. just because the Soviet Union has come that the admission of a new nation to NATO Speaker, I know that I am chasing to an end, does not mean that we are means that this nation will go to war to defend guaranteed peace on the European con- windmills when it comes to this par- that country. Thus, this Congress should voice tinent. The worst horrors we have seen ticular bill because it has a degree of its support for NATO expansion in the months in Europe in the last 50 years occurred unanimity in this body, the State De- and years ahead only after careful consider- after the fall of the Soviet Union in the partment and the President. But, prob- ation, and only if specific expansions are in former country of Yugoslavia as it dis- ably for cathartic reasons, I must op- the U.S. national interest. By passage of this integrated. pose the bill. act, we are moving forward to facing these fu- I think this action will ensure stabil- For the past 36 months, I have heard ture decisions on countries which can better ity. We need to work with the Russians a chorus from this body, both Demo- prepare themselves to take on the full respon- and others in the region to make sure crats and Republicans, that we must sibilities of NATO membership. that they understand this is not a cut foreign aid and foreign assistance, This Member believes it is indeed in the na- move to threaten anybody’s sov- notwithstanding the fact that the tional interest to expand NATO for those na- ereignty or security. This is a move United States is the lowest per capita tions which meet all the criteria for member- that hopefully will use the power and contributor of foreign aid of all of the ship. A carefully crafted policy of NATO en- the strength of the West to ensure sta- industrialized countries in the world. I largement can project stability into a volatile bility in Eastern Europe and help build have also heard from this podium that region of the world without drawing new not just a secure Eastern Europe but a no American troops should be sent to boundaries, and it can do so in a way that more prosperous former Soviet bloc Somalia, Rwanda, Haiti, or Bosnia. should not undermine stability in Russia. By and that goes as well for the Russians. How many times have you heard that providing basic assistance through H.R. 3564 These people in particular, the Poles, the United States cannot be the police- to those nations which have thus far made the the Hungarians, and the Czechs, have man of the world? greatest progress toward fulfilling the criteria suffered significantly throughout this Well, how many of you have read this for membership in a defensive alliance among century. This will give them some of bill? How many of you have read the the democratic nations of North America and the security that they rightly demand. NATO Charter? How many of you have Europe. Mr. BEREUTER. Mr. Speaker, it is any idea what the expansion of our Mr. Speaker, it is not a question of whether my pleasure to yield 2 minutes to the military obligation will be when we ex- NATO will expand, but when it will expand. distinguished gentleman from Califor- pand NATO? Do you have any idea of Clearly, the enactment of H.R. 3564 will speed nia [Mr. COX], the chairman of the Re- the cost of equipping these armies to the day when NATO expands in a responsible, publican Policy Committee. bring them up to NATO standards? stabilizing manner. This Member urges adop- Mr. COX of California. Mr. Speaker, I You’re talking about billions of dol- tion of H.R. 3564. thank the chairman for yielding. lars. The Marshall plan will look like I urge my colleagues to support this The collapse of the Soviet empire is petty cash compared to this expansion. legislation. the most significant geopolitical event Let me read from Congressional Re- Mr. Speaker, I reserve the balance of of the second half of the 20th century. search Service: my time. It marks an enormous victory in the A Rand study concluded that a conserv- Mr. HAMILTON. Mr. Speaker, I yield global struggle for freedom. Its direct ative estimate of NATO expansion to include 3 minutes to the distinguished Member beneficiaries are the liberated peoples the Visegrad States, (that’s Hungary, Po- from Connecticut [Mr. GEJDENSON]. of Europe and Asia that comprise the land, and the Czech Republic) will require Mr. GEJDENSON. Mr. Speaker, I former captive nations so long domi- ten to fifty billion dollars over 10 years, or as want to commend both the gentleman nated by the Warsaw Pact. much as one hundred billion dollars or more from Indiana [Mr. HAMILTON], the rank- Unlike NATO, which was organized should more vigorous measures be necessary ing member, and the gentleman from to protect and defend its members from to develop a strong defense posture. New York, Chairman GILMAN, for the Soviet expansionism, the Warsaw Pact In March 1996 CBO issued a report as- action today. subjugated its own member states, as sessing cost of NATO enlargement My father was in the Polish army in we saw when Warsaw Pact troops in- under five possible options ranging the late 1930’s, 1939, as the war broke vaded Hungary and Czechoslovakia to from assisting a new member engaged out. Poland, like Czechoslovakia first, depose their governments and snuff out in a border skirmish, or a conflict with saw both the Germans and the Rus- the people’s freedom. a regional power to the permanent sta- sians coming in and divide them. Then The captive nations, whose people tioning of forces and equipment of cur- the Russians were pushed back. The fought and struggled against com- rent member states on the territory of H8122 CONGRESSIONAL RECORD — HOUSE July 23, 1996 new members to prepare for a border NATO enlargement, and Chairman of In the meantime, Croatia should press conflict. The study assumed that Po- the Helsinki Commission, I have con- for inclusion in the PfP, widely viewed land, Hungary, the Czech Republic, and sistently emphasized the importance of as the first step toward possible NATO Slovakia would be the initial new human rights in the expansion process. membership. members and would bear the brunt of In addition, I am keenly interested in Mr. Speaker, I wish to turn briefly to the cost of military modernization; encouraging states interested in NATO the issue of civilian democratic control that the cost would be spread over 1996– membership to take concrete steps to of the military. At the outset, let me 2010 and that current allies would pay a strengthen civilian democratic control say that the countries of Central and percentage of modernization cost equal of the military. Eastern Europe have made tremendous to their proportionate share in NATO’s During the International Relations strides in overcoming the legacy of Security Investment Program. Committee’s consideration of this im- communism. Perhaps one of the most In such circumstances, cost at the portant initiative, language which pro- delicate aspects of this transition has low end for option 1 would be $60 bil- posed on each of these aspects of en- been establishing civilian control of lion with the United States share being largement was approved with the the military an important prerequisite $4.8 billion, and at the high end, $125 Chairman GILMAN’s support, for which for those wishing to join NATO. Sig- billion with the United States share I am grateful. nificant progress has been made in the being $18.9 billion. As a result, Mr. Speaker, the bill be- emerging democracies leading to in- Once you start the expansion—Po- fore us today includes an unqualified creased transparency with respect to land, Hungary, and the Czech statement that the protection and pro- military activities and budgets. An- Repubic—politically, you cannot stop. motion of fundamental freedoms and other key component, in my view, is In this bill you encourage admission to human rights are integral aspects of the naming of a civilian to serve as NATO of the Baltic countries—Estonia, genuine security. The legislation also minister of defense. Beyond mere sym- Latvia, and Lithuania—to one previous makes clear that the human rights bolism, this action underscores the Yugoslavian country, Slovenia, and the records of emerging democracies in willingness of the military to subordi- most insulting and offensive to the Central and Eastern Europe interested nate itself to the democratic civilian Russians, two former Soviet Union in joining NATO should be evaluated in leadership—a fundamental aspect of countries, Muldova and Ukraine. light of the obligations and commit- democratic society. I applaud those Are you willing now to commit ments of these countries under the countries which have already under- American soldiers to a border dispute U.N. Charter, the Universal Declara- taken this important step and encour- between Lithuania and Russia over the tion of Human Rights, and the Helsinki age others to pursue that course. enclave of Kaliningrad? Are you willing Final Act. I would note that all 27 In closing, Mr. Speaker, I urge my to send troops to Latvia because they states of the Partnership for Peace colleagues to support this legislation have a fight with Belarus? Are you [PfP] are participating States of the as a demonstration of our determina- willing to send troops to Ukraine be- Organization for Security and Coopera- tion to move NATO expansion forward cause of a conflict with Russia over the tion in Europe [OSCE]. That member- and our commitment to the people of Black Sea fleet and Crimea? Think ship has committed each to act in ac- East Central Europe, including those about it. cordance with all OSCE documents, in- from the Baltic States and Ukraine, as Let me make it perfectly clear. I am cluding the Helsinki Final Act. they strive to overcome the legacy of not an isolationist. Serving on the For- Mr. Speaker, the enlargement proc- communism and pursue democracy eign Affairs Committee for 8 years has ess provides an excellent opportunity firmly rooted in respect for the rights given me a global view. I wanted to for countries desiring membership to and freedoms of the individual. send troops into Rwanda long before demonstrate their commitment to the b 1145 the slaughter there. Serving on the shared values of NATO—including re- Committee on International Relations spect for human rights—as well as Mr. HAMILTON. Mr. Speaker, I yield has given me a global view. But how their ability to fulfill the military and 2 minutes to the distinguished gen- can you give a blank check to the political obligations expected of all tleman from Minnesota [Mr. OBER- white Eastern European nations and member states. Prospective members STAR]. totally abandon black Africa? should meet the criteria set forth in Mr. GILMAN. Mr. Speaker, I yield 30 This is a major step and one that the NATO Participation Act of 1994 and seconds to the gentleman from Min- should not be taken lightly. other relevant legislation before they nesota [Mr. OBERSTAR]. I leave Congress in 5 months but I are admitted as full members of NATO. The SPEAKER pro tempore (Mr. plan to come back and haunt you on a It is also important to recognize that HAYWORTH). The gentleman from Min- yearly basis. the present process of enlargement is nesota [Mr. OBERSTAR] is recognized for Mr. BEREUTER. Mr. Speaker, I yield taking place under significantly dif- 2 minutes and 30 seconds. myself such time as I may consume. ferent circumstances that existed when Mr. OBERSTAR. Mr. Speaker, I No one is contemplating early NATO a limited number of states were added thank the gentlemen for yielding me membership for Ukraine or Belarus, in the past. Given the growing number the time. perhaps not ever. And, indeed, we are of countries actively seeking full mem- Mr. Speaker, this is important legis- willing to use American military force bership in the alliance, it is essential lation for the reasons already ex- when it is in the vital interest of the to establish clear criteria which all plained. Because it is important, I re- United States. Clearly, instability in new members must meet. gret that it does not go a step further Central and Eastern Europe would be Mr. Speaker, in recent days there has and include, along with Poland, Hun- contrary to the vital interests of the been some discussion about including gary and the Czech Republic, Slovenia. United States of America. Croatia among the prospective recipi- Let me explain why. With only 8 per- Mr. Speaker, I yield 3 minutes to the ents of assistance under this legisla- cent of the population of former Yugo- distinguished gentleman from New Jer- tion. To set the record straight, noth- slavia, Slovenia accounted for 19 per- sey [Mr. SMITH], a member of the com- ing in the pending legislation precludes cent of the country’s gross domestic mittee. Croatia from receiving assistance pro- product, one-third of its exports, one Mr. SMITH of New Jersey. Mr. vided that country—or any other pro- half of its dairy production, 40 percent Speaker, I thank the gentleman from spective recipient—meets a series of of all of its taxes. Nebraska [Mr. BEREUTER], my good criteria, including respect for human The Slovenes, post election, have friend, for yielding me this time. rights. I welcome the recent decision of been a model of parliamentary democ- Mr. Speaker, I commend Chairman the OSCE to deploy a mission to Cro- racy. Local government has been ex- GILMAN for his leadership in ensuring atia and look forward to the findings panded; 158 new municipalities have the timely consideration of H.R. 3564, and recommendations of that group been created, local elections held. They the NATO Enlargement Facilitation which could contribute to establishing have received the highest human rights Act of 1996. As an original cosponsor of the conditions necessary for Zegreb to respect status awarded by Amnesty this legislation, a strong advocate of pursue eventual membership in NATO. International. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8123 Inflation in the postwar, and it was terest and consistent with our national Mr. Speaker, I rise in strong support only a 9-day war imposed by the Serb ideals. As Americans, we were all elat- of the NATO Enlargement Act of 1996. Army, only 68 people died, the Slovenes ed when the Communist chokehold on NATO, for the past 45 years, has been let the Serb Army return to its land Eastern Europe was lifted and the cold the cornerstone of stability in Europe without killing anyone, inflation was war was won. Now we must do every- and a critical element of our Nation’s at 1,200 percent. It is now down to thing possible to encourage and protect defense, it is the bulwark of Western under 9 percent. They have a $3 billion the fragile young democracies which democracy and free-market economics. positive international balance of pay- are emerging in Eastern Europe. The success of the alliance is without ments. They have the 20th largest per This legislation ensures that the question. capita exporting country record. emerging democracies will remain But while I support expansion of Ninety percent of the former social- vital forces for freedom in Eastern Eu- NATO to include nations of Central ist economy has been privatized. The rope. This bill welcomes these nations and Eastern Europe, it is my banks have been privatized. They have as allies by facilitating the entrance of unshakable conviction that NATO balanced their budget. Unemployment Poland, Hungary, and the Czech Repub- membership must only be granted to rate is down to around 7 percent. Slo- lic into NATO and also by providing as- nations that make a fundamental com- venia, in short, is Europe’s best kept sistance toward NATO membership for mitment to democracy, the rule of law, democratic secret. Slovakia, Estonia, Latvia, Lithuania, and free market economics. When our Secretary of Defense, Mr. Slovenia, Bulgaria, Romania, Albania, NATO membership must not be Perry, was in Slovenia recently, he Moldova, and Ukraine. granted willy-nilly to nations that fail said, Slovenia has done very well in all Mr. Speaker, I thank Chairman GIL- to make these commitments. Member- standards for NATO membership and is MAN for his outstanding leadership and ship cannot be granted simply because a strong candidate. Slovenia, he con- urge my colleagues to support this vi- certain nations fear their neighbors or tinued, can be a model to other Eastern sionary legislation. believe that membership will enhance Bloc and Central European countries Mr. HAMILTON. Mr. Speaker, I yield their prospects for democratic or eco- because of its successful implementa- 2 minutes to the distinguished gentle- nomic progress or reform. tion of a democratic government, mar- woman from New York [Mrs. A major reason for the alliance’s suc- ket economy, and resolving disagree- MALONEY]. cess has been its intolerance of author- ments with its neighbors. Mrs. MALONEY. Mr. Speaker, I itarian or undemocratic regimes within I have discussed this matter with the thank the gentleman for yielding me its ranks. Although democratic govern- gentleman from New York [Mr. GIL- time. ments were overthrown by military MAN] and with our ranking member, Mr. Speaker, I rise in support of the juntas in Greece and Turkey, both the gentleman from Indiana [Mr. HAM- NATO Enlargement Facilitation Act. countries joined NATO as democracies ILTON]. I appreciate their willingness to Mr. Speaker, it is difficult to imagine and both countries have reverted to give consideration to Slovenia at an that less than a decade ago, the world democratic governments. Spain was appropriate time. was a very different place. not permitted to join NATO until it Mr. GILMAN. Mr. Speaker, will the We were in the icy grip of the cold demonstrated its commitment to par- gentleman yield? war. liamentary democracy. Mr. OBERSTAR. I yield to the gen- The Soviet Union was the menacing It also must be recognized that tleman from New York. patron of repression across the globe. NATO is not anti-Russian. It is not Mr. GILMAN. Mr. Speaker, I want to The winds of democracy and freedom even anti-Communist per se. In fact, it assure the gentleman that we have re- had not yet begun to sweep over East- is not intrinsically anti anything. viewed Slovenia’s progress and recog- ern and Central Europe. Rather, it is prodemocracy. NATO is nize it has made a significant amount All that has now changed. and it always has been a defensive alli- of progress. I want to assure the gen- And with this change, we should ance under which the protection of de- tleman that in the forthcoming ses- change NATO. mocracies and free market economies sion, providing we are all here, we will The bill before us recognizes that could flourish. work toward trying to allow Slovenia three Eastern European countries—Po- Some formerly Communist nations of to become a member of NATO. land, Hungary, and the Czech Repub- Central and Eastern Europe, such as Mr. OBERSTAR. Mr. Speaker, I very lic—have made the most progress with the Baltic States, Poland, Hungary, much appreciate the chairman’s inter- the criteria necessary for NATO inclu- and the Czech Republic, have clearly est, understanding and support for this sion. made the transition to free market de- initiative. As the Representative of Greenpoint, mocracies and should soon easily qual- Mr. BEREUTER. Mr. Speaker, will Brooklyn, one of the largest and most ify to join NATO, as this bill calls for. the gentleman yield? dynamic communities of Polish-Ameri- In addition, the early inclusion of Mr. OBERSTAR. I yield to the gen- cans in the Nation, I am particularly those nations will also be a very power- tleman from Nebraska. pleased that this bill acknowledges Po- ful example and an incentive to en- Mr. BEREUTER. Mr. Speaker, Slove- land’s extraordinary transition to de- courage other Eastern European na- nia has made remarkable progress. We mocracy. tions, such as Romania, Ukraine, Slo- recognize that. Their emergence has The bill also authorizes up to $60 mil- venia, and the Republic of Slovakia to been so recent it did not receive full lion to these countries to facilitate the hasten their unchangeable commit- consideration. NATO expansion process. ment to democratic institutions. Mr. GILMAN. Mr. Speaker, I yield It is critical that we recognize Po- NATO membership by these newly 11⁄2 minutes to the gentleman from land’s strategic value to the West. democratic nations will help secure Pennsylvania [Mr. FOX] a member of The admission of Poland into NATO their place among the Central and the Committee on International Rela- will enhance United States interests in Western European states. The stability tions. Europe by bringing more stability and and fate of those nations are of vital Mr. FOX of Pennsylvania. Mr. Speak- security to the region. importance to the peace and security er, I rise in strong support of H.R. 3564, I urge the adoption of the bill, and I of Europe. the NATO Enlargement Facilitation urge the administration to work with Mr. Speaker, I urge my colleagues to Act of 1996, authored by Chairman GIL- our allies to bring about the swift ad- support this important piece of legisla- MAN and Senator Dole. mission of Poland into Europe’s most tion. One of America’s most solemn obli- important political and military insti- Mr. GILMAN. Mr. Speaker, I yield 2 gations is to foster the growth of de- tution—NATO. minutes to the gentleman from Vir- mocracy and freedom both at home and Mr. GILMAN. Mr. Speaker, I yield 2 ginia [Mr. WOLF]. abroad. These goals have been con- minutes to the gentleman from Ohio Mr. WOLF. Mr. Speaker, I want to stants in American foreign policy since [Mr. HOKE]. express some reservations. I commend our Nation’s birth—there are no two Mr. HOKE. Mr. Speaker, I thank the the leadership on both sides for what goals more clearly in our national in- gentleman for yielding me the time. they are trying to do. Eventually these H8124 CONGRESSIONAL RECORD — HOUSE July 23, 1996 countries ought to be part of NATO, no to determine who is who. Actions speak louder The NATO people must recognize matter what Russia thinks. than words. We must be able to differentiate that this process should start. It should However, I have some reservations. clearly between those who are truly committed have started a lot sooner than that. So First, Poland. In Poland I wish Lech to democracy and those who are only talking we are not dictating to the administra- Walesa was still the head. In Poland a the talk before we commit to protect them. tion. We are not dictating to NATO. We former leading member of the Polish Things are better, but they are not perfect. are simply saying that it is time to Communist government is not the new I have heard reports that Hungarian Govern- move on, that these three nations, spe- prime minister. In Hungary, foreign in- ment representatives, at a conference in Bu- cifically mentioned in here as sugges- vestors are concerned that socialism is dapest during the first week of July, adopted tions, have been waiting a long time, coming back, and many people who a provocative declaration on the status of that their acceptance would be an en- were Communists when we knew they Hungarians abroad causing concern for its hancement. I would encourage my col- were Communists are now back in the neighbors. While I remain concerned over the leagues to vote in favor of this meas- government. state of Hungarian minority communities in ure. In Bulgaria, there are many Com- Europe, this declaration illustrated a regret- Mr. BEREUTER. Mr. Speaker, will munists that have come back in gov- table insensitivity toward Hungary's neighbors. the gentleman yield? ernment and, hopefully, the demo- There are still reports that high-profile individ- Mr. CALLAHAN. I yield to the gen- cratic leaning party will win in the up- uals, journalists and foreigners are subject to tleman from Nebraska. coming election. In Romania, many of surveillance by security agents in Romania. Mr. BEREUTER. Mr. Speaker, the the same people that were in the When new countries join NATO, they are gentleman’s comments gives us an op- Ceausescu government are still part of full-fledged partners. They are entitled to all of portunity to recognize that we are not the government. So I am concerned our military secrets and the full protection of barring membership for any country about this. the United States. I just do not think that the through this resolution, but we are pro- Also I think if this does pass that we American people are ready for new commit- viding an infrastructure and training should lay the word down that we ex- ments overseas when we can barely get sup- assistance program, a modest one, by pect all of these countries to respect port for current ones. We currently have authorizing it as a part of this pro- human rights: freedom of religion, free- 22,000 American troops doing a great job posed act. dom of worship, no antisemitism, free- bringing peace to Bosnia, but I know this is I thank the gentleman for giving me dom of movement, and freedom of ex- not a popular idea with the American people. a chance to remind our colleagues that pression. I am concerned that perhaps Would there be the support to send troops to we are not dictating NATO member- we should wait and hold out a little Poland or Hungary or Romania to help gov- ship for any country, only facilitating longer on NATO expansion to make ernments with former Communists in power? assistance to these three countries I don't think so. Not right now. Not before sure these countries really do join de- that seem to have done an outstanding democracy has been tested and tried in mocracy, whereby they become eligible job in preparing for NATO membership. for NATO. Central and Eastern Europe and Communists no longer have influence. I thank the gentleman for yielding to So I commend the gentlemen on both me. sides but I want to raise some con- So, Mr. Speaker, I support the concept of cerns. If communism comes back, these NATO expansion, but I don't think we should do it now. It's too early. b 1200 countries ought not be part of NATO. Mr. HAMILTON. Mr. Speaker, I yield Mr. GILMAN. Mr. Speaker, I yield Mr. Speaker, I rise to express concern 2 minutes to the gentleman from Ala- about H.R. 3564, the NATO Enlargement Fa- myself the balance of my time. bama [Mr. CALLAHAN], chairman of the The SPEAKER pro tempore (Mr. cilitation Act of 1996. I have some serious res- Subcommittee on Foreign Operations, HAYWORTH). The gentleman from New ervations about expanding this critical alliance Export Financing and Related Pro- at this time. Things are still too uncertain in York is recognized for 2 minutes. grams. (Mr. GILMAN asked and was given the newly democratic countries in Eastern and (Mr. CALLAHAN asked and was permission to revise and extend his re- Central Europe. given permission to revise and extend marks.) I support the concept of NATO expansion, his remarks.) but I think it's too early to be changing the for- Mr. CALLAHAN. Mr. Speaker, I Mr. GILMAN. Mr. Speaker, in con- mula that has worked to preserve peace in thank the gentleman for yielding time cluding our debate today I would like Western Europe for so long. More time need to me. to note that support for this measure to pass to give these new governments a I think many of my colleagues know has grown rapidly since we first intro- chance to show that they are truly committed my philosophy about Members of Con- duced it several months ago. We now to democracy, human rights, and being the gress involving themselves in foreign have 37 co-sponsors, almost evenly di- kind of government necessary to be a trust- affairs to the extent that we try to dic- vided between Members of the majority worthy partner in NATO. tate policy. But it is my understanding and the minority. The bill has been I am encouraged by the progress I have of this bill that we are not dictating warmly endorsed by the coalitions rep- seen since 1989. Some countries are doing policy. We are strongly suggesting to resenting the 23 million Americans of better than others, but for the most part we do NATO and to the administration that Central and Eastern European descent. not see today the kinds of human rights they encourage the acceptance of three They wrote to me stating that from abuses we saw in the pre-1989 ear. Elections countries and that they expand NATO. their point of view this is the most im- have taken place. Good constitutions have I might say that there is an avenue portant legislation we will consider been put in place. Rule-of-law is advancing. now through the Partnership for Peace this year. Individual freedomsÐsuch as freedom of ex- where NATO can be expanded. But I And finally just this morning we re- pression, freedom of religion and freedom of think it is high time, like some of you, ceived word that the administration associationÐare being preserved. But, I agree that we do expand NATO, that we do has decided to show its support behind with the words of University of Illinois profes- expedite the process, because a lot of the bill. The administration states, and sor Ed Kolodziej, as reported on June 18 in an countries have been waiting a lot of I quote: ‘‘The administration welcomes article in the Christian Science Monitor, ``I time in order to be included in there. congressional support for the enlarge- don't think [these countries] are ripe by a long It is my personal philosophy that we ment of NATO as reflected in H.R. shot.'' ought to include all nations over there, 3564.’’ I am deeply concerned that in many coun- because if you are going to have a suc- Accordingly, I appreciate the support tries in Eastern and Central Europe, former cessful NATO, it simply says that one of my colleagues and look forward to communists are in some capacity in govern- of these nations will not attack an- early approval of the measure. ment. In Poland, Hungary, Romania, and Bul- other. If it does take place, then those Mr. BEREUTER. Mr. Speaker, will garia former members of the Communist party nations that are a part of NATO will the gentleman yield? are in charge. In other countries, they are still defend it. So if all of them were in- Mr. GILMAN. I yield to the gen- politically active. Some of them are reformed cluded, it would seem to me that we tleman from Nebraska. Communists; some of them are not. It is cru- would have the best of all worlds. But Mr. BEREUTER. Mr. Speaker, I cial that we let enough time pass to be able we must begin with the process. thank the distinguised chairman, the July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8125 gentleman from New York [Mr. GIL- First, to support the security of the The Clerk read the title of the bill. MAN], for yielding to me. Earlier Cro- new democracies in the Baltics, East- The Clerk read the Senate amend- atia was mentioned as a possible addi- ern and Central Europe; and second, to ment, as follows: tion to the names of the countries that create a climate of trust in our rela- Senate amendment: might eventually qualify for the assist- tions with Russia, so it understands Page 7, strike out all after line 7, over to ance program we are authorizing by that the West has no hostile intentions and including line 20 on page 8 and insert: this resolutions when they moved to a toward Russia’s territory or its people. (b) Mandatory Sanctions With Respect to Libya.— greater degree of democracy and re- Expanding NATO membership at the (1) VIOLATIONS OF PROHIBITED TRANS- spect for human rights. That certainly appropriate time will enhance U.S. se- ACTIONS.—Except as provided in subsection is possible. Slovenia was also men- curity, and strengthen democracy and (f), the President shall impose 2 or more of tioned as a country that ought to be free market reforms throughout the sanctions described in paragraphs (1) considered, and I fully agree that it Central and Eastern Europe. An ex- through (6) of section 6 if the President de- ought to be considered for the assist- panded NATO, carefully crafted, can termines that a person has, with actual ance program. secure the peace for generations to knowledge, on or after the date of the enact- Something that has not been men- come. ment of this Act, exported, transferred, or tioned is the recent improvements in As a cosponsor of H.R. 3564, I urge my otherwise provided to Libya any goods, serv- ices, technology, or other items the provi- democracy, economic reform, and colleagues to support and pass the sion of which is prohibited under paragraph human rights that has taken place in NATO Facilitation Act of 1996. 4(b) or 5 of Resolution 748 of the Security that nation which was formerly part of Mr. GILMAN. Mr. Speaker, I yield Council of the United Nations, adopted Yugoslavia, now called the Former back the balance of my time. March 31, 1992, or under paragraph 5 or 6 of Yugoslavia Republic of Macedonia Mr. HAMILTON. Mr. Speaker, I yield Resolution 883 of the Security Council of the [FYROM]. Its progress and potential back the balance of my time. United Nations, adopted November 11, 1993, if for advancement into the front ranks The SPEAKER pro tempore (Mr. the provision of such items significantly and HAYWORTH). The question is on the mo- materially— for consideration for NATO member- (A) contributed to Libya’s ability to ac- ship are also to be recognized. tion offered by the gentleman from quire chemical, biological, or nuclear weap- I thank the gentleman for recogniz- New York [Mr. GILMAN] that the House ons or destabilizing numbers and types of ad- ing me for this purpose. suspend the rules and pass the bill, vanced conventional weapons or enhanced Mr. DURBIN. Mr. Speaker, I rise in H.R. 3564, as amended. Libya’s military or paramilitary capabili- strong support of the NATO Enlarge- The question was taken; and (two- ties; ment Facilitation Act of 1996, H.R. thirds having voted in favor thereof) (B) contributed to Libya’s ability to de- 3564. the rules were suspended and the bill, velop its petroleum resources; or This legislation reflects strong bipar- as amended, was passed. (C) contributed to Libya’s ability to main- tain its aviation capabilities. tisan support in the U.S. Congress for A motion to reconsider was laid on (2) INVESTMENTS THAT CONTRIBUTE TO THE welcoming the new democracies of the table. DEVELOPMENT OF PETROLEUM RESOURCES.— Eastern and Central Europe into NATO GENERAL LEAVE Except as provided in subsection (f), the when they are prepared to meet the re- Mr. GILMAN. Mr. Speaker, I ask President shall impose 2 or more of the sanc- sponsibilities of membership. And it unanimous consent that all members tions described in paragraphs (1) through (6) authorizes necessary assistance to help may have 5 legislative days within of section if the President determines that a these new democracies prepare for which to revise and extend their re- person has, with actual knowledge, on or after the date of the enactment of this Act, NATO membership. marks on the subject of the measure As cochairman of the Baltic freedom made an investment of $40,000,000 or more (or just considered. any combination of investments of at least caucus in Congress, I particularly com- The SPEAKER pro tempore. Is there $10,000,000 each, which in the aggregate mend to my colleagues the provisions objection to the request of the gen- equals or exceeds $40,000,000 in any 12-month of H.R. 3564 relating to Lithuania, Lat- tleman from New York? period), that directly and significantly con- via, and Estonia. H.R. 3564 states that There was no objection. tributed to the enhancement of Libya’s abil- it is the sense of Congress that Lithua- Mr. BEREUTER. Mr. Speaker, is it ity to develop its petroleum resources. nia, Latvia, and Estonia have valid his- still appropriate for a request for the Mr. GILMAN (during the reading). torical security concerns that must be yeas and nays to be ordered? Mr. Speaker, I ask unanimous consent taken into account by the United The SPEAKER pro tempore. Is there the Senate amendment be considered States, and the Lithuania, Latvia, and objection to a demand for the yeas and as read and printed in the RECORD. Estonia should not be disadvantaged in nays? The SPEAKER pro tempore. Is there seeking to join NATO by virtue of their There was no objection. objection to the request of the gen- forcible incorporation into the Soviet Mr. BEREUTER. Mr. Speaker, on tleman from New York? Union. H.R. 3564 also names Lithuania, that I demand the yeas and nays. Mr. HAMILTON. Reserving the right Lativa, and Estonia as countries which The yeas and nays were ordered. to object, Mr. Speaker, I do not intend should participate in the Regional Air- The SPEAKER pro tempore. Pursu- to object, but I will yield to the gen- space Initiative and the Partnership ant to clause 5, rule I, and the Chair’s tleman from New York [Mr. GILMAN] to for Peace Information Management prior announcement further proceed- explain the bill. I would then reclaim System. ings on this motion will be postponed. my time to pose some questions and The fledgling Baltic democracies, f make a few comments about the meas- still struggling to overcome the effects ure. of 50 years of communist domination, IRAN AND LIBYA SANCTIONS ACT Mr. GILMAN. Mr. Speaker, will the have made great efforts to prepare OF 1996 gentleman yield? themselves for NATO membership. Mr. GILMAN. Mr. Speaker, I ask Mr. HAMILTON. I yield to the gen- They are reforming their armies and unanimous consent to take from the tleman from New York. instituting civilian controls and Demo- Speaker’s table the bill, (H.R. 3107) to Mr. GILMAN. Mr. Speaker, I am very cratic values. They have proven their impose sanctions on persons making pleased to bring before the House H.R. ability to cooperate in multilateral ef- certain investments directly and sig- 3107, the Iran and Libya Sanctions Act forts through the Baltic battalion. nificantly contributing to the enhance- of 1996, as amended, which mandates They have participated in Partnership ment of the ability of Iran and Libya sanctions on persons making invest- For Peace training exercises. And they to develop its petroleum resources, and ments that would enhance the ability have contributed troops to the NATO- on persons exporting certain items of Iran to explore for, extract, refine, led operation in Bosnia, where they that enhance Libya’s weapons or avia- or transport by pipeline petroleum re- have earned the respect of their NATO tion capabilities or enhance Libya’s sources. allies and suffered in loss of their ability to develop its petroleum re- The text of this bill is identical to young soldiers. sources, and for other purposes, with a that adopted by the Senate on July 16 U.S. policy in Eastern and Central Senate amendment thereto and concur on an amendment offered by Senators Europe should be based on two goals: in the Senate amendment. KENNEDY and D’AMATO which modified H8126 CONGRESSIONAL RECORD — HOUSE July 23, 1996 the sanctions regime in regard to in- States national interests in my judg- Mr. Speaker, further reserving the vestments in Libya making it fully ment than does Libya, and if the gen- right to object, may I say a couple of consistent with the regime in place on tleman agrees with me on that point, things about the bill that is before us Iran. perhaps the gentleman could explain at this moment? Passage of the bill in its present form why we should sanction foreign compa- I support the bill because, as the gen- clears this legislation for transmittal nies that do business with Libya more tleman from New York has indicated, to the President. In light of the grow- harshly than we sanction companies the conduct of Iran and Libya remains ing possibility that a terrorist act led that do business with Iran. far outside international norms, and to the destruction of TWA Flight 800 Before the gentleman responds, may our allies have simply not done enough and the growing likelihood that state- I simply add that the bill that passed to help us change that conduct. Rhet- sponsored terrorism poses an increas- the House last month would have im- oric alone is not sufficient, steps to in- ing threat to Americans inside and out- posed mandatory sanctions only on crease the economic isolation of Iran side the United States, we should have certain exports to Libya, and my un- and Libya are warranted, and this bill in place the strongest possible deter- derstanding is that the administration takes U.S. policy in the right direction. rent to any future acts of terrorism and the Committee on Ways and Means The objective of economic sanctions supported by such rogue regimes as opposed mandatory sanctions on in- must always be to maximize economic Iran and Libya. vestment in Libya for two reasons: pressure on the target countries while Enactment of this bill today will ac- First, since there is already substan- minimizing economic and other costs complish this objective. tial foreign investment in Libya, they for ourselves. If the measures in this Its other provisions would also estab- argued that hitting investment with bill are not deployed carefully, they lish a mandatory sanctions regime on mandatory sanctions would only have will run the risk of causing us more foreign persons who violate U.N. Secu- a marginal impact on Libya’s energy harm than they cause either Iran or rity Council Resolutions 748 and 883 by sector but would anger many of our Libya. That is because many of our selling weapons, aviation equipment biggest trade partners; and, second, the closest allies and biggest trading part- and oil equipment to Libya, a country administration and the Committee on ners have told us they view this bill as responsible for the cowardly and unfor- Ways and Means were concerned that an effort to force them to change their givable attack on Pan Am Flight 103 in unilateral United States measures policies toward Iran and Libya. They December 1988. could jeopardize existing international consider such pressure a threat to their I urge my colleagues to pass this ur- cooperation in Libya. sovereignty; they have promised to re- gently needed legislation. In light of these arguments, is the spond. Mr. HAMILTON. Reclaiming my gentleman from New York concerned What will they do? Nobody knows for time, Mr. Speaker, if the gentleman that enactment of the bill in its cur- sure, but I see two potential problems from New York will permit, I would rent form would weaken the existing to United States national interests: like to ask him a couple of questions. international sanctions regime against One, international cooperation on Iran My understanding is that the Senate Libya? and Libya could be reduced rather than made two major changes in the bill be- Mr. GILMAN. If the gentleman will increased. United States policies, not fore sending it to the House. further yield, in response to the gentle- the policies of Iran and Libya, could First, the Senate added mandatory man’s query, Libya has already estab- become the focus of international at- sanctions for certain foreign invest- lished a clear track record of non- tention. Iran and Libya surely would ments in Libya’s energy sector. The compliance with the U.N. Security take comfort in seeing our allies gang House bill would have imposed manda- Council Resolutions 731, 748 and 883. up on us rather than against them. tory sanctions only on certain foreign The failure of the Libyan Government Second, retaliatory steps by our trad- exports to Libya and on certain invest- to hand over for trial the two suspects ing partners could prove costly to ments in Iran. in the Pan Am bombing is in itself a American workers and firms. Second, the Senate increased from 1 matter of grave concern, threatening b 1215 to 2 the number of sanctions the Presi- peace and security in that entire re- dent would be required to impose on gion. The national interest waiver in this firms that engaged in prohibited in- The world community would appear bill will help the President steer us vestment or trade with Libya. The to have very few remaining alter- clear of these potential costs to U.S. House bill would require the President natives in that regard. They include interests. It is my hope that the Presi- to impose only one sanction on Iran. additional sanctions and the imposi- dent will be able to use waivers and the My impression is that as a result of tion of penalties for noncompliance possibility of sanctions to open a win- the Senate amendments the sanctions and some kind of collective security dow of opportunity for negotiations on in the bill before us today are tougher action directed against the Libyan re- multilateral steps that would be more on Libya than they are on Iran. Is that gime. effective than unilateral sanctions in the understanding of the gentleman I am certain that most of us would influencing the conduct of Iran and from New York? agree that we should try to put in Libya. But waivers and sanctions are Mr. GILMAN. Mr. Speaker, if the place any and all measures designed to blunt policy instruments. We are hand- gentleman will further yield, the Sen- bring Libya into compliance before we ing the President a difficult task and a ate amendment made sanctions against undertake any effort for a collective heavy responsibility without giving investments that contribute to the de- security operation to establish a block- him all the policy tools he may need. velopment of Libya’s petroleum re- ade or initiate some kind of military He will have to exercise the limited sources mandatory rather than discre- action against Libya. discretion this bill gives him with tionary. It makes the investment re- I would also note that the U.N. al- great skill. gime toward Libya fully consistent ready has in place oil field equipment This bill deserves our support, and so with that adopted by this body in re- sanctions against Libya. Additional will our President as he seeks to carry gard to Iran. sanctions in this bill on investment in it out. Mr. HAMILTON. Is it the gentle- Libya’s oil sector simply complements Mr. ROTH. Mr. Speaker, first let me again man’s understanding, however, that and further strengthens those existing commend the gentleman from New York [Mr. the sanctions in this bill today are sanctions. GILMAN] for his work on this issue. No one can tougher on Libya than they are on Furthermore, we should not lose question his commitment to fighting terrorism Iran? sight of the fact that there are reports and proliferation. Mr. GILMAN. The gentleman is cor- of increased violations of the existing Moreover, there is no doubt that Iran and rect. U.N. sanctions on Libya. Adoption of Libya are rouge states. The leaders of these Mr. HAMILTON. I am supporting the these amendments today will help us regimes continue to violate every standard of bill, of course, but it does seem to me to address those problems. acceptable behavior. I share the goals of turn- the rationale is less clear. Iran poses a Mr. HAMILTON. I thank the gen- ing Iran and Libya away from terrorism, away far more serious threat to the United tleman for his answers. from making weapons of mass destruction and July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8127 away from brutality against their own people. Fourth, I am concerned that this is the easy There was no objection. And I agree that current U.S. Policy is failing way out for the administration. Enactment of f badly, not achieving any of these goals. But I this bill will replace the more necessary need. FOOD QUALITY PROTECTION ACT fear this legislation is a step backward, not for- The administration, I'm convinced, will con- OF 1996 ward. In my judgment, this bill will likely not tinue to fail to do the harder work of leading work, for four reasons. a coherent, multilateral response to the appall- Mr. ROBERTS. Mr. Speaker, I move First, economic sanctions simply do not ing policies of Iran. The test of our policy must to suspend the rules and pass the bill work in today's world when the United States be its impact on Iran's current regime. It is not (H.R. 1627) to amend the Federal Insec- acts alone. The Soviet grain embargo is the enough that our goals are laudable. Our ac- ticide, Fungicide, and Rodenticide Act greatest example of a unilateral sanction with tions must be focused on stopping Iran's dan- and the Federal Food, Drug, and Cos- terrific goals and utterly ineffective results that gerous behavior, and this takes the hard work metic Act, and for other purposes, as cost billions in dollars of U.S. exports. But the of multilateral action. amended. same can be said for any number of U.S. uni- Mr. Speaker, in sum, Iran and Libya threat- The Clerk read as follows: lateral sanctions. en international peace and security. Our goal H.R. 1627 Iran has 65 million people and a $300 billion must be to change their behavior. Whatever Be it enacted by the Senate and House of Rep- economy. Libya has 5 million people and a we do, it must be effective. We need our allies resentatives of the United States of America in $33 billion economy. Neither country can be with us, not against us. There was a time Congress assembled, isolated, geographically or economically. In when the United States could sound the alarm SECTION 1. SHORT TITLE. and Europe would rally to our side. That day This Act may be cited as the ‘‘Food Qual- both countries, exports are growing. From ity Protection Act of 1996’’. is over. Economic sanctions and secondary 1988 to 1994, Iran's exports grew nearly 50 TITLE I—SUSPENSION-APPLICATORS percent, to $19 billion. Libya's exports grew boycotts have notÐand will notÐwork when SEC. 101. REFERENCE. nearly 10 percent, to $8 billion. they are unilateral. With enactment of this bill, I'm concerned Whenever in this title an amendment or re- The reality is none of Iran's or Libya's major peal is expressed in terms of an amendment trading partners will go along with our sanc- we will have jeopardized our relations with the to, or repeal of, a section or other provision, tions. Not Germany. Not France. Not Italy. Not very countries whose support we need to the reference shall be considered to be made Spain. And not Japan. Without their coopera- eventually reach the goal of turning Iran and to a section or other provision of the Federal tion, how will our sanctions ever work? Libya away from their current terrorist behav- Insecticide, Fungicide, and Rodenticide Act. This brings me to the second flaw in this ior. Subtitle A—Suspension bill. This legislation would impose a secondary Mr. DEUTSCH. Mr. Speaker, I rise today in SEC. 102. SUSPENSION. boycott on our closest allies. The sponsors strong support of the Iran-Libya Oil Sanctions (a) SECTION 6(c)(1).—The second sentence of argue that the bill will force Europe to choose Act. This bill is important to the United States section 6(c)(1) (7 U.S.C. 136d(c)(1)) is amended between trading with us and trading with Iran because it seeks to limit Iran's and Libya's to read: ‘‘Except as provided in paragraph (3), no order of suspension may be issued and Libya. This will never work. ability to destabilize the Middle East. These sanctions will limit both countries' ability to ex- under this subsection unless the Adminis- The primary effect of this bill has been to trator has issued, or at the same time issues, unify the European UnionÐall 15 membersÐ port terrorism and upset the peace process in a notice of intention to cancel the registra- against our policy toward Iran and Libya. Just the Middle East. tion or change the classification of the pes- like the extraterritorial reach of the 1982 So- I am a strong advocate of this bill because ticide under subsection (b).’’. viet pipeline embargo unified Europe. If this it will hit these parish nations where it hurtsÐ (b) SECTION 6(c)(3).—Section 6(c)(3) (7 becomes law, we should expect blocking stat- oil production. By limiting foreign investment U.S.C. 136d(c)(3)) is amended— utes to prevent European companies from into the petroleum sector, this legislation will (1) by inserting after the first sentence the following new sentence: ‘‘The Administrator complying, as well as retaliatory actions. Libya prevent both nations from funding the expan- sionist military policies. It will make it more dif- may issue an emergency order under this is a major source of petroleum for Western paragraph before issuing a notice of inten- Europe. How can we expect those countries to ficult for Iran to purchase additional diesel tion to cancel the registration or change the forego Libya's oil? It simply will not happen. submarines whose sole purpose is to close off classification of the pesticide under sub- Aside from Europe's interests in Libya, the oil exports from the gulf. It will hinder Libyan section (b) and the Administrator shall pro- Moslem countries of the Middle East, South efforts to increase their stockpile of chemical ceed to issue the notice under subsection (b) Asia, and the Caucasus will not comply. Look weapons. And most importantly it will constrict within 90 days of issuing an emergency what is happening with Iran. Pakistan now has Iran's ability to obtain a nuclear weapon. order. If the Administrator does not issue a an economic alliance with Iran. The Ukraine, This bill sends a clear message to both Iran notice under subsection (b) within 90 days of issuing an emergency order, the emergency Kazakhstan, Armenia, Turkmenistan, and and Libya that America will not sit idly and watch them build up their military capabilities order shall expire.’’; and Azerbaijan all are pursuing trade and invest- (2) by striking ‘‘In that case’’ and inserting ment with Iran. With these countries, Iran is for the sole purpose of regional intimidation. I ‘‘In the case of an emergency order’’. likely to be a major partner in developing oil urge my colleagues to support final passage SEC. 103. TOLERANCE REEVALUATION AS PART and gas resources in central Asia. of this bill. OF REREGISTRATION. We have invested a lot in cultivating good Mr. HAMILTON. Mr. Speaker, I with- Section 4(g)(2) (7 U.S.C. 136a–1(g)(2)) is relations with these former Soviet Republics. draw my reservation of objection. amended by adding at the end the following: The SPEAKER pro tempore (Mr. ‘‘(E) As soon as the Administrator has suf- Are we now going to impose sanctions and HAYWORTH). Is there objection to the ficient information with respect to the die- throw away all our work over the past 5 request of the gentleman from New tary risk of a particular active ingredient, years? If we do sanction these countries, how York? but in any event no later than the time the will they respond? There was no objection. Administrator makes a determination under This legislation will not isolate Iran and The SPEAKER pro tempore. Is there subparagraph (C) or (D) with respect to pes- ticides containing a particular active ingre- Libya. It will isolate us. No one should be sur- objection to the original request of the prised. After all, the Arab League boycott of dient, the Administrator shall— gentleman from New York? ‘‘(i) reassess each associated tolerance and Israel has been a total failure. We and the Eu- There was no objection. ropeans all prevented our companies from exemption from the requirement for a toler- A motion to reconsider was laid on ance issued under section 408 of the Federal complying. The same thing could happen with the table. Food, Drug, and Cosmetic Act (21 U.S.C. this legislation. f 346a); Third, this bill could prove a mistake be- ‘‘(ii) determine whether such tolerance or cause it provides the leaders of Iran and Libya GENERAL LEAVE exemption meets the requirements of that with a convenient excuse for their own fail- Mr. GILMAN. Mr. Speaker, I ask Act; ures. Both regimes have inflicted great suffer- unanimous consent that all Members ‘‘(iii) determine whether additional toler- ing on their people. The elites siphon off more may have 5 legislative days within ances or exemptions should be issued; and more money to prop up their own posi- which to revise and extend their re- ‘‘(iv) publish in the Federal Register a no- tice setting forth the determinations made tions. But as the discontent rises among the marks on the legislation just consid- under this subparagraph; and Libyan and Iranian people, Qadhafi and the ered. ‘‘(v) commence promptly such proceedings Ayatollahs will just point to the United States The SPEAKER pro tempore. Is there under this Act and section 408 of the Federal and say: ``See what the Americans are doing objection to the request of the gen- Food, Drug, and Cosmetic Act as are war- to you.'' tleman from New York? ranted by such determinations.’’. H8128 CONGRESSIONAL RECORD — HOUSE July 23, 1996 SEC. 104. SCIENTIFIC ADVISORY PANEL. tive ingredient other than the nitrogen sta- sanitizers or disinfectants; or who otherwise Section 25(d) (7 U.S.C. 136w(d)) is amend- bilizer.’’. apply ready to use consumer products pes- ed— SEC. 106. PERIODIC REGISTRATION REVIEW. ticides.’’. (1) in the first sentence, by striking ‘‘The (a) SECTION 6.—Section 6 (7 U.S.C. 136d) is SEC. 121. MINIMUM REQUIREMENTS FOR TRAIN- Administrator shall’’ and inserting: amended— ING OF MAINTENANCE APPLICA- ‘‘(1) IN GENERAL.—The Administrator (1) in subsection (a), by striking the head- TORS AND SERVICE TECHNICIANS. shall’’; and ing and inserting the following: The Federal Insecticide, Fungicide, and (2) by adding at the end the following: ‘‘(a) EXISTING STOCKS AND INFORMATION.—’’; Rodenticide Act (7 U.S.C. 136 et seq.) is ‘‘(2) SCIENCE REVIEW BOARD.—There is es- and amended— tablished a Science Review Board to consist (2) by amending paragraph (1) of subsection (1) by redesignating sections 30 and 31 as of 60 scientists who shall be available to the (a) to read as follows: sections 33 and 34, respectively; and Scientific Advisory Panel to assist in re- ‘‘(1) EXISTING STOCKS.—The Administrator (2) by adding after section 29 the following: views conducted by the Panel. Members of may permit the continued sale and use of ex- ‘‘SEC. 30. MINIMUM REQUIREMENTS FOR TRAIN- the Board shall be selected in the same man- isting stocks of a pesticide whose registra- ING OF MAINTENANCE APPLICA- ner as members of temporary subpanels cre- tion is suspended or canceled under this sec- TORS AND SERVICE TECHNICIANS. ated under paragraph (1). Members of the tion, or section 3 or 4, to such extent, under ‘‘Each State may establish minimum re- Board shall be compensated in the same such conditions, and for such uses as the Ad- quirements for training of maintenance ap- manner as members of the Panel.’’. ministrator determines that such sale or use plicators and service technicians. Such SEC. 105. NITROGEN STABILIZER. is not inconsistent with the purposes of this training may include instruction in the safe (a) SECTION 2.—Section 2 (7 U.S.C. 136) is Act.’’. and effective handling and use of pesticides amended— (b) SECTION 3.—Section 3 (7 U.S.C. 136a) is in accordance with the Environmental Pro- (1) in subsection (a)— amended by adding at the end the following: tection Agency approved labeling, and in- (A) in paragraph (1) by striking ‘‘or’’ after ‘‘(g) REGISTRATION REVIEW.— struction in integrated pest management ‘‘defoliant,’’ and inserting ‘‘, or nitrogen sta- ‘‘(1)(A) GENERAL RULE.—The registrations techniques. The authority of the Adminis- bilizer’’ after ‘‘desiccant’’; of pesticides are to be periodically reviewed. trator with respect to minimum require- (B) at the end of paragraph (3) by striking The Administrator shall by regulation estab- ments for training of maintenance applica- ‘‘and’’; lish a procedure for accomplishing the peri- tors and service technicians shall be limited (C) at the end of paragraph (4) by striking odic review of registrations. The goal of to ensuring that each State understands the the period and inserting ‘‘; and’’; and these regulations shall be a review of a pes- provisions of this section.’’. (D) at the end by adding the following: ticide’s registration every 15 years. No reg- TITLE II—MINOR USE CROP PROTECTION, ‘‘(5) in the case of a nitrogen stabilizer, an istration shall be canceled as a result of the ANTIMICROBIAL PESTICIDE REGISTRA- ingredient which will prevent or hinder the registration review process unless the Ad- TION REFORM, AND PUBLIC HEALTH process of nitrification, denitrification, am- ministrator follows the procedures and sub- PESTICIDES monia volatilization, or urease production stantive requirements of section 6. SEC. 201. REFERENCE. through action affecting soil bacteria.’’; ‘‘(B) LIMITATION.—Nothing in this sub- Whenever in this title an amendment or re- (2) in subsection (u), by striking ‘‘and’’ be- section shall prohibit the Administrator peal is expressed in terms of an amendment fore ‘‘(2)’’ and by inserting ‘‘and (3) any ni- from undertaking any other review of a pes- to, or repeal of, a section or other provision, trogen stabilizer,’’ after ‘‘desiccant,’’; and ticide pursuant to this Act. the reference shall be considered to be made (3) at the end by adding the following: ‘‘(2)(A) DATA.—The Administrator shall use to a section or other provision of the Federal ‘‘(hh) NITROGEN STABILIZER.—The term ‘ni- the authority in subsection (c)(2)(B) to re- Insecticide, Fungicide, and Rodenticide Act. trogen stabilizer’ means any substance or quire the submission of data when such data Subtitle A—Minor Use Crop Protection mixture of substances intended for prevent- are necessary for a registration review. ing or hindering the process of nitrification, ‘‘(B) DATA SUBMISSION, COMPENSATION, AND SEC. 210. MINOR CROP PROTECTION. denitrification, ammonia volatilization, or EXEMPTION.—For purposes of this subsection, (a) DEFINITION.—Section 2 (7 U.S.C. 136), as urease production through action upon soil the provisions of subsections (c)(1), (c)(2)(B), amended by section 120, is further amended bacteria. Such term shall not include— and (c)(2)(D) shall be utilized for and be ap- by adding at the end the following: ‘‘(1) dicyandiamide; plicable to any data required for registration ‘‘(ll) MINOR USE.—The term ‘minor use’ ‘‘(2) ammonium thiosulfate; or review.’’. means the use of a pesticide on an animal, on ‘‘(3) any substance or mixture of sub- Subtitle B—Training for Maintenance a commercial agricultural crop or site, or for stances.— Applicators and Service Technicians the protection of public health where— ‘‘(1) the total United States acreage for the ‘‘(A) that was not registered pursuant to SEC. 120. MAINTENANCE APPLICATORS AND section 3 prior to January 1, 1992; and SERVICE TECHNICIANS DEFINI- crop is less than 300,000 acres, as determined ‘‘(B) that was in commercial agronomic TIONS. by the Secretary of Agriculture; or use prior to January 1, 1992, with respect to Section 2 (7 U.S.C. 136), as amended by sec- ‘‘(2) the Administrator, in consultation which after January 1, 1992, the distributor tion 106, is amended by adding at the end the with the Secretary of Agriculture, deter- or seller of the substance or mixture has following: mines that, based on information provided made no specific claim of prevention or hin- ‘‘(jj) MAINTENANCE APPLICATOR.—The term by an applicant for registration or a reg- dering of the process of nitrification, ‘maintenance applicator’ means any individ- istrant, the use does not provide sufficient denitrification, ammonia volatilization ual who, in the principal course of such indi- economic incentive to support the initial urease production regardless of the actual vidual’s employment, uses, or supervises the registration or continuing registration of a use or purpose for, or future use or purpose use of, a pesticide not classified for re- pesticide for such use and— for, the substance or mixture. stricted use (other than a ready to use ‘‘(A) there are insufficient efficacious al- Statements made in materials required to be consumer products pesticides); for the pur- ternative registered pesticides available for submitted to any State legislative or regu- pose of providing structural pest control or the use; latory authority, or required by such author- lawn pest control including janitors, general ‘‘(B) the alternatives to the pesticide use ity to be included in the labeling or other lit- maintenance personnel, sanitation person- pose greater risks to the environment or erature accompanying any such substance or nel, and grounds maintenance personnel. The human health; mixture shall not be deemed a specific claim term ‘maintenance applicator’ does not in- ‘‘(C) the minor use pesticide plays or will within the meaning of this subsection.’’. clude private applicators as defined in sec- play a significant part in managing pest re- (b) SECTION 3(f).—Section 3(f) (7 U.S.C. tion 2(e)(2); individuals who use sistance; or 136a(f)) is amended by adding at the end the antimicrobial pesticides, sanitizers or dis- ‘‘(D) the minor use pesticide plays or will following: infectants; individuals employed by Federal, play a significant part in an integrated pest ‘‘(4) MIXTURES OF NITROGEN STABILIZERS State, and local governments or any politi- management program. AND FERTILIZER PRODUCTS.—Any mixture or cal subdivisions thereof, or individuals who The status as a minor use under this sub- other combination of— use pesticides not classified for restricted section shall continue as long as the Admin- ‘‘(A) 1 or more nitrogen stabilizers reg- use in or around their homes, boats, sod istrator has not determined that, based on istered under this Act; and farms, nurseries, greenhouses, or other non- existing data, such use may cause an unrea- ‘‘(B) 1 or more fertilizer products, commercial property. sonable adverse effect on the environment shall not be subject to the provisions of this ‘‘(kk) SERVICE TECHNICIAN.—The term and the use otherwise qualifies for such sta- section or sections 4, 5, 7, 15, and 17(a)(2) if ‘service technician’ means any individual tus.’’. the mixture or other combination is accom- who uses or supervises the use of pesticides (b) EXCLUSIVE USE OF MINOR USE PES- panied by the labeling required under this (other than a ready to use consumer prod- TICIDES.—Section 3(c)(1)(F) (7 U.S.C. Act for the nitrogen stabilizer contained in ucts pesticide) for the purpose of providing 136a(c)(1)(F)) is amended— the mixture or other combination, the mix- structural pest control or lawn pest control (1) by redesignating clauses (ii) and (iii) as ture or combination is mixed or combined in on the property of another for a fee. The clauses (iii) and (iv), respectively; and accordance with such labeling, and the mix- term ‘service technician’ does not include in- (2) by inserting after clause (i) the follow- ture or combination does not contain any ac- dividuals who use antimicrobial pesticides, ing: July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8129 ‘‘(ii) The period of exclusive data use pro- use, extend the deadline for the production met the schedule for the production of such vided under clause (i) shall be extended 1 ad- of residue chemistry data under this sub- data, the Administrator may proceed in ac- ditional year for each 3 minor uses registered paragraph for data required solely to support cordance with clause (iv) of section 3(c)(2)(B) after the date of enactment of this clause that minor use until the final deadline for or other provisions of this section, as appro- and within 7 years of the commencement of submission of data under section 4 for the priate, regarding the continued registration the exclusive use period, up to a total of 3 other uses of the pesticide established as of of the affected products with the minor use additional years for all minor uses registered the date of enactment of the Food Quality and shall inform the public of such action. by the Administrator if the Administrator, Protection Act of 1996, if— Notwithstanding the provisions of this sub- in consultation with the Secretary of Agri- ‘‘(I) the data to support other uses of the paragraph, the Administrator may take ac- culture, determines that, based on informa- pesticide on a food are being provided; tion to modify or revoke the extension under tion provided by an applicant for registra- ‘‘(II) the registrant, in submitting a re- this subparagraph if the Administrator de- tion or a registrant, that— quest for such an extension, provides a termines that the extension for the minor ‘‘(I) there are insufficient efficacious alter- schedule, including interim dates to measure use may cause an unreasonable adverse af- native registered pesticides available for the progress, to assure that the data production fect on the environment. In such cir- use; will be completed before the expiration of cumstance, the Administrator shall provide ‘‘(II) the alternatives to the minor use pes- the extension period; written notice to the registrant revoking the ticide pose greater risks to the environment ‘‘(III) the Administrator has determined extension of time for submission of data. or human health; that such extension will not significantly Such data shall instead be due in accordance ‘‘(III) the minor use pesticide plays or will delay the Administrator’s schedule for issu- with the date then established by the Admin- play a significant part in managing pest re- ing a reregistration eligibility determination istrator for submission of the data.’’. sistance; or required under section 4; and (d) MINOR USE WAIVER.—Section 3(c)(2) (7 ‘‘(IV) the minor use pesticide plays or will ‘‘(IV) the Administrator has determined U.S.C. 136a(c)(2)) is amended— play a significant part in an integrated pest that based on existing data, such extension (1) by inserting ‘‘IN GENERAL.—’’ after management program. would not significantly increase the risk of ‘‘(A)’’; any unreasonable adverse effect on the envi- (2) by inserting ‘‘ADDITIONAL DATA.—’’ after The registration of a pesticide for a minor ronment. If the Administrator grants an ex- ‘‘(B)’’; use on a crop grouping established by the tension under this clause, the Administrator (3) by inserting ‘‘SIMPLIFIED PROCEDURES.— Administrator shall be considered for pur- shall monitor the development of the data ’’ after ‘‘(C)’’; and poses of this clause 1 minor use for each rep- and shall ensure that the registrant is meet- (4) by adding at the end the following: resentative crop for which data are provided ing the schedule for the production of the ‘‘(E) MINOR USE WAIVER.—In handling the in the crop grouping. Any additional exclu- data. If the Administrator determines that registration of a pesticide for a minor use, sive use period under this clause shall be the registrant is not meeting or has not met the Administrator may waive otherwise ap- modified as appropriate or terminated if the the schedule for the production of such data, plicable data requirements if the Adminis- registrant voluntarily cancels the product or the Administrator may proceed in accord- trator determines that the absence of such deletes from the registration the minor uses ance with clause (iv) regarding the continued data will not prevent the Administrator which formed the basis for the extension of registration of the affected products with the from determining— the additional exclusive use period or if the minor use and shall inform the public of such ‘‘(i) the incremental risk presented by the Administrator determines that the reg- action. Notwithstanding the provisions of minor use of the pesticide; and istrant is not actually marketing the prod- this clause, the Administrator may take ac- ‘‘(ii) that such risk, if any, would not be an uct for such minor uses.’’; tion to modify or revoke the extension under unreasonable adverse effect on the environ- (3) in clause (iv), as amended by paragraph this clause if the Administrator determines ment.’’. (1), by striking ‘‘and (ii)’’ and inserting ‘‘, that the extension for the minor use may (e) EXPEDITING MINOR USE REGISTRA- (ii), and (iii)’’; and cause an unreasonable adverse effect on the TIONS.—Section 3(c)(3) (7 U.S.C. 136a(c)(3)) is (4) at the end of the section, as amended by environment. In such circumstance, the Ad- amended — paragraph (1), by adding the following: ministrator shall provide, in writing to the (1) by inserting after ‘‘(A)’’ the following: ‘‘(v) The period of exclusive use provided registrant, a notice revoking the extension ‘‘IN GENERAL.—’’; under clause (ii) shall not take into effect of time for submission of data. Such data (2) by inserting after ‘‘(B)’’ the following: until 1 year after enactment of this clause, shall instead be due in accordance with the ‘‘IDENTICAL OR SUBSTANTIALLY SIMILAR.—’’; except where an applicant or registrant is date established by the Administrator for and applying for the registration of a pesticide the submission of the data.’’. (3) by adding at the end the following: containing an active ingredient not pre- (2) REREGISTRATION.—Sections 4(d)(4)(B), ‘‘(C) MINOR USE REGISTRATION.— viously registered. 4(e)(2)(B), and 4(f)(2)(B) (7 U.S.C. 136a– ‘‘(i) The Administrator shall, as expedi- ‘‘(vi) With respect to data submitted after 1(d)(4)(B), (e)(2)(B), and (f)(2)(B)) are each tiously as possible, review and act on any the date of enactment of this clause by an amended by adding at the end the following: complete application— applicant or registrant to support an amend- ‘‘Upon application of a registrant, the Ad- ‘‘(I) that proposes the initial registration ment adding a new use to an existing reg- ministrator shall, in the case of a minor use, of a new pesticide active ingredient if the ac- istration that does not retain any period of extend the deadline for the production of res- tive ingredient is proposed to be registered exclusive use, if such data relates solely to a idue chemistry data under this subparagraph solely for minor uses, or proposes a registra- minor use of a pesticide, such data shall not, for data required solely to support that tion amendment solely for minor uses to an without the written permission of the origi- minor use until the final deadline for sub- existing registration; or nal data submitter, be considered by the Ad- mission of data under this section for the ‘‘(II) for a registration or a registration ministrator to support an application for a other uses of the pesticide established as of amendment that proposes significant minor minor use by another person during the pe- the date of enactment of the Food Quality uses. riod of 10 years following the date of submis- Protection Act of 1996 if— ‘‘(ii) For the purposes of clause (i)— sion of such data. The applicant or reg- ‘‘(i) the data to support other uses of the ‘‘(I) the term ‘as expeditiously as possible’ istrant at the time the new minor use is re- pesticide on a food are being provided; means that the Administrator shall, to the quested shall notify the Administrator that ‘‘(ii) the registrant, in submitting a re- greatest extent practicable, complete a re- to the best of their knowledge the exclusive quest for such an extension provides a sched- view and evaluation of all data, submitted use period for the pesticide has expired and ule, including interim dates to measure with a complete application, within 12 that the data pertaining solely to the minor progress, to assure that the data production months after the submission of the complete use of a pesticide is eligible for the provi- will be completed before the expiration of application, and the failure of the Adminis- sions of this paragraph. If the minor use reg- the extension period; trator to complete such a review and evalua- istration which is supported by data submit- ‘‘(iii) the Administrator has determined tion under clause (i) shall not be subject to ted pursuant to this subsection is volun- that such extension will not significantly judicial review; and tarily canceled or if such data are subse- delay the Administrator’s schedule for issu- ‘‘(II) the term ‘significant minor uses’ quently used to support a nonminor use, the ing a reregistration eligibility determination means 3 or more minor uses proposed for data shall no longer be subject to the exclu- required under this section; and every nonminor use, a minor use that would, sive use provisions of this clause but shall ‘‘(iv) the Administrator has determined in the judgment of the Administrator, serve instead be considered by the Administrator that based on existing data, such extension as a replacement for any use which has been in accordance with the provisions of clause would not significantly increase the risk of canceled in the 5 years preceding the receipt (i), as appropriate.’’. any unreasonable adverse effect on the envi- of the application, or a minor use that in the (c) TIME EXTENSIONS FOR DEVELOPMENT OF ronment. If the Administrator grants an ex- opinion of the Administrator would avoid MINOR USE DATA.— tension under this subparagraph, the Admin- the reissuance of an emergency exemption (1) DATA CALL-IN.—Section 3(c)(2)(B) (7 istrator shall monitor the development of under section 18 for that minor use. U.S.C. 136a(c)(2)(B)) is amended by adding at the data and shall ensure that the registrant ‘‘(D) ADEQUATE TIME FOR SUBMISSION OF the end the following: is meeting the schedule for the production of MINOR USE DATA.—If a registrant makes a re- ‘‘(vi) Upon the request of a registrant the the data. If the Administrator determines quest for a minor use waiver, regarding data Administrator shall, in the case of a minor that the registrant is not meeting or has not required by the Administrator, pursuant to H8130 CONGRESSIONAL RECORD — HOUSE July 23, 1996 paragraph (2)(E), and if the Administrator paragraph in regard to such unsupported the schedule for the production of such data, denies in whole or in part such data waiver minor use until the final deadline estab- the Administrator may proceed in accord- request, the registrant shall have a full-time lished as of the date of enactment of the ance with clause (iv) of this subparagraph re- period for providing such data. For purposes Food Quality Protection Act of 1996, for the garding the continued registration of the af- of this subparagraph, the term ‘full-time pe- submission of data under this section for the fected products with the minor and other riod’ means the time period originally estab- supported uses identified pursuant to this uses and shall inform the public of such ac- lished by the Administrator for submission subparagraph unless the Administrator de- tion in accordance with section 6(f)(2). Not- of such data, beginning with the date of re- termines that the absence of the data is sig- withstanding the provisions of this clause, ceipt by the registrant of the Administra- nificant enough to cause human health or the Administrator may deny, modify, or re- tor’s notice of denial.’’. environmental concerns. On the basis of such voke the temporary extension under this (f) TEMPORARY EXTENSION OF REGISTRATION determination, the Administrator may subparagraph if the Administrator deter- FOR UNSUPPORTED MINOR USES.— refuse the request for extension by the reg- mines that the continuation of the minor use (1) REREGISTRATION.— istrant. Upon receipt of the request from the may cause an unreasonable adverse effect on (A) Sections 4(d)(6) and 4(f)(3) (7 U.S.C. registrant, the Administrator shall publish the environment. In the event of modifica- 136a–1(d)(6) and (f)(3)) are each amended by in the Federal Register a notice of the re- tion or revocation, the Administrator shall adding at the end the following: ‘‘If the reg- ceipt of the request and the effective date provide, in writing, to the registrant a notice istrant does not commit to support a specific upon which the uses not being supported will revoking the temporary extension and estab- minor use of the pesticide, but is supporting be voluntarily deleted from the registration lish a new effective date by which the minor and providing data in a timely and adequate pursuant to section 6(f)(1). If the Adminis- use shall be deleted from the registration.’’. fashion to support uses of the pesticide on a trator grants an extension under this sub- (g) Section 6(f) (7 U.S.C. 136d(f)) is amend- food, or if all uses of the pesticide are paragraph, the Administrator shall monitor ed— nonfood uses and the registrant does not the development of the data for the uses (1) in paragraph (1)(C)(ii) by striking ‘‘90- commit to support a specific minor use of being supported and shall ensure that the day’’ each place it appears and inserting the pesticide but is supporting and providing registrant is meeting the schedule for the ‘‘180-day’’; and data in a timely and adequate fashion to sup- production of such data. If the Adminis- (2) in paragraph (3)(A) by striking ‘‘90-day’’ port other nonfood uses of the pesticide, the trator determines that the registrant is not and inserting ‘‘180-day’’. Administrator, at the written request of the meeting or has not met the schedule for the (h) UTILIZATION OF DATA FOR VOLUNTARILY registrant, shall not take any action pursu- production of such data, the Administrator CANCELED CHEMICALS.—Section 6(f) (7 U.S.C. ant to this paragraph in regard to such un- may proceed in accordance with section 136d(f)) is amended by adding at the end the supported minor use until the final deadline 3(c)(2)(B)(iv) regarding the continued reg- following: established as of the date of enactment of istration of the affected products with the ‘‘(4) UTILIZATION OF DATA FOR VOLUNTARILY the Food Quality Protection Act of 1996, for minor and other uses and shall inform the CANCELED PESTICIDE.—When an application is the submission of data under this section for public of such action in accordance with sec- filed with the Administrator for the registra- the supported uses identified pursuant to tion 6(f)(2). Notwithstanding this subpara- tion of a pesticide for a minor use and an- this paragraph unless the Administrator de- graph, the Administrator may deny, modify, other registrant subsequently voluntarily termines that the absence of the data is sig- or revoke the temporary extension under cancels its registration for an identical or nificant enough to cause human health or this subparagraph if the Administrator de- substantially similar pesticide for an iden- environmental concerns. On such a deter- termines that the continuation of the minor tical or substantially similar use, the Ad- mination the Administrator may refuse the use may cause an unreasonable adverse ef- ministrator shall process, review, and evalu- request for extension by the registrant. Upon fect on the environment. In the event of ate the pending application as if the vol- receipt of the request from the registrant, modification or revocation, the Adminis- untary cancellation had not yet taken place the Administrator shall publish in the Fed- trator shall provide, in writing, to the reg- except that the Administrator shall not take eral Register a notice of the receipt of the istrant a notice revoking the temporary ex- such action if the Administrator determines request and the effective date upon which tension and establish a new effective date by that such minor use may cause an unreason- the uses not being supported will be volun- which the minor use shall be deleted from able adverse effect on the environment. In tarily deleted from the registration pursuant the registration.’’. order to rely on this subsection, the appli- to section 6(f)(1). If the Administrator grants (2) DATA.—Section 3(c)(2)(B) (7 U.S.C. an extension under this paragraph, the Ad- 136a(c)(2)(B)), as amended by subsection cant must certify that it agrees to satisfy ministrator shall monitor the development (c)(1), is further amended by adding at the any outstanding data requirements nec- of the data for the uses being supported and end the following: essary to support the reregistration of the shall ensure that the registrant is meeting ‘‘(vii) If the registrant does not commit to pesticide in accordance with the data sub- the schedule for the production of such data. support a specific minor use of the pesticide, mission schedule established by the Admin- If the Administrator determines that the but is supporting and providing data in a istrator.’’. registrant is not meeting or has not met the timely and adequate fashion to support uses (i) ENVIRONMENTAL PROTECTION AGENCY schedule for the production of such data, the of the pesticide on a food, or if all uses of the MINOR USE PROGRAM.—The Federal Insecti- Administrator may proceed in accordance pesticide are nonfood uses and the registrant cide, Fungicide, and Rodenticide Act (7 with section 3(c)(2)(B)(iv) regarding the con- does not commit to support a specific minor U.S.C. 136 et seq.), as amended by section 121, tinued registration of the affected products use of the pesticide but is supporting and is amended by adding after section 30 the fol- with the minor and other uses and shall in- providing data in a timely and adequate lowing: form the public of such action in accordance fashion to support other nonfood uses of the ‘‘SEC. 31. ENVIRONMENTAL PROTECTION AGENCY with section 6(f)(2). Notwithstanding this pesticide, the Administrator, at the written MINOR USE PROGRAM. subparagraph, the Administrator may deny, request of the registrant, shall not take any ‘‘(a) The Administrator shall assure coordi- modify, or revoke the temporary extension action pursuant to this clause in regard to nation of minor use issues through the estab- under this paragraph if the Administrator such unsupported minor use until the final lishment of a minor use program within the determines that the continuation of the deadline established as of the date of enact- Office of Pesticide Programs. Such office minor use may cause an unreasonable ad- ment of the Food Quality Protection Act of shall be responsible for coordinating the de- verse effect on the environment. In the event 1996, for the submission of data under section velopment of minor use programs and poli- of modification or revocation, the Adminis- 4 for the supported uses identified pursuant cies and consulting with growers regarding trator shall provide, in writing, to the reg- to this clause unless the Administrator de- minor use issues and registrations and istrant a notice revoking the temporary ex- termines that the absence of the data is sig- amendments which are submitted to the En- tension and establish a new effective date by nificant enough to cause human health or vironmental Protection Agency. which the minor use shall be deleted from environmental concerns. On the basis of such ‘‘(b) The Office of Pesticide Programs shall the registration.’’. determination, the Administrator may prepare a public report concerning the (B) Section 4(e)(3)(A) (7 U.S.C. 136a– refuse the request for extension by the reg- progress made on the registration of minor 1(e)(3)(A)) is amended by adding at the end istrant. Upon receipt of the request from the uses, including implementation of the exclu- the following: ‘‘If the registrant does not registrant, the Administrator shall publish sive use as an incentive for registering new commit to support a specific minor use of in the Federal Register a notice of the re- minor uses, within 3 years of the passage of the pesticide, but is supporting and provid- ceipt of the request and the effective date the Food Quality Protection Act of 1996.’’. ing data in a timely and adequate fashion to upon which the uses not being supported will (j) DEPARTMENT OF AGRICULTURE MINOR support uses of the pesticide on a food, or if be voluntarily deleted from the registration USE PROGRAM.—The Federal Insecticide, all uses of the pesticide are nonfood uses and pursuant to section 6(f)(1). If the Adminis- Fungicide, and Rodenticide Act (7 U.S.C. 136 the registrant does not commit to support a trator grants an extension under this clause, et seq.), as amended by subsection (i), is specific minor use of the pesticide but is sup- the Administrator shall monitor the develop- amended by adding after section 31 the fol- porting and providing data in a timely and ment of the data for the uses being supported lowing: adequate fashion to support other nonfood and shall ensure that the registrant is meet- ‘‘SEC. 32. DEPARTMENT OF AGRICULTURE MINOR uses of the pesticide, the Administrator, at ing the schedule for the production of such USE PROGRAM. the written request of the registrant, shall data. If the Administrator determines that ‘‘(a) IN GENERAL.—The Secretary of Agri- not take any action pursuant to this sub- the registrant is not meeting or has not met culture (hereinafter in this section referred July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8131

to as the ‘Secretary’) shall assure the coordi- (2) by adding at the end the following: ‘‘(ii) DISAPPROVAL.—Not later than 30 days nation of the responsibilities of the Depart- ‘‘(mm) ANTIMICROBIAL PESTICIDE.— after receipt of a notification under clause ment of Agriculture related to minor uses of ‘‘(1) IN GENERAL.—The term ‘antimicrobial (i), the Administrator may disapprove the pesticides, including— pesticide’ means a pesticide that— modification by sending the registrant noti- ‘‘(1) carrying out the Inter-Regional ‘‘(A) is intended to— fication in writing stating that the proposed Project Number 4 (IR–4) as described in sec- ‘‘(i) disinfect, sanitize, reduce, or mitigate language is not acceptable and stating the tion 2 of Public Law 89–106 (7 U.S.C. 450i(e)) growth or development of microbiological reasons why the Administrator finds the pro- and the national pesticide resistance mon- organisms; or posed modification unacceptable. itoring program established under section ‘‘(ii) protect inanimate objects, industrial ‘‘(iii) RESTRICTION ON SALE.—A registrant 1651 of the Food, Agriculture, Conservation, processes or systems, surfaces, water, or may not sell or distribute a product bearing and Trade Act of 1990 (7 U.S.C. 5882); other chemical substances from contamina- a disapproved modification. ‘‘(2) supporting integrated pest manage- tion, fouling, or deterioration caused by bac- ‘‘(iv) OBJECTION.—A registrant may file an ment research; teria, viruses, fungi, protozoa, algae, or objection in writing to a disapproval under ‘‘(3) consulting with growers to develop slime; and clause (ii) not later than 30 days after receipt data for minor uses; and ‘‘(B) in the intended use is exempt from, or of notification of the disapproval. ‘‘(4) providing assistance for minor use reg- otherwise not subject to, a tolerance under ‘‘(v) FINAL ACTION.—A decision by the Ad- istrations, tolerances, and reregistrations section 408 of the Federal Food, Drug, and ministrator following receipt and consider- with the Environmental Protection Agency. Cosmetic Act (21 U.S.C. 346a and 348) or a ation of an objection filed under clause (iv) ‘‘(b)(1) MINOR USE PESTICIDE DATA.— food additive regulation under section 409 of shall be considered a final agency action. ‘‘(A) GRANT AUTHORITY.—The Secretary, in such Act. ‘‘(D) USE DILUTION.—The label or labeling consultation with the Administrator, shall ‘‘(2) EXCLUDED PRODUCTS.—The term required under this Act for an antimicrobial establish a program to make grants for the ‘antimicrobial pesticide’ does not include — pesticide that is or may be diluted for use development of data to support minor use ‘‘(A) a wood preservative or antifouling may have a different statement of caution or pesticide registrations and reregistrations. paint product for which a claim of pesticidal protective measures for use of the rec- The amount of any such grant shall not ex- activity other than or in addition to an ac- ommended diluted solution of the pesticide ceed 1⁄2 of the cost of the project for which tivity described in paragraph (1) is made; than for use of a concentrate of the pesticide the grant is made. ‘‘(B) an agricultural fungicide product; or if the Administrator determines that — ‘‘(B) APPLICANTS.—Any person who wants ‘‘(C) an aquatic herbicide product. ‘‘(i) adequate data have been submitted to to develop data to support minor use pes- ‘‘(3) INCLUDED PRODUCTS.—The term support the statement proposed for the di- ticide registrations and reregistrations may ‘antimicrobial pesticide’ does include any luted solution uses; and apply for a grant under subparagraph (A). other chemical sterilant product (other than ‘‘(ii) the label or labeling provides ade- Priority shall be given to an applicant for liquid chemical sterilant products exempt quate protection for exposure to the diluted such a grant who does not directly receive under subsection (u)), any other disinfectant solution of the pesticide.’’. funds from the sale of pesticides registered product, any other industrial microbiocide SEC. 224. REGISTRATION REQUIREMENTS FOR for minor uses. product, and any other preservative product ANTIMICROBIAL PESTICIDES. ‘‘(C) DATA OWNERSHIP.—Any data that is that is not excluded by paragraph (2).’’. Section 3 (7 U.S.C. 136a), as amended by developed under a grant under subparagraph SEC. 222. FEDERAL AND STATE DATA COORDINA- section 106(b), is further amended by adding (A) shall be jointly owned by the Department TION. at the end the following: of Agriculture and the person who received Section 3(c)(2)(B) (7 U.S.C. 136a(c)(2)(B)), as ‘‘(h) REGISTRATION REQUIREMENTS FOR the grant. Such a person shall enter into an amended by section 210(f)(2), is amended by ANTIMICROBIAL PESTICIDES.— agreement with the Secretary under which adding at the end the following: ‘‘(1) EVALUATION OF PROCESS.—To the maxi- such person shall share any fee paid to such ‘‘(viii)(I) If data required to support reg- mum extent practicable consistent with the person under section 3(c)(1)(F). istration of a pesticide under subparagraph degrees of risk presented by a antimicrobial ‘‘(2) MINOR USE PESTICIDE DATA REVOLVING (A) is requested by a Federal or State regu- pesticide and the type of review appropriate FUND.— latory authority, the Administrator shall, to to evaluate the risks, the Administrator ‘‘(A) ESTABLISHMENT.—There is established the extent practicable, coordinate data re- shall identify and evaluate reforms to the in the Treasury of the United States a re- quirements, test protocols, timetables, and antimicrobial registration process that volving fund to be known as the Minor Use standards of review and reduce burdens and would reduce review periods existing as of Pesticide Data Revolving Fund. The Fund redundancy caused to the registrant by mul- the date of enactment of this subsection for shall be available without fiscal year limita- tiple requirements on the registrant. antimicrobial pesticide product registration tion to carry out the authorized purposes of ‘‘(II) The Administrator may enter into a applications and applications for amended this subsection. cooperative agreement with a State to carry registration of antimicrobial pesticide prod- ‘‘(B) CONTENTS OF THE FUND.—There shall out subclause (I). ucts, including— be deposited in the Fund— ‘‘(III) Not later than 1 year after the date ‘‘(A) new antimicrobial active ingredients; ‘‘(i) such amounts as may be appropriated of enactment of this clause, the Adminis- ‘‘(B) new antimicrobial end-use products; to support the purposes of this subsection; trator shall develop a process to identify and ‘‘(C) substantially similar or identical and assist in alleviating future disparities be- antimicrobial pesticides; and ‘‘(ii) fees collected by the Secretary for tween Federal and State data require- ‘‘(D) amendments to antimicrobial pes- any data developed under a grant under ments.’’. ticide registrations. paragraph (1)(A). SEC. 223. LABEL AND LABELING. ‘‘(2) REVIEW TIME PERIOD REDUCTION GOAL.— ‘‘(C) AUTHORIZATIONS OF APPROPRIATIONS.— Section 3(c) (7 U.S.C. 136a(c)) is amended Each reform identified under paragraph (1) There are authorized to be appropriated for by adding at the end the following: shall be designed to achieve the goal of re- each fiscal year to carry out the purposes of ‘‘(9) LABELING.— ducing the review period following submis- this subsection $10,000,000 to remain avail- ‘‘(A) ADDITIONAL STATEMENTS.—Subject to sion of a complete application, consistent able until expended.’’. subparagraphs (B) and (C), it shall not be a with the degree of risk, to a period of not Subtitle B—Antimicrobial Pesticide violation of this Act for a registrant to mod- more than — Registration Reform ify the labeling of an antimicrobial pesticide ‘‘(A) 540 days for a new antimicrobial ac- SEC. 221. DEFINITIONS. product to include relevant information on tive ingredient pesticide registration; Section 2 (7 U.S.C. 136), as amended by sec- product efficacy, product composition, con- ‘‘(B) 270 days for a new antimicrobial use of tion 210(a) is further amended— tainer composition or design, or other char- a registered active ingredient; (1) in subsection (u), by adding at the end acteristics that do not relate to any pes- ‘‘(C) 120 days for any other new the following: ‘‘The term ‘pesticide’ does not ticidal claim or pesticidal activity. antimicrobial product; include liquid chemical sterilant products ‘‘(B) REQUIREMENTS.—Proposed labeling in- ‘‘(D) 90 days for a substantially similar or (including any sterilant or subordinate dis- formation under subparagraph (A) shall not identical antimicrobial product; infectant claims on such products) for use on be false or misleading, shall not conflict ‘‘(E) 90 days for an amendment to an a critical or semi-critical device, as defined with or detract from any statement required antimicrobial registration that does not re- in section 201 of the Federal Food, Drug, and by law or the Administrator as a condition quire scientific review of data; and Cosmetic Act (21 U.S.C. 321). For purposes of of registration, and shall be substantiated on ‘‘(F) 90 to 180 days for an amendment to an the preceding sentence, the term ‘critical de- the request of the Administrator. antimicrobial registration that requires sci- vice’ includes any device which is introduced ‘‘(C) NOTIFICATION AND DISAPPROVAL.— entific review of data and that is not other- directly into the human body, either into or ‘‘(i) NOTIFICATION.—A registration may be wise described in this paragraph. in contact with the bloodstream or normally modified under subparagraph (A) if — ‘‘(3) IMPLEMENTATION.— sterile areas of the body and the term ‘semi- ‘‘(I) the registrant notifies the Adminis- ‘‘(A) PROPOSED RULEMAKING.— critical device’ includes any device which trator in writing not later than 60 days prior ‘‘(i) ISSUANCE.—Not later than 270 days contacts intact mucous membranes but to distribution or sale of a product bearing after the date of enactment of this sub- which does not ordinarily penetrate the the modified labeling; and section, the Administrator shall publish in blood barrier or otherwise enter normally ‘‘(II) the Administrator does not dis- the Federal Register proposed regulations to sterile areas of the body.’’; and approve of the modification under clause (ii). accelerate and improve the review of H8132 CONGRESSIONAL RECORD — HOUSE July 23, 1996 antimicrobial pesticide products designed to ‘‘(iii) 180 days for any other new Subtitle C—Public Health Pesticides implement, to the extent practicable, the antimicrobial product; SEC. 230. DEFINITIONS. goals set forth in paragraph (2). ‘‘(iv) 90 days for a substantially similar or (a) ADVERSE EFFECTS.—Section 2(bb) (7 ‘‘(ii) REQUIREMENTS.—Proposed regulations identical antimicrobial product; U.S.C. 136(bb)) is amended by adding at the issued under clause (i) shall — ‘‘(v) 90 days for an amendment to an end the following: ‘‘The Administrator shall ‘‘(I) define the various classes of antimicrobial registration that does not re- consider the risks and benefits of public antimicrobial use patterns, including house- quire scientific review of data; and health pesticides separate from the risks and hold, industrial, and institutional disinfect- ‘‘(vi) 240 days for an amendment to an benefits of other pesticides. In weighing any ants and sanitizing pesticides, preservatives, antimicrobial registration that requires sci- regulatory action concerning a public health water treatment, and pulp and paper mill ad- entific review of data and that is not other- pesticide under this Act, the Administrator ditives, and other such products intended to wise described in this subparagraph. shall weigh any risks of the pesticide against disinfect, sanitize, reduce, or mitigate ‘‘(E) WOOD PRESERVATIVES.—An application the health risks such as the diseases trans- growth or development of microbiological for the registration, or for an amendment to mitted by the vector to be controlled by the organisms, or protect inanimate objects, in- the registration, of a wood preservative prod- pesticide.’’. dustrial processes or systems, surfaces, uct for which a claim of pesticidal activity (b) NEW DEFINITIONS.—Section 2 (7 U.S.C. water, or other chemical substances from listed in section 2(mm) is made (regardless of 136), as amended by section 221, is amended contamination, fouling, or deterioration any other pesticidal claim that is made with by adding at the end the following: caused by bacteria, viruses, fungi, protozoa, respect to the product) shall be reviewed by ‘‘(nn) PUBLIC HEALTH PESTICIDE.—The term algae, or slime; the Administrator within the same period as ‘public health pesticide’ means any minor ‘‘(II) differentiate the types of review un- that established under this paragraph for an use pesticide product registered for use and dertaken for antimicrobial pesticides; antimicrobial pesticide product application, used predominantly in public health pro- grams for vector control or for other recog- ‘‘(III) conform the degree and type of re- consistent with the degree of risk posed by nized health protection uses, including the view to the risks and benefits presented by the use of the wood preservative product, if prevention or mitigation of viruses, bacteria, antimicrobial pesticides and the function of the application requires the applicant to sat- or other microorganisms (other than viruses, review under this Act, considering the use isfy the same data requirements as are re- patterns of the product, toxicity, expected bacteria, or other microorganisms on or in quired to support an application for a wood living man or other living animal) that pose exposure, and product type; preservative product that is an antimicrobial ‘‘(IV) ensure that the registration process a threat to public health. pesticide. ‘‘(oo) VECTOR.—The term ‘vector’ means is sufficient to maintain antimicrobial pes- ‘‘(F) NOTIFICATION.— ticide efficacy and that antimicrobial pes- any organism capable of transmitting the ‘‘(i) IN GENERAL.—Subject to clause (iii), causative agent of human disease or capable ticide products continue to meet product the Administrator shall notify an applicant performance standards and effectiveness lev- of producing human discomfort or injury, in- whether an application has been granted or cluding mosquitoes, flies, fleas, cockroaches, els for each type of label claim made; and denied not later than the final day of the ap- ‘‘(V) implement effective and reliable dead- or other insects and ticks, mites, or rats.’’. propriate review period under this para- SEC. 231. REGISTRATION. lines for process management. graph, unless the applicant and the Adminis- OMMENTS.—In developing the pro- Section 3(c)(2)(A) (7 U.S.C. 136a(c)(2)(A)) is ‘‘(iii) C trator agree to a later date. posed regulations, the Administrator shall amended— ‘‘(ii) FINAL DECISION.—If the Administrator solicit the views from registrants and other (1) by inserting after ‘‘pattern of use,’’ the fails to notify an applicant within the period affected parties to maximize the effective- following: ‘‘the public health and agricul- of time required under clause (i), the failure ness of the rule development process. tural need for such minor use,’’; and shall be considered an agency action unlaw- ‘‘(B) FINAL REGULATIONS.— (2) by striking ‘‘potential exposure of man fully withheld or unreasonably delayed for ‘‘(i) ISSUANCE.—The Administrator shall and the environment to the pesticide’’ and purposes of judicial review under chapter 7 of issue final regulations not later than 240 inserting ‘‘potential beneficial or adverse ef- title 5, United States Code. days after the close of the comment period fects on man and the environment’’. ‘‘(iii) EXEMPTION.—This subparagraph does for the proposed regulations. SEC. 232. REREGISTRATION. not apply to an application for an ‘‘(ii) FAILURE TO MEET GOAL.—If a goal de- Section 4 (7 U.S.C. 136a–1) is amended— scribed in paragraph (2) is not met by the antimicrobial pesticide that is filed under (1) in subsection (i)(4), by redesignating final regulations, the Administrator shall subsection (c)(3)(B) prior to 90 days after the subparagraphs (B) and (C) as subparagraphs identify the goal, explain why the goal was date of enactment of this subsection. (C) and (D), respectively, and by adding after not attained, describe the element of the reg- ‘‘(4) ANNUAL REPORT.— subparagraph (A) the following: ulations included instead, and identify fu- ‘‘(A) SUBMISSION.—Beginning on the date of ‘‘(B) The Administrator shall exempt any ture steps to attain the goal. enactment of this subsection and ending on public health pesticide from the payment of ‘‘(iii) REQUIREMENTS.—In issuing final reg- the date that the goals under paragraph (2) the fee prescribed under paragraph (3) if, in ulations, the Administrator shall— are achieved, the Administrator shall, not consultation with the Secretary of Health ‘‘(I) consider the establishment of a certifi- later than March 1 of each year, prepare and and Human Services, the Administrator de- cation process for regulatory actions involv- submit an annual report to the Committee termines, based on information supplied by ing risks that can be responsibly managed, on Agriculture of the House of Representa- the registrant, that the economic return to consistent with the degree of risk, in the tives and the Committee on Agriculture, Nu- the registrant from sales of the pesticide most cost-efficient manner; trition, and Forestry of the Senate. does not support the registration or rereg- ‘‘(II) consider the establishment of a cer- ‘‘(B) REQUIREMENTS.—A report submitted istration of the pesticide.’’; tification process by approved laboratories under subparagraph (A) shall include a de- (2) in subsection (i)(5), by redesignating as an adjunct to the review process; scription of— subparagraphs (F) and (G) as subparagraphs ‘‘(III) use all appropriate and cost-effective ‘‘(i) measures taken to reduce the backlog (G) and (H), respectively, and by adding after review mechanisms, including— of pending registration applications; subparagraph (E) the following: ‘‘(aa) expanded use of notification and non- ‘‘(ii) progress toward achieving reforms ‘‘(F) The Administrator shall exempt any notification procedures; under this subsection; and public health pesticide from the payment of ‘‘(bb) revised procedures for application re- ‘‘(iii) recommendations to improve the ac- the fee prescribed under paragraph (3) if, in view; and tivities of the Agency pertaining to consultation with the Secretary of Health ‘‘(cc) allocation of appropriate resources to antimicrobial registrations.’’. and Humans Services, the Administrator de- ensure streamlined management of SEC. 225. DISPOSAL OF HOUSEHOLD, INDUS- termines, based on information supplied by antimicrobial pesticide registrations; and TRIAL, OR INSTITUTIONAL the registrant, that the economic return to ‘‘(IV) clarify criteria for determination of ANTIMICROBIAL PRODUCTS. the registrant from sales of the pesticide the completeness of an application. Section 19(h) (7 U.S.C. 136q(h)) is amend- does not support the registration or rereg- ‘‘(C) EXPEDITED REVIEW.—This subsection ed— istration of the pesticide.’’; does not affect the requirements or extend (1) by striking ‘‘Nothing in’’ and inserting (3) in subsection (i)(7)(B), by striking ‘‘or the deadlines or review periods contained in the following: to determine’’ and inserting ‘‘, to determine’’ subsection (c)(3). ‘‘(1) IN GENERAL.—Nothing in’’; and and by inserting before the period the follow- ‘‘(D) ALTERNATIVE REVIEW PERIODS.—If the (2) by adding at the end the following: ing: ‘‘, or to determine the volume usage for final regulations to carry out this paragraph ‘‘(2) ANTIMICROBIAL PRODUCTS.—A house- public health pesticides’’; and are not effective 630 days after the date of hold, industrial, or institutional (4) in subsection (k)(3)(A), by striking ‘‘or’’ enactment of this subsection, until the final antimicrobial product that is not subject to at the end of clause (i), by striking the pe- regulations become effective, the review pe- regulation under the Solid Waste Disposal riod at the end of clause (ii) and inserting riod, beginning on the date of receipt by the Act (42 U.S.C. 6901 et seq.) shall not be sub- thereof ‘‘; or’’, and by adding after clause (ii) Agency of a complete application, shall be — ject to the provisions of subsections (a), (e), the following: ‘‘(i) 2 years for a new antimicrobial active and (f), unless the Administrator determines ‘‘(iii) proposes the initial or amended reg- ingredient pesticide registration; that such product must be subject to such istration of an end use pesticide that, if reg- ‘‘(ii) 1 year for a new antimicrobial use of provisions to prevent an unreasonable ad- istered as proposed, would be used for a pub- a registered active ingredient; verse effect on the environment.’’. lic health pesticide.’’. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8133 SEC. 233. CANCELLATION. Administrator shall notify the Secretary and TITLE III—DATA COLLECTION ACTIVITIES Section 6(b) (7 U.S.C. 136d(b)) is amended shall, to the extent necessary, amend a no- TO ASSURE THE HEALTH OF INFANTS by adding after the eighth sentence the fol- tice issued under section 3(c)(2)(B) to specify AND CHILDREN AND OTHER MEASURES lowing: ‘‘When a public health use is af- additional reasonable time periods for sub- SEC. 301. DATA COLLECTION ACTIVITIES TO AS- fected, the Secretary of Health and Human mission of the data. SURE THE HEALTH OF INFANTS AND Services should provide available benefits ‘‘(5) ARRANGEMENTS.—The Secretary shall CHILDREN. and use information, or an analysis thereof, make such arrangements for the conduct of (a) IN GENERAL.—The Secretary of Agri- in accordance with the procedures followed required studies as the Secretary finds nec- culture, in consultation with the Adminis- and subject to the same conditions as the essary and appropriate to permit submission trator of the Environmental Protection Secretary of Agriculture in the case of agri- of data in accordance with the time periods Agency and the Secretary of Health and cultural pesticides.’’. prescribed by the Administrator. Such ar- Human Services, shall coordinate the devel- SEC. 234. VIEWS OF THE SECRETARY OF HEALTH rangements may include Public Health Serv- opment and implementation of survey proce- AND HUMAN SERVICES. ice intramural research activities, grants, dures to ensure that adequate data on food Section 21 (7 U.S.C. 136s) is amended by re- contracts, or cooperative agreements with consumption patterns of infants and children designating subsections (b) and (c) as sub- academic, public health, or other organiza- are collected. sections (c) and (d), respectively, and by add- tions qualified by experience and training to (b) PROCEDURES.—To the extent prac- ing after subsection (a) the following: conduct such studies. ticable, the procedures referred to in sub- ‘‘(b) SECRETARY OF HEALTH AND HUMAN ‘‘(6) SUPPORT.—The Secretary may provide section (a) shall include the collection of SERVICES.—The Administrator, before pub- for support of the required studies using data on food consumption patterns of a sta- lishing regulations under this Act for any funds authorized to be appropriated under tistically valid sample of infants and chil- public health pesticide, shall solicit the this section, the Public Health Service Act, dren. views of the Secretary of Health and Human or other appropriate authorities. After a de- (c) RESIDUE DATA COLLECTION.—The Sec- Services in the same manner as the views of termination is made under subsection (d), retary of Agriculture shall ensure that the the Secretary of Agriculture are solicited the Secretary shall notify the Committees residue data collection activities conducted under section 25(a)(2).’’. on Appropriations of the House Representa- by the Department of Agriculture in co- SEC. 235. AUTHORITY OF ADMINISTRATOR. tives and the Senate of the sums required to operation with the Environmental Protec- tion Agency and the Department of Health Section 25(a)(1) (7 U.S.C. 136w(a)(1)) is conduct the necessary studies. and Human Services, provide for the im- amended— ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— proved data collection of pesticide residues, (1) by inserting after ‘‘various classes of There is authorized to be appropriated to including guidelines for the use of com- pesticides’’ the following: ‘‘, including public carry out the purposes of this section parable analytical and standardized report- health pesticides,’’; and $12,000,000 for fiscal year 1997, and such sums ing methods, and the increased sampling of (2) by striking ‘‘and nonagricultural pes- as may be necessary for succeeding fiscal foods most likely consumed by infants and ticides’’ and inserting ‘‘, nonagricultural, years.’’. and public health pesticides’’. children. SEC. 236. IDENTIFICATION OF PESTS. Subtitle D—Expedited Registration of SEC. 302. COLLECTION OF PESTICIDE USE INFOR- Section 28 (7 U.S.C. 136w–3) is amended by Reduced Risk Pesticides MATION. adding at the end the following: (a) IN GENERAL.—The Secretary of Agri- SEC. 250. EXPEDITED REGISTRATION OF PES- ‘‘(d) PUBLIC HEALTH PESTS.—The Adminis- culture shall collect data of statewide or re- TICIDES . trator, in coordination with the Secretary of gional significance on the use of pesticides Agriculture and the Secretary of Health and Section 3(c) (7 U.S.C. 136a(c)), as amended to control pests and diseases of major crops Human Services, shall identify pests of sig- by section 223, is amended— and crops of dietary significance, including nificant public health importance and, in co- (1) by adding at the end of paragraph (1) fruits and vegetables. ordination with the Public Health Service, the following: (b) COLLECTION.—The data shall be col- develop and implement programs to improve ‘‘(G) If the applicant is requesting that the lected by surveys of farmers or from other and facilitate the safe and necessary use of registration or amendment to the registra- sources offering statistically reliable data. (c) COORDINATION.—The Secretary of Agri- chemical, biological, and other methods to tion of a pesticide be expedited, an expla- culture shall, as appropriate, coordinate combat and control such pests of public nation of the basis for the request must be with the Administrator of the Environ- health importance.’’. submitted, in accordance with paragraph (10) mental Protection Agency in the design of SEC. 237. PUBLIC HEALTH DATA. of this subsection.’’; and the surveys and make available to the Ad- Section 4 (7 U.S.C. 136a–1) is amended by (2) by adding at the end the following: ministrator the aggregate results of the sur- adding at the end the following: ‘‘(10) EXPEDITED REGISTRATION OF PES- veys to assist the Administrator. ‘‘(m) AUTHORIZATION OF FUNDS TO DEVELOP TICIDES.— PUBLIC HEALTH DATA.— ‘‘(A) Not later than 1 year after the date of SEC. 303. INTEGRATED PEST MANAGEMENT. ‘‘(1) DEFINITION.—For the purposes of this enactment of this paragraph, the Adminis- The Secretary of Agriculture, in coopera- section, ‘Secretary’ means the Secretary of trator shall, utilizing public comment, de- tion with the Administrator, shall imple- Health and Human Services, acting through velop procedures and guidelines, and expe- ment research, demonstration, and edu- the Public Health Service. dite the review of an application for registra- cation programs to support adoption of Inte- ‘‘(2) CONSULTATION.—In the case of a pes- tion of a pesticide or an amendment to a reg- grated Pest Management. Integrated Pest ticide registered for use in public health pro- istration that satisfies such guidelines. Management is a sustainable approach to grams for vector control or for other uses ‘‘(B) Any application for registration or an managing pests by combining biological, cul- the Administrator determines to be human amendment, including biological and con- tural, physical, and chemical tools in a way health protection uses, the Administrator ventional pesticides, will be considered for that minimizes economic, health, and envi- shall, upon timely request by the registrant expedited review under this paragraph. An ronmental risks. The Secretary of Agri- or any other interested person, or on the Ad- application for registration or an amend- culture and the Administrator shall make ministrator’s own initiative may, consult ment shall qualify for expedited review if use information on Integrated Pest Management with the Secretary prior to taking final ac- of the pesticide proposed by the application widely available to pesticide users, including tion to suspend registration under section may reasonably be expected to accomplish 1 Federal agencies. Federal agencies shall use 3(c)(2)(B)(iv), or cancel a registration under or more of the following: Integrated Pest Management techniques in section 4, 6(e), or 6(f). In consultation with ‘‘(i) Reduce the risks of pesticides to carrying out pest management activities and the Secretary, the Administrator shall pre- human health. shall promote Integrated Pest Management scribe the form and content of requests ‘‘(ii) Reduce the risks of pesticides to non- through procurement and regulatory poli- under this section. target organisms. cies, and other activities. ‘‘(3) BENEFITS TO SUPPORT FAMILY.—The ‘‘(iii) Reduce the potential for contamina- SEC. 304. COORDINATION OF CANCELLATION. Administrator, after consulting with the tion of groundwater, surface water, or other Section 2(bb) (7 U.S.C. 136(bb)) is amend- Secretary, shall make a determination valued environmental resources. ed— whether the potential benefits of continued ‘‘(iv) Broaden the adoption of integrated (1) by inserting ‘‘(1)’’ after ‘‘means’’; and use of the pesticide for public health or pest management strategies, or make such (2) by striking the period at the end of the health protection purposes are of such sig- strategies more available or more effective. first sentence and inserting ‘‘, or (2) a human nificance as to warrant a commitment by ‘‘(C) The Administrator, not later than 30 dietary risk from residues that result from a the Secretary to conduct or to arrange for days after receipt of an application for expe- use of a pesticide in or on any food inconsist- the conduct of the studies required by the dited review, shall notify the applicant ent with the standard under section 408 of Administrator to support continued registra- whether the application is complete. If it is the Federal Food, Drug, and Cosmetic Act tion under section 3 or reregistration under found to be incomplete, the Administrator (21 U.S.C. 346a).’’. section 4. may either reject the request for expedited SEC. 305. PESTICIDE USE INFORMATION STUDY. ‘‘(4) ADDITIONAL TIME.—If the Adminis- review or ask the applicant for additional in- (a) The Secretary of Agriculture shall, in trator determines that such a commitment formation to satisfy the guidelines developed consultation with the Administrator of the is warranted and in the public interest, the under subparagraph (A).’’. Environmental Protection Agency, prepare a H8134 CONGRESSIONAL RECORD — HOUSE July 23, 1996 report to Congress evaluating the current SEC. 403. PROHIBITED ACTS. substance that itself is a pesticide chemical status and potential improvements in Fed- Section 301(j) (21 U.S.C. 331(j)) is amended or pesticide chemical residue, such a residue eral pesticide use information gathering ac- in the first sentence by inserting before the shall not be considered to be unsafe within tivities. This report shall at least include— period the following: ‘‘; or the violating of the meaning of section 402(a)(2)(B) despite (1) an analysis of the quality and reliabil- section 408(i)(2) or any regulation issued the lack of a tolerance or exemption from ity of the information collected by the De- under that section.’’. the need for a tolerance for such residue in partment of Agriculture, the Environmental SEC. 404. ADULTERATED FOOD. or on such food if— Protection Agency, and other Federal agen- Section 402(a) (21 U.S.C. 342(a)) is amended ‘‘(A) the Administrator has not determined cies regarding the agricultural use of pes- by striking ‘‘(2)(A) if it bears’’ and all that that the degradation product is likely to ticides; and follows through ‘‘(3) if it consists’’ and in- pose any potential health risk from dietary (2) an analysis of options to increase the serting the following: ‘‘(2)(A) if it bears or exposure that is of a different type than, or effectiveness of national pesticide use infor- contains any added poisonous or added dele- of a greater significance than, any risk posed mation collection, including an analysis of terious substance (other than a substance by dietary exposure to the precursor sub- costs, burdens placed on agricultural produc- that is a pesticide chemical residue in or on stance; ers and other pesticide users, and effective- a raw agricultural commodity or processed ‘‘(B) either— ness in tracking risk reduction by those op- food, a food additive, a color additive, or a ‘‘(i) a tolerance is in effect under this sec- tions. new animal drug) that is unsafe within the tion for residues of the precursor substance (b) The Secretary shall submit this report meaning of section 406; or (B) if it bears or in or on the food, and the combined level of to Congress not later than 1 year following contains a pesticide chemical residue that is residues of the degradation product and the the date of enactment of this section. unsafe within the meaning of section 408(a); precursor substance in or on the food is at or TITLE IV—AMENDMENTS TO THE FED- or (C) if it is or if it bears or contains (i) any below the stoichiometrically equivalent ERAL FOOD, DRUG, AND COSMETIC ACT food additive that is unsafe within the mean- level that would be permitted by the toler- ing of section 409; or (ii) a new animal drug SEC 401. SHORT TITLE AND REFERENCE. ance if the residue consisted only of the pre- (or conversion product thereof) that is un- cursor substance rather than the degrada- (a) SHORT TITLE.—This title may be cited safe within the meaning of section 512; or (3) as the ‘‘Food Quality Protection Act of tion product; or if it consists’’. 1996’’. ‘‘(ii) an exemption from the need for a tol- erance is in effect under this section for resi- (b) REFERENCE.—Whenever in this title an SEC. 405. TOLERANCES AND EXEMPTIONS FOR amendment or repeal is expressed in terms of PESTICIDE CHEMICAL RESIDUES. dues of the precursor substance in or on the Section 408 (21 U.S.C. 346a) is amended to an amendment to, or repeal of, a section or food; and read as follows: other provision, the reference shall be con- ‘‘(C) the tolerance or exemption for resi- sidered to be made to a section or other pro- ‘‘TOLERANCES AND EXEMPTIONS FOR PESTICIDE dues of the precursor substance does not vision of the Federal Food, Drug, and Cos- CHEMICAL RESIDUES state that it applies only to particular metic Act. ‘‘SEC. 408. (a) REQUIREMENT FOR TOLERANCE named substances and does not state that it does not apply to residues of the degradation SEC. 402. DEFINITIONS. OR EXEMPTION.— product. (a) SECTION 201(q).—Section 201(q) (21 ‘‘(1) GENERAL RULE.—Except as provided in ‘‘(4) EFFECT OF TOLERANCE OR EXEMPTION.— U.S.C. 321(q)) is amended to read as follows: paragraph (2) or (3), any pesticide chemical While a tolerance or exemption from the re- ‘‘(q)(1) The term ‘pesticide chemical’ residue in or on a food shall be deemed un- quirement for a tolerance is in effect under means any substance that is a pesticide safe for the purpose of section 402(a)(2)(B) un- this section for a pesticide chemical residue within the meaning of the Federal Insecti- less— with respect to any food, the food shall not cide, Fungicide, and Rodenticide Act, includ- ‘‘(A) a tolerance for such pesticide chemi- by reason of bearing or containing any ing all active and inert ingredients of such cal residue in or on such food is in effect amount of such a residue be considered to be pesticide. under this section and the quantity of the ‘‘(2) The term ‘pesticide chemical residue’ residue is within the limits of the tolerance; adulterated within the meaning of section means a residue in or on raw agricultural or 402(a)(1). UTHORITY AND STANDARD FOR TOLER- commodity or processed food of— ‘‘(B) an exemption from the requirement of ‘‘(b) A ANCE.— ‘‘(A) a pesticide chemical; or a tolerance is in effect under this section for ‘‘(1) AUTHORITY.—The Administrator may ‘‘(B) any other added substance that is the pesticide chemical residue. issue regulations establishing, modifying, or present on or in the commodity or food pri- For the purposes of this section, the term revoking a tolerance for a pesticide chemical marily as a result of the metabolism or other ‘food’, when used as a noun without modi- residue in or on a food— degradation of a pesticide chemical. fication, shall mean a raw agricultural com- ‘‘(3) Notwithstanding paragraphs (1) and modity or processed food. ‘‘(A) in response to a petition filed under (2), the Administrator may by regulation ex- ‘‘(2) PROCESSED FOOD.—Notwithstanding subsection (d); or cept a substance from the definition of ‘pes- paragraph (1)— ‘‘(B) on the Administrator’s own initiative ticide chemical’ or ‘pesticide chemical resi- ‘‘(A) if a tolerance is in effect under this under subsection (e). due’ if— section for a pesticide chemical residue in or As used in this section, the term ‘modify’ ‘‘(A) its occurrence as a residue on or in a on a raw agricultural commodity, a pesticide shall not mean expanding the tolerance to raw agricultural commodity or processed chemical residue that is present in or on a cover additional foods. food is attributable primarily to natural processed food because the food is made from ‘‘(2) STANDARD.— causes or to human activities not involving that raw agricultural commodity shall not ‘‘(A) GENERAL RULE.— the use of any substances for a pesticidal be considered unsafe within the meaning of ‘‘(i) STANDARD.—The Administrator may purpose in the production, storage, process- section 402(a)(2)(B) despite the lack of a tol- establish or leave in effect a tolerance for a ing, or transportation of any raw agricul- erance for the pesticide chemical residue in pesticide chemical residue in or on a food tural commodity or processed food; and or on the processed food if the pesticide only if the Administrator determines that ‘‘(B) the Administrator, after consultation chemical has been used in or on the raw agri- the tolerance is safe. The Administrator with the Secretary, determines that the sub- cultural commodity in conformity with a shall modify or revoke a tolerance if the Ad- stance more appropriately should be regu- tolerance under this section, such residue in ministrator determines it is not safe. lated under one or more provisions of this or on the raw agricultural commodity has ‘‘(ii) DETERMINATION OF SAFETY.—As used Act other than sections 402(a)(2)(B) and 408.’’. been removed to the extent possible in good in this section, the term ‘safe’, with respect (b) SECTION 201(s).—Paragraphs (1) and (2) manufacturing practice, and the concentra- to a tolerance for a pesticide chemical resi- of section 201(s) (21 U.S.C. 321(s)) are amend- tion of the pesticide chemical residue in the due’, means that the Administrator has de- ed to read as follows: processed food is not greater than the toler- termined that there is a reasonable certainty ‘‘(1) a pesticide chemical residue in or on a ance prescribed for the pesticide chemical that no harm will result from aggregate ex- raw agricultural commodity or processed residue in the raw agricultural commodity; posure to the pesticide chemical residue, in- food; or or cluding all anticipated dietary exposures and ‘‘(2) a pesticide chemical; or’’. ‘‘(B) if an exemption for the requirement all other exposures for which there is reli- (c) SECTION 201.—Section 201 (21 U.S.C. 321) for a tolerance is in effect under this section able information. is amended by adding at the end the follow- for a pesticide chemical residue in or on a ‘‘(iii) RULE OF CONSTRUCTION.—With respect ing: raw agricultural commodity, a pesticide to a tolerance, a pesticide chemical residue ‘‘(gg) The term ‘processed food’ means any chemical residue that is present in or on a meeting the standard under clause (i) is not food other than a raw agricultural commod- processed food because the food is made from an eligible pesticide chemical residue for ity and includes any raw agricultural com- that raw agricultural commodity shall not purposes of subparagraph (B). modity that has been subject to processing, be considered unsafe within the meaning of ‘‘(B) TOLERANCES FOR ELIGIBLE PESTICIDE such as canning, cooking, freezing, dehydra- section 402(a)(2)(B). CHEMICAL RESIDUES.— tion, or milling. ‘‘(3) RESIDUES OF DEGRADATION PRODUCTS.— ‘‘(i) DEFINITION.—As used in this subpara- ‘‘(hh) The term ‘Administrator’ means the If a pesticide chemical residue is present in graph, the term ‘eligible pesticide chemical Administrator of the United States Environ- or on a food because it is a metabolite or residue’ means a pesticide chemical residue mental Protection Agency.’’. other degradation product of a precursor as to which— July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8135 ‘‘(I) the Administrator is not able to iden- that are likely to result in disproportion- priate for the use of animal experimentation tify a level of exposure to the residue at ately high consumption of foods containing data. which the residue will not cause or contrib- or bearing such residue among infants and ‘‘(E) DATA AND INFORMATION REGARDING AN- ute to a known or anticipated harm to children in comparison to the general popu- TICIPATED AND ACTUAL RESIDUE LEVELS.— human health (referred to in this section as lation; ‘‘(i) AUTHORITY.—In establishing, modify- a ‘nonthreshold effect’); ‘‘(II) available information concerning the ing, leaving in effect, or revoking a tolerance ‘‘(II) the lifetime risk of experiencing the special susceptibility of infants and children for a pesticide chemical residue, the Admin- nonthreshold effect is appropriately assessed to the pesticide chemical residues, including istrator may consider available data and in- by quantitative risk assessment; and neurological differences between infants and formation on the anticipated residue levels ‘‘(III) with regard to any known or antici- children and adults, and effects of in utero of the pesticide chemical in or on food and pated harm to human health for which the exposure to pesticide chemicals; and the actual residue levels of the pesticide Administrator is able to identify a level at ‘‘(III) available information concerning the chemical that have been measured in food, which the residue will not cause such harm cumulative effects on infants and children of including residue data collected by the Food (referred to in this section as a ‘threshold ef- such residues and other substances that have and Drug Administration. fect’), the Administrator determines that the a common mechanism of toxicity; and ‘‘(ii) REQUIREMENT.—If the Administrator level of aggregate exposure is safe. ‘‘(ii) shall— relies on anticipated or actual residue levels ‘‘(ii) DETERMINATION OF TOLERANCE.—Not- ‘‘(I) ensure that there is a reasonable cer- in establishing, modifying, or leaving in ef- withstanding subparagraph (A)(i), a toler- tainty that no harm will result to infants fect a tolerance, the Administrator shall ance for an eligible pesticide chemical resi- and children from aggregate exposure to the pursuant to subsection (f)(1) require that due may be left in effect or modified under pesticide chemical residue; and data be provided five years after the date on this subparagraph if— ‘‘(II) publish a specific determination re- which the tolerance is established, modified, ‘‘(I) at least one of the conditions described garding the safety of the pesticide chemical or left in effect, and thereafter as the Admin- in clause (iii) is met; and residue for infants and children. istrator deems appropriate, demonstrating ‘‘(II) both of the conditions described in that such residue levels are not above the The Secretary of Health and Human Services clause (iv) are met. levels so relied on. If such data are not so and the Secretary of Agriculture, in con- ‘‘(iii) CONDITIONS REGARDING USE.—For pur- provided, or if the data do not demonstrate poses of clause (ii), the conditions described sultation with the Administrator, shall con- that the residue levels are not above the lev- in this clause with respect to a tolerance for duct surveys to document dietary exposure els so relied on, the Administrator shall, not an eligible pesticide chemical residue are the to pesticides among infants and children. In later than 180 days after the date on which following: the case of threshold effects, for purposes of the data were required to be provided, issue ‘‘(I) Use of the pesticide chemical that pro- clause (ii)(I) an additional tenfold margin of a regulation under subsection (e)(1), or an duces the residue protects consumers from safety for the pesticide chemical residue and order under subsection (f)(2), as appropriate, adverse effects on health that would pose a other sources of exposure shall be applied for to modify or revoke the tolerance. greater risk than the dietary risk from the infants and children to take into account po- ‘‘(F) PERCENT OF FOOD ACTUALLY TREAT- residue. tential pre- and post-natal toxicity and com- ED.—In establishing, modifying, leaving in ‘‘(II) Use of the pesticide chemical that pleteness of the data with respect to expo- effect, or revoking a tolerance for a pesticide produces the residue is necessary to avoid a sure and toxicity to infants and children. chemical residue, the Administrator may, significant disruption in domestic produc- Notwithstanding such requirement for an ad- when assessing chronic dietary risk, consider tion of an adequate, wholesome, and eco- ditional margin of safety, the Administrator available data and information on the per- nomical food supply. may use a different margin of safety for the cent of food actually treated with the pes- ‘‘(iv) CONDITIONS REGARDING RISK.—For pesticide chemical residue only if, on the ticide chemical (including aggregate pes- purposes of clause (ii), the conditions de- basis of reliable data, such margin will be ticide use data collected by the Department scribed in this clause with respect to a toler- safe for infants and children. of Agriculture) only if the Administrator— ance for an eligible pesticide chemical resi- ‘‘(D) FACTORS.—In establishing, modifying, ‘‘(i) finds that the data are reliable and due are the following: leaving in effect, or revoking a tolerance or provide a valid basis to show what percent- ‘‘(I) The yearly risk associated with the exemption for a pesticide chemical residue, age of the food derived from such crop is nonthreshold effect from aggregate exposure the Administrator shall consider, among likely to contain such pesticide chemical to the residue does not exceed 10 times the other relevant factors— residue; yearly risk that would be allowed under sub- ‘‘(i) the validity, completeness, and reli- ‘‘(ii) finds that the exposure estimate does paragraph (A) for such effect. ability of the available data from studies of not understate exposure for any significant ‘‘(II) The tolerance is limited so as to en- the pesticide chemical and pesticide chemi- subpopulation group; sure that the risk over a lifetime associated cal residue; ‘‘(iii) finds that, if data are available on with the nonthreshold effect from aggregate ‘‘(ii) the nature of any toxic effect shown pesticide use and consumption of food in a exposure to the residue is not greater than to be caused by the pesticide chemical or particular area, the population in such area twice the lifetime risk that would be allowed pesticide chemical residue in such studies; is not dietarily exposed to residues above under subparagraph (A) for such effect. ‘‘(iii) available information concerning the those estimated by the Administrator; and ‘‘(v) REVIEW.—Five years after the date on relationship of the results of such studies to ‘‘(iv) provides for the periodic reevaluation which the Administrator makes a determina- human risk; of the estimate of anticipated dietary expo- tion to leave in effect or modify a tolerance ‘‘(iv) available information concerning the sure. under this subparagraph, and thereafter as dietary consumption patterns of consumers ‘‘(3) DETECTION METHODS.— the Administrator deems appropriate, the (and major identifiable subgroups of consum- ‘‘(A) GENERAL RULE.—A tolerance for a pes- Administrator shall determine, after notice ers); ticide chemical residue in or on a food shall and opportunity for comment, whether it has ‘‘(v) available information concerning the not be established or modified by the Admin- been demonstrated to the Administrator cumulative effects of such residues and other istrator unless the Administrator deter- that a condition described in clause (iii)(I) or substances that have a common mechanism mines, after consultation with the Sec- clause (iii)(II) continues to exist with respect of toxicity; retary, that there is a practical method for to the tolerance and that the yearly and life- ‘‘(vi) available information concerning the detecting and measuring the levels of the time risks from aggregate exposure to such aggregate exposure levels of consumers (and pesticide chemical residue in or on the food. residue continue to comply with the limits major identifiable subgroups of consumers) ‘‘(B) DETECTION LIMIT.—A tolerance for a specified in clause (iv). If the Administrator to the pesticide chemical residue and to pesticide chemical residue in or on a food determines by such date that such dem- other related substances, including dietary shall not be established at or modified to a onstration has not been made, the Adminis- exposure under the tolerance and all other level lower than the limit of detection of the trator shall, not later than 180 days after the tolerances in effect for the pesticide chemi- method for detecting and measuring the pes- date of such determination, issue a regula- cal residue, and exposure from other non-oc- ticide chemical residue specified by the Ad- tion under subsection (e)(1) to modify or re- cupational sources; ministrator under subparagraph (A). voke the tolerance. ‘‘(vii) available information concerning the ‘‘(4) INTERNATIONAL STANDARDS.—In estab- ‘‘(vi) INFANTS AND CHILDREN.—Any toler- variability of the sensitivities of major iden- lishing a tolerance for a pesticide chemical ance under this subparagraph shall meet the tifiable subgroups of consumers; residue in or on a food, the Administrator requirements of subparagraph (C). ‘‘(viii) such information as the Adminis- shall determine whether a maximum residue ‘‘(C) EXPOSURE OF INFANTS AND CHILDREN.— trator may require on whether the pesticide level for the pesticide chemical has been es- In establishing, modifying, leaving in effect, chemical may have an effect in humans that tablished by the Codex Alimentarius Com- or revoking a tolerance or exemption for a is similar to an effect produced by a natu- mission. If a Codex maximum residue level pesticide chemical residue, the Adminis- rally occurring estrogen or other endocrine has been established for the pesticide chemi- trator— effects; and cal and the Administrator does not propose ‘‘(i) shall assess the risk of the pesticide ‘‘(ix) safety factors which in the opinion of to adopt the Codex level, the Administrator chemical residue based on— experts qualified by scientific training and shall publish for public comment a notice ex- ‘‘(I) available information about consump- experience to evaluate the safety of food ad- plaining the reasons for departing from the tion patterns among infants and children ditives are generally recognized as appro- Codex level. H8136 CONGRESSIONAL RECORD — HOUSE July 23, 1996

‘‘(c) AUTHORITY AND STANDARD FOR EXEMP- tion as to the methods and controls used in ment or modification of a tolerance or ex- TIONS.— conducting those tests and investigations; emption for a pesticide chemical residue ‘‘(1) AUTHORITY.—The Administrator may ‘‘(v) full reports of tests and investigations that appears to pose a significantly lower issue a regulation establishing, modifying, or made with respect to the nature and amount risk to human health from dietary exposure revoking an exemption from the requirement of the pesticide chemical residue that is like- than pesticide chemical residues that have for a tolerance for a pesticide chemical resi- ly to remain in or on the food, including a tolerances in effect for the same or similar due in or on food— description of the analytical methods used; uses. ‘‘(A) in response to a petition filed under ‘‘(vi) a practical method for detecting and ‘‘(C) EXPEDITED REVIEW OF CERTAIN PETI- subsection (d); or measuring the levels of the pesticide chemi- TIONS.— ‘‘(B) on the Administrator’s initiative cal residue in or on the food, or for exemp- ‘‘(i) DATE CERTAIN FOR REVIEW.—If a person under subsection (e). tions, a statement why such a method is not files a complete petition with the Adminis- ‘‘(2) STANDARD.— needed; trator proposing the issuance of a regulation ‘‘(A) GENERAL RULE.— ‘‘(vii) a proposed tolerance for the pes- establishing a tolerance or exemption for a ‘‘(i) STANDARD.—The Administrator may ticide chemical residue, if a tolerance is pro- pesticide chemical residue that presents a establish or leave in effect an exemption posed; lower risk to human health than a pesticide from the requirement for a tolerance for a ‘‘(viii) if the petition relates to a tolerance chemical residue for which a tolerance has pesticide chemical residue in or on food only for a processed food, reports of investiga- been left in effect or modified under sub- if the Administrator determines that the ex- tions conducted using the processing section (b)(2)(B), the Administrator shall emption is safe. The Administrator shall method(s) used to produce that food; complete action on such petition under this modify or revoke an exemption if the Admin- ‘‘(ix) such information as the Adminis- paragraph within 1 year. istrator determines it is not safe. trator may require to make the determina- ‘‘(ii) REQUIRED DETERMINATIONS.—If the Ad- ‘‘(ii) DETERMINATION OF SAFETY.—The term tion under subsection (b)(2)(C); ministrator issues a final regulation estab- ‘safe’, with respect to an exemption for a ‘‘(x) such information as the Administrator lishing a tolerance or exemption for a safer pesticide chemical residue, means that the may require on whether the pesticide chemi- pesticide chemical residue under clause (i), Administrator has determined that there is a cal may have an effect in humans that is the Administrator shall, not later than 180 reasonable certainty that no harm will re- similar to an effect produced by a naturally days after the date on which the regulation sult from aggregate exposure to the pesticide occurring estrogen or other endocrine ef- is issued, determine whether a condition de- chemical residue, including all anticipated fects; scribed in subclause (I) or (II) of subsection dietary exposures and all other exposures for ‘‘(xi) information regarding exposure to (b)(2)(B)(iii) continues to exist with respect which there is reliable information. the pesticide chemical residue due to any to a tolerance that has been left in effect or ‘‘(B) FACTORS.—In making a determination tolerance or exemption already granted for modified under subsection (b)(2)(B). If such under this paragraph, the Administrator such residue; condition does not continue to exist, the Ad- shall take into account, among other rel- ‘‘(xii) practical methods for removing any ministrator shall, not later than 180 days evant considerations, the considerations set amount of the residue that would exceed any after the date on which the determination forth in subparagraphs (C) and (D) of sub- proposed tolerance; and under the preceding sentence is made, issue section (b)(2). ‘‘(xiii) such other data and information as a regulation under subsection (e)(1) to mod- ‘‘(3) LIMITATION.—An exemption from the the Administrator requires by regulation to ify or revoke the tolerance. requirement for a tolerance for a pesticide support the petition. chemical residue in or on food shall not be ‘‘(e) ACTION ON ADMINISTRATOR’S OWN INI- established or modified by the Administrator If information or data required by this sub- TIATIVE.— unless the Administrator determines, after paragraph is available to the Administrator, ‘‘(1) GENERAL RULE.—The Administrator consultation with the Secretary— the person submitting the petition may cite may issue a regulation— ‘‘(A) that there is a practical method for the availability of the information or data in ‘‘(A) establishing, modifying, suspending detecting and measuring the levels of such lieu of submitting it. The Administrator under subsection (l)(3), or revoking a toler- pesticide chemical residue in or on food; or may require a petition to be accompanied by ance for a pesticide chemical or a pesticide ‘‘(B) that there is no need for such a meth- samples of the pesticide chemical with re- chemical residue; od, and states the reasons for such deter- spect to which the petition is filed. ‘‘(B) establishing, modifying, suspending mination in issuing the regulation establish- ‘‘(B) MODIFICATION OR REVOCATION.—The under subsection (l)(3), or revoking an ex- ing or modifying the exemption. Administrator may by regulation establish emption of a pesticide chemical residue from ‘‘(d) PETITION FOR TOLERANCE OR EXEMP- the requirements for information and data to the requirement of a tolerance; or TION.— support a petition to modify or revoke a tol- ‘‘(C) establishing general procedures and ‘‘(1) PETITIONS AND PETITIONERS.—Any per- erance or to modify or revoke an exemption requirements to implement this section. son may file with the Administrator a peti- from the requirement for a tolerance. ‘‘(2) NOTICE.—Before issuing a final regula- tion proposing the issuance of a regulation— ‘‘(3) NOTICE.—A notice of the filing of a pe- tion under paragraph (1), the Administrator ‘‘(A) establishing, modifying, or revoking a tition that the Administrator determines shall issue a notice of proposed rulemaking tolerance for a pesticide chemical residue in has met the requirements of paragraph (2) and provide a period of not less than 60 days or on a food; or shall be published by the Administrator for public comment on the proposed regula- ‘‘(B) establishing, modifying, or revoking within 30 days after such determination. The tion, except that a shorter period for com- an exemption from the requirement of a tol- notice shall announce the availability of a ment may be provided if the Administrator erance for such a residue. description of the analytical methods avail- for good cause finds that it would be in the ‘‘(2) PETITION CONTENTS.— able to the Administrator for the detection public interest to do so and states the rea- ‘‘(A) ESTABLISHMENT.—A petition under and measurement of the pesticide chemical sons for the finding in the notice of proposed paragraph (1) to establish a tolerance or ex- residue with respect to which the petition is rulemaking. emption for a pesticide chemical residue filed or shall set forth the petitioner’s state- ‘‘(f) SPECIAL DATA REQUIREMENTS.— shall be supported by such data and informa- ment of why such a method is not needed. ‘‘(1) REQUIRING SUBMISSION OF ADDITIONAL tion as are specified in regulations issued by The notice shall include the summary re- DATA.—If the Administrator determines that the Administrator, including— quired by paragraph (2)(A)(i)(I). additional data or information are reason- ‘‘(i)(I) an informative summary of the peti- ‘‘(4) ACTIONS BY THE ADMINISTRATOR.— ably required to support the continuation of tion and of the data, information, and argu- ‘‘(A) IN GENERAL.—The Administrator a tolerance or exemption that is in effect ments submitted or cited in support of the shall, after giving due consideration to a pe- under this section for a pesticide chemical petition; and tition filed under paragraph (1) and any residue on a food, the Administrator shall— ‘‘(II) a statement that the petitioner other information available to the Adminis- ‘‘(A) issue a notice requiring the person agrees that such summary or any informa- trator— holding the pesticide registrations associ- tion it contains may be published as a part ‘‘(i) issue a final regulation (which may ated with such tolerance or exemption to of the notice of filing of the petition to be vary from that sought by the petition) estab- submit the data or information under sec- published under this subsection and as part lishing, modifying, or revoking a tolerance tion 3(c)(2)(B) of the Federal Insecticide, of a proposed or final regulation issued under for the pesticide chemical residue or an ex- Fungicide, and Rodenticide Act; this section; emption of the pesticide chemical residue ‘‘(B) issue a rule requiring that testing be ‘‘(ii) the name, chemical identity, and from the requirement of a tolerance (which conducted on a substance or mixture under composition of the pesticide chemical resi- final regulation shall be issued without fur- section 4 of the Toxic Substances Control due and of the pesticide chemical that pro- ther notice and without further period for Act; or duces the residue; public comment); ‘‘(C) publish in the Federal Register, after ‘‘(iii) data showing the recommended ‘‘(ii) issue a proposed regulation under sub- first providing notice and an opportunity for amount, frequency, method, and time of ap- section (e), and thereafter issue a final regu- comment of not less than 60 days’ duration, plication of that pesticide chemical; lation under such subsection; or an order— ‘‘(iv) full reports of tests and investiga- ‘‘(iii) issue an order denying the petition. ‘‘(i) requiring the submission to the Ad- tions made with respect to the safety of the ‘‘(B) PRIORITIES.—The Administrator shall ministrator by one or more interested per- pesticide chemical, including full informa- give priority to petitions for the establish- sons of a notice identifying the person or July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8137 persons who will submit the required data penses as a condition to requiring testimony section shall not be the subject of judicial re- and information; of the witness. On contest, such a subpoena view under any other provision of law. ‘‘(ii) describing the type of data and infor- may be enforced by a Federal district court. ‘‘(i) CONFIDENTIALITY AND USE OF DATA.— mation required to be submitted to the Ad- ‘‘(C) FINAL DECISION.—As soon as prac- ‘‘(1) GENERAL RULE.—Data and information ministrator and stating why the data and in- ticable after receiving the arguments of the that are or have been submitted to the Ad- formation could not be obtained under the parties, the Administrator shall issue an ministrator under this section or section 409 authority of section 3(c)(2)(B) of the Federal order stating the action taken upon each in support of a tolerance or an exemption Insecticide, Fungicide, and Rodenticide Act such objection and setting forth any revision from a tolerance shall be entitled to con- or section 4 of the Toxic Substances Control to the regulation or prior order that the Ad- fidential treatment for reasons of business Act; ministrator has found to be warranted. If a confidentiality and to exclusive use and data ‘‘(iii) describing the reports of the Admin- hearing was held under subparagraph (B), compensation to the same extent provided istrator required to be prepared during and such order and any revision to the regulation by sections 3 and 10 of the Federal Insecti- after the collection of the data and informa- or prior order shall, with respect to ques- cide, Fungicide, and Rodenticide Act. tion; tions of fact at issue in the hearing, be based ‘‘(2) EXCEPTIONS.— ‘‘(iv) requiring the submission to the Ad- only on substantial evidence of record at ‘‘(A) IN GENERAL.—Data and information ministrator of the data, information, and re- such hearing, and shall set forth in detail the that are entitled to confidential treatment ports referred to in clauses (ii) and (iii); and findings of facts and the conclusions of law under paragraph (1) may be disclosed, under ‘‘(v) establishing dates by which the sub- or policy upon which the order or regulation such security requirements as the Adminis- missions described in clauses (i) and (iv) is based. trator may provide by regulation, to— must be made. ‘‘(h) JUDICIAL REVIEW.— ‘‘(i) employees of the United States author- ‘‘(1) PETITION.—In a case of actual con- ized by the Administrator to examine such The Administrator may under subparagraph troversy as to the validity of any regulation data and information in the carrying out of (C) revise any such order to correct an error. issued under subsection (e)(1)(C), or any their official duties under this Act or other The Administrator may under this para- order issued under subsection (f)(1)(C) or Federal statutes intended to protect the pub- graph require data or information pertaining (g)(2)(C), or any regulation that is the sub- lic health; or to whether the pesticide chemical may have ject of such an order, any person who will be ‘‘(ii) contractors with the United States an effect in humans that is similar to an ef- adversely affected by such order or regula- authorized by the Administrator to examine fect produced by a naturally occurring estro- tion may obtain judicial review by filing in such data and information in the carrying gen or other endocrine effects. the United States Court of Appeals for the out of contracts under this Act or such stat- ‘‘(2) NONCOMPLIANCE.—If a submission re- circuit wherein that person resides or has its utes. quired by a notice issued in accordance with principal place of business, or in the United ONGRESS.—This subsection does not paragraph (1)(A), a rule issued under para- States Court of Appeals for the District of ‘‘(B) C graph (1)(B), or an order issued under para- Columbia Circuit, within 60 days after publi- authorize the withholding of data or infor- graph (1)(C) is not made by the time speci- cation of such order or regulation, a petition mation from either House of Congress or fied in such notice, rule, or order, the Ad- praying that the order or regulation be set from, to the extent of matter within its ju- ministrator may by order published in the aside in whole or in part. risdiction, any committee or subcommittee of such committee or any joint committee of Federal Register modify or revoke the toler- ‘‘(2) RECORD AND JURISDICTION.—A copy of ance or exemption in question. In any review the petition under paragraph (1) shall be Congress or any subcommittee of such joint of such an order under subsection (g)(2), the forthwith transmitted by the clerk of the committee. only material issue shall be whether a sub- court to the Administrator, or any officer ‘‘(3) SUMMARIES.—Notwithstanding any mission required under paragraph (1) was not designated by the Administrator for that provision of this subsection or other law, the made by the time specified. purpose, and thereupon the Administrator Administrator may publish the informative ‘‘(g) EFFECTIVE DATE, OBJECTIONS, HEAR- shall file in the court the record of the pro- summary required by subsection (d)(2)(A)(i) INGS, AND ADMINISTRATIVE REVIEW.— ceedings on which the Administrator based and may, in issuing a proposed or final regu- ‘‘(1) EFFECTIVE DATE.—A regulation or the order or regulation, as provided in sec- lation or order under this section, publish an order issued under subsection (d)(4), (e)(1), or tion 2112 of title 28, United States Code. informative summary of the data relating to (f)(2) shall take effect upon publication un- Upon the filing of such a petition, the court the regulation or order. less the regulation or order specifies other- shall have exclusive jurisdiction to affirm or ‘‘(j) STATUS OF PREVIOUSLY ISSUED REGULA- wise. The Administrator may stay the effec- set aside the order or regulation complained TIONS.— tiveness of the regulation or order if, after of in whole or in part. As to orders issued fol- ‘‘(1) REGULATIONS UNDER SECTION 406.—Reg- issuance of such regulation or order, objec- lowing a public evidentiary hearing, the ulations affecting pesticide chemical resi- tions are filed with respect to such regula- findings of the Administrator with respect to dues in or on raw agricultural commodities tion or order pursuant to paragraph (2). questions of fact shall be sustained only if promulgated, in accordance with section ‘‘(2) FURTHER PROCEEDINGS.— supported by substantial evidence when con- 701(e), under the authority of section 406(a) ‘‘(A) OBJECTIONS.—Within 60 days after a sidered on the record as a whole. upon the basis of public hearings instituted regulation or order is issued under sub- ‘‘(3) ADDITIONAL EVIDENCE.—If a party ap- before January 1, 1953, shall be deemed to be section (d)(4), (e)(1)(A), (e)(1)(B), (f)(2), (n)(3), plies to the court for leave to adduce addi- regulations issued under this section and or (n)(5)(C), any person may file objections tional evidence and shows to the satisfaction shall be subject to modification or revoca- thereto with the Administrator, specifying of the court that the additional evidence is tion under subsections (d) and (e), and shall with particularity the provisions of the regu- material and that there were reasonable be subject to review under subsection (q). lation or order deemed objectionable and grounds for the failure to adduce the evi- ‘‘(2) REGULATIONS UNDER SECTION 409.—Reg- stating reasonable grounds therefor. If the dence in the proceeding before the Adminis- ulations that established tolerances for sub- regulation or order was issued in response to trator, the court may order that the addi- stances that are pesticide chemical residues a petition under subsection (d)(1), a copy of tional evidence (and evidence in rebuttal in or on processed food, or that otherwise each objection filed by a person other than thereof) shall be taken before the Adminis- stated the conditions under which such pes- the petitioner shall be served by the Admin- trator in the manner and upon the terms and ticide chemicals could be safely used, and istrator on the petitioner. conditions the court deems proper. The Ad- that were issued under section 409 on or be- ‘‘(B) HEARING.—An objection may include a ministrator may modify prior findings as to fore the date of the enactment of this para- request for a public evidentiary hearing upon the facts by reason of the additional evi- graph, shall be deemed to be regulations is- the objection. The Administrator shall, upon dence so taken and may modify the order or sued under this section and shall be subject the initiative of the Administrator or upon regulation accordingly. The Administrator to modification or revocation under sub- the request of an interested person and after shall file with the court any such modified section (d) or (e), and shall be subject to re- due notice, hold a public evidentiary hearing finding, order, or regulation. view under subsection (q). if and to the extent the Administrator deter- ‘‘(4) FINAL JUDGMENT; SUPREME COURT RE- ‘‘(3) REGULATIONS UNDER SECTION 408.—Reg- mines that such a public hearing is nec- VIEW.—The judgment of the court affirming ulations that established tolerances or ex- essary to receive factual evidence relevant or setting aside, in whole or in part, any reg- emptions under this section that were issued to material issues of fact raised by the objec- ulation or any order and any regulation on or before the date of the enactment of tions. The presiding officer in such a hearing which is the subject of such an order shall be this paragraph shall remain in effect unless may authorize a party to obtain discovery final, subject to review by the Supreme modified or revoked under subsection (d) or from other persons and may upon a showing Court of the United States as provided in (e), and shall be subject to review under sub- of good cause made by a party issue a sub- section 1254 of title 28 of the United States section (q). poena to compel testimony or production of Code. The commencement of proceedings ‘‘(k) TRANSITIONAL PROVISION.—If, on the documents from any person. The presiding under this subsection shall not, unless spe- day before the date of the enactment of this officer shall be governed by the Federal cifically ordered by the court to the con- subsection, a substance that is a pesticide Rules of Civil Procedure in making any order trary, operate as a stay of a regulation or chemical was, with respect to a particular for the protection of the witness or the con- order. pesticidal use of the substance and any re- tent of documents produced and shall order ‘‘(5) APPLICATION.—Any issue as to which sulting pesticide chemical residue in or on a the payment of a reasonable fees and ex- review is or was obtainable under this sub- particular food— H8138 CONGRESSIONAL RECORD — HOUSE July 23, 1996 ‘‘(1) regarded by the Administrator or the Act is terminated, leaving the registration of the Administrator’s functions under this sec- Secretary as generally recognized as safe for the pesticide for such use in effect under tion. Under the regulations, the performance use within the meaning of the provisions of that Act, the Administrator shall rescind of the Administrator’s services or other subsection (a) or section 201(s) as then in ef- any associated suspension of tolerance or ex- functions under this section, including— fect; or emption. ‘‘(A) the acceptance for filing of a petition ‘‘(2) regarded by the Secretary as a sub- ‘‘(4) TOLERANCES FOR UNAVOIDABLE RESI- submitted under subsection (d); stance described by section 201(s)(4); DUES.—In connection with action taken ‘‘(B) establishing, modifying, leaving in ef- such a pesticide chemical residue shall be re- under paragraph (2) or (3), or with respect to fect, or revoking a tolerance or establishing, garded as exempt from the requirement for a pesticides whose registrations were sus- modifying, leaving in effect, or revoking an tolerance, as of the date of enactment of this pended or canceled prior to the date of the exemption from the requirement for a toler- subsection. The Administrator shall by regu- enactment of this paragraph under the Fed- ance under this section; lation indicate which substances are de- eral Insecticide, Fungicide, and Rodenticide ‘‘(C) the acceptance for filing of objections scribed by this subsection. Any exemption Act, if the Administrator determines that a under subsection (g); or under this subsection may be modified or re- residue of the canceled or suspended pes- ‘‘(D) the certification and filing in court of voked as if it had been issued under sub- ticide chemical will unavoidably persist in a transcript of the proceedings and the section (c). the environment and thereby be present in record under subsection (h); ‘‘(l) HARMONIZATION WITH ACTION UNDER or on a food, the Administrator may estab- may be conditioned upon the payment of OTHER LAWS.— lish a tolerance for the pesticide chemical such fees. The regulations may further pro- ‘‘(1) COORDINATION WITH FIFRA.—To the ex- residue. In establishing such a tolerance, the vide for waiver or refund of fees in whole or tent practicable and consistent with the re- Administrator shall take into account both in part when in the judgment of the Admin- view deadlines in subsection (q), in issuing a the factors set forth in subsection (b)(2) and istrator such a waiver or refund is equitable final rule under this subsection that sus- the unavoidability of the residue. Subsection and not contrary to the purposes of this sub- pends or revokes a tolerance or exemption (e) shall apply to the establishment of such section. for a pesticide chemical residue in or on tolerance. The Administrator shall review ‘‘(2) DEPOSIT.—All fees collected under food, the Administrator shall coordinate any such tolerance periodically and modify paragraph (1) shall be deposited in the Rereg- such action with any related necessary ac- it as necessary so that it allows no greater istration and Expedited Processing Fund cre- tion under the Federal Insecticide, Fun- level of the pesticide chemical residue than ated by section 4(k) of the Federal Insecti- gicide, and Rodenticide Act. is unavoidable. cide, Fungicide, and Rodenticide Act. Such ‘‘(2) REVOCATION OF TOLERANCE OR EXEMP- ‘‘(5) PESTICIDE RESIDUES RESULTING FROM fees shall be available to the Administrator, TION FOLLOWING CANCELLATION OF ASSOCIATED LAWFUL APPLICATION OF PESTICIDE.—Notwith- without fiscal year limitation, for the per- formance of the Administrator’s services or REGISTRATIONS.—If the Administrator, acting standing any other provision of this Act, if a under the Federal Insecticide, Fungicide, tolerance or exemption for a pesticide chem- functions as specified in paragraph (1). ‘‘(n) NATIONAL UNIFORMITY OF TOLER- and Rodenticide Act, cancels the registra- ical residue in or on a food has been revoked, ANCES.— tion of each pesticide that contains a par- suspended, or modified under this section, an ‘‘(1) QUALIFYING PESTICIDE CHEMICAL RESI- ticular pesticide chemical and that is labeled article of that food shall not be deemed un- DUE.—For purposes of this subsection, the for use on a particular food, or requires that safe solely because of the presence of such pesticide chemical residue in or on such food term ‘qualifying pesticide chemical residue’ the registration of each such pesticide be means a pesticide chemical residue resulting modified to prohibit its use in connection if it is shown to the satisfaction of the Sec- retary that— from the use, in production, processing, or with the production, storage, or transpor- storage of a food, of a pesticide chemical tation of such food, due in whole or in part ‘‘(A) the residue is present as the result of an application or use of a pesticide at a time that is an active ingredient and that— to dietary risks to humans posed by residues ‘‘(A) was first approved for such use in a of that pesticide chemical on that food, the and in a manner that was lawful under the Federal Insecticide, Fungicide, and registration of a pesticide issued under sec- Administrator shall revoke any tolerance or tion 3(c)(5) of the Federal Insecticide, Fun- exemption that allows the presence of the Rodenticide Act; and ‘‘(B) the residue does not exceed a level gicide, Rodenticide Act on or after April 25, pesticide chemical, or any pesticide chemical 1985, on the basis of data determined by the residue that results from its use, in or on that was authorized at the time of that ap- plication or use to be present on the food Administrator to meet all applicable re- that food. Subsection (e) shall apply to ac- quirements for data prescribed by regula- under a tolerance, exemption, food additive tions taken under this paragraph. A revoca- tions in effect under that Act on April 25, regulation, or other sanction then in effect tion under this paragraph shall become effec- 1985; or under this Act; tive not later than 180 days after— ‘‘(B) was approved for such use in a rereg- ‘‘(A) the date by which each such cancella- unless, in the case of any tolerance or ex- istration eligibility determination issued tion of a registration has become effective; emption revoked, suspended, or modified under section 4(g) of that Act on or after the or under this subsection or subsection (d) or (e), date of enactment of this subsection. ‘‘(B) the date on which the use of the can- the Administrator has issued a determina- ‘‘(2) QUALIFYING FEDERAL DETERMINATION.— celed pesticide becomes unlawful under the tion that consumption of the legally treated For purposes of this subsection, the term terms of the cancellation, whichever is later. food during the period of its likely availabil- ‘qualifying Federal determination’ means a ‘‘(3) SUSPENSION OF TOLERANCE OR EXEMP- ity in commerce will pose an unreasonable tolerance or exemption from the require- TION FOLLOWING SUSPENSION OF ASSOCIATED dietary risk. ment for a tolerance for a qualifying pes- REGISTRATIONS.— ‘‘(6) TOLERANCE FOR USE OF PESTICIDES ticide chemical residue that— ‘‘(A) SUSPENSION.—If the Administrator, UNDER AN EMERGENCY EXEMPTION.—If the Ad- ‘‘(A) is issued under this section after the acting under the Federal Insecticide, Fun- ministrator grants an exemption under sec- date of the enactment of this subsection and gicide, and Rodenticide Act, suspends the use tion 18 of the Federal Insecticide, Fungicide, determined by the Administrator to meet of each registered pesticide that contains a and Rodenticide Act (7 U.S.C. 136p) for a pes- the standard under subsection (b)(2)(A) (in particular pesticide chemical and that is la- ticide chemical, the Administrator shall es- the case of a tolerance) or (c)(2) (in the case beled for use on a particular food, due in tablish a tolerance or exemption from the re- of an exemption); or whole or in part to dietary risks to humans quirement for a tolerance for the pesticide ‘‘(B)(i) pursuant to subsection (j) is re- posed by residues of that pesticide chemical chemical residue. Such a tolerance or exemp- maining in effect or is deemed to have been on that food, the Administrator shall sus- tion from a tolerance shall have an expira- issued under this section, or is regarded pend any tolerance or exemption that allows tion date. The Administrator may establish under subsection (k) as exempt from the re- the presence of the pesticide chemical, or such a tolerance or exemption without pro- quirement for a tolerance; and any pesticide chemical residue that results viding notice or a period for comment on the ‘‘(ii) is determined by the Administrator to from its use, in or on that food. Subsection tolerance or exemption. The Administrator meet the standard under subsection (b)(2)(A) (e) shall apply to actions taken under this shall promulgate regulations within 365 days (in the case of a tolerance) or (c)(2) (in the paragraph. A suspension under this para- after the date of the enactment of this para- case of an exemption). graph shall become effective not later than graph governing the establishment of toler- ‘‘(3) LIMITATION.—The Administrator may 60 days after the date by which each such ances and exemptions under this paragraph. make the determination described in para- suspension of use has become effective. Such regulations shall be consistent with the graph (2)(B)(ii) only by issuing a rule in ac- ‘‘(B) EFFECT OF SUSPENSION.—The suspen- safety standard under subsections (b)(2) and cordance with the procedure set forth in sub- sion of a tolerance or exemption under sub- (c)(2) and with section 18 of the Federal In- section (d) or (e) and only if the Adminis- paragraph (A) shall be effective as long as secticide, Fungicide, and Rodenticide Act. trator issues a proposed rule and allows a pe- the use of each associated registration of a ‘‘(m) FEES.— riod of not less than 30 days for comment on pesticide is suspended under the Federal In- ‘‘(1) AMOUNT.—The Administrator shall by the proposed rule. Any such rule shall be secticide, Fungicide, and Rodenticide Act. regulation require the payment of such fees reviewable in accordance with subsections While a suspension of a tolerance or exemp- as will in the aggregate, in the judgment of (g) and (h). tion is effective the tolerance or exemption the Administrator, be sufficient over a rea- ‘‘(4) STATE AUTHORITY.—Except as provided shall not be considered to be in effect. If the sonable term to provide, equip, and maintain in paragraphs (5), (6), and (8) no State or po- suspension of use of the pesticide under that an adequate service for the performance of litical subdivision may establish or enforce July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8139

any regulatory limit on a qualifying pes- ing the period of the food’s likely availabil- ‘‘(A) IN GENERAL.—The Administrator shall ticide chemical residue in or on any food if a ity in the State will pose an unreasonable di- issue an order to a registrant of a substance qualifying Federal determination applies to etary risk to the health of persons within for which testing is required under this sub- the presence of such pesticide chemical resi- such State. section, or to a person who manufactures or due in or on such food, unless such State reg- ‘‘(8) SAVINGS.—Nothing in this Act pre- imports a substance for which testing is re- ulatory limit is identical to such qualifying empts the authority of any State or political quired under this subsection, to conduct Federal determination. A State or political subdivision to require that a food containing testing in accordance with the screening pro- subdivision shall be deemed to establish or a pesticide chemical residue bear or be the gram described in paragraph (1), and submit enforce a regulatory limit on a pesticide subject of a warning or other statement re- information obtained from the testing to the chemical residue in or on a food if it lating to the presence of the pesticide chemi- Administrator, within a reasonable time pe- purports to prohibit or penalize the produc- cal residue in or on such food. riod that the Administrator determines is tion, processing, shipping, or other handling ‘‘(o) CONSUMER RIGHT TO KNOW.—Not later sufficient for the generation of the informa- of a food because it contains a pesticide resi- than 2 years after the date of the enactment tion. due (in excess of a prescribed limit). of the Food Quality Protection Act of 1996, ‘‘(B) PROCEDURES.—To the extent prac- ‘‘(5) PETITION PROCEDURE.— and annually thereafter, the Administrator ticable the Administrator shall minimize du- ‘‘(A) IN GENERAL.—Any State may petition shall, in consultation with the Secretary of plicative testing of the same substance for the Administrator for authorization to es- Agriculture and the Secretary of Health and the same endocrine effect, develop, as appro- tablish in such State a regulatory limit on a Human Services, publish in a format under- priate, procedures for fair and equitable qualifying pesticide chemical residue in or standable to a lay person, and distribute to sharing of test costs, and develop, as nec- on any food that is not identical to the large retail grocers for public display (in a essary, procedures for handling of confiden- qualifying Federal determination applicable manner determined by the grocer), the fol- tial business information. to such qualifying pesticide chemical resi- lowing information, at a minimum: ‘‘(C) FAILURE OF REGISTRANTS TO SUBMIT IN- due. ‘‘(1) A discussion of the risks and benefits FORMATION.— ‘‘(B) PETITION REQUIREMENTS.—Any peti- of pesticide chemical residues in or on food ‘‘(i) SUSPENSION.—If a registrant of a sub- tion under subparagraph (A) shall— purchased by consumers. stance referred to in paragraph (3)(A) fails to ‘‘(i) satisfy any requirements prescribed, ‘‘(2) A listing of actions taken under sub- comply with an order under subparagraph by rule, by the Administrator; and paragraph (B) of subsection (b)(2) that may (A) of this paragraph, the Administrator ‘‘(ii) be supported by scientific data about result in pesticide chemical residues in or on shall issue a notice of intent to suspend the the pesticide chemical residue that is the food that present a yearly or lifetime risk sale or distribution of the substance by the subject of the petition or about chemically above the risk allowed under subparagraph registrant. Any suspension proposed under related pesticide chemical residues, data on (A) of such subsection, and the food on which this paragraph shall become final at the end the consumption within such State of food the pesticide chemicals producing the resi- of the 30-day period beginning on the date bearing the pesticide chemical residue, and dues are used. that the registrant receives the notice of in- data on exposure of humans within such ‘‘(3) Recommendations to consumers for re- tent to suspend, unless during that period a State to the pesticide chemical residue. ducing dietary exposure to pesticide chemi- person adversely affected by the notice re- ‘‘(C) AUTHORIZATION.—The Administrator cal residues in a manner consistent with quests a hearing or the Administrator deter- may, by order, grant the authorization de- maintaining a healthy diet, including a list mines that the registrant has complied fully scribed in subparagraph (A) if the Adminis- of food that may reasonably substitute for with this paragraph. trator determines that the proposed State food listed under paragraph (2). ‘‘(ii) HEARING.—If a person requests a hear- regulatory limit— Nothing in this subsection shall prevent ing under clause (i), the hearing shall be con- ‘‘(i) is justified by compelling local condi- retail grocers from providing additional in- ducted in accordance with section 554 of title tions; and formation. 5, United States Code. The only matter for ‘‘(ii) would not cause any food to be a vio- ‘‘(p) ESTROGENIC SUBSTANCES SCREENING resolution at the hearing shall be whether lation of Federal law. PROGRAM.— the registrant has failed to comply with an ‘‘(D) TREATMENT.—In lieu of any action au- ‘‘(1) DEVELOPMENT.—Not later than 2 years order under subparagraph (A) of this para- thorized under subparagraph (C), the Admin- after the date of enactment of this section, graph. A decision by the Administrator after istrator may treat a petition under this the Administrator shall in consultation with completion of a hearing shall be considered paragraph as a petition under subsection (d) the Secretary of Health and Human Services to be a final agency action. to modify or revoke a tolerance or an exemp- develop a screening program, using appro- ‘‘(iii) TERMINATION OF SUSPENSIONS.—The tion. If the Administrator determines to priate validated test systems and other sci- Administrator shall terminate a suspension treat a petition under this paragraph as a pe- entifically relevant information, to deter- under this subparagraph issued with respect tition under subsection (d), the Adminis- mine whether certain substances may have to a registrant if the Administrator deter- trator shall thereafter act on the petition an effect in humans that is similar to an ef- mines that the registrant has complied fully pursuant to subsection (d). fect produced by a naturally occurring estro- with this paragraph. ‘‘(E) REVIEW.—Any order of the Adminis- gen, or such other endocrine effect as the Ad- ‘‘(D) NONCOMPLIANCE BY OTHER PERSONS.— trator granting or denying the authorization ministrator may designate. Any person (other than a registrant) who described in subparagraph (A) shall be sub- ‘‘(2) IMPLEMENTATION.—Not later than 3 fails to comply with an order under subpara- ject to review in the manner described in years after the date of enactment of this sec- graph (A) shall be liable for the same pen- subsections (g) and (h). tion, after obtaining public comment and re- alties and sanctions as are provided under ‘‘(6) URGENT PETITION PROCEDURE.—Any view of the screening program described in section 16 of the Toxic Substances Control State petition to the Administrator pursu- paragraph (1) by the scientific advisory panel Act (15 U.S.C. 2601 and following) in the case ant to paragraph (5) that demonstrates that established under section 25(d) of the Federal of a violation referred to in that section. consumption of a food containing such pes- Insecticide, Fungicide, and Rodenticide Act Such penalties and sanctions shall be as- ticide residue level during the period of the or the science advisory board established by sessed and imposed in the same manner as food’s likely availability in the State will section 8 of the Environmental Research, De- provided in such section 16. pose a significant public health threat from velopment, and Demonstration Act of 1978 ‘‘(6) AGENCY ACTION.—In the case of any acute exposure shall be considered an urgent (42 U.S.C. 4365), the Administrator shall im- substance that is found, as a result of testing petition. If an order by the Administrator to plement the program. and evaluation under this section, to have an grant or deny the requested authorization in ‘‘(3) SUBSTANCES.—In carrying out the endocrine effect on humans, the Adminis- an urgent petition is not made within 30 days screening program described in paragraph trator shall, as appropriate, take action of receipt of the petition, the petitioning (1), the Administrator— under such statutory authority as is avail- State may establish and enforce a temporary ‘‘(A) shall provide for the testing of all pes- able to the Administrator, including consid- regulatory limit on a qualifying pesticide ticide chemicals; and eration under other sections of this Act, as is chemical residue in or on the food. The tem- ‘‘(B) may provide for the testing of any necessary to ensure the protection of public porary regulatory limit shall be validated or other substance that may have an effect that health. terminated by the Administrator’s final is cumulative to an effect of a pesticide ‘‘(7) REPORT TO CONGRESS.—Not later than 4 order on the petition. chemical if the Administrator determines years after the date of enactment of this sec- ‘‘(7) RESIDUES FROM LAWFUL APPLICATION.— that a substantial population may be ex- tion, the Administrator shall prepare and No State or political subdivision may en- posed to such substance. submit to Congress a report containing— force any regulatory limit on the level of a ‘‘(4) EXEMPTION.—Notwithstanding para- ‘‘(A) the findings of the Administrator re- pesticide chemical residue that may appear graph (3), the Administrator may, by order, sulting from the screening program de- in or on any food if, at the time of the appli- exempt from the requirements of this sec- scribed in paragraph (1); cation of the pesticide that resulted in such tion a biologic substance or other substance ‘‘(B) recommendations for further testing residue, the sale of such food with such resi- if the Administrator determines that the needed to evaluate the impact on human due level was lawful under this section and substance is anticipated not to produce any health of the substances tested under the under the law of such State, unless the State effect in humans similar to an effect pro- screening program; and demonstrates that consumption of the food duced by a naturally occurring estrogen. ‘‘(C) recommendations for any further ac- containing such pesticide residue level dur- ‘‘(5) COLLECTION OF INFORMATION.— tions (including any action described in H8140 CONGRESSIONAL RECORD — HOUSE July 23, 1996 paragraph (6)) that the Administrator deter- $50,000 in the case of an individual and in paragraph (3) in the same portion as ap- mines are appropriate based on the findings. $250,000 in the case of any other person for propriated funds; ‘‘(q) SCHEDULE FOR REVIEW.— such introduction or delivery, not to exceed ‘‘(ii) prohibit the use of such moneys de- ‘‘(1) IN GENERAL.—The Administrator shall $500,000 for all such violations adjudicated in rived from fees to pay for any costs other review tolerances and exemptions for pes- a single proceeding. than those necessary to achieve reregistra- ticide chemical residues in effect on the day ‘‘(B) This paragraph shall not apply to any tion and expedited processing of the applica- before the date of the enactment of the Food person who grew the article of food that is tions specified in paragraph (3); and Quality Protection Act of 1996, as expedi- adulterated. If the Secretary assesses a civil ‘‘(iii) ensure that personnel and facility tiously as practicable, assuring that— penalty against any person under this para- costs associated with the functions to be car- ‘‘(A) 33 percent of such tolerances and ex- graph, the Secretary may not use the crimi- ried out under this paragraph do not exceed emptions are reviewed within 3 years of the nal authorities under this section to sanc- agency averages for comparable personnel date of enactment of such Act; tion such person for the introduction or de- and facility costs. ‘‘(B) 66 percent of such tolerances and ex- livery for introduction into interstate com- ‘‘(B) The Administrator shall also— emptions are reviewed within 6 years of the merce of the article of food that is adulter- ‘‘(i) complete the review of unreviewed re- date of enactment of such Act; and ated. If the Secretary assesses a civil penalty registration studies required to support the ‘‘(C) 100 percent of such tolerances and ex- against any person under this paragraph, the reregistration eligibility decisions scheduled emptions are reviewed within 10 years of the Secretary may not use the seizure authori- for completion in accordance with sub- date of enactment of such Act. ties of section 304 or the injunction authori- section (l)(2); and In conducting a review of a tolerance or ex- ties of section 302 with respect to the article ‘‘(ii) contract for such outside assistance emption, the Administrator shall determine of food that is adulterated. as may be necessary for review of required studies, using a generally accepted competi- whether the tolerance or exemption meets ‘‘(C) In a hearing to assess a civil penalty tive process for the selection of vendors of the requirements of subsections (b)(2) or under this paragraph, the presiding officer such assistance.’’. (c)(2) and shall, by the deadline for the re- shall have the same authority with regard to compelling testimony or production of docu- (d) SECTION 4(k)(3).—Section 4(k)(3) (7 view of the tolerance or exemption, issue a U.S.C. 136a–1(k)(3)) is amended— regulation under subsection (d)(4) or (e)(1) to ments as a presiding officer has under sec- tion 408(g)(2)(B). The third sentence of para- (1) in subparagraph (A), by striking out modify or revoke the tolerance or exemption ‘‘for each of the fiscal years 1992, 1993, and if the tolerance or exemption does not meet graph (3)(A) shall not apply to any investiga- 1994, 1⁄7th of the maintenance fees collected, such requirements. tion under this paragraph.’’; (3) in paragraph (3), as so redesignated, by up to 2 million each year’’ and inserting in ‘‘(2) PRIORITIES.—In determining priorities lieu thereof ‘‘for each of the fiscal years 1997 for reviewing tolerances and exemptions striking ‘‘paragraph (1)’’ each place it occurs through 2001, not more than 1⁄7 of the mainte- under paragraph (1), the Administrator shall and inserting ‘‘paragraph (1) or (2)’’; (4) in paragraph (4), as so redesignated, by nance fees collected in such fiscal year’’; and give priority to the review of the tolerances (2) by adding a new subparagraph (C) to or exemptions that appear to pose the great- striking ‘‘(2)(A)’’ and inserting ‘‘(3)(A)’’; and (5) in paragraph (5), as so redesignated, by read as follows: est risk to public health. ‘‘(C) So long as the Administrator has not ‘‘(3) PUBLICATION OF SCHEDULE.—Not later striking ‘‘(3)’’ each place it occurs and in- serting ‘‘(4)’’. met the time frames specified in clause (ii) than 12 months after the date of the enact- of section 3(c)(3)(B) with respect to any ap- ment of the Food Quality Protection Act of TITLE V—FEES plication subject to section 3(c)(3)(B) that 1996, the Administrator shall publish a SEC. 501. REREGISTRATION FEES. was received prior to the date of enactment schedule for review of tolerances and exemp- (a) SECTION 4(i).—Section 4(i) (7 U.S.C. of the Food Quality Protection Act of 1996, tions established prior to the date of the en- 136a–1(i)), as amended by section 232(2), is the Administrator shall use the full amount actment of the Food Quality Protection Act amended— of the fees specified in subparagraph (A) for of 1996. The determination of priorities for (1) in paragraphs (5)(H) and (6), by striking the purposes specified therein. Once all ap- the review of tolerances and exemptions pur- ‘‘1997’’ and inserting ‘‘2001’’; and plications subject to section 3(c)(3)(B) that suant to this subsection is not a rulemaking (2) in paragraph (5)(C), by inserting ‘‘(i)’’ were received prior to such date of enact- and shall not be subject to judicial review, after ‘‘(C)’’ and by adding at the end the fol- ment have been acted upon, no limitation except that failure to take final action pur- lowing: shall be imposed by the preceding sentence suant to the schedule established by this ‘‘(ii) in each of the fiscal years 1998, 1999, of this subparagraph so long as the Adminis- paragraph shall be subject to judicial review. and 2000, the Administrator is authorized to trator meets the time frames specified in ‘‘(r) TEMPORARY TOLERANCE OR EXEMP- collect up to an additional $2,000,000 in a clause (ii) of section 3(c)(3)(B) on 90 percent TION.—The Administrator may, upon the re- manner consistent with subsection (k)(5) and of affected applications in a fiscal year. quest of any person who has obtained an ex- the recommendations of the Inspector Gen- Should the Administrator not meet such perimental permit for a pesticide chemical eral of the Environmental Protection Agen- time frames in a fiscal year, the limitations under the Federal Insecticide, Fungicide, cy. The total fees that may be collected imposed by the first sentence of this sub- and Rodenticide Act or upon the Administra- under this clause shall not exceed paragraph shall apply until all overdue ap- tor’s own initiative, establish a temporary $6,000,000.’’. plications subject to section 3(c)(3)(B) have tolerance or exemption for the pesticide (b) SECTION 4(k)(1).—Section 4(k)(1) (7 been acted upon.’’. chemical residue for the uses covered by the U.S.C. 136a–1(k)(1) is amended by inserting (e) SECTION 4(k)(5).—Section 4(k)(5) (7 permit. Subsections (b)(2), (c)(2), (d), and (e) before the period the following: ‘‘which shall U.S.C. 136a–1(k)(5)) is amended to read as fol- shall apply to actions taken under this sub- be known as the Reregistration and Expe- lows: section. dited Processing Fund’’. ‘‘(5) ACCOUNTING AND PERFORMANCE.—The ‘‘(s) SAVINGS CLAUSE.—Nothing in this sec- (c) SECTION 4(k)(2).—Section 4(k)(2) (7 136a– Administrator shall take all steps necessary tion shall be construed to amend or modify 1(k)(2)) is amended to read as follows: to ensure that expenditures from fees au- the provisions of the Toxic Substances Con- ‘‘(2) SOURCE AND USE.— thorized by subsection (i)(5)(C)(ii) are used trol Act or the Federal Insecticide, Fun- ‘‘(A) All moneys derived from fees col- only to carry out the goals established under gicide, and Rodenticide Act.’’. lected by the Administrator under sub- subsection (l). The Reregistration and Expe- SEC. 406. AUTHORIZATION FOR INCREASED MON- section (i) shall be deposited in the fund and dited Processing Fund shall be designated as ITORING. shall be available to the Administrator, an Environmental Protection Agency com- For the fiscal years 1997 through 1999, there without fiscal year limitation, specifically ponent for purposes of section 3515(c) of title is authorized to be appropriated in the aggre- to offset the costs of reregistration and expe- 31, United States Code. The annual audit re- gate an additional $12,000,000 for increased dited processing of the applications specified quired under section 3521 of such title of the monitoring by the Secretary of Health and in paragraph (3). Such moneys derived from financial statements of activities under this Human Services of pesticide residues in im- fees may not be expended in any fiscal year Act under section 3515(b) of such title shall ported and domestic food. to the extent such moneys derived from fees include an audit of the fees collected under SEC. 407. ALTERNATIVE ENFORCEMENT. would exceed money appropriated for use by subsection (i)(5)(C) and disbursed, of the Section 303(g) (21 U.S.C. 333(f)) is amend- the Administrator and expended in such year amount appropriated to match such fees, and ed— for such costs of reregistration and expedited of the Administrator’s attainment of per- (1) by redesignating paragraphs (2), (3), and processing of such applications. The Admin- formance measure and goals established (4) as paragraphs (3), (4), and (5), respec- istrator shall, prior to expending any such under subsection (l). Such an audit shall also tively, moneys derived from fees— include a review of the reasonableness of the (2) by inserting after paragraph (1) the fol- ‘‘(i) effective October 1, 1997, adopt specific overhead allocation and adequacy of disclo- lowing: and cost accounting rules and procedures as sures of direct and indirect costs associated ‘‘(2)(A) Any person who introduces into approved by the General Accounting Office with carrying out the reregistration and ex- interstate commerce or delivers for intro- and the Inspector General of the Environ- pedited processing of the applications speci- duction into interstate commerce an article mental Protection Agency to ensure that fied in paragraph (3), and the basis for and of food that is adulterated within the mean- moneys derived from fees are allocated sole- accuracy of all costs paid with moneys de- ing of section 402(a)(2)(B) shall be subject to ly to the costs of reregistration and expe- rived from such fees. The Inspector General a civil money penalty of not more than dited processing of the applications specified shall conduct the annual audit and report July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8141 the findings and recommendations of such In addition, the bill provides several tleman from Texas, Mr. STENHOM, who audit to the Administrator and to the Com- incentives for interested parties who has been a valuable help to us down mittees on Agriculture of the House of Rep- wish to pursue the registration of so- through the years; the gentleman from resentatives and the Senate. The cost of such called ‘‘minor use’’ pesticides to ensure California, Mr. CONDIT; the distin- audit shall be paid for out of the fees col- lected under subsection (i)(5)(C).’’. their availability in critical public guished chairman of the Committee on (f) GOALS.—Subsections (l) and (m) of sec- health and agricultural use situations. Commerce, the gentleman from Vir- tion 4 (7 U.S.C. 136a–1), as amended by sec- This bill requires the Federal Gov- ginia, Mr. BLILEY; Mr. Bruce, a former tion 237, are redesignated as subsections (m) ernment to fully consider any special colleague from Illinois; Mr. Lehman, a and (n) respectively and the following is in- risk to infants and children in regu- former colleague from California, and serted after subsection (k): latory actions. Specifically, when there Mr. Rowland, a former colleague from ‘‘(l) PERFORMANCE MEASURES AND GOAL.— The Administrator shall establish and pub- is not enough reliable data on the risks Georgia. lish annually in the Federal Register per- to infants and children submitted to The ultimate success of this reform formance measures and goals. Such measures support the setting of a food tolerance, will rest with the professionalism and and goals shall include— the bill provides the EPA adminis- the common sense of the Environ- ‘‘(1) the number of products reregistered, trator the flexibility to adjust a pes- mental Protection Agency. Congress canceled, or amended, the status of rereg- ticide food tolerance to ensure that in- will be watching closely as we try to istration, the number and type of data re- fants and children are indeed safe. implement these reforms. We will, to quests under section 3(c)(2)(B) issued to sup- In the National Academy of Sciences ensure that science, not emotion, is the port product reregistration by active ingre- report, Pesticides in the Diets of In- basis of the pesticide regulation. dient, the progress in reducing the number of Mr. Speaker, I reserve the balance of unreviewed, required reregistration studies, fants and Children, the NAS high- the aggregate status of tolerances reas- lighted the EPA’s current practice of my time. sessed, and the number of applications for applying an additional tenfold safety Mr. DE LA GARZA. Mr. Speaker, I registration submitted under subsection factor to the established thousandfold yield myself such time as I may (k)(3) that were approved or disapproved; safety margin in order to ensure safety consume. ‘‘(2) the future schedule for reregistrations, for fetal development. In addition, the Mr. Speaker, it has been a long time including the projection for such schedules bill does provide the EPA the addi- in coming. I am speaking of the amend- that will be issued under subsection (g)(2)(A) ment to FIFRA and the food and drug tional flexibility to apply a safety fac- and (B) in the current fiscal year and the law. Today we have a package before tor of less than ten-fold if the adminis- succeeding fiscal year; and this House that makes amendment to trator determines such a level will be ‘‘(3) the projected year of completion of the how we regulate pesticides, and it is on reregistrations under this section.’’. safe for infants and for children. the suspension calendar. It is hard to The SPEAKER pro tempore. Pursu- To further protect infants and chil- dren, the bill requires the EPA, the De- believe that we have come all this way. ant to the rule, the gentleman from Mr. Speaker, let me echo apprecia- partment of Agriculture, and the FDA Kansas [Mr. ROBERTS] and the gen- tion to all of those Chairman ROBERTS to coordinate their efforts to collect tleman from Texas [Mr. DE LA GARZA] has mentioned as having worked on accurate dietary information on the will each control 20 minutes. this effort. I would like to add only our Mr. Chair recognizes the gentleman eating patterns of U.S. consumers of former colleague from Iowa, Mr. Berk- from Kansas [Mr. ROBERTS]. all ages to ensure the EPA has reliable ley Bedell, who diligently worked on Mr. ROBERTS. Mr. Speaker, I yield data from which to make rational this issue and had it almost to the myself such time as I may consume. science-based regulatory decisions. Mr. Speaker, H.R. 1627, the Food brink of passage at one time. H.R. 1627 also provides the EPA the Mr. Speaker, I have no objections to Quality Protection Act, represents resources necessary to continue the the present bill. However, I have con- nearly a decade of effort to modernize long-delayed reregistration of existing cerns about how it will be imple- the Federal pesticide regulatory sys- pesticides. Over the next 5 years the mented. One of the biggest hurdles, if tem. Today the Committee on Agri- EPA administrator is authorized to not the biggest, to getting where we culture and the Committee on Com- collect up to $76 million in reregistra- are today has been the infamous or fa- merce will accomplish what many tion fees from the pesticide industry to thought simply could not be done; that mous Delaney clause. help the agency meet the task of com- Whatever one’s perspective might be, is, successful consideration on the floor pleting the reviewing of the data of the Delaney clause was a political out- of a pesticide reform bill. pesticides registered prior to 1985. To growth of the public’s fear in the 1950’s Mr. Speaker, this bill has been co- ensure these funds are used only for sponsored by over 240 Members. This of the disease that was being increas- the reregistration program and to en- ingly diagnosed: cancer. Americans bill was made possible by a recognition able Congress to meet its oversight re- from all sides of the debate that the were facing this mysterious killer sponsibilities relative to the program proper use of safe pesticides is a criti- more frequently. Interestingly, at the goals, this legislation requires a strin- cal element in protecting public health same time medicine was improving and gent annual financial and performance and ensuring a safe, abundant, and af- physicians were diagnosing more can- audit of the monies collected and ap- fordable food supply for our American cer. Today we have the capability to consumers. To that end, H.R. 1627 does propriated for the reregistration pro- measure to parts per trillion. There is provide wide latitude for the Environ- gram. no justifiable reason for a test based on Everyone involved in this legislation mental Protection Agency to adapt its zero tolerance like we have with the regulatory system to meet the con- had made significant compromises to Delaney clause. stantly improving scientific informa- reach the goal of passing a valuable re- Mr. Speaker, I would like to mention tion that is available. form, a critical reform of pesticide law. that all of the areas that have been H.R. 1627 reforms the outdated As we near the finish line, it is impor- covered by the chairman of the com- Delaney clause to allow modern tant to commend everyone involved on mittee, minor use crop protection, science, rather than arbitrary rules, to both committees in Congress and many antimicrobial pesticide registration re- be used in evaluating pesticide risks others for the hard work that certainly form, and public health pesticides, and benefits. Just as important, be- brings us to this point. were all very diligently and studiously cause the new standard will be nar- I personally would like to mention worked on by members of the Commit- rative rather than specific, this legisla- the contributions of our former col- tee on Agriculture. tion will allow the regulatory process league and the former Secretary of Ag- I would like to commend our friends to be adjusted as scientific risks and riculture, the late Edward Madigan; from the Committee on Commerce, the benefit assessments simply progress. our former colleague, the late Mr. Bill chairman, the ranking member, and H.R. 1627 also provides additional in- Emerson of Missouri; the chairman the ranking member of the Sub- centives to register new, safer pes- emeritus of the House Committee on committee on Health and Environ- ticides through new authorities that Agriculture, the gentleman from Texas ment, for all the work they have done, allow the EPA to streamline the pes- Mr. KIKA DE LA GARZA, the godfather of and for their diligence in seeing that ticide registration procedures, includ- this entire effort; the gentleman from the needs of society are met to the ex- ing antimicrobial pesticides. Texas, Mr. GEORGE BROWN; the gen- tent that it is possible. H8142 CONGRESSIONAL RECORD — HOUSE July 23, 1996 I have always maintained, Mr. tify trace amounts of pesticide residues Mr. BROWN of California. Mr. Speak- Speaker, that Americans enjoy the was primitive by comparison to today. er, I thank the distinguished gen- safest, least expensive, and most abun- We had not even begun to think about tleman from Texas [Mr. DE LA GARZA] dant food supply in the world and that risk assessment. Where before we could for yielding me this time. legislation is the art of the possible. detect pesticide residues in measure- Mr. Speaker, it seems like some of We are here with that, with what is ments of parts per million, today we do the best decades of my life have been possible. It is not perfect. This is what so in parts per billion, and in some spent working on FIFRA, and I am could be agreed upon. Probably in the cases, parts per trillion. very happy to see this day arrive future it might be further looked at, today. I can remember quite well when b 1230 but for now it is the extent of what is the gentleman from Texas [Mr. DE LA possible, considering all of the areas of We know more about cancer today GARZA], who had been wrestling with concern. To all of those from the Com- than we did then and about the relative this problem as chairman of the appro- mittee on Commerce, we commend risks of trace amounts of carcinogens. priate subcommittee, turned that sub- them and appreciate their work and co- In fact only one thing has remained committee over to me and to the gen- operation. constant since 1958, the Delaney clause tleman from Kansas [Mr. ROBERTS], our Mr. Speaker, commending my col- itself. But despite bipartisan consensus ranking member, and we worked dili- leagues from the Commerce Committee that the Delaney clause needed reform, gently for many years in an effort to on the work that they have done, I Congress was never able to achieve reach the position where we are today. yield half of my time, 10 minutes, to agreement on how best to do so until We had the support of Presidents of the gentleman from California [Mr. now. both parties, and yet we were never WAXMAN], and I ask unanimous consent After weeks of bipartisan negotia- able to succeed. he be permitted to control that time. tions, the Committee on Commerce re- I recite this because I think we He was chairman of the subcommittee ported out a strong bill that makes should appreciate that this bill, along and did tremendous work, and now is much-needed improvements to the reg- with a few others such as the tele- the ranking member of that commit- ulation of pesticides. Under the legisla- communications bill, have come to fru- tee. tion before us today, the Delaney ition only after generations. This may The SPEAKER pro tempore. Is there clause will be replaced with a unified be an example—these two bills, tele- objection to the request of the gen- safety standard. The standard will pro- communications and this—of the bene- tleman from Texas? tect our food quality standards by al- fits and the productivity of working to- There was no objection. lowing for the approval of pesticide tol- gether on a bipartisan basis to solve Mr. WAXMAN. Mr. Speaker, I reserve erances when there is a reasonable cer- real problems in the most constructive the balance of my time. tainty no harm will come to the con- Mr. ROBERTS. Mr. Speaker, it is possible way. I think we have done that suming public. here. with great pleasure that I yield 6 min- For the first time, we will be able to utes to the distinguished gentleman I have to pay particular tribute to address the issue of food safety com- the gentleman from Kansas [Mr. ROB- from Virginia [Mr. BLILEY], chairman prehensively, taking into account the ERTS], my good friend, who never gave of the Committee on Commerce, with- safety of the consuming public, preser- out whose effective leadership we up, who continued to persevere. While vation of the food supply and economic would not be here today passing a criti- he has praised my role, it is his role benefits as well. The legislation estab- cal reform on the Suspension Calendar. that is really the one that is most sig- Mr. BLILEY. Mr. Speaker, I thank lishes strong protections for infants nificant. I gave up years ago, and he the gentleman for his kind remarks and children, adopting the rec- kept on working until we have reached and for yielding me the time. ommendations of the National Re- this day of success. Mr. Speaker, today this House has a search Council’s report. Of course I must also praise our col- great opportunity to strengthen Amer- I would like to thank particularly leagues on the Committee on Com- ica’s food safety laws and improve the the staff on the minority side, Kay merce, the gentleman from Michigan safety and quality of its food supply. Holcombe and Phil Schiliro, to the ad- [Mr. DINGELL] and the gentleman from H.R. 1627, the Food Quality Protection ministration’s Dr. Goldman, Jim California [Mr. WAXMAN]. The Commit- Act of 1996, is a landmark bipartisan Adolia and Bill Schultz, and my staff, tee on Commerce will be recognized as agreement that will bring Federal reg- Howard Cohen and Eric Berger. the source of the most important and ulations of the Nation’s food producers This legislation before us today con- productive legislation we have passed into the 21st century. tains amendments to the Food, Drug in this Congress and, despite my occa- As everyone knows, reforming Amer- and Cosmetic Act exactly as reported sional arguments with the gentleman ica’s food safety laws has been an issue by the House Committee on Commerce. from Michigan [Mr. DINGELL], I praise in Congress for more than a decade. I feel confident that our efforts today him for this. For as long as I can recall, Republicans will improve the safety, abundance and This is a day that many people thought we and Democrats alike have tried to re- affordability of the Nation’s food sup- were not going to see. But today, we are place the outdated Delaney clause with ply. going to pass a bipartisan bill to reform our a modern, workable safety standard. We would not be here without the co- pesticide laws. H.R. 1627 replaces the The Delaney clause is a holdover that operation of everyone, particularly my Delaney clause with a commonsense alter- reflects the science of the 1950’s. friends, the gentleman from Michigan native that is not only scientifically defensible, In fact, the Delaney clause has been [Mr. DINGELL], the ranking member of but will result in comprehensive protection of criticized almost since its inception in the full committee, and the gentleman public health. 1958. How long was that? Well, consider from Hollywood, CA [Mr. WAXMAN], the H.R. 1627, is a good bill. Each of the di- in 1958 ‘‘At the Hop’’ by Danny and the ranking member of the subcommittee, verse array of interest groups who have fol- Juniors, was one of America’s favorite whom I sometimes have a slight dis- lowed this legislation would probably wish to songs; ‘‘Gunsmoke’’ riveted millions of agreement with, and to the gentleman have something included in, or excluded from families to their black and white TV from Florida [Mr. BILIRAKIS], the chair- it. So, from each of their perspectives. H.R. sets; and a gallon of gasoline cost 30 man of the Subcommittee on Health 1627 would not be considered a perfect bill, cents. and Environment of the Committee on but they believe H.R. 1627 represents a sig- Perhaps more telling of all, 1958 was Commerce, who has worked long and nificant improvement over current law. The bill the year Fidel Castro came to power in hard on this issue. is the result of a great deal of hard work by Cuba. Like Castro, the Delaney clause Mr. DE LA GARZA. Mr. Speaker, I the Agriculture and Commerce Committees has cast a long and dark shadow over yield 2 minutes to the distinguished and the administration to fashion these com- the years. By establishing a counter- gentleman from California [Mr. promises and achieve consensus. productive standard for food safety, the BROWN]. Chairman ROBERTS and I have worked on clause has frozen science for 40 years. (Mr. BROWN of California asked and pesticide legislation together for many years. I In 1958 our knowledge of carcinogens was given permission to revise and ex- would like to commend him for his efforts and was in its infancy. Our ability to iden- tend his remarks.) for conducting an inclusive, bipartisan process July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8143 during the consideration of this legislation by of the subcommittee. I also want to ‘‘Pesticides in the Diets of Infants and the Agriculture Committee. This is the way the commend the gentleman from Kansas Children.’’ legislative process should work. [Mr. ROBERTS], the gentleman from It allows the use of benefits in spe- I am pleased to support H.R. 1627, and I California [Mr. CONDIT], and the gen- cific situations, such as where the risk urge my colleagues to do the same. tleman from Texas [Mr. DE LA GARZA]. of not using the pesticide is greater Mr. WAXMAN. Mr. Speaker, I yield 3 The gentleman from Texas [Mr. DE LA than the risk of using it, and where the minutes to the gentleman from Michi- GARZA] is the valuable ranking mem- pesticide is needed to avoid a signifi- gan [Mr. DINGELL], the ranking mem- ber of the Committee on Agriculture cant disruption in the domestic produc- ber of the Committee on Commerce. and has long been interested in this. tion of an adequate, wholesome, and (Mr. DINGELL asked and was given Those gentlemen and many others, economic food supply. permission to revise and extend his re- along with the staff, have made an out- It retains the national uniformity for marks.) standing contribution to the solution Federal pesticide residue tolerance ex- Mr. DINGELL. Mr. Speaker, this is of the problems before us today. I com- cept in limited cases. quite a historic moment, for today we mend them and I thank them for the It gives the administrator the au- consider in the House a piece of legisla- outstanding job which they have done. thority to require data or information tion that literally has been pending be- Mr. ROBERTS. Mr. Speaker, I yield 3 to determine whether a pesticide chem- fore Congress for over a decade. This minutes to the distinguished gen- ical may have an effect similar to an bill overhauls the way the Government tleman from Florida [Mr. BILIRAKIS], effect produced by a naturally occur- regulates pesticides, and at long last the chairman of the Subcommittee on ring estrogen or other endocrine effect. It provides for a consumer informa- deals with the thorny issue of differing Health and Environment of the Com- tion booklet to be distributed by EPA standards for different kinds of food mittee on Commerce. products, and with the scientifically Mr. BILIRAKIS. Mr. Speaker, I ap- to large retail grocers. It establishes limited civil penalties outdated application of the Delaney preciate the gentleman yielding this as an alternate to the current heavy- clause. time to me. I, too, would like to make handed enforcement tools of seizure, It is an amazing compromise that has a few brief points concerning the legis- injunctions, and criminal action. been reached, which has brought to- lation before us today. I am very pleased, as my colleagues gether some of the most staunch and The Food Quality Protection Act is might imagine, Mr. Speaker, with the bitter rivals in this debate—consumer more than just an important reform bipartisan spirit that has helped craft and environmental groups, the food in- initiative. It is, as others have already this legislation. I want to commend the dustry, American agriculture, and the said, the culmination of intensive bi- gentleman from Virginia [Mr. BLILEY], Federal Government agencies who partisan negotiations and, as we have the chairman, the gentleman from oversee pesticide use and safety—the heard here today, has the strong sup- Michigan [Mr. DINGELL], and the gen- Environmental Protection Agency and port of Members on both sides of the tleman from California [Mr. WAXMAN] the Food and Drug Administration. aisle. for their great contributions to this ef- This bill represents the product of The high level of support for this bill fort and, most important, the staffs that successful negotiation. It meets is actually not very surprising when we who worked long and late hours to get the need of the agriculture and food in- stop to think about it. Food safety re- us to this point. This is a reform meas- dustries for proper, consistent regula- form has been a primary focus of Con- ure of which we all have reason to be tion of pesticides, without arbitrary gress for more than a decade. That is proud. standards such as the outdated and in- because for farmers, for processors, Mr. WAXMAN. Mr. Speaker, I yield appropriate Delaney clause. manufacturers and of course for con- myself 3 minutes. In accomplishing that goal, the bill sumers the zero risk standard of the Mr. Speaker, I rise in strong support delicately strikes the essential balance Delaney clause has served to freeze 1950 of H.R. 1627 and want to commend between this legitimate need and science into law. Chairmen BLILEY and ROBERTS, sub- consumer desire to continue the al- When the Delaney clause was enacted committee Chairman BILIRAKIS, and ready high level of safety of American in 1958, the body of scientific knowl- JOHN DINGELL for their efforts to re- food. edge on cancer was very limited. Of solve this issue and bring this impor- Specifically, the legislation adopts course we have made tremendous tant legislation to the floor. the widely held view that special atten- strides, thank God, in detecting and In the last 2 weeks, we have worked tion must be paid to dietary habits and fighting cancer but our pesticide regu- together to resolve a problem that has health needs of special populations, lations have not been allowed to keep frustrated Congress for nearly two dec- such as children. At the same time, it pace with scientific advances. ades. And in reaching this agreement, provides flexibility to use methods and As a result, it is essential that we we have found a way to reconcile fun- numbers that are appropriate and sup- adopt a modern consistent standard for damentally different positions into a ported by valid information. determining the safety of our food sup- strong bill that will benefit all Ameri- Significantly, the bill recognizes the ply. H.R. 1627 has the support of the cans. importance of pesticides to the food Food Chain Coalition which includes The starting point for this com- supply, and builds this benefit into the the American Farm Bureau Federa- promise is the repeal of the Delaney evaluation of how pesticides are used. tion, the American Meat Institute, Clause and the creation of a single No one group or individual will con- Grocery Manufacturers of America, the health-based standard that will apply sider this to be perfect legislation, nor Independent Bakers Association, the to all foods. This reform gives industry does it fulfill the full agenda of any one National Cattlemen’s Beef Association, needed regulatory flexibility while pro- party. Its development required signifi- the National Farmers Union, the Unit- viding important health protections to cant concessions from every quarter; it ed Fresh Fruit and Vegetable Associa- American families. demonstrates that worthy goals are tion, and, of course, so many others In passing this legislation we are en- achievable through compromise. We that I have not mentioned. suring that pesticides will present no are pleased that bipartisan negotiation The legislation before us is a long- danger to our children. H.R. 1627 re- produced good legislation. overdue step forward in the Nation’s ef- quires the Environmental Protection I want to express my appreciation to forts to produce the best food supply Agency—when establishing safety tol- my colleagues from California, Michi- possible. It establishes a unified gen- erances that apply to all Americans— gan, Texas, and New York—Mr. WAX- eral risk-setting standard for pesticides to consider any special impacts a pes- MAN, Mr. STUPAK, Mr. HALL, and Mr. based on a standard of safety which is ticide may have on infants and chil- TOWNS. defined as a reasonable certainty of no dren and ensure that any aggregate ex- Mr. Speaker, I commend the gen- harm. posure to a pesticide chemical residue tleman from Virginia [Mr. BLILEY], the It contains requirements for toler- present a reasonable certainty of no chairman of the Committee on Com- ance setting which are directly respon- harm to them. This provision cannot merce, and also the gentleman from sible to the recommendations of the be waived for eligible pesticide chemi- Florida [Mr. BILIRAKIS], the chairman National Research Council’s report on cal residues. H8144 CONGRESSIONAL RECORD — HOUSE July 23, 1996

H.R. 1627 also establishes an estrogen fornia, Mr. WAXMAN, and the gen- tee, this is the second major bill from screening program and a right-to-know tleman from Florida, Mr. BILIRAKIS. the Commerce Committee—I know Ag- initiative that will provide vital infor- Without their hard work, we could not riculture has a major role—the first mation to consumers. have accomplished what we are accom- one being telecommunications and now I am pleased to announce to my col- plishing here today. this one, that is going to be signed into leagues that H.R. 1627 is supported by a I strongly believe that the resulting law. Credit goes to the gentleman from number of environmental and public legislation represents the best ap- Virginia, Chairman BLILEY, the gen- health groups, including: the American proach for needed reform in food safe- tleman from Texas, Mr. DE LA GARZA, Preventative Medical Association; the ty. This action sends a strong message the gentleman from Kansas, Mr. ROB- American Public Health Association; that many Members of Congress are se- ERTS, the gentleman from California, Center for Science in the Public Inter- rious about this essential reform and Mr. WAXMAN, and the gentleman from est; Citizen Action; Citizen Health; we must not miss this opportunity to Michigan, Mr. DINGELL. Consumers Union; the Environmental move forward. I have been in Congress 14 years. We Defense Fund; the Environmental The Delaney Clause, while well-in- started working on this bill, someone Working Group; the National Audobon tended 34 years ago, has become a prob- said 10 years ago, I think the gen- Society; the National PTA; the Na- lem that must be replaced by sound tleman from California [Mr. CONDIT]. It tional Wildlife Federation; the Na- science and negligible risk. H.R. 1627 seems to me the first year I was here tional Resources Defense Council; Phy- will finally replace the inconsistent we started working, never could come sicians for Social Responsibility; Pub- standard that now governs pesticide together, always major divisions. The lic Voice; and World Wildlife Fund. residue with a single modern standard Delaney Clause is like an institution. This is not a bill of winners and los- applied uniformly to pesticide residue It is like a building that you cannot ers. It is a bill of winners. Industry in all foods. We cannot tell farmers take down. wins because it receives regulatory re- that a minimum level of certain pes- It has been modified. It is a good lief and health and environmental pub- ticide residue is safe on fresh market compromise and, Mr. Chairman, I com- lic interest groups win because impor- produce but not safe enough on such mend those that worked hard on this. tant health safeguards are guaranteed. products sent to be processed. It shows that we can get something Most importantly, H.R. 1627 is a major This is an historical day. A lot of done if we just work together and com- victory for common sense and for all people have worked very hard, and I promise and forget that there is an Americans. am delighted and honored to be a part election and a presidential election, This compromise is only possible be- of this solution. which I know is very difficult to do cause a lot of hard work has been done Mr. ROBERTS. Mr. Speaker, I yield 1 these days. I do want to commend the by congressional staff and administra- minute to the gentleman from New authors of this bill. tion officials. And I want to commend York [Mr. WALSH], a former member of Mr. WAXMAN. Mr. Speaker, I yield 2 both industry and environmental the House Committee on Agriculture, a minutes to the gentleman from New distinguished member of the Commit- groups for their willingness to put York [Mr. TOWNS]. tee on Appropriations, and a gentleman aside long-held positions and find com- Mr. TOWNS. Mr. Speaker, I would who has worked long and hard on the mon ground in this proposal. like to begin by thanking the gen- Mr. Speaker, I do want to mention Delaney Clause. tleman from Virginia [Mr. BLILEY], the that while this bill is originating in the (Mr. WALSH asked and was given gentleman from Michigan [Mr. DIN- House, there has been an enormous permission to revise and extend his re- GELL], the gentleman from Florida [Mr. amount of work that has been done on marks.) BILIRAKIS], and of course the gen- this legislation in the other body, and Mr. WALSH. Mr. Speaker, I would tleman from California [Mr. WAXMAN], like to just take a moment to con- I particularly want to single out the and the majority and minority staff, as gratulate everyone, both sides of the work that has been done by Senators well as the gentleman from Kansas KENNEDY, LEAHY, LUGAR, and KASSE- aisle, Republicans and Democrats, [Mr. ROBERTS], and of course the gen- BAUM. They have struggled with this chairmen and ranking members, who tleman from Texas [Mr. DE LA GARZA], worked to find a reasonable solution to issue and we hope they will now, after for their outstanding job in bringing us this problem. This is a problem that we pass this bill, join with us in put- to where we are today. ting the finishing touches on the work the country, our producers, our proc- If we do not change the Delaney for which they have endeavored for so essors, our consumers, it has bedeviled Clause, fruits and vegetables will be- many years. them for a long, long time, and this ap- come less abundant and poorer in qual- Our colleagues deserve commenda- proach to legislation is remarkable. ity. Consumers, particularly low-in- tion, particularly Chairman BLILEY, The result is remarkable. It is good for come consumers, will not have access Mr. BILIRAKIS, Mr. DINGELL and others everyone. to fruits and vegetables that are afford- who will be addressing us. I carried the rider last year on the able and readily available. If we urge Mr. Speaker, I reserve the balance of Delaney Clause that would have pre- Americans to improve their health by my time. vented the EPA from delicensing changing their diets, then we must en- b chemicals that did not meet the stand- 1245 ard that the court required them to sure that the elements of a healthy Mr. DE LA GARZA. Mr. Speaker, I meet. That was a strong measure. We diet, like fresh fruits and vegetables, yield 2 minutes to the distinguished backed away from that to provide some are both economical and available. gentleman from California [Mr. pressure to the legislative process. The The measures before us today will en- CONDIT], the ranking member of the Committee on Commerce responded, sure continued access by all Americans subcommittee. and I think it is a terrific solution, and to safe, abundant, and affordable foods. (Mr. CONDIT asked and was given I congratulate all of you. The bipartisan support of H.R. 1627 has permission to revise and extend his re- Mr. WAXMAN. Mr. Speaker, I yield 1 resulted in a balanced approach to re- marks.) minute to the gentleman from New form of the Delaney Clause in a very Mr. CONDIT. Mr. Speaker, this cul- Mexico [Mr. RICHARDSON]. positive way. minates over a decade of work by many (Mr. RICHARDSON asked and was Mr. Speaker, I urge all my colleagues Members of Congress, and without given permission to revise and extend to vote for this bill. Failure to do so their leadership this would not be hap- his remarks.) only harms the American consumers, pening today. I want to single out a Mr. RICHARDSON. Mr. Speaker, we and I think that we do not want to few people: the gentleman from Kan- do a lot of bills around here that never harm them, we want to help them. This sas, Chairman ROBERTS, the gentleman are signed into law, but let me say that bill is help for them. from Virginia, Chairman BLILEY, the here is one that will be because it is a Mr. ROBERTS. Mr. Speaker, I yield gentleman from Texas, Mr. DE LA compromise. myself such time as I may consume. GARZA, the gentleman from Michigan, Mr. Speaker, let me just say that, as We have no further request for time on Mr. DINGELL, the gentleman from Cali- a member of the Commerce Commit- this side. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8145 (Mr. ROBERTS asked and was given safety may be compromised by efforts to pro- cerned that endangered species protection permission to revise and extend his re- tect endangered species. There are commer- measures could inappropriately restrict, marks and to include extraneous mate- cial facilities which are part of this nation’s within areas designated for the protection of rial.) food production and distribution system, endangered species, use of certain pesticides. such as processing plants, warehouses, gro- Specifically, a concern was raised that use of Mr. ROBERTS. Mr. Speaker, I would cery stores, restaurants, etc., which are lo- pesticides that are important to control like to observe this: I would like to cated in critical habitat areas where the use pests which may damage or contaminate thank the gentleman from California of pest control tools may be prohibited or se- food items may be unduly limited by endan- [Mr. BROWN] very much for his very verely restricted. While the Committee rec- gered species protection measures in the kind comments. GEORGE BROWN has ognizes the importance of preventing the de- State of California. provided more expertise on FIFRA struction of endangered species, it is con- We believe that the federal, state and local than perhaps any other Member. cerned that unwarranted actions to protect a agencies in California responsible for endan- species could result in the unchecked spread The gentleman from Texas [Mr. DE LA gered species protection recognized this con- of rodent-, insect-, or other pest vector-borne GARZA] mentioned the gentleman from cern and have worked with all stakeholders diseases that could pose serious threats to to appropriately resolve this situation. Fur- Iowa, Mr. Berkley Bedell. I can remem- consumer and food safety. thermore, the information available to us in- ber well when we passed a FIFRA re- The Committee strongly believes that pre- dicates that pesticide labels and the state- serving the safety and wholesomeness of this form on the House side. It did not pass initiated endangered species plans do not un- nation’s food supply is paramount. Managers the Senate. We had adjourned, and necessarily restrict responsible pesticide use of food processing and handling facilities, Berkley Bedell had me in tow over on and do provide for both safe and effective use and public health officials, must be able to of pesticides in these situations. the Senate side trying to find real live take the steps necessary to control pests Senators to try to get this done. So that may pose a threat to public health. The Obviously, we understand that controlling this one is for Berkley. managers of these facilities generally rely on pests in food storage and processing facili- I would like to also thank my staff. certified commercial applicators or persons ties can be a significant public health con- There are no self-made men or women under their direct supervision who are cern, and we will continue to work with the in public office. It is your friends and trained to apply rodenticides and other pes- appropriate state and federal officials to staff who make you what you are, more ticides in safe manner, which helps ensure make sure that important public health pro- that these products are only used when and tection measures are not unnecessarily re- especially Mr. Bill O’Conner, who stricted. worked long and hard for Mr. Madigan where necessary. One of the overriding goals of H.R. 1627 is In addition, we stand ready to work with both when he was the ranking member to eliminate the statutory and regulatory you, members of your committee, and the of the committee and the Secretary of paradoxes that inhibit the efficient, science- state, local and Federal authorities to re- Agriculture. based administration of FIFRA and the Fed- solve legitimate concerns that may arise re- I would like to mention Mr. Gary eral Food, Drug, and Cosmetic Act. The garding this issue. Please let me know if I Mitchell, who is our staff director, who Committee believes this goal should be con- may be of further assistance. had the FIFRA responsibilities when I sidered when reforms to other statutes, such Sincerely, was the ranking member of the sub- as the Endangered Species Act, are under- LYNN R. GOLDMAN, M.D., committee. taken to make certain that the safety and Assistant Administrator. wholesomeness of a consumer’s food supply, And, more especially, Mr. Dale especially for infants and children, is ade- FOOD CHAIN COALITION, Moore. Dale is a former rodeo rider, quately protected. July 23, 1996. and every time we let the FIFRA horse The Committee recognizes this concern Hon. THOMAS J. BLILEY, Jr., out of the chute, we could not even can be addressed rationally in many cases House of Representatives, Rayburn House Office through the cooperative efforts of federal saddle him, let alone ride the full 10 Building, Washington, DC. seconds to finally get something done. and state regulatory officials, and is encour- DEAR CONGRESSMAN BLILEY: Last week, So in this particular case where it is a aged that federal and state agencies are ex- amining this issue. For example, the Califor- representatives of the Administration, indus- rodeo of achievement, if you will, I es- nia Environmental Protection Agency’s De- try and the environmental community pecially want to thank Dale. partment of Pesticide Regulation states, ‘‘A reached compromise agreement on H.R. 1627, It is rare during an even-numbered categorical exemption for food processing ‘‘The Food Quality Protection Act,’’ after year when we have had great con- plants and other industrial and institutional several weeks of negotiations. This bill rep- troversy and strong differences of opin- use could probably be made with little, if resents the best opportunity in a decade to ion in this Congress, that we have a any, impact on listed species. In particular, modernize the Delaney Clause and strength- situation where the gentleman from the use of toxicant inside of buildings or im- en our nation’s food laws. Virginia, TOM BLILEY, the gentleman mediately adjacent to buildings does not The House of Representatives is expected seem to pose a hazard to listed species.’’ today to consider H.R. 1627, and the Senate from Florida, MIKE BILIRAKIS, and the The Committee expects the EPA to inves- has indicated the intention to quickly follow gentleman from Kansas, PAT ROBERTS, tigate this issue and any related situations suit. As Americans working to produce, proc- stood with the gentleman from Texas, where competing regulatory actions by the ess and market our nation’s food supply, we KIKA DE LA GARZA, the gentleman from Agency, other federal agencies, or state urge your support for this critically impor- Michigan, JOHN DINGELL, and the gen- agencies pose a threat to consumers or the tant bill. tleman from California, HENRY WAX- U.S. food supply, and to act quickly to rem- There is virtually unanimous agreement MAN, representing the environmental edy these situations. In addition, if the EPA that an overhaul of the outdated Delaney community, the agriculture commu- is unable to address the situation in an effi- clause for pesticide residues is long overdue. cient and fair manner, the Agency should nity, industry, and the administration. With the very limited number of legislative promptly notify this and any other commit- days remaining this year, the need for action We have done something and we are tee of appropriate jurisdiction. If resolution proud of it. We have 55 different organi- to accomplish that objective is now more ur- is prohibited because of competing or incon- gent than ever. zations who have signed on with this sistent provisions of law, the Committee also reform. It is good reform. It is the kind expects the Agency to provide legislative EPA recently proposed disallowing the use of five pesticides on a number of crops under of thing that we should do more of. proposals that may be needed to ensure that the Administrator has sufficient statutory the Delaney Clause, even though the agency Mr. Speaker, I include for the has repeatedly stated its belief that those RECORD report language to accompany authority to address these situations in a common sense, science-based manner. pesticides pose no significant health risk to H.R. 1627 regarding the use of reg- consumers. By April 1997, EPA is due to de- istered pesticides to protect public U.S. ENVIRONMENTAL termine whether to disallow up to 40 addi- health and safety, and a letter from the PROTECTION AGENCY, tional uses; without corrective action, farm- Environmental Protection Agency on Washington, DC, July 18, 1996. ers could lose the use of a number of safe and effective crop protection tools that keep the the same matter; as well as report lan- Hon. PAT ROBERTS, guage developed to address a concern Chairman, Committee on Agriculture, House of American food supply abundant and afford- able. related to the Endangered Species Act: Representatives, Washington, DC. DEAR MR. CHAIRMAN: Thank you for your The compromise version of ‘‘The Food REPORT LANGUAGE TO ACCOMPANY H.R. 1627 request regarding clarification of the effect Quality Protection Act’’ has received bipar- USE OF REGISTERED PESTICIDES TO PROTECT that endangered species protection measures tisan praise from both the House and Senate, PUBLIC HEALTH AND SAFETY may have on the use of pesticides to control with key Republican and Democratic leaders The Committee is aware of the potential pests in food processing or handling ware- stating that it is their goal to see this legis- for situations in which public health and houses. We understand that some are con- lation signed into law by the President this H8146 CONGRESSIONAL RECORD — HOUSE July 23, 1996 year. We urge its prompt adoption by the Mr. Speaker, we have a good bill. It significantly to the health of individuals and the House. is a good compromise. The American environment. It is this bill, H.R. 1627, that Sincerely, people should look upon this with takes into consideration both the individual Agricultural Council of California; Agri Bank; Agri-Mark, Inc.; Agway, Inc.; Amer- favor. I ask our colleagues, as well, to and the environment. ican Bakers Association; American Crystal give their support to it. Mr. Speaker, technology today makes zero Sugar Company; American Farm Bureau Mr. Speaker, I yield back the balance risk a much outdated policy. This legislation Federation; American Meat Institute; Amer- of my time. provides a commonsense answer to ensuring ican Feed Industry Association; Apricot Pro- Mr. DE LA GARZA. Mr. Speaker, I consumer access to a healthy, abundant, af- ducers of California; and Atlantic Dairy Co- yield myself such time as I may fordable, and most importantlyÐa safe food operative. consume. supply. I congratulate Mr. ROBERTS and Mr. Biscuit & Cracker Manufacturers Associa- Mr. Speaker, let me add my com- BLILEY on this historic agreement. tion; Blue Diamond Growers; California To- mendation to all of the staffs from the mato Growers Association, Inc.; California Mr. ROEMER. Mr. Speaker, I rise in support Pear Growers; Chemical Specialties Manu- committees, including the hard work of H.R. 1627, the Pesticide Regulation Reform facturers Association; Chocolate Manufac- done by the members’ staff of the Agri- Act. I want to congratulate my colleagues who turers Association; Gold Kist, Inc.; Grocery culture Committee. have worked so hard to produce a bill that Manufacturers of America; and Growmark. Mr. Speaker, when I became a sub- helps our farmers while protecting public safe- Harvest States; Independent Bakers Asso- committee chairman three decades ty, and has considered the concerns of ciation; International Apple Institute; Inter- ago, the first major bill that was re- consumer and environmental groups as well. national Dairy Foods Association; Kansas ferred to our subcommittee was Fixing the provision known as the Delaney Grain and Feed Association; Kraft Foods, In- FIFRA. I did not know what the word corporated; Land O’Lakes; Michigan Agri- clause is important. When this provision was business Association; Milk Marketing Inc.; stood for at that time, and I have written, only the largest percentages of car- National Agricultural Aviation Association; worked with FIFRA since then. As cinogens could be detected in the food supply. and National Cattlemen’s Beef Association. Members know, I will not be returning With modern technology now being able to de- National Confectioners Association; Na- the next session of Congress, and I tect trace quantities in the range of parts per tional Council of Farmer Cooperatives; Na- think probably with this unanimity trillion and beyond, updating this law is critical. tional Farmers Union; National Food Proc- and all this good will, that it may well EPA itself has tried to use a more workable, essors Association; National Grain and Feed be the crown of my retirement that we Association; National Grain Trade Council; scientific standard, but the courts have ruled National Grange; National Grape Co-opera- hopefully go through the Senate and otherwise. tive Association, Inc; National Pasta Asso- finish with a FIFRA bill as I leave this This legislation will help our farmers by ciation; and Nebraska Cooperative Council. Congress. using less intrusive, modern standards. In North American Export Grain Association; We worked diligently. There have using more common-sense tolerance stand- Oklahoma Grain and Feed Association; been many, many long hours of hard ards, we not only protect consumers, but may Produce Marketing Association; Pro-Fac Co- work. There have been discussions, reduce the cost to farmers of getting their operative; SF Services, Inc.; Snack Food As- heated and otherwise, but to arrive at goods to market. This is also good for con- sociation; South Dakota Association of Co- this point on a suspension calendar is operatives; and Southern States Cooperative. sumers. In addition, the bill observes the spe- Tortilla Industry Association; USA Rice something worthy to be remembered. cial needs of infants and children who may be Federation; United Fresh Fruit and Vegeta- It is historic, and I am so proud to have more susceptible to the presence of pesticides ble Association; Upstate Milk Cooperatives, been a small part of this endeavor. It in food. Inc.; Utah Council of Farmer Cooperatives; will be something that I can go home Finally, the legislation achieves balance in and Wisconsin Agri-Service Association. with and point to with pride. considering the benefits of risk analysis and Mr. WAXMAN. Mr. Speaker, I yield With that, I ask all of the Members recognition of the public's right of access to in- myself such time as I may consume. to give us their support and their vote formation on Government policy. Informed Mr. Speaker, in closing I want to on this legislation. consumers are happy consumers, and this bill point out that what we are doing here Mr. BUYER. Mr. Speaker, the bill before us gives badly needed aid to our farmers while today is what the American people ex- today is long overdue. I am delighted that this helping to keep consumers aware of changes pect of us, to work out compromises, legislation has not only passed two House in agricultural regulations. not to go to any extreme but to look committees but will pass the full House of Mr. Speaker, America's farmers have made for a middle ground. I want to particu- Representatives today. There have been times great sacrifices this year, not only in sharing larly thank the chairman of our com- that I never thought we would be able to get budget cuts but in widely accepting the re- mittee, the gentleman from Virginia to this point. Those in the agribusiness indus- cently passed farm bill. This legislation is a [Mr. BLILEY], for this leadership, and try know first hand what a truly historic agree- small step in recognizing the farmer's contribu- the gentleman from Florida [Mr. BILI- ment this is. I applaud the Agriculture Commit- tion to a balanced budget and fiscal stability RAKIS], as the chairman of the sub- tee and the Commerce Committee for com- for our country. committee. pleting action on this legislation and bringing it Mr. BEREUTER. Mr. Speaker, this Member We do have on occasion, a difference to the floor of the House. is concerned that H.R. 1627 did not include of opinion. We have a different starting Mr. Speaker, almost 4 years ago, I formed even a modified version of a provision that point as we look at the role of govern- the Fifth District Agricultural and Rural Advi- was included in the original House Agriculture ment; but they were good enough to sory Committee. Made of those who daily Committee bill per this Member's request, look at this as a practical matter, to work in their agribusiness and farm commu- which was subsequently deleted from this bill. try to think through how we could nities, this committee listed reforms of the This Member has severe reservations and make a constructive proposal work so Delany clause as one of their top concerns. regrets and faults the administrationÐspecifi- that we could get an idea passed into The efforts of the 104th Congress to bring cally Environmental Protection Agency Admin- law. common sense to this matter without endan- istrator Carol Browner, Department of Agri- I want to thank all the staff of our gering the supply of food in the United States culture Secretary Dan Glickman, and Depart- committee, Howard Cohen, Eric is to be commended. ment of the Interior Secretary Bruce BabbittÐ Berger, Kay Holcombe; Greg Dotson, H.R. 1627, the Federal Insecticide, Fun- which in a letter to the House Agriculture and Phil Schilirop; and the people in gicide, and Rodenticide Act [FIFRA], reforms Committee chairman, the distinguished gen- the administration, as well, Lynn Gold- the outdated Delaney clause and allows sound tleman from Kansas [Mr. ROBERTS], attempted man, Jim Aidala, Larry Elsworth, Bill science to prevail. It offers a framework of to intimidate the committee into deleting this Schultz, and Phil Barnett. standards that allows the EPA the flexibility to Member's modified provision. This Member I would point out that President consider pertinent public health factors when protested this deletion strenuously and by all Clinton put this issue on the agenda setting pesticide residue levels. legitimate means. when he proposed that we do some- Mr. Speaker, most would agree that the Specifically, this Member's provision would thing on this very matter. The bill we United States enjoys the safest food supply in have allowed Indian tribes to enforce FIFRA are sending to the Senate and then the world. The abundance and affordability is regulations for the entire area of a reservation hopefully on to him in many ways in large part due to the prudent use of pest only if at least 50 percent of the lands in the tracks what he proposed and in many control. Pesticides are necessary tools that reservation are owned by the tribe or Indians. ways improves and changes it. when used in a responsible manner contribute This provision is needed to address legitimate July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8147 concerns raised by non-Indian landowners to current standards for processed food. Why today in the order in which that mo- who own land within reservation boundaries. do we need the changes in this bill? Well, in tion was entertained. Non-Indians own more than one-half of the the 1950's, testing equipment could detect Votes will be taken in the following land in two Indian reservations within this cancer-causing residues to the range of one order: H.R. 3564, as amended, by the Member's congressional district. In fact on one part per million. With today's testing equip- yeas and nays, and H.R. 1627, as amend- reservation in this Member's district, non-Indi- ment, we can detect parts per trillion. What ed, by the yeas and nays. ans won about 84 percent of the land. This does all that mean? That means with today's The Chair will reduce to 5 minutes provision is very important to constituents in testing equipment, we can detect a glass of the time for any electronic vote after this Member's district to assure that the rela- beer in Lake Michigan. And since the 1950's the first such vote in this series. tions between members of Indian tribes and Delaney clause says that no traces of cancer- f non-Indians owning land within reservation causing residues can exist in the food supply, boundaries are not further exacerbated. and traces can be found in parts per trillion NATO ENLARGEMENT Where we have more than one-half of the now, the EPA simply cannot enforce this im- FACILITATION ACT OF 1996 reservation owned by non-IndiansÐand the possibly high standard. The SPEAKER pro tempore. The one case mentioned previously where about Now that we can detect residues to such pending business is the question of sus- 84 percent is owned by non-IndiansÐit is rea- minute levels, we have to give the EPA en- pending the rules and passing the bill, sonable that non-Indian lands have FIFRA en- forceable standards to protect our food supply. H.R. 3564. forcement by State government just as States And our bill does just that. We tell the EPA to The Clerk read the title of the bill. enforce FIFRA for the rest of the State. That establish a reasonable certainty standard so The SPEAKER pro tempore. The is what the language suggested by this Mem- that it can take advantage of the latest sci- question is on the motion offered by ber would have done. The way it is now, non- entific advances to maintain our food safety, the gentleman from New York [Mr. Indian property owners will have enforcement while not being bound by those very advances GILMAN] that the House suspend the conducted by a governmental bodyÐthe tribal to impossible-to-enforce laws. rule and pass the bill, H.R. 3564, on councilÐfor which they have absolutely no What will our bill result in? Safer and newer which the yeas and nays are ordered. role in electing. Many of the Member's con- pesticides for our farmers. Better harvests, be- The vote was taken by electronic de- stituents have made it absolutely clear that cause farmers will not be limited to, and be vice, and there were—yeas 353, nays 65, this regulation of private property by officials forced to overuse, fewer pesticides to protect not voting 15, as follows: employed by a tribal government will exacer- their crops. Safer food for Americans, because [Roll No. 338] bate Indian/non-Indian relations. This Mem- the EPA will finally have an enforceable food YEAS—353 ber's language would have avoided that prob- safety law. I urge support for H.R. 1627. Ackerman Clyburn Geren lem by preserving the tribal council's role in Mr. DE LA GARZA. Mr. Speaker, I Allard Coble Gibbons enforcing FIFRA regulation on Indian owned yield back the balance of my time. Andrews Coleman Gilchrest or tribal lands on reservations if they own The SPEAKER pro tempore (Mr. Archer Collins (MI) Gillmor more than 50 percent of the reservation land. HAYWORTH). The question is on the mo- Armey Combest Gilman Bachus Condit Gonzalez Mr. Speaker, nevertheless, the critical ad- tion of the gentleman from Kansas [Mr. Baesler Costello Goodlatte vances in this legislation, especially as they ROBERTS] that the House suspend the Baker (CA) Cox Goodling relate to the Delaney clause, argue over- rules and pass the bill, H.R. 1627, as Baker (LA) Coyne Gordon whelmingly for the support of this legislation. Baldacci Cramer Goss amended. Ballenger Crane Graham Mr. GUTKNECHT. Mr. Speaker, today's The question was taken. Barcia Cremeans Green (TX) long-overdue passage of H.R. 1627, the Food Mr. BLILEY. Mr. Speaker, on that, I Barrett (NE) Cummings Greene (UT) Quality Protection Act, is further evidence that demand the yeas and nays. Barrett (WI) Cunningham Greenwood Bartlett Davis Gunderson this Congress not only talks about regulatory The yeas and nays were ordered. Barton de la Garza Gutierrez reform, but acts on it. The SPEAKER pro tempore. Pursu- Bass DeLauro Gutknecht Food processors and farmers in my district ant to clause 5, rule I, and the Chair’s Bateman DeLay Hall (OH) want to preserve the safety of our Nation's Becerra Deutsch Hall (TX) prior announcement, further proceed- Bentsen Diaz-Balart Hamilton food supply. They also recognize that our ings on this motion will be postponed. Bereuter Dickey Hansen technology has outgrown the regulatory de- f Bevill Dicks Harman mands of the Delaney Clause. For decades, Bilbray Dingell Hastert they have urged Congress to update this law. GENERAL LEAVE Bilirakis Dixon Hastings (FL) Bishop Doggett Hastings (WA) I am pleased that today we have. Mr. ROBERTS. Mr. Speaker, I ask Bliley Dooley Hayes I hope passage of H.R. 1627 will allow the unanimous consent that all Members Blumenauer Doolittle Hayworth Blute Dornan Hefley House to move forward in passing another re- may have 5 legislative days within form bill that enjoys bipartisan supportÐH.R. Boehlert Doyle Hefner which to revise and extend their re- Boehner Dreier Heineman 3338, the Antimicrobial Pesticide Registration marks on H.R. 1627, as amended. Bonilla Dunn Herger Reform Act. Bonior Durbin Hilliard The SPEAKER pro tempore. Is there Borski Edwards Hinchey This bill allows for a separate regulatory def- objection to the request of the gen- inition for antimicrobial pesticides. Under cur- Boucher Ehlers Hobson tleman from Kansas? Brewster Ehrlich Hoekstra rent conditions, the EPA treats There was no objection. Browder Engel Hoke antimicrobialsÐsubstances like bleaches and Brown (CA) English Holden cleansers that limit the growth of f Brown (FL) Eshoo Horn Brown (OH) Evans Hostettler microogranismsÐlike more traditional pes- THE JOURNAL Brownback Ewing Houghton ticides, even though their uses differ signifi- Bryant (TN) Farr Hoyer cantly. This has caused unreasonable and un- The SPEAKER pro tempore. Pursu- Bunn Fawell Hunter necessary delays in getting improved products ant to clause 5 of rule I, the pending Bunning Fields (TX) Hyde business is the question of the Speak- Burr Flake Inglis to market. Burton Flanagan Istook I urge the House to continue to demonstrate er’s approval of the Journal of the last Callahan Foglietta Jackson (IL) its commitment to commonsense regulatory day’s proceedings. Calvert Foley Jackson-Lee Pursuant to clause 1, rule I, the Jour- Camp Forbes (TX) reform by acting on H.R. 3338. Campbell Fowler Jefferson Mr. CAMP. Mr. Speaker, I rise in support of nal stands approved. Canady Fox Johnson (CT) H.R. 1627, a commonsense environmental f Cardin Frank (MA) Johnson (SD) Castle Franks (CT) Johnson, E. B. measure that is good for American consumers Chabot Franks (NJ) Johnson, Sam and American farmers. The bill reforms the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Chambliss Frelinghuysen Jones out-of-date Delaney clause that was passed in Chapman Frisa Kanjorski the 1950's to protect the food supply from The SPEAKER pro tempore. Pursu- Christensen Frost Kaptur Chrysler Gallegly Kasich cancer-causing products. ant to clause 5 of rule I, the Chair will Clay Ganske Kelly The bill before us actually strengthens the now put the question on each motion Clayton Gejdenson Kennedy (MA) objectives of the 1950's law. It strengthens to suspend the rules on which further Clement Gekas Kennedy (RI) regulations of raw food, while bringing balance proceedings were postponed earlier Clinger Gephardt Kennelly H8148 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Kildee Morella Shuster changed their vote from ‘‘yea’’ to Harman McDermott Salmon Kim Murtha Skaggs Hastert McHale Sanders King Myers Skeen ‘‘nay.’’ Hastings (FL) McHugh Sanford Kingston Myrick Skelton Mr. MCINNIS changed his vote from Hastings (WA) McInnis Sawyer Kleczka Nadler Slaughter ‘‘nay’’ to ‘‘yea.’’ Hayes McIntosh Scarborough Klink Neal Smith (MI) So (two-thirds having voted in favor Hayworth McKeon Schaefer Klug Nethercutt Smith (NJ) Hefley McKinney Schiff Knollenberg Ney Smith (TX) thereof) the rules were suspended and Hefner McNulty Schroeder Kolbe Nussle Smith (WA) the bill, as amended, was passed. Heineman Meehan Schumer LaFalce Oberstar Solomon The result of the vote was announced Herger Meek Scott Lantos Obey Spence Hilleary Menendez Seastrand Largent Olver Stearns as above recorded. Hilliard Metcalf Sensenbrenner Latham Ortiz Stenholm A motion to reconsider was laid on Hinchey Meyers Serrano LaTourette Orton Stokes the table. Hobson Mica Shadegg Lazio Owens Studds Hoekstra Millender- Shaw Leach Oxley Stupak f Hoke McDonald Shays Levin Packard Talent Holden Miller (CA) Shuster Lewis (CA) Pallone Tate FOOD QUALITY PROTECTION ACT Horn Miller (FL) Sisisky Lewis (GA) Parker Tauzin OF 1996 Hostettler Minge Skaggs Lewis (KY) Pastor Taylor (MS) Houghton Mink Skeen Lightfoot Paxon Taylor (NC) The SPEAKER pro tempore (Mr. Hoyer Moakley Skelton Linder Payne (NJ) Tejeda HAYWORTH). The pending business is Hunter Molinari Slaughter Lipinski Payne (VA) Thomas Hutchinson Mollohan Smith (MI) Livingston Pelosi Thompson question of suspending the rules and Hyde Montgomery Smith (NJ) LoBiondo Peterson (FL) Thornberry passing the bill, H.R. 1627, as amended. Inglis Moorhead Smith (TX) Lofgren Pomeroy Thornton The Clerk read the title of the bill. Istook Moran Smith (WA) Longley Porter Thurman Jackson (IL) Morella Solomon Lowey Portman Tiahrt The SPEAKER pro tempore. The Jackson-Lee Murtha Souder Lucas Pryce Torkildsen question is on the motion offered by (TX) Myers Spence Luther Quillen Torres the gentleman from Kansas [Mr. ROB- Jacobs Myrick Spratt Maloney Quinn Towns ERTS] that the House suspend the rules Jefferson Nadler Stark Manton Radanovich Upton Johnson (CT) Neal Stearns Manzullo Ramstad Velazquez and pass the bill, H.R. 1627, as amend- Johnson (SD) Nethercutt Stenholm Martinez Reed Vento ed, on which the yeas and nays are or- Johnson, E. B. Neumann Stockman Martini Regula Visclosky dered. Johnson, Sam Ney Stokes Mascara Richardson Volkmer Johnston Norwood Studds McCarthy Riggs Vucanovich This is a 5-minute vote. Jones Nussle Stump McCollum Rivers Walker The vote was taken by electronic de- Kanjorski Oberstar Stupak McCrery Roberts Walsh vice, and there were—yeas 417, nays 0, Kaptur Obey Talent McHale Roemer Wamp not voting 16, as follows: Kasich Olver Tanner McInnis Rogers Ward Kelly Ortiz Tate McIntosh Ros-Lehtinen Waters [Roll No. 339] Kennedy (MA) Orton Tauzin McKeon Rose Watts (OK) YEAS—417 Kennedy (RI) Owens Taylor (MS) McNulty Roth Waxman Kennelly Oxley Taylor (NC) Meehan Roukema Weldon (FL) Abercrombie Canady Edwards Kildee Packard Tejeda Meek Roybal-Allard Weldon (PA) Ackerman Cardin Ehlers Kim Pallone Thomas Menendez Royce Weller Allard Castle Ehrlich King Parker Thompson Metcalf Rush White Andrews Chabot Engel Kingston Pastor Thornberry Meyers Sabo Whitfield Archer Chambliss English Kleczka Paxon Thornton Mica Salmon Wicker Armey Chapman Ensign Klink Payne (NJ) Thurman Millender- Sawyer Wise Bachus Chenoweth Eshoo Klug Payne (VA) Tiahrt McDonald Schaefer Woolsey Baesler Christensen Evans Knollenberg Pelosi Torkildsen Miller (FL) Schiff Wynn Baker (CA) Chrysler Everett Kolbe Peterson (FL) Torres Moakley Schumer Young (AK) Baker (LA) Clay Ewing LaFalce Peterson (MN) Towns Molinari Scott Zeliff Baldacci Clayton Farr LaHood Petri Traficant Mollohan Serrano Zimmer Ballenger Clement Fawell Lantos Pickett Upton Montgomery Shaw Barcia Clinger Fields (TX) Largent Pombo Velazquez Moorhead Shays Barr Clyburn Filner Latham Pomeroy Vento Barrett (NE) Coble Flake LaTourette Porter Visclosky NAYS—65 Barrett (WI) Coburn Flanagan Lazio Portman Vucanovich Bartlett Abercrombie Hancock Rahall Coleman Foglietta Leach Poshard Walker Barton Barr Hilleary Rohrabacher Collins (GA) Foley Levin Pryce Walsh Bass Beilenson Hutchinson Sanders Collins (MI) Forbes Lewis (GA) Quillen Wamp Bateman Bryant (TX) Jacobs Sanford Combest Fowler Lewis (KY) Quinn Ward Becerra Buyer Johnston Scarborough Condit Fox Lightfoot Radanovich Waters Beilenson Chenoweth LaHood Schroeder Conyers Frank (MA) Linder Rahall Watt (NC) Bentsen Coburn Laughlin Seastrand Cooley Franks (CT) Lipinski Ramstad Watts (OK) Bereuter Collins (GA) Markey Sensenbrenner Costello Franks (NJ) Livingston Reed Waxman Berman Conyers McDermott Shadegg Cox Frelinghuysen LoBiondo Regula Weldon (FL) Bevill Cooley McHugh Sisisky Coyne Frisa Lofgren Richardson Weldon (PA) Bilbray Crapo McKinney Souder Cramer Frost Longley Riggs Weller Bilirakis Cubin Miller (CA) Spratt Crane Funderburk Lowey Rivers White Bishop Danner Minge Stark Crapo Furse Lucas Roberts Whitfield Bliley Deal Mink Stockman Cremeans Gallegly Luther Roemer Wicker Blumenauer DeFazio Moran Stump Cubin Ganske Maloney Rogers Williams Blute Dellums Neumann Tanner Cummings Gejdenson Manton Rohrabacher Wise Boehlert Duncan Norwood Traficant Cunningham Gekas Manzullo Ros-Lehtinen Wolf Boehner Ensign Peterson (MN) Watt (NC) Danner Gephardt Markey Rose Woolsey Bonilla Everett Petri Williams Davis Geren Martinez Roth Wynn Bonior Filner Pickett Wolf de la Garza Gibbons Martini Roukema Yates Bono Funderburk Pombo Yates Deal Gilchrest Mascara Roybal-Allard Young (AK) Borski Furse Poshard DeFazio Gillmor McCarthy Royce Zeliff Boucher DeLauro Gilman McCollum Rush Zimmer NOT VOTING—15 Brewster DeLay Gonzalez McCrery Sabo Browder Dellums Goodlatte Berman Fields (LA) Rangel Brown (CA) Deutsch Goodling Bono Ford Saxton NOT VOTING—16 Brown (FL) Diaz-Balart Gordon Collins (IL) Lincoln Torricelli Brown (OH) Dickey Goss Collins (IL) Lewis (CA) Torricelli Fattah Matsui Wilson Brownback Dicks Graham Fattah Lincoln Volkmer Fazio McDade Young (FL) Bryant (TN) Dingell Green (TX) Fazio Matsui Wilson Bryant (TX) Dixon Greene (UT) Fields (LA) McDade Young (FL) b 1321 Bunn Doggett Greenwood Ford Rangel Bunning Dooley Gunderson Laughlin Saxton Mr. NORWOOD, Mr. RAHALL, Mrs. Burr Doolittle Gutierrez CHENOWETH, and Messrs. BUYER, Burton Dornan Gutknecht b 1330 CRAPO, DELLUMS, STOCKMAN, Buyer Doyle Hall (OH) SANDERS, TRAFICANT, EVERETT, Callahan Dreier Hall (TX) So (two-thirds having voted in favor Calvert Duncan Hamilton SPRATT, BRYANT of Texas, MILLER Camp Dunn Hancock thereof) the rules were suspended, and of California, MARKEY, and STARK Campbell Durbin Hansen the bill, as amended, was passed. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8149 The result of the vote was announced b 1333 increased by 146 percent; among tenth as above recorded. IN THE COMMITTEE OF THE WHOLE graders, by 123 percent; and today one A motion to reconsider was laid on Accordingly the House resolved itself out of three high school seniors smoke the table. into the Committee of the Whole House marijuana. The new approach to drug policy an- f on the State of the Union for the con- sideration of the bill (H.R. 3814) mak- nounced in September 1993, which COMMUNICATION FROM CHAIRMAN ing appropriations for the Departments promised to, ‘‘reinvent drug control OF COMMITTEE ON STANDARDS of Commerce, Justice, and State, the programs’’ had the following effects: OF OFFICIAL CONDUCT Judiciary, and related agencies for the purity of drugs is up; supply of drugs is up; the cost of drugs is down. And we The SPEAKER pro tempore laid be- fiscal year ending September 30, 1997, and for other purposes, with Mr. GUN- can see by the chart the results in high fore the House the following commu- school marijuana use in our country. nication from the chairman of the DERSON in the chair. The Clerk read the title of the bill. This bill provides over $1 billion to Committee on Standards of Official the Drug Enforcement Administration, Conduct: The CHAIRMAN. Pursuant to the rule, the bill is considered as having $173 million more than the current COMMITTEE ON STANDARDS OF been read the first time. year, a 20-percent increase, including a OFFICIAL CONDUCT, Under the rule, the gentleman from major $75 million initiative on source Washington, DC, July 23, 1996. country interdiction, restoring the pol- Hon. NEWT GINGRICH, Kentucky [Mr. ROGERS] and the gen- The Speaker, tleman from West Virginia [Mr. MOL- icy that existed before this administra- House of Representatives. LOHAN] each will control 30 minutes. tion abandoned efforts to block drugs DEAR MR. SPEAKER: Pursuant to 4(e)(2)(D) The Chair recognizes the gentleman at the source, and $56 million to stop of rule X, the gentleman from Washington, from Kentucky [Mr. ROGERS]. drug trafficking on the Southwest bor- Mr. MCDERMOTT, has advised the Committee Mr. ROGERS. Mr. Chairman, I yield der where 70 percent of the drugs in the by letter of his ineligibility to participate as myself such time as I may consume. United States come into this country. a member of the committee in a pending pro- Mr. Chairman, this $29.5 billion ap- We are reigniting the war on drugs to ceeding. reverse the increase in drug use since Sincerely, propriations bill for the Departments NANCY L. JOHNSON, of Commerce, Justice, State, the Judi- 1992. That is problem 1: Drugs. Chairman. ciary, and related agencies for fiscal Problem 2: Our borders are still out 1997, opens a new chapter in our effort of control. The administration’s illegal f to bring crime and drugs and our bor- alien strategy is leaking like a sieve. Illegal aliens are being caught and DESIGNATION OF MR. STOKES TO ders under control. It is a bill that puts then, because we do not have the space ACT AS MEMBER OF COMMITTEE the Congress on record as being willing to detain them, they are being re- ON STANDARDS OF OFFICIAL to put the resources that are required leased. INS first said they would deport CONDUCT IN ANY PROCEEDING to restore safety to our neighborhoods 110,000 with the extra money we gave RELATING TO MR. MCDERMOTT and make our citizens safe in their homes and on their streets. It is a bill them the last 2 years. Now they are The SPEAKER pro tempore (Mr. that proposes funding to attack real saying only 62,000 will be deported. HAYWORTH). Pursuant to clause life problems that exist today. That is half of what they first said and 4(e)(2)(D) of rule X, the Speaker pro Let me spell out what the problems that is not acceptable. Seventy percent tempore, without objection, designates that are confronting our Nation are in of our drugs come in across the South- the gentleman from Ohio [Mr. STOKES] this arena, Mr. Chairman. One is drugs. west border, yet alien drug dealers are to act as a member of the Committee The administration is sending a giant being caught and released back across on Standards of Official Conduct in any smokescreen to cover up its abject fail- the Southwest border because they do proceeding relating to the gentleman ure in the fight against drug use. All not have the jail space to hold them for from Washington (Mr. MCDERMOTT). we hear is that cigarette smoking is so trial. There was no objection. terrible and we have to wipe out this Here is what we are going to do in f scourge on America’s teenagers. They this bill. INS is funded at $2.2 billion, do not talk about the real problem $443 million more than the current GENERAL LEAVE with teenagers, and that is drugs, hard year, $30 million more than the Presi- Mr. ROGERS. Mr. Speaker, I ask drugs. They are not just bad; they kill, dent wants, a 26-percent increase over unanimous consent that all Members and they cause people to kill others. the current year. We provide for 1,100 may have 5 legislative days in which to Drugs: After a decade of decline since new border patrol agents compared revise and extend their remarks on the 1992, overall drug use is on the rise with 700 that the President has re- bill (H.R. 3814) making appropriations again, and if my colleagues would no- quested of us. A $114 million increase for the Departments of Commerce, Jus- tice on the chart the farthest away, for removal of illegal aliens, $78 mil- tice, and State, the Judiciary, and re- prior to 1992 the number of Americans lion more than the President wanted, lated agencies for the fiscal year end- using illicit drugs plunged from 24.7 including 2,700 more detention beds so ing September 30, 1997, and for other million in 1979 to 11.5 million in 1992, that illegal aliens can be held until purposes, and that I be permitted to in- and the casual use of cocaine fell by 79 they are deported. We provide $405 mil- clude tables, charts, and other extra- percent between 1985 and 1992. Over- lion for Federal prisoner detention, neous material. whelming evidence shows a sharp and $152 million more than the current The SPEAKER pro tempore. Is there growing increase in drug use among year. That is for jail space to jail ille- objection to the request of the gen- young people since 1992, as that chart gal alien drug smugglers until we can tleman from Kentucky? dramatically shows. Teenage drug use try them and then deport them. There was no objection. has increased by 50 percent from 1992 to With this 26-percent increase we are 1994, from 2.4 million teen drug users to plugging the holes in the administra- f 3.8 million. tion’s sieve that they call a border pol- Do my colleagues know what hap- icy. That is problem 2. DEPARTMENTS OF COMMERCE, pened when that valley occurred in Problem 3: Violence against women JUSTICE, AND STATE, THE JUDI- those charts over there? That is when and children. The administration is all CIARY, AND RELATED AGENCIES the Clinton administration came in talk and no action. We gave them $175 APPROPRIATIONS ACT, 1997 and cleaned out the drug policy office million this year. Do my colleagues The SPEAKER pro tempore. Pursu- of the White House, and all of a sudden know how much they have spent for vi- ant to House Resolution 479 and rule teenage drug use skyrocketed and is olence against women? Guess. My col- XXIII, the Chair declares the House in still doing so. leagues you say 50 percent? No. Would the Committee of the Whole House on Now I turn my colleagues’ attention my colleagues say a tenth? No. They the State of the Union for the consider- to this chart nearest to me. Since 1992, have spent less than a half a million ation of the bill, H.R. 3814. marijuana use by eighth graders has dollars out of $175 million, and they H8150 CONGRESSIONAL RECORD — HOUSE July 23, 1996 have had the program for 2 years. It is Overall for the Justice Department, this House and this Congress want to all talk, my colleagues, no action. we provide $16.3 billion for Department assure access to legal services by poor We provide $197.5 million for violence of Justice law enforcement programs, a people. We are providing a level of against women, half a million dollars $1.6 billion increase over the current funding in this bill that will permit the more than they want, $22.5 million year, an 11-percent increase. For the current system to remain in place at more than the current year, and hope Judiciary, we provide an increase of reduced levels, to spur policy decisions that they will spend it because we can- $177 million up 5.8 percent, and we have on that issue that are not within the not spent it for them. They will have provided for all of these increases by jurisdiction of our committee. to spend it in grants. scraping the bottom of the barrel in Funding is terminated for several other agencies. We had no choice. They talk about stopping violence smaller organizations, as we try to In Commerce, we provide $3.5 billion against women. We gave them the tighten our belt wherever we can. money 2 years ago, and they sit on it. for Commerce, down $120 million. We provide $110.5 million for the advanced In summary, Mr. Chairman, I want to Enough is enough. We do not want thank my ranking member, the gen- talk, we want action. That is problem technology program, half the 1996 level, to provide continuation grants for tleman from West Virginia, Mr. MOLLO- 3. small businesses, not to subsidize For- HAN, who has been very, very helpful in Problem 4: Juvenile crime. While tune 500 companies, which they are this process, a true partner in drawing railing against teenagers smoking doing now. We increase the Census for this bill, making the tough decisions; cigarettes, this administration is let- the year 2000 census by $55 million, and the gentleman from Louisiana, BOB ting teens get by with murder and hard we preserve trade promotion and basic LIVINGSTON, the chairman of the full drugs. Talk about a real smokescreen, science R&D in the Commerce Depart- committee and a stalwart when it they really got one going here. ment. came to providing funding necessary in Let me show my colleagues by this In the State, USIA, and Arms Control this bill; the ranking member, the gen- chart to my left. Disarmament Agency Chapter, we are tleman from Wisconsin, Mr. OBEY, who b 1345 under $5 billion, down $128 million from has been helpful; and, of course, all of 1996. We include $50 million for pay- the hard-working members of this sub- One of every five violent crimes is ment of U.N. peacekeeping arrearages committee. We have some of the best now committed in this country by a ju- conditioned on U.N. reform. in this body. I thank them for all of venile. The FBI’s report on crime Mr. Chairman, with regard to the ongoing their work. showed in 1994, 17 percent of all mur- U.N.-sponsored negotiations on global climate ders were committed by juveniles. Overall, the Commerce, Justice, change, I understand that the United States State appropriations bill opens a new Fifth-five percent of all arsons, 36 per- has agreed to negotiate a protocol or other cent of all burglaries, 16 percent of ag- chapter in our effort to bring crime, legal instrument in 1997 which may set quan- drugs, and borders under control. We gravated assaults in 1995 were commit- tified limitation and reduction objectives for ted by juveniles. set priorities, we make tough deci- greenhouse gas emissions effective after the sions, and we reduce spending on low- In addition to the $150 million in ju- year 2000. These negotiations take place priority programs. We assert leadership venile justice, we provide a $30.5 mil- under the auspices of the 1992 Framework to reignite the war on drugs, to make lion incentive under the COPS Pro- Convention on Climate Change, which re- up for the Administration that has gram to States that treat 14-year-olds quires that any proposed protocol or amend- been woefully lacking on this issue. It as adults if they commit serious vio- ment to the convention be communicated to plugs the holes in our borders by assur- lent crimes. It is time to fight fire with parties to the convention at least 6 months ing we not only apprehend illegal im- fire on kids who choose violence. We prior to proposed adoption. Because of the im- migrants and drug traffickers, we in- provide $1.4 billion for the administra- pact such proposals could have on U.S. com- carcerate and deport them. We put our tion’s COPS Programs and $571 million panies and workers, the State Department and priorities where they belong: in fight- for the local law enforcement block other U.S. Government agencies should fully ing the war on crime and protecting grant, $68 million over the current analyze the economic impact of any proposal our citizens in their homes across this year. We provide $560 million for the to set binding limits and timetables before great country. Byrne grants for locals to use. That is adopting a U.S. negotiating position. a $25 million increase. We fund the Legal Services Corpora- I urge our colleagues to support this All Federal law enforcement agen- tion at $141 million. The Committee on bill. It is one that I think they can cies—the FBI and the DEA—all the Appropriations has been required to proudly support. I certainly urge them Federal law enforcement agencies are act without the benefit of needed au- to do so. above what the President requested of thorization legislation that should be Mr. Chairman, I include for the us. passed that we set the policy of how RECORD the following information: July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8151 H8152 CONGRESSIONAL RECORD — HOUSE July 23, 1996 July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8153 H8154 CONGRESSIONAL RECORD — HOUSE July 23, 1996 July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8155 H8156 CONGRESSIONAL RECORD — HOUSE July 23, 1996 July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8157 H8158 CONGRESSIONAL RECORD — HOUSE July 23, 1996 July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8159 Mr. Chairman, I reserve the balance the 1994 crime bill. The COPS program ation. We are all impatient as appropri- of my time. is now a reality, with funding now ap- ators that this money get out and get Mr. MOLLOHAN. Mr. Chairman, I proved for over 44,000 cops on the beat. expended. I would add, however, that yield myself such time as I may Mr. Chairman, I think everybody in we could have helped those who were consume. this body and everybody across this managing those grant programs last Mr. Chairman, I rise in support of Nation understands what a significant year if we did not have some 10, 12, 15, H.R. 3814. Although imperfect, this bill accomplishment it has been to get the or however many continuous resolu- is a vast improvement over that which President’s COPS program up, and op- tions. No administrator can develop a we considered last year. I commend the erating. I commend the President for grant program for a 2-week continuing chairman, the gentleman from Ken- his leadership in this regard. resolution, and I do not think the Con- tucky [Mr. ROGERS], as well as his able The impact of community policing gress would want them to try. staff, Jim Kulikowski, Therese has been strong and swift. Crime is In addition, the States could not re- McAuliffe, Jennifer Miller, Mac down, Mr. Chairman. That is the good spond to grant applications for a 2- Coffield, in addition to Pat Schlueter, news. There is not doom and gloom week continuing resolution. After 2 the minority staffer. about crime statistics. Crime is down. weeks that money expired, and we Chairman ROGERS has conducted the Members can spin these statistics any went into another continuing resolu- affairs of this subcommittee in an ex- way they want, but the bottom line is, tion. In other words, there was consid- emplary manner. He has acted in an crime is down. We can take a category, erable legislative instability that the open and fair fashion toward all mem- we can look at a spike. administration and the States were bers. I want to express to the chair- It is absolutely true that in the last trying to work successfully within last man, Mr. ROGERS, my gratitude for his year or so drug use in juveniles is up. year. This perfectly well explains why openness and our ability to work to- That is a matter that everybody is con- the Violence Against Women grants gether on this bill. cerned with, and all of a sudden, every- were not let out. Mr. Chairman, the There are parts of this bill where we body is turning to focus specific atten- good news is that since obtaining their are in agreement, particularly in the tion on that issue. We have to fight it. fiscal year 1996 appropriations, the Of- crime-fighting and law enforcement This bill does it, and this administra- fice of Justice programs has mailed out area. I would like to take this oppor- tion supports that effort. application kits to all the States in tunity to remind my colleagues that Preliminary crime figures released this Violence Against Women Program. this is the real crime-fighting bill. This by the FBI in December 1995 show a They were due back July 1 of this year, bill provides extremely robust funding dramatic decline in serious crime in and awards will be made on a rolling levels, $1.6 billion more than the appro- the first half of 1995, compared with the basis within 30 days of receipt of the priations for the current fiscal year, same period in 1994. applications. Most of the Violence for the Department of Justice and its In New York City, for instance, over- Against Women grants will be awarded law enforcement functions. all crime has dropped by 14.5 percent, by August 15, within 4 months of the If Members like law enforcement, according to FBI figures. Just last signing of the omnibus appropriations they are going to love this bill. Let me month it was reported that the COPS bill, making those funds available. give Members some appreciation for program is providing dollars for an ad- That is timely, and I know they have just what I am talking about. First, let ditional 500-plus new cops on the beat. been working hard to make sure those me say that President Clinton’s re- That is significant. It is difficult to grants do get out to fight violence quests in the justice area, the law en- argue with results like this. Simply against women. put, community policing works, it forcement and crime-fighting area, the I am very pleased with the very gen- works well, and I am pleased that the law enforcement and crime-fighting erous funding levels with the Depart- bill before us provides funding to con- area, were very strong, very generous. ment of Justice. This bill provides a bit more funding. tinue our march down the road to We can anticipate, that the Senate 100,000 more cops on the beat, in ac- However, Mr. Chairman, I must note side, if pattern holds, will provide more cordance with the President’s program the areas in this bill with which I have funding than is in our House bill. In and his commitment. We are ahead of serious concerns. First, I am extremely other words, this is a game of up-the- schedule. concerned with the level of funding ante. But that is fine, because in the Mr. Chairman, I want to compliment provided for the programs under the end we really do end up with strong our law enforcement agencies for the Department of Commerce. This bill funding for law enforcement efforts. good job they have done in managing would cut the Department by $756 mil- This bill provides $7.1 billion for drug and applying the new resources we lion below the administration’s request enforcement initiatives, including a 21- have given them, and also I want to and $119 million below the level pro- percent increase over fiscal year 1996 compliment the unprecedented level of vided in fiscal year 1996. funding for the Drug Enforcement Ad- cooperation going on between our law The bill does not provide adequate ministration. enforcement agencies. funding for the Department of Com- The bill also provides funds for 1,100 I know of no time, certainly during merce’ technology initiatives. The more border patrol agents; 2,700 addi- my service, when, for example, the FBI most egregious example is the ad- tional detention beds for safe holding and the DEA and the other Federal law vanced technology program. There is of illegal aliens until deportation, a $51 enforcement agencies are working only $110.5 million for the ATP in this million increase is provided for U.S. at- more closely together. They are co- bill, not nearly enough for the Federal torneys, a $37.5 million increase is pro- operating, they are focusing, they are Government to fulfill its obligations in vided for the Marshal Service, and $255 sharing information, and it is having a prior-year grant awards. In other million in increased funding is pro- wonderful effect in crime-fighting. words, there is not enough money in vided for the Federal Bureau of Inves- Mr. Chairman, I would also point out this bill to meet obligations already in- tigation. to my colleagues that substantial curred by the Government. While I re- Of special note, I want my colleagues funds are provided in this bill for State alize there is a philosophical difference to know that $1.4 billion is provided for and local law enforcement assistance of opinion regarding the advanced tech- the COPS program, the cornerstone of and juvenile justice programs. The Vio- nology program, this program is a crit- the President’s crime-fighting strat- lence Against Women Act programs are ical part of the President’s competi- egy. Let me take a moment to address fully funded at $197.5 million. I want to tiveness agenda, and deserves to be specifically the COPS program. compliment my chairman, the gen- funded robustly. While I am pleased As many of the Members know, dur- tleman from Kentucky [Mr. ROGERS] with the increases this bill provides for ing his 1994 State of the Union address, for that funding. the NIST internal programs, it is sim- President Clinton pledged to put an ad- He does express concerns about the ply not a substitute for ATP. ditional 100,000 police officers on our fact that the Violence Against Women I also regret the majority’s decision Nation’s streets. Authorization was grants are not already out there. Per- to zero out NIST’s construction ac- provided, $8.8 billion over 6 years, in haps, in a way, that is a fair consider- count. The current laboratory facilities H8160 CONGRESSIONAL RECORD — HOUSE July 23, 1996 are woefully inadequate to today’s mis- the appropriate time be offering an ports abroad and enforcing our U.S. sion, and such an action only serves to amendment to increase funding for this trade laws. Therefore, we provided a perpetuate the problem. account, so I shall not spend time now modest $7 million increase for the Also in Commerce, I want to make detailing my concerns. I will do so dur- International Trade Administration. note of the funding level available for ing consideration of the amendment to That may provide the assistance that the Census Bureau. This bill provides a increase funding for legal services. is needed in ensuring that we do not funding level which is $60 million below Mr. Chairman, this list by no means have dumping or countervailing and the President’s request. It does not represents every deficiency in the bill, the enforcement of our antidumping provide much-needed funding increases but with limited time here I wanted to and countervailing duties laws. for the current economic statistics, highlight my biggest concerns. I intend Mr. Chairman, I certainly urge the and cuts in half the requested increase to work hard with the majority to support of the bill. I think it recognizes for the ramp-up for the 2000 census. I make improvements. Let me emphasize a lot of important policies and funds know every American is concerned again that the chairman has labored them adequately. that the census is done accurately, hard, with scarce resources, to come up Mr. MOLLOHAN. Mr. Chairman, I done properly, done on time, and we with a fair bill. I am most appreciative yield 4 minutes to the distinguished are cutting money in that vital area. for his hard work and for his attitude gentleman from Colorado [Mr. There are several other areas for of cooperation as this bill has been SKAGGS], a member of the subcommit- Commerce’s budget which this bill does drafted and moved to the floor. I look tee. not fund adequately, Mr. Chairman. forward to that kind of relationship as Mr. SKAGGS. Mr. Chairman, I thank the gentleman for yielding me the b 1400 we finalize this legislation through the process. time. With regard to the Small Business Mr. Chairman, I reserve the balance I, too, want to commend our chair- man, the ranking member, and their Administration, this bill does not pro- of my time. vide the requested and needed increase Mr. ROGERS. Mr. Chairman, I yield 2 staffs, for a commendable job under for the 7(a) loan program. I am con- minutes to the gentleman from Ohio very, very difficult circumstances in fashioning this bill. cerned that without necessary changes [Mr. REGULA], a very hardworking It is a real improvement over the fis- to the program’s subsidy rate, this bill member of our subcommittee. cal 1996 bill in several areas. We do may limit capital available to small (Mr. REGULA asked and was given have funding for ATP. It is too low, but businesses. I plan to work with the permission to revise and extend his re- it is better than the zero we started our chairman during the conference to in- marks.) with last year. There is substantial crease funding for this vital agency. Mr. REGULA. Mr. Chairman, I thank funding for the COPS Program, rather In addition, while I am pleased that the gentleman for yielding me this than no funding, where we started out the bill offers a first step at reducing time. I would commend the chairman last year. There is good funding for the our peacekeeping debt, I am concerned and the ranking member. They have core programs at the National Insti- that it does not go far enough and will done an excellent job of working with tute for Standards and Techonolgy, put us further behind in the long run in some very important aspects of our very, very robust funding for law en- meeting this international obligation. Government responsibility. forcement and immigration and many, My colleagues will be pleased to know The matter of crime and rising use of that the committee has remained firm many other important areas. drugs among young people has been But there are some real deficiencies in its resolve to seek continued reform recognized in the committee bill and in here. And without wanting to exagger- at the United Nations. This is an issue the increase of $1.6 billion for the Jus- ate those relative to the pluses in the that Chairman ROGERS has worked on tice Department activities. Likewise bill, I do want to touch on several of for many years and he has been suc- antidrug programs, a serious problem, them. cessful in bringing the United Nations and we have tried to recognize that The gentleman from West Virginia to a reform posture, or at least in pro- need by some additional initiatives on [Mr. MOLLOHAN] has already mentioned viding incentives to bring them to a re- antidrug programs, including a $75 mil- a serious shortcoming with regard to form posture. lion increase for that type of program. funding for Legal Services. We will all My only concern is not with the in- Illegal aliens: We have increased the be addressing that later on at the time centives, but the fact that we are not funding to speed up the deportation of of his amendment, but it is an egre- funding peacekeeping arrearages illegal aliens that have been appre- gious problem for us to remedy later on enough. I think we could do much more hended. It provides significant funding in this debate. and still maintain the momentum with for grants to State and local govern- The Advanced Technology Program regard to reform at the United Nations. ments. I think we should recognize is at 32 percent of the administration’s Further, I must take a moment to that the States and local governments request, half of last year’s funding express a reservation about reductions are often the incubators of good ideas. level. That is a very important invest- in USIA’s accounts, especially in sala- And so we try to give them a little ment in the economic and techno- ries and expenses and educational and more opportunity to be innovative in logical future of the country. We need cultural exchanges. At the same time, their programs so that we can develop to be doing better there. I have serious concerns about providing ideas that work well for others. Also in the Commerce Department, additional funds for Radio Free Asia. For example, in Ohio the attorney several accounts within the National The Broadcasting Board of Governors general has recently developed a new Oceanic and Atmospheric Administra- has not produced an operating plan or program that would identify and pro- tion that are critical for this Nation’s provided any meaningful operation vide accelerated delinquency interven- leadership internationally, as well as about transmission or other operating tion services to high-risk youth who providing for the safety and well-being costs and, in addition, the newly as- attend a middle school or junior high and economic health of our own people, sembled Radio Free Asia staff either is school. It is called Ohio’s accelerated whether the Climate and Global unable or unwilling to provide the com- school based intervention solution. The Change Program, the Space Environ- mittee with estimates of just how subcommittee urges the Justice De- mental Laboratory or several other much Radio Free Asia Pacific broad- partment to carefully review this inno- areas, need to be beefed up. casting will grow to cost in the out vative early intervention approach I would like to take just a moment to years. In addition, I express concerns when it disburses juvenile justice talk about the international accounts about the funding for Radio and TV grants. That is just one example of try- in this bill and particularly the overall Marti, some of which we have ad- ing to get to the problems with young funding to the Department of State. I dressed in the full committee. people before they develop into much think that we have lost sight of the I have saved my biggest concern, Mr. larger difficulties. fact that diplomacy in behalf of the Chairman, about this bill for last, the As chairman of the Steel Caucus, I United States is preventive medicine. shameful cut made to funding for the am pleased to note that we recognize It is designed to avoid the kind of cata- Legal Services Corporation. I will at the importance of promoting U.S. ex- clysmic international problems that July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8161 require us to then call on the Defense donment by this Congress of the Nation's search Program. The Space Environmental Department. It is very much like pre- commitment to equal justice for all citizens re- Laboratory funded under this account fore- ventative care rather than surgery. Yet gardless of economic status. LSC provides casts solar and geomagnetic activity which we have seen over the last several low-income Americans access to the legal can damage satellites and electrical power budget cycles a continuing contraction system on basic matters of family law, systems. The warnings provided by SEL pro- of our resources going into that very, consumer issues, housing disputes, and other vide the valuable time needed to take steps to very important area of looking out for issues affecting veterans and the elderly. The limit the damage caused by unusual solar and our national interests abroad. We can- funding cut included in this bill will cripple geomagnetic activity. not afford a further erosion of our dip- LSC's ability to carry out its important mission. I am also very concerned about the effects lomatic preparedness, whether it is in This bill funds the ATP Program at 32 per- of this bill's cuts in the budgets of the State the State Department directly, the cent of the administration's request and only Department, the U.S. Information Agency and Arms Control Agency, which is doing one-half of the final conference funding level the Arms Control and Disarmament Agency. very, very important work for this of last year. The ATP Program provides a pri- This year's reductions come after many years country in so many important fields, vate industry/government partnership to nur- of downsizing and restructuring in these agen- with proliferation and other areas, or ture cutting edge industrial technology that is cies. Since 1984, our international affairs the USIA, representing the ideas and either too high risk or too broad based for a budget has fallen 51 percent in real terms. By the culture of this country abroad. single private company alone to afford to de- the end of the current fiscal year, the State One of the areas that is a plus as this velop. It provides small, competitive grants to Department alone will have reduced the size bill comes to the floor is that it con- consortia of large and small companies for de- of its work force by 1,900 full-time employees tains no funding for that failed activity velopment of preproduct technology. These and will have closed 30 posts worldwide. These funding reductions have already known as TV Marti, where all objective grants are matched by private funds and moti- eroded our diplomatic preparedness. Further accounts have confirmed what is the vate private industry to take risks in product cuts to foreign affairs agencies will threaten unfortunate reality; that is, there is no and technology development that otherwise our ability to protect and promote our national audience for the broadcasts of TV would not occur, not because they lack merit interests. The cuts come at a time when our Marti into the island of Cuba. As pa- or profit-making potential, but because the foreign policy agenda is increasingly domi- thetic as is the record of TV Marti, as pay-back in the short term is too problematic nated by such issues as access to overseas insulting as its waste of over $100 mil- for purely private capital. This program pro- markets, control of weapons of mass destruc- lion is to the American taxpayer, who motes America's long-term economic interests tion, protection of the environment, and the is hard pressed enough, still the apolo- and deserves full support. I'm also concerned about the committee's promotion of democracy. In these areas, our gists for this abject failure say that effort to restrict ATP funding to only small country needs effective diplomatic efforts to they have gotten the commitment to businesses. ATP grants often go to a consor- negotiate agreements and build coalitions restore funding later on in the process. tium made up of small and large businesses among governments. That would be a huge mistake, Mr. working together on a single project. Separat- I am worried that the cuts contained in this Chairman, and a classic example of a ing funding and, therefore, grantees according bill may force the State Department to close victory of special interests and special to size could end up disrupting the valuable additional foreign posts. Before we continue to influence over common sense. I hope partnerships forged between small and large diminish our overseas presence, we should we will be on alert to avoid making businesses through previous ATP projects. make certain that we won't be severely under- that mistake as this bill moves I'm also disappointed that the committee mining our ability to gather critical information through the process. was unable to meet the administration's fund- and intelligence and to support American com- Again, let me just close by offering ing requests for many of the National Oceanic mercial interests abroad. We also need to be my congratulations to our chairman and Atmospheric Administration's [NOAA] pro- certain that the needs of the Defense Depart- and our ranking member for the job grams. NOAA's work contributes to a more ment, the CIA, and other State Department they and their staffs have done. productive and competitive nation. NOAA's tenants have been fully considered in deci- I thank the chairman. I commend Chairman mission is to protect life, property, marine and sions to close posts. ROGERS, Ranking Member MOLLOHAN and fisheries resources, and our Nation's coasts The bill provides an inadequate downpay- their staff members for their efforts in trying to and oceans. It accomplishes its mission ment on the enormous debt we have run up balance the disparate competing interests rep- through research and monitoring of the condi- by failing to pay our dues to the United Na- resented in this bill. Their impossible task was tion of the atmosphere, oceans, and Great tions and other international organizations. to somehow provide adequate funding under Lakes. NOAA predicts the weather, climate, This is not just a matter of being an inter- the restrictions of the new budget resolution and fisheries' productivity. In addition to the national deadbeat. It will harm our ability to for our Nation's important research, tech- obvious importance of NOAA to the health of promote our interests in international organiza- nology, crime fighting, judiciary, and inter- industries tied to coastal and marine life condi- tions and will undermine our credibility in national activities. tions, the work at NOAA is important to agri- pressing for further U.N. reforms. It also would In some ways, the bill we are considering business, industries that have an impact on air scuttle a bold initiative of our Ambassador to today is better than last year's House version quality, and the transportation and commu- the U.N. Madeleine Albright, to convince U.N. of the Commerce, Justice, and State Depart- nications industries. members to reduce from 25 percent to 20 per- ments appropriations bill. While I understand that these are difficult cent the U.S. share of the U.N.'s regular budg- For one thing, it omits further wasteful budgetary times and that for most accounts et in return for a multiyear American commit- spending on the TV Marti boondoggle. And, in the committee bound itself to the authorization ment to make good on our debt. other areas, it provides some funding for the bill produced by the Science Committee earlier Another area of concern is the low level of National Institute of Standards and Tech- this year, NOAA's atmosphere and ocean pro- funding the bill provides for the Arms Control nology's [NIST] Advanced Technology Pro- grams are important to the economic and en- and Disarmament Agency. The budget for this gram [ATP], instead of no funding. It provides vironmental future of the Nation and should be small but crucial agency has been slashed al- most of the requested funding for the COPS fully supported. most 30 percent in the last 3 years. At the community policing program, instead of no In particular I'm disappointed that the com- same time, we in Congress, along with the funding. It provides full funding for the core re- mittee didn't move closer to the administra- President, have continued to give the agency search activities at NIST. And this bill gener- tion's funding request for the Climate and more tasks. While the level of funding pro- ously funds law enforcement accounts, most Global Change Program which conducts re- vided this year is close to the bare bones above last year's level and many above the search to develop long-term climate observa- budget provided last year, the agency then administration's request. tion and prediction techniques, particularly for had significant carryover funds that are no There are, however, serious problems with North America. This program also examines longer available. I fear that the funding in the this bill that I hope can be addressed through the role of ocean conditions on long-term cli- bill will not enable the agency to fulfill crucial the amendment and conference process. mate changes and provides information on responsibilities like completing negotiations on First, this bill cuts funding for the Legal which to base important policy choices about banning nuclear testing, ensuring that all nu- Services Corporation by almost 50 percent. the necessity or results of environmental and clear weapons are removed from Ukraine, This cut comes on top of a funding reduction industry regulation. Kazakstan, and Belarus by the end of the of 30 percent for fiscal year 1996. These fund- Another particular concern is the small, but year, and monitoring the elimination of hun- ing cuts represent an unconscionable aban- significant cut in the Solar/Geomagnetic Re- dreds of bombers and missiles from Russia. H8162 CONGRESSIONAL RECORD — HOUSE July 23, 1996 On a positive note, as I mentioned earlier, the gentleman from West Virginia [Mr. agency has become the dumping ground for the bill reflects the overwhelming bipartisan MOLLOHAN], the ranking minority every new function of the Federal Government support expressed in the full committee for a member, for the bipartisan and cooper- that didn't fit someplace else. While this bill measure to kill funding for TV Marti, the Unit- ative spirit that he has adopted in does not dismantle the Commerce Depart- ed States Information Agency's television working on this bill. ment, it cuts it by nearly 17 percent for fiscal broadcasts to Cuba. Downsizing Government does mean year 1995 levelsÐa clear signal to Congress TV Marti is a failed experiment. After 8 making choices in spending priorities to reorder its functions. I will support amend- years and the waste of $100 million in tax- and this bill does that. It does it by ments to this legislation making further cuts in payer's money, virtually no one in Cuba sees channeling funds to programs that we certain areas of Commerce. these United States Government television think are in the taxpayers’ interest. I I am pleased the committee funded the broadcasts. do not agree, of course, with every sin- Small Business Administration's microloan TV Marti is on the air only between 3:30 gle decision that is made here but on program which has helped create hundreds of a.m. and 8:00 a.m. Unfortunately, the Castro balance this is a good bill, a respon- jobs in Arizona at little or no cost to the Gov- government is very successful in jamming the sible bill, and one that I am proud to be ernment. Organizations like Project PPEP help broadcasts. The result? No one sees TV associated with. to effectively administer these startup loans in Marti. This bill takes a giant step toward areas where this type of assistance is effec- The objective evidence is overwhelming. In addressing the issue of border enforce- tively used and where loan defaults are almost 1994, a Federal advisory panel stated ment, something that is very impor- nonexistent. categorically that at present TV Martis tant to those of us along the southwest The bill provides resources for the State De- broadcasts are not consistently being re- border. It provides funding to put an partment to continue its vital functions across ceived by a substantial number of Cu- additional 1,100 Border Patrol agents the globe. H.R. 3814 does cut funding just bans.* * * Whatever TV Marti’s [other] and inspectors on the front lines of the below last year's spending levels. Contribu- shortcomings they are negligible compared border. Overall it provides $2.8 billion tions to U.N. peacekeeping operations are to its inability to reach its intended audi- for the enforcement of our immigra- kept in check while affording the executive ence. tion laws. Funding is also provided for branch maximum flexibility and the legislative A report from the Appropriations own commit- 2,700 more detention cells to ensure branch maximum oversight. tee staff investigation concluded there was vir- that we can hold for deportation illegal I encourage all of my colleagues to support tually no audience or policy purpose for con- aliens in the United States. That is this legislation that is both fiscally responsible tinuing TV Marti broadcasts. 2,000 more beds than have been re- and attentive to the needs of the American It's bad enough that TV Marti accomplishes quested by the administration. people. nothing. But that's not the end of the story. The bill provides $500 million for the Mr. MOLLOHAN. Mr. Chairman, I National security and drug interdiction efforts State Criminal Alien Assistance Pro- yield 3 minutes to the distinguished can suffer when TV Marti preempts use of gram that reimburses States for the gentlewoman from Texas [Ms. JACK- SON-LEE]. Federal balloonsÐused for TV Marti and radar costs associated with incarcerating (Ms. JACKSON-LEE of Texas asked surveillanceÐon the Florida Keys. That's why criminal aliens. The General Account- and was given permission to revise and in 1993 a defecting Cuban MiG pilot wasn't ing Office estimates that the nation- detected until right before his plane landed at extend her remarks.) wide cost incurred by States for this Ms. JACKSON-LEE of Texas. I thank Key West Naval Air station. Fortunately, his in- could exceed $650 million. This appro- the gentleman from West Virginia [Mr. tentions were friendly. priation takes a huge step toward ad- MOLLOHAN] and likewise thank the The elimination of TV Marti won't diminish dressing that problem. chairman, but I thank the ranking our ability to send United States Government Mr. Chairman, we must recognize member for his continued hard work on broadcasts to Cuba. Even without TV Marti, that illegal immigration is a national this issue. Radio Marti will continueÐand many Cubans problem, that it is not just a State Mr. Chairman, I wish that I could listen to it. Killing the TV Marti boondoggle problem. This Congress must reaffirm rise in overwhelming enthusiasm for doesn't score a propaganda victory for Castro. its commitments to States and local the effort that has been put forward. I It does score a victory for the American tax- communities because they are the ones do believe, however, there is room for payer. that must contend with the failed im- improvement. In particular I would In conclusion, while I believe the chairman migration policies of the past. To turn like to note that we have been success- should be commended for his diligent efforts our back on that would be wrong. ful. We have stood in the way of the ob- under such difficult budgetary constraints, I The Federal Government does not have all literation and dissolution of the Com- must say that I have grave reservations about the answers when it comes to combating the merce Department, one of the few de- this bill. crime we are most concerned about. I do not partments in this Nation that is in the Mr. ROGERS. Mr. Chairman, I yield 2 believe the Congress should try to manage Constitution, one of the few that have minutes to the gentleman from Ari- State and local law enforcement agencies. been able to claim over billions of dol- zona [Mr. KOLBE], a very hardworking Rather, we need to support measures that lars of job opportunities and business member of this subcommittee who has empower local law enforcementÐH.R. 3814 opportunities for American businesses, given us a lot of help in constructing does just that. This legislation gives maximum and yet we find that this appropriation this bill. flexibility to local law enforcement officials to bill gives $756 million below the admin- (Mr. KOLBE asked and was given per- administer $571 million for law enforcement istration request, even though the mission to revise and extend his re- and prevention programs instead of mandating Commerce Department has done its marks.) that money be used for specific purposes. The own internal downsizing. Mr. KOLBE. I thank the gentleman bill will allow local officials to use funds to put Juvenile justice grants: I appreciate for yielding me this time. more police on the streets, purchase needed the funding of such grants and cer- Mr. Chairman, I rise in support of equipment, fund youth prevention programs, tainly the funding of violence-against- this legislation, H.R. 3814, the Com- provide drug court programs, or other urgent women grants and the successful keep- merce, Justice, State and Judiciary needs, according to the priorities determined ing of the 100,000 cops on the beat. Appropriations Act for Fiscal Year by 39,000 State and local entitiesÐnot Wash- I am concerned, however, when it 1997. We are nearing the end of our ap- ington. Additionally, this bill provides nearly comes to the Advanced Technology propriations work on the floor of the $500 million for the Byrne grant program that Program under the Department of House but we have saved one of the has been used very effectively by local law Commerce, that we would not consider more important bills here for the end. enforcement. In my own district, very success- the importance of technology creating I especially want to commend Chair- ful law enforcement alliances have succeeded the jobs of the 21st century and would man ROGERS for his excellent work because of the availability of Byrne grant mon- be shortsighted in underfunding oppor- through a very difficult fiscal climate. eys. tunities for innovative technology Despite the hurdles, the chairman and Let me shift gears for a moment to address projects to be successfully funded. Our subcommittee, I think, brought to the what this bill does with funding for the Com- support falls short in comparison to floor of the House a bill worthy of sup- merce Department. I support restructuring the what is done by our neighbors like port. I also want to thank and applaud Commerce Department. Over the years, this Japan and Germany in investing in July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8163 technology. It is important to recog- orders, and no protection against abusive Support the Jackson-Lee amendment and nize that in order to have businesses spouses. help make good on this country's promise of succeed, the government must be a suc- The U.S. Bureau of Justice Statistics reports liberty and justice for all. cessful partner to business. that over 1 million women a year are victims Mr. ROGERS. Mr. Chairman, I yield 2 I likewise rise, Mr. Chairman, to of violence at the hands of husbands or boy- minutes to the gentleman from New speak against the drastic and draco- friends. Poor women and children, who fre- York [Mr. GILMAN], the very able chair- nian cuts in the Legal Services Cor- quently lack access to support networks, are man of the Committee on International poration: Only $141 million given to especially vulnerable to the vicious cycle of Relations of this House. this agency—over a 50-percent cut. domestic abuse. (Mr. GILMAN asked and was given permission to revise and extend his re- b 1415 Family law, which includes the representa- tion of victims of domestic violence, is the sin- marks.) What that says is the number of cli- gle largest category of cases handled by the Mr. GILMAN. Mr. Chairman, I thank ents will fall from 2.1 million to 1.1 278 local Legal Services programs across the the gentleman for yielding me the million, that we are saying to America Nation. In 1995, Legal Services programs han- time. that you can have your access to jus- dled over 59,000 cases in which clients sought Mr. Chairman, I am pleased to rise in tice, but those individuals who are legal protection from abusive spouses and support of the bill before us. Under poor, who are indigent, who are over 9,300 cases involving neglected, abused, tight budgetary allocations, the gen- women, who are children, who are the and dependent juveniles. tleman from Kentucky, Chairman ROG- elderly, cannot have the ability to re- Legal Services attorneys assist victims of ERS, and the gentleman from West Vir- ceive the kind of legal services that the domestic violence in a variety of ways: obtain- ginia, Mr. MOLLOHAN, ranking minority Constitution provides. Twenty-six ing orders of protection, child support, and di- member, have responsibly crafted a thousand poor Americans will get to vorces from abusive spouses; representing good bill. I appreciate the gentleman access one lawyer with the legal serv- them in child custody proceedings; assisting from Kentucky’s close consultation ices cuts. them with applications for emergency housing with our Committee on International I think it is important, Mr. Chair- or other benefits that enable them to escape Relations. I have been informed there may be man, that we recognize the commit- violent situations; and helping them make a amendments to further reduce oper- ment of this government to be a gov- realistic plan for moving from dependency to ations funding U.S. Information Agen- ernment of laws and not of men and self-sufficiency. cy, which I strongly oppose. I oppose women. And so these services should be H.R. 3814 would fund the LSC in fiscal year reductions in those activities and point provided by the Legal Services Cor- 1997 at $141 million, which is an extreme cut out to my colleagues that in the budg- poration, 323 guarantees provided serv- from the fiscal year 1995 level of $415 million. et, the USIA already has been reduced ices to almost 2.1 million clients from This cut will result in the virtual abandonment by $6 million below the fiscal year 1996 1,100 locations last year, approximately of this country's longstanding Federal commit- appropriated level. The 2-year cumu- 24 million families are poor enough to ment to the legal protection of low-income in- lative reduction in USIA operating ac- qualify for free services. In 1995, the dividuals, including victims of domestic vio- legal services fund provided 1 lawyer count is now $36 million. lence. Withdrawing aid for this program will ef- It is gratifying that this bill contains for every 200 low-income families. fectively shut millions of Americans out of the important new directions and guidance Without sufficient funding this year justice system. in our war against illicit drugs, and I these families cannot be served. Cutting the fiscal year 1997 funding level to applaud the gentleman from Kentucky, Legal Services helps us in defending $114 million will most likely result in the follow- Chairman ROGERS, the gentleman from against spousal abuse or child abuse. It ing: the number of clients served will fall from Illinois, Mr. HASTERT, the gentleman helps us with divorce and separation 2.1 million in fiscal year 1995 to 1.1 million; from New Hampshire, Mr. ZELIFF, and for indigent families and women. The the number of neighborhood officers will fall all those who have enhanced funding Legal Services lawyers help poor peo- from 1,100 in fiscal year 1995 to approxi- for international strategy against ple with wage claims, discrimination, mately 550; the number of LSC attorneys drugs and provided direction to the termination, unlawful termination, serving the poor will fall from 4,871 in fiscal DEA and the source nations. The result and unemployment claims year 1995 to 2,150; there will be only one LSC is that there will be more DEA agents Frankly, Mr. Chairman, what it does lawyer for every 23,600 poor Americans; there on the ground, improvements in intel- is it simply says you are an American, will be no legal assistance for clients in thou- ligence collection, and more vetted too. I am concerned that we do not suf- sands of counties throughout the country; mil- units aimed at the problem of system- ficiently fund the Legal Services Cor- lions of poor people in rural areas in the atic corruption in many of these na- poration to serve the poor, so I am sup- South, Southwest, and large parts of the Mid- tions of illicit drugs and the traffick- porting the Mollohan-Fox amendment west, which have virtually no non-LSC fund- ers. to increase legal services because that ing, will have extremely limited resources to In recent years the battle against is the right thing to do, and that would obtain meaningful access to justice; and Legal drugs has not progressed under the add to a better Commerce, Justice De- Services programs will be forced to severely present administration. This is par- partment, State Department appro- limit their services, resulting in the substitution ticularly evident in the alarming soar- priations bill. of brief advice and referral for complete legal ing drug use since 1992, especially Mr. Chairman, I would have risen to offer an representation in most cases. among our young people. This rise in amendment to the Commerce-Justice-State By restoring some funding for this vital pro- drug use followed administration deci- appropriations bill. This amendment would re- gram, the Jackson-Lee amendment will help sions that diminished interdiction re- store $20 million for the Legal Services Corp. soften the bill's negative impact on the LSC. sources by nearly one-half while also [LSC], which distributes Federal funds to more My amendment would provide $20 million for neglecting source country eradication than 300 local legal aid organizations to pay the LSC by taking $20 million from the U.S. efforts. The results have been disas- for the representation of low-income individ- Information AgencyÐInternational Broadcast- trous. uals in civil legal matters, such as landlord- ing Operations [USIA], which receives $346.7 Mr. Chairman, today’s bill reverses tenant disputes, domestic relations, and Social million under the bill, and $2 million from the some of those unwise decisions that Security matters. However, I now rise to sup- National Endowment for Democracy, which re- will help take the battle to the traf- port the Mollohan-Fox amendment to increase ceives $30 million under the bill. fickers and the source and transit Legal Services to almost to last year's funding The Legal Services Corp. is a representa- zones long before that poison hits our and if it passes, I will not offer my amend- tion of this country's commitment to the ideal streets and destroys our young people ment. of equal justice. By providing access to justice and adds billions to our societal costs. This program provides desperately needed for millions of Americans, the LSC has given Mr. MOLLOHAN. Mr. Chairman, I assistance to our Nation's poor families and them a stake in the justice system and a yield 2 minutes to the distinguished individuals. Without some kind of legal aid our sense that government is meant to be a serv- gentlewoman from New York [Mrs. poorest citizens would have no recourse ant of the people rather than a master. We LOWEY]. against unscrupulous merchants, no help in must not allow this program to be guttedÐit is Mrs. LOWEY. Mr. Chairman, I would arranging adoptions or enforcing child support fundamental to our Nation's sense of fair play. like to address two issues in this bill H8164 CONGRESSIONAL RECORD — HOUSE July 23, 1996 which directly affects women and their go into those countries and crush those way through the legislative process. families. drug growing and manufacturing areas. The ATP Program needs to be restored First, I would like to thank the gen- Let me just say one very simple illus- in order for this bill to be worthy of tleman from Kentucky, Chairman ROG- tration. If you have seen on TV the last our support. ERS, for fully funding the Violence couple nights about ruby red, a new Mr. ROGERS. Mr. Chairman, I yield 2 Against Women Act. These funds are type of heroin that teenagers use, they minutes to the gentleman from Texas needed desperately, and we appreciate smoke it because the purity has gone [Mr. SMITH], the chairman of the Sub- the attention to this issue. However, I from 4 to 90 percent. We will be able to committee on Immigration and Claims would like to reiterate the concerns of stop the infusion through Colombia, of the Committee on the Judiciary. the gentleman from West Virginia [Mr. who used to use cocaine, now using Mr. SMITH of Texas. Mr. Chairman, I MOLLOHAN] which were mentioned pre- ruby red, a more devastating drug to rise in strong support of a Commerce, viously. Because the bill was so late teenagers then anything we have ever Justice, State, and judiciary appropria- and was not signed until April, the seen. tions bill. funds for 1996 are just being processed. This bill will help us stop that. I sup- This bill provides $2.1 billion in fund- The Department of Justice is doing a port its passage and really salute the ing for the Immigration and Natu- valiant job in getting these funds out. chairman of the committee who has ralization Service. That is $30 million Many of my colleagues may not made this happen. more than the administration re- think of legal services as a women’s Mr. MOLLOHAN. Mr. Chairman, I quested. The funds for the INS in fact issue, but it clearly is. The funding yield 2 minutes to the gentleman from represent a 25-percent increase over cuts contained in this bill will force Oregon [Mr. BLUMENAUER]. last year, and they demonstrate Repub- the Legal Services Corporation to Mr. BLUMENAUER. Mr. Chairman, I licans’ commitment to reducing illegal abandon many of the critical legal strongly agree with the comments that immigration. my colleague from West Virginia has services that it provides to poor H.R. 3814 provides the necessary made regarding the bill and its benefits women, particularly victims of domes- funding to hire 1,100 new Border Patrol and deficiencies. Among other things, I tic violence. agents. The administration’s request In 1995, legal services programs han- appreciate the additional resources in- would only have funded 700 new Border dled over 59,000 cases in which clients cluded in the bill for community polic- Patrol agents. This bill also contains a ing, a program which has made such a sought legal protection from abuse of significant funding increase for the de- difference in communities in my dis- spouses and over 9,300 cases involving tention and removal of illegal aliens, trict and around the country. including 2,700 new detention beds. The neglect and abused and dependent juve- But, I do want to spend a moment niles. In fact, family law, which in- speaker about a grave area of defi- administration’s request would only cludes domestic violence cases, makes ciency dealing with the Advanced have funded 700 detention beds. Fund- up one-third of the 1.7 million cases Technology Program. This is one pro- ing is critical to the effective imple- handled by legal services programs gram that promotes partnerships and mentation of America’s immigration each year. boosts competitiveness by encouraging policies. In addition to helping victims of do- innovation. It is worthy of bipartisan I thank Chairman ROGERS for the mestic violence, the lawyers of the support and adequate funding. The tireless efforts he has made to secure Legal Services Corporation help poor partnerships created by the ATP allow our borders. women with many necessary legal serv- the U.S. Government to work with There is another bill which passed ices. For example, the lawyers at legal businesses and universities, helping ex- the House in March of this year by a services assists mothers and their chil- isting technological leaders to leverage vote of 333 to 87 that also advances im- dren to enforce child support orders their talent and expertise. migration reform. H.R. 2202, the Immi- against deadbeat dads. They also help I have seen this take place in my gration in the National Interest Act, women with employment discrimina- State of Oregon. In the last several will soon go to conference with the tion cases and parents who are trying years, we have watched as the compa- Senate. It will benefit American fami- to protect their children’s educational nies—which must match Federal lies, taxpayers and workers by securing interests. funds—have invested approximately the borders, removing criminal and il- If we slash funding to the Legal Serv- the same amount in ATP projects as legal aliens from the country, and en- ices Corporation, we will be abandon- they have received from the Federal suring that immigrants are self-reli- ing hundreds of thousands of women Government. These recipients are de- ant. who desperately need legal help. These veloping broad-based technologies, Mr. Chairman, the American people women have nowhere else to turn. So which will not only make them more are demanding that we pass com- please, I ask my colleagues, let us competitive globally, but will be creat- prehensive immigration reform. I urge make sure that we do not short-shrift ing new industries and new jobs. In Or- my colleagues to provide sufficient the women of America and not turn egon over the last 5 years, 10 Oregon funding for border security by voting our back on their families. participants have joined in ATP ‘‘yes’’ on this bill. Mr. ROGERS. Mr. Chairman, I yield 1 projects. Five of these participants Mr. MOLLOHAN. Mr. Chairman, I minute to the gentleman from Illinois have been small businesses. yield 2 minutes to the gentlewoman [Mr. HASTERT], the very distinguished For example, Precision Cast Parts in from Connecticut [Ms. DELAURO]. chief deputy majority whip. my district is working on developing Ms. DELAURO. Mr. Chairman, I ap- (Mr. HASTERT asked and was given large-scale industrial gas turbines preciate the work done on this bill, but permission to revise and extend his re- which can operate at higher tempera- regrettably the bill sharply reduces marks.) tures. These higher operating tempera- critical law enforcement resources by Mr. HASTERT. Mr. Chairman, thank tures mean increased fuel efficiency underfunding the COPS community po- you for reversing a trend that has hap- and the option of using a larger variety licing initiative and legal services and pened in this country over the last 5 of fuels. cuts research and technology invest- years. This bill changes a trend that At Tektronix, over the last 3 years ments. has seen a reduction in drug interdic- they have been developing the AD- Community Policing Services has its tion. It has seen a reduction in the VANCED Program, the Advanced Digi- roots in New Haven, CT. The New ability to stop children from using tal Video Network for Creative Editing Haven Police Department began a drugs. Your work, Mr. Chairman, has and Distribution Program, a new tech- groundbreaking experiment in commu- changed this whole issue. nology which allows video to be used nity policing in the early 1990’s in re- What we do in this bill is increase the just like other electronic data. These sponse to an extremely high crime ability for the Drug Enforcement Ad- programs attract expertise to the re- rate. Community policing worked in ministration to renew counternarcotics gion and to the State. And they create New Haven to make streets safer. Be- attacks on those countries who grow new jobs. cause of its success in my district and the drugs and manufacture drugs. We I hope we will take another hard look others, the previous Congress passed a have given our country the ability to at this program as this bill wends its national community policing initiative July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8165 as part of the 1994 Crime Control Act. Mr. GEKAS. Mr. Chairman, I thank gentlewoman from Maryland [Mrs. Since its enactment, COPS grants have the gentleman for yielding me this MORELLA]. put over 55 new police officers on the time. Mr. ROGERS. Mr. Chairman, I yield 2 beat in my district, helping to reduce The Susquehanna River begins in minutes to the gentlewoman from crime on the streets and providing in- New York State, flows through Penn- Maryland [Mrs. MORELLA]. creased security to the citizens in my sylvania and then Maryland, and (Mrs. MORELLA asked and was given community. This bill level funds COPS empties into the Chesapeake Bay. It is permission to revise and extend her re- and impedes the ability of police de- a gorgeous river. Everyone loves it. marks.) partments in cities like New Haven to Those who live on either side of it are Mrs. MORELLA. Mr. Chairman, I do their difficult job. happy people. But last January, like thank the chairman of the subcommit- I am equally distressed about the many other times in the history of the tee for yielding me this time and the bill’s attack on the Legal Services Cor- Susquehanna Valley, the Susquehanna ranking member of the subcommittee poration, which provides essential River turned on us and in a rage de- for yielding to me. legal representation to indigent fami- stroyed billions of dollars worth of Mr. Chairman, I do appreciate the lies in my district, especially coura- property and killed 16 people. difficulties in preparing this appropria- geous women escaping an abusive part- Why do I tell my colleagues this? Be- tions bill, and I want to commend the ner. Dismantling the Legal Services cause the flood warning system that we gentleman from Kentucky, Chairman Corporation will keep women and chil- had in place, which this committee was ROGERS, and the ranking member, the dren in violent settings and perpetuate able to put in place several years ago, gentleman from West Virginia, Mr. domestic violence. was responsible, we believe, for pre- MOLLOHAN, for the work that they have Finally, I strongly oppose this bill’s venting even further damage. I want to done in trying to bring a bill before us provision to kill the ATP public-pri- thank the chairman of the committee that will make a difference. vate partnership that helps small busi- for recognizing that pattern of behav- I applaud the more than full funding nesses grow and generate good-paying, ior on the part of the Susquehanna of $197,500,000 for the Violence Against high-technology jobs. Health Informa- River and for his efforts in making a $1 Women Act. It will go a long way. tion Systems in Wallingford, CT, billion appropriation, upwards from the I am, however, concerned about cuts CuraGen Corp. in Branford, and 669, where it rested before, in recogni- in the Legal Services Corporation and Alexion Pharmaceuticals in New Haven tion of how dangerous the Susque- the elimination of the superb NOAA are but three examples in my district hanna can become. corps of commissioned officers before of how ATP works to generate good Mr. ROGERS. Mr. Chairman, I yield 1 the forthcoming GAO report. This is jobs. I strongly oppose killing ATP. minute to the gentleman from New certainly premature. Mr. Chairman, these priorities need Hampshire [Mr. ZELIFF]. While I support funding for the Tech- to be restored. I urge my colleagues to Mr. ZELIFF. Mr. Chairman, I thank nology Administration, the National restore these important priorities as the gentleman for yielding me this Institute of Standards and Technology we consider this bill. time. Laboratories, the Advanced Tech- I thank the gentleman from Ken- nology Program, the MEP program, I b 1430 tucky [Mr. ROGERS] for his commit- am deeply troubled by lack of funding Mr. ROGERS. Mr. Chairman, I yield 1 ment and strong support to our Na- for the NIST construction of research minute to the gentleman from New tion’s drug war. In the past 2 years I facilities account, especially since a $30 York [Mr. FORBES], a very able and have worked very hard, traveling million rescission was experienced in hard-working member of our sub- through the transit zone and parts of fiscal year 1995 and a further $24 mil- committee. South America and source country pro- lion rescission in fiscal year 1996. I be- Mr. FORBES. Mr. Chairman, I rise in grams and we have seen firsthand the lieve these rescissions, along with zero- strong support of this Commerce, Jus- people out there putting their lives on ing this out, would be absolutely det- tice, and State, the Judiciary, and re- the line every day with limited re- rimental to NIST’s meeting its mis- lated agencies appropriations bill, and sources. sion. I also rise to thank both the ranking The sad reality is that we have wit- I look forward to continuing to work minority and majority members for the nessed a record increase in drug use with the subcommittee to develop conciliatory and balanced effort that among America’s children between 1992 funding for the completion of NIST’s this bill represents. and 1995, amounting to an aggregate 10-year plan to construct and renovate There has been every effort to move increase of nearly 200 percent. This re- facilities to allow the National Insti- the spending bills in this Congress for- verses a downward trend that lasted tute of Standards and Technology to ward in a very dramatic and dynamic from 1979 through 1992. That reversal, fulfill its important missions and to way, and I believe all of us can appre- as everyone knows, or should know, live up to U.S. industries’ needs for the ciate the fact that this bill really is a paralleled unprecedented cuts in drug new millennium and thereafter. bipartisan effort to get a balanced interdiction, international programs Mr. Chairman, I appreciate the difficulties in spending plan in an environment where and other supply reduction efforts. preparing this appropriations bill and I com- we have dwindling resources. The sudden rise in youth drug use mend Chairman ROGERS for his efforts. This is a excellent bill, and I want to and drug related violence is also ac- I wish to speak regarding a few provisions compliment not just the gentleman companied by a dramatic increase in in the bill, with particular emphasis on funding from Kentucky, Chairman ROGERS, and drug availability on America’s streets, for the National Institute of Standards and the gentleman from West Virginia, Mr. and a major increase in the potency of Technology [NIST]. MOLLOHAN, but also the chairman of these drugs, especially cocaine, hero- While I support the committee's funding for the full committee, the gentleman ine, marijuana flowing into the United the technology administration, and for the from Louisiana, Mr. LIVINGSTON, and of States from Colombia, Bolivia, Peru, NIST laboratories, its advanced technology course the gentleman from Wisconsin, and Mexico. program, and its manufacturing extension pro- Mr. OBEY. Mr. Chairman, for the best interest of gram, I do have very strong concerns about We are all working very, very hard, our children and grandchildren, we the committee's lack of funding for NIST's in a very tough environment, where we need a balanced effort of education, construction of research facilities account. have fewer dollars and great needs, prevention, treatment, interdiction, Failure to fund this account would adversely unending needs, and this is a good bill and source country programs. Thanks affect NIST and its ability to meet its mission, and I urge its adoption. to the gentleman from Kentucky and and by extension, our Nation's industries Mr. ROGERS. Mr. Chairman, I yield 1 his leadership we will have that bal- which rely on NIST to compete in the global minute to the gentleman from Penn- anced effort. marketplace. sylvania [Mr. GEKAS], the chairman of Mr. MOLLOHAN. Mr. Chairman, I Mr. Chairman, an independent study in the Subcommittee on Commercial and yield the balance of my time, 1 minute, 1991 found that the overwhelming majority of Administrative Law of the Committee to the gentleman from Kentucky [Mr. NIST's facilities will fail to meet program on the Judiciary. ROGERS] so that he may yield it to the needs within this decade unless steps are H8166 CONGRESSIONAL RECORD — HOUSE July 23, 1996 taken immediately to renovate and construct violence, child abuse, and sexual assaults monetary benefit, at least in the near future, its facilities. against women in this country. should the Corps be eliminated. I fail to see NIST's specialized research buildings, need- Under this bill, funding will be provided to why accelerating this process at this time, can ed for world-class measurement and stand- train judges and court personnel about domes- be anything but detrimental. ards research in support of industry, are fast tic violence; to train law enforcement person- Last, Mr. Chairman, I would like to briefly becoming scientifically obsolete. nel in targeting crimes against women and in pay homage to this extraordinary Corps of In addition, they suffer from environmental, implementing effective arrest policies with re- dedicated men and women, who by terms of systems, and safety flaws. gard to domestic violence. The funding will their employment, are subject to frequent and The decaying state of NIST's facilities al- also strengthen services to women and chil- prolonged periods away from home, extremely ready has made it impossible to provide some dren who are victimized by these terrible dangerous, rigorous, or hardship postingsÐin- of our Nation's industries with essential serv- crimes. cluding a winter's stay in the Antarctic, and ices, such as state-of-the-art calibrations ur- Mr. Chairman, the NOAA Commissioned who exemplify some of the most dedicated gently needed to maintain production-line Corps, one of our Nation's seven uniformed public servants anywhere in the world. quality controls on a par with overseas com- services, was established at the beginning of As one of my constituents wrote me, ``The petitors. the First World War. It will be celebrating its Nation benefits significantly from their sac- Environmental controls which were more 80th birthday in 1997, the year that the admin- rifice, since uniformed service members can than adequate when the buildings were first istration and Congress have planned its ex- be sent anywhere at any time to meet any constructed over three decades ago are now tinction. mission, without incurring the expense or other completely inadequate for advanced atomic- A General Accounting Office report has limitations inherent in a civilian work force.'' Al- level research. been completed and will be released in the though the uniformed service pay system Also, the poor quality of NIST power sup- very near future. I believe that it is premature under title 37 of the United States Code was plies regularly results in inaccurate measure- to eliminate the Corp by the end of fiscal year designed to compensate for the Corps mobility ments, costly delays, rework, and loss of data. 1997, and I urge my colleagues to wait for this and field operations, it can hardly compensate NIST identified $42 million in facilities safety report before taking this irrevocable step. for their dedication in performing difficult tasks. and capacity projects requiring major retro- NOAA Corps' 333 commissioned officers, I regret that this provision was included in fitting in that 1991 report. down already from 370 a year ago, all have the bill, and I urge my colleagues to join me The project list for this much-needed ren- engineering or science degrees, and have in working to ensure that the Senate bill, and ovation, since then, has continued to grow. been actively recruited from among students the final conference report, delay this actionÐ In the years since the report was developed, with a grade point average of 3.1 or better. allowing time for the GAO report, requested by high priority facilities maintenance problems, The Corps boasts an up or out promotion sys- Budget Committee Chairman KASICH, to pro- requiring an additional $285 million have been tem, and officers are subject to transfer any- vide Congress with guidance on how best to identified. where throughout NOAA. This traditionally in- shape the Corps' future. These projects, now totaling $327 million cludes multiple assignments in the air, on Mr. ROGERS. Mr. Chairman, I yield 2 represent only the most critical retrofit require- land, or prolonged sea service, often as the minutes to the gentlewoman from Kan- ments. commanding officer or chief scientist. Their sas [Mrs. MEYERS], the very able chair- NIST must continue to receive construction home base, however, is most often in Seattle, woman of the Committee on Small funding in fiscal year 1997 to address the WA; Norfolk, VA; Tampa, FL; or at NOAA Business of this House, a Member who highest priority projects from this list. headquarters in Silver Spring, MD. is departing this House after this term, Mr. Chairman, no one has legitimately dis- I have serious reservations over the wisdom regrettably. puted the need for NIST's modernization and of eliminating this superb Corps of commis- (Mrs. MEYERS of Kansas asked and renovation. In past years, the Appropriations sioned officers, who were earlier this month was given permission to revise and ex- Committee has provided funding which keeps flying into the eye of Hurricane Bertha, giving tend her remarks.) NIST's necessary 10-year modernization invaluable information to responsible officials Mrs. MEYERS of Kansas. Mr. Chair- project on schedule. up and down the east coast. There is no way man, as Chair of the authorizing com- I believe that not providing funding for the to quantify the number of lives that were po- mittee for the Small Business Adminis- construction account at this time, especially tentially saved, or the number of buildings and tration, I rise in strong support of H.R. since there was a $30 million rescission in fis- homes that were protected, by emergency 3814 and commend the gentleman from cal year 1995 funding and a further $24 million personnel having access to this incredibly ac- Kentucky, Chairman ROGERS, for the rescission in fiscal year 1996, would be abso- curate weather information. Many of you may excellent work he has done on this ap- lutely detrimental to NIST's ability to meet its remember the picture of the hurricane on the propriations measure, as well as the mission. front page of the July 12 Washington Post. ranking member, the gentleman from I look forward to continue working with the This was taken from an NOAA Hurricane Hun- West Virginia, Mr. MOLLOHAN. chairman of the subcommittee to develop ter aircraft, flown by two retirement-eligible Mr. Chairman, the Committee on funding for the completion of NIST's 10-year NOAA Corps officers. The present version of Small Business has had a very good plan to construct and renovate facilities which the fiscal year 1997 Commerce Department working relationship with the Com- will bring NIST up to U.S. industry's needs for appropriations bill, page 54, would retire these merce, Justice, State Appropriations the beginning of the 21st century and beyond. flyers and eliminate their positions. Subcommittee. We communicated our In addition, I am concerned that cuts in The However, these are only 2 of the 333 offi- priorities for funding vital SBA pro- Legal Services Corp. threaten to abandon im- cers throughout NOAAÐall in positions of grams, and Chairman ROGERS gave poverished women and children, particularly great responsibility and with many years of ex- careful consideration to our rec- those who are victims of domestic violence. perienceÐthat would have to be replaced by ommendations. I am pleased to say LSC has provided critical legal assistance to civilians or contractors. In addition, we would that, in most instances, he accepted these women and children, assuring that they lose the backbone of the Nation's nautical our recommendations. are not trapped in a violent relationship by charting program, which is manned by Corps On Thursday, the Committee on helping to get protection orders, file for di- officers. What advantage is there to eliminate Small Business completed its markup vorce, and receive child support. I hope that this resource and hire or subcontract replace- of H.R. 3719, legislation making signifi- we will be able to increase this account before ment, replacements which may well cost cant changes and improvements to a the bill is presented to the President. more, and almost surely not have the same number of SBA programs. These I am pleased that this bill includes sense of duty and sacrifice that has for 80 changes were needed to keep the sub- $197,500,000 for implementation of the Vio- years been instilled in the NOAA Corps? sidy rates on our loan programs low, to lence Against Women Act. This represents I have to believe that this scenario is not the provide long-term capital to small more than full funding and will go a long way result of rational planning but, sadly, of mis- business at the least possible cost, and in the fight against domestic violence in our interpreted good intentions. The language in in some cases no costs, to the taxpayer. neighborhoods and communities all across the National Performance Review asks NOAA In addition, the committee initiated this Nation. to reduce the Corps by 130 officers by fiscal several pilot programs to move the liq- The bill underscores the important role of year 1999, and only eventually eliminate the uidation function from SBA employees the Federal GovernmentÐworking with State service. A study conducted by the accounting to the private sector. The authorizers and local authoritiesÐin combating domestic firm of Arthur Anderson failed to indicate any and Chairman ROGERS’ subcommittee July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8167 have had to labor under the dilemma of the time, and for the hard work and children need. This approach is supported by sudden increases in the loan subsidy openness they have put into this bill. recent research sponsored by OJJDP and oth- rates. These increases are largely due The chairman has kept us on track to- ers that clearly demonstrates the linkages be- to a reduction in SBA’s recoveries. We ward reducing our Federal deficiencies, tween abuse and neglect, delinquency and vi- have found a number of deficiencies in and these reductions have made it pos- olence. SBA’s liquidation practices, with liq- sible and responsible with an environ- Dr. Terry Thornberry, in his causes and cor- uidations taking far longer than in the mental conscience. relates study sponsored by OJJDP, found that private sector. Moving more of the loan Now, within the National Oceano- adolescents from families with two or more servicing and liquidation functions to graphic and Atmospheric Administra- forms of abuse present, are close to three the private sector is, in my opinion, tion [NOAA], the budget for the Na- times as likely to report committing violent of- the best way to increase recoveries. tional Marine Sanctuary Program is fenses as their peers from nonviolent families. These pilot initiatives will allow us to maintained at fiscal year 1996 levels. Cathy Spatz Widom, in her cycle of violence test that theory in the 7(a), 504, and This is very important because Ameri- study sponsored by the National Institute of disaster loan programs. ca’s 13 marine sanctuaries protect and Justice, found that childhood abuse and ne- The authorization changes contained preserve some of the Nation’s most sig- glect increases the likelihood of arrest as a ju- in H.R. 3719 will work hand in hand nificant ocean resources. venile and as an adult. The direct connection I am fortunate to have two marine with the funding levels provided in between child neglect and violence is strik- sanctuaries within my district, the H.R. 3814, to continue the essential ingÐ12.5 percent of neglected children will be Channel Islands National Marine Sanc- services of the SBA, but at a much re- arrested for a violent offense by the time they tuary and the southern tip of the duced funding level from the adminis- reach age 25. The connection between phys- Monterrey National Marine Sanctuary. tration’s unrealistic request. Again, I ical abuse and later violence is even high at These and the 11 other sanctuaries pro- commend my friend, Chairman ROG- 15.8 percent. ERS, and I urge my colleagues to sup- vide safe habitats for many threatened port this legislation. and endangered marine species. These correlations are significant, for they Mr. ROGERS. Mr. Chairman, I yield 1 Furthermore, NOAA’s National tell us that while we must provide for the im- minute to the very able gentleman Ocean Service monitors the health of mediate safety needs of our communities, from Illinois [Mr. WELLER]. the coast and probes how our use of the through adequate law enforcement efforts and Mr. WELLER. Mr. Chairman, I of Nation’s near shore waters affects the accountability and sanctions, we must also in- course want to thank the gentleman environment. This critical information tervene early in the lives of our children and from Kentucky, Chairman ROGERS, for is used to help assess the effects of oil help to enrich the life experience of our youth yielding me this time, and I rise in spills and coastal pollution. if we are to have a chance to dramatically re- strong support of this bill. I also want Again, I thank the gentleman from duce our crime rate. That is why OJJDP is to commend the bipartisan leadership Kentucky [Mr. ROGERS] and his staff fostering such programs as: parent training in the subcommittee for producing a for his hard work on this appropria- classes to give parents the tools they need to good bill. tions bill and for the wise manner in be effective in dealing with and nurturing their Let us make it very, very clear, this which he has kept us on track. children; Head Start to make certain high-risk legislation fights crime. Not only does Mr. CRAMER. Mr. Chairman, I want to take children are ready for school and have a fair it increase funding or provide funding particular note today of a small item in the De- chance to succeed; community public health to train and equip new police officers partment of Justice budgetÐthe Office of Ju- teams; after school programs to give children and provide for better enforcement venile Justice and Delinquency Prevention. a positive activity in which to participate; along our borders, but it does some- This agency, which began in 1974 with a mentoring to provide positive role models; thing else that is very, very important, focus on noncriminal juvenile offenders and conflict resolution in schools, the community, and that is, it provides $680 million in four programs, now addresses a full range of and juvenile justice settings; home visitation funding for prisons and juvenile deten- juvenile issues, from violent juvenile crime to programs to help new families nurture and tion center development. In fact, that the victimization of children through child care for their children; truancy and dropout re- is $50 million more than the President abuse and neglect. The office administers 13 duction programs designed to keep kids in asked for. programs under the Juvenile Justice and De- school and give them the tools they need to That is particularly important to linquency Prevention Act and the Victims of be self-sufficient; and community policing ef- States like Illinois, which I represent, Child Abuse Act. The budget which totals a forts to bring many of these interventions to- and there is a reason why. If we look at modest $162 million, returns huge dividends gether as part of a strategy to provide safe crime statistics, the biggest increases for America's children and families. and supportive neighborhoods. are in juvenile crime. In fact, in Illi- We are at a critical time in the history of our That is why OJJDP's child protection pro- nois, unfortunately, while we are see- juvenile justice system. It is facing a surge in gramsÐmissing and exploited children, court- ing an increase in juvenile crime, there violent crime and spiraling increase in reports appointed special advocates, improvement of are only 351 juvenile detention center of child abuse and neglect. It is under attack the dependency court system, prosecutor beds outside of Cook County. Counties as not being effective in dealing with these training on child abuse and neglect, and the such as Grundy, Kankakee, and La problems. establishment, expansion and improvement of Salle, which I represent, are seeing an America is frightened of crime and violence, a network of children's advocacy centers increase in youth crime but no place to and more specifically, of violent crime commit- across the country are so important. They will put them. ted by youth. Indeed, to a certain degree, serve to prevent the next generation from be- Thanks to this Republican Congress America is becoming frightened of many of its coming violent delinquents and from abusing we passed legislation, signed into law youth. Is there good reason for this fear? In their own children. this year, which allows these funds to looking at recent arrest data for violent offend- be used for juvenile detention center ers, the greatest increase is in the category of In fiscal year 1996, OJJDP announced a $3 jails. I urge an ‘‘aye’’ vote, and look offenders under the age of 15. As to weapons million competitive program funded by OJJDP, forward to working with local law en- offenses, there was a 23.2 percent increase the Violence Against Women Office and the forcement. This is a good bill. for offenders under the age of 15, as opposed Weed and Seed Program. Entitled ``Safe Kids/ Mr. ROGERS. Mr. Chairman, I yield to a 4.8 percent increase for offenders over Safe Streets: Community Approaches to Re- the balance of my time to the gentle- 18. ducing Abuse and Neglect and Preventing De- woman from California [Mrs. OJJDP has taken a two-pronged approach linquency,'' this $2.7 million program seeks to SEASTRAND]. to addressing these issues, stressing the need reduce juvenile delinquency by helping to Mrs. SEASTRAND. Mr. Chairman, I to provide safety in our communities through break the cycle of child and adolescent abuse rise in strong support of the fiscal year accountability and sanctions programs, while and neglect. It will do this by coordinating 1997 Commerce, Justice, and State, the at the same time making every possible effort community services, both public and private, Judiciary, and Related Agencies Appro- in the areas of prevention, early intervention in order to make the system more accountable priations Act, and also to say to the and rehabilitation. In addition OJJDP has rec- by providing a continuum of services. chairman that I really appreciate his ognized that this society must support its fami- This is just 1 of 11 new competitive pro- taking the time and his staff taking lies in their attempts to provide the care their grams funded by the office in fiscal year 1996. H8168 CONGRESSIONAL RECORD — HOUSE July 23, 1996

The others include: Juvenile mentoring; com- The serious reduction in the fiscal year 1997 ROGERS provided this funding after meeting munity assessment centers; juvenile gun vio- LSC appropriation effectively undercuts this his subcommittee's overall budgetary restric- lence reduction; native American, dispropor- promise, and I urge my colleagues to support tion consistent with our balanced budget goal. tionate minority confinement, and gender-spe- an increase to the LSC budget. Once again, I thank Chairman ROGERS for his cific services training and technical assistance I am also troubled by the $110.5 million cut work and leadership. programs; field-initiated research; and four to the Advanced Technology Program [ATP]. Mr. TAYLOR of North Carolina. Mr. Chair- independent evaluations of the mentoring, ATP has enjoyed wide bipartisan support in man, I rise in strong support of this legislation. child abuse and neglect, assessment center, the past and has been extremely effective in I wish to add my compliments and thanks to and juvenile gun violence reduction programs. building partnerships between industry and Chairman ROGERS and the staff for their hard These exciting new initiatives respond to government. Using modest Federal funds to work in crafting a bill that has such wide- identified State and local needs to prevent and leverage private sector contributions has re- spread support. The chairman and the sub- reduce violence and improve the juvenile jus- sulted in many successful efforts in the fields committee staff have put together a very solid tice system's ability to respond to juvenile vio- of high technology and scientific research. bill. Although discretionary spending is above lence and victimization. They join an array of ATP is the very sort of program utilized by last year's level, it remains below the level en- prevention, early intervention, graduated sanc- our global competitors to achieve important acted 2 years ago. The members of the sub- tions, and system improvement programs that advances in the industries of tomorrow. I be- committee faced extremely difficult decisions will be continued in fiscal year 1997 with funds lieve that the substantial cut to the ATP budg- in determining the funding levels for the var- under this appropriation. et is very short-sighted. ious programs funded in this bill. I encourage my House colleagues to learn I am also disappointed that the committee The bill reflects the Republican commitment more about this important program and the has funded the COPS office at $576 million to public safety and law enforcement by outstanding work OJJDP is doing on behalf of below the President's request. COPS has targeting resources toward the war on drugs, America's children. been a tremendous success nationwide. It has important crime initiatives, and the protection Mr. FAZIO of California. Mr. Chairman, I provided funding for over 44,000 positions of our Nation's borders. wish the record to reflect my opposition to the across the country. In my congressional dis- Over $7.1 billion is included in the bill to re- start the war on drugs, including a $167 mil- measure before us. Let me state at the outset trict, over 230 law enforcement positions have lion increase for the Drug Enforcement Admin- that there are provisions in this bill that I been funded and more are on the way. The istration. This includes a new $75 million initia- strongly support, namely the committee's COPS Program has assisted communities tive targeted at source countries, restoring focus on the growing problems created by large and small, rural and urban, in funding successful international drug efforts to 1992 methamphetamine. I am hopeful that these the best and most effective deterrent to levels, and a $56 million initiative to stop traf- provisions, coupled with the President's na- crimeÐthe officer on the beat. COPS funds ficking on the Southwest border. tional methamphetamine strategy, will begin to not only the hiring of officers, but also the pur- We are seeing increased drug activity and turn the tide on this highly destructive drug. I chase of equipment and technology, the hiring illegal alien immigration occurring on Federal also support the committee's efforts to of civilians, and the payment of overtime. forest lands along the Southwest border. In re- strengthen the ability of the Immigration and Mr. Chairman, this bill contains several pro- sponse, the committee report urges both INS Naturalization Service to patrol our Nation's visions that I strongly support. On balance, and DEA to work collaboratively with the For- borders. however, I must oppose this bill. However, I must oppose the bill because it est Service to reduce illegal alien and drug ac- Mr. GEKAS. Mr. Chairman, I rise today to tivity on Federal forest lands. With the in- contains unacceptably severe cuts to the recognize the fine work of the House Appro- Legal Services Corporation [LSC]. The LSC is creased resources provided to both agencies, priations Subcommittee on Commerce, Jus- the committee expects additional efforts will be a not-for-profit organization which provides tice, State, and Judiciary under the leadership legal access to poor and indigent citizens who undertaken to address this pressing problem. of Chairman HAROLD ROGERS for their support would normally be shut out of our country's I was pleased that the bill continues the 3- for the Susquehanna River basin flood warn- year phase-out of the Legal Services Corpora- legal system. This bill contains a cut of $137 ing system [SRBFWS]. million from the fiscal year 1996 level and is tion and continues the restrictions we placed Mr. Chairman, as many of my colleagues on LSC's activities. I am aware of at least one almost $200 million below the President's re- know, this past January the Commonwealth of quest. amendment that will be offered later today to Pennsylvania, along with other Mid-Atlantic SInce 1975, the LSC has worked to ensure increase the funds provided to LSC. I urge all and Northeastern States, were devastated by access to the justice system for millions of of my colleagues to vote against such an at- one of the Nation's worst floods on record. By Americans who otherwise could not afford as- tempt and continue the phase-out of Federal the time the waters subsided in Pennsylvania, sistance with urgent civil legal problems. Legal funding. more than $1 billion in property damages were services programs provide representation and Finally, I appreciate the chairman working sustained and 16 lives were lost. According to counseling for people facing issues such as with me so that a provision dealing with reli- the U.S. Geological Survey's Water Resources substandard housing, domestic violence, child gious broadcasters could be included in the Division: ``The Susquehanna River Basin in custody disputes, and the myriad needs of vic- bill. The language in the bill simply prevents central Pennsylvania was hit hardest by the tims of natural disasters. the FCC from using appropriated funds to The cuts contained in the bill will take a very January 19±21 flood.'' If it were not for the 24 deny a license, license transfer or assignment, real human toll on our citizens. What these hour monitoring provided by the SRBFWS, or license renewal for any religious entity on cuts mean, as the First Lady wrote recently, is thousands of people living along the river the grounds that its recruitment and hiring of thatÐ would not have been evacuated and brought employees is limited to persons of a particular to safety. Somewhere a couple and their young chil- religion, or persons having particular religious dren will have to sleep in an unheated car or Mr. Chairman, I rise today because con- knowledge, training, or interest. on the street because of an unlawful evic- tained in the bill before us, H.R. 3814, the De- I would like to address the provisions of this tion; a woman will be forced to cower in her partment of Commerce, Justice, and State, the addition, which I authored and which is strong- bedroom, a victim of domestic violence; and Judiciary, and related agencies appropriations ly supported by a number of our colleagues on a child will go hungry because his father re- bill, is an increase in funding for the SRBRWS the Appropriations Committee. I wish to outline fuses to pay child support. from the fiscal year 1996 level of $669,000 to the intent of the provision, and the direction In my State of California, LSC-funded pro- a fiscal year 1997 level of $1 million. This in- we have provided to the Federal Communica- grams are major providers of civil legal serv- crease funding is significant when considering tions Commission. First, I wish to be sure that ices. In fact, LSC funds accounted for approxi- that the Federal Government has already obli- the requirements of the provision are not mis- mately 45 percent of the funds available for gated more than $100 million in disaster relief represented as the debate over this bill contin- civil legal services to the poor in California in to the Commonwealth of Pennsylvania for the ues to the other body. Second, and perhaps 1995. January 1996 floods. A dollar spent on flood more importantly, I wish to provide clear direc- Access to justice is the great equalizer in warning today will save us from spending far tion to the FCC, and do everything possible to American society. Equal Justice Under Law is more in disaster relief tomorrow; clearly, this is assure that the agency understands, and can not only one of our Nation's founding pre- money well spent. execute the direction we have provided. cepts; it is also the promise inscribed on the Mr. Chairman, it is important to point out to The Commerce, Justice, State, Judiciary pediment of the Supreme Court building itself. the Members of the House that Chairman Subcommittee has discussed the matter in the July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8169 past with the FCC. Last year, I offered a simi- this case was the impetus for inquiries to the H.R. 3814 lar amendment but chose to withdraw the leg- FCC and the basis for the legislative lan- Be it enacted by the Senate and House of Rep- islative solution to the problem in favor of re- guage. In my opinion, this case is in more resentatives of the United States of America in port language. Unfortunately, we saw no re- need of the bill language than any other. I Congress assembled, That the following sums sponse to the direction the committee pro- agreed to the exemption so that Congress are appropriated, out of any money in the vided the Commission, and this year bill lan- would not be interfering with an ongoing case Treasury not otherwise appropriated, for the fiscal year ending September 30, 1997, and for guage was included in the appropriations leg- at the FCC. However, I hope that the Commis- other purposes, namely: islation. sioners and staff will take note of the strong The CHAIRMAN. It is now in order to In January 1994, Chairman HUNDT an- congressional support for the bill language consider the amendment printed in nounced that the agency's priority would be to and will move forward expeditiously to settle promote diversity in broadcasting. Because this matter with the Lutheran Church/Missouri House Report 104–678. the policy came on the heels of a 2-year FCC Synod. AMENDMENT OFFERED BY MR. ROGERS inquiry into NAACP allegations that several It is my understanding that a number of li- Mr. ROGERS. Mr. Chairman, I offer radio stations had not fully complied with the cense renewals are pending before the Com- an amendment. FCC's equal employment opportunity [EEO] mission. This limitation language will only The CHAIRMAN. The Clerk will des- rule, the policy was apparently aimed at sta- apply to religious broadcasters and their re- ignate the amendment. tions that discriminated against minorities. cruitment and hiring of employees based on The text of the amendment is as fol- In reality, the FCC has used its new charge religious knowledge, training or interest. This lows: to challenge and deny radio license applica- language does not limit the Commission's abil- Amendment offered by Mr. ROGERS: In title tions or renewals for religious broadcasters on ity to deny a license for other reasons, includ- I, under the heading ‘‘Violent Crime Reduc- the grounds that they discriminate by requiring ing EEO violations. tion Programs, State and Local Law En- forcement’’, after ‘‘and of which $12,500,000 religious knowledge, training or expertise for The CHAIRMAN. All time for debate has expired. shall be available for the Cooperative Agree- employees. ment Program’’ insert the following: ‘‘: Pro- In secular stations, there is a fundamental Pursuant to the rule, the bill shall be vided further, That funds made available for necessity to hire people who have a certain considered for amendment under the 5- Violent Offender Incarceration and Truth in level of knowledge of the format and content minute rule. Sentencing Incentive Grants to the State of of the station's programming. For example, an Before consideration of any other California may, at the discretion of the re- all-sports station hires people with adequate amendment, it shall be in order to con- cipient, be used for payments for the incar- knowledge of sports. Financial and economic sider the amendment printed in House ceration of criminal aliens’’. news stations require staff with an education Report 104–678 if offered by the gen- In title II, under the heading ‘‘Economic tleman from Kentucky [Mr. ROGERS] or Development Administration, Economic De- or experience in such issues. And classic rock velopment Assistance Programs’’, after stations need people who know the difference his designee. That amendment shall be considered read, shall be debatable for ‘‘September 30, 1982,’’ insert the following: between Frank Sinatra and Led Zeppelin. ‘‘and for trade adjustment assistance,’’. The absurdity in the FCC's diversity policy is the time specified in the report, equal- In title II, under the heading ‘‘National that it discriminates against religious broadcast ly divided and controlled by the pro- Oceanic and Atmospheric Administration, stations for attempting to insure some knowl- ponent and an opponent, shall not be Operations, Research, and Facilities’’, strike edge or expertise by employees of the sta- subject to amendment, and shall not be ‘‘$180,975,000’’ and insert ‘‘$182,660,000’’, and tion's content. The conflict lies in the FCC's subject to a demand for division of the strike ‘‘$431,582,000’’ and insert ‘‘$429,897,000’’. In title V, after the matter under the head- determination of which positions have sub- question. Pursuant to the order of the House of ing ‘‘Administrative Provisions—Maritime stantial connection with program content. Administration’’, insert the following: For example, the FCC believes that a re- Wednesday, July 17, 1996, it shall be in order immediately after disposition of ‘‘COMMISSION ON THE ADVANCEMENT OF ceptionist is not connected with the espousal FEDERAL LAW ENFORCEMENT of a licensee's religious views, and therefore, the amendment printed in the report to consider an amendment relating to the ‘‘SALARIES AND EXPENSES a knowledge of the station's position is an in- ‘‘For necessary expenses of the Commis- appropriate job preference. However, when advanced technology program, if of- fered by the gentleman from Kentucky sion on the Advancement of Federal Law En- the public calls in to comment on a program forcement, as authorized by the or to question a particular aspect of a broad- [Mr. ROGERS]. During consideration of the bill for Antiterrorism and Effective Death Penalty cast, the receptionist is usually the first person Act of 1996, $2,000,000, to remain available further amendment, the Chair may ac- until September 30, 1998.’’. at the station with whom they have contact. A cord priority in recognition to a Mem- The CHAIRMAN. Pursuant to House basic knowledge of the station's programming ber offering an amendment that he has would certainly be useful. printed in the designated place in the Resolution 479, the gentleman from My provision exempts a case currently Kentucky [Mr. ROGERS] and a Member CONGRESSIONAL RECORD. Those amend- pending at the Federal Communications Com- ments will be considered read. opposed each will control 5 minutes. mission. In Lutheran Church/Missouri Synod, The Chairman of the Committee of The Chair recognizes the gentleman the Commission designated for hearing the li- the Whole may postpone until a time from Kentucky [Mr. ROGERS]. cense renewal applications of two radio sta- during further consideration in the Mr. ROGERS. Mr. Chairman, I yield tions owned by the Lutheran Church/Missouri Committee of the Whole a request for a myself such time as I may consume. This is a noncontroversial amend- Synod [LCMS]. Although the FCC staff con- recorded vote on any amendment and ment that all parties are in agreement cluded that there was no evidence of any in- may reduce to not less than 5 minutes with. It provides four main items tentional discrimination by the church, the staff the time for voting by electronic de- which I will summarize and then hope- recommended to an administrative law judge vice on any postponed question that fully yield back the balance of our that the church lose its license for the station immediately follows another vote by despite the station's exemplary compliance electronic device without intervening time so that we can proceed. This is a manager’s amendment that, record with all other commission rules and business, provided that the time for first, provides flexibility to California regulations. The FCC staff contend that the voting by electronic device on the first so that they can use their State prison church violated the Commission's equal em- in any series of questions shall not be grant funds to fully fund the cost of in- ployment opportunity rule by requiring knowl- less than 15 minutes. edge of Lutheran Church doctrine and prac- After the reading of the final lines of carcerating illegal aliens in the State, tices for many positions at the station. The the bill, a motion that Committee of a particular problem in California. ALJ did not find denial of the renewal applica- the Whole rise and report the bill to Second, it allows the Economic De- tions to be appropriate given the lack of evi- the House with such amendments as velopment Administration funding to dence of intentional discrimination against mi- may have been adopted shall, if offered be used for trade adjustment assistance norities. The ALJ's decision was appealed to by the majority leader or a designee, centers, as has been the case in past the Commission's Review Board, which adopt- have precedence over a motion to years. Third, it increases funding for the na- ed a decision affirming the ALJ's decision and amend. ordering the license renewal applications The Clerk will read. tional marine sanctuaries program by granted for a short term. $1.68 million to last year’s level, offset Although the Lutheran Church/Missouri b 1445 by decreasing funding for satellites by Synod case was exempted in the provision, The Clerk read as follows: the same amount. H8170 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Fourth and finally, it provides $2 mil- ments for awards previously made to ment is the result of an agreement lion for the Commission on the Ad- small businesses under the ATP pro- reached among Chairman ROGERS, Mr. vancement of Federal Law Enforce- gram. The amendment modifies lan- WALKER, the distinguished chairman of ment recently authorized under the guage in the bill to clarify that funds the Committee on Science, and myself. Antiterrorism and Effective Death are being provided only for this pur- Mr. Chairman, I have an extended Penalty Act of 1996. pose. statement that I will submit for the Those are the four main provisions in Specifically, the amendment adds RECORD. I only want to say that I sup- the amendment, Mr. Chairman. They language to the bill to clarify that, port this amendment, but I stand here are noncontroversial. I am prepared first, funds provided for continuation today as a staunch supporter also of shortly to yield back the balance of my grants are only for small businesses the Advanced Technology Program. I time, unless there are other Members and only for those small businesses will only vote in favor of the amend- who desire to be heard. who were awarded an ATP grant prior ment because it is the only alternative The CHAIRMAN. Does any Member to fiscal year 1996 and, second, funds to zero funding for ATP as this bill seek time in opposition to the amend- are being provided for the purpose of moves forward in this process. So I ask ment? closing out all commitments for the my colleagues to join me in support of Mr. MOLLOHAN. Mr. Chairman, we ATP program. this amendment. support the amendment. Under the rule, if my amendment is Mr. Chairman, I rise to speak on the gentle- Mr. ROGERS. Mr. Chairman, I yield adopted, points of order will be waived man's amendment. back the balance of my time. against all provisions in the bill, in- This amendment is the result of an agree- The CHAIRMAN. The question is on cluding the Advanced Technology Pro- ment reached among Chairman ROGERS, Mr. the amendment offered by the gen- gram and the Technology Administra- WALKER, the distinguished chairman of the tleman from Kentucky [Mr. ROGERS]. tion. Science Committee, and myself. The amendment was agreed to. The amendment further clarifies con- If this amendment is adopted, the funding The CHAIRMAN. Pursuant to the gressional intent regarding the ATP contained in the bill for the Commerce Depart- order of the House of Wednesday, July program and ensures that Congress will ment's Advanced Technology Program and 17, 1996, it is now in order to consider have an opportunity to fully consider the Technology Administration will be pro- the amendment relating to the Ad- and debate these programs. tected from a point of order. Without this vanced Technology Program, if offered Mr. Chairman, I urge adoption of the amendment, funding for these critical initia- by the gentleman from Kentucky [Mr. amendment. tives will be stricken from the bill. ROGERS]. Mr. WALKER. Mr. Chairman, will I agree to support this amendment only as AMENDMENT OFFERED BY MR. ROGERS the gentleman yield? a means to protect funding for ATP and TA, Mr. ROGERS. Mr. Chairman, I offer Mr. ROGERS. I yield to the gen- not because I agree with it in principal. In fact, an amendment. tleman from Pennsylvania. I am extremely opposed to placing any addi- The Clerk read as follows: Mr. WALKER. Mr. Chairman, I thank tional restrictions on the funding provided for the gentleman for yielding to me and ATP. I believe this program should be a na- Amendment offered by Mr. ROGERS: On page 54, strike the language on lines 3 for working with the authorizing com- tional priority. through 15, and insert the following: mittee on implementing our policies ATP is about investing in our Nation's com- ‘‘In addition, for necessary expenses of the and priorities regarding NIST and petitiveness in the global market place. It does Advanced Technology Program of the Na- NOAA as passed by the House on May nothing more than put U.S. industry on a level tional Institute of Standards and Tech- 30 as a part of H.R. 3322, the Omnibus playing field with our major global competitors. nology, $110,500,000, to remain available until Civilian Science Authorization Act. As we sit here today foolishly placing more expended, of which not to exceed $500,000 I just want to clarify and confirm the restrictions on ATP and severely cutting the may be transferred to the ‘‘Working Capital intent and effect of the chairman’s program's funding, our foreign competitors are Fund’’: Provided, That none of the funds amendment. If passed, the language pouring money into similar initiatives. made available under this heading may be The European nations are accelerating in- used for the purposes of carrying out addi- will provide the terms and conditions tional program competitions under the Ad- for the termination of the Advanced vestment in commercial technologies. Japan vanced Technology Program: Provided fur- Technology Program in fiscal year has plans to double its government science ther, That funds made available for the Ad- 1997; is that correct? and technology budget. And China is planning vanced Technology Program under this head- Mr. ROGERS. Mr. Chairman, the au- to triple its investment in R&D by the year ing and any unobligated balances available thorization chairman is correct. My 2000, targeting computers, software, tele- from carryover of prior year appropriations amendment adds language to the bill communications, and infrastructure. for such program may be used only for the which specifies that the funds provided Simply stated, the United States is in a bat- purposes of providing continuation grants in the bill are only for the purpose of tle for global markets, where the spoils are for competitions completed prior to October jobs and national prosperity. And we are in a 1, 1995: Provided further, That such continu- closing out all commitments under the ation grants shall be provided only to single ATP program. dead heat. Funding ATP helps give us the applicants or joint venture participants Mr. WALKER. Mr. Chairman, if the competitive edge we need. which are small businesses: Provided further, gentleman will continue to yield, I ap- I realize that some of you on the other side That such funds for the Advanced Tech- preciate the chairman’s confirmation. of the aisle are ATP skeptics. But I continue nology Program are provided for the pur- With the adoption of this ATP termi- to assert that ATP is critical to our Nation's poses of closing out all commitments for nation language, I have agreed to drop long-term competitiveness. And although the such program.’’ the point of order striking the ATP program is young, there are already numerous Mr. ROGERS (during the reading). closeout funding of $110.5 million. The success stories. Mr. Chairman, I ask unanimous con- language of the manager’s amendment For example: As a result of an ATP grant sent that the amendment be considered which he drafted with me sets the stat- award, a small company in Woburn, MA, has as read and printed in the RECORD. utory ground rules for ending this pro- developed a cost-effective method for inac- The CHAIRMAN. Is there objection gram. It is consistent with the author- tivating viruses in human blood plasma prod- to the request of the gentleman from ization committee’s action not to au- ucts. Currently, there are no commercially Kentucky? thorize continuation of ATP. available technologies for inactivating protein- There was no objection. I thank the gentleman. encased viruses in biological products. You Mr. ROGERS. Mr. Chairman, this The CHAIRMAN. Does any Member can imagine the impact this technology will amendment represents a compromise seek time in opposition to the amend- have in both economic and human terms. reached with the authorization com- ment? Aphios Corp., has gone from employing only 2 mittee chairman, the gentleman from (Mr. MOLLOHAN asked and was people to providing jobs for more than 20 vi- Pennsylvania [Mr. WALKER], regarding given permission to revise and extend rologists, molecular and cell biologists, and the use of funding provided for the Ad- his remarks.) biomedical, chemical and mechanical engi- vanced Technology Program under Mr. MOLLOHAN. Mr. Chairman, I neers. That is pretty impressive high-tech- NIST. The bill funds ATP at $110.5 mil- move to strike the last word. nology job growth. lion, an amount sufficient to provide Mr. Chairman, I rise to speak on the ButÐcontrary to what a few of my Repub- final year funding to close out commit- gentleman’s amendment. This amend- lican colleagues would have you thinkÐthe July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8171 commercialization of this technology will not Committees on Appropriations of the House under the Federal Judiciary to respond be financed by the Federal Government. The of Representatives and the Senate in accord- to concerns expressed by the judiciary CEO of Aphios predicts it will take an addi- ance with section 605 of this Act. that adequate funding be available to tional $5 million to get the technology to the AMENDMENTS OFFERED BY MR. ROGERS fully equip and staff courthouses that commercial phase. This will be private sector Mr. ROGERS. Mr. Chairman, I offer are scheduled to come on line in fiscal moneyÐleveraged by the initial investment several amendments, and I ask unani- year 1997. made by the Federal Government. mous consent that they be considered This funding is provided by moving Another success storyÐX-ray Optical Sys- en bloc. $16 million from nondefense discre- tems, Inc., a small company in Albany, NY, The CHAIRMAN. Is there objection tionary spending to defense discre- to the request of the gentleman from has developed a new type of lens that focuses tionary spending within funding pro- Kentucky? x-rays in a concentrated beam. It allows users vided for the FBI in order to free up There was no objection. to control where the beam is directed. Using The CHAIRMAN. The Clerk will re- discretionary funds for these important infusions of private capital, that it was able to port the amendments. crime initiatives. leverage as a result of its ATP award, the The Clerk read as follows: Mr. Chairman, I urge adoption of this amendment. company began sales of neutron-focusing op- Amendments offered by Mr. ROGERS: On tics and x-ray optics for material analysis. Ac- page 14, line 21, under the heading ‘‘Federal Mr. KENNEDY of Massachusetts. Mr. cording to officials at the company, ATP has Bureau of Investigation, Salaries and Ex- Chairman, will the gentleman yield? provided about a 5- to 8-year jump on the penses’’, strike ‘‘$117,081,000’’ and insert Mr. ROGERS. I yield to the gen- technology development and allowed it to stay ‘‘$133,081,000’’. tleman from Massachusetts. in the United States. On page 2, line 24, at the end of the para- Mr. KENNEDY of Massachusetts. Mr. These are just two of many success stories graph under the heading ‘‘General Adminis- Chairman, I rise to engage in a col- tration, Salaries and Expenses’’, insert the loquy with the chairman of the sub- resulting from ATP grant awards. following new paragraph: So, I stand here today a staunch supporter ‘‘In addition, for reimbursement of ex- committee, the gentleman from Ken- of the Advanced Technology Program. How- penses associated with implementation of tucky [Mr. ROGERS]. ever, I will vote in favor of this amendment. It drug testing initiatives for persons arrested I, first of all, want to thank Mr. ROG- is the only alternative to zero funding for ATP and convicted of Federal offenses, $7,000,000, ERS for his diligent efforts on behalf of as this bill goes to conference. I ask my col- to remain available until expended.’’. this bill. Having included in this bill $7 leagues to join me in my support of this impor- On page 25, line 20, at the end of the para- million for the establishment of a Fed- graph under the heading ‘‘Justice Assist- eral drug testing initiative for pris- tant initiative. ance’’, insert the following new paragraph: The CHAIRMAN. The question is on ‘‘In addition, for local firefighter and oners, arrestees, and those recently re- the amendment offered by the gen- emergency services training grants, leased from Federal prison and on pro- tleman from Kentucky [Mr. ROGERS]. $5,000,000, to remain available until ex- bation, the chairman has been a rea- The amendment was agreed to. pended, as authorized by section 819 of the sonable and thoughtful legislator, and I The CHAIRMAN. The Clerk will read. Antiterrorism and Effective Death Penalty appreciate the work of him and his The Clerk read as follows: Act of 1996 (Public Law 104–132; 110 Stat. staff. 1316).’’. TITLE I—DEPARTMENT OF JUSTICE Essentially, we are going to set aside On page 69, line 10, strike ‘‘$125,000,000’’ and GENERAL ADMINISTRATION insert ‘‘$131,000,000’’. about $7 million to enable the Federal drug testing program to take place, an SALARIES AND EXPENSES Mr. ROGERS (during the reading). effort that I believe the gentleman For expenses necessary for the administra- Mr. Chairman, I ask unanimous con- from West Virginia [Mr. MOLLOHAN] tion of the Department of Justice, $71,493,000; sent that the amendments be consid- of which not to exceed $3,317,000 is for the made at the subcommittee level and ered as read and printed in the RECORD. Facilities Program 2000, to remain available The CHAIRMAN. Is there objection was intended certainly by the adminis- until expended: Provided, That not to exceed tration. 43 permanent positions and 44 full-time to the request of the gentleman from Kentucky? Second, it would set aside, within the equivalent workyears and $7,477,000 shall be $25 million that the bill currently sets expended for the Department Leadership There was no objection. Program only for the Offices of the Attorney Mr. ROGERS. Mr. Chairman, this aside for the purposes of drug testing, General and the Deputy Attorney General, amendment provides funding for three that comes out of the Byrne grant pro- exclusive of augmentation that occurred in important crime and security initia- gram. The concern is that the moneys these offices in fiscal year 1996: Provided fur- tives. would be so diluted and otherwise di- ther, That not to exceed 71 permanent posi- First, it provides $7 million for Fed- verted that States and local govern- tions and 85 full-time equivalent workyears eral drug testing initiatives to address ments would not be able to establish and $8,987,000 shall be expended for the Of- the use of illegal drugs by defendants drug testing programs of any signifi- fices of Legislative Affairs, Public Affairs who cycle through the Federal crimi- cance. and Policy Development: Provided further, If the States distribute the drug test- That the latter three aforementioned offices nal justice system. The bill already shall not be augmented by personnel details, provides $25 million under the Byrne ing programs using strict formula dis- temporary transfers of personnel on either a formula grant program for State drug tribution practices, no jurisdiction in reimbursable or non-reimbursable basis or testing initiatives. The Federal drug the country will have enough money to any other type of formal or informal transfer testing program will augment current implement a workable statewide or or reimbursement of personnel or funds on drug testing that is performed by the systemwide program. either a temporary or long-term basis. courts during pretrial custody and dur- It is also my understanding that the COUNTERTERRORISM FUND ing probationary periods. original administration proposal, as For necessary expenses, as determined by It will ensure that prosecutors are developed by the Justice Department the Attorney General, $9,450,000, to remain aware of the drug status of the defend- and others, was intended to be made available until expended, to reimburse any ants they prosecute and that appro- available under a competitive grant Department of Justice organization for (1) process where jurisdictions would com- the costs incurred in reestablishing the oper- priate measures are taken before drug- ational capability of an office or facility using defendants in pretrial detention pete for funds made available in only which has been damaged or destroyed as a or probationary status are released those amounts which would allow for reuslt of the bombing of the Alfred P. back into the community. comprehensive drug testing. Murrah Federal Building in Oklahoma City Second, the amendment provides $5 What are the intentions of the chair- or any domestic or international terrorist million for training of firefighters and man as the House goes into conference incident, (2) the costs of providing support to public safety officials in order to better with the Senate with respect to the im- counter, investigate or prosecute domestic equip them to assist law enforcement plementation of the $25 million Byrne or international terrorism, including pay- officials in response to terrorist at- grant program? ment of rewards in connection with these ac- Mr. ROGERS. Mr. Chairman, with re- tivities, and (3) the costs of conducting a ter- tacks. Funding for this training pro- rorism threat assessment of Federal agencies gram was authorized in the spect to the $25 million included in the and their facilities: Provided, That funds pro- antiterrorism bill. committee report under the formula vided under this heading shall be available Third, the amendment provides $6 funds of the Byrne grant program, it is only after the Attorney General notifies the million in funding for court security my intention to see that these funds be H8172 CONGRESSIONAL RECORD — HOUSE July 23, 1996 made available under the formula dis- acted to provide our Nation’s first re- cause they had not received the proper tribution. Under the bill, States and lo- sponders with crucial funding. In fact, training, every first responder would calities decide their own priorities. Mr. Chairman, right now in the defense have perished had the gas been real. In Under this bill, these priorities may in- conference we are working on Nunn- L.A. and New Orleans the results were clude drug testing. Lugar II, which my panel is overseeing the same. With the first line of defense It is also my intention to see that to deal with this issue to further en- out of the way, a terrorist attack in- those States seeking to encourage drug hance the lead taken in this particular volving chemical, biological or nuclear testing initiatives at the local level bill. weapons will be that much more deadly should establish a competitive grant I applaud the work of the gentleman to civilians. program with interested local jurisdic- from New York [Mr. SCHUMER] for his In conclusion, Mr. Chairman, it tions. leadership in this effort, and I espe- would be wonderful if we could turn It is my intention to work with the cially applaud the subcommittee for back the clock to a time when terror- gentleman from Massachusetts and their aggressive effort to provide fund- ism was someone else’s problem. But others who have an interest in the pro- ing in the form of the chairman’s we cannot. We cannot hide and pretend gram to clarify this further in the ex- amendment or mark to provide funding that terrorism will not touch our lives. pected conference with the Senate. I for the Nation’s fire and emergency America unfortunately faces an in- thank the gentleman for his comments. service. creasing threat from terrorism within Mr. KENNEDY of Massachusetts. Mr. We have 1.5 million men and women our borders, and those who are first on chairman, if the gentleman will con- in this country, Mr. Chairman, from the scene must be prepared. tinue to yield, I appreciate the chair- 32,000 departments who respond to dis- I am pleased and grateful that the man’s comments. I appreciate he and asters every day. What this amend- gentleman from Kentucky [Mr. ROG- his staff’s willingness to make certain ment will do is allow FEMA to provide ERS], the chairman, and the ranking that we divide these moneys. If you some training in the area of dealing Democrat, the gentleman from West take the $25 million and simply divide with these most difficult situations Virginia [Mr. MOLLOHAN], have agreed it around the country and provide that face this country and our metro- to support this amendment and include $500,000, $400,000, or $800,000 per State, politan areas. it in the manager’s amendment. Let us you are never going to have the kind of So with that I rise to thank the gen- put the odds of surviving a terrorist at- comprehensive system that we are tleman from Kentucky [Mr. ROGERS] tack in our favor. looking to create. and thank the gentleman from New I appreciate the chairman’s willing- The CHAIRMAN. The question is on York [Mr. SCHUMER]. the amendments offered by the gen- ness to devise a program that can actu- Mr. SCHUMER. Mr. Chairman, I ally work at the local level. We will tleman from Kentucky [Mr. ROGERS]. move to strike the requisite number of The question was taken; and the not have enough money to make this a words. national program. In the localities Chairman announced that the ayes ap- First I want to thank the gentleman peared to have it. where the program actually goes into from Kentucky [Mr. ROGERS], the gen- RECORDED VOTE existence, there will be the necessary tleman from West Virginia [Mr. MOL- Mr. ROGERS. Mr. Chairman, I de- funds to make the program comprehen- LOHAN] and the gentleman from Penn- mand a recorded vote. sive and successful. I appreciate the sylvania [Mr. WELDON] for their sup- A recorded vote was ordered. chairman’s willingness to make this port of this first responders amend- The vote was taken by electronic de- program a reality. ment. vice, and there were—ayes 416, noes 1, b 1500 Mr. Chairman, when I drafted this amendment last week I had no idea not voting 16, as follows: Mr. WELDON of Pennsylvania. Mr. [Roll No. 340] Chairman, I move to strike the last that it would take place in the shadow AYES—416 word. of the tragedy of TWA flight 800. The I want to rise to thank the gen- fact is, whether my colleagues think Abercrombie Brown (OH) Cubin the downing of the TWA flight was an Ackerman Brownback Cummings tleman from Kentucky [Mr. ROGERS] Allard Bryant (TN) Cunningham for working with the gentleman from accident or an act of terror, it is inevi- Andrews Bryant (TX) Danner New York [Mr. SCHUMER] and I to reach table that some day our Nation’s fire- Archer Bunn Davis fighters, paramedics and emergency re- Armey Bunning de la Garza a compromise on this important Bachus Burr Deal amendment dealing with the fire and sponse teams will be put to the test. Baesler Burton DeFazio emergency services in this country. They will have to respond to an emer- Baker (CA) Buyer DeLauro As our colleagues know, terrorism is gency terrorist situation that may in- Baker (LA) Callahan DeLay volve lethal chemical, biological and Baldacci Calvert Dellums no longer a foreign problem, it has hit Ballenger Camp Deutsch American soil, and we must better pre- nuclear materials. My amendment Barcia Campbell Diaz-Balart pare ourselves to deal with it. We all funds a modest grant program created Barr Canady Dickey know the situations that have occurred in this year’s terrorism bill to help Barrett (NE) Cardin Dicks Barrett (WI) Castle Dingell over the past several years involving them prepare for a terrorist attack. It Bartlett Chabot Dixon attack to the World Trade Center, the strongly supported by fire chiefs and Barton Chambliss Doggett attack at the Oklahoma Murrah Fed- firefighters who know firsthand how Bass Chapman Dooley much more work needs to know done in Bateman Chenoweth Doolittle eral Building and, most recently, TWA Becerra Christensen Dornan flight 800. In each of these tragic cases this area. Beilenson Chrysler Doyle our Nation’s first responders were the Why is the amendment needed? Well, Bentsen Clay Dreier first on the scene to actively work to we know that the first 3 to 6 hours Bereuter Clayton Duncan after the terrorist attack are the most Berman Clement Dunn save lives. Bevill Clinger Durbin While I applaud the work of the fire crucial period for treating the injured, Bilbray Clyburn Edwards and emergency services personnel from containing damage and searching for Bilirakis Coble Ehlers New York and Oklahoma, overall our survivors. In this short time frame Bishop Coburn Ehrlich Bliley Coleman Engel Nation’s first responders are unpre- Federal help can usually not get to the Blumenauer Collins (GA) English pared and untrained on how to respond scene. Local responders will be the Blute Collins (MI) Ensign to terrorist events. linchpin for the entire operation. Boehlert Combest Eshoo Recently in three cities, my city of Boehner Condit Evans Accordingly, fire and emergency Bonilla Conyers Everett service providers, especially in metro- New York, Los Angeles and New Orle- Bonior Cooley Ewing politan areas, unfortunately need spe- ans undertook surprise preparedness Bono Costello Farr cialized training, strategic and tactical tests for different kinds of terrorist at- Borski Cox Fattah Boucher Coyne Fawell training, on how to handle the gamut tacks. In New York the test was a sim- Brewster Cramer Fields (LA) of known types of terrorist attacks. ulation of a deadly gas like that used Browder Crane Fields (TX) Last year, Congress recognized the in the recent terrorist attack in Japan. Brown (CA) Crapo Filner importance of terrorism training and It was leaked into the subway, but be- Brown (FL) Cremeans Flake July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8173 Flanagan LaTourette Richardson NOES—1 trade adjustment program, at the fiscal Foglietta Laughlin Riggs Taylor (MS) 1996 level. Foley Lazio Rivers Forbes Leach Roberts NOT VOTING—16 Mr. FOX of Pennsylvania. I thank Fowler Levin Roemer the chairman. Collins (IL) Matsui Waters Fox Lewis (CA) Rogers Fazio McDade Williams As a point of further clarification, is Frank (MA) Lewis (GA) Rohrabacher Ford Peterson (FL) Wise it the understanding of the chairman Franks (CT) Lewis (KY) Ros-Lehtinen Gallegly Rose Young (FL) Franks (NJ) Lightfoot Roth that the Trade Adjustment Assistance Roukema Istook Saxton Frelinghuysen Linder Lincoln Tauzin Program is authorized to receive ap- Frisa Lipinski Roybal-Allard propriations through fiscal year 1998, Royce Frost Livingston b 1523 as detailed in the Omnibus Reconcili- Funderburk LoBiondo Rush Furse Lofgren Sabo Mr. OLIVER changed his vote from ation Act of 1993? Ganske Longley Salmon ‘‘no’’ to ‘‘aye.’’ Mr. ROGERS. That is correct. The Gejdenson Lowey Sanders Sanford So the amendments were agreed to. Omnibus Budget Reconciliation Act of Gekas Lucas Sawyer The result of the vote was announced 1993 provided an extension of authority Gephardt Luther Scarborough Geren Maloney as above recorded. for the Trade Adjustment Assistance Schaefer Gibbons Manton Mr. ROGERS. Mr. Chairman, I move Program through fiscal year 1998. Schiff Gilchrest Manzullo Schroeder to strike the last word. Mr. FOX of Pennsylvania. I thank Gillmor Markey Schumer Mr. FOX of Pennsylvania. Mr. Chair- the chairman for that further clarifica- Gilman Martinez Scott Gonzalez Martini man, will the gentleman yield? tion, and I commend him for his will- Seastrand Mr. ROGERS. I yield to the gen- Goodlatte Mascara Sensenbrenner ingness to work with Members on is- Goodling McCarthy Serrano tleman from Pennsylvania. sues that have concerned them. In par- Gordon McCollum Shadegg Mr. FOX of Pennsylvania. Mr. Chair- ticular, I thank the chairman for his Goss McCrery Shaw man, I rise to enter into a colloquy leadership, and his staffers for their Graham McDermott Shays Green (TX) McHale Shuster with the chairman of the committee. diligence and cooperation on this issue Greene (UT) McHugh Sisisky Mr. Chairman, I had intended to offer dealing with trade adjustment assist- Greenwood McInnis Skaggs an amendment to this bill aimed at re- ance. Gunderson McIntosh Skeen storing funds to an important program Gutierrez McKeon Skelton Mr. ROGERS. I thank the gentleman Gutknecht McKinney Slaughter known as the Trade Adjustment Assist- for his interest and his hard work on Hall (OH) McNulty Smith (MI) ance Program. The Trade Adjustment behalf of these centers. Hall (TX) Meehan Smith (NJ) Assistance Program helps small- to Mr. DAVIS. Mr. Chairman, will the Hamilton Meek Smith (TX) medium-sized manufacturing firms, Hancock Menendez Smith (WA) gentleman yield? Hansen Metcalf Solomon most of which have been impacted by Mr. ROGERS. I yield to the gen- Harman Meyers Souder either GATT or NAFTA. Trade adjust- tleman from Virginia. Hastert Mica Spence ment assistance is a tool used to help Mr. DAVIS. Mr. Chairman, I thank Hastings (FL) Millender- Spratt companies compete with foreign com- Hastings (WA) McDonald Stark the gentleman for yielding to me. Hayes Miller (CA) Stearns petition without interfering with Mr. Chairman, my colleagues, the Hayworth Miller (FL) Stenholm trade. It is the only program in the gentleman from Virginia and I, would Hefley Minge Stockman Federal Government that does not di- Stokes like to engage our colleague, the gen- Hefner Mink rectly interfere with free and open Heineman Moakley Studds tleman from Kentucky, the chairman Herger Molinari Stump trade and is not a trade barrier. of the subcommittee in a brief colloquy Hilleary Mollohan Stupak TAA has helped save 597 companies Talent regarding the District of Columbia’s Hilliard Montgomery Tanner between 1989 and 1995, saving and creat- Department of Corrections facility in Hinchey Moorhead Tate ing over 78,800 jobs, 12.2 percent job Hobson Moran Lorton. VA. Taylor (NC) Hoekstra Morella growth, and among those firms as- Tejeda b 1530 Hoke Murtha sisted, Mr. Chairman, sales have in- Thomas Myers Holden Thompson creased by $1.8 billion. Without reviewing the entire trou- Horn Myrick Thornberry Originally the language in the bill bled history of the correctional com- Hostettler Nadler Thornton plex at Lorton, I would like to share Houghton Neal and the accompanying report would Thurman with my colleagues some very compel- Hoyer Nethercutt Tiahrt have provided no funding for the trade Hunter Neumann Torkildsen adjustment assistance program. How- ling facts. First, as the gentleman from Hutchinson Ney Torres ever, it is my understanding that the Kentucky is aware, the D.C. govern- Hyde Norwood Torricelli gentleman from Kentucky [Mr. ROG- ment has allowed the prison population Inglis Nussle Towns Jackson (IL) Oberstar Traficant ERS], the chairman of the subcommit- there to double over the last 12 years, Jackson-Lee Obey Upton tee, has included language within his and at the same time the appropriation (TX) Olver Velazquez manager’s amendment to allow funds level today is the same as it was 12 Jacobs Ortiz Vento years ago, double the population, same Jefferson Orton Visclosky under the Economic Development Johnson (CT) Owens Volkmer Agency to be used for the trade adjust- appropriation, and during that time we Johnson (SD) Oxley Vucanovich ment assistance. have had intervening court decisions Johnson, E. B. Packard Walker Mr. Chairman, I would ask the chair- requiring more upkeep, inflation and Johnson, Sam Pallone Walsh the like. Johnston Parker Wamp man of the committee, will he confirm Jones Pastor Ward this? We have had the head of the D.C. De- Kanjorski Paxon Watt (NC) Mr. ROGERS. That is correct, Mr. partment of Corrections, Margaret Kaptur Payne (NJ) Watts (OK) Chairman. The gentleman will note we Moore, before our Subcommittee on Waxman Kasich Payne (VA) the District of Columbia coming for- Kelly Pelosi Weldon (FL) have included language within the Kennedy (MA) Peterson (MN) Weldon (PA) manager’s amendment which will allow ward and just saying they need help. Kennedy (RI) Petri Weller the EDA to use funds available for the The city right now is swimming in a Kennelly Pickett White Whitfield Trade Adjustment Assistance Program. sea of red ink and they cannot handle Kildee Pombo Mr. FOX of Pennsylvania. Mr. Chair- this complex by themselves. They have Kim Pomeroy Wicker King Porter Wilson man, is it the gentleman’s position asked us for help. The Mayor’s plan Kingston Portman Wolf that the House will urge in conference calls for the downsizing and closing of Woolsey Kleczka Poshard Wynn committee that the trade adjustment most of this facility over the last 5 Klink Pryce Yates assistance program should be funded at years. Klug Quillen Young (AK) Knollenberg Quinn least at the same level as in fiscal year What we would do, Mr. Chairman, is Zeliff Kolbe Radanovich Zimmer 1996? appreciate your support for including a LaFalce Rahall Mr. ROGERS. I would say to the gen- statement of managers language in the LaHood Ramstad tleman, yes, the committee will clarify conference report that would direct the Lantos Rangel Largent Reed that it is the position of the House to Attorney General of the United States Latham Regula fund all EDA programs, including the to undertake a joint review with the H8174 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Federal Bureau of Prisons, the U.S. a way that we can handle this situation that this goes forward it is our respon- Marshals Service and the District of in a more equitable manner than it is sibility to do something about it. Columbia for immediate steps nec- being handled today, along the lines I really wish that we would put more essary to first address the security that I have outlined. attention to this possibility of putting problems at the Lorton corrections Mr. MORAN. Mr. Chairman, will the it on the Bureau of Prisons. I think we complex as identified in current and gentleman yield? should have had an amendment on this ongoing studies by the National Insti- Mr. WOLF. I yield to the gentleman appropriations bill. I would hope we tute of Corrections, and frankly I from Virginia. would in the future, and maybe we can would also think we should ask of the Mr. MORAN. Mr. Chairman, I appre- get something in the District of Colum- Bureau of Prisons to work with the De- ciate the gentleman yielding to me. bia bill. partment of Corrections in the District In this very bill, Mr. Chairman, 2 Ms. NORTON. Mr. Chairman, I move to work out a strategy to close this years ago I put money in for the Na- to strike the last word. complex and perhaps rebuild it, hope- tional Institute of Corrections to study Mr. Chairman, I have no objection to fully somewhere else, over a given time Lorton, to determine how bad it was the colloquy now in progress. I would period, the next 5 to 7 years. and what could be done. They finished say to my good friend on this side of That is what I would like to see from their report. We have their report. It the aisle from Virginia, any compari- my perspective. I know Mr. WOLF and says the situation is real bad. They son between what you now desire here and my tax bill is nonapt. These are Mr. MORAN have some equally compel- suggest that dramatic action needs to ling feelings and arguments on this. be taken. The time to take dramatic the only nontaxpayers leaving the Dis- Mr. ROGERS. My colleagues from Virginia action was yesterday, or last year, or trict that we do not welcome back. But have been tenacious in bringing the problems several years ago. this is also the only State responsibil- at Lorton prison to my attention. It is certainly I see my good friend and colleague, ity that any Member of this Congress a situation which needs to be addressed in the Ms. NORTON, standing, who represents has stood to help the District with. We are the only city in the United States near future. As the gentleman have requested, the District of Columbia so ably. She that bears responsibility for State pris- I will work in conference to secure language has a plan to reduce the tax rate to 15 oners along with Medicaid and every directing the Attorney General to look at this percent, which would cost about $700 million. I think the chances of getting other State responsibility. problem with the D.C. Department of Correc- I welcome the attention that this tions and report to the Congress on necessary that are problematic, but I wish her luck in trying to push it forward. matter is now given, even if it comes steps. from the fact that it is in the State of Mr. WOLF. Mr. Chairman, I move to There are other solutions, another Virginia. When mutual interests come strike the last word. more obvious solution right in front of together, that may be the best way to Mr. Chairman, I just want to second us. That is to relieve the District of Co- solve a problem. My good friends are what the gentleman from Virginia [Mr. lumbia of responsibilities that it correct that conditions at Lorton are DAVIS] said and hope that we can work should not have to and cannot main- detestable and that it is irresponsible together with the chairman of this tain. It cannot run the kind of a prison to wait until a prison crisis develops, committee, but also some of the other that a State would be expected to run. even as we have waited until a finan- committees, to see how we can do what Yet Lorton Reformatory, Lorton Pris- cial crisis has developed in the Dis- the gentleman from Virginia [Mr. on is burying the District in debt, in trict. Everyone knows that the District MORAN] and the gentleman from Vir- embarrassment, in all kinds of horror stories in the paper. It further under- is powerless at the moment to do any- ginia [Mr. DAVIS] and others like, and thing about conditions at Lorton be- mines the credibility of the District that is to shut Lorton Reformatory cause of the insolvency of the city. The government. down in a set period of time. mayor and I have indicated that we Most of the major crimes that are They should not have to maintain this prison. It is too much. It is a State would accept some measure of Federal committed in the District of Columbia responsibility despite the fact that responsibility, we think, I think, and I and this region are committed by peo- home rule figures large for all of us. think a lot of others feel this is a Fed- ple who have served time in Lorton. But we have also said that that Federal eral Bureau of Prisons responsibility, There is no rehabilitation down at responsibility must come with Federal that it should be put under the Bureau Lorton. There is no drug treatment funds and those funds have not even of Prisons. It should probably be closed down at Lorton. You cannot put men in been requested and there is very little and moved to a place, for example, in a prison for 10 and 12 years with no movement, when there could have been Pennsylvania. We have some districts training, no rehabilitation, and expect some, to find a practical way to get that feel it is a win-win situation. They them to come out and be good citizens. there. I share the concerns of the gentleman would love to have the jobs, to rebuild We do not expect that the Bureau of from Virginia [Mr. DAVIS] and also the it somewhere like that, where it is still Prisons where the Federal prisons lie gentleman from Virginia [Mr. MORAN]. accessible, it is not as close but it is will simply eat D.C. prisoners. These I look forward to working with the still accessible. are felony inmates of a kind that are chairman of this committee and other We can do a good job. We can put in fairly rare in the Federal system. The committees to see what we can do in real rehabilitation, not teach prisoners Federal system is beyond capacity. We very short order to deal with this issue. how to farm and to milk cows, and so have to bring a problem-solving ap- Mr. DAVIS. Mr. Chairman, will the on, which might have been appropriate proach here. I have absolutely no ob- gentleman yield? generations ago, but certainly not now. jection to what the Members are trying Mr. WOLF. I yield to the gentleman We need to teach them the most mod- to do. As long as they include me and from Virginia. ern skills in construction, electronics, the District in what they are trying to Mr. DAVIS. Mr. Chairman, I think it and the like. do, they will find that I have no objec- is important to note, no other city in We need to start all over again with tion. But we have to do more than sim- the United States is responsible for Lorton. We need to move at least the ply beat up on the Bureau of prisons. housing the felony prisoners, no other maximum security people to a new We have to in fact analytically make city in the United States. We have put prison. We need to build that new pris- our way through this problem step by this burden on the District of Colum- on. We need to start doing that today. step until we find a way for Federal re- bia, and they have, I think to their To put this off another year is irre- sponsibility consistent with home rule credit, come forward and said they do sponsible. We cannot even afford toilet and funding to obtain in this matter. I not have the financial wherewithal to paper for the prisoners, for crying out thank the gentlemen for their concern. handle it under their current financial loud. Every day you read about the sit- Mr. MORAN. Mr. Chairman, will the circumstances. uation worsening. It is our responsibil- gentleman yield? That is why we need to engage the ity to do something about it. The ven- Ms. NORTON. I yield to the gen- Bureau of Prisons, working with the dors have not been paid in months. tleman from Virginia. city, with the National Institute of They are not going to continue provid- Mr. MORAN. Would the gentlewoman Corrections, with the Congress, to find ing the necessary supplies. Every day from the District of Columbia agree to July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8175 a proposal that we set a 5-year time ADMINISTRATION REVIEW AND APPEALS $76,447,000: Provided, That notwithstanding limit, at which time we would hope to For expenses necessary for the administra- any other provision of law, not to exceed have at least part of Lorton, perhaps tion of pardon and clemency petitions and $58,905,000 of offsetting collections derived the maximum detention, moved? immigration related activities, $64,000,000. from fees collected for premerger notifica- tion filings under the Hart-Scott-Radino Ms. NORTON. Time limits without a VIOLENT CRIME REDUCTION PROGRAMS, ADMINISTRATIVE REVIEW AND APPEALS Antitrust Improvements Act of 1976 (15 way to get to that point are meaning- U.S.C. 18(a)) shall be retained and used for For activities authorized by section 130005 less, especially when the city is insol- necessary expenses in this appropriation, and of the Violent Crime Control and Law En- shall remain available until expended: Pro- vent. forcement Act of 1994 (Public Law 103–322), as vided further, That the sum herein appro- Mr. MORAN. What we are talking amended, $48,000,000, to remain available priated from the General Fund shall be re- about is not making the Bureau of until expended, which shall be derived from duced as such offsetting collections are re- Prisons eat it but building a prison the Violent Crime Reduction Trust Fund. ceived during fiscal year 1997, so as to result that would house Lorton but with Fed- OFFICE OF INSPECTOR GENERAL in a final fiscal year 1997 appropriation from eral funding, because there are dif- For necessary expenses of the Office of In- the General Fund estimated at not more ferent sentencing rules that apply to spector General in carrying out the provi- than $17,542,000: Provided further, That any D.C. versus other Federal sentencing sions of the Inspector General Act of 1978, as fees received in excess of $58,905,000 in fiscal guidelines. So we probably need to amended, $31,960,000; including not to exceed year 1997, shall remain available until ex- keep them as a discrete population. We $10,000 to meet unforeseen emergencies of a pended, but shall not be available for obliga- confidential character, to be expended under tion until October 1, 1997. are talking about building a new facil- the direction of, and to be accounted for SALARIES AND EXPENSES, UNITED STATES ity, for example. If we could do that solely under the certificate of, the Attorney ATTORNEYS and do that within a reasonable period General; and for the acquisition, lease, main- of time, the gentlewoman would not tenance, and operation of motor vehicles, For necessary expenses of the Office of the object to that. without regard to the general purchase price United States Attorneys, including intergov- limitation for the current fiscal year. ernmental agreements, $931,029,000; of which Ms. NORTON. I would have no objec- not to exceed $2,500,000 shall be available UNITED STATES PAROLE COMMISSION tion to a plan that takes us toward until September 30, 1998, for the purposes of that goal step by step and year by year SALARIES AND EXPENSES (1) providing training of personnel of the De- with a funding bill to that end. For necessary expenses of the United partment of Justice in debt collection, (2) Mr. MORAN. Does the gentlewoman States Parole Commission as authorized by providing services to the Department of Jus- agree that we have done enough study- law, $4,490,000. tice related to locating debtors and their ing, that it is time for action? LEGAL ACTIVITIES property, such as title searches, debtor SALARIES AND EXPENSES, GENERAL LEGAL skiptracing, asset searches, credit reports Ms. NORTON, Absolutely. It is time and other investigations, (3) paying the costs for an implementation plan. That is ACTIVITIES For expenses, necessary for the legal ac- of the Department of Justice for the sale of what has been missing from this issue. tivities of the Department of Justice, not property not covered by the sale proceeds, Mr. DAVIS. Mr. Chairman, will the otherwise provided for, including not to ex- such as auctioneers’ fees and expenses, main- gentlewoman yield? ceed $20,000 for expenses of collecting evi- tenance and protection of property and busi- Ms. NORTON. I yield to the gen- dence, to be expended under the direction of, nesses, advertising and title search and sur- tleman from Virginia. and to be accounted for solely under the cer- veying costs, and (4) paying the costs of tificate of, the Attorney General; and rent of processing and tracking debts owed to the Mr. DAVIS. I think once again to re- United States Government: Provided, That of solve this problem in a way favorable private or Government-owned space in the District of Columbia; $420,793,000; of which the total amount appropriated, not to exceed to the inmates, to the surrounding not to exceed $10,000,000 for litigation sup- $8,000 shall be available for official reception communities and everybody else, it port contracts shall remain available until and representation expenses: Provied further, takes a joint effort. So far what is expended: Provided, That of the funds avail- That not to exceed $10,000,000 of those funds missing from this debate is a Federal able in this appropriation, not to exceed available for automated litigation support presence thought the Bureau of Pris- $17,525,000 shall remain available until ex- contracts shall remain available until ex- ons. The city has gone overboard in pended for office automation systems for the pended: Provided further, That in addition to legal divisions covered by this appropriation, reimbursable full-time equivalent workyears trying to look at privatization alter- available to the Office of the United States natives and the like and the Mayor’s and for the United States Attorneys, the Antitrust Division, and offices, funded Attorneys, not to exceed 8,758 positions and visionary plan, in fact, calls for the through ‘‘Salaries and Expenses’’, General 8,989 full-time equivalent workyears shall be downsizing, if not the elimination, of Administration: Provided further, That of the supported from the funds appropriated in the Lortion complex. But we are going total amount appropriated, not to exceed this Act for the United States Attorneys. to need some help. $1,000 shall be available to the United States VIOLENT CRIME REDUCTION PROGRAMS, UNITED What we are asking the chairman of National Central Bureau, INTERPOL, for of- STATES ATTORNEYS the committee to do in this particular ficial reception and representation expenses: For activities authorized by sections 40114, case is to direct the Bureau of Prisons Provided further, That notwithstanding 31 130005, 190001(b), 190001(d) and 250005 of the to become engaged in this process so U.S.C. 1342, the Attorney General may ac- Violent Crime Control and Law Enforcement cept on behalf of the United States, and cred- that we can come up with a proposal. Act of 1994 (Public Law 103–322), as amended, it to this appropriation, gifts of money, per- and section 815 of the Antiterrorism and Ef- Last year’s District of Columbia appro- sonal property and services, for the purposes fective Death Penalty Act of 1996 (Public priations bill had some language where of hosting the International Criminal Police Law 104–132), $43,876,000, to remain available we have asked the city to come up with Organization’s (INTERPOL) American Re- until expended, which shall be derived from a 5-year plan to close it. Now we need gional Conference in the United States dur- the Violent Crime Reduction Trust Fund, of to see what BOP can take and if it is ing fiscal year 1997. which $22,166,000 shall be available to help going to take money, we need to know In addition, for reimbursement of expenses meet the increased demands for litigation of the Department of Justice associated with and related activities, $500,000 for tele- what it is, but we need their involve- processing cases under the National Child- ment. It is unrealistic to ask the city marketing fraud, $10,577,000 for Southwest hood Vaccine Injury Act of 1986 as amended, Border Control, $1,000,000 for Federal victim government to do this by themselves. not to exceed $4,028,000, to be appropriated counselors, and $9,633,000 for expeditious de- It is the only city in the country that from the Vaccine Injury Compensation Trust portation of denied asylum applicants. Fund. does it. UNITED STATES TRUSTEE SYSTEM FUND VIOLENT CRIME REDUCTION PROGRAMS, Mr. ROGERS. Mr. Chairman, I ask For necessary expenses of the United unanimous consent that the bill GENERAL LEGAL ACTIVITIES States Trustee Program, as authorized by 28 through page 12, line 18, be considered For the expeditious deportation of denied U.S.C. 589a(a), $107,950,000, to remain avail- as read, printed in the RECORD, and asylum applicants, as authorized by section able until expended and to be derived from open to amendment at any point. 130005 of the Violent Crime Control and Law the United States Trustee System Fund: Pro- Enforcement Act of 1994 (Public Law 103–322), vided, That notwithstanding any other provi- The CHAIRMAN. Is there objection as amended, $7,750,000, to remain available to the request of the gentleman from sion of law, deposits to the Fund shall be until expended, which shall be derived from available in such amounts as may be nec- Kentucky? the Violent Crime Reduction Trust Fund. essary to pay refunds due depositors: Pro- There was no objection. SALARIES AND EXPENSES, ANTITRUST DIVISION vided further, That notwithstanding any The text of the bill through page 12, For expenses necessary for the enforce- other provision of law, $107,950,000 of offset- line 18 is as follows: ment of antitrust and kindred laws, ting collections derived from fees collected H8176 CONGRESSIONAL RECORD — HOUSE July 23, 1996 pursuant to 28 U.S.C. 589a(b) shall be re- purchase and maintenance of armored vehi- There was no objection. tained and used for necessary expenses in cles for transportation of protected wit- The CHAIRMAN. The gentleman this appropriation and remain available nesses; and of which not to exceed $4,000,000 from West Virginia [Mr. MOLLOHAN] until expended: Provided further, That the may be made available for the purchase, in- will be recognized for 30 minutes in stallation and maintenance of a secure, auto- sum herein appropriated from the Fund shall support of his amendment. Who seeks be reduced as such offsetting collections are mated information network to store and re- received during fiscal year 1997, so as to re- trieve the identities and locations of pro- to control the time in opposition? sult in a final fiscal year 1997 appropriation tected witnesses. Mr. TAYLOR of North Carolina. Mr. from the Fund estimated at $0: Provided fur- SALARIES AND EXPENSES, COMMUNITY Chairman, I seek the time in opposi- ther, That any such fees collected in excess RELATIONS SERVICE tion. of $107,950,000 in fiscal year 1997 shall remain For necessary expenses of the Community The CHAIRMAN. The gentleman available until expended but shall not be Relations Service, established by title X of from North Carolina [Mr. TAYLOR] will available for obligation until October 1, 1997. the Civil Rights Act of 1964, $5,319,000: Pro- be recognized for 30 minutes. SALARIES AND EXPENSES, FOREIGN CLAIMS vided, That notwithstanding any other provi- Mr. MOLLOHAN. Mr. Chairman, I SETTLEMENT COMMISSION sion of law, upon a determination by the At- yield 12 minutes to the gentleman from For expenses necessary to carry out the ac- torney General that emergent circumstances Pennsylvania [Mr. FOX], the co-author tivities of the Foreign Claims Settlement require additional funding for conflict pre- of this amendment, and I ask unani- Commission, including services as author- vention and resolution activities of the Com- mous consent that he be permitted to ized by 5 U.S.C. 3109, $878,000. munity Relations Service, the Attorney Gen- control that time. eral may transfer such amounts to the Com- The CHAIRMAN. Without objection, SALARIES AND EXPENSES, UNITED STATES munity Relations Service, from available ap- MARSHALS SERVICE propriations for the current fiscal year for the gentleman from Pennsylvania will For necessary expenses of the United the Department of Justice, as may be nec- control 12 minutes in support of the States Marshals Service; including the ac- essary to respond to such circumstances: amendment. quisition, lease, maintenance, and operation Provided further, That any transfer pursuant There was no objection. of vehicles and aircraft, and the purchase of to this paragraph shall be treated as a re- The CHAIRMAN. The Chair recog- passenger motor vehicles for policy-type use, programming under section 605 of this Act nizes the gentleman from West Vir- without regard to the general purchase price and shall not be available for obligation or ginia [Mr. MOLLOHAN]. limitation for the current fiscal year, expenditure except in compliance with the $460,214,000, as authorized by 28 U.S.C. 561(i); procedures set forth in that section. b 1545 of which not to exceed $6,000 shall be avail- The CHAIRMAN. Are there amend- Mr. MOLLOHAN. Mr. Chairman, I able for official reception and representation ments to that portion of the bill? yield myself 5 minutes. expenses; and of which not to exceed If not, the Clerk will read. Mr. Chairman, I rise today to join my $4,000,000 for development, implementation, The Clerk read as follows: distinguished colleague from Penn- maintenance and support, and training for sylvania [Mr. FOX] in offering an an automated prisoner information system, ASSETS FORFEITURE FUND and $2,200,000 to support the Justice Prisoner For expenses authorized by 28 U.S.C. amendment to increase funding for the and Alien Transportation System, shall re- 524(c)(1)(A)(ii), (B), (C), (F), and (G), as Legal Services Corporation. Simply main available until expended: Provided, amended, $30,000,000, to be derived from the put, the Mollohan-Fox amendment in- That, with respect to the amounts appro- Department of Justice Assets Forfeiture creases funding for the Legal Services priated above, the service of maintaining Fund. Corporation from $141 million to $250 and transporting State, local, or territorial AMENDMENT OFFERED BY MR. MOLLOHAN million. prisoners shall be considered a specialized or Mr. MOLLOHAN. Mr. Chairman, I As many of my colleagues know well, technical service for purposes of 31 U.S.C. offer an amendment. the Legal Services Corporation was 6505, and any prisoners so transported shall The CHAIRMAN. The Clerk will des- created in 1974 as a private, nonprofit be considered persons (transported for other ignate the amendment. corporation. Since then, the Legal than commercial purposes) whose presence is The text of the amendment is as fol- Services Corporation has worked to en- associated with the performance of a govern- lows: mental function for purposes of 49 U.S.C. sure access to our judicial system for Amendment No. 32 offered by Mr. MOLLO- 40102. Americans unable to afford assistance HAN: On page 12, line 21, after the dollar VIOLENT CRIME REDUCTION PROGRAMS, UNITED with their civil legal problems. The amount, insert the following: ‘‘(reduced by Legal Services Corporation, for many STATES MARSHALS SERVICE $14,000,000)’’. For activities authorized by section On page 21, line 9, after the dollar amount, of our poorest, most vulnerable citi- 190001(b) of the Violent Crime Control and insert the following: ‘‘(reduced by zens, has helped make the most basic Law Enforcement Act of 1994 (Public Law $45,000,000)’’. tenet of our judicial system, equal jus- 103–322), as amended, $25,000,000, to remain On page 53, line 6, after the dollar amount, tice under the law, a reality. available until expended, which shall be de- insert the following: ‘‘(reduced by About 34 percent of the cases closed rived from the Violent Crime Reduction $33,748,000)’’. by Legal Services Corporation attor- Trust Fund. On page 66, line 23, after the dollar amount, insert the following; ‘‘(reduced by neys in 1995 were in the realm of family FEDERAL PRISONER DETENTION $12,000,000)’’. law, 22 percent were housing related, 16 For expenses, related to United States On page 73, line 1 after the dollar amount, percent were related to income mainte- prisoners in the custody of the United States insert the following: (‘‘reduced by nance, and 10 percent were consumer Marshals Service as authorized in 18 U.S.C. $14,000,000)’’. problem oriented. 4013, but not including expenses otherwise On page 99, line 14, after the dollar The Legal Services Corporation pro- provided for in appropriations available to amount, insert the following: ‘‘(increased by vides grants to about 280 programs op- the Attorney General, $405,262,000, as author- $109,000,000)’’. erating over 900 neighborhood law of- ized by 28 U.S.C. 561(i), to remain available On page 99, line 15, after the dollar until expended: Provided, That this appro- amount, insert the following: ‘‘(increased by fices serving every county in the Unit- priation hereafter shall not be available for $109,000,000)’’. ed States. In 1995, Legal Services Cor- expenses authorized under 18 U.S.C. On page 103, line 17, after the dollar poration handled over 2.1 million cases 4013(a)(4). amount, insert the following: ‘‘(reduced by across this Nation. $10,000)’’. FEES AND EXPENSES OF WITNESSES I cannot stand before my colleagues On page 103, line 25, after the dollar today without acknowledging the fact For expenses, mileage, compensation, and amount, insert the following: ‘‘(reduced by per diems of witnesses, for expenses of con- $25,000,000)’’. that in the past the Legal Services Cor- tracts for the procurement and supervision On page 106, line 7, after the dollar amount, poration has not been without its share of expert witnesses, for private counsel ex- insert the following: ‘‘(reduced by of problems, some of which have oc- penses, and for per diems in lieu of subsist- $25,000,000)’’. curred in my own home State of West ence, as authorized by law, including ad- Mr. ROGERS. Mr. Chairman, I ask Virginia. But over the last year, the vances, $100,702,000, to remain available until unanimous consent that debate on this Legal Services Corporation has under- expended; of which not to exceed $4,750,000 amendment and all amendments there- gone major changes. The omnibus ap- may be made available for planning, con- struction, renovations, maintenance, remod- to close in 1 hour and that the time be propriations bill, which included the eling, and repair of buildings, and the pur- equally divided. fiscal year 1996 appropriations for legal chase of equipment incident thereto, for pro- The CHAIRMAN. Is there objection services, contained many new legisla- tected witness safesites; of which not to ex- to the request of the gentleman from tive requirements for the Legal Serv- ceed $1,000,000 may be made available for the Kentucky? ices Corporation. This bill contained July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8177 restrictions on legal services which Mr. Chairman, I would agree with the Over 25 States including California were more or less agreed to on a bipar- gentleman from West Virginia that he and New York have increased their tisan basis, although not unanimously. is not attempting to change any of the IOLTA grants by 21 percent. North For example, a competitive grant restrictions that were placed on legal Carolina alone increased its grant by process was put in place, and grantees services last year. But part of the deal, $1.2 million. These funds are increases. are now required to provide audited fi- part of the agreement that was placed These go into community-based legal nancial statements. They must also in legal services was there was to be a services programs. There are not fund- maintain strict timekeeping records. reduction, a gradual reduction. Rather ed by the U.S. taxpayers. These are not Many restrictions are in place gov- then zeroing out legal services, we Big Government programs. Numerous erning the type of cases that the Legal agreed that it would be taken down to national organizations contribute to Services Corporation lawyers can work $141 million. legal services aids today: United Way, on. These restrictions prohibit cases in Now the gentleman proposes to near- the NAACP, the ACLU and others. many areas. Many of these areas go to ly double that amount, breaking that Eighty percent of the bar still is not the core of the major concerns of most agreement. How long will it be that we participating in pro bono programs. Members of this body about Legal say those other restrictions placed on There is room, plenty of room with 80 Services Corporation. They include re- legal services are unnecessary and then percent of the bar to participate and strictions on legal services lawyers we will be wanting to take those off. increase its pro bono service. The dif- taking such cases as drug-related evic- Let us look at the history, 20 years of ference in efficiency between the Big tions from public housing. Legal Serv- history of an organization that did not Government program being advocated ices Corporation lawyers now cannot help the poor. It in fact punished the and my friend from West Virginia take class action litigation. They can- poor and used them as an excuse for a wants to double the funding for, it is not deal with abortion-related activity. very liberal agenda. The Legal Services much more inefficient than the local Legal Services Corporation cannot Corporation supported drug dealers community-based organization. deal with redistricting questions or po- against public housing authorities, tax- Now, is that not a surprise when the litical demonstrations. Legal Services paid public housing authorities. It Federal Government gets involved, it Corporation cannot get involved in voted to keep illegal immigrants in always costs more. For instance in Chi- strikes or union organizing activities. even while we were paying the INS and cago, the private legal services in Chi- They cannot get involved in litigation other Federal agencies to try to stem cago, some 25,000 inquiries, the average to influence welfare reform initiatives. the flow of illegal immigrants. price was about $80 per case. In Chicago Those are just a few of the examples It supported appeals and worked they operated that service with nine of the restrictions that we placed on against the prison systems of this staff people. The 79-person staff, na- Legal Services Corporation and under country to separate patients with tionally funded, Big Government legal which their lawyers operate today. I AIDS from other prisoners in order to services supported program cost $250 note to my colleagues that the Mollo- stem the spread of AIDS inside prison per case. And that is really no surprise han-Fox amendment does not change systems. It moved in other areas, in when we consider that, any time the in any way a single one of these re- one case to support a rapist to get cus- Federal Government is involved, there strictions. They are still in place and tody of the child, the product of his is usually more cost, and it moves will be in place after the passage of rape, even though that rapist had two more toward political correctness and this amendment. other illegitimate children, was in jail, The Mollohan-Fox amendment sim- liberalism than it does toward service ply increases funding for grants to the and his psychiatrist said he was in no for the poor. Taxpayer money is being basic field programs by $109 million, position to be a parent of any children. used in the Big Government legal serv- All of this is the legacy and the his- raising the total funding for legal serv- ices to fight tax-paid organizations. tory of the Legal Services Corporation. ices for fiscal year 1997 to $250 million. Let me give my colleagues an instance. Mr. Chairman, it was an excruciat- I would like to point out, Mr. Chair- In one case there was a woman, an ingly difficult exercise to go through man, that legal services in this Nation unmarried woman with a child, a drug and find the offsets for this $109 million will not end if we maintain the reduc- addict. The child was taken away by amendment. The offsets for the amend- tion, agreed upon reduction to $141 mil- the social services for its protection ment are as follows: Department of lion. because the woman clearly was incapa- Justice, assets forfeiture fund, $14 mil- First of all, let us talk about legal ble of handling the child. Legal serv- lion; Bureau of Prisons, $45 million; services. It is really two areas of legal ices sues the social services agency to Patent and Trademark Office, $34 mil- services in this country. First of all, get the child back. The woman then lion; Court of Appeals and District there is the Big Government legal serv- beats the child to death within 2 weeks Courts, $12 million; Diplomatic and ices that the gentleman from West Vir- after getting the child back. Here is a Consular Affairs, $14 million; Securi- ginia, [Mr. MOLLOHAN] wants to double tax-paid organization, in this particu- ties and Exchange Commission, $25 the funding for, the one that has had 20 lar case, who used their best judgment, million; and the National Bankruptcy years of abuse in this country. the medical authorities. They had to Review Commission, $10,000. There is the great portion, the major- make a ruling on behalf of the citizens I would now like to take this oppor- ity of legal services, which are small of the country in removing the child tunity to turn to the issue of what hap- community-based legal services organi- for its safety. Here is the taxpayer, pens if we do not pass this amendment. zations. The poor will not be denied large government, legal services suing What happens if funding remains at the free legal services. Even legal service the social services for the mother to level of $141 million as provided in H.R. organizations, nontaxpayer organiza- get the child back. 3814? What needs, Mr. Chairman, go tions receive more than the majority of What I am saying, we do not have the unmet? the funding of all legal services, as a information to support that kind of Without increased funding, it is ex- matter of fact in this country, and suit. There was a suit to give the child pected that the 2.1 million clients comes from non-tax paid sources. back, not what the measure of damage served in fiscal year 1995 will fall to In the last 5 years, nonfederal funds was or threat to the child or anything about 1.1 million. The number of neigh- for legal services grew by 82 percent else. This was strictly a suit to get the borhood offices will decrease from 1,100 and continues to grow. The American child returned to the mother. in 1995 to 550. Bar Association’s directory of 1993–94 Now, there are many other cases that Mr. Chairman, I urge adoption of this listed over 900 pro bono legal services we can show where legal services fights amendment. The harm will be to the organizations, services not funded by federally funded agencies with tax-paid most needy for legal services, and it the U.S. taxpayer, not part of the Big dollars. It would make much more will be great if our amendment is not Government legal services that is being sense to reform those agencies if nec- adopted. debated here today. There are millions essary. Where does the gentleman from Mr. TAYLOR of North Carolina. Mr. of dollars of increases in interest on West Virginia [Mr. MOLLOHAN] suggest Chairman, I yield myself such time as lawyers’ trust accounts; IOLTA is the we get the funds to shift to the Big I may consume. term. Government legal services? First of all, H8178 CONGRESSIONAL RECORD — HOUSE July 23, 1996 he wants to take $12 million from our guage, including the appropriations Mr. MOLLOHAN. Mr. Chairman, I Federal courts even as we put more and bills, included appropriate restrictions yield 3 minutes to the distinguished more cases on our courts, and it is nec- on class action lawsuits, legal assist- gentleman from Texas [Mr. STENHOLM]. essary for those court cases to be had ance to illegal aliens, or representing Mr. STENHOLM. Mr. Chairman, I to get violent criminals off the street. individuals evicted from public housing rise in support of the Mollohan-Fox Mr. Chairman, $14 million would due to sale of drugs. These were all amendment. For over a decade now the come from the State Department’s con- changed. gentleman from Florida, Representa- sular services although we would slow Now it is time to let the program op- tive BILL MCCOLLUM, and I have down drastically visitation and legal erate to fulfill the purposes which we worked to reform the Legal Services immigration into this country; $45 mil- all endorsed, to meet the day-to-day Corporation, with a lot of considerable lion from the Federal prison system at legal problems of the poor. The pro- help from the gentleman from Ken- a time when we need to increase prison gram helps millions of poor Americans tucky, Chairman ROGERS, and it has system funding, here again to address stay self-sufficient and productive citi- been like pulling teeth. the question of violent criminals. zens. Properly structured and super- Our intention all along has been to I remind the House that this program vised as it can be, this is a fundamen- make sure that the folks in our coun- never has been authorized in its his- tally conservative program, one which try who cannot afford legal assistance tory, that for 20 years it did not keep facilitates the peaceful resolution of in civil matters have access to the time records. It did not allow auditing, disputes in our society and reinforces courts, the original intent of LSC. Last and the agreement that was made last the rule of law. year we introduced H.R. 1806, a bill to year to bring about those reforms also Further cuts in funding will con- reauthorize LSC for 5 years at $250 mil- called for the reduction to go to $141 stitute a denial of equal justice under lion per year. In addition, our legisla- million which we should keep in this the law to millions of low-income citi- tion proposes tough, smart restrictions House. zens who have no other access to the on the corporation. I urge the House to vote against the courts. For this reason, I urge Members The full Committee on the Judiciary Mollohan amendment. to support Legal Services and to sup- marked up its bill, H.R. 2277, with the Mr. Chairman, I reserve the balance port the Mollohan-Fox amendment. gentleman from Pennsylvania, Chair- of my time. Mr. Chairman, I reserve the balance man GEKAS, and reported it out last Mr. FOX of Pennsylvania. Mr. Chair- of my time. September. This is a 4-year authoriza- tion which recommends $250 million in man, I yield myself 3 minutes. Mr. TAYLOR of North Carolina. Mr. fiscal year 1997 to provide legal serv- Mr. Chairman, I rise today to join Chairman, I yield 2 minutes to the gen- ices to the poor. the gentleman from West Virginia in tleman from North Carolina [Mr. offering the Mollohan-Fox amendment That notwithstanding, we have not BALLENGER]. to restore vital funding to legal serv- had the opportunity to debate this or Mr. BALLENGER. Mr. Chairman, the ices for the poor in the United States. any other authorization bill here in the Legal Services Corporation is a Gov- I can speak with firsthand knowledge full House. In fact, Legal Services has ernment bureaucracy that is out of of the benefits of these legal services not been reauthorized since 1980, yet control, and it must be tamed. The having served on the board of directors here we are today trying to decide its spending cut reflected in this appro- of my own local legal aid office in fate in a 1-year appropriation bill. priations bill is based on an agreement Montgomery County, PA. Let us let the process work the way reached in July of last year between In every district throughout this it is supposed to. Let us take the au- appropriators and House leaders. The country, there are citizens who find a thorizing committee’s recommendation proposed $141 million level is the need for legal services and assistance of $250 million with appropriate restric- agreed upon second step in this proc- at trying times in their lives. While tions for fiscal year 1997, and come ess. there may be some private resources back next year and address the future Legal Services has long been in- available in some areas, there is no of LSC through the authorization proc- volved in political advocacy with tax guarantee that a private lawyer or ess, the right way. dollars. For example, over the years, group will be there to offer pro bono All of the arguments we will hear Legal Services has committed vast re- service. today come down to one fundamental sources to litigation to stop public b question: whether we believe that the 1600 housing authorities from evicting dan- Federal Government has a role to play The Philadelphia Bar Association gerous drug dealers. This is a perfect in ensuring that the poor have access raised $100,000 in private donations last example of why critics argue that to the courts. I will be the first one to year to direct toward legal services. Legal Services works harder to protect tell my colleagues that the Legal Serv- However, this valiant effort cannot the rights of criminals than it does to ices Corporation has had its share of even scratch the surface of need that protect their victims. After years of problems over the years, and we will exists among our poor. abuse, the Corporation has become a hear many of them today. In fact, if There are 40 million Americans at or place for attorneys to put forth their the program is ever killed, it will be by below the poverty level. In State after liberal agenda, not defend poor people. some of its supporters. State studies show that no more than Many Legal Services supporters are Absent any other well-developed ap- 20 percent of the legal needs of the poor not aware that sufficient private alter- proach to caring for the people that de- are being met. Even with full funding natives already exist to provide more pend on legal assistance in their daily for the Legal Services Corporation and effective legal assistance to the poor. lives, I am not yet willing to demolish the efforts of the private bar, the legal Lawyers have a long history of provid- the LSC. That is precisely the direc- needs for low-income Americans exceed ing free legal service to the poor; for tion we will be heading if we cut the all available resources. Even with full example, the American Bar Associa- fund to $141 million. funding, no one can argue the poor will tion’s 1993–94 directory of pro bono As a lifelong supporter of a balanced have equal access to the courts. In of- legal services listed over 900 programs. budget, I understand budget realities fering this amendment, we are merely This does not include the innumerable and know we cannot fund every pro- attempting to ensure that the indigent lawyers who perform these services on gram at the level we want. That is why of our Nation have some access to the an individual basis. These private-sec- I commend the sponsors of this amend- courts. tor programs are much more effective ment, who have worked extremely hard This Congress, through the appro- and do not waste the taxpayers’ in finding the offsets to pay for this priations process, made significant money. amendment in a fair and reasonable changes to the structure of the admin- The House should continue to abide manner. istration of the Legal Services Cor- by the agreed level of appropriations Additionally, I am very pleased that poration. Most, if not all, of the con- for Legal Services. Reject the Mollo- they specify that all the increased cerns and objections about the program han amendment and support the fund- funding will go to field programs, not were responded to. Legislative lan- ing level in the bill. to management and administration. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8179 We continue all of the restrictions President Clinton signed Megan’s Law Legal Services Corporations in many agreed to on the LSC in the effort to into effect, which requires convicted parts of the country are defending the make sure that this program works for sex offenders to register their addresses rights of the drug dealers to stay in its original purpose. with local communities after being re- there, in public housing, and not to be There can be no denying that there leased from prison. evicted. are a large number of indigent individ- The Legal Services Corporation is What kind of nonsense is that? It uals who desperately need legal assist- fighting that law. On March 6 the makes absolutely no sense whatsoever. ance in their daily lives. We cannot be- Legal Aid Society of New York, an LSC Now, an agreement was reached to come a country where just treatment grantee, sued on behalf of three sex of- phase Legal Services Corporation out in the courts depends on economic sta- fenders to block New York’s version of over a 3-year period. We gave them $280 tus. Megan’s Law, which includes a 900 million or so last year, we agreed to For this reason, and in agreement number for community notification. $141 million this year and zero next with many of those who will find They won a restraining order delaying year. The leadership signed onto it and things that have gone wrong with the implementation for months. the appropriations leadership signed Legal Services, this is not the time and Legal Services lawyer Thomas onto it, and today we are seeing a move the place to make that decision. Let us O’Brien called sex offenders, listen to to increase it to $250 million and to allow the program to continue and this, the Legal Services lawyer Thomas keep this organization in effect. allow the full changing of the program O’Brien called sex offenders ‘‘the vic- It is the wrong thing to do. The right to take place in an orderly manner, so tims of a unilateral decision made by thing to do is protect the people of this that we do not end up doing more harm the State.’’ country and get rid of the Legal Serv- than good for all the right reasons. Now, what about that parent that ices Corporation. Mr. TAYLOR of North Carolina. Mr. does not want their child molested by Mr. FOX of Pennsylvania. Mr. Chair- Chairman, I yield myself such time as that sex offender? They want to know man, will the gentleman yield? I may consume to remind this body if he is in the neighborhood. Everybody Mr. BURTON of Indiana. I yield to that the Committee on the Budget only agreed to it. We passed a law, and the the gentleman from Pennsylvania. approved $95 million for Legal Serv- Legal Services Corporation, funded by Mr. FOX of Pennsylvania. Mr. Chair- ices, and the CJS committee is putting this Government and the taxpayers of man, I would say to the gentleman up a 50-percent increase over that, and this country, is defending that sex of- from Indiana, Congressman BURTON, now it would be a 250 percent increase fender and protecting his right not to that I understand his arguments and if we adopt this amendment. be known in a new neighborhood by the the situation he is talking about, but I Mr. Chairman, I yield 6 minutes to parents who have kids that might be would ask him if he is aware there are the gentleman from Indiana [Mr. BUR- molested by him. new restrictions now on these Legal TON]. Services Corporations not to be in- (Mr. BURTON of Indiana asked and Does that sound right? I do not think we want our taxpayer dollars spent for volved in suits dealing with welfare re- was given permission to revise and ex- form litigation and with the prison tend his remarks.) that. Welfare reform. President Clinton lawsuits? There are not involved in Mr. BURTON of Indiana. Mr. Chair- that any more. man, my colleague from Texas just supports Wisconsin’s welfare reform plan. On May 18 President Clinton an- Mr. BURTON of Indiana. Mr. Chair- talked about the changes that were man, reclaiming my time, I do not made in the Legal Services Corpora- nounced his strong support for Wiscon- sin’s bold welfare reform plan. know whether the gentleman heard the tion and how Legal Services was going first part of my argument, but the to be restricted for its original in- The LSC is fighting the welfare re- form plan in Wisconsin. Legal Action Legal Services Corporations around the tended purpose. Let me read to my col- country are forming shell corporations leagues what a Legal Services grantee of Wisconsin, and LSC grantee, has filed numerous suits to frustrate and to get around that provision so they in California said about the new re- can use Federal dollars for one thing strictions. He said, ‘‘If Congress can block welfare reform in Wisconsin, even though this Congress and the and the private dollars for another. screw people with technicalities, we I gave two examples: The Philadel- can unscrew them with technicalities. President of the United States say that support it. phia Legal Aid Center and the Legal That is why we are lawyers and not so- Aid Society of Santa Clara. I will quote cial workers. Two can play this game.’’ Why are taxpayers’ dollars being used to fight the very things we think once again what a Legal Services Now, Congress prohibited Legal Serv- grantee in California said. He said, and ices Corporation from doing certain are important? Then we take people who live in pub- I quote, ‘‘If Congress can screw people things. Legal Services grantees are get- with technicalities, we can unscrew ting around these restrictions by form- lic housing projects. One of the prob- them with technicalities. That is why ing new shell organizations to accept lems we have in major urban areas we are lawyers and not social workers. Federal grants so that the original around this country is that drug deal- Two can play this game.’’ groups can continue to pursue their ers are taking over in public housing projects, and they are taking kids and They are getting around what we liberal agenda with private funds. tried to do by putting constraints on For example, the Philadelphia Legal they are making them become them in this Congress of the United Assistance Center and the Legal Aid deliverers of narcotics. If the kids do not join the gangs, they shoot them, States. Society of Santa Clara, in many cases Mr. FOX of Pennsylvania. Mr. Chair- they beat them up or they scare them the two organizations have the same man, if the gentleman would continue to death. Mothers are afraid to let board of directors, many of the same to yield, I think the facts show other- their kids go outside in public housing lawyers, and they share office space. wise. They are two separate organizations in projects. name only. They are just getting Now, the Legal Services Corporation b 1615 around the restrictions so they can do is defending the right of the drug deal- Mr. BURTON of Indiana. Mr. Chair- whatever they damn well please. ers to stay in the public housing man, I do not think the facts do show Let me just ask my colleagues a projects. They are trying to frustrate otherwise. question. If there is a child and we are the local government officials in trying Mr. FOX of Pennsylvania. Mr. Chair- concerned about that child being mo- to get those people out of there so that man, the gentleman is trying to make lested by a sex offender, we would like people who live in those public housing emotional arguments about the facts to know if that sex offender moved into projects will be able to protect their and problems of the inner cities. the neighborhood because we do not kids and protect themselves. Mr. BURTON of Indiana. Mr. Chair- want a 2, 3, 4, or 5-year-old child run- Some of those people have been in man, these are not emotional argu- ning around with a known sex offender their living rooms and dining rooms ments. moving into the neighborhood. when bullets have come through the Mr. FOX of Pennsylvania. Mr. Chair- Well, President Clinton supports windows and they have to get down on man, I yield 3 minutes to the gen- what is called Megan’s Law. On May 17, the floor to protect themselves, yet the tleman from Minnesota [Mr. RAMSTAD]. H8180 CONGRESSIONAL RECORD — HOUSE July 23, 1996 (Mr. RAMSTAD asked and was given etched on the Supreme Court building, Mr. Chairman, I rise in support of the Mollo- permission to revise and extend his re- ‘‘Equal justice under law.’’ Support han-Fox amendment. This amendment is a marks.) basic fairness and equality under the significant improvement from the base bill. Mr. RAMSTAD. Mr. Chairman, I law. Support the Mollohan-Fox amend- Since 1974, the Legal Services Corporation thank the gentleman for yielding me ment to restore legal services funding. has provided poor families access to our jus- the time. Let us do the right thing. tice system, thus putting into practice the prin- I rise today in strong support of the Mr. TAYLOR of North Carolina. Mr. ciple of equal justice for all. The proposed fis- Mollohan-Fox amendment to restore Chairman, I yield 2 minutes to the gen- cal year 1997 funding level represents a 49- critical funding for the Legal Services tleman from California [Mr. HUNTER]. percent reduction from the current appropria- Corporation. I think it is important, Mr. HUNTER. Mr. Chairman, I have tion. Mr. Chairman, that we put this in per- friends on both sides of this argument. This is an unacceptable funding level, par- spective. I understand there are merits on both ticularly given the fact that last year's 30 per- The bill before us today contains a sides of the argument. But let me give cent funding reduction forced the Kansas City 50-percent cut for legal services. This you my humble opinion as a guy who Legal Aid to eliminate 10 percent of the staff. 50-percent cut follows on last year’s used to practice law in the barrio in These reductions leave 80 workers to tackle cut in funding of 33 percent. These San Diego about 5 blocks south of Chi- approximately 22,000 cases a year. In addi- cuts, Mr. Chairman, are extreme and cano Park in half of a barber shop. tion, legal aid attorneys are forced to turn they are unconscionable because they There is merit to the argument that away applicants desperately seeking assist- mean that our poorest and most vul- Legal Services did go far past the ance. Further dramatic reductions in funding nerable citizens will be unable to have bounds that we set for them when we would make it even more difficult for many legal representation in civil matters. first initiated this program. We know communities, like Kansas City, to keep their In Minnesota alone, Mr. Chairman, that we had legal services to get Aunt legal aid offices open. these cuts meant that 25,000 eligible Flossie’s car out of hock, to do domes- I am dedicated to balancing the budget, but people who needed legal help have al- tic law, allow people to have access to we must do so in a responsible manner. ready been turned away. Because of court for personal injury when they did Slashing legal services for poor families is not last year’s cut, Legal Services in Min- not have the up front money that was responsible. I urge my colleagues to support nesota will close 4,000 fewer cases. necessary if they went to a paid law- the Mollohan-Fox bipartisan amendment. Some claim that the private bar can yer. But what some legal services de- Mr. MOLLOHAN. Mr. Chairman, I step in and make the difference. volved into was a legal services oper- yield 2 minutes to the distinguished Well, Mr. Chairman, in Minnesota, ation that went for the sexier lawsuits. gentleman from Colorado [Mr. over 3,000 attorneys last year donated They liked the class action suits. They SKAGGS], a member of the subcommit- over 30,000 hours of legal services. The like innovating, and they liked law- tee. Minnesota lawyers and firms contrib- suits that drew headlines. And they Mr. SKAGGS. Mr. Chairman, this uted over $500 thousand, but they can- liked to move away from what I call amendment would restore just a por- not meet these critical legal needs the ham and eggs things. tion of what is needed for the basic alone any more than doctors can meet I think we have to strike a balance. functions of the Legal Services Cor- the critical medical needs of indigent I think the money that we have in the poration, and it ought to command the people across this country. bill right now is a balance. It does bal- support of every Member of this body. Many government entities are not ance the need to have legal services for known for efficiency. We all know that, The Constitution holds out the prom- people who cannot afford them, but it ise of equal justice under law to every and charges have been made today by also leaves a little need there so the American. But that promise is made opponents of this amendment. Let me local bars will step forward and pick up real only as our citizens have effective tell you the facts. Mr. Chairman, 97 the slack. cents of every LSC dollar goes directly One thing that I say as a lawyer who access to the courts to enforce their to the delivery of legal assistance, and never got any Government money was rights. For the poor these rights often Federal oversight accountability of the fact that when you do have these exist only in theory because they can- these dollars is ensured. Government programs, you do have a not afford the lawyers to get into I take a back seat to nobody in this lessening of the private bar’s interest court. Legal Services provides that body in terms of cutting wasteful in protecting the poor and in doing pro legal representation. spending. Last year it was announced, bono suits. You do have a reduction in Access to the legal system is more or this year rather, that I have the best that area. So we have to maintain a than a matter of equal justice. It is rating from Citizens Against Govern- balance. also a key ingredient in maintaining a ment Waste for cutting wasteful spend- I think the money that we have in civil society based on the rule of law. If ing. the bill does maintain a balance, and people are expected to respect the rule Mr. Chairman, we are not talking the reason that we have gotten away of law, they must have some expecta- about cutting wasteful spending here. from class action suits and gotten tion of its protections, as well as of its We are talking about honoring those away from these abuses is because this discipline. Legal Services plays an es- words on the front of the Supreme Congress has monetarily and in a pol- sential role in that. Court across the way, ‘‘Equal justice icy sense constrained Legal Services. Mr. Chairman, Legal Services work is under law.’’ We have constrained them from doing accomplished by staff lawyers who There has been overheated rhetoric the class action suits. work for low pay, supported last year from those who want to kill legal serv- I am sorry to see that, if it is true by 150,000 volunteer lawyers providing ices for the poor. I would just remind that some shell corporations are being pro bono services. I used to be one of my colleagues that the restrictions are formed to allow them to continue to those volunteers. I can tell you, the in place from last year. Some of these pursue a social policy, I am sorry to staff lawyers can not possibly do any- anecdotal references refer to horror see that because they are supposed to thing more than provide the basic rep- stories in the past. There have been be doing ham and eggs work for poor resentation that they are charged with abuses; we all know that. But the fol- people. I like the balance. Let us stick under the law as it now stands. There lowing restrictions are in place: No with what we have got. is simply no rational basis to assert class action suits by LSC, no lobbying, Mr. MOLLOHAN. Mr. Chairman, I that additional pro bono work by the no legal assistance to illegal aliens, no yield such time as she may consume to private bar can make up the difference political activities, no prisoner litiga- the gentlewoman from Missouri [Ms. for Legal Services. That makes as tion, no redistricting representation, MCCARTHY]. much sense as suggesting we are going no representation of people evicted (Ms. MCCARTHY asked and was to get volunteer doctors to make up for from public housing due to drugs. That given permission to revise and extend eliminating Medicaid. It will not hap- is all in the past. Those restrictions are her remarks.) pen. on LSC as a result of last year’s bill. Ms. MCCARTHY. Mr. Chairman, I Cuts in legal services funding in this Mr. Chairman, I plead with Members rise in support of the Mollohan-Fox bill will hurt those who can least afford of this body, do not gut the words amendment. it and betray America’s promise of July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8181 equal justice. Support the Mollohan- I strongly urge a ``yes'' vote. county courthouse. Similar programs Fox amendment. It is fundamental to Mr. TAYLOR of North Carolina. Mr. are being set up in 14 other cities. In American justice. Chairman, I yield 5 minutes to the gen- New York State every county has set This amendment to restore but a portion of tleman from California [Mr. DOO- up a community dispute resolution the basic funding for the Legal Services Cor- LITTLE]. center to handle legal disputes through poration [LSC] should command the support of Mr. DOOLITTLE. Mr. Chairman, I mediation and arbitration. Each center every Member. rise to oppose this amendment. We had receives half of its budget from the While I certainly support this amendment, I an agreement worked out. Many of us State and half from local governments must say that it is only a start. It will bring LSC thought this should have been zeroed and private groups. funding to a level 10 percent below last year's out immediately rather than phased In 1994, the center handled 25,000 level, which itself took a 30 percent cut from out, as was the agreement that was cases at a cost of $68 per case. The 1995. We need to do more, much more than worked out. Now we have an amend- United Charities Legal Aid Bureau of is provided for in this amendment, to bring ment before us that will approximately Chicago handled 25,000 inquiries last LSC funding back to a level where the Na- double the funding provided. year with a staff of only nine attorneys tion's poor can have reasonable access to the The fact of the matter is, we have got and a budget of less than $2 million. Its civil justice system. a budget to balance. It seems like in cost per case ratio was $80 compared to As my colleagues know, LSC provides legal this body there is no program that can $250 for the 79 staff Legal Assistance representation to our poorest citizens. When be eliminated. Every single thing has Foundation of Chicago, which receives LSC was established under President Richard its adherents. I would submit if we over 60 percent of its $10 million budget Nixon's leadership in 1974, it was intended to ranked the things this Federal Govern- from the Legal Services Corporation. become a permanent, vital part of the Amer- ment funds, Legal Services would be at Mr. Chairman, this is an amendment ican justice system. or near the bottom just on the merits we ought to reject. We ought to main- The Constitution holds out the promise of of the relative order of importance. tain the agreement entered into. We equal justice under law. That promise is made Yet here we go again, there is always ought to phase down this funding as real as American citizens have effective ac- some group of individuals within this proposed in the bill, and we ought to cess to the courts to enforce their rights. For body that feels they have got to try let Americans have a smaller and bet- the poor, these rights often exist only in theory and maintain another one of these pro- ter and more efficient Federal Govern- because they can't afford the lawyers nec- grams. This is what is sinking Amer- ment. essary to get their day in court. LSC provides ica, Mr. Chairman: All these programs Mr. BERMAN. Mr. Chairman, will that legal representation. If we are going to designed to help somebody and, in fact, the gentleman yield? ensure that the quality of American justice isn't they are crushing everybody by de- Mr. DOOLITTLE. I yield to the gen- primarily a function of wealth, the work of LSC stroying our economic growth. tleman from California. must continue. We talk about helping those who Mr. BERMAN. Mr. Chairman, I was Access to the legal system is more than a need legal services. Where in the Con- wondering if the gentleman could tell matter of equal justice. It is an important factor stitution in the powers given under ar- me, other than the hortatory language in maintaining civil society based on the rule ticle I to the Congress is that one of in a budget resolution, which does not of law. If people are expected to respect the our responsibilities? appropriate funds and which is not au- rule of law, they must have some expectation We are a Nation made up of sovereign thorizing legislation, what agreement of its protection, as well as of its discipline. States. If these things are important, is the gentleman talking about that we Last year, LSC closed 1.7 million cases. let the States handle them. That, in reached regarding the eventual elimi- About one-third or 558,000 of those involved fact, is what was the practice until nation of the Legal Services Corpora- family law, including representation of almost whenever Legal Services came into tion? 60,000 individuals seeking protection from bat- being, I think some time in the 1970’s. Mr. DOOLITTLE. This was an agree- tering by their spouses. LSC helped over I do not know if the Members are ment amongst the Republicans with 200,000 older Americans with legal problems aware but there are over 900 organiza- the Republican leadership. involving their health and income. It helped tions that provide pro bono services, Mr. BERMAN. The appropriations thousands of low-income military veterans and lawyers that donate their time, that do process each year funds that Legal family farmers, representing them before not get Legal Services Corporation Services Corporation, am I not correct? banks and government bureaucracies that funding. Why do we have to have the Mr. DOOLITTLE. Mr. Chairman, the would otherwise have overwhelmed them. Federal Government involved in every- gentleman is correct. And I would ob- Cases concerning families, housing, income, thing? serve that we have been on track. In and consumer protection alone account for The answer is simple. The reason a fact, the figure in this bill reflects the over 80 percent of LSC's work. This bill would lot of Members want to keep this is be- agreement. Now it is being changed. cut LSC by almost half. It is not hard to figure cause it is an advocacy group for lib- Mr. BERMAN. Mr. Chairman, if the who will pay the priceÐwomen, children, and eral causes, as we have heard the gen- gentleman will continue to yield, is it low-income older Americans, farmers, and vet- tleman from North Carolina [Mr. TAY- the same agreement among Repub- erans. LOR] and the gentleman from Indiana licans that was going to eliminate the Mr. Chairman, LSC's work is accomplished [Mr. BURTON] allude to. Department of Commerce, eliminate by staff lawyers who are willing to work for low The fact of the matter is, we cannot cops on the beat, eliminate the ad- pay, supported last year by almost 150,000 afford it. We do not need it. It should vanced technology program. Is that the private attorneys who participated by providing be terminated. Certainly this amend- agreement we are talking about? pro bono representation as volunteers. As a ment should be rejected. Mr. DOOLITTLE. Different agree- former volunteer attorney myself, I can tell Let me share a couple of examples ment but the same philosophy, the phi- you, the lawyers I worked with were too busy here, in terms of the ample resources losophy that returns power to the peo- trying to meet the basic legal needs of their that are available to the poor in the ple and cuts their taxes, not bigger and clients to engage in some of the activities that event they need legal help: more expensive government. detractors claim. And there's simply no ration- Chicago Volunteer Legal Services Mr. FOX of Pennsylvania. Mr. Chair- al basis to assert that additional pro bono provides legal aid to the poor without man, I yield 3 minutes to the gen- work by the private bar can replace Legal LSC funding by using seven staff attor- tleman from New Mexico [Mr. SCHIFF]. Services lawyers. That makes as much sense neys and 1,500 pro bono lawyers. The b as expecting volunteer work by doctors to Indianapolis Legal Aid Society last 1630 make up for ending Medicaid. year received all of its $458,000 budget Mr. SCHIFF. Mr. Chairman, I thank Mr. Chairman, the cuts in LSC funding in from private sources, primarily the the gentleman for yielding this time to this bill will hurt those who can least defend United Way. me. themselves and betray our Nation's promise of In Tampa, FL, the Courthouse As- I rise in support of this amendment. equal protection under law for all Americans. sistance Project, which receives no I believe that the Federal Government This amendment is the right thing to do; it is Government support, assists 300 low in- has a role in insuring access to the the least we can do. come individuals a month right in the courts in our system. In the first place, H8182 CONGRESSIONAL RECORD — HOUSE July 23, 1996 litigation can occur over Federal I did take the time to meet with lock the doors of the civil courtrooms to a rights. The Federal Government has some of the Legal Services Corporation class of people. provided, through many types of legis- representatives in my congressional Anyone who wishes to destroy any organi- lation, rights for individuals. Those district to discuss this issue last year zation can hold it up to the microscope and rights sometimes can only be vindi- after we debated it at some length. I exploit imperfections. However, no amount of cated in court. Therefore, there is spe- did hear about some of the good things partisan attacks and criticism can mask the cifically a Federal role in ensuring they do representing people who are fact that millions of people who would normally that people, poor people, indigent peo- being unfairly evicted from their hous- be without courtroom access have received ple have an ability to go into Federal ing, helping out the poor. But I did get legal representation in gaining benefits which court and exercise their rights. them to acknowledge that there are they were denied, overturning illegal evictions, Second of all on the same lines, the Legal Services Corporation lawyers in and separating from abusive spouses. Can we Federal Government has a role in in- some localities, unfortunately it was in good conscience allow the poorest and suring that we have a democratic sys- not in mine, that engage in what I most defenseless of our communities to be left tem, and a democratic system means would call public advocacy to basically without any protection against civil injustice? that we resolve our disputes in court thwart the will of the people. And we Emblazoned on the front of the Supreme and not on the streets. have heard examples from the gen- Court are the words ``Equal Justice Under I have heard three arguments basi- tleman from Indiana [Mr. BURTON] and Law.'' Nowhere does it say that Americans cally against this amendment. The some of my other colleagues of some of can only seek redress of grievances if they first is that there is an agreement the horrendous cases where the people have the personal resources to do it by them- among Republicans to the funding lev- of the United States want welfare re- selves. Let's not say that today. els as proposed. form, and Legal Services Corporation Mr. Mollohan. Mr. Chairman, I yield I am a Republican. I never reached lawyers are fighting welfare reform in 1 minute to the distinguished gen- any agreement with anybody. If other some localities. tleman from California [Mr. DIXON], a Republicans did make such an agree- We heard about Megan’s law that very effective member of the sub- ment, and they have to honor their gives parents the ability to be notified committee. agreement, then they should vote when sex offenders are moving into Mr. DIXON. Mr. Chairman, I thank against this amendment. But I do not their neighborhood. We hear about the gentleman for yielding this time to think all of us Republicans were ever Legal Services Corporation attorneys me. asked to reach this agreement. I know advocating against this legislation. I I rise, too, in strong support of the I certainly was not. Mollohan-Fox amendment. I do not Second of all, the issue is just made have in front of me a whole list after list of examples of where Legal Serv- know where the concept arises that, if we have to balance our budget. I agree we are to have equal justice under the we have to balance the budget. I agree ices Corporation attorneys are engag- law and access to the courts for people that the Federal Government should ing in left-wing liberal advocacy and in who cannot afford otherwise to hire an not have the sole responsibility for many cases going exactly against the attorney, that we must agree on the legal services. But Legal Services has will of the people. legal theory on which they bring their already been reduced in budget. About I guess a great example here is we lawsuit. That to me seems to be con- 2 years ago the budget was, I believe, voted 432 to 0 requiring that criminals trary to the theory of equal justice well over $400 million. The amendment give restitution to victims if they have under the law. before us today asks for funding for the ability to do so, and, lo and behold, The Legal Services Corporation has next fiscal year of $250 million. I think what happens immediately. done so many things in a way that is that that is a recognition that all pro- Now what we are doing, I say to my reflective of the innovative ideas of the grams have to make their contribution colleagues, in this body, the people in new majority. They have local control, toward reaching a balanced budget, my district, the majority of the people they have volunteerism, they have pub- and, further, this amendment is funded in my district, have trouble making lic private partnerships, they have de- by making other adjustments in the ends meet. At the end of the month, bill before us so it does not cost any when they have paid the rent and they centralization with low administrative additional funds. have paid the bill, they do not have cost, and they have limited budgets. It Finally, I want to address the fact much money left. They do not like the seems to me that after the cuts of last that it has been brought to our atten- amount of money that is coming out of year and after the restrictions that we tion that a number of unpopular indi- their paycheck with taxes. What we are have placed on the Legal Services Cor- viduals have brought unpopular law- doing is taking taxpayer dollars and poration by some members who felt suits through the Legal Aid Society. applying it to this sort of thing, and I that some of their activities were ob- Well, I can top those examples. We use think it is wrong. jectionable, the least we can do for the taxpayers’ money to defend people ac- Oppose this amendment. poorest of our society is to give them cused of murder. We use taxpayers’ Mr. MOLLOHAN. Mr. Chairman, I an opportunity to have access. money to defend people accused of yield such time as he may consume to I support and urge my colleagues to armed robbery and all the horrendous the gentleman from New York [Mr. vote for the Mollohan-Fox amendment. crimes we can think of through the FLAKE]. Mr. TAYLOR of North Carolina. Mr. Federal Public Defender Program. And (Mr. FLAKE asked and was given Chairman, I yield 2 minutes to the dis- we do so for the exact same philosophy, permission to revise and extend his re- tinguished gentleman from California that people have a right to present marks.) [Mr. MOORHEAD], chairman of the Sub- their case in court. And lawyers only Mr. FLAKE. Mr. Chairman, we need to focus committee on Courts and Intellectual represent clients, they did not raise this debate on the people who are involved. Property. them, and they do not go home and live They include Zelma Brooks, A 65-year-old Mr. MOORHEAD. Mr. Chairman, I am with them usually. grandmother who was only able to overturn an not going to talk today about the bene- The fact of the matter is the lawyer unfair eviction after 6 months of diligent work fits or lack of them in the Legal Serv- is providing a mechanism where even by LSC. If this happened today Legal Services ices Corporation. I support legal serv- the most unpopular individual can Corporation would only be able to listen and ice agencies and was a leader for 16 present their case in court and have a offer advice. years, so I believe that we have to help judge and jury render a decision. It As much as critics try to make this about the poor. But I am going to talk about seems to be that is what American jus- the liberal activists who support LSC, this is where the money is coming from. tice is all about. about Zelma Brooks and all of the people like The Committee on Appropriations of Mr. TAYLOR of Mississippi. Mr. her. This Congress has placed handcuffs on the House of Representatives in report- Chairman, I yield 2 minutes to the gen- an organization that has been doing great ing H.R. 3814, the Departments of Com- tleman from Florida [Mr. WELDON]. work under already strained finances. Argu- merce, Justice, State, and Judiciary Mr. WELDON of Florida. Mr. Chair- ments about deficiencies in LSC are nothing and Related Agencies Appropriations man, I thank the gentleman for yield- more than rhetoric and exaggerations being Act of 1997, proposed to take $15 mil- ing this time to me. used to mask the fact that we are trying to lion from the fees which will be paid by July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8183 patent applicants in 1997 to fund other The question is resources and many I urge my colleagues on both sides of the activities. This $15 million comes di- of the details. Right now the question aisle to vote in favor of this amendment. The rectly from the pockets of America’s really is whether we are going to pro- funding we will provide today ensures that our innovators and will directly reduce the vide resources given the cuts that we poorest citizens will have equal justice under services that they will receive from the have made in the last year, and I think law. Patent and Trademark Office. This is that we need to provide flat funding for Mr. MOLLOHAN. Mr. Chairman, I an unconscionable tax on innovation, a this important program. yield 30 seconds to the gentleman from tax on American inventors for seeking Mr. TAYLOR of North Carolina. Mr. Texas [Mr. EDWARDS]. to share with the American public the Chairman, I yield 1 minute to the gen- Mr. EDWARDS. Mr. Chairman, each results of their creativity. tleman from Pennsylvania [Mr. morning Members of this House with This amendment offered by the gen- GEKAS]. hand over heart turn to this flag and tleman from West Virginia [Mr. MOL- Mr. GEKAS. Mr. Chairman, I thank give a pledge: One nation under God, LOHAN] proposes to take another $34 the gentleman for yielding this time to indivisible, with liberty and justice for million from America’s patent appli- me. all. cants to fund the Legal Services Cor- When the task came to me to try to In a few moments with our votes we poration. If my colleagues believe in fashion an authorization bill on this will decide whether justice for all is the Legal Services Corporation, take it very vital subject, I announced for the simply words to be recited, an ideal from the taxpayers and not one specific whole world to hear that I am in favor worth defending. I believe in the group of people who pay entirely for of legal services for the poor, in favor Pledge of Allegiance, I believe it is the support of their own agency. This of the delivery system that works and worth reciting, and I believe it is worth tax on innovation, this theft from in favor of a system that makes sure defending. American inventors, must be rejected. that the needs are met of the poor, not Vote ‘‘yes’’ on this amendment. While the Nation’s inventive commu- the abstract needs that the Legal Serv- nity may disagree on some aspects of ices Corporation itself had delved into b 1645 patent legislation, there is no disagree- over the years. And so we devised a ment that this victimization of our in- block grant. Mr. FOX of Pennsylvania. Mr. Chair- 1 ventors must stop. We should not force If indeed this amendment that we are man, I yield 1 ⁄2 minutes to the distin- our inventors to pay more for a pro- considering right now was one in which guished gentleman from Connecticut gram out of their user fees than we we take $250 million and turn it over to [Mr. SHAYS]. refuse to fund with taxpayer dollars. the States in a block grant system that Mr. SHAYS. Mr. Chairman, I thank I urge my colleagues to vote against we had devised in my committee, I the gentleman for yielding time to me. this amendment. would vote for it. But what we are I support the Fox-Mollohan amend- Mr. FOX of Pennsylvania. Mr. Chair- doing here is perpetuating the Legal ment, this bipartisan amendment. man, I yield a minute and a half to the Services Corporation, which in my I voted for the Commerce-Justice- distinguished gentleman from Maine judgment is the cause, the root cause, State bill last year, reducing support [Mr. LONGLEY]. of all the anecdotes of abuse that we for the Legal Services Corporation (Mr. LONGLEY asked and was given have heard on this floor here today. I from $400 million to $278 million. I permission to revise and extend his re- might say that the anecdotes which are never in my wildest imagination marks.) derived as being mere anecdotes are thought I would be voting to reduce it Mr. LONGLEY. Mr. Chairman, the volumes now. Fifty witnesses had 50 even further, yet even with this amend- debate this afternoon is not necessarily anecdotes in 2 days of hearings in my ment we are seeking to restore funds to about the Legal Services Corporation. committee. $250 million. I hope and pray that this It is about the Federal obligation to Mr. MOLLOHAN. Mr. Chairman, I Congress seeks to do that. provide legal assistance to those who yield such time as he may consume to Mr. Chairman, I believe American need it. And, yes, that is a Federal re- the gentleman from Maryland [Mr. citizens should have access to the sponsibility. CUMMINGS]. courts, no matter how much money I have no love necessarily for the cor- (Mr. CUMMINGS asked and was they make. I think a mother should be poration per se. I think we have made given permission to revise and extend able to seek child support in the progress in the last year in terms of re- his remarks.) courts, if necessary, regardless of in- forming it to get it out of the advocacy Mr. CUMMINGS. Mr. Chairman, I rise today come. I think a tenant should be able business and into the business of effec- in strong support of this bipartisan amendment to sue for decent housing, regardless of tively representing the men and women offered by my colleagues to increase funding income. I know that we got rid of what of this country who cannot afford legal for the Legal Services Corporation. all of us wanted to get rid of, or most services who need help. I do not think Prior to my election to Congress, I practiced of us, the class-action suits funded by it is fair to say that the private sector law for almost 20 years. It is through my expe- the taxpayers against their own gov- can pick up this burden. Lawyers in riences with the American legal system that I ernments. I can understand that issue, Maine are currently devoting tens of feel confident and qualified to comment on this but we dealt with that issue last year. thousands of hours on a pro bono basis, amendment. What I cannot understand is why we but they cannot shoulder that burden As a lawyer, I represented all types of peo- blame Legal Services for seeking to en- by themselves. ple in all kinds of situations. force the laws we pass and the Con- I think it is a question of how we pro- And there is one hard fact that I have wit- stitution of the United States we would vide the resources. To the extent I have nessed and learned throughout my years of die defending. If we do not like the end any disappointment about this debate practiceÐour system of justice belongs to the result of the court decisions, then this afternoon, it is that it obscures wealthy and privileged. Rare is the day when maybe we have to look at the laws we the central question. We cannot afford indigents or poor citizens receive equitable pass. to stay in a situation where we are ei- treatment in their representation. What Legal Services attempts to do ther supporting legal services or elimi- I believe that ours is the best judicial proc- is make sure that all citizens, the poor- nating it. To me the question is how do ess in the world. But everyday across this est, in fact, have the same right to de- we provide the resources. I question country, citizens with meager resources have fend themselves in court. I hope and whether the Legal Services Corpora- little or no voice in the process. pray, I truly pray, that we have the tion is the most effective way of doing Last year's bill quieted the voices of the good sense to pass this amendment. it, but in the absence of any alter- needy, this year's bill silences those voices. Mr. MOLLOHAN. Mr. Chairman, I native such as block grants or other As a result of the fiscal year 1996 cut, Mary- yield such time as he may consume to methods that would provide greater land's Legal Aid Bureau lost $1.4 million this the gentleman from California [Mr. local control and State control to the year. If the House adopts the fiscal year 1997 BECERRA]. provision of legal service on a more ef- levels, Maryland will lose $1.5 million more, (Mr. BECERRA asked and was given fective basis, then I must side with the which leaves thousands of Maryland residents permission to revise and extend his re- sponsors of this amendment. without adequate legal representation. marks.) H8184 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Mr. BECERRA. Mr. Chairman, I rise many of your districts go for help when legiance to the flag, which ends ‘‘with in support of the Mollohan-Fox amend- her husband is abusing her? Where will liberty and justice for all.’’ Every ment and in opposition to the bill’s a poor family go when they are ille- American should have access to our ju- dramatic cuts to Legal Services. gally tossed out of their home? Where dicial system, and none can have jus- Mr. MOLLOHAN. Mr. Chairman, I will the disabled people go when their tice without that access. For millions yield 1 minute to the gentleman from Social Security or SSI benefits are im- of low-income Americans, the only California [Mr. BERMAN]. properly denied? chance for access to justice is through Mr. BERMAN. Mr. Chairman, first, I The answer is nowhere. You are cut- the Legal Services Corporation. Many think it is fair to say this fight is not ting one more strand out from under Americans already assume and believe about money. It is about implementing the safety net for the people of this Na- that only the rich benefit from our an effort by some Members of the other tion. This is not the time to cut legal legal system. party to eliminate the Legal Services aid for the most vulnerable people in Mr. Chairman, this cut makes that program. America. assumption and that belief a reality. I My friend, the gentleman from Penn- I urge my colleagues to support the urge a ‘‘yes’’ vote on the amendment. sylvania [Mr. GEKAS] says ‘‘If there amendment and restore funding to this Mr. FOX of Pennsylvania. Mr. Chair- were $250 million in a block grant, I very important program. man, I yield 30 seconds to the distin- would support it.’’ We have been wait- Mr. MOLLOHAN. Mr. Chairman, I guished gentleman from Delaware [Mr. ing for a year and 3 months for the au- yield such time as he may consume to CASTLE]. thorization bill which turned this pro- the gentleman from South Carolina Mr. CASTLE. Mr. Chairman, I thank gram into a block grant program to [Mr. SPRATT]. the gentleman for yielding time to me. come to the floor. It is not us, it is not (Mr. SPRATT asked and was given I rise in support of the Mollohan-Fox the supporters of this amendment who permission to revise and extend his re- amendment. The numbers are pretty have fought that. It is the leadership marks.) simple. In fiscal year 1995 there was who has kept that from coming to the Mr. SPRATT. Mr. Chairman, I rise in sup- $400 for the Legal Services Corporation. floor. port of the Mollohan amendment to restore In fiscal year 1996 we properly, I think, We talk about class warfare. Let me funding for the Legal Services Corporation. cut it to $278 million, and we added re- suggest, I understand why some apart- I helped found the Piedmont Legal Services strictions on what they could do. If the ment owners, some growers, some gov- office in my home County of York in South bill passes as it is today, it would be ernment officials do not want Legal Carolina. I did so because I discovered early $141 million, a 65-percent reduction Services programs, because they do not in my private practice that pro bono work from fiscal year 1995. With the amend- want to afford the rights that the law wasn't enough to meet the needs of the poor. ment, it is still a reduction to $250 mil- gives. The right move is not to elimi- I tried to do a lot of this work myself, but I lion or a 371⁄2-percent reduction from nate the poor’s access to lawyers. The quickly reached my limit. Legal services are fiscal year 1995. right way to do it is to change the laws necessary for any but the smallest fraction of We should support this amendment. that we do not like that accords sub- poor people to have access to legal help. We do need Legal Services for the poor. stantive rights to people. Surely once The cut to legal services proposed in the bill They simply cannot afford it other- those rights are accorded, we would before us is designed to destroy LSC. Last wise. I urge everyone to support the agree that everyone should have access year, Congress cut the program by over 30 amendment. to them. percent and this bill calls for another 50 per- Mr. TAYLOR of North Carolina. Mr. Mr. FOX of Pennsylvania. Mr. Chair- cent cut this year. These cuts clearly are on Chairman, I yield 11⁄2 minutes to the man, I yield 30 seconds to the distin- a path to zero, and no one should kid them- gentleman from California [Mr. DOR- guished gentleman from Florida [Mr. selves that today's vote is about anything NAN]. HASTINGS]. other than survival of the program. With the (Mr. DORNAN asked and was given Mr. HASTINGS of Florida. I thank meager funding allowed in this bill, only about permission to revise and extend his re- the gentleman for yielding time to me. 10 percent of the eligible poor in South Caro- marks.) Mr. Chairman, I rise today in support lina will be able to obtain legal services. Mr. DORNAN. Mr. Chairman, I thank of the Mollohan-Fox amendment, and The bar in South Carolina has a successful the gentleman for yielding time to me. to express my dismay with the fax that pro bono program which last year drew over Mr. Chairman, I would agree with my I received from the Christian Coalition 3,000 volunteers who closed almost 1,000 distinguished colleague and friend, the urging that I oppose this amendment. cases. But the 44 Legal Services attorneys in gentleman from California, it is not Mr. Chairman, I am a Christian and I South Carolina closed over 16,000 cases. And about money. I also do not think it is support this amendment, because fol- LSC funding of other programs helped close about that beautiful last line in the lowing the Christian teachings that I another 2,000 cases for a total of 18,000. Un- Pledge of Allegiance, liberty and jus- was taught, I believe that helping the doubtedly a lot of pro bono work goes unre- tice for all. poor is a Christian thing to do. Helping ported, but it is clear that the private bar can- There are some of us that can make the poor access the same legal system not make up for LSC. a compelling case that not only has to which people with money can access If we lose this fight today, and let Legal Legal Services been arrogant and cor- at will is, I believe, a very Christian Services be reduced to irrelevance, the need rupt and done things to exacerbate ille- thing to do. will not go away. Within several years, I am gal immigration and has actually hurt I am dismayed that the Christian Co- convinced we will see our mistake, but it will the poor by not letting people evict alition intimates that they speak for take another generation to re-establish 343 drug dealers from public housing, but Christians. Clearly they do not speak local legal aid programs; to restaff their of- past administrations have attempted for the poor or the charitable, for if fices; to rebuild the resource centers; and to without success to place any restric- they did, they would not urge us to kill do something right for poor people and our tions on LSC. this amendment. legal system that we should never have quit Their current President, Alexander Mr. MOLLOHAN. Mr. Chairman, I am doing in the first place. Forger, has been particularly arrogant pleased to yield 1 minute to the distin- Mr. MOLLOHAN. Mr. Chairman, I am about his intention to resist any future guished gentleman from Pennsylvania pleased to yield 1 minute to the distin- congressional limitations. At a board [Mr. FOGLIETTA]. guished gentleman from Massachusetts meeting on April 11, 1995, he says this Mr. FOGLIETTA. Mr. Chairman, I [Mr. OLVER]. proudly; he said, ‘‘There is a legal case, rise in support of the Mollohan-Fox (Mr. OLVER asked and was given if we choose to assert it, that the com- amendment. I know that Legal Serv- permission to revise and extend his re- mittee,’’ in this case a House and Sen- ices work. My office and I work with marks.) ate committee, ‘‘does not have any au- people every day in helping poor peo- Mr. OLVER. Mr. Chairman, I thank thority to make the decision over what ple, especially women and children. the gentleman for yielding time to me. cases we take.’’ I ask my colleagues, if you cut Legal Mr. Chairman, I rise in support of the Mr. Chairman, under the pretense of pro- Services funding again, where will a Mollohan-Fox amendment. Mr. Chair- viding the impoverished with access to the poor woman in my district and in man, every day we do indeed pledge al- legal system, the Legal Services Corporation July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8185 has cost American taxpayers untold billions of thousands of lawyers who prefer to do pro them, they would be smart to live up dollars in politically motivated litigation costsÐ bono work on an individual basis. The ABA to them. some say nearly $2 trillion! Many of these law- should recognize and encourage more of this Mr. MOLLOHAN. They have. suits are legal sleights of hand designed to type of charity work. Mr. DORNAN. Mr. Chairman, I think undermine existing laws that limit welfare and But that's not all. Since 1984, the ABA has we have to reinvent the wheel here. I other entitlements as well as prevent restric- issued a directory of literally hundreds upon think we have to have a whole new tions on LSC activities. hundreds of private bar involvement programs, structure to help the poor so those I will not go into the long list of cases that including all legal service programs involving without the benefit of good legal coun- demonstrate the flagrant abuses of this agen- private attorneys, reduced-fee programs, sel can get it. But I think Legal Serv- cy. But I will tell you that in way too many judicare programsÐin which private attorneys ices Corporation is part of defunding cases, the LSC has an appalling and inexcus- who take cases for the poor are reimbursed the left that has almost bankrupted able record of all too often taking money from by the Government according to a set sched- this country. law-abiding, hard-working taxpayers and then ule of feesÐprivate attorney referral programs, Mr. MOLLOHAN. Mr. Chairman, I am giving it to the likes of convicted felons, delin- and programs in which attorneys do a speci- pleased to yield 1 minute to the distin- quent fathers, illegal aliens, and even to drug fied amount of legal work for the poor under guished gentleman from Maine [Mr. dealers. And they do this without any account- Government contract. LSC grantees did not BALDACCI]. (Mr. BALDACCI asked and was given ability to the taxpayers who subsidize their create and do not direct the majority of these permission to revise and extend his re- outrageous behavior. programs. marks.) Here are just a few examples: Although a complete inventory of all legal Mr. BALDACCI. Mr. Chairman, I First, the LSC engages in litigation that ac- resources available to the needy does not thank the gentleman for yielding time tually harms the poorÐsuch as preventing the exist, available information shows that ample resources are indeed available for the poor to to me. eviction of drug dealers from public housing! Mr. Chairman, I am deeply opposed Second, the LSC promotes illegal immigra- turn to for legal help. Here are some specific examples: to the enormous funding cut this bill tion by suing for public benefits to illegal aliens contains for the Legal Services Cor- and litigating on behalf of criminal aliens the First, Chicago Volunteer Legal Services pro- vides legal aid to the poor without LSC fund- poration, and I rise in strong support of Federal Government wants to deport. this amendment to restore funding to Third, the LSC is too often anti-family. The ing by using seven staff attorneys and 1,500 Legal Services. program's hostility toward even the most basic pro bono lawyers. Second, the Indianapolis Legal Aid Society In 1989, the late Senator Ed Muskie family values is most evident in grantees' ag- chaired the Maine Commission on gressive advocacy of abortion, support for ho- last year received all of its $458,000 budget from private sources, primarily the United Legal Needs. In his preface to the Com- mosexual rights, opposition to parental author- mission’s report Senator Muskie wrote, ity and a general disdain for the traditional Way. Third, in Tampa, FL, the courthouse assist- ‘‘Assurances of equal justice, appear to family unit. ance project, which receives no Government the poor, to be meant for others. Their Fourth, LSC grantees spend significant re- experience in the pursuit of justice has sources on behalf of criminals in prison. In ad- support, assists 300 low-income individuals a month right in the county courthouse. Similar been frustration, loss of dignity, and dition to suing prisons for disciplining criminals all too often denial. Understandably, guilty of planning riots, escapes and other of- programs are being set up in 14 other cities. Fourth, in New York State, every county has their faith in our legal system has been fenses, legal services lawyers have also en- set up a community dispute resolution center shaken. The problem carries implica- gaged in extensive litigation demanding spe- to handle legal disputes through mediation tions for all in our society. It concerns cial and unreasonable privileges for convicts and arbitration. Each center receives half of its the most basic principles of our social such as a constitutional right to, of all things, budget from the State and half from local gov- and legal order.’’ hot pots. Mr. Chairman, this effort to evis- Mr. Chairman, Congress and past adminis- ernments and private groups. In 1994, the center handled 25,000 cases at a cost of $68 cerate the Legal Services Corporation trations have already attempted without suc- takes us a giant leap backward in our cess to place restrictions on LSC activities and per case. Fifth, the United Charities Legal Aid Bureau efforts to make ‘‘equal justice under behavior. Because money is fungible in the of Chicago handled 25,000 inquiries last year the law’’ a reality for all Americans. hands of private groups that have more than with a staff of only nine attorneys and a budg- Federal funds are needed to ensure that one funding source, LSC and its grantees et of less than $2 million. Its cost-per-case at least a minimum level of legal as- have cleverly avoided these restrictions or any ratio is $80, compared to $250 for the 79-staff sistance is available to every Amer- other attempt to make them accountable to Legal Assistance Foundation of Chicago, ican, regardless of their income. the taxpayers that finance their activities. The which receives over 60 percent of its $10 mil- In my State, Pine Tree Legal Service LSC's current president, Alexander Forger, is lion budget from the LSC. is the only Legal Services Corporation particularly arrogant about his intention to re- Mr. Chairman, the Federal Government can grantee. Pine Tree Legal provides out- sist future congressional limitations. At a LSC no longer afford to maintain this agency, espe- standing legal support to Maine’s poor- board meeting on April 11, 1995, in response cially when so many resources already exist est citizens. More than 230,000 to questions about the ability of House and for the poor to turn to for legal aid when they Mainers—roughly 20 percent of the Senate conferees to impose certain limitations need it. It's time to defund the left, to defund State’s population—have incomes close on allocations of LSC funds, Forger said, the failed Legal Services Corporation. In the to the Federal poverty guidelines. They ``There is a legal caseÐif we chose to assert words of a former hero President, ``If not us, cannot afford to retain a lawyer when itÐthat the Committee does not have the au- who? If not now, when?'' they have a civil legal problem. They thority to make that decision.'' Mr. MOLLOHAN. Mr. Chairman, will rely on Pine Tree Legal for help. Mr. Chairman, I agree with those of my col- the gentleman yield? In 1994, Pine Tree helped more than leagues who want to ensure that the impover- Mr. DORNAN. I yield to the gen- 15,000 individuals in more than 380 ished have access to the legal system. You tleman from West Virginia. Maine communities to address their will be hard-pressed to find a member of this Mr. MOLLOHAN. Mr. Chairman, I civil legal problems. Because of Pine Congress who feels otherwise. But while sup- thank the gentleman from California Tree’s effective advocacy, families porters of the LSC contend that the agency is for yielding to me. were reunited or able to remain to- the only source of legal services for the indi- Mr. Chairman, I take that quote at gether; women obtained protection gent, many people are not aware that suffi- face value, but as a matter of fact, from abuse on behalf of their children cient private alternatives already exist to pro- would the gentleman agree that those and themselves, and individuals with vide more effective legal assistance to the restrictions are in place and that they disabilities were given dignity and re- poor, such as pro bono work and non-LSC have been followed? I have not heard spect. Children were able to stay in service providers. In fact, lawyers have a long anybody say those restrictions to be school, and wage earners who lost their and distinguished history of providing free put on Legal Services have in any way jobs were able to continue to support legal services to the poor. The American Bar been violated. Would the gentleman their families while they looked for Association's 1993±94 directory of pro bono agree with that? new work. legal services listed over 900 programs! Of Mr. DORNAN. I would say when they The people who are represented by course, this does not include the hundreds of are getting the cuts we are giving Pine Tree Legal generally have no H8186 CONGRESSIONAL RECORD — HOUSE July 23, 1996 where else to turn. Although the vast Members, of the articles of incorpora- Ms. ESHOO. Mr. Chairman, I thank majority of the private bar in Maine tion of the Legal Aid Society of Santa the gentleman from West Virginia [Mr. does pro bono work, they simply can- Clara County and the Community MOLLOHAN] for the work that he has not meet the entire demand. Pine Tree Legal Services Corp. They are two sep- done, as well as the gentleman from Legal complements the efforts of the arate corporations. I have copies of the Pennsylvania [Mr. FOX], on this private bar. boards of directors of the Community amendment. I share my colleagues’ de- Unfortunately, due to the extraor- Legal Services, which is the Legal sire to adequately fund the Legal Serv- dinary cuts to the Legal Services Cor- Services Corp. grantee, and the Legal ices Corp. poration previously adopted by this Aid Society, which is a private cor- However, as a member of the Com- Congress, Pine Tree Legal’s staffing poration that receives not one penny of mittee on Commerce that has jurisdic- currently stands at its lowest level Legal Services Corp. funding. tion over the Securities and Exchange since 1969. The need for services has Mr. Chairman, I also have a copy of Commission and our Nation’s securi- not declined, however, and evidence in- the brochure from the LSC-funded or- ties markets, I believe it is also essen- dicates that for every person Pine Tree ganization that says they cannot ac- tial to maintain adequate oversight is able to help, five are not served. cept the following cases, and it lists all over the life savings of millions of The need for public funding of basic the prohibitions that this Congress has Americans. I see that the amendment legal services was identified by the placed on legal aid societies. will reallocate funds from a variety of Nixon administration when it estab- b 1700 agencies, including the SEC which per- lished the Legal Services Corporation. forms that oversight function and I be- There was some controversy in Santa In the past 20 years, nothing has inter- lieve does it very well. Clara County when the restrictions vened to make that need less compel- Is it the gentleman’s intention that came down because many lawyers felt ling. We must ask ourselves the fun- carryover funds received by the SEC be that they could not ethically practice available to it to compensate for the damental question: ‘‘Can there be jus- under the restrictions that Congress tice for any of us if there is not justice reduction in its budget called for in had imposed. So leaders in the local your amendment? for all?’’ I believe the answer is no, and legal community formed a separate I urge my colleagues to support this ef- Mr. MOLLOHAN. I am pleased to as- corporation that does the work allowed sure the gentlewoman that the answer fort to restore critical funds to the under the Federal rules, and the Legal Legal Services Corporation. is yes. Aid Society now does whatever it Ms. ESHOO. I am pleased about the Mr. MOLLOHAN. Mr. Chairman, I wants to do as lawyers, as separately assurance. I support the amendment, ask unanimous consent that I be given funded lawyers. and I thank the gentleman from West 1 additional minute in this debate, and I helped raise money for the Legal Virginia. I think this is an important that the gentleman from North Caro- Aid Society which receives no Legal issue to have a part of the record. lina [Mr. TAYLOR] be likewise given 1 Services money, along with our district The CHAIRMAN. The gentleman additional minute. The reason I want it attorney who is a tough prosecutor from North Carolina [Mr. TAYLOR] has is I have a colloquy that I would like to and, I would add, also a Republican. 2 minutes remaining and the right to enter into which will take about 1 However, he believes, our prosecutor close. minute. does, as do I, that we need to be able to Mr. TAYLOR of North Carolina. Mr. The CHAIRMAN. Is there objection do such things as provide restraining Chairman, I yield myself the balance of to the request of the gentleman from orders to victims of domestic violence my time. West Virginia? without asking for their financial Mr. MOLLOHAN. Mr. Chairman, will There was no objection. statements. That is one of the many the gentleman yield? Ms. LOFGREN. Mr. Chairman, I have reasons why I support the Mollohan Mr. TAYLOR of North Carolina. I heard a lot of very excited comments amendment, and I am glad to be able to yield to the gentleman from West Vir- today about misbehavior and horrible offer facts in support of it. ginia. things that are happening with the rep- Mr. FOX of Pennsylvania. Mr. Chair- Mr. MOLLOHAN. Mr. Chairman, I resentation of bad people across the man, I yield myself the balance of my would just like to make the point that country by legal aid societies. How- time. the authorizing committee authorized ever, I think it is important to note The CHAIRMAN. The gentleman $250 million for this program. that there are restrictions on the use from Pennsylvania is recognized for 30 Mr. TAYLOR of North Carolina. Re- of Federal funds that are made avail- seconds. claiming my time, Mr. Chairman, a able. This amendment has no effect on Mr. FOX of Pennsylvania. Mr. Chair- former chairman of the Legal Services them. man, I think it has been very clear Corporation several years ago, seeing Legal aid societies who take Federal from the discussion this afternoon that the multitude of abuses in the big gov- funds cannot accept juvenile or crimi- Legal Services Corporation deserves ernment Legal Services Corporation, nal law cases. They cannot do legisla- the increase that is in the Mollohan- tried to reform it. He was sued with tive or political advocacy. They cannot Fox amendment. We have seen the ap- taxpayers’ money by the Legal Serv- do lobbying. They cannot do class ac- propriate restrictions on the use of ices Corporation and never got through tions. There is no evidence that I have funds by LSC to only those legal cases any of those reforms. Today he stands seen as a member of the Committee on for the poor. We also know that it is as a strong opponent to the big govern- the Judiciary, and we held hearings, revenue neutral. There is no further ment Legal Services Corporation that that indicates that any of that is hap- tax increase here. There is an offset, the gentleman wants funded for $250 pening. which is appropriate. million. The gentleman from Indiana said ear- Finally we have already seen the last I would say most of the people on lier there are shell organizations that 2 years such a downsizing cut that we this side of the aisle who have spoken have been created, and that there is cannot survive any further cut and to increase the funding amount to $250 something illegal or wrong about this. still represent those in our society who million voted for the budget amend- I am sure he spoke sincerely, but I am need the assistance the most legally. I ment that actually would hold it at $95 from Santa Clara County. He did men- would ask my colleagues to please sup- million, while we are talking about tion the Santa Clara County situation, port this amendment and do right by $141 million today. I would say also to and I am personally familiar with it. all Americans. the question, they will go where they His comments were not accurate. Mr. MOLLOHAN. Mr. Chairman, I go now, which is the great majority of He mentioned a comment from a man yield myself the balance of my time. legal services in this country is pro- who said, ‘‘That is why we are lawyers, The CHAIRMAN. The gentleman vided by non-Federal Government pro- not social workers.’’ That person is not from West Virginia is recognized for 1 grams, the over 900 programs that are a he, it is a she. Her name is Liz minute. out there that are private programs, Shivell, and she practices law in San Mr. MOLLOHAN. Mr. Chairman, I the millions of dollars that fund other Jose´. I also have copies here, and I yield to the gentlewoman from Califor- non-Federal funded programs and pro would be happy to share them with nia [Ms. ESHOO]. bono programs. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8187 The myth is these folks think legal mandated policy restrictions on the use of Increased funding for LSC is supported by services will come to a halt if we do LSC funds, tie the hands of this valuable pub- many notable organizations. Two stellar exam- not keep the Federal Government, that lic service program. For example, under the ples are the American Bar Association [ABA] is, the big government that is hurting Republican plan, slum landlords will have and the American Civil Liberties Union the poor more than it is helping, in- fewer effective opponents to object to being [ACLU]. The ABA has said that without the volved. That just is not true. We will victimized; worse still, victims of domestic vio- core Federal resources to train lawyers and continue to have legal services pro- lenceÐusually womenÐwill be denied their put them in touch with needy clients, the grams. In fact, the 82 percent increase best and often only resource to escape an members of the ABA couldn't continue to pro- that we have shown in nonlegal service abusing partner. Family law, which includes vide the level or quality of pro bono services funds, Federal big government funds, the representation of victims of domestic vio- that they do. The ABA credits those among and the 21 percent in IOLTA funds will lence, is the single largest category of cases the reasons for the ABA supporting the cre- continue to increase, so we shall con- handled by the 278 local legal services pro- ation of the LSC over three decades ago. The tinue to have good programs for the grams across the Nation. We need to be re- ACLU has long maintained that the promise of poor, but without the big government minded that 1 out of every 3 of the 1.7 million equal protection under the law cannot be fully national meddling that has embar- cases that legal services programs handle realized without a federally funded legal serv- rassed and in fact turned much of this each year concerns family law. ices program, and strenuously oppose the leg- Nation against Legal Services because In 1995, legal services programs handled islative restrictions sought under this appro- of hat mismanagement. over 59,000 cases in which clients sought priations bill, which would create categories of The gentleman also suggests taking legal protection from abusive spouses, rep- speech and litigation that unfairly discriminate $57 million from our Federal Prison resentation in their child custody proceedings against LSC employees as well as their cli- Program and our courts. That will to assure fairness in all matters including child ents. keep more violent criminals on the support and enforcement provisions, assist- For these reasons and more, I urge my col- street. So while he is working for a na- ance in locating services and funding for leagues to support this amendment to ade- tional program, a big government pro- emergency and permanent housing or other quately fund the Legal Services Corporation. gram, we in fact will be hurting the benefits enabling them and their children to I yield back the balance of my time. justice system of this country. I urge escape violent situations. Over 9,300 cases in- Ms. PELOSI. Mr. Chairman, I rise to support volved neglected, abused and dependent juve- Members to vote ‘‘no’’ on the Mollohan the Mollohan amendment to restore funding to niles. amendment. the Legal Services Corporation. I am especially pleased that in Chicago an Among its services, the LSC provides cru- Ms. MILLENDER-McDONALD. Mr. Chair- innovative program targeted at domestic vio- cial legal assistance for victims of domestic vi- man, I am in support of the Mollohan amend- lence has been developed by local legal serv- olence. Over 1 million women a year are vic- ment to increase funding for the Legal Serv- ices programs as part of the National Legal tims of violence by husbands or boyfriends. ices Corporation. We live in a litigious society, Services Corps, one of the first national initia- Domestic violence is a problem at all income and all people may need legal counsel. Legal tives funded through the AmericCorps national levels, and legal services clinics are often the counsel is not a luxury to be available to only service effort. only means by which low-income women can a portion of society, it is a necessity for all. Since its creation in 1974, the Legal Serv- legally protect themselves from their batteries. My colleagues on the other side of the aisle ices Corporation has come to represent a Legal Services assist victims of domestic vi- have not provided adequate funding to the chance, not a guarantee, but just a chance to olence in a variety of ways, including obtaining Legal Services Corporation, and I applaud Mr. receive fairness in our society and from our ju- protection orders, child support, child custody, MOLLOHAN for bringing this amendment for- dicial system. Unfortunately, that change is not divorces from abusive spouses, and emer- ward to protect the least fortunate among us. even a dream without adequate funding. In gency housing. This amendment addresses an issue of fair- creating the LSC, the Congress determined San Fernando Valley Legal Services esti- ness. It is not fair to allow people of means to that the Federal Government had an important mates that, as a result of reduction in staff be- have counsel and not provide it to the poor, interest in ensuring all persons have access to cause of these cuts, at least 1,000 victims of simply because they lack the means. their system of justice in America. The con- domestic violence in that area alone will be We have experienced other instances of un- cept of equal justice is fundamental to our sys- denied assistance in obtaining emergency fair treatment of people in the history of our tem of government, economy, personal rela- temporary restraining orders. Nation and it would be wrong to go down that tions and just plain personal security and This Congress has shown a strong biparti- path again here. peace of mind. Without sufficient funding, legal san commitment to important implications for I urge my colleagues to support the Mollo- equality will be a dream of the past. Once the future. I urge you to support the Mollohan- han amendment to increase funding for the again, only the rich and the powerful will have Fox amendment to restore funding to the Legal Services Corporation by $109 million. access to the legal system and the poor, Legal Services Corporation. Mrs. COLLINS of Illinois. Mr. Chairman, I weak, vulnerable, and disenfranchised will slip Mr. PAYNE of New Jersey. Mr. Chairman, rise in support of the amendment to restore down another rung on the cultural, economic, as chairman of the Congressional Black Cau- funding for the Legal Services Corporation and justice ladder of individual liberties. cus, I rise to express my strong support for [LSC] under these Commerce, Justice, State Many of my constituents rely on the LSC for restoration of funding for the Legal Services fiscal year 1997 appropriations, H.R. 3814. a chance at fair treatment in the judicial sys- Program. The Dole-Gingrich Republicans' proposed tem, and the high-priced private lawyers sup- As Americans, we should strive to make the funding to the LSC, which provides legal serv- port the LSC because it means that they don't words ``equal justice under the law'' not just a ices to low-income families and individuals, is have to feel as guilty about charging their high concept, but a reality. yet another demonstration that they are out of hourly rates. While many lawyers in private Unfortunately, Americans who lack financial touch with the American people. If they think practice do provide their legal services on a resources do not have equal footing in our by some wildly distorted imagination that they pro bono basis, but not nearly enough to pro- system of justice. All over the country, thou- are, they are dreaming; but their dream is a vide the amount of services that are needed. sands of people seeking legal help are being nightmare to many Americans. Dole-Gingrich In many LSC programs, the core Federal turned away because legal service programs Republicans and their fat-cat supporters don't funding provides the structure for client intake have been forced to cut staff and to reduce benefit from the Legal Services Corporation, and screening referral of cases, handling the services they are able to offer. so it's not surprising that they have targeted emergency matters, training of pro bono law- Many of those served are abused women the LSC as a prime agency to starve to death yers, and handling of cases when no private and their children who turn to the courts for by severely cutting off its funding. Since their lawyers can do so. LSC leverages and facili- protection. As we continue the national dialog fat-cat supporters have incomes that make tates the utilization and maximization of pri- on family values, shouldn't we be helping them ineligible for the free or reduced-fee vate resources, both in-kind, pro bono serv- these families who have no where else to legal services, that could be one explanation ices and private funding. With only 3 percent turn? for why this bill guts the LSC funding. of its budget spent on administration, and with Legal services programs are prohibited from The original bill proposes funding which is its unique ability to leverage private resources, engaging in legislative or administrative advo- $137 millionÐ49 percentÐless than the cur- the LSC deserves more, not fewer, resources. cacy, thus addressing concerns raised by rent appropriation for LSC and $199 million It is a well-run corporation that is cost effective some Members of Congress. less than the President's request. Such dras- and programmatically extraordinarily success- We are all aware of the fiscal constraints tically reduced funding as well as Republican ful. under which Congress is operating, but should H8188 CONGRESSIONAL RECORD — HOUSE July 23, 1996 we put a price on the American principle of Legal Services Corporation helps remedy this nentsÐit was just the mere existence of any equal justice? Let me point out that in this shameful inequity. Clearly, the Legal Services Federal effort to facilitate access to legal serv- comprehensive Commerce, State, Justice ap- Corporation needs to be expanded, not scaled ices for the poor. propriations bill, funding for legal services rep- down on a path toward elimination as under Make no mistakeÐthe $141 million funding resents less than one-half of 1 percent of the this bill. Again, I urge my colleagues to op- level provided in this bill will have severe con- $29.5 billion in the Commerce, State, Justice. pose cuts in legal services and to support the sequences for access to the legal system for I urge my colleagues to join me in restoring Mollohan-Fox amendment. lower income Americans. Neither State and funds for the Legal Services Corporation. Mrs. MALONEY. Mr. Chairman, I rise to local governments nor the private bar can be Mr. COSTELLO. Mr. Chairman, today this speak to the proposed irresponsible cuts to expected to pick up the caseload of the LSC House will consider legislation that represents the Legal Services Corporation. Program. It is completely unrealistic to assume another attack on services that directly affect The Legal Services Corporation acts as a that already hard pressed State and local gov- the poor and vulnerable members of our soci- founding principle of this countryÐequal jus- ernments will shift funds to legal aid programs, ety. The Committee-Justice-State appropria- tice under lawÐby supplying legal representa- particularly as we in Washington continue to tions bill for fiscal year 1997 cuts funding for tion to those who would not otherwise be able shift other competing responsibilities back to the Legal Services, Corporation by nearly 50 to afford it. the States. percent. This is the lowest funding level in the Those affected by the loss of legal services Likewise, it is estimated that even if the history of the programÐa program that works are the same people the Contract With Amer- present level of pro bono services were dou- to protect the legal rights of citizens who oth- ica has made a career of attacking: seniors, bled or tripled, only a fraction of the services erwise could not afford legal assistance. The women, children, and low-income Americans. now provided by legal services attorneys drastic cut in the Legal Services Corporation This bill renders the Legal Services Cor- would be retained. Indeed, the LSC now included in this appropriations bill curtails a poration ineffective because it so strictly limits leverages greater utilization of private re- much-needed program and threatens the legal what they can do. sources, in addition to providing critical train- rights of every poor or near-poor person in this It cuts their funding and prohibits their ability ing and support for pro bono programs. country. I urge my colleagues not to abandon to bring class action suits. We all support increased activity on the part critical legal recourse for the poor and to sup- This is just another way for the Republican of the private bar to meet the legal needs of port the Mollohan-Fox amendment which will majority to systematically disinvest in the poor. the poor. But saying it should be so, does not restore $109 million to the LSC to ensure that Mr. Chairman, we should fully fund the make it so. legal help is available to those who need it the Legal Services Corporation. In my own State of California, the impacts of most. If we don't make equal justice under the law further cuts in the LSC budget will devastate The Legal Services Corporation is a good a reality for all Americans, who will? LSC-funded programs which account for ap- example of a Federal program that is effec- Mr. DIXON. Mr. Chairman, I rise in strong proximately 45 percent of the funds available tively being administered at the local level. support of the amendment offered by Rep- for civil legal services to the poor. In all parts The leadership of this House claims to want to resentatives MOLLOHAN and FOX. The reduc- of the State, the Corporation's programs pro- expand the role of State and local authority tion in funding for the Legal Services Corpora- vide the majority of legal services to low-in- while shrinking the size of the Federal Govern- tion [LSC] included in H.R. 3814 is an affront come Californians. ment. The Legal Services Corporation is a to one of this Nation's most sacred promises In 1995, 14 California pro bono programs prime example of how local control of a fed- to its peopleÐthe promise of equal justice were LSC subgrantees in 1995. If grants are eral program is working. The creators of the under law. cut by the amount proposed in this legislation, LSC recognized that decisions about how It is also a very unfortunate continuation of almost $2 million in funds which support pri- legal services should be allocated are best the assault on the Nation's have nots that we vate attorney involvement will be lost in Cali- made not by officials in Washington, but at a have witnessed over the past 2 years. It is es- fornia alone. local level, by the people who understand the sential that the 50-percent cut in funding to the I urge my colleagues to take a careful look problems that face their communities. LSC be restored to ensure that poor Ameri- at what we have already done to the Legal The Legal Services Corporation, begun in cans have some reasonable chance of access Services Corporation. We have already cut 1974 and supported by President Nixon, has to the legal system enjoyed by the majority of funding to the LSC by over 30 percent. We had bi-partisan support and has served mil- Americans. have already enacted restrictions to forbid lions of people since its inception. Today, the LSC has done an exemplary job for over 30 LSC involvement in class action suits, welfare LSC provides funds to operate programs in years of providing access to the legal system reform, prisoner representation, and a host of approximately 1,100 communities nationwide. for lower income Americans. It has done so in other activities which some Members found Together, these offices provide services to a manner which reflects many of the guiding objectionable. every county in the Nation. LSC programs pro- principles of Government reinvention to which If we now accept the $141 million funding vide services to more than a million clients per the majority adheres: local control, volunteer- level in this bill, we drastically erode the core year, benefitting approximately 5 million indi- ism, public-private partnerships, and decen- mission of the LSC which I believe the major- viduals, the majority of them children living in tralization with low administrative costs and ity of House Members support: providing ac- poverty. Family law makes up one-third of all limited bureaucracy. cess to legal assistance for low-income Ameri- of the cases handled by LSC programs each Yet, once again, we are forced to acquiesce cans who may be the victims of domestic vio- year. In 1995, legal services programs han- to opponents of LSC who use isolated and an- lence; who face landlord-tenant disputes; who dled over 9,300 cases involving abused and ecdotal claims to insist that the Corporation's are wrongfully denied certain benefits; or who neglected children. main activity has been to pursue a political are the victims of consumer fraud without the Today the Legal Services Corporation also and social agenda. It was not enough to im- means to seek legal recourse that most of us plays an important role in providing legal rep- plement broad restrictions on grantee activi- take for granted. These are the core activities resentation for victims of domestic violence. ties, and reduce funding for LSC programs by of the Legal Services Corporation that demand Legal service programs have been successful over 30 percent, as we did the last appropria- our continued support. in helping victims of domestic violence protect tions bill. Today, the legislation before us in- I urge my colleagues to support the Mollo- themselves by obtaining orders of protection cludes a draconian 50-percent reduction in han-Fox amendment. Funding the Legal Serv- and granting divorces. Legal service attorneys LSC funding from fiscal year 1996 which will ices Corporation at $250 million is the very also work to retain child support from absent devastate the access of poor Americans to least we can do to ensure some continued ac- parents. By providing quality legal services to adequate legal representation. cess to legal representation for the poor. the poor, the Legal Services Corporation In the face of new political realities, legal Mr. TORKILDSEN. Mr. Chairman, I rise in assures that no woman is condemned to a services advocates have been willing to bend strong support of this amendment and in sup- violent and dangerous marriage because she over backwards to accept far reaching restric- port of legal services for all Americans. cannot afford a lawyer. I cannot stand by tions on attorney activities to ensure the con- Regardless of party or ideology, we can all quietly and watch this body endanger women tinued existence of a viable core program. Ef- agree that legal services are beyond the grasp and children by limiting their access to our forts to comply with restrictions and cope with of many hardworking Americans, particularly legal system. funding reductions have apparently done little those struggling to provide their families with Studies have shown that most poor people to appease the agency's critics. It appears that the very basic necessities of life. Without the do not currently receive proper legal advice it was never the Corporation's involvement in Legal Services Corporation, the very poor in when confronted with legal problems. The specific kinds of cases that so infuriated oppo- this Nation will have nowhere to go when that July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8189 eviction notice arrives, or an abusive husband Menendez Quinn Stokes b 1724 Millender- Rahall Studds threatens a wife's life. McDonald Ramstad Stupak Mr. MCINTOSH and Mr. CALLAHAN This bill represents a 33-percent reduction, Miller (CA) Rangel Tanner changed their vote from ‘‘aye’’ to ‘‘no.’’ which is above and beyond the 50-percent re- Minge Reed Tejeda So the amendment was agreed to. duction the LSC absorbed last year. Mink Regula Thompson The result of the vote was announced Moakley Richardson Thornton We need to think of legal services in terms Mollohan Rivers Thurman as above recorded. of the people who benefit. In my district, 1,800 Moran Roemer Torkildsen The CHAIRMAN. The Clerk will read. people were served by community legal serv- Morella Ros-Lehtinen Torres The Clerk read as follows: Murtha Rose Torricelli ice groups last year. Most cases dealt with do- RADIATION EXPOSURE COMPENSATION Nadler Roukema Towns mestic abuse, evictions, other housing issues, Neal Roybal-Allard Traficant ADMINISTRATIVE EXPENSES and assistance for those with disabilities. Nethercutt Rush Upton For necessary administrative expenses in Oberstar Sabo Velazquez These are bread-and-butter servicesÐnot Vento accordance with the Radiation Exposure Obey Sanders Compensation Act, $2,000,000. high-profile class-action suits. In fact, last Olver Sawyer Visclosky year's bill fully addressed the criticisms of the Ortiz Saxton Volkmer PAYMENT TO RADIATION EXPOSURE Legal Services Corporation, focusing the pro- Orton Schiff Walsh COMPENSATION TRUST FUND Ward gram on what matters mostÐbasic legal pro- Owens Schroeder For payments to the Radiation Exposure Pallone Schumer Waters tection for the poor. Watt (NC) Compensation Trust Fund, $13,736,000, not to Pastor Scott be available for obligation until September Let's not punish people twice; I urge my col- Payne (NJ) Serrano Waxman Payne (VA) Shays Weldon (PA) 30, 1997. leagues to support legal services and support Williams Pelosi Sisisky INTERAGENCY LAW ENFORCEMENT this amendment. Wilson Peterson (MN) Skaggs Wise INTERAGENCY CRIME AND DRUG ENFORCEMENT The CHAIRMAN. The question is on Pickett Skelton Woolsey the amendment offered by the gen- Pomeroy Slaughter For necessary expenses for the detection, Wynn Porter Spratt investigation, and prosecution of individuals tleman from West Virginia [Mr. MOL- Yates Poshard Stark involved in organized crime drug trafficking LOHAN]. Zimmer Pryce Stenholm not otherwise provided for, to include inter- The question was taken; and the governmental agreements with State and Chairman announced that the ayes ap- NOES—179 local law enforcement agencies engaged in peared to have it. Allard Funderburk Neumann the investigation and prosecution of individ- RECORDED VOTE Archer Gallegly Ney uals involved in organized crime drug traf- Armey Ganske Norwood Mr. BURTON of Indiana. Mr. Chair- ficking, $372,017,000, of which $50,000,000 shall Bachus Gekas Nussle remain available until expended: Provided, man, I demand a recorded vote. Baker (CA) Gillmor Oxley That any amounts obligated from appropria- A recorded vote was ordered. Baker (LA) Goodling Packard Ballenger Goss Parker tions under this heading may be used under The vote was taken by electronic de- Barr Graham Paxon authorities available to the organizations re- vice, and there were—ayes 247, noes 179, Barrett (NE) Greene (UT) Petri imbursed from this appropriation: Provided not voting 7, as follows: Bartlett Gutknecht Pombo further, That any unobligated balances re- Barton Hall (TX) Portman maining available at the end of the fiscal [Roll No. 341] Bass Hancock Quillen year shall revert to the Attorney General for AYES—247 Bateman Hansen Radanovich reallocation among participating organiza- Bereuter Hastert Riggs Abercrombie Dicks Holden Bilirakis Hastings (WA) Roberts tions in succeeding fiscal years, subject to Ackerman Dingell Horn Bliley Hayes Rogers the reprogramming procedures described in Andrews Dixon Houghton Boehner Hayworth Rohrabacher section 605 of this Act. Baesler Doggett Hoyer Bono Hefley Roth FEDERAL BUREAU OF INVESTIGATION Baldacci Dooley Jackson (IL) Brownback Heineman Royce Barcia Doyle Jackson-Lee Bryant (TN) Herger Salmon SALARIES AND EXPENSES Barrett (WI) Durbin (TX) Bunn Hilleary Sanford For necessary expenses of the Federal Bu- Becerra Edwards Jacobs Bunning Hobson Scarborough reau of Investigation for detection, inves- Beilenson Ehlers Jefferson Burr Hoekstra Schaefer Bentsen Engel Johnson (CT) tigation, and prosecution of crimes against Burton Hostettler Seastrand the United States, including purchase for po- Berman Eshoo Johnson (SD) Buyer Hunter Sensenbrenner Bevill Evans Johnson, E. B. Callahan Hutchinson Shadegg lice-type use of not to exceed 2,706 passenger Bilbray Farr Johnston Calvert Hyde Shaw motor vehicles, of which 1,945 will be for re- Bishop Fattah Kanjorski Campbell Inglis Shuster placement only, without regard to the gen- Blumenauer Fawell Kaptur Chabot Istook Skeen eral purchase price limitation for the cur- Blute Fields (LA) Kelly Chambliss Johnson, Sam Smith (MI) rent fiscal year, and hire of passenger motor Boehlert Filner Kennedy (MA) Chenoweth Jones Smith (NJ) Bonilla Flake Kennedy (RI) vehicles, acquisition, lease, maintenance, Christensen Kasich Smith (TX) and operation of aircraft; and not to exceed Bonior Flanagan Kennelly Chrysler Kim Smith (WA) Borski Foglietta Kildee Clinger King Solomon $70,000 to meet unforeseen emergencies of a Boucher Foley Kleczka Coble Kingston Souder confidential character, to be expended under Brewster Ford Klink Coburn Knollenberg Spence the direction of, and to be accounted for Browder Fowler Klug Collins (GA) Kolbe Stearns solely under the certificate of, the Attorney Brown (CA) Fox LaFalce Combest Largent Stockman General; $2,528,706,000, of which not to exceed Brown (FL) Frank (MA) LaHood Cooley Laughlin Stump Brown (OH) Franks (CT) Lantos $50,000,000 for automated data processing and Cox Lewis (CA) Talent telecommunications and technical investiga- Bryant (TX) Franks (NJ) Latham Crane Lewis (KY) Tate Camp Frelinghuysen LaTourette Crapo Lightfoot Tauzin tive equipment and $1,000,000 for undercover Canady Frisa Lazio Cremeans Linder Taylor (MS) operations shall remain available until Sep- Cardin Frost Leach Cubin Livingston Taylor (NC) tember 30, 1998; of which not less than Castle Furse Levin Cunningham Lucas Thomas $117,081,000 shall be for counterterrorism in- Chapman Gejdenson Lewis (GA) Deal Manzullo Thornberry vestigations, foreign counterintelligence, Clay Gephardt Lipinski DeLay McCrery Tiahrt Clayton Geren LoBiondo and other activities related to our national Dickey McHugh Vucanovich security; of which not to exceed $98,400,000 Clement Gibbons Lofgren Doolittle McInnis Walker Clyburn Gilchrest Longley Dornan McIntosh Wamp shall remain available until expended; of Coleman Gilman Lowey Dreier McKeon Watts (OK) which not to exceed $10,000,000 is authorized Collins (MI) Gonzalez Luther Duncan Metcalf Weldon (FL) to be made available for making payments Condit Goodlatte Maloney Dunn Meyers Weller or advances for expenses arising out of con- Conyers Gordon Manton Ehrlich Mica White tractual or reimbursable agreements with Costello Green (TX) Markey English Miller (FL) Whitfield Coyne Greenwood Martinez State and local law enforcement agencies Ensign Molinari Wicker while engaged in cooperative activities relat- Cramer Gunderson Martini Everett Montgomery Wolf Cummings Gutierrez Mascara Ewing Moorhead Young (AK) ed to violent crime, terrorism, organized Danner Hall (OH) McCarthy Fields (TX) Myers Zeliff crime, and drug investigations; and of which Davis Hamilton McCollum Forbes Myrick $1,500,000 shall be available to maintain an de la Garza Harman McDermott independent program office dedicated solely DeFazio Hastings (FL) McHale DeLauro Hefner McKinney NOT VOTING—7 to the relocation of the Criminal Justice In- Dellums Hilliard McNulty Collins (IL) Matsui Young (FL) formation Services Division and the automa- Deutsch Hinchey Meehan Fazio McDade tion of fingerprint identification services: Diaz-Balart Hoke Meek Lincoln Peterson (FL) Provided, That not to exceed $45,000 shall be H8190 CONGRESSIONAL RECORD — HOUSE July 23, 1996 available for official reception and represen- Amendment offered by Mr. RADANOVICH: no longer afford to maintain a reckless tation expenses. Page 17, line 8, after the dollar amount, in- and irresponsible agency that engages VIOLENT CRIME REDUCTION PROGRAMS sert the following: ‘‘(increased by in politically motivated litigation at $109,000,000)’’. For activities authorized by the Violent the expense of all the poor and all the Page 99, line 14, after the dollar amount, Crime Control and Law Enforcement Act of insert the following: ‘‘(reduced by taxpayers. 1994 (Public Law 103–322) as amended (‘‘the $109,000,000)’’. The LSC has hampered the country’s 1994 Act’’), and the Antiterrorism and Effec- Page 99, line 15, after the dollar amount, fight against illegal drug use. It has tive Death Penalty Act of 1996 (‘‘the insert the following: ‘‘(reduced by worked to prevent the eviction of drug Antiterrorism Act’’), $153,000,000, to remain $109,000,000)’’. dealers from public housing. In con- available until expended, which shall be de- rived from the Violent Crime Reduction Mr. RADANOVICH (during the read- trast, the DEA has worked on behalf of Trust Fund; of which $56,077,000 shall be for ing). Mr. Chairman, I ask unanimous the public, not against it, to get drug activities authorized by section 190001(c) of consent that the amendment be consid- dealers out of the public household and the 1994 Act and section 811 of the ered as read and printed in the RECORD. off the streets. Antiterrorism Act; $76,423,000 shall be for ac- The CHAIRMAN. Is there objection Recent polls have shown an increase tivities authorized by section 190001(b) of the to the request of the gentleman from in illicit drug use by Americans during 1994 Act, of which $20,240,000 shall be for ac- California? the past several years. I am certain tivities authorized by section 103 of the that the American people would prefer Brady Handgun Violence Prevention Act There was no objection. Mr. ROGERS. Mr. Chairman, I ask to see their taxpayer dollars spent (Public Law 103–159), as amended; $4,000,000 fighting the threat that illegal drugs shall be for training and investigative assist- unanimous consent that all debate on ance authorized by section 210501 of the 1994 this amendment and all amendments pose to their children. They do not Act; $9,500,000 shall be for grants to States, thereto close in 10 minutes and that want to see even more of their tax dol- as authorized by section 811(b) of the the time be equally divided. lars go toward public funding of law- Antiterrorism Act; $5,500,000 shall be for es- The CHAIRMAN. Is there objection yers. tablishing DNA quality-assurance and pro- to the request of the gentleman from Mr. Chairman, I urge my colleagues ficiency-testing standards, establishing an Kentucky. to vote sensibly, vote to take the funds index to facilitate law enforcement exchange There was no objection. away from the irresponsible Legal of DNA identification information, and re- Services Corporation and use these lated activities authorized by section 210501 The CHAIRMAN. The gentleman from California [Mr. RADANOVICH] will funds to fight drug abuse. of the 1994 Act; and $1,500,000 shall be for in- Mr. MOLLOHAN. Mr. Chairman, will vestigative support for Senior Citizens be recognized for 5 minutes in support the gentleman yield? Against Marketing Scams, as authorized by of this amendment. Mr. RADANOVICH. I yield to the section 250005 of the 1994 Act. Who seeks time in opposition? gentleman from West Virginia. CONSTRUCTION Mr. MOLLOHAN. Mr. Chairman, I Mr. MOLLOHAN. Mr. Chairman, I do For necessary expenses to construct or ac- rise in opposition. not recall the gentleman participating The CHAIRMAN. The gentleman quire buildings and sites by purchase, or as in the debate on the previous amend- otherwise authorized by law (including from West Virginia [Mr. MOLLOHAN] ment. Did the gentleman? equipment for such buildings); conversion will be recognized for 5 minutes in op- and extension of federally-owned buildings; Mr. RADANOVICH. Mr. Chairman, position. reclaiming my time, I would respond to and preliminary planning and design of The Chair recognizes the gentleman projects; $55,676,000, to remain available the gentleman that I did not. until expended. from California [Mr. RADANOVICH]. Mr. MOLLOHAN. Mr. Chairman, if Mr. RADANOVICH. Mr. Chairman, DRUG ENFORCEMENT ADMINISTRATION the gentleman would continue to yield, just earlier today the House voted to I think those arguments which were SALARIES AND EXPENSES increase funding for the Legal Services made during the last debate would For necessary expenses of the Drug En- Corporation by $109 million. My forcement Administration, including not to probably be better focused at that be- amendment would take this $109 mil- cause that is where the issue was exceed $70,000 to meet unforeseen emer- lion increase from the LSC and trans- gencies of a confidential character, to be ex- formed about whether the body wanted pended under the direction of, and to be ac- fer it to salaries and expenditures for to increase funding for Legal Services counted for solely under the certificate of, the Drug Enforcement Administration. up, incidentally, to the $250 million the Attorney General; expenses for conduct- Mr. Chairman, the question this mark that is contained in the author- ing drug education and training programs, amendment poses is simple. Would ization, which is not law but it is con- including travel and related expenses for Members rather further line the pock- tained in the authorization. participants in such programs and the dis- ets of lawyers with $109 million of tax- Mr. Chairman, I just would like to tribution of items of token value that pro- payers’ dollars or would they rather point out that that is where that de- mote the goals of such programs; purchase of see this $109 million spent fighting not to exceed 1,158 passenger motor vehicles, bate occurred, and I am wondering why of which 1,032 will be for replacement only, drugs? In my mind the answer is sim- is the gentleman now participating in for police-type use without regard to the ple. These taxpayers’ dollars would be the same debate? general purchase price limitation for the much better spent fighting the war on Mr. RADANOVICH. Mr. Chairman, current fiscal year; and acquisition, lease, drugs. what we have a responsibility to do is maintenance, and operation of aircraft; Today’s proponents of increasing represent the interests in our district, $733,038,000, of which not to exceed $1,800,000 funding for the Legal Services Corpora- and the LSC is not well thought of, and for research and $15,000,000 for transfer to the tion have spoken about restrictions when they begin penalizing farmers for Drug Diversion Control Fee Account for op- placed upon the LSC in last year’s ap- providing housing and bringing up friv- erating expenses shall remain available until expended, and of which not to exceed propriations bill. They claim that olous lawsuits that are politically mo- $4,000,000 for purchase of evidence and pay- these restrictions have placed new lim- tivated, then I do not think any in- ments for information, not to exceed its upon the LSC and have forced it to crease in that order is in good order $4,000,000 for contracting for automated data act more responsibly. But these pro- and I think the money is better spent processing and telecommunications equip- ponents have failed to note that the in drug enforcement. ment, and not to exceed $2,000,000 for labora- LSC is not a Federal agency of the Fed- Mr. MOLLOHAN. Mr. Chairman, if tory equipment, $4,000,000 for technical eral Government, so Congress has no the gentleman will continue yielding, equipment, and $2,000,000 for aircraft replace- way of enforcing these restrictions. So getting back into the substance of the ment retrofit and parts, shall remain avail- able until September 30, 1998; and of which in effect, Congress is providing funding debate, I just wonder if the gentleman not to exceed $50,000 shall be available for of- for the LSC, but we have no real con- is aware that last year it was actually ficial reception and representation expenses. trol over this organization. this subcommittee, under the leader- The Legal Services Corporation is a ship of the gentleman from Kentucky, b 1730 portrait of Government mismanage- Chairman ROGERS, that placed in the AMENDMENT OFFERED BY MR. RADANOVICH ment. It has wreaked havoc in rural Commerce-Justice-State appropria- Mr. RADANOVICH. Mr. Chairman, I communities by bringing numerous tions bill restrictions upon the Legal offer an amendment. frivolous lawsuits against America’s Services Corporation that the Legal The Clerk read as follows: farmers. The Federal Government can Services Corporation is living under. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8191 Again, we have already had that de- fund them in areas where we have no late that some entities are set up. That bate, and the body just voted to take proof that they backed off some of the gets back to this point. Any group, from the offsets that we have. politically motivated stuff they are which for a lawful purpose sets up ac- Mr. RADANOVICH. Mr. Chairman, doing right now. tivities outside of these corporations, reclaiming my time, the gentleman has Mr. MOLLOHAN. Does the gentleman can do that. We cannot stop them from his time and he is welcome to respond acknowledge, or is the gentleman doing that here. to this. aware of the restrictions put in last But let me ask the gentleman, is Mr. BURTON of Indiana. Mr. Chair- year that address some of the concerns there a commingling of funds? man, will the gentleman yield? he mentioned when he spoke in favor of Mr. BURTON of Indiana. Mr. Chair- Mr. RADANOVICH. I yield to the his amendment? man, if the gentleman will continue to gentleman from Indiana. Mr. RADANOVICH. Mr. Chairman, I yield, they are doing it deliberately to Mr. BURTON of Indiana. Mr. Chair- am not aware of any of the benefits ex- circumvent the law and the rules man, during the debate to which the perienced yet of those restrictions. passed by the gentleman from Ken- gentleman from West Virginia [Mr. Until I see benefits resulting from tucky. That is the problem. MOLLOHAN] refers, it was made very those changes in the law, then I do not b clear that many legal services corpora- support an increase in funding for LSC. 1745 tions that did not want to abide by the Mr. MOLLOHAN. Is the gentleman Mr. MOLLOHAN. Mr. Chairman, we new rules were forming shell corpora- familiar with the restrictions put have had this debate. tions to get around that, so they could there? Now let me get back to the gen- still involve themselves in social issues Mr. RADANOVICH. That is my re- tleman from California. He is taking rather than really dealing with the sponse, Mr. Chairman. Until we see the $109 million that we took in offsets. problems of the poor. some benefit from the changes in this Had he intended to offer this amend- That is a fact, and I wanted to clarify thing, I think it is totally ridiculous to ment prior to the legal services amend- that point. I think the gentleman for be funding LSC. ment? yielding. Mr. MOLLOHAN. Mr. Chairman, re- Mr. RADANOVICH. Mr. Chairman, if Mr. RADANOVICH. Mr. Chairman, I claiming my time, I would suggest to the gentleman will continue to yield, it yield back the balance of my time. the gentleman that the legal services was not my intention to try to do that Mr. MOLLOHAN. Mr. Chairman, I corporations are abiding by these re- because this legislation passed. yield myself such time as I may strictions. The CHAIRMAN. The time of the consume. Now, Mr. Chairman, the gentleman gentleman from West Virginia [Mr. Mr. Chairman, in the debate, which from Indiana, in his debate on the MOLLOHAN] has expired. was really on the Legal Services Cor- floor, when he would not yield to me on The question is on the amendment poration amendment, I actually tried his time—— offered by the gentleman from Califor- to get the gentleman from Indiana [Mr. Mr. BURTON of Indiana. Mr. Chair- nia [Mr. RADANOVICH]. BURTON] to yield. If he is available I man, will the gentleman yield? The question was taken; and the would be pleased to engage him in the Mr. MOLLOHAN. I yield to the gen- Chairman announced that the noes ap- discussion. I would be pleased to en- tleman from Indiana. peared to have it. gage the gentleman from California Mr. BURTON of Indiana. Mr. Chair- RECORDED VOTE likewise during my time on this issue. man, I did not yield to the gentleman Mr. RADANOVICH. Mr. Chairman, I I want to thank the gentleman from only because I did not have the time, demand a recorded vote. California for yielding. I know some of or I would have been happy to do so. A recorded vote was ordered. the folks came around and told him not Mr. MOLLOHAN. Mr. Chairman, re- The vote was taken by electronic de- to yield, but I think it is really in the claiming my time, I appreciate that. vice, and there were—ayes 169, noes 254, best interest of debate in order for him The gentleman from Indiana indi- not voting 10, as follows: to do so. cated that legal services corporations [Roll No. 342] Why now is the gentleman offering would set up separate entities. My re- this amendment and making these sponse to the gentleman from Indiana AYES—169 points when the debate occurred here is that this is America. Anybody can Allard Cooley Hilleary Archer Cox Hobson just a while ago on this issue? set up corporations anywhere for a Armey Crane Hoekstra Mr. RADANOVICH. Mr. Chairman, legal purpose, which may or may not Bachus Crapo Hostettler will the gentleman yield? have been done. But let us focus here. Baker (CA) Cremeans Hunter Mr. MOLLOHAN. I yield to the gen- This is funding for the Legal Services Baker (LA) Cubin Hutchinson Ballenger Cunningham Inglis tleman from California. Corporation, created, I believe, in 1974 Barr Deal Istook Mr. RADANOVICH. Mr. Chairman, I for this purpose. This is funding to Barrett (NE) Dickey Johnson, Sam would respond to the gentleman, be- them. Bartlett Doolittle Jones Barton Dornan Kasich cause that amendment passed. They are not, at least based upon Bass Dreier Kim I guess the bottom line is that we what I heard in the gentleman’s de- Bateman Duncan Kingston have a disagreement on whether or not bate, they are not engaged in activities Bereuter Ehrlich Knollenberg a corporation such as LSC, that has that would violate these restrictions. Bilirakis English Kolbe Bliley Ensign Largent recklessly spent that money, should be We are talking about funding entities, Boehner Everett Laughlin further funded beyond this point. the Legal Services Corporation, that Bonilla Ewing Lewis (KY) Mr. MOLLOHAN. Mr. Chairman, re- are abiding by these restrictions. Bono Fields (TX) Lightfoot claiming my time, there were some le- Brownback Funderburk Linder Mr. BURTON of Indiana. Mr. Chair- Bryant (TN) Gallegly Livingston gitimate concerns raised about the ac- man, if the gentleman will continue to Bunn Ganske Lucas tivities that the Legal Services Cor- yield, I can give the gentleman at least Bunning Gilchrest Manzullo poration was engaged in in the past. two examples where they were delib- Burr Gillmor Martini Burton Goodling McCrery I would suggest to the gentleman the erately setting up shell organizations Buyer Goss McHugh clear victory last year. The gentleman to circumvent the intent of the rules Callahan Graham McInnis from Kentucky [Mr. ROGERS] put real passed by the gentleman from Ken- Calvert Greene (UT) McIntosh restrictions in the bill. Is the gen- Campbell Gutknecht McKeon tucky. Chabot Hall (TX) Metcalf tleman familiar with the restrictions May I give the gentleman examples? Chambliss Hancock Mica put in the bill last year? Mr. MOLLOHAN. Mr. Chairman, the Chenoweth Hansen Miller (FL) And I yield to the gentleman to an- gentleman gave them in debate. Christensen Hastert Molinari Chrysler Hastings (WA) Montgomery swer that question. Mr. BURTON of Indiana. Well, I want Clinger Hayes Moorhead Mr. RADANOVICH. Mr. Chairman, I to give them in a little more detail, if Coble Hayworth Myers thank the gentleman for continuing to the gentleman wants that. Coburn Hefley Neumann yield, and, yes, I would rather see fruit Mr. MOLLOHAN. Mr. Chairman, let Collins (GA) Heineman Ney Combest Herger Norwood come from that bill rather than further me reclaim my time and let me stipu- H8192 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Nussle Seastrand Tate Vento Watts (OK) Woolsey ployee overtime pay in an amount in excess Oxley Sensenbrenner Tauzin Visclosky Waxman Wynn of $30,000 during the calendar year beginning Packard Shadegg Taylor (MS) Volkmer Weldon (PA) Yates January 1, 1997: Provided further, That uni- Taylor (NC) Walsh Whitfield Young (AK) Parker Shaw forms may be purchased without regard to Paxon Shuster Thomas Ward Williams Zimmer Petri Skeen Thornberry Waters Wilson the general purchase price limitation for the Pombo Smith (MI) Tiahrt Watt (NC) Wise current fiscal year; Provided further, That Portman Smith (NJ) Vucanovich not to exceed $5,000 shall be available for of- Quillen Smith (TX) Walker NOT VOTING—10 ficial reception and representation expenses: Radanovich Smith (WA) Wamp Collins (IL) Lincoln Roth Provided further, That none of the funds pro- Riggs Solomon Weldon (FL) DeLay Matsui Young (FL) vided in this or any other Act shall be used Weller Roberts Souder Fazio McDade for the continued operation of the San Rohrabacher Spence White Gekas Myrick Royce Stearns Wicker Clemente and Temecula checkpoints unless Salmon Stockman Wolf b 1803 the checkpoints are open and traffic is being Sanford Stump Zeliff Messrs. DINGELL, SAXTON, and checked on a continuous 24-hour basis: Pro- Scarborough Talent vided further, That the Land Border Fee Pilot Schaefer Tanner LOBIONDO changed their vote from Project scheduled to end September 30, 1996, ‘‘aye’’ to ‘‘no.’’ is extended to September 30, 1999 for projects NOES—254 Mr. ALLARD, Mr. BARTON of Texas, on both the northern and southern borders of Abercrombie Franks (NJ) Menendez Ms. GREENE of Utah, Mr. SMITH of the United States, except that no pilot pro- Ackerman Frelinghuysen Meyers Texas, and Mr. SPENCE changed their gram may implement a universal land border Andrews Frisa Millender- crossing toll. Baesler Frost McDonald vote from ‘‘no’’ to ‘‘aye.’’ Baldacci Furse Miller (CA) So the amendment was rejected. VIOLENT CRIME REDUCTION PROGRAMS Barcia Gejdenson Minge The result of the vote was announced For activities authorized by sections Barrett (WI) Gephardt Mink as above recorded. 130002, 130005, 130006, 130007, and 190001(b) of Becerra Geren Moakley the Violent Crime Control and Law Enforce- PERSONAL EXPLANATION Beilenson Gibbons Mollohan ment Act of 1994 (Public Law 103–322), as Bentsen Gilman Moran Mr. WATTS of Oklahoma. Mr. Chairman, on amended, and section 813 of the Berman Gonzalez Morella Bevill Goodlatte Murtha rollcall No. 342, I inadvertently pushed the Antiterrorism and Effective Death Penalty Bilbray Gordon Nadler ``nay'' button. I meant to vote ``yes'' and I Act of 1996 (Public Law 104–132), $500,168,000, Bishop Green (TX) Neal would like the RECORD to reflect this state- to remain available until expended, which Blumenauer Greenwood Nethercutt ment. will be derived from the Violent Crime Re- Blute Gunderson Oberstar duction Trust Fund, of which $95,784,000 shall Boehlert Gutierrez Obey The CHAIRMAN. The Clerk will read. The Clerk read as follows: be for expeditious deportation of denied asy- Bonior Hall (OH) Olver lum applicants, $287,857,000 shall be for im- Borski Hamilton Ortiz VIOLENT CRIME REDUCTION PROGRAMS Boucher Harman Orton proving border controls, and $116,527,000 shall Brewster Hastings (FL) Owens (INCLUDING TRANSFER OF FUNDS) be for detention and deportation proceed- Browder Hefner Pallone For activities authorized by sections 180104 ings: Provided, That amounts not required Brown (CA) Hilliard Pastor and 190001(b) of the Violent Crime Control for asylum processing provided under the ex- Brown (FL) Hinchey Payne (NJ) and Law Enforcement Act of 1994 (Public peditious deportation of denied asylum ap- Brown (OH) Hoke Payne (VA) Law 103–322), as amended, and section 814 of plicants shall also be available for other de- Bryant (TX) Holden Pelosi portation program activities. Camp Horn Peterson (FL) the Antiterrorism and Effective Death Pen- Canady Houghton Peterson (MN) alty Act of 1996 (Public Law 104–132), and for CONSTRUCTION Cardin Hoyer Pickett the purchase of passenger motor vehicles for For planning, construction, renovation, Castle Hyde Pomeroy police-type use, as otherwise authorized in equipping and maintenance of buildings and Chapman Jackson (IL) Porter this title, $243,000,000, to remain available facilities necessary for the administration Clay Jackson-Lee Poshard until expended, which shall be derived from Clayton (TX) Pryce and enforcement of the laws relating to im- Clement Jacobs Quinn the Violent Crime Reduction Trust Fund: migration, naturalization, and alien reg- Clyburn Jefferson Rahall Provided, That $71,000,000 shall be derived by istration, not otherwise provided for, Coleman Johnson (CT) Ramstad transfer from Community Oriented Policing $9,841,000, to remain available until ex- Collins (MI) Johnson (SD) Rangel Services, Violent Crime Reduction Pro- pended. Condit Johnson, E. B. Reed grams, for the purpose of providing State FEDERAL PRISON SYSTEM Conyers Johnston Regula and local police officers with equipment, Costello Kanjorski Richardson conveyances, overtime and other expenses SALARIES AND EXPENSES Coyne Kaptur Rivers associated with their participation on drug For expenses necessary for the administra- Cramer Kelly Roemer tion, operation, and maintenance of Federal Cummings Kennedy (MA) Rogers task forces. penal and correctional institutions, includ- Danner Kennedy (RI) Ros-Lehtinen IMMIGRATION AND NATURALIZATION SERVICE Davis Kennelly Rose ing purchase (not to exceed 836, of which 572 de la Garza Kildee Roukema SALARIES AND EXPENSES are for replacement only), and hire of law en- DeFazio King Roybal-Allard For expenses, not otherwise provided for, forcement and passenger motor vehicles; and DeLauro Kleczka Rush necessary for the administration and en- for the provision of technical assistance and Dellums Klink Sabo forcement of the laws relating to immigra- advice on corrections related issues to for- Deutsch Klug Sanders tion, naturalization, and alien registration, eign governments; $2,817,816,000: Provided, Diaz-Balart LaFalce Sawyer Dicks LaHood Saxton including not to exceed $50,000 to meet un- That the Attorney General may transfer to Dingell Lantos Schiff foreseen emergencies of a confidential char- the Health Resources and Services Adminis- Dixon Latham Schroeder acter, to be expended under the direction of, tration such amounts as may be necessary Doggett LaTourette Schumer and to be accounted for solely under the cer- for direct expenditures by that Administra- Dooley Lazio Scott tificate of, the Attorney General; purchase tion for medical relief for inmates of Federal Doyle Leach Serrano for police-type use (not to exceed 2,691, of penal and correctional institutions: Provided Dunn Levin Shays which 1,711 are for replacement only), with- further, That the Director of the Federal Durbin Lewis (CA) Sisisky Edwards Lewis (GA) Skaggs out regard to the general purchase price lim- Prison System (FPS), where necessary, may Ehlers Lipinski Skelton itation for the current fiscal year, and hire enter into contracts with a fiscal agent/fiscal Engel LoBiondo Slaughter of passenger motor vehicles; acquisition, intermediary claims processor to determine Eshoo Lofgren Spratt lease, maintenance and operation of aircraft; the amounts payable to persons who, on be- Evans Longley Stark and research related to immigration enforce- half of the FPS, furnish health services to Farr Lowey Stenholm ment; $1,667,614,000, of which not to exceed individuals committed to the custody of the Fattah Luther Stokes $400,000 for research shall remain available FPS: Provided further, That uniforms may be Fawell Maloney Studds Fields (LA) Manton Stupak until expended; and of which not to exceed purchased without regard to the general pur- Filner Markey Tejeda $10,000,000 shall be available for costs associ- chase price limitation for the current fiscal Flake Martinez Thompson ated with the training program for basic offi- year: Provided further, That not to exceed Flanagan Mascara Thornton cer training, and $5,000,000 is for payments or $6,000 shall be available for official reception Foglietta McCarthy Thurman advances arising out of contractual or reim- and representation expenses: Provided fur- Foley McCollum Torkildsen bursable agreements with State and local ther, That not to exceed $50,000,000 for the ac- Forbes McDermott Torres law enforcement agencies while engaged in tivation of new facilities shall remain avail- Ford McHale Torricelli Fowler McKinney Towns cooperative activities related to immigra- able until September 30, 1998: Provided fur- Fox McNulty Traficant tion; Provided, That none of the funds avail- ther, That of the amounts provided for Con- Frank (MA) Meehan Upton able to the Immigration and Naturalization tract Confinement, not to exceed $20,000,000 Franks (CT) Meek Velazquez Service shall be available to pay any em- shall remain available until expended to July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8193 make payments in advance for grants, con- of 51 cases per person. In 1995 that was In addition, the Mollohan amend- tracts and reimbursable agreements, and up to 122.7 cases per person. So we have ment that just passed reduced the Bu- other expenses authorized by section 501(c) of loaded and loaded and loaded cases on. reau of Prisons by another $45 million. the Refugee Education Assistance Act of Second, we have added all sorts of There is simply no more there. 1980, as amended, for the care and security in the United States of Cuban and Haitian en- things to their work load. Since 1990 we The Bureau of Prisons will open five trants: Provided further, That notwithstand- have passed the Americans With Dis- new prisons this coming year. We built ing section 4(d) of the Service Contract Act abilities Act that the EEOC is to en- five new prisons. They are waiting to of 1965 (41 U.S.C. 353(d)), FPS may enter into force, the Civil Rights Act of 1991, and be opened. Unless we approve the sala- contracts and other agreements with private many other things that we have de- ries and expenses portion out of which entities for periods of not to exceed 3 years ferred to them. At the end of 1995 this my colleague is taking this money, we and 7 additional option years for the confine- agency had a backlog of 96,000 cases. cannot open those prisons. They will ment of Federal prisoners: Provided further, These are people waiting to be treated sit there empty. That the National Institute of Corrections hereafter shall be included in the FPS Sala- equally. This goes to the core of what Is that what the gentlewoman wants? ries and Expenses budget, in the Contract we are talking about. I submit that she should not. Confinement program and shall continue to If we do not pass my amendment, These five new prisons, for example, perform its current functions under 18 U.S.C. what we will be doing is forcing that a high security; that is, maximum se- 4351, et seq., with the exception of its grant agency to cut the personnel that is curity facility in Beaumont, TX; a program and shall collect reimbursement for needed to tend these cases. If we do not medical center in Butner, NC; medium services whenever possible: Provided further, pass this amendment, my colleagues and minimum security prisons in That any unexpended balances available to are going to be going along with the Edgefield, SC; detention facility in Se- the ‘‘National Institute of Corrections’’ ac- management of Mitsubishi. Remember count shall be credited to and merged with attle, WA; and a minimum and low se- this appropriation, to remain available until Mitsubishi who said, ‘‘In your face,’’ curity prison in Elkton, OH. Those new expended. put the people in the bus, they paid prisons will provide over 6,000 new pris- AMENDMENT OFFERED BY MRS. SCHROEDER them to go, they paid them to go to the on beds that are vital to relieve the Mrs. SCHROEDER. Mr. Chairman, I EEOC, and they paid them to be out terrible overcrowding that exists in the offer an amendment. there and just defy people to really en- present prisons, not to mention the The CHAIRMAN. The Clerk will des- force the law. That is shocking in heavy influx of new prisoners that are ignate the amendment. Amercia. expected in 1997. The text of the amendment is as fol- But if this Congress allows this cut, b 1815 lows: we are going to be saying that is OK, that we are going to yield to that kind The activations of some or all of Amendment offered by Mrs. SCHROEDER: of corporate pressure. these prisons would be jeopardized by Page 21, line 9, after the dollar amount, in- the gentlewoman’s amendment. sert the following: ‘‘(reduced by $14,000,000)’’. So I end as I begin. We will have Page 95, line 25, after the dollar amount, given people rights, but they do not Furthermore, the funding level of the insert the following: ‘‘(increased by mean anything because there would EEOC is maintained at 1996 levels, like $13,000,000)’’. not be anybody there to get them a all other regulatory agencies in this Mr. ROGERS. Mr. Chairman, I ask remedy. bill. It is not treated differently. There unanimous consent that all debate on So I really hope Members think are all sorts of regulatory agencies in this amendment and all amendments about this and add this $13 million to this bill that decide people’s rights and thereto close in 20 minutes and that this so we at least hold it equally. obligations. We could start with the the time be equally divided. The Equal Employment Opportunity SEC, the FCC, all of the Justice regu- The CHAIRMAN. Is there objection Commission is basically all salaries, it latory agencies. And portions of the to the request of the gentleman from is all personnel, and we need these peo- Federal courts that are also in this Kentucky? ple to be able to work off this backlog. bill. There was no objection. I bet there is not a Member in this Yes, we do not have enough money to The CHAIRMAN. The gentlewoman room who has not had people complain finance a good portion or all of these from Colorado [Mrs. SCHROEDER] will about the slow attendance to attention agencies, including the EEOC. But I be recognized for 10 minutes in support to sexual harassment cases, to equal say to the Members, we treated them of her amendment, and a Member in opportunity cases, to disability cases fairly. We kept them at level funding opposition will be recognized for 10 because of this huge, huge backlog. in 1996, like all other regulatory agen- minutes. So, Mr. Chairman, I know it is late cies in the bill. Other agencies have The Chair recognizes the gentle- and people want to be done with this, been reduced below 1996 in order to pro- woman from Colorado [Mrs. SCHROE- but if we do not at least hold it equal, vide increases for fighting crime and il- DER]. and again I remind my colleagues this legal aliens on our borders, and drugs. Mrs. SCHROEDER. Mr. Chairman, I does not even bring it up to what the But we held EEOC harmless from those yield myself 3 minutes. administration asked for, I think it reductions. Mr. Chairman, this amendment, I will be shameful. For that reason, Mr. Chairman, I think, is absolutely essential if we are The CHAIRMAN. The time of the urge a ‘‘no’’ vote on this amendment. serious about justice. I truly believe gentlewoman from Colorado [Mrs. Mrs. SCHROEDER. Mr. Chairman, that this body has been guilty of giving SCHROEDER] has expired. will the gentleman yield? people rights but not giving them a Who seeks time in opposition? Mr. ROGERS. I yield to the gentle- remedy, and if we do not give them a Mr. ROGERS. I do, Mr. Chairman. woman from Colorado. remedy, we really have not given them The CHAIRMAN. The gentleman Mrs. SCHROEDER. First of all, Mr. a right. from Kentucky [Mr. ROGERS] is recog- Chairman, let me thank the chairman Now, what am I talking about? nized for 10 minutes in opposition to for his comments, but let me also point This amendment very simply adds the amendment. out two things. My understanding is enough money to the Equal Employ- Mr. ROGERS. Mr. Chairman, I yield this can come easily out of that cat- ment Opportunity Commission that myself such time as I may consume. egory because some of the prisons are they at least will not have to furlough Mr. Chairman, I rise in opposition to not finished yet, so they do not need anybody. It does not bring it anywhere the gentlewoman’s amendment. all the personnel that they thought near what the President requested, it Mr. Chairman, the amendment would they would when the budget was set up. just brings it up from the slashing that take $14 million out of vitally needed Mr. ROGERS. Reclaiming my time, was done by the committee by adding resources to open new prisons. The bill that is just not correct. We already $13 million so we will not have to fur- already reduces the amount requested have reduced the amount they re- lough anybody. for prisons by $70 million because we quested by $70 million, as I said, for Now, why is that important? take into account slippages of activa- that very reason. Some of the prisons Mr. Chairman, in 1990 the Equal Em- tion of new prisons and carryover that were slipping on the opening time. We ployment Commission had an average the Bureau of Prisons has estimated. are accounting for that. We reduced H8194 CONGRESSIONAL RECORD — HOUSE July 23, 1996 their budget by $70 million below what sense for very good and practical rea- Mrs. SCHROEDER. Mr. Chairman, I they wanted. We cannot take any sons. If indeed we believe in our laws, yield the balance of my time to the dis- more. The Mollohan amendment al- we must have a structure for the en- tinguished gentlewoman from the Dis- ready takes $45 million. The gentle- forcement. The EEOC is the structure trict of Columbia, Ms. ELEANOR woman would take another $14 million. that we have committed ourselves to HOLMES NORTON, who at one time head- We simply cannot accept that. We do for the enforcement of all the rights ed the EEOC. not have the money. now that we have put on the books. The CHAIRMAN. The gentlewoman Mrs. SCHROEDER. Mr. Chairman, if To put laws to protect workers in the from the District of Columbia [Ms. the gentleman will continue to yield, I workplace, to put laws to protect NORTON] is recognized for 4 minutes. would disagree with the gentleman, but against discrimination, to put laws Ms. NORTON. Mr. Chairman, I thank let me go one step further. The reason against age discrimination and not the gentlewoman for yielding time to I feel the EEOC is very different from have any mechanism for enforcement me, and for cosponsoring this amend- other regulatory agencies is we have is to say to the American people, ‘‘We ment with me. piled a bigger and bigger workload on really were not serious when we put What we are trying to do here is very them. If we are going to pile a bigger those laws on,’’ or to take the struc- straightforward. The President sees an workload on a regulatory agency but ture away from them. So this amend- emergency at the EEOC. The backlog is treat it the same as SEC when it has a ment allows for us to keep our commit- out of control. He asked for $35 million. 96,000 case backlog, that is wrong. This ment, making sure it is, indeed, en- We have asked for only $13 million. The chairman of the subcommittee goes right to the core of citizenship. forced. Mr. ROGERS. Reclaiming my time, Beyond that, it is also a fiscally re- says that EEOC was left at level fund- ing. The problem is they were left at Mr. Chairman, they have made tremen- sponsible way of enforcing our laws. level funding in 1996, they were left at dous progress in their backlog reduc- What rights do we have? We have the level funding in 1995, and they are tion. I commend them for that. They rights to go into courts. We can ame- being left at level funding now. The law are working hard. I think if we keep liorate these, or we can fine-tune these does not give them the right to leave things as they are, that backlog is for dispute resolutions. It is the EEOC complaints level, however. going to continue to decrease. that does that. Mr. Chairman, we learned of the One, we kept EEOC at level funding, So not only for good constitutional emergency conditions at the EEOC as a and held them harmless from cuts; two, reasons, but also for very practical rea- result of the investigation by some the money would come from the Bu- sons, I ask Members to support this women Members on both sides of the reau of Prisons, and we would not be amendment. aisle of the Mitsubishi case, which able to open the five new prisons that Mrs. SCHROEDER. Mr. Chairman, I broke into the open when the company, we have built, perhaps, next year. yield 1 minute to the gentlewoman for the first time that I know, in his- Mr. Chairman, I urge a ‘‘no’’ vote, from Texas, Ms. SHEILA JACKSON-LEE. tory, led a retaliation against its own (Ms. JACKSON-LEE of Texas asked and I reserve the balance of my time. employees by paying for people to pro- Mrs. SCHROEDER. Mr. Chairman, I and was given permission to revise and test the mere filing of complaints. yield 1 minute to the distinguished extend her remarks.) Mr. Chairman, what we learned was gentlewoman from California [Ms. WA- Ms. JACKSON-LEE of Texas. Mr. that the number of employees had ac- TERS]. Chairman, the good news is, and I tually decreased since I left the com- Ms. WATERS. Mr. Chairman, I thank thank the gentlewoman from Colorado mission, or to quote Chairman the gentlewoman from Colorado for for yielding time to me, the good news Casellas, ‘‘The EEOC has not received yielding to me. is there is a crack in the logjam. The any significant increase in funding Mr. Chairman, this amendment is bad news is that without this amend- since the late 1970’s when it was about putting the money where our ment offered by the gentlewoman from chaired by Delegate Norton.’’ mouths have been. If we ask any Mem- Colorado, we will have a reversing of When I left the EEOC there were 3,390 ber of Congress whether or not they are the progress that has been made by the employees. Now there are 2,813 employ- opposed to sexism, racism, ageism, and EEOC by furloughing employees when ees. They will have a furlough, the discrimination against the disabled, they are most needed. Chairman says, that is what is left of they will all say yes. But rhetoric is They are most needed for cases in- them. Now they will be cutting staff, one thing. If in fact Members are volving discrimination against those closing offices, and turning down cases. against all of these things, they must who are physically challenged. They We are talking about everybody’s dis- ensure that we have the kind of agency are most needed for age discrimination trict, because these complaints come that can investigate the complaint, cases. They are most needed for race from everybody’s district. We are talk- that can take this cases. discrimination cases. They are most ing about setting back the Chair- We have heard the gentlewoman from needed for sexual harassment cases, man’s—Gilbert Casellas, EEOC Chair— Colorado say as of 1995 there are 96,000 and in particular, let us not try to hide very commendable effort to put alter- cases backlogged. The only way we are behind confusion. native dispute resolution into place. going to reduce that caseload is by pro- We know that one of the major cases When I was at the EEOC we used viding the necessary resources to do in this Nation has just gotten before that, and that is how I got rid of the the work. the EEOC. In fact, they have been backlog. This new Chair has come for- The offset makes good sense. The forceful and effective. That is the ward and is making great strides, and prisons are opening later than antici- Mitsubishi case. We should not be we are tying his hands behind him. pated, so they will not need as much afraid of this case, there are such cases When I was at the EEOC I had many money to staff the new prisons as in this Nation, businesses that have more employees, and yet I did not have quickly as was believed in the past. So not remedied voluntarily charges of the large number of sexual harassment if the money is not needed, why put sexual harassment against women in complaints, thousands and thousands money over there when it will not be the workplace. of such complaints; I did not have the utilized, it will not be used? Put the Why are we not undermining the Americans With Disabilities Act. That money into EEOC. Make sure that we EEOC when we most need them? It is act has almost nothing in common address the problems of racism, sexism, clearly important that people in Amer- with other EEOC complaints, and ageism, and take care of the disabled. ica find that their Government is con- EEOC must develop a brand new meth- Mrs. SCHROEDER. Mr. Chairman, I cerned about equal opportunity, and odology. I did not have the Civil Rights yield 1 minute to the gentlewoman that the Government has the real re- Act of 1991, which essentially was a re- from North Carolina [Mrs. CLAYTON]. sources to fight discrimination. write of the statute. (Mrs. CLAYTON asked and was given Mr. Chairman, I would simply say Mr. Chairman, we may disagree on permission to revise and extend her re- this is a good amendment. It does not civil rights matters. Some of us are for marks.) make us soft on crime, it makes the affirmative action, some of us oppose Mrs. CLAYTON. Mr. Chairman, this workplaces of America free of discrimi- it. Some of us are for goals and time- amendment makes abundantly good nation the way it should be! tables, others oppose it. But everyone July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8195 in this body believes in the right to file the five brand new prisons that are amendment offered by the gentle- a complaint when there has been sex- ready to open in 1997. They would sit woman from Colorado [Mrs. SCHROE- ual discrimination, race discrimina- there empty, gleaming behemoths, DER]. tion, discrimination based on religion. empty of the prisoners that are crowd- The question was taken; and the To vote against this increase is to ed in other prisons in this country. Chairman announced that the ayes ap- vote for sexual harassment, to vote for b 1830 peared to have it. Mitsubishi. The fastest growing com- Mr. ROGERS. Mr. Chairman, I de- plaints at EEOC are, first, sex discrimi- We would be in violation perhaps of mand a recorded vote. nation complaints, and then retalia- the Constitution and the Supreme The CHAIRMAN pro tempore. Pursu- tion complaints. The EEOC is 100,000 Court’s edicts on overcrowding if we ant to House Resolution 479, further cases down. In a bipartisan way they did not occupy these prisons that we proceedings on the amendment offered now have an approach. The chairman have spent hundreds of millions of dol- by the gentlewoman from Colorado of the subcommittee himself admits lars to build. Please do not take that [Mrs. SCHROEDER] will be postponed. they are moving forward. The amount money. There is hardly anything more Are there further amendments to in this appropriation will move them important than relieving the over- this portion of the bill? backward. They are helping them- crowded Federal prisons we have and If not, the Clerk will read. selves. We must not leave them alone. not being able to house the new pris- The Clerk read as follows: What we have done for the last sev- oners that will be entering prison this VIOLENT CRIME REDUCTION PROGRAMS eral years is to defund EEOC at a time year. These are convicted murderers For substance abuse treatment in Federal when women, very frankly, are press- and drug dealers and all sorts of hei- prisons as authorized by section 32001(e) of ing the agency beyond its capability. nous crimes that we need space for in the Violent Crime Control and Law Enforce- Do not kill the EEOC. This is the time these prisons. I urge the Committee ment Act of 1994 (Public Law 103–322), as amended, $25,224,000, to remain available for Members who may be voting and all the Members to reject this amendment. until expended, which shall be derived from against us on civil rights measure after the Violent Crime Reduction Trust Fund. Mrs. MORELLA. Mr. Chairman, I rise to civil rights measure to stand up and BUILDINGS AND FACILITIES urge my colleagues to support the Schroeder say, When it comes to whether or not For planning, acquisition of sites and con- people in my district can go down and amendment to increase the budget for the struction of new facilities, leasing the Okla- file a complaint of age discrimination Equal Employment Opportunity Commission homa City Airport Trust Facility; purchase at a time of downsizing of the Govern- [EEOC] by $13 million. and acquisition of facilities and remodeling, ment, I’ll be darned, I’m going to give Under this appropriations bill, the EEOC and equipping of such facilities for penal and these folks enough money to process would get approximately the same amount of correctional use, including all necessary ex- those complaints. money that it received in the fiscal year 1996 penses incident thereto, by contract or force This $13 million will not hurt the Bu- appropriations bill. While that may seem ade- account; and constructing, remodeling, and equipping necessary buildings and facilities reau of Prisons one jot or tittle. We quate, it is not enough to allow the EEOC to continue its operations without making serious at existing penal and correctional institu- can count on them to be behind in con- tions, including all necessary expenses inci- struction. Please help the EEOC. Vote cutbacks that will hamper the effectiveness of dent thereto, by contract or force account; for this small increase. the agency. $395,700,000, to remain available until ex- Mr. ROGERS. Mr. Chairman, I yield Each year, the Commission receives an un- pended, of which not to exceed $14,074,000 myself the balance of my time. precedented number of complaints from the shall be available to construct areas for in- The CHAIRMAN. The gentleman private sector. When the present Commis- mate work programs: Provided, That labor of from Kentucky [Mr. ROGERS] is recog- sioner, Gilbert Casellas, took over in 1994, United States prisoners may be used for nized for 5 minutes. there was a backlog of more than 100,000 work performed under this appropriation: Mr. ROGERS. Mr. Chairman, we cases. There still is a backlog, because EEOC Provided further, That not to exceed 10 per- cent of the funds appropriated to ‘‘Buildings would think that, from the debate from is understaffed and underfunded. Keeping the and Facilities’’ in this Act or any other Act the other side, that we were shutting agency's funding at the same level as last may be transferred to ‘‘Salaries and Ex- down the Equal Employment Oppor- year will force an agencywide furlough and penses’’, Federal Prison System, upon notifi- tunity Commission. As I have said be- may necessitate the closing of some field of- cation by the Attorney General to the Com- fore, we give the EEOC the same fices, increasing the already overwhelming mittees on Appropriations of the House of amount of money in this bill as they backlog of cases. Representatives and the Senate in compli- have this year. They are making great From October 1994 through the first half of ance with provisions set forth in section 605 progress on working off their backlog. this year, the EEOC resolved 518 lawsuits and of this Act: Provided further, That of the total amount appropriated, not to exceed I see no reason why that will not con- achieved a number of highly visible suc- $36,570,000 shall be available for the renova- tinue with the funding that is cesses. The agency was responsible for the tion and construction of United States Mar- provieded in this bill. largest sexual harassment settlementÐ$18.25 shals Service prisoner-holding facilities. So they have adequate funding, while millionÐagainst Del Laboratories of Long Is- FEDERAL PRISON INDUSTRIES, INCORPORATED we cut practically every other agency land, NY. In 1995, the EEOC prevailed in its The Federal Prison Industries, Incor- in this bill. Ask the State Department, first trial involving a male being subjected to porated, is hereby authorized to make such ask the Commerce Department, ask harassment by a female. The court ordered expenditures, within the limits of funds and every agency, practically, within both Domino's to pay damages of $237,000 to a borrowing authority available, and in accord of those organizations, that have been male worker who had been harassed by his with the law, and to make such contracts cut. They did not get requested fund- immediate supervisor. and commitments, without regard to fiscal ing, they were slashed in order for us Recently, the EEOC has authorized partici- year limitations as provided by section 9104 of title 31, United States Code, as may be to find money to keep agencies like the pation in a class action sexual harassment necessary in carrying out the program set EEOC operating at uncut levels. So the lawsuit against Mitsubishi Motors Manufactur- forth in the budget for the current fiscal EEOC has adequate funding. We made ing of America which has the potential to be year for such corporation, including pur- sure of that in this bill. the largest sexual harassment litigation case chase of (not to exceed five for replacement No, they did not get an increase, but in U.S. history. However, if EEOC is inad- only), and hire of passenger motor vehicles. hardly anyone else did. But we think equately funded, the agency will be unable to LIMITATION ON ADMINISTRATIVE EXPENSES, the money is adequate to satisfy the pursue the case against Mitsubishi, and thou- FEDERAL PRISON INDUSTRIES, INCORPORATED demand placed upon the EEOC so peo- sands of other cases will fall by the wayside, Not to exceed $3,042,000 of the funds of the ple will get reasonably adequate cov- unresolved. corporation shall be available for its admin- erage. I urge my colleagues to support the Schroe- istrative expenses, and for services as au- Mr. Chairman, where does the money der amendment which will allow the EEOC to thorized by 5 U.S.C. 3109, to be computed on come from if the amendment passes? an accrual basis to be determined in accord- continue to address the problems of discrimi- ance with the corporation’s current pre- Again, let me emphasize, they would nation and sexual harassment that still exist in scribed accounting system, and such take money from the Bureau of Prisons the American marketplace. amounts shall be exclusive of depreciation, salaries and expenses account. That The CHAIRMAN pro tempore (Mr. payment of claims, and expenditures which would keep us from possibly opening LAHOOD). The question is on the the said accounting system requires to be H8196 CONGRESSIONAL RECORD — HOUSE July 23, 1996 capitalized or charged to cost of commod- an accident, we cannot shut our eyes and this bill should set aside $20 mil- ities acquired or produced, including selling and hope this threat will go away. lion. That would be my ideal. and shipping expenses, and expenses in con- There will be a next time, and we must For that reason I would urge my col- nection with acquisition, construction, oper- be ready. leagues to support the Schumer-Schiff ation, maintenance, improvement, protec- amendment and keep our promises on tion, or disposition of facilities and other In everything that we do to fight ter- property belonging to the corporation or in rorism, technology is a crucial tool. the terrorism bill. which it has an interest. The current investigation of Flight AMENDMENT OFFERED BY MR. ROGERS AS A SUBSTITUTE FOR THE AMENDMENT OFFERED OFFICE OF JUSTICE PROGRAMS 800’s crash involves sonar, chemical testing of residue, and computer sim- BY MR. SCHUMER JUSTICE ASSISTANCE Mr. ROGERS. Mr. Chairman, I rise in For grants, contracts, cooperative agree- ulations programmed to match the pat- terns of debris on the ocean floor. opposition to the gentleman’s amend- ments, and other assistance authorized by ment, I offer an amendment as a sub- title I of the Omnibus Crime Control and We can be using that same sophisti- Safe Streets Act of 1968, as amended, and the cated technology to stop terrorism be- stitute for the amendment, and I ask Missing Children’s Assistance Act, as amend- fore it happens. We simply must decide unanimous consent that the amend- ed, including salaries and expenses in con- to make funding for research and de- ment offered as a substitute for the nection therewith, and with the Victims of velopment a priority and then stick to amendment be considered as read and Crime Act of 1984, as amended, $100,000,000, to that promise. printed in the RECORD. remain available until expended, as author- Here are just a few examples of tech- The CHAIRMAN pro tempore. Is ized by section 1001 of title I of the Omnibus nology we could help develop with this there objection to the request of the Crime Control and Safe Streets Act, as gentleman from Kentucky? amended by Public Law 102–534 (106 Stat. money: New bomb detection systems that There was no objection. 3524). The text of the amendment offered as could be deployed in airports, govern- AMENDMENT OFFERED BY MR. SCHUMER a substitute for the amendment is as ment buildings and other high threat Mr. SCHUMER. Mr. Chairman, I offer follows: an amendment. facilities. Specially strengthened cargo holds Amendment offered by Mr. ROGERS as a The Clerk read as follows: substitute for the amendment offered by Mr. on airplanes that could partially or Amendment offered by Mr. SCHUMER: SCHUMER: Page 25, line 17, after the dollar amount, even completely contain the percussive On page 25, line 20, at the end of the para- insert the following: ‘‘(increased by impact of an explosion. Imagine, hav- graph and before the period, insert the fol- $20,000,000)’’. ing an airplane be safe from any explo- lowing: ‘‘: Provided, That of the amount Page 84, line 21, after the dollar amount, sion that might go off in its cargo bay. made available from the local law enforce- insert the following: ‘‘(reduced by More sensitive sensors and registers ment block grant for technology programs, $20,000,000)’’. to measure and specifically identify $10,000,000 shall be available for programs Mr. SCHUMER. Mr. Chairman, before chemical or biological agents that under section 820 and section 821 of the I proceed, we may have a substitute Antiterrorism and Effective Death Penalty could be used by terrorists. Act of 1996 (Public Law 104–132).’’ within a few minutes coming from the It is not that far away. We can, if we Mr. ROGERS. Mr. Chairman, what gentleman from Kentucky, which has put a little money and a little effort in, the substitute does and it has been dis- been agreed to; but awaiting that sub- actually come up with detection sys- cussed with the gentleman from New stitute, I will explain what this amend- tems that would stop the worst tools York [Mr. SCHUMER] and the gentleman ment does and then it will be obvious that terrorists use against us, and from New Mexico [Mr. SCHIFF], is pro- what the substitute does. technology to enter buildings silently vide $10 million rather than $20 million This amendment is a very straight- so that SWAT teams can quickly and for counterterrorism technology and forward one, Mr. Chairman. When we silently deal with hostage situations. take it out of the $20 million that is al- passed the terrorism bill into law 3 Any one of these advances would give ready available for technology pro- months ago, we authorized $20 million us fantastic new tools to fight terror- grams under the local law enforcement in funds for research and development ism. Experts believe all of them might block grant that is already in the bill. of new technology that would help us be feasible if we are willing to devote This is a sensible way to do it. in our fight against terrorism. The some resources to them. Obviously there is a recognized need amendment which I am offering with Mr. Chairman, I suspect someone for this money. Both the fiscal year my friend, the gentleman from New might say that $20 million is too much 1996 bill and this bill already include, Mexico [Mr. SCHIFF], simply imple- money to spend on this research, but as I said, a $20 million increase for Na- ments that plan in this appropriations let us get a little perspective on this. tional Institute of Justice programs measure. Every year the Pentagon spends about from the local law enforcement block When I first planned this amend- $35 billion, that is billion with a B, to grant program. That is a 67-percent in- ment, Mr. Chairman, I had no idea we fund R&D technology to fight enemies crease, by the way, for NIJ technology would be debating in the shadow of a in other countries. Under this amend- programs. tragedy like the crash of TWA Flight ment we still will not even spend $25 As the gentleman is aware, this $20 800. We still do not know for sure what million on technology to protect us million was an unexpected windfall for caused that disaster but the specula- from terrorists. the NIJ as a result of the manner in tion about possible terrorism only Someone else might say that the bill which the law enforcement block grant strengthens the principal reason to before us already provides $50 million formula was drafted. This money is support this amendment. Simply put, for research and that is true, but none available for a variety of technology America faces an increasing threat of that money is specifically dedicated initiatives, including terrorism-related from terrorism within our borders and to antiterrorism. About 40 percent is technology. We ensure in this sub- we are not as well prepared as we earmarked for some other purpose. And stitute by providing language, that $10 should be. much of it will go to policy studies million of these funds will be used for The World Trade Center bombing that, while valuable, have nothing to terrorism. We will ensure that the showed us how easy it is to launch a do with technology or terrorism. money is available. terrorist attack in our country and the In short, Mr. Chairman, we need a Mr. Chairman, this substitute would tragedy in Oklahoma City reminded us concerted national effort to develop provide that $10 million out of the $20 that a terrorist can strike in any city antiterrorism technology, not a token million that is available for technology on any day. The recent attack in Saudi effort. We need a Manhattan project, programs from the local law enforce- Arabia proved that even when you are not Mr. Wizard’s junior high school ment block grant program will be anticipating an attack, terrorists can fair. available for counterterrorism. We still strike. The new terrorism law was only the agree to it and think it is a good idea. Whatever the cause of last week’s first step in our efforts to make Ameri- Mr. SCHUMER. Mr. Chairman, will crash off Long Island, the speculation cans safer. We should make sure that the gentleman yield? underscores once more how vulnerable we do something with that proposal. Mr. ROGERS. I yield to the gen- we are. Whether this was a bombing or The terrorism bill set aside $20 million tleman from New York. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8197 Mr. SCHUMER. Mr. Chairman, as I would simply ensure that $10 million of b 1845 understand the gentleman’s amend- that must go for this purpose. I have been calling this a win-win- ment, there is $50 million for this OJP Ms. HARMAN. Mr. Chairman, I move win. It is a win for the defense sector, block grant account, some of it is ear- to strike the last word. which has new markets to sell into. It marked, but out of $20 million that is Mr. Chairman, I want to join this is a win for law enforcement, which has not earmarked, statutorily we require very polite and bipartisan debate in much better tools. And it is a win for that $10 million go to this favor of more technology spent on law the public, which is much safer. antiterrorism effort; is that correct? enforcement, in this case specifically So I think this compromise, biparti- Mr. ROGERS. The gentleman is cor- to fight terrorism. I would commend san amendment puts us $10 million rect. the bill’s sponsor for the plus-up in NIJ closer to better solutions. Maybe it is Mr. SCHUMER. If the gentleman will technology programs. I think that also a small gesture to the families of continue to yield, that would mean moves us in the right direction. I would those who tragically lost their lives on that nothing could get in the way of point out to my colleagues that the the TWA plane to Paris, those lives this $10 million, I presume? NIJ now commits substantial funding may not have been lost in vain. This Mr. ROGERS. I think it is pretty to something that is very important: Congress appreciates the magnitude of plain. making defense technology available the loss, and we are working as hard as Mr. SCHUMER. I thank the gen- for law enforcement purposes. we can to prevent another one. tleman. It has probably occurred to the spon- Mr. SCHIFF. Mr. Chairman, I move One other thing I would ask the gen- sors of this bipartisan compromise to strike the last word. tleman, just given his knowledge, given amendment that there is much to learn Mr. Chairman, I rise for two reasons. the fact that the Senate will allocate a from the defense sector that might im- First of all, I did not get a chance ear- larger amount of money, it is pretty pact positively on our fight against lier and I wanted to say now that I ex- certain that in the conference we urban terrorism. That is why numbers press my commendation to the gen- would get at least this $10 million if of us on the Committee on National Se- tleman from Kentucky, Chairman ROG- the Senate on this specific account al- curity joined together to introduce leg- ERS, to the gentleman from West Vir- locates a larger amount of money for islation that is partially addressed by ginia, Mr. MOLLOHAN, to all the mem- this; is that a good guess? I am not an amendment earlier today offered by bers of the appropriations subcommit- asking the gentleman for a commit- the gentleman from New York [Mr. tee for the fine job they did with re- ment. SCHUMER] and partially addressed by spect to this appropriations bill. Al- Mr. ROGERS. Let me get this this amendment. though I do not think it has been dis- straight. Is the gentleman asking me Let me say that the gentleman from cussed at length, there is significant to guess what the Senate is going to do New York just talked about the dispar- funding for agencies like the FBI, the on this? ity between funds spent on defense DEA and for the U.S. attorneys who Mr. SCHUMER. No. I am asking what R&D, approximately $35 billion, with a prosecute criminal offenses. the gentleman is going to do in con- B, versus funds spent on efforts for As a former career prosecutor, I have ference if the Senate puts a higher R&D in the law enforcement sector, to say I had an enduring frustration amount in there. which he pointed out are in the mil- with legislative bodies that would pass Mr. ROGERS. We will do the right lions of dollars. I hope that we will new law after new law against crime thing. share more of that $35 billion in de- and tougher penalties and all that but Mr. SCHUMER. I trust the gen- fense R&D money, which I fully sup- would not provide the resources to en- tleman will do the right thing, and I port, with the law enforcement effort force those laws. So it would sound like appreciate that. and would point out that many of the great rhetoric and you could go back to Mr. Chairman, I would just like to your constituents and say: Look what I say that this is an amendment that the things that the gentleman from New York [Mr. SCHUMER] listed as possible have done to fight crime. And it had gentleman from New Mexico and I little meaning if there was not enough worked on and the fact that we can derivatives of the expenditure of law enforcement R&D moneys, may be ef- money put behind the system to bring come to an amiable agreement. I want an effect to those few criminal statutes to thank the gentleman from Kentucky fectively provided for by technologies developed in the defense sector. and higher penalties. and the gentleman from West Virginia The subcommittee of the gentleman Mr. SCHUMER. Mr. Chairman, will for helping facilitate that. from Kentucky, Chairman ROGERS, I the gentlewoman yield? Mr. SCHIFF. Mr. Chairman, will the think, has very strenuously labored to gentleman yield? Ms. HARMAN. I yield to the gen- recognize that problem to meet the Mr. ROGERS. I yield to the gen- tleman from New York. goals of adequate funding for law en- tleman from New Mexico. Mr. SCHUMER. Mr. Chairman, I forcement. With that having been said Mr. SCHIFF. I thank the gentleman think the gentlewoman is exactly generally, I want to say on the specif- for yielding. I want to say I have right. Some of this money would well ics, I think that we are now of one worked with the gentleman from new be used to take all the research, the mind to try to direct $10 million to- York and with the chairman too. He formidable research that is done under ward specifically antiterrorism re- has been very gracious in this matter the Defense Department and translate search. Of all the law enforcement du- and I appreciate it. it into civilian uses which could make ties of the Federal Government, it I wonder if the chairman would just us all safer. seems to me that antiterrorism is say again, the $10 million the chairman Ms. HARMAN. Hear, hear. Reclaim- among the highest because clearly that is proposing for antiterrorism research ing my time, I would say that I ap- is an area that needs Federal interven- and development, that is going to come plaud what he said and point out to my tion and cannot simply be done city by out of the $30 million that is not ear- colleagues that we have established city and State by State. marked in the NIJ budget? over the past few years law technology I want to say to Chairman ROGERS Mr. ROGERS. The gentleman is cor- centers around the country. There are that I personally will support the rect. five of them. One of them is in New amendment that he has offered. Mr. SCHIFF. But that means that York. Another of them is in southern Mr. SCHUMER. Mr. Chairman, will some other programs that NIJ had California located in El Segundo, CA, the gentleman yield? funded might not be funded, then? Be- in my district. What these centers do is Mr. SCHIFF. I yield to the gentleman cause $30 million was their last year’s to canvas what defense technologies from New York. budget. are available and then figure out Mr. SCHUMER. Mr. Chairman, I Mr. ROGERS. They have a huge in- whether there are law enforcement ap- want to commend the gentleman for crease. This will not be a problem. plications that would be useful and his leadership on the issue. He worked There is $20 million in the bill for tech- help generate a market for the develop- hard on this in the antiterrorism pro- nology programs and $10 million relat- ment of those technologies for law en- posal, the authorization, and the com- ed to anti-terrorism. This amendment forcement. promise that we have reached here is H8198 CONGRESSIONAL RECORD — HOUSE July 23, 1996 not as much money as we would want we would describe as experts, but when The Schiff-Schroeder amendment but it is real money and it is there. It we talk to the experts, obviously the puts money that the Congress has al- will give us a good start. I want to key to stopping terrorism is to get it ready authorized for counter-terrorism thank the gentleman for his leadership right at its root, where it exists. research into the hands of our law en- on it. I think that being aware of the fact forcement technology experts. This Mrs. MALONEY. Mr. Chairman, I that we are in this war and in this bat- amendment would tell them to acceler- move to strike the requisite number of tle can remove some of the fear and re- ate the good work they are doing on words. place the fear with a steely resolve explosive detection and weapons detec- Mr. Chairman, tragedy hit close to that America will not tolerate this tion. This is a race for a vaccine—a home last week for my family when kind of brutal violence against its citi- vaccine against terrorism. one of our neighbors on our block fell zens and that the citizens of the civ- This Congress has done a remarkable victim to the crash of TWA flight 800. ilized world, the leaders of the civilized job of beefing up law enforcement tech- Let us be clear, we do not know wheth- world are going to have to band to- nology. It has been one area where par- er or not terrorism was the cause, but, gether, take very tough action to let tisanship has not infiltrated. I’m proud either way, the crash is one more the terrorist outlaws around the world to have worked with Mr. SCHIFF, Mr. wake-up call that terrorism can happen know that they are not safe. They are MCCOLLUM, and Mr. BOEHLERT, and Mr. in America. We must all take care not not safe anywhere because civilized SCHUMER to craft this bipartisan initia- to politicize this tragedy, but we must people on this globe cannot tolerate tive to update law enforcement with also not forget that we made a promise this kind of wanton violence. the best technology available. This to the American people when we en- This is just one small step. I think amendment is part of that effort. It’s acted the antiterrorism bill to develop we have taken a number of steps over good for America’s safety. Please sup- more advanced bomb detection sys- the last several years to fund the kind port it. tems, stronger cargo holds on air- of programs we need to fund in order to Ms. JACKSON-LEE of Texas. Mr. planes, more sensitive sensors to iden- have the kind of surveillance and intel- Chairman, I move to strike the last tify biological and chemical agents, ligence that we need. word. and new technology that will allow our I want to compliment the gentleman Mr. Chairman, this is bipartisanship swat teams to enter buildings silently from New York [Mr. SCHUMER], my at its best. We have had a very somber and deal with hostage situations more friend. I want to compliment the gen- week, and it would be certainly inap- quickly. tleman from New Mexico [Mr. SCHIFF] propriate for any of us to come to this The Schumer-Schiff amendment and also the gentleman from Kentucky House and this time to seek oppor- makes sure we have some of the fund- [Mr. ROGERS] for their interest in this. tunity. This legislation and amend- ing that is necessary to fulfill this Frankly, I think this Congress needs to ment proposed by the gentleman from do its own assessment of all the var- promise. If we can afford the space sta- New York [Mr. SCHUMER] and the gen- ious agencies involved in tion or star wars, I know we can afford tleman from New Mexico [Mr. SCHIFF] counterterrorism. Are we in fact doing $10 million more to protect ourselves answers and begins to answer an effort as well as we can be doing? against a real danger within our to make our country safe and our citi- I have questions in my mind and I am zens safer. shores, terrorism. sure many Members have questions in This amendment alone is not the an- I rise in support of this amendment their minds about this, but I do not swer to terrorism. We need to do much in order to ensure that we begin what think there is anything that is a higher more. My colleagues from New York has to be a long progress or a long jour- priority for our country than to win and New Mexico have been fighting for ney, and that journey includes securing the war or to wage the war, maybe we more money and for this cause all year, large and open areas where citizens can never win the war, but to wage the but this amendment is one large step find themselves open and unprotected. war against terrorism for all the inno- in the right direction. Let us not wait The monies that will be allowed will cent people that frankly need to be for the next wake-up call, the next help us have new bomb detection sys- stood up for. tragedy without enacting it. I strongly Mrs. SCHROEDER. Mr. Chairman, I tems that can be used in high-threat support the Schumer-Schiff amend- rise in support of the Schiff-Schumer facilities. That includes airports and ment and I commend both of the gen- amendment. Federal buildings, especially strength- tleman for their hard work on this Good technology is an important key ening cargo holds on airplanes. amendment. to a successful counterterrorism pol- It makes more sensitive sensors to Mr. KASICH. Mr. Chairman, will the icy. measure and identify chemical or bio- gentlewoman yield? Look at how the Wall Street Journal logical agents that could be used by Mrs. MALONEY. I yield to the gen- characterized our antiterrorism effort terrorists. It also provides in the tech- tleman from Ohio. in their headlines yesterday: nology to interbuild them silently so Mr. KASICH. Mr. Chairman, I just Despite Tough Words, Antiterrorism Effort that SWAT teams can deal with hos- wanted to take a moment to com- in U.S. is Still Flawed—Political, Legal Con- tage situations quietly and silently. It pliment the Members that are on the straints, Old Technology Hinder FBI as is appropriate as we look at appropriat- floor here today because I think it is Threat Grows. ing for the Department of Justice that becoming painfully obvious in 1996, This amendment today is about cor- we also ensure that it has the highest something that has been obvious to a recting one of those flaws—old tech- level of technology, as we have begun number of us for many, many years, nology. to recognize that the important role of that unfortunately we are engaged in a The money in the Schiff amendment this government is to provide for the war against people around this globe is crucial to the United States effort to safety of its citizens, wherever they who are simply interested in targeting research and develop explosive detec- might be. Americans, who are simply interested tion and weapons detection devices Mr. Chairman, I thank the gentleman in spreading terror to make political that can be applied to prevent terror- from Kentucky [Mr. ROGERS] for his ef- statements, trying to break down soci- ism from occuring. forts on behalf of this amendment. I ety frankly as we understand it, know We have to be smarter than the ter- would hope that we would find this it, and love it in the United States of rorists. We have the technological ca- amendment again being the first step America. pability to outsmart them. There are to what has to be a very, very long I think, frankly, the frightening mes- several technologies in the pipeline on journey, more technology and more sage to Americans is that we in fact, explosive detection and weapons detec- dollars to wage the fight against ter- innocent men, women, and children in tion that are more than promising— rorism, both in this Nation but as well this country, are targets of some of they are probable. around the world. these terrorists. I think that what is But we need to get money to NIJ to The CHAIRMAN. The question is on critically important for those who have speed up the process of getting them to the amendment offered by the gen- looked at these issues, and I do not a point where law enforcement officers tleman from Kentucky [Mr. ROGERS] as know that we have many Members that can use them. a substitute for the amendment offered July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8199 by the gentleman from New York [Mr. Law Enforcement Assistant Programs; of The Clerk read as follows: SCHUMER]. which $330,000,000 shall be for the State Amendment offered by Mr. SCOTT: Page 26, The amendment offered as a sub- Criminal Alien Assistance Program, as au- line 20, after the dollar amount, insert ‘‘(re- stitute for the amendment was agreed thorized by section 242(j) of the Immigration duced by $497,500,000)’’. and Nationality Act, as amended; of which to. Page 28, line 6, after the dollar amount, in- $680,000,000 shall be for Violent Offender In- sert the following: ‘‘(reduced by The CHAIRMAN. The question is on carceration and Truth in Sentencing Incen- the amendment offered by the gen- $497,500,000)’’. tive Grants pursuant to subtitle A of title II Page 33, line 10, after the dollar amount, tleman from New York [Mr. SCHUMER] of the 1994 Act, of which $170,000,000 shall be insert the following: ‘‘(increased by as amended. available for payments to States for incar- $497,500,000)’’. The amendment, as amended, was ceration of criminal aliens, and of which Page 33, line 22, after the dollar amount, agreed to. $12,500,000 shall be available for the Coopera- insert the following: ‘‘(increased by The CHAIRMAN. The Clerk will read. tive Agreement Program; of which $6,000,000 $497,500,000)’’. shall be for the Court Appointed Special Ad- The Clerk read as follows: vocate Program, as authorized by section 218 Mr. ROGERS. Mr. Chairman, I ask STATE AND LOCAL LAW ENFORCEMENT of the 1990 Act; of which $1,000,000 shall be for unanimous consent that all debate on ASSISTANCE Child Abuse Training Programs for Judicial this amendment and all amendments For grants, contracts, cooperative agree- Personnel and Practitioners, as authorized thereto close in 20 minutes and the ments, and other assistance authorized by by section 224 of the 1990 Act; of which time be equally divided. part E of title I of the Omnibus Crime Con- $145,000,000 shall be for Grants to Combat Vi- The CHAIRMAN. Is there objection trol and Safe Streets Act of 1968, as amend- olence Against Women to States, units of to the request of the gentleman from ed, for State and Local Narcotics Control local government and Indian tribal govern- and Justice Assistance Improvements, not- ments, as authorized by section 1001(a)(18) of Kentucky? withstanding the provisions of section 511 of the 1968 Act; of which $33,000,000 shall be for There was no objection. said Act, $315,000,000, to remain available Grants to Encourage Arrest Policies to The CHAIRMAN. The gentleman until expended, as authorized by section 1001 States, units of local government, and Indian from Virginia [Mr. SCOTT] and a Mem- of title I of said Act, as amended by Public tribal governments, as authorized by section ber opposed, each will control 10 min- Law 102–534 (106 Stat. 3524), of which 1001(a)(19) of the 1968 Act; of which $8,000,000 utes. $60,000,000 shall be available to carry out the shall be for Rural Domestic Violence and The Chair recognizes the gentleman provisions of chapter A of subpart 2 of part E Child Abuse Enforcement Assistance Grants from Virginia [Mr. SCOTT]. of title I of said Act, for discretionary grants as authorized by section 40295 of the 1994 Act; under the Edward Byrne Memorial State and of which $1,000,000 shall be for training pro- Mr. SCOTT. Mr. Chairman, I yield Local Law Enforcement Assistance Pro- grams to assist probation and parole officers myself such time as I may consume. grams. who work with released sex offenders, as au- Mr. Chairman, this amendment VIOLENT CRIME REDUCTION PROGRAMS, STATE thorized by section 40152(c) of the 1994 Act; of transfers $497,500,000 from the Prison AND LOCAL LAW ENFORCEMENT ASSISTANCE which $550,000 shall be for grants for tele- Grant Program under this bill to the For assistance (including amounts for ad- vised testimony, as authorized by section Incentive Grants for local delinquency ministrative costs for management and ad- 1001(a)(7) of the 1968 Act; of which $1,750,000 prevention programs, also funded under ministration, which amounts shall be trans- shall be for national stalker and domestic vi- the bill. It is drawn so that it will not ferred to and merged with the ‘‘Justice As- olence reduction, as authorized by section affect money for State criminal alien 40603 of the 1994 Act; of which $35,000,000 shall sistance’’ account) authorized by the Violent incarceration or money for the cooper- Crime Control and Law Enforcement Act of be for grants for residential substance abuse treatment for State prisoners as authorized ative agreement program funded under 1994 (Public Law 103–322), as amended (‘‘the this section. 1994 Act’’); the Omnibus Crime Control and by section 1001(a)(17) of the 1968 Act; of Safe Streets Act of 1968, as amended (‘‘the which $3,000,000 shall be for grants to States Mr. Chairman, this Nation spends 1968 Act’’); and the Victims of Child Abuse and units of local government for projects to tens of billions of dollars every year Act of 1990, as amended (‘‘the 1990 Act’’); improve DNA analysis, as authorized by sec- addressing crime after it has already $2,119,900,000, to remain available until ex- tion 1001(a)(22) of the 1968 Act; of which been committed. In the last 15 years, pended, which shall be derived from the Vio- $1,000,000 shall be for Law Enforcement Fam- the number of inmates in State and ily Support Programs, as authorized by sec- lent Crime Reduction Trust Fund; of which Federal prisons more than tripled, $571,000,000 shall be for Local Law Enforce- tion 1001(a)(21) of the 1968 Act; of which $900,000 shall be for the Missing Alzheimer’s from 319,000 in 1980 to over one million ment Block Grants, pursuant to H.R. 728 as in 1994. During the same period, the passed by the House of Representatives on Disease Patient Alert Program, as author- February 14, 1995, except that for purposes of ized by section 240001(c) of the 1994 Act; of population in local jails increased 165 this Act, the Commonwealth of Puerto Rico which $500,000 shall be for Motor Vehicle percent, while the United States popu- shall be considered a ‘‘unit of local govern- Theft Prevention Programs, as authorized by lation increased just 15 percent. ment’’ as well as a ‘‘State’’, for the purposes section 220002(h) of the 1994 Act; of which As a result of these sharp increases set forth in paragraphs (A), (B), (D), (F), and $5,000,000 shall be for State Courts Assistance in incarceration, the United States has Grants, as authorized by section 210602 of the (I) of section 101(a)(2) of H.R. 728 and for es- become the most prolific incarcerator tablishing crime prevention programs in- 1994 Act; of which $200,000 shall be for a Na- tional Baseline Study on Campus Sexual As- in the world. The average incarceration volving cooperation between community rate, internationally, is about 100 per- residents and law enforcement personnel in sault, as authorized by section 40506(e) of the order to control, detect, or investigate crime 1994 Act; and of which $2,000,000 shall be for cent 100,000 population. The United or the prosecution of criminals: Provided, public awareness programs addressing mar- States already locks up over 500 per That no funds provided under this heading keting seams aimed at senior citizens, as au- 100,000 population, and in inner cities, may be used as matching funds for any other thorized by section 250005(3) of the 1994 Act: the rate goes over 3,000 per 100,000. Yet, Federal grant program: Provided further, Provided further, That funds made available the crime rate has not abated and That notwithstanding any other provision of in fiscal year 1997 under subpart 1 of part E of title I of the Omnibus Crime Control and crime remains one of the top concerns this title, the Attorney General may transfer of the American public. up to $18,000,000 of this amount for drug Safe Streets Act of 1968, as amended, may be courts pursuant to title V of the 1994 Act, obligated for programs to assist States in b 1900 consistent with the reprogramming proce- the litigation processing of death penalty Federal habeas corpus petitions and for drug We now have experience as well as re- dures outlined in section 605 of this Act: Pro- search that shows that increasing in- vided further, That funds may also be used to testing initiatives: Provided further, That any defray the costs of indemnification insur- 1996 balances for these programs shall be carceration after a point has no effect ance for law enforcement officers; of which transferred to and merged with this appro- on reducing crime. We have long passed $50,000,000 shall be for grants to upgrade priation: Provided further, That if a unit of that point. At the same time we have criminal records, as authorized by section local government uses any of the funds made simple evidence from research and ex- 106(b) of the Brady Handgun Violence Pre- available under this title to increase the number of law enforcement officers, the unit perience showing that prevention pro- vention Act of 1993, as amended, and section grams aimed at at-risk youth and chil- 4(b) of the National Child Protection Act of of local government will achieve a net gain in the number of law enforcement officers dren significantly reduces crime. Yet, 1993; of which $245,000,000 shall be available compared to the tens of billions we as authorized by section 1001 of title I of the who perform nonadministrative public safety 1968 Act, to carry out the provisions of sub- service. spend on crime after the fact, we spend part 1, part E of title I of the 1968 Act, not- AMENDMENT OFFERED BY MR. SCOTT very little focused on preventing young withstanding section 511 of said Act, for the Mr. SCOTT. Mr. Chairman, I offer an people from becoming criminals in the Edward Byrne Memorial State and Local amendment. first place. H8200 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Recently, the Subcommittee on mer camp program, or 600 drug ad- tences and in some cases at least 85 Crime of the Committee on the Judici- dicted youth with drug treatment, or percent of their sentences. They de- ary went around the country holding fund five $200,000 juvenile mentoring serve the support of this Congress to hearings on how to reduce juvenile programs, which is what many of the ensure that adequate bed space is crime. The Congressional Black Caucus at-risk funds are used for now, or any available to maintain those policies. crime and youth braintrusts held a combination of these programs which The State prison grant program pro- whole day of hearings on the subject. I have been proven to reduce crime. vides that support, and the gentle- attended all of those hearings. During We can do all of these things, which man’s amendment would take it away those hearings, witness after witness, will reduce crime, or we can waste the completely. including law enforcement officials, money by throwing it into the bottom- The prison grant program is one of talked about an impending crime wave less pit of prison construction, which the most effective deterrents to crime. over the next decade due to the ex- will do nothing to reduce crime. It provides the assurance that if an in- pected increases in the number of teen- I ask, Mr. Chairman, for support for dividual commits a crime they will agers, and many indicated that our this amendment and put the interest of serve time. Without the prison grant best hope for reducing the crime was to crime victims and taxpayers ahead of program, the result of increased law focus on at-risk youth and children political expediency. enforcement and prosecution will not Mr. Chairman, I reserve the balance while they are young and before they be real. of my time. become serious criminals. Mr. Chairman, I urge a ‘‘no’’ vote on Mr. Chairman, I am not saying that The CHAIRMAN. Does the gentleman from Kentucky [Mr. ROGERS] seek time the Scott amendment. we ought to incarcerate any less than Mr. MCCOLLUM. Mr. Chairman, will we do today. Based on our current poli- in opposition? Mr. ROGERS. Yes, Mr. Chairman, I the gentleman yield? cies, if we do nothing to our incarcer- do. Mr. ROGERS. I would be happy to ation levels, we will continue to lock The CHAIRMAN. The Chair recog- yield to the gentleman from Florida up more people per every 100,000 popu- nizes the gentleman from Kentucky [Mr. MCCOLLUM], the chairman of the lation than any other country on [Mr. ROGERS] for 10 minutes. Subcommittee on Crime and also the Earth. I am saying that, having more Mr. ROGERS. Mr. Chairman, I yield author of this law that we passed last than tripled the incarceration in this myself such time as I may consume. year. country in the last 15 years, at great Mr. Chairman, I rise in opposition to Mr. MCCOLLUM. Chairman, I thank expense to the taxpayer and with little the gentleman’s amendment, which the gentleman for yielding, and I want effect on crime, that we are already in- would eliminate $497.5 million from the to concur in everything that he said. carcerating high enough levels to get State prison grant program to increase As much as I respect the gentleman all of the crime reduction benefits we funding for juvenile justice programs. from Virginia [Mr. SCOTT], who is a can hope to get from incarceration and, I would point out to the Members member of my subcommittee, and he in spite of the emotional sound bite ap- that the State prison grant program is and I talk a lot about these issues, I do peal of more and more incarceration, a formula program. Every State would not agree with this amendment at all. more and more incarceration just will receive moneys under the prison grant He is robbing Peter to pay Paul. not reduce crime. program. This is a half a billion dollars The prison grant program we passed, The amount of money in this amend- that States will not get if this amend- and that the gentleman is funding, I ment will be a drop in the bucket in ment is successful. terms of financing incarceration. It While the gentleman’s intent to in- think very adequately with some $680 amounts to about $1 million per con- crease funds to address youth violence million in this bill, is absolutely essen- gressional district if divided equally is a laudable one, the bill we have be- tial to stop that revolving door the around the country. Now, the State of fore us already provides a $30.5 million gentleman just described, where all too Virginia has already committed itself increase over what the administration often we get criminals into the system to spend $11 billion, about $1 billion per requested to provide additional grants who commit these violent crimes and congressional district, over the next 10 to States that are implementing get they serve only a fraction of their sen- years as a result of new policies. This tough prosecution policies for juveniles tence, then go back out again and com- amendment, therefore, would be less who commit violent crimes. The bill mit more violent crimes. than 1 percent of what Virginia will be already is a ‘‘macho man’’ on violent Half of this grant money goes to an spending. crime, I would say to the gentleman incentive program that says, State, if As we have already shown, that in- from Virginia. you pass a law that requires the repeat carceration will not reduce crime, but The Scott amendment would increase violent offender to serve at least 85 per- that money would have a great effect if that amount $497.5 million at the ex- cent of his or her sentence, then you it is spent on prevention programs. pense of the State prison grant pro- will be eligible to get the prison grant Dropout prevention, afterschool pro- gram, which would be eliminated and money, this extra incentive grant grams, summer recreation, drug abuse which would have provided funds to money, from the Federal Government programs, even the much vilified mid- States to ensure that violent offenders, to help you build and have the space to night basketball program all have been including violent juvenile offenders, house them, because we want States to shown to save much more money than are locked up. move in that direction. And many are they cost in later prison and welfare Last year this Congress passed a sig- doing that, thank goodness. expenditures. Those, by the way, who nificant reform to the State prison I say to my colleagues, when that trash midnight basketball fail to point grant program, which the gentleman happens, when they start serving 85 out that it is a program which uses from Florida [Mr. MCCOLLUM] pursued, percent of their sentences and we take participation in an organized basket- which would ensure that funds would these violent repeat offenders and lock ball league as a hook to get young peo- be available to States that are getting them up and throw away the keys, the ple into education courses, drug avoid- tough on crime and keeping violent murder rate and the violent crime rate ance counseling and job training, and criminals locked up. This program was in this country is going to go down far they also fail to point out, as a recent designed to address the frightening fact more than it is today because it is Rand Corp. study confirmed, that when that violent criminals in State prisons these people committing these violent midnight basketball programs are es- serve an average of only 38 percent of crimes. tablished, the crime rate goes down their actual sentence. Convicted mur- The latest statistics show there are dramatically in that neighborhood. derers are given an average prison sen- an average of 700 violent crimes per With an average of about $1 million tence of 20 years in length, but they 100,000 in our population every year. per congressional district targeted to- serve only 81⁄2 years. And for rape the Even though we have marginally seen ward at-risk youth, each congressional sentence is 13 years, but the time the violent crime rate go down over the district could provide about 1,500 served is only 5 years on average. last 3 or 4 years, only marginally, that latchkey children with afterschool care States are enacting laws that require 700 per 100,000 per year is way too high. for a year, or 2,000 children with a sum- violent criminals to serve longer sen- It is far greater than it was 30 years July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8201 ago when it was 200 violent crimes per adults as well as juveniles, around the Ms. MILLENDER-McDONALD. Mr. Chair- every 100,000 of our population. The pri- country, off the streets. I urge the de- man, I am today in support of the Scott mary reason it is so is because of this feat of the amendment. Amendment. There is an old adageÐan violent repeat offender that the special Mr. Chairman, I reserve the balance ounce of prevention is worth a pound of cure. provisions of the prison grant program of my time. Statistics indicate its costs around $30,000 are designed to correct. Mr. SCOTT. Mr. Chairman, I yield a year to house an inmate in a correctional fa- States should move to require the myself such time as I may consume. cility. Those same statistics show that it costs abolition of parole and to make those Mr. Chairman, I would just like to $3,000 a year to educate a child. We need to who commit these violent crimes serve make a couple of comments. The gen- invest in our children before they become ad- most of their sentences, lock them up, tleman from Kentucky has indicated versely involved in our criminal justice system get them off the streets, and crime the States will not get the money. The rather than after. would inevitably be less. money will go back to the States. The The very fact that a legislative body, such With all due respect, I cannot sup- money will be spent. Instead of prisons, as this one, would cut funding for education, port the analysis that Mr. SCOTT has it will be spent on juvenile justice pre- and then block grant funds to the States to made in support of his amendment. He vention. build more prisons flies in the face of good, wants to gut the truth in sentencing The gentleman from Florida [Mr. moral, judgment and sound fiscal manage- grant program that is in the chair- MCCOLLUM], the chair of the Sub- ment. man’s bill. I am all for helping the ju- committee on Crime, has done an out- The at-risk youth programs of the Depart- venile justice system along. In fact, I standing job in having hearings across ment of Justice, provide communities with the am working on an authorization bill the country, and I want to congratu- means to involve those at-risk youth in tutoring now to complement the chairman’s bill late him for the unique hearings that and mentoring programs for schools in high here today, but, by golly, we cannot do he has had. He has had several attor- crime communities and summer recreational it if we are robbing Peter to pay Paul. neys general, heads of crime agencies programs for at-risk youth before they have We have to do both things. We cannot within the States come to testify about the misfortune of stumbling into a criminal jus- do just one. What Mr. SCOTT would do what needs to be done, and I want to tice system that is incapable of rehabilitating would be to eliminate the incarcer- congratulate him for having those open them. ation of these violent repeat offenders, hearings. The Scott amendment takes a common- or the money for that, and that is just The gentleman is exactly right, the sense, front-end-solution approach to provid- not right, and I join the chairman in purpose of the amendment is to gut the ing programs for our Nation's youth. I urge my opposing this amendment, and I thank truth in sentencing provision. I like to colleagues to support the Scott amendment. him for yielding. call it not the truth in sentencing but Mr. SCOTT. Mr. Chairman, I yield Mr. ROGERS. Mr. Chairman, re- the half truth in sentencing provision, back the balance of my time. Mr. ROGERS. Mr. Chairman, I urge a claiming my time, I thank the gen- because when we have truth in sentenc- ‘‘no’’ vote, and I yield back the balance tleman for his leadership in this area. ing, the half truth is we cannot let peo- He is the author of the Truth in Sen- of my time. ple out early, but the whole truth is we The CHAIRMAN. The questions is on tencing Act, which we passed in this cannot hold people longer either. the amendment offered by the gen- bill last year and which is the parent of The most heinous violent criminals tleman from Virginia [Mr. SCOTT]. the State prison grant program. It is are held by denying parole time after The question was taken; and the perfect because it takes Federal dollars time after time. When everybody gets Chairman announced that the noes ap- and says to each State if they will jail the average sentence, they are all let peared to have it. their violent criminals up to 85 percent out at the same time: the heinous Mr. SCOTT. Mr. Chairman, I demand of the sentence they get, we will give criminals, those that we know are a recorded vote. them money with which to build pris- going to be recidivist and those that The CHAIRMAN. Pursuant to House ons and buy the beds to keep them in are low risk all get out at the same Resolution 479, further proceedings on jail. We will pay the bill. time. the amendment offered by the gen- That is an effective way to get at vio- I would say that the gentleman from tleman from Virginia [Mr. SCOTT] will lent crime, and I think it is going to Kentucky said that there is plenty of be postponed. have tremendous payoff down the way. ‘‘macho man’’ in this bill, and that is The Clerk will read. Mr. MCCOLLUM. Mr. Chairman, if the point. It is all ‘‘macho’’ but no ef- The Clerk read as follows: the gentleman will continue to yield, it fect. This amendment will not delete WEED AND SEED PROGRAM FUND is indeed happening that way. My the prison construction. If they are For necessary expenses, including salaries State of Florida has recently changed serving 38 percent of the time now, if and related expenses of the Executive Office their laws, and States all over the this amendment passes or fails, they for Weed and Seed, to implement ‘‘Weed and country are doing this. This would be will serve 38 percent later. There is just Seed’’ program activities, $28,500,000 which absolutely the wrong time to cut the not enough money in this amendment shall be derived from discretionary grants provided under the Edward Byrne Memorial legs out from under this program. to make any difference in State prison States are making that move. State and Local Law Enforcement Assist- construction. ance Programs, to remain available until ex- Mr. ROGERS. Mr. Chairman, I would We talk about the revolving door and pended for intergovernmental agreement, in- also point out that the Scott amend- people unaccountable. The fact is that cluding grants, cooperative agreements, and ment, taking a half billion dollars out 10 percent of young African-American contracts, with State and local law enforce- of this program, is money all of our males are in jail today, more in jail ment agencies engaged in the investigation States would no longer have available than in college. We need to do some- and prosecution of violent crimes and drug to them. We could not fund the Truth thing about crime. Waiting for incar- offenses in ‘‘Weed and Seed’’ designated com- munities, and for either reimbursements or in Sentencing Act that the Congress ceration to make a difference means passed last year if this amendment transfers to appropriation accounts of the we have to wait for the crime to be Department of Justice and other Federal passes. committed, wait for people to get agencies which shall be specified by the At- No. 2, we have already got $180 mil- caught, prosecuted, convicted, sen- torney General to execute the ‘‘Weed and lion plus in our bill for juvenile justice tenced, serve the time they are to serve Seed’’ program strategy: Provided, That programs. That is $30.5 million more and then add some more time. funds designated by Congress through lan- than President Clinton requested. And guage for other Department of Justice appro- b so there is plenty of money in this bill 1915 priation accounts for ‘‘Weed and Seed’’ pro- available for juvenile justice programs This amendment would deal with gram activities shall be mandated and exe- that the gentleman from Virginia them before they commit the crime in cuted by the Attorney General through the the first place. All of the studies show Executive Office for Weed and Seed: Provided wants and that we all want. further, That the Attorney General may di- I just do not want the gentleman to that it is a much more effective way of rect the use of other Department of Justice gut a very effective violent crime dealing with crime than waiting for it funds and personnel in support of ‘‘Weed and fighting program that we fund in this to occur. I hope that we will adopt the Seed’’ program activities only after the At- bill, that will get the violent criminals, amendment. torney General notifies the Communities on H8202 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Appropriations of the House of Representa- available until expended, as authorized by Mr. ROGERS. Mr. Chairman, I move tives and the Senate in accordance with sec- sections 214B of the Act. to strike the last word. tion 605 of this Act. PUBLIC SAFETY OFFICERS BENEFITS Mr. Chairman, we have Members who COMMUNITY ORIENTED POLICING SERVICES For payments authorized by part L of title have amendments that have been filed VIOLENT CRIME REDUCTION PROGRAMS I of the Omnibus Crime Control and Safe in this portion of the bill that are not For activities authorized by the Violent Streets Act of 1968 (42 U.S.C. 3796), as amend- the floor at the moment, having been Crime Control and Law Enforcement Act of ed, such sums as are necessary, to remain called to other duties. I hope that they available until expended, as authorized by 1994, Public Law 103–322 (‘‘the 1994 Act’’) (in- would be allowed to offer their amend- cluding administrative costs), $14,400,000,000, section 6093 of Public Law 100–690 (102 Stat. 4339–4340), and, in addition, $2,200,000, to re- ments at the appropriate time. to remain available until expended, which The CHAIRMAN. This may be the ap- shall be derived from the Violent Crime Re- main available until expended, for payments as authorized by section 1201(b) of said Act. propriate time. duction Trust Fund, for Public Safety and Mr. ROGERS. Mr. Chairman, I know Community Policing Grants pursuant to GENERAL PROVISIONS—DEPARTMENT OF title I of the 1994 Act: Provided, That of this JUSTICE that. I am trying to do a little song amount, $10,000,000 shall be available for pro- SEC. 101. In addition to amounts otherwise and dance while we wait for them to grams of Police Corps education, training made available in this title for official recep- get to the floor. and service as set forth in sections 200101– tion and representation expenses, a total of Mr. Chairman, I wonder if the Chair 200113 of the 1994 Act: Provided further, That not to exceed $45,000 from funds appropriated could inform the Members what the of this amount, $71,000,000 shall be trans- to the Department of Justice in this title procedure is for the evening. The Chair ferred to the Drug Enforcement Administra- shall be available to the Attorney General has been rolling votes. I would assume tion for the purpose of providing State and for official reception and representation ex- that at some point in time we will be local police officers with equipment, convey- penses in accordance with distributions, pro- ances, overtime and other expenses associ- cedures, and regulations established by the resuming the votes and taking those ated with their participation on drug task Attorney General. rollcalls that have been reserved; is forces: Provided further, That of this amount, SEC. 102. Authorities contained in the De- that correct? $30,500,000 shall be for additional grants au- partment of Justice Appropriation author- The CHAIRMAN. At some point the thorized by part B of title II of the Juvenile ization Act, Fiscal Year 1980 (Pub. L. 96–132, Committee will resume those proceed- Justice and Delinquency Prevention Act of 93 Stat. 1040 (1979)), as amended, shall remain ing as unfinished business in effect until the termination date of this 1974, as amended, to remain available until PARLIAMENTARY INQUIRY Act or until the effective date of a Depart- expended, for the purpose of providing addi- Mr. ROGERS. Mr. Chairman, I have a tional formula grants under part B, for inno- ment of Justice Appropriation Authorization vative local law enforcement and community Act, whichever is earlier. parliamentary inquiry. policing programs to States that provide as- SEC. 103. None of the funds appropriated by The CHAIRMAN. The gentleman will surances to the Administrator that the State this title shall be available to pay for an state it. has in effect (or will have in effect not later abortion, except where the life of the mother Mr. ROGERS. Can the Chair inform than 1 year after date of application) policies would be endangered if the fetus were carried the Members how late the session will and programs, that ensure that juveniles to term, or in the case of rape: Provided, be going this evening? who commit an act after attaining 14 years That should this prohibition be declared un- The CHAIRMAN. No, the Chair can- of age, that would be a serious violent crime constitutional by a court of competent juris- not. if committed by an adult, are treated as diction, this section shall be null and void. The Clerk will read. SEC. 104. None of the funds appropriated adults for purpose of prosecution: Provided The Clerk read as follows: further, That not to exceed 130 permanent po- under this title shall be used to require any SEC. 109. (a) Section 1930(a) of title 28, sitions and 130 full-time equivalent persons to perform, or facilitate in any way United States Code, is amended in paragraph workyears and $14,602,000 shall be expended the performance of, any abortion. (6), by striking everything after ‘‘total less for program management and administra- SEC. 105. Nothing in the preceding section than $15,000;’’ and inserting in lieu thereof: tion. shall remove the obligation of the Director of the Bureau of Prisons to provide escort ‘‘$500 for each quarter in which disburse- JUVENILE JUSTICE PROGRAMS services necessary for a female inmate to re- ments total $15,000 or more but less than For grants, contracts, cooperative agree- ceive such service outside the Federal facil- $75,000; $750 for each quarter in which dis- ments, and other assistance authorized by ity: Provided, That nothing in this section in bursements total $75,000 or more but less the Juvenile Justice and Delinquency Pre- any way diminishes the effect of section 104 than $150,000; $1,250 for each quarter in which vention Act of 1974, as amended, including intended to address the philosophical beliefs disbursements total $150,000 or more but less salaries and expenses in connection there- of individual employees of the Bureau of than $225,000; $1,500 for each quarter in which with to be transferred to and merged with Prisons. disbursements total $225,000 or more but less the appropriations for Justice Assistance, SEC. 106. Notwithstanding any other provi- than $300,000; $3,750 for each quarter in which $145,000,000, to remain available until ex- sion of law, not to exceed $10,000,000 of the disbursements total $300,000 or more but less pended, as authorized by section 299 of part funds made available in this Act may be used than $1,000,000; $5,000 for each quarter in I of title II and section 506 of title V of the to establish and publicize a program under which disbursements total $1,000,000 or more Act, as amended by Public Law 102–586, of which publicly-advertised, extraordinary re- but less than $2,000,000; $7,500 for each quar- which (1) $100,000,000 shall be available for wards may be paid, which shall not be sub- ter in which disbursements total $2,000,000 or expenses authorized by parts A, B, and C of ject to spending limitations contained in more but less than $3,000,000; $8,000 for each title II of the Act; (2) $11,000,000 shall be sections 3059 and 3072 of title 18, United quarter in which disbursements total available for expenses authorized by sections States Code: Provided, That any reward of $3,000,000 or more but less than $5,000,000; 281 and 282 of part D of title II of the Act for $100,000 or more, up to a maximum of $10,000 for each quarter in which disburse- prevention and treatment programs relating $2,000,000, may not be made without the per- ments total $5,000,000 or more. The fee shall to juvenile gangs; (3) $10,000,000 shall be sonal approval of the President or the Attor- be payable on the last day of the calendar available for expenses authorized by section ney General and such approval may not be month following the calendar quarter for 285 of part E of title II of the Act; (4) delegated. which the fee is owed.’’. $4,000,000 shall be available for expenses au- SEC. 107. Not to exceed 5 percent of any ap- (b) Section 589a of title 28, United States thorized by part G of title II of the Act for propriation made available for the current Code, is amended to read as follows: juvenile mentoring programs; and (5) fiscal year for the Department of Justice in ‘‘§ 589a. United States Trustee System Fund $20,000,000 shall be available for expenses au- this Act, including those derived from the ‘‘(a) There is hereby established in the thorized by title V of the Act for incentive Violent Crime Reduction Trust Fund, may Treasury of the United States a special fund grants for local delinquency prevention pro- be transferred between such appropriations, to be known as the ‘United States Trustee grams: Provided, That upon the enactment of but no such appropriation, except as other- System Fund’ (hereinafter in this section re- reauthorization legislation for Juvenile Jus- wise specifically provided, shall be increased ferred to as the ‘Fund’). Monies in the Fund tice Programs under the Juvenile Justice by more than 10 percent by any such trans- shall be available to the Attorney General and Delinquency Prevention Act of 1974, as fers: Provided, That any transfer pursuant to without fiscal year limitation in such amended, funding provided in this Act shall this section shall be treated as a reprogram- amounts as may be specified in appropria- from that date be subject to the provisions of ming of funds under section 605 of this Act tions Acts for the following purposes in con- that legislation and any provisions in this and shall not be available for obligation ex- nection with the operations of United States Act that are inconsistent with that legisla- cept in compliance with the procedures set trustees— tion shall no longer have effect. forth in that section. ‘‘(1) salaries and related employee benefits; In addition, for grants, contracts, coopera- SEC. 108. Section 524(c)(8)(E) of title 28, ‘‘(2) travel and transportation; tive agreements, and other assistance au- United States Code, is amended by striking ‘‘(3) rental of space; thorized by the Victims of Child Abuse Act the year in the date therein contained and ‘‘(4) communication, utilities, and mis- of 1990, as amended, $4,500,000, to remain replacing the same with ‘‘1996’’. cellaneous computer charges; July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8203 ‘‘(5) security investigations and audits; ‘‘(2) Any balance in the Fund at the time of Page 42, line 3 strike ‘‘and shall’’ and in- ‘‘(6) supplies, books, and other materials its termination shall be deposited in the sert ‘‘and the Congress does not, within the for legal research; General Fund of the Treasury. 60 days after the date of such submission, by ‘‘(7) furniture and equipment; ‘‘(3) A decision of the Attorney General to law block or prevent the obligation of such ‘‘(8) miscellaneous services, including terminate the Fund shall not be subject to funds. Such funds shall’’. those obtained by contract; and judicial review. Page 42, line 8, insert before the period the ‘‘(9) printing. ‘‘(d) AVAILABILITY OF FUNDS FOR EXPENDI- following: ‘‘and this section’’. ‘‘(b) For the purpose of recovering the cost TURE.—Funds shall only be available for obli- Mr. BARR of Georgia [during the of services of the United States Trustee Sys- gation after submission of an implementa- reading]. Mr. Chairman, I ask unani- tem, there shall be deposited as offsetting tion plan as set forth in subsection (e), to the mous consent that the amendment be collections to the appropriation ‘United Committees on the Judiciary and Appropria- considered as read and printed in the States Trustee System Fund’, to remain tions of both the House of Representatives RECORD. available until expended, the following— and the Senate and shall be treated as a re- ‘‘(1) 23.08 percent of the fees collected programming of funds under section 605 of The CHAIRMAN. Is there objection under section 1930(a)(1) of this title; the Department of Commerce, Justice, and to the request of the gentleman from ‘‘(2) one-half of the fees collected under State, the Judiciary, and Related Agencies Georgia? section 1930(a)(3) of this title; Appropriations Act, 1997, and shall not be There was no objection. ‘‘(3) one-half of the fees collected under available for obligation or expenditure ex- Mr. BARR of Georgia. Mr. Chairman, section 1930(a)(4) of this title; cept in compliance with the procedures set I would like to first of all thank both ‘‘(4) one-half of the fees collected under forth in that section. the chairman and the ranking member section 1930(a)(5) of this title; ‘‘(e) IMPLEMENTATION PLAN.—The imple- and members on both sides of the aisle ‘‘(5) 100 percent of the fees collected under mentation plan shall include: that have worked on this amendment, section 1930(a)(6) of this title; ‘‘(1) law enforcement assistance capability which I believe is acceptable to both features including an explanation of how ‘‘(6) three-fourths of the fees collected sides and which simply is really, Mr. under the last sentence of section 1930(a) of proposed interface and assistance capability this title; requirements exceed or differ from the law Chairman, more in the nature of a per- ‘‘(7) the compensation of trustees received enforcement assistance currently provided fecting amendment than anything else. under section 330(d) of title 11 by the clerks by carriers; It simply addresses, Mr. Chairman, of the bankruptcy courts; and ‘‘(2) the actual and maximum number of si- language which would apply to title IV, ‘‘(8) excess fees collected under section multaneous surveillances/intercepts that law the telecommunications carrier com- 586(e)(2) of this title. enforcement agencies expect to perform (ca- pliance payments, which has to do, Mr. ‘‘(c) Amounts in the Fund which are not pacity requirements), as well as the ‘‘histori- Chairman, with CALEA, the Compli- currently needed for the purposes specified cal baseline electronic surveillance activity’’ ance with Law Enforcement Act, Com- in subsection (a) shall be kept on deposit or on which the proposed capacity requirements munications Assistance Law Enforce- are based; invested in obligations of, or guaranteed by, ment Act which was passed by this the United States. ‘‘(3) a detailed county by county listing of ‘‘(d) The Attorney General shall transmit proposed actual and maximum capacity re- body in the last Congress. to the Congress, not later than 120 days after quirements; The language, Mr. Chairman, that the end of each fiscal year, a detailed report ‘‘(4) the proposed network switch and other this amendment proposes, which we on the amounts deposited in the Fund and a assistance capability features requested by have worked out and which I again, Mr. description of expenditures made under this law enforcement that would be required to Chairman, believe is acceptable to both section. be installed by telecommunications carriers; sides, simply elaborates on language ‘‘(e) There are authorized to be appro- ‘‘(5) a complete estimate of the full costs of currently contained in subsection (d) of priated to the Fund for any fiscal year such development and deployment of the assist- ance capability features, the full costs of the this provision of this section. sums as may be necessary to supplement It simply makes very clear that the amounts deposited under subsection (b) for proposed actual and maximum capacities re- quested by law enforcement, the full cost of implementation plan for the fund that the purposes specified in subsection (a).’’. would be set up in order to fund the (c) Notwithstanding any other provision of training telecommunications carrier person- law or of this Act, the amendments to 28 nel in the use of such capabilities and capac- CALEA, C-A-L-E-A, Mr. Chairman, the U.S.C. 589a made by subsection (b) of this ities, and to what extent funding of fund shall not be made available until section shall take effect upon enactment of $500,000,000 will be sufficient to fully reim- the implementation plan, Mr. Chair- this Act. burse telecommunications carriers for the man, has been very clearly laid out to SEC. 110. Public Law 103–414 (108 Stat. 4279) reasonable cost of compliance with this Act; the Congress of the United States, not is amended by inserting at its conclusion a and only generally speaking but to the ap- new title IV, as follows: ‘‘(6) a complete estimate of the full and reasonable costs associated with the modi- propriate committees and committee ‘‘TITLE IV—TELECOMMUNICATIONS fication to be performed by telecommuni- memberships so that these committees, CARRIER COMPLIANCE PAYMENTS cations carriers of their network equipment namely the Committee on the Judici- ‘‘SEC. 401. DEPARTMENT OF JUSTICE TELE- and facilities installed or deployed after Jan- ary and the Committee on Appropria- COMMUNICATIONS CARRIER COM- uary 1, 1995, which are not proposed for reim- tions, Mr. Chairman, will have a PLIANCE FUND. bursement. chance to review it and ensure that the ‘‘(a) ESTABLISHMENT OF FUND.—There is ‘‘(f) ANNUAL REPORT TO THE CONGRESS.— hereby established in the United States provisions that the Department of Jus- The Attorney General shall submit to the tice is seeking to fund, the funding Treasury a fund to be known as the Depart- Congress each year a report specifically de- ment of Justice Telecommunications Carrier tailing all deposits and expenditures made mechanism that it is seeking to set up Compliance Fund (hereafter referred to as pursuant to his Act in each fiscal year. This and the funds that would thereafter be ‘the Fund’), which shall be available without report shall be submitted to each member of used according to the terms of the lan- fiscal year limitation to the Attorney Gen- the Committees on the Judiciary and Appro- guage that is currently in this legisla- eral for making payments to telecommuni- priations of both the House of Representa- tion, really set forth the parameters cations carriers, equipment manufacturers, tives and the Senate, and to the Speaker and within which the companies, the tele- and providers of telecommunications support minority leader of the House of Representa- communications carriers and equip- services pursuant to section 109 of this Act. tives and to the majority and minority lead- ment manufacturers know that they ‘‘(b) DEPOSITS TO THE FUND.—Notwith- ers of the Senate, no later than 60 days after must operate. standing any other provision of law, any the end of each fiscal year.’’ agency of the United States with law en- It lays out for the people of the Unit- AMENDMENT OFFERED BY MR. BARR OF GEORGIA forcement or intelligence responsibilities ed States through their representatives may deposit as offsetting collections to the Mr. BARR of Georgia. Mr. Chairman, on the appropriate committees of the Fund any unobligated balances that are I offer an amendment. Congress the general scope of what the available until expended, upon compliance The Clerk read as follows: Government believes is necessary in with any Congressional notification require- Amendment offered by Mr. BARR of Geor- order to effectuate the purposes al- ments for reprogrammings of funds applica- gia: Page 41, beginning on line 24, strike ready set forward in CALEA and which ble to the appropriation from which the de- ‘‘Funds’’ and everything that follows would be carried out pursuant to this posit is to be made. through ‘‘to the Committees’’ on page 42, ‘‘(c) TERMINATION.— line 1, and insert the following: ‘‘Funds shall fund. ‘‘(1) The Attorney General may terminate not be available for obligation unless an im- The legislation simply provides a 60- the Fund at such time as the Attorney Gen- plementation plan as set forth in subsection day period within which the Congress eral determines that the Fund is no longer (e) is submitted to each member of the Com- shall be able to consider the implemen- necessary. mittees’’. tation plan and after, therefore, if no H8204 CONGRESSIONAL RECORD — HOUSE July 23, 1996 objections are raised, then it would go The CHAIRMAN. The question is on Rape is just one use of Rohypnol. On into effect and the Department of Jus- the amendment offered by the gen- the street, it is combined with drugs tice would be able to move forward tleman from Georgia [Mr. BARR]. such as cocaine and heroin which in- with the plan. The amendment was agreed to. duce a quick high. The user then in- Mr. Chairman, I thank the distin- The CHAIRMAN. The Clerk will read. gests Rohypnol to bring them down. guished chairman of this committee The Clerk read as follows: Drug addicts do not need another drug and the subcommittee. This title may be cited as the ‘‘Department to combat their addiction, they need Mr. ROGERS. Mr. Chairman, will the of Justice Appropriations Act, 1997’’. treatment and where applicable, incar- gentleman yield? AMENDMENT OFFERED BY MS. MOLINARI ceration. Mr. BARR of Georgia. I yield to the Ms. MOLINARI. Mr. Chairman, I This appropriations bill directs $197.5 gentleman from Kentucky. offer an amendment. million for the Violence Against Mr. ROGERS. Mr. Chairman, I thank The CHAIRMAN. The Clerk will des- Women Act—a 12-percent increase from the gentleman for yielding to me. ignate the amendment. last year and nearly a 700-percent in- I compliment the gentleman for his The text of the amendment is as fol- crease from the previous Congress. I perseverance on this issue. He knows lows: am proud to be one of the original sup- this issue better than anyone else does. Amendment offered by Ms. MOLINARI: In porters of this initiative, and I am He has been very helpful in construct- title I, at the end of the item relating to proud to say that this year’s total ing the portions of the bill that relate ‘‘GENERAL PROVISIONS—DEPARTMENT OF JUS- funding far exceeds any prior appro- to digital telephony. We have no objec- TICE’’, insert the following new section: priation—Chairmen LIVINGSTON, ROG- tion to the amendment that he has of- SEC. . It is the sense of the Congress that ERS, and PORTER are to be commended the Drug Enforcement Administration, to- fered. In fact, we commend him for it. for their hard work. But a new problem gether with other appropriate Federal agen- is on the horizon and moving quickly We urge its adoption. cies, should take such actions as may be nec- Mr. MOLLOHAN. Mr. Chairman, will toward us. We must stand up now, rec- essary to end the illegal importation into ognize the threat is real, and do all the gentleman yield? the United States of Rohypnol Mr. BARR of Georgia. I yield to the (flunitrazepam), a drug frequently distrib- that we can do to keep it out and pros- gentleman from West Virginia. uted with the intent to facilitate sexual as- ecute those who bring it into our coun- Mr. MOLLOHAN. Mr. Chairman, we sault and rape. try for criminal purposes. Mr. Chairman, let me also conclude have just seen this language. Will the Ms. MOLINARI. Mr. Chairman, this by commending the gentleman from gentleman explain the purpose of this amendment is just a very straight- New York, Chairman SOLOMON, who language? Why do you want to do this? forward sense-of-Congress resolution has taken the initiative to combat this Mr. BARR of Georgia. Mr. Chairman, that the Drug Enforcement Agency and drug by increasing the penalties for the purpose of the language is to clar- other Federal agencies should take someone who uses this drug or any ify that the implementation plan whatever action necessary to end the other controlled substance in the com- which would set out the parameter illegal importation of a drug called mission of a rape or sexual battery. within which the funds under CALEA Rohypnol. Again, in closing, I urge my col- would be used shall be made specifi- Today Congress acknowledges a drug leagues to adopt this very important cally available to the membership of problem that strikes its victims twice, small step toward sending a sense of the Committee on the Judiciary and by rendering them unconscious—for as Congress to Federal agencies that the Committee on Appropriations, and much as 24 hours—allowing their something must be done and something that the Congress would have 60 days attacker to rape and brutalize them. must be done quickly. within which to raise any objection to Second, the victim is so impaired that b it. If within those 60 days the Congress they cannot even remember anything 1930 does not act, then the implementation about the attack. They are defenseless Mr. ROGERS. Mr. Chairman, will the plan, again as laid out already in the during the attack and after the attack gentlewoman yield? legislation, would go into effect and they are equally as helpless to pros- Ms. MOLINARI. I yield to the gen- the funds would be available to imple- ecute their attacker. tleman from Kentucky. ment the plan. The drug called Rohypnol, also Mr. ROGERS. Let me commend the Mr. MOLLOHAN. Mr. Chairman, if known as roofies, roachies, or Mexican gentlewoman for bringing this matter the gentleman will continue to yield, Valium, is not manufactured or sold in to the attention of the Congress, a what is the gentleman wanting to the United States, but is very avail- matter of great importance to so many achieve by this? able. So available that in a recent around our country, and the gentle- woman again, as she has in the past, Mr. BARR of Georgia. Mr. Chairman, story by a national news program more has put her finger on a very severe really the only thing that this amend- than 30 women were raped in Ft. Lau- problem in this country, and I hope ment provides over and above the ex- derdale after this drug was slipped into that her efforts will be rewarded. isting language of the legislation is their drink. Of course, this only ac- Ms. MOLINARI. Mr. Chairman, I somewhat greater accountability and counts for reported rapes where a toxi- thank the gentleman from Kentucky specificity in the plan that would be cology study was performed. There for using his leadership on this com- set forward, and to make sure that it is might be many others and we do not mittee and his leadership in Congress specifically available to Members of know. But what we do know is that to make sure that when areas of grave the Congress so that they have full op- this drug, which may not be sold or concern are brought to his attention portunity to review it, raise any ques- manufactured in the United States, is a that he acts immediately and swiftly, tions about it, consult with the FBI serious threat to women. and without that immediate action and the DOJ. If there are any questions The drug is tasteless, odorless, and none of these problems would be re- that the Members of Congress, particu- colorless, so its victims never know solved, nevertheless brought to the larly on these two committees which what has happened until after it’s too public’s attention. have very clear interest, the Commit- late. In addition, it is 10 times more Mr. SOLOMON. Mr. Chairman, I rise tee on the Judiciary, substantively, powerful than Valium. in support of the amendment offered by and the Committee on Appropriations, This sense-of-Congress resolution is a the gentlewoman from New York. because of the large amount of funding small, but first step toward combating It is so terribly important. that would go into this fund, that they the importation and dissemination of My colleagues, there is something have full and fair opportunity to re- Rohypnol. It says to all Americans, in- happening in this country for the first view it. cluding any potential users, the gov- time. As my colleagues know, for years Mr. MOLLOHAN. Mr. Chairman, I ernment treats this drug as a serious we have been haunted with this serious thank the gentleman for yielding to threat to the safety of women, and will problem of drug abuse, illegal drug me. take any necessary actions to prevent abuse in this country, but primarily in Mr. BARR of Georgia. Mr. Chairman, its use. We recognize that Rohypnol is the past it has only affected those peo- I urge my colleagues on both sides of more than just a strong sleeping pill— ple that were bringing it on them- the aisle to adopt this amendment. it’s a weapon used to commit rape. selves, those people using the drugs. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8205 Today an entire new generation of and we look forward to the press con- Again I would like to commend the young women and children are being ference that we will hold on the revi- gentlewoman from New York [Ms. threatened now with a drug that is sion of our legislation that is going to MOLINARI] and my colleague, the gen- being used as a weapon against them. be introduced on Thursday. tleman from New York [Mr. SOLOMON], It is a terrible thing. Mr. HEINEMAN. Mr. Chairman, I for their efforts on this behalf, and I I have introduced legislation, and on move to strike the last word. urge my colleagues to vote for this Thursday at 1 o’clock we will be hold- I rise in strong support of the Mol- amendment. ing a press conference, the gentle- inari-Solomon amendment. Mr. SHAW. Mr. Chairman, I rise in support We have heard in this Chamber to- woman from New York [Ms. MOLINARI] today of Ms. MOLINARI's amendment affirming and myself and a number of others who night talk about terrorism. We have the opposition of this Congress to the per- sponsor this legislation, concerning heard talk about crime prevention in nicious drug commonly known as roofies or the communities as opposed to other legislation we are introducing mandat- the rape drug. In my district, Ft. Lauderdale, alternatives. Well, we have to talk ing severe penalties for anyone, anyone already more than 30 women have been about both of those issues when we convicted of using controlled sub- raped after this drug was slipped into their refer to this legislation. stances, not just this terrible drug drink. Ten times more powerful than Valium, Rohypnol, but any controlled sub- This is a form of domestic terrorism. It is terrorism when people are held at this colorless, odorless, and tasteless depres- stance, whether legal or illegal, for sant has the effect of rendering an unknowing using that as weapon to commit rape bay, held at bay as young females in victim susceptible to suggestion and thus vul- or even for the intent of committing middle school and high school and in nerable to sexual assault or rape. Because rape. And it includes, again, the drug college, held at bay because they go amnesia is one of roofies major side effects, rohypnol. For the first time, this drug out on a date, and the first thing they victims may have the frightening experience of is being used as a weapon against know is they do not know what is not being able to completely recall what hap- unsuspecting women and children. going on. But the next morning they do pened to them. Let me just tell my colleagues how know, but they cannot remember fully bad this is. As my colleagues know, il- because of this powerful drug. Roofies are illegally trafficked in from Mex- legal drug use in this country is in- What is crime prevention? Sure, peo- ico and Colombia and are quickly becoming a creasing. Fifty percent among young ple say it is midnight basketball. I say critical problem in the Southern States, from adults in the last 4 years. But let me it is strong law that is crime preven- California all the way to Florida. Particularly in tell my colleagues what is happening tion. We have to make a strong state- my own State of Florida, high school students even worse. For 12- and 13-year-olds in ment on this. Those sanctions of 20 not realizing the addictive nature and adverse this country, the increase in marijuana years, that is not excessive. We have to side effects of the drug are buying the widely use alone has gone up 137 percent. bring fear into the hearts of the crimi- available roofies on the streets for as little as Those are 12- and 13-year-olds. For the nals and fear in the hearts of the po- $2.50. ages 14 and 15, it has increased 200 per- tential criminals. Mr. Speaker, we must take a stand against cent in marijuana use and other illegal Every day we are creating victims, the illegal importation of roofies. We must not drugs. That is how serious it is. and that is what we have to keep in continue to let our women and teenage chil- And, as my colleagues know, illegal mind. We have to be concerned about dren be so appallingly vulnerable to sexual as- drug use causes 75 percent of all of the the victims in this country and those sault. I urge you to please support Ms. MOL- violent crime against women and chil- victims that are helpless, those victims INARI's amendment. dren in this country today, and that that are vulnerable, those children, The CHAIRMAN. The question is on has been bad enough, but now these those teenagers, the elderly, we have to the amendment offered by the gentle- unsuspecting young children, young take care of that. We are the ones that woman from New York [Ms. MOLINARI]. kids 12, 13, 14, 15 years old, along with make law across these States. The amendment was agreed to. young adult women are first plied with This drug Rohypnol is a powerful Ms. NORTON. Mr. Chairman, I ask alcohol, and then marijuana, and then tranquilizer known as the ‘‘date rape unanimous consent to offer an amend- they have this drug like Rohypnol drug’’ because it is used by rapists to ment. slipped into a drink. It renders them incapacitate their victims. This drug is The CHAIRMAN. Is there objection unconscious, but awake, and they have illegal in the United States, yet it to the request of the gentlewoman to lie there and helplessly watch what comes to here in this country from from the District of Columbia? Mexico and other Latin American is happening to them. Last week I tes- Mr. SMITH of New Jersey. Mr. Chair- States. It is 10 times more potent than tified before Senator COVERDELL and man, I object. Valium, and it is odorless, colorless his subcommittee on this issue, and I The CHAIRMAN. Objection is heard. heard firsthand testimony about the and tasteless. I commend the gentlewoman from The amendment is not timely. The terrible things that have happened to Chair is assuming the gentlewoman these young women. It was absolutely New York [Ms. MOLINARI] and the gen- tleman from New York [Mr. SOLOMON] from the District of Columbia [Ms. heartrending. NORTON] is asking unanimous consent Mr. Chairman, to help put an end to for their leadership in this important issue. I look forward to working to- to return to a previous section. these terrible atrocities we are intro- Ms. NORTON. I am, Mr. Chairman. ducing legislation requiring a 20-year gether with them in this legislation. May I move to strike the last word mandatory minimum sentence for any- Federal law enforcement agencies then, Mr. Chairman? one who is convicted of committing need to move quickly and take strong The CHAIRMAN. The gentlewoman is rape while using these kinds of con- action to prevent the illegal importa- trolled substances as a weapon. tion of this drug. There is an ever in- recognized for 5 minutes. Mr. Chairman, that has got to stop creasing number of unsuspecting Ms. NORTON. Mr. Chairman, I had and that is exactly what my legislation women being victimized by rape, by published an amendment that would will do. For the first conviction, they criminals who use this powerful seda- allow an exception to our policy of get 20 years with no parole, 20 years tive. The drug enforcement agency, the using Federal funds for abortion for mandatory sentence, and if they are DEA, has reported that Rohypnol has women who are incarcerated. I ask for convicted the second time, it is life im- become a problem in 26 Southeastern that exception because under no cir- prisonment. and Southwestern States. This drug cumstances do these women have ac- This amendment is supported by Sen- has been growing in popularity among cess to any personal funds or to any ator COVERDELL and Senator BIDEN young people because of its low cost. State and local funds. Even though over in the other body, the ranking There are growing numbers of middle they were not incarcerated, they might member of the Judiciary Committee. school, high school, and college stu- obtain an abortion through their own We need to pass this legislation, and we dents abusing this drug for many rea- jurisdiction. I asked for this exception need to do it now to stop this new gen- sons. If we fail to act now, I fear that because the average annual growth in eration of victims from taking place. this drug will continue to spread and the Federal prisons has been signifi- So I thank the gentlewoman for her place a larger number of women in dan- cantly greater than in State prisons. amendment. It is a great amendment, ger. Annually it has been almost 10 percent H8206 CONGRESSIONAL RECORD — HOUSE July 23, 1996 a year, and it is amazing when the Fed- Mr. SMITH of New Jersey. Mr. Chair- commodity, and not a someone. The eral sector now outpaces the State sec- man, I move to strike the last word. whole rhetoric of choice dehumanizes tor where, after all, most of the crimi- Mr. Chairman, abortion on demand is our brothers and sisters in the womb nal law is, the increase in female in- child abuse and in no way can be con- and puts them in the same category as mates has significantly outpaced those strued as humane or compassionate. A cars, TV sets, stereos, and toasters. of male inmates. child’s worth is not determined by who The whole rhetoric of choice reduces I am talking about voluntary abor- his or her mother happens to be, and unborn babies to objects. The feminists tions only. I myself am writing a bill the value of a baby is not diminished had it right: Do not treat women as ob- that would make it easier for women in one iota because mom happens to be an jects. The unborn are not objects, ei- prison to have their children adopted. inmate. ther, that can be killed by chemical in- Now, with voluntary abortions before b 1945 jections or by dismemberment. this was lifted during this Congress, Finally, Mr. Chairman, Mother Te- there was counseling, there was the As a matter of fact, her God-given resa was right when she said the great- right of staff objections. These are the value is not diminished, either. The est destroyer of peace today is abortion least responsible parents by the docu- Norton amendment which would have because it is a war against the child, a mented evidence that they are in pris- been offered tonight and will not be of- direct killing of an innocent child. Any on. Theirs are the most vulnerable off- fered because that point in the legisla- country that accepts abortion, as she spring, and the story of what happens tion has passed. This would have forced goes on to say, is not teaching its peo- to both women and children when the taxpayers to subsidize violence against ple to love, but to use violence to get children are born in prison is one of the children; in this case, the child of an what they want. That is why the great- great horror stories of America. inmate. est destroyer of love and peace is abor- Most of these women are in prison Mr. Chairman, many Americans are tion, and she pleads and says, ‘‘Please because of the use of drugs and alcohol. either uninformed or living in a state don’t kill the baby’’. More than half committed an offense, of denial on the general issue of abor- Last year the Norton amendment the offense for which they are incarcer- tion, especially as it relates to the was voted down by 281 members. It ated, under the influence of drugs or al- gruesome reality of abortion. Abortion probably would have had the same fate cohol, and almost 40 percent were using methods include dismembering inno- tonight. It will not be considered by crack. cent children with razor blade tip suc- the House because of the lateness in ar- The problem was spiraling out of con- tion devices or injections of chemical riving, but just let me say this amend- trol because of the huge growth of poisons designed to kill the baby. If the ment and others like that use taxpayer numbers. The number of inmates in the abortion President, Bill Clinton, has funds to subsidize the killing of unborn Federal prison in the last decade grew his way, both partial birth abortions babies always ought to be defeated. by 75 percent. Women grew at twice will remain legal and available for tax- ANNOUNCEMENT BY THE CHAIRMAN that rate while only 10 percent of the payer subsidy as well as the newest The CHAIRMAN. The Chair wishes to prison population; their jump was 137 form of baby poison, RU–486. point out to the membership that there percent. Mr. Chairman, abortion on demand is no amendment pending at this time. What I am asking is for an exception treats pregnancy as a sexually trans- Ms. WOOLSEY. Mr. Chairman, I ask comparable to that we have made for mitted disease. The growing child is unanimous consent that the gentle- rape or incest. Otherwise what we have viewed as a tumor, as a wart, a piece of woman from the District of Columbia here is forced childbirth. trash to be destroyed. Earlier today my [Ms. NORTON] be allowed to present her The rate of infection, HIV infection dad underwent some major surgery to amendment. for women in prison, actually exceeds remove cancer from his stomach. Every The CHAIRMAN. Is there objection the rate of infection for men in prison. member of my family has been deep in to the request of the gentlewoman This is truly an astonishing develop- prayer all day and over the last week, from California? ment. To be sure, women in prison for- hoping that the surgeon removes every Mr. SMITH of New Jersey. I object, feit their rights, they forfeit their vestige of that horrible disease. My Mr. Chairman. dad’s courage—and I just say this par- The CHAIRMAN. Objection is heard. rights to, every right to which they are Ms. WOOLSEY. Mr. Chairman, I enthetically—his faith in God through- entitled. But they also forfeit their move to strike the last word. rights to decent prenatal care, the out all of this has been absolutely in- Mr. Chairman, I am going to make a right to a diet that would nourish the spiring, and he is now in intensive care. prediction. When historians write embryo. But the whole ordeal reminds me books on the Gingrich Congress, they Mr. Chairman, we have denied the anew that the role of medicine is to are going to write chapter upon chap- right of choice to Federal workers who, heal. The role of medicine is to heal ter about the new majority’s assault on after all, have other alternatives, to and to nurture, to cure a disease, to ex- reproductive choice. women in the military who have other cise life-threatening tumors. It is not In the first session of the Gingrich alternatives, but when we deny it here, to destroy innocent unborn babies as if Congress, the House of Representatives we act in a barbaric fashion. We force they were cancer. voted 21 times to compromise a wom- childbirth on a woman who is incarcer- Mr. Chairman, if you have ever an’s right to choose; 21 votes to under- ated. watched an unborn child’s image on an mine a constitutionally guaranteed Taxpayers should pay for these abor- ultrasound or sonogram screen, you right, in just 1 year. tions for the same reason that tax- cannot help but be awed by the miracle This is a new appropriations season payers must pay for everything else of human life, by the preciousness of a and the march continues. But this time these women get in prison. They pay child’s being, and moved to pity by the the anti-choice forces are making sure for food, they pay for shelter, and we helplessness and vulnerability of that that not only will they maintain what should not have to pay for that either, child, by the fragility of those tiny fin- they gained last year, but they want to but since they are incarcerated we gers and toes. To see an unborn child expand on every one of their gains, in- have no choice, and we should have no turning, twisting, kicking and sucking cluding prohibition of abortion services choice as well but not to compound the his or her thumb while still in utero in Federal prisons. tragedy involved in their being in pris- shatters the myth that abortion mere- There are really two main reasons on and pregnant by forcing childbirth ly removes tissue or the products of why passage of the amendment of the on them in a democratic and humane conception. gentlewoman from the District of Co- society. Peel away the euphemisms that sani- lumbia [Ms. NORTON] was important. This is not only the bed they have tize abortion and the cruelty to chil- First, this is a pro-choice vote. If Mem- made to lie in. Far more is at stake, dren, and yes, the cruelty to their bers say they are pro-choice, how can given the rising number of women who mothers as well, becomes readily ap- they in good conscience not vote for are now in our Federal prisons. I ask parent to anyone with an open mind. the Norton amendment, an amendment for this exception in the name of hu- The entire smoke screen of choice which affirms reproductive choice for manity. turns the baby into property, a thing, a women in prison? July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8207 I know that speaking on behalf of bers on this floor denying the gentle- Ms. NORTON. Mr. Chairman, will the women in prison may be unpopular. Ob- woman from the District of Columbia gentlewoman yield? viously these are women who have the right to offer her amendment. I Mrs. SCHROEDER. I yield to the gen- committed crimes. They are serving think this Gingrich Congress is going tlewoman from the District of Colum- their punishment. They are incarcer- to go down as one of the most anti- bia. ated. But the Norton amendment is not women Congresses we have ever seen. Ms. NORTON. Mr. Chairman, I do only about women in prison, it is about The gentlewoman was in the dining want the RECORD to show that the gen- fundamental protection for Roe versus room trying to pay her bill before she tlewoman from New York [Ms. MOL- Wade. If Members are truly pro-choice, ran up here. Is that a crime? My guess INARI] was on her feet and I was on my then they cannot support the language is if she were a guy, they would allow feet, and I believe the chairman be- in this bill, language that will make this to happen. But the gentlewoman lieved that he could come back to me, the right to choose ring hollow for one sits down there trying to pay her bill because I motioned to the chairman more group of American women. and please, sometimes the service is that I was here as the last item, and I Second, Mr. Chairman, I want to talk not the fastest downstairs, because she am talking about the Speaker now, as about the women who need abortion is a very honorable woman, and she the last item in Justice, and the gen- services in prison. Many women pris- gets up here and everybody goes, ha, tlewoman from New York [Ms. MOL- oners are victims of physical and sex- ha, ha, you are just 2 seconds too late. INARI] was called on. ual abuse. In fact, many of them may That is it. Have a nice day. If I had been called on this, objection have had that drug, that date rape drug What is the consequence? The con- to my even offering my amendment that the gentleman was referring to in sequence is that women in prison will could have been raised. I do not think the last amendment. These women not be allowed to have abortions. Let it was my error, I think it was the have almost no access to prenatal care. me tell the Members, women in prison error of the Speaker. They are isolated from family and very often have been the subject of Mrs. SCHROEDER. I am so glad the friends and they face almost certain abuse. They could be drug victims, gentlewoman said that, Mr. Chairman. loss of custody of their child once the they could be HIV-positive, they could I was with the gentlewoman having child is born. To require that impris- have the same kind of physical prob- dinner downstairs. I heard her say, oned women bring unwanted children lems that women outside of prison have the cloakroom call me. She had into wretched circumstances is wrong have. staff on alert. She had the phones because we are not considering who I do not know how to break it to you going so she could be called up here the will support these children once they guys, but pregnancy is not necessarily moment she was to be here. That is are born, wrong because women in pris- a 9-month cruise. You do not just lay why I was stunned to walk on this floor on are not able to care for these chil- around the swimming pool eating bon- and find out that this had happened. dren, wrong because denying women in bons. This could be a physically life- prison abortion services undermines I just want to say to people who con- threatening situation. But to not even tinue to think it is real cute to object the fundamental principle of reproduc- allow it in the cases of rape and incest, tive choice. to her being able to bring this up: This and to be so gleeful, and to have now is wrong. This is how women in this I urge all of my colleagues to con- denied for the third time the gentle- sider the Norton amendment, to pay body are treated by the other Members. woman’s right to come forward and We are not equal. You would not do attention to it, to accept the issue as offer this amendment in this chaotic an affirmation of the right to choose this to male colleagues, and you bloody situation where we are bundling things well know it, and you would not do it because, Mr. Chairman, it is the right and moving things and all sorts of thing to do. to issues that dealt with male citizens, things, makes me really very sad. and you bloody well know it. Mrs. SCHROEDER. Mr. Chairman, I I have to say, shame, shame on this I think it is really very sad that you ask unanimous consent that the gen- body. This is unbelievable. I would think it is so cute to continue to object tlewoman from the District of Colum- never stand up and do this to another when you have now done it three bia [Ms. NORTON] be allowed to offer Member. We talk about how uncivilized times, three times, to the gentle- her amendment. this place is. This is the ultimate of woman, and she now has stated she was The CHAIRMAN. Is there objection how uncivilized we have become, that here, and you continue to roll over her. to the request of the gentlewoman we think everybody has to sit here, and I do not know what else we can do. We from Colorado? I sat here for 3 hours, for 3 hours, they Mr. SMITH of New Jersey. I object, wear bright colors. We hope you can kept saying, your amendment is up any Mr. Chairman. see us. We know there are not many of minute, your amendment is up any The CHAIRMAN. Objection is heard. us. But this is, indeed, a very sad night. minute. The gentlewoman sat here PARLIAMENTARY INQUIRY with me, because she was very active ANNOUNCEMENT BY THE CHAIRMAN Mr. ROGERS. Parliamentary in- on our amendment, to try and make Mr. CHAIRMAN. The Chair would quiry, Mr. Chairman. simply point out that throughout the The CHAIRMAN. The gentleman will sure that the EEOC was at least staffed up to this year’s level because they are process of this bill the bill has been state his parliamentary inquiry. read section by section. That process Mr. ROGERS. Mr. Chairman, what is so far behind. has not changed unless there has been pending before the body? What we continue to say around here The CHAIRMAN. There is an amend- is rights are okay for the men, but for an unanimous-consent request to go to ment pending before the Committee at women we say we are for rights but we a specific point in the bill, and that this point. are not interested in remedies. Women unanimous-consent request has been Mr. ROGERS. Mr. Chairman, may we have to be here 24 hours a day because agreed to by both sides. be able to move on and do pending if they miss one glitch, we cannot wait The Chair has attempted to be very business? to roll over them like a tank. fair to every Member of both sides, and The CHAIRMAN. The Chair sug- So I really want the record to show will continue to do so. gested, a couple of speakers previous to that three times tonight we have stood The Chair recognizes the gentleman this, that that would be a good idea. up for an issue that nobody wants to from Florida [Mr. DEUTSCH]. The Chair will recognize the gentle- particularly stand up for: women in Mr. DEUTSCH. Mr. Chairman, I move woman from Colorado [Mrs. SCHROE- prison. But we have said, why are we to strike the last word. DER], if recognition is sought. After going to federally mandate mother- Mr. Chairman, I had an amendment that the Chair will intend to recognize hood to women in prison no matter at the desk in title I. The reason that the gentleman from Florida for the what the circumstances, no matter I was offering this amendment is to in- purposes of his colloquy. what her physical circumstance, no crease the funds available in the miss- Mrs. SCHROEDER. Mr. Chairman, I matter whether she was the subject of ing children’s program account by move to strike the last word. incest or drugs or rape; no matter $2.417 million, and reducing the State Mr. Chairman, how sad I am that now what, we have now federally mandated Department’s internal organizations for the third time we have seen Mem- motherhood for that women? and conferences by the same amount. H8208 CONGRESSIONAL RECORD — HOUSE July 23, 1996 I was seeking this shifting of funds to for the missing children’s program in Mr. RAMSTAD. Mr. Chairman, will establish the Jimmy Ryce Law En- this bill, the Office of Juvenile Justice the gentleman yield? forcement Training Center, which will and Delinquency Prevention has estab- Mr. DEUTSCH. I yield to the gen- launch the most comprehensive inten- lished a Federal agency task force for tleman from Minnesota. sive training program on missing and Missing and Exploited Children and (Mr. RAMSTAD asked and was given exploited children in American history, provides research, training, and tech- permission to revise and extend his re- touching every State in 18 months. nical assistance to prosecutors, law en- marks.) This very targeted initiative is un- forcement, and child protective serv- Mr. RAMSTAD. I thank the gen- dertaken in the memory of Jimmy ices personnel. In addition, the Crimi- tleman for yielding. Ryce, a 9-year-old boy from my district nal Division and the FBI also dedicate Mr. Chairman, I rise in support of the who was abducted sodomized, and significant resources to this problem, Deutsch amendment to provide addi- killed by a sexual predator last Sep- including forensic expertise, violent tional funding for a national training tember. Jimmy’s parents, Donna and crime analysis, behavioral science initiative to improve the law enforce- Horton Ryce, poured their hearts and profiling, trial preparation, and pros- ment response in cases of missing and souls into their child’s investigation. ecutorial strategies. exploited children. Some of the most frustrating, heart- But as the gentleman points out, ad- As the author of the Jacob wrenching moments for the Ryces ditional training is still necessary to Wetterling Crimes Against Children came from a lack of resources coordi- ensure that State and local law en- Act, which became law in 1994, I feel a nation between national and local law forcement authorities have the ability special burden for children who are vul- enforcement. to respond to this problem using the nerable to crime. In a letter the Ryces wrote to every Federal and national resources avail- The Wetterling Act provides for the Member of Congress this winter, they able to them. This can be done through registration of convicted child sex of- explained it this way: a combination of additional funding fenders and violent sexual predators. During the 3 months we looked for Jimmy, earmarked directly for the Missing The Wetterling Act is a critical re- we discovered that well-intentioned law en- Children Program and increasing ef- source for law enforcement for inves- forcement officers spent a lot of the critical forts within resources already avail- tigating child abduction and molesta- first days and weeks to figure out what able to the FBI and the Office of Juve- tion cases. But more needs to be done. would be done and what resources outside nile Justice and Delinquency. The subject of this amendment, the the local community were available to help. I will assure the gentleman that I Jimmy Ryce Law Enforcement Train- In working with the Ryce family, the will work during the conference on this ing Act, has three crucial components National Center for Missing and Ex- bill to provide additional resources for that will provide needed training to ploited Children, the Justice Depart- this important program. I commend law enforcement in missing and ex- ment, and members of the South Flor- him for his work. ploited children cases. ida delegation, we developed a coordi- Mr. DEUTSCH. Mr. Chairman, I ap- Adequate funding is absolutely criti- nated plan to provide hands-on train- preciate the pledge of the gentleman cal for each of these initiatives. I un- ing for State and local law enforcement from Kentucky. I look forward to derstand a promise has been made to on how best to use national resources. working through the conference. fight for increased funding for this ini- tiative in conference committee, and I b 2000 The CHAIRMAN. The time of the gentleman from Florida [Mr. DEUTSCH] am very grateful to Chairman Rogers This money will be channeled to the has expired. for his commitment. National Center for Missing and Ex- (By unanimous consent, Mr. DEUTSCH Mr. Chairman, I look forward to con- ploited Children, the FBI’s National was allowed to proceed for 5 additional tinued progress on making our commu- Crime Information Center and Child minutes.) nities a safer place for our kids to grow Abduction and Serial Killer Unit, the Ms. WOOLSEY. Mr. Chairman, will up. Morgan P. Hardiman Task Force on the gentleman yield? Mr. BARCIA. Mr. Chairman, I move Missing and Exploited Children, and Mr. DEUTSCH. I yield to the gentle- to strike the last word, and I would the Office on Juvenile Justice and De- woman from California. like to engage in a colloquy with the linquency Prevention who will work in Ms. WOOLSEY. Mr. Chairman, I chairman regarding the Boys and Girls partnership to create a single, massive, thank the gentleman for yielding. Clubs of America. targeted national training program in Mr. Chairman, I want to express my Mr. Chairman, in the fiscal 1996 ap- 1997 and 1998. strong support for increasing funds for propriation bill, an $11 million ear- Over the last several decades, Con- the National Center for Missing and mark was provided for the Boys and gress has made it a national priority to Exploited Children. Mr. Chairman, 3 Girls Clubs of America for the estab- help States in the safe recovery of en- years ago, 12-year-old Polly Klaas was lishment of clubs in public housing fa- dangered children. But until the Fed- kidnapped from her bedroom in cilities and other areas of need in co- eral Government equips law enforce- Petaluma, CA. That is where I live, operation with State and local law en- ment with the tools necessary to un- that is part of my district. She was forcement. This earmark was in addi- derstand and utilize these national re- later found brutally murdered. tion to $4.35 million also included sources, we will continue to undermine While it is too late to help Polly, it under Byrne discretionary grants. the Federal role in missing children in- is not too late to help others like her. The Boys and Girls Clubs of America vestigations as well as our chance for Since Polly’s death, thousands more have provided outstanding leadership the safe recovery of endangered chil- children have been abducted and many in constructively providing and offer- dren. are still missing. Today we have an op- ing meaningful activities for our young Mr. ROGERS. Mr. Chairman, will the portunity to help these children by cre- people. If we are going to effectively gentleman yield? ating a National Training Center for deal with the challenges and tempta- Mr. DEUTSCH. I yield to the gen- the Recovery of Missing and Exploited tions our young people face, we need to tleman from Kentucky. Children, and by improving reporting increasingly depend upon volunteer- Mr. ROGERS. Mr. Chairman, the gen- procedures that the Deutsch amend- based organizations like the Boys and tleman has gone a long way to bring to ment has incorporated in the bill it Girls Clubs of America. Government the attention of this body and the sub- will improve the likelihood that these cannot do it alone. committee the problem of missing and children will be returned safely to their As I understand the history of this exploited children. As the gentleman families. provision, Mr. Chairman, the intent has indicated, Congress has made it a For Polly, for 9-year-old Jimmy was for that amount to be the first in- national priority to help States in the Ryce, it is too late. But for the thou- stallment on a multiyear program. safe recovery of endangered children, sands of children that are still missing, I am great supporter of Boys and and in addition to the $6 million in by our support of this important Girls Clubs generally and of this effort funds already provided as an earmark amendment we will have made a great to bring constructive activity to addi- under the justice assistance account difference. tional young people in particular. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8209 While the bill before us today in- that I raised would not be sacrificed be- ment up out of order we are providing cludes $4.35 million for Boys and Girls cause of my own tardiness. special treatment, to the gentlelady. Clubs under the Byrne discretionary I appreciate that my friends on the Last year when the Norton amendment grant program, it does not include the other side have given me the oppor- was offered it was defeated with 281 additional $11 million earmark under tunity to offer the amendment. Unani- noes. I think the outcome was very the local law enforcement block grant. mous consent is one of the few privi- predictable and would have been pre- Can the gentleman provide me with as- leges that remains almost sacrosanct dictable if we had indeed had a rollcall surances that the conferees on this ap- in this form in this body. It is an indi- vote. propriations bill can provide similar cation of the civility that remains in Mr. Chairman, the issue is one of positive consideration when the other this body, although it is not always ap- whether or not we will provide funding body completes its action? parent. I had never intended to ask for in prisons and also for women detained Mr. ROGERS. Mr. Chairman, will the a rollcall vote. by the Marshals Service and the Immi- gentleman yield? As has been indicated, I offered this gration and Naturalization Service, the Mr. BARCIA. I yield to the gen- amendment last year. For me it is a INS. This language that the chairman tleman from Kentucky. matter of principle just as those who has wisely put into the bill provides for Mr. ROGERS. I appreciate the gen- do not support choice find it a matter abortion funding only in cases of rape tleman’s concerns and I assure him of principle. For me it is deeply felt be- or endangerment to the life of the that we will provide similar favorable cause my own district is one that is mother section 103. It is a carryover consideration when we conference this riddled with AIDS, crack, and alcohol, from last year. I believe it is very good bill with the Senate, as we provided which is destroying parts not only of legislation. last year, for additional funding for the my own district but destroying parts of Finally, and I said this earlier in this Boys and Girls Clubs of America. my own black community. It is dev- debate, why do we seek to proscribe Mr. BARCIA. I want to thank the astating women of every race. funding for abortion? It is very simple. chairman for his leadership on this Mr. Chairman, I wished simply to Many of us have come to the inescap- issue and especially the Boys and Girls offer the amendment in order to press able conclusion based on all of the Clubs of America. I thank the chair- upon us all that women now have a available documentation that is out man for this additional show of support higher rate of incarceration, growth there that abortion kills babies, plain from the Congress. rate of incarceration, then men in Fed- and simple. It dismembers babies’ bod- Mr. ROGERS. Mr. Chairman, I ask eral prisons for the first time in our ies. It results in the injection of chemi- unanimous consent that the committee history, that AIDS among them is sig- cal poisoning. I hope that a comprehen- be allowed to go back to section 103 to nificantly greater even than AIDS sive debate on abortion occurs in this allow the gentlewoman from the Dis- among men, an astonishing fact. country, that this sense of denial that Mr. Chairman, I want to say to my trict of Columbia [Ms. NORTON] to offer so many Americans are living with re- friends on the other side of the aisle, I the amendment which she was prepared garding abortion gets stripped away. appreciate the opportunity to offer this to offer, and that debate on the amend- The partial-birth abortion ban and the amendment. I will look for opportuni- ment be limited to 10 minutes, 5 min- fight that occurred on this floor re- ties to respond in kind. garding that hideous procedure where utes for each side. Mr. Chairman, I yield back the bal- The CHAIRMAN. Is there objection the so-called doctor stabs the child’s ance of my time. head with a scissors then hooks up a to the request of the gentleman of Ken- The CHAIRMAN. Who seeks time in tucky? suction device to suck the brains out of opposition? the baby. There was no objection. Mr. SMITH of New Jersey. Mr. Chair- The CHAIRMAN. The Clerk will re- Many people began to see abortion man, I claim the time in opposition. not as freedom but cruelty to children. designate section 103. The CHAIRMAN. The gentleman The Clerk redesignated section 103. The other methods are equally grue- from New Jersey [Mr. SMITH] is recog- some. It just happens in utero. AMENDMENT OFFERED BY MS. NORTON nized for 5 minutes. You do not see the baby get dis- Ms. NORTON. Mr. Chairman, I offer Mr. SMITH of New Jersey. Mr. Chair- membered unless you do what Dr. an amendment. man, I yield myself such time as I may Nathanson did and utilize a sonogram The CHAIRMAN. The Clerk will des- consume. and watch, as he did in his movie ‘‘The ignate the amendment. Mr. Chairman, just so the record Silent Scream,’’ a child actually get- The text of the amendment is as fol- clearly reflects what is happening here, ting picked apart by a loop-shaped lows: there were some bogus assertions made knife which is as sharp as a razor Amendment No. 12 offered by Ms. NORTON: earlier that somehow the pro-life side blade. In title I, under the heading ‘‘GENERAL PRO- was trying to box the gentlewoman Abortion kills babies. That is why we VISIONS—DEPARTMENT OF JUSTICE’’, strike from the District of Columbia from of- fight it. We also believe very strongly— section 103. fering her amendment. Yet the simple and I know many women who have had The CHAIRMAN. The gentlewoman fact of the matter is that we all have abortions, many women—I believe that from the District of Columbia [Ms. to abide by the rules here. There was a they are exploited, they are victims, NORTON] and a Member opposed will clear window of time here. Mrs. NOR- they are covictims with the baby. Our each control 5 minutes. TON’s amendment was clearly in order real concern and love and compassion The Chair recognizes the gentle- but she physically was not here to is for them. Reconciliation for those woman from the District of Columbia offer. who have had abortions and efforts to [Ms. NORTON]. Many Members have done that over try to prevent those who might be in a Ms. NORTON. Mr. Chairman, I yield the years. I’ve been here for 16 years vulnerable situation from going for- myself such time as I may consume. there have been times that bills have ward with that irreversible decision to First, I want to thank the body for moved so fast that members have have her baby killed. the courtesies that are being shown me missed their opportunity. When that Mr. Chairman, I am glad we had this on the issues I have raised. Above all, happens they have sought unanimous short debate and we are able to accom- I want to indicate to the Chairman consent to bring it up, sometimes con- modate the gentlewoman from the Dis- that I did not mean to impugn his fair- sent is granted, sometimes not. They trict. Let me make it very clear how- ness. He is a man whose reputation for did not then claim foul, though. If one ever that had she been here at the fairness is unmarred in this body, and knows what the rules are then its in- right time when the reading of the ap- I think there was honest confusion. cumbent on a member to get here on propriate paragraph occurred, she Moreover, I should have been here. time, and many Members have found would have easily offered her amend- Even though I was here before the end this to be the case. But, really, if ment. Still, I am glad to be accom- of the Justice section, I should have you’re late getting here, don’t turn modative in providing this opportunity been here absolutely on time and I around and cry foul. again for her to offer her amendment. apologize to the body that I was not I want the record to show clearly I urge Members to defeat it and yield here. I would hope only that the issue that right now by bringing this amend- back the balance of my time. H8210 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Mr. Chairman, I yield back the bal- The Clerk read as follows: abroad for periods not exceeding ten years, ance of my time. TITLE II—DEPARTMENT OF COMMERCE and expenses of alteration, repair, or im- Mrs. MORELLA. Mr. Chairman, I rise in sup- AND RELATED AGENCIES provement; payment of tort claims, in the manner authorized in the first paragraph of TRADE AND INFRASTRUCTURE DEVELOPMENT port of the Norton amendment which would re- 28 U.S.C. 2672 when such claims arise in for- move the ban on access to abortion services RELATED AGENCIES eign countries; not to exceed $15,000 for offi- for incarcerated women, except in cases of OFFICE OF THE UNITED STATES TRADE cial representation expenses abroad; awards rape or life endangerment. REPRESENTATIVE of compensation to informers under the Ex- There are currently almost 6,000 women in- SALARIES AND EXPENSES port Administration Act of 1979, and as au- carcerated in Federal Bureau of Prisons facili- For necessary expenses of the Office of the thorized by 22 U.S.C. 401(b); purchase of pas- ties, the majorityÐ68 percentÐof whom are United States Trade Representative, includ- senger motor vehicles for official use and serving sentences for drug offenses. Most of ing the hire of passenger motor vehicles and motor vehicles for law enforcement use with special requirement vehicles eligible for pur- the women are young, have been frequently the employment of experts and consultants as authorized by 5 U.S.C. 3109, $21,449,000, of chase without regard to any price limitation unemployed, and many have been victims of otherwise established by law; $28,604,000, to physical or sexual abuses. According to a re- which $2,500,000 shall remain available until expended: Provided, That not to exceed remain available until expended: Provided, cent survey, 6 percent of women in prisons $98,000 shall be available for official recep- That the provisions of the first sentence of and 4 percent of women in jail were pregnant tion and representation expenses. section 105(f) and all of section 108(c) of the when admitted. Limited prenatal care, isolation Mutual Educational and Cultural Exchange INTERNATIONAL TRADE COMMISSION Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall from family and friends, and the certain loss of SALARIES AND EXPENSES custody of the infant upon birth present un- apply in carrying out these activities: Pro- For necessary expenses of the Inter- vided further, That payments and contribu- usual circumstances that exacerbate an al- national Trade Commission, including hire tions collected and accepted for materials or ready difficult situation if the pregnancy is un- of passenger motor vehicles, and services as services provided as part of such activities intended. authorized by 5 U.S.C. 3109, and not to exceed may be retained for use in covering the cost Because Federal prisons are totally depend- $2,500 for official reception and representa- of such activities, and for providing informa- ent on health care services provided by the tion expenses, $40,000,000, to remain available tion to the public with respect to the export Bureau of Prisons, this ban, in effect, prevents until expended. administration and national security activi- these women from exercising their constitu- DEPARTMENT OF COMMERCE ties of the Department of Commerce and other export control programs of the United tional right to abortion. Most women prisoners INTERNATIONAL TRADE ADMINISTRATION States and other governments. were poor when they entered prison, and they OPERATIONS AND ADMINISTRATION ECONOMIC DEVELOPMENT ADMINISTRATION do not earn any meaningful compensation For necessary expenses for international from prison jobs. This ban then closes off their trade activities of the Department of Com- ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS only opportunity to receive such services, and merce provided for by law, and engaging in trade promotional activities abroad, includ- For grants for economic development as- thereby denies then their rights under the sistance as provided by the Public Works and Constitution. ing expenses of grants and cooperative agree- ments for the purpose of promoting exports Economic Development Act of 1965, as I urge my colleagues to support the Norton of United States firms, without regard to 44 amended, Public Law 91–304, and such laws amendment. U.S.C. 3702 and 3703; full medical coverage for that were in effect immediately before Sep- Mrs. MALONEY. Mr. Chairman, I rise in dependent members of immediate families of tember 30, 1982, $328,500,000: Provided, That support of the Norton amendment. employees stationed overseas and employees none of the funds appropriated or otherwise A member of the new majority says that temporarily posted overseas; travel and made available under this heading may be they plan to outlaw abortion, ``procedure by transportation of employees of the United used directly or indirectly for attorneys’ or States and Foreign Commercial Service be- consultants’ fees in connection with securing procedure.'' Today's votes prove they are grants and contracts made by the Economic sticking by their word. tween two points abroad, without regard to 49 U.S.C. 1517; employment of Americans and Development Administration: Provided fur- If the Radical right has its way, passage of aliens by contract for services; rental of ther, That, notwithstanding any other provi- the Commerce/State/Justice bill will include space abroad for periods not exceeding ten sion of law, the Secretary of Commerce may the 30th and 31st votes on choice in this Con- years, and expenses of alteration, repair, or provide financial assistance for projects to gress. The Norton amendment seeks to cor- improvement; purchase or construction of be located on military installations closed or rect one of these attacks on American women. temporary demountable exhibition struc- scheduled for closure or realignment to Federal prisoners must rely on the Bureau tures for use abroad; payment of tort claims, grantees eligible for assistance under the in the manner authorized in the first para- Public Works and Economic Development of Prisons for all of their health care. So, if this Act of 1995, as amended, without it being re- ban passes, it would prevent these women graph of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed quired that the grantee have title or ability from seeking needed reproductive health care. $327,000 for official representation expenses to obtain a lease for the property, for the In this bill, the new majority has attacked abroad; purchase of passenger motor vehicles useful life of the project when in the opinion women who are often poor, uneducated, iso- for official use abroad, not to exceed $30,000 of the Secretary of Commerce, such financial lated, and beaten down. Most women pris- per vehicle; obtain insurance on official assistance is necessary for the economic de- oners are victims of physical or sexual abuse. motor vehicles; and rent tie lines and tele- velopment of the area: Provided further, That Most women, if pregnant in prison, became type equipment; $272,000,000, to remain avail- the Secretary of Commerce may, as the Sec- retary considers appropriate, consult with pregnant from rape or abuse before they en- able until expended: Provided, That the pro- visions of the first sentence of section 105(f) the Secretary of Defense regarding the title tered prison. Most women prisoners are poor to land on military installations closed or and cannot rely on anyone for financial assist- and all of section 108(c) of the Mutual Edu- cational and Cultural Exchange Act of 1961 scheduled for closure or realignment. ance. (22 U.S.C. 2455(f) and 2458(c)) shall apply in AMENDMENT OFFERED BY MR. HOSTETTLER These women already face limited prenatal carrying out these activities without regard Mr. HOSTETTLER. Mr. Chairman, I care, isolation from family and friends, a bleak to section 5412 of the Omnibus Trade and offer an amendment. future, and the certain loss of custody of the Competitiveness Act of 1988 (15 U.S.C. 4912); The CHAIRMAN. The Clerk will des- infant. and that for the purpose of this Act, con- ignate the amendment. The ban on reproductive health services for tributions under the provisions of the Mu- The text of the amendment is as fol- women in prison closes off their only oppor- tual Educational and Cultural Exchange Act lows: shall include payment for assessments for tunity to receive such care, it denies them Amendment offered by Mr. HOSTETTLER: In services provided as part of these activities. their constitutional rights, but most importantly, title II, strike the item relating to ‘‘DE- EXPORT ADMINISTRATION it denies them their dignity. PARTMENT OF COMMERCE—ECONOMIC DE- Mr. Chairman, don't intensify an already dif- OPERATIONS AND ADMINISTRATION VELOPMENT ADMINISTRATION—ECONOMIC DE- ficult situation; support the Norton amendment. For necessary expenses for export adminis- VELOPMENT ASSISTANCE PROGRAMS’’. tration and national security activities of Mr. ROGERS. Mr. Chairman, I ask b 2015 the Department of Commerce, including unanimous consent that debate on this The CHAIRMAN. The question is on costs associated with the performance of ex- amendment and all amendments there- the amendment offered by the gentle- port administration field activities both do- mestically and abroad; full medical coverage to close in 20 minutes and that the woman from the District of Columbia for dependent members of immediate fami- time be equally divided on the issue. [Ms. NORTON]. lies of employees stationed overseas; em- The CHAIRMAN. Is there objection The amendment was rejected. ployment of Americans and aliens by con- to the request of the gentleman from The CHAIRMAN. The Clerk will read. tract for services abroad; rental of space Kentucky? July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8211 There was no objection. There has been a tendency to base First, we have drastically cut this The CHAIRMAN. The gentleman projects more on political influence agency back and forced it to target its from Indiana [Mr. HOSTETTLER] will be rather than true need. The 17 States dollars on projects in truly distressed recognized for 10 minutes in support of represented by the members of the rel- communities. Right now EDA funding his amendment. Who seeks time in op- evant House and Senate subcommittees is 21-percent below last year because of position? received $1.10 per capita in EDA grants the work of this committee and this Mr. ROGERS. Mr. Chairman, I seek in 1994, compared to 68 cents for the House. We proposed not one penny the time in opposition and I yield half rest of the Nation. more in this bill, and in fact we provide of that time to the gentleman from EDA’s programs are very costly and less than the Administration re- West Virginia [Mr. MOLLOHAN] and I too slow. An analysis of The Emer- quested. We also tell EDA it must con- ask unanimous consent that he be per- gency Jobs Act of 1983 revealed that tinue targeting its money at the most mitted to control that time. only 84 previously unemployed people distressed communities, in line with The CHAIRMAN. Is there objection received jobs under the program at a the reforms the House has already to the request of the gentleman from cost of $307,000 per job—seven times the passed. Kentucky? cost of a job created in the private sec- Second, if we do not vote this amend- There was no objection. tor. ment down, we will deprive hard-hit The CHAIRMAN. The Chair recog- A study conducted by the General communities in every State of the vital nizes the gentleman from Indiana [Mr. Accounting Office failed to establish a assistance these programs provide. HOSTETTLER]. strong link between a positive eco- EDA helps our poorest urban and rural Mr. HOSTETTLER. Mr. Chairman, I nomic effect in a community and an communities to provide for themselves yield myself such time as I may agency’s economic development assist- and to raise their standards of livings. consume. ance. EDA also helps communities recover Mr. Chairman, I rise today to offer an Even proponents of this program from sudden and severe jobs losses, like amendment to eliminate funding for admit the problems I have mentioned factory shutdowns or other disasters. the Economic Development Adminis- exist. As a solution to the waste of And if your district has suffered from tration. Federal funds and other problems with cutbacks in the defense industry, EDA The Economic Development Adminis- the EDA, they have offered up reform is the major Federal program respon- tration, known as the EDA, which is a efforts as the answer. However, a year sible for helping communities recover part of the Department of Commerce, later, we are still spending the same from those closed bases. EDA helps was created in 1965 to assist in the de- amount of money and no reform has fund projects on military bases sched- velopment of depressed areas an en- taken place to address these concerns. uled for closure so that communities couraged increased employment To quote the Commerce Depart- and workers can reuse the base for an- through loans and grants to State and ment’s Inspector General regarding re- other purpose. local communities. form legislation, ‘‘H.R. 2145 simply re- We have cut EDA by almost $100 mil- Although the original intent sounds enacts substantial portions of the Pub- lion from where it was in 1995. We have reasonable, it is not reality. EDA lic Works and Economic Development cut the bureaucracy by over 35 percent. money has been used for many projects Act of 1965, and changes the program The agency has been streamlined and that have nothing to do with jobs or delivery mechanism by reverting to a downsized, and the development and se- economic development for depressed regional commission structure similar lection of projects has been moved out areas. to the one discontinued nearly 15 years of Washington, back towards the local As we struggle to balance the budget, ago with the repeal of the former Title and State levels. it is critical that we terminate funding V of the 1965 act. We are concerned We have worked closely with the au- for EDA, an irreparable program that that the bill does not directly address thorizers to achieve those reforms, and wastes millions of precious Federal the types of deficiencies we have noted they are working. The EDA is helping dollars every year. We simply cannot over the years with respect to EDA, our truly needy areas to attract the afford to continue funding this pro- particularly issues of overly broad eli- private investments that lead to per- gram. gibility criteria and problems stem- manent jobs. Throughout the history of the EDA, ming from inadequate programmatic Mr. Chairman, I urge a ‘‘no’’ vote on there can be found any number of ex- oversight.’’ the amendment. amples of Federal spending for unrea- It is obvious the EDA has failed at its Mr. HOSTETTLER. Mr. Chairman, I sonable projects. The Inspector General intended mission. Due to the budgetary yield 2 minutes to the gentleman from audited a number of EDA projects and constraints and the lack of a justifiable Colorado [Mr. HEFLEY]. found fault with almost every one. Federal role in these programs, it Mr. HEFLEY. Mr. Chairman, the Some examples of taxpayers dollars makes good sense to zero out this agen- Economic Development Administra- being wasted include: $800,000 for a golf cy within the Department of Com- tion was created in 1965 to promote the course that washed away, $5,000,000 was merce. recovery of economically distressed awarded in 1976 to an economic devel- I ask for your vote to strike EDA areas. The EDA must not be doing its opment district that built a cash re- funding in the fiscal year 1997 Com- job very well because 31 years later, 90 serve of almost $2 million and wasted merce-State-Justice appropriations percent of the country is eligible for and misused over $1 million; and bill. EDA grants. $850,000 was awarded in 1987 to help Mr. Chairman, I reserve the balance Does that mean that 90 percent of the fund a $1 million 3-year industrial park of my time. country is seriously economically dis- expansion. Eight years later the Mr. ROGERS. Mr. Chairman, I yield tressed, or does it mean that the EDA project was barely started but $670,000 myself 2 minutes. is no longer running according to its of the money had been spent. Mr. Chairman, this amendment original noble goals? Regardless of the The EDA has proven itself to be a would eliminate the Economic Devel- answer, something must be wrong with failure at meeting its objective. This opment Administration, and I urge a the EDA. program has become a $348 million ‘‘no’’ vote. We are being asked today to spend drain on scarce and valuable Federal We debated this issue on this bill last over $300 million on projects that do resources. Reform of the program is year and the year before and the year not live up to the scrutiny placed on not the answer. Eliminating funding is before that. Last year 310 members, them by the Commerce Department In- the answer. representing a majority of both Repub- spector General. We have reports of If you support eliminating the De- licans and Democrats, voted resound- rampant fraud and abuse with EDA partment of Commerce, you should ingly to support the work of this agen- funds, and this is nothing new. This is support this amendment. The fact is cy. something that has been going on for when EDA was created, 12 percent of I urge the House to turn back this ef- at least a decade. We keep getting the the Nation was eligible, today it is es- fort to eliminate the EDA for the same reports over and over again. We keep timated 90 percent of the Nation is eli- reasons we have done for the last sev- getting the reports of the misuse of gible. eral years. funds on the part of the EDA. H8212 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Almost everyone that looks at the created at a cost per job of $1,500. Good plement their own local recovery strat- EDA except this body says that the jobs, real jobs. egies. EDA is a waste and is one of the chief Let us keep EDA. It is a locally con- This is a local effort, Mr. Chairman. means of funneling pork into Members’ trolled program. It is nothing that is going to hurt the Federal Government. They can keep up districts. I am not surprised that over b 2030 300 people voted against doing away this initiative. We need to stop killing with the EDA last year. I have been Mr. ROGERS. Mr. Chairman, I yield 1 proven programs that have met a need. down here time and time again, trying minute to the gentleman from Mary- We need to keep the EDA going, and I to get rid of the EDA year after year, land [Mr. GILCHREST]. ask this Congress to vote against this and the votes are strong anyway. Why Mr. GILCHREST. Mr. Chairman, I amendment. not? It is pork for your districts, and thank the gentleman for yielding me Mr. ROGERS. Mr. Chairman, I yield 1 that is why we support the EDA. this time. minute to the gentleman from Mis- The EDA has shown that as long as I would like to ask the body this sissippi [Mr. WICKER]. we continue to fund them at these lev- question: Are there any areas in their (Mr. WICKER asked and was given els, they will continue to abuse tax- districts that are depressed? Is there permission to revise and extend his re- payer funds. Mr. Chairman, it is time any section of their district that they marks.) Mr. WICKER. Mr. Chairman, I rise in we take away the EDA’s gold card. would consider in poverty; in need of Mr. MOLLOHAN. Mr. Chairman, I jobs? If the answer is ‘‘yes,’’ then I opposition to the amendment. My rise in strong opposition to this amend- would like them to find an answer to friend from Colorado said this program ment. the following question: What is the is pork for our districts. That is not ac- (Mr. MOLLOHAN asked and was Federal Government’s role in economic curate. This program is jobs and infra- given permission to revise and extend development? structure and economic development his remarks.) I want to give my colleagues three for our districts. Most of EDA’s funds go toward im- Mr. MOLLOHAN. Mr. Chairman, I ideas about the Federal Government’s portant grants and low-cost loans. Let yield 2 minutes to the very distin- role in economic development and in- me give my colleagues one success guished gentleman from Minnesota clude in that a vastly reformed Eco- story. When the Canadian-owned [Mr. OBERSTAR]. nomic Development Administration Norbord Company invested $88 million Mr. OBERSTAR. Mr. Chairman, I where there is no pork. in a new Mississippi plant last year, it thank the gentleman for yielding me No. 1, the Federal Government’s role was an EDA grant for a water supply the time. is to create an environment conducive system that made that new plant pos- Mr. Chairman, several years ago a for economic productivity in the pri- vate sector. We would agree with that. sible. book was written entitled, ‘‘We’ve Been Now that water system is helping to No. 2, the Federal Government Down So Long, It Looks Like Up.’’ It keep more than 250 workers employed should enhance the competitive nature described much of Appalachia during in good jobs, generating tax revenues of the market economy. Nobody would the 1970’s and 1980’s. It described much and contributing to the local and na- deny that. of rural America that is benefiting tional economies. from the Economic Development Ad- And No. 3, our role in that mix is to EDA helps economically distressed ministration. act as a team player with the commu- communities build a solid base on The previous speaker talked about 90 nity, with superintendents of schools, which sustainable economic develop- percent of the country being eligible for example, to create a job base. ment can be established and main- for EDA. That is a figment. That is a EDA ensures a market economy. tained. I urge my colleagues to support fiction. The bill that we have repeat- Vote against the amendment. this valuable government program and edly passed in this House from the Mr. HOSTETTLER. Mr. Chairman, defeat the amendment. Committee on Transportation and In- may I ask how much time I have re- Mr. MOLLOHAN. Mr. Chairman, I frastructure revamps the whole EDA maining? yield 2 minutes to the distinguished program, but we have never been able The CHAIRMAN. The gentleman gentleman from West Virginia [Mr. to get it enacted into law. But the pro- from Indiana [Mr. HOSTETTLER] has 4 WISE], my good friend and colleague, to gram is administered so that not 90 minutes remaining, the gentleman close for our part. percent but a vastly smaller number of from Kentucky [Mr. ROGERS] has 2 Mr. WISE. Mr. Chairman, I thank the the country, only those most distressed minutes remaining, and the gentleman gentleman from West Virginia for areas are actually eligible and benefit from West Virginia [Mr. MOLLOHAN] yielding me this time. from the program. has 3 minutes remaining. EDA. We are talking water systems, Several years ago when I chaired the Mr. HOSTETTLER. Mr. Chairman, I we are talking sewer systems, we are Economic Development Subcommittee reserve the balance of my time. talking industrial parks, we are talk- and Investigations and Oversight Sub- Mr. MOLLOHAN. Mr. Chairman, I ing of job creation, we are talking committee, we conducted hearings on yield 1 minute to the distinguished technical assistance; we are talking, if the effectiveness of the EDA program. gentlewoman from Florida [Mrs. you have the misfortune of having a In the first 15 years of EDA, $4.7 billion MEEK]. defense base close down, we are talking was invested. That leveraged $9 billion Mrs. MEEK of Florida. Mr. Chair- defense conversion assistance, some- in non-Federal funds, creating 1.5 mil- man, I rise in strong opposition to the thing a lot of Members have had to lion jobs, and from those jobs every gentleman’s amendment to eliminate draw upon here. year $6.5 billion in taxes are being paid funding from the economic develop- I am proud this is a bipartisan effort to Federal, State and local govern- ment assistance program. to fight for EDA because it is to let ments. I know of no other agency, no other people know that EDA generates more Every year the taxes generated by program of the Federal Government than $3 in private sector dollars for EDA are greater than the total invest- more critical to the needs of commu- every $1 of Federal money that goes ment in this program in 31 years. nities around this Nation than the Eco- into it. Those jobs are still there, they are nomic Development Administration. I have heard the concern about EDA real, people are still working. EDA programs target funds to areas not applying to low-income areas. La- Take the Fort Holabird Industrial in need of assistance and responds to dies and gentlemen, in the public Park in Baltimore, abandoned by the the special needs of each individual works part of EDA 100 percent of the military, re-created into an industrial town and city. EDA has programs money has gone to low-income, high- park, $11 million from the city and a which benefit communities in almost unemployment areas and 94 percent of total investment of $42 million, an every stage of the development process. the money has gone into areas as de- EDA grant of $11 million, 4,000 new jobs For those communities experiencing fined under our much tougher author- created, 1,000 jobs retained. Take the structural economic changes, such as ization bill that unfortunately has not Mohawk Valley Economic Develop- my community, EDA provides flexible passed the other body but has passed ment District in New York, 1,600 jobs assistance to help them design and im- here a number of years. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8213 In terms of audits, I am fascinated, wasteful and misused funds in EDA projects. same things as the EDA. In the States since in the first half of 1996 the IG re- Some lowlights: A 1993 audit of a New York many of my colleagues come from, and viewed 292 independent audits of EDA grant revealed over $12 million in questionable New York State where I come from, projects and questioned only 10. I want costs. In this case, $10.2 million was used to there are a number of programs out to read to my colleagues, though. I build a hockey rink for the U.S. Olympic hock- there that are duplicative and do the asked a lot of constituents to tell me ey team that the team never used and city of- same thing. Where are we going to cut? what they thought of EDA, and the ficials admitted created no new jobs. The audit Look at the vote on the Legal Serv- chairman of the Eastern West Virginia is also replete with accounts of sweetheart ices Corporation a little while ago. Regional Airport Authority in Martins- deals and corrupt public officials. That was so disheartening. We added burg wrote, A 1993 audit of an Oklahoma grant ques- money back instead of cutting. Where Without the $2 million in Economic Devel- tioned the entire $2.4 million of Federal reim- are we going to balance the budget? Do opment Administration funding, the creation bursement. These funds were supposed to be may colleagues not worry about their of our airport industrial park would not have used to provide water and sewer facilities so children and their grandchildren? I been possible. As it is, Phase I is now under that a local company could construct a de- worry about my four grandchildren. I construction, and we anticipate that in boning plant. I quote from the report. ``The do not know how in the world or what Phase I as many as 3,000 high-income jobs EDA public improvements increasing water kind of country they are going to live will be created. Phase II may see that num- ber swell as high as 5,000 jobs in total. and sewer capacity had no impact in the cre- in if we do not have the guts around ation of plant jobs * * * and all of the 300 jobs here to tighten our belts a little bit The average public works expendi- could have been created without the EDA- like the American people are doing. ture per job created by EDA is $1,922, funded improvements.'' I support this amendment. It does which compares very favorably with Like most Government spending programs, not mean we are going to knock off all the private sector. In fact, it is better. EDA has its committed advocates in Con- these programs. They are going to be So all this stuff about 300,000—and, in- gress. They will tell you that the Federal Gov- there because we are merging and cidentally, those projects the gen- ernment is better equipped to create jobs than bringing these programs together in tleman mentioned a while back, they the private sector. They will acknowledge the other forms. If we eliminate the De- were under previous administrations waste and abuse in EDA's programs, yet they partment of Commerce, that saves by Presidents who were not favorable, will insist that EDA has been reformed. They 36,000 jobs and pensions that go with ironically, to the EDA. That has not will argue that EDA is needed to correct eco- them. been the case under the tighter stand- nomic displacement caused by base closures These are the things we have to do, ards of the past few years. even though less than a tenth of all EDA ladies and gentleman. I urge my col- So I would urge Members on a bipar- money goes to defense adjustment assist- leagues to support the amendment. As tisan basis to reject this ill-timed ance, and a good deal of that money is wast- much as I understand there are some amendment. We want economic growth ed as well. good programs in it, there is an awful in this country, not economic retreat. What the EDA proponents will not answer is lot of waste there, too. Like one pro- EDA is one of the few agencies provid- this: As we struggle to balance the budget in gram that costs $307,000 per newly cre- ing that. a responsible manner, how can we continue to ated job. $307,000? That is a shame. The CHAIRMAN. The gentleman spend taxpayer money on an agency that has Mr. HOSTETTLER. Mr. Chairman, I from Kentucky [Mr. ROGERS] has the such a dubious track record? I encourage my yield myself the balance of my time. right to close; therefore, the gentleman colleagues to ignore the red herrings and Mr. Chairman, in the beginning, I from Indiana [Mr. HOSTETTLER] is rec- stand up for the American taxpayer. Support would just like to address a point that ognized to utilize the remainder of his the Hostettler amendment and fold the tent at was made earlier with regard to base time. the EDA. closure. In an August 2 update to the Mr. HOSTETTLER. Mr. Chairman, I Mr. HOSTETTLER. Mr. Chairman, I subcommittee earlier, the Office of the yield such time as he may consume to yield 2 minutes to the gentleman from Inspector General stated that although the gentleman from Florida [Mr. New York [Mr. SOLOMON]. EDA was complying with congressional GOSS]. Mr. SOLOMON. Mr. Chairman, I mandates in administering a program (Mr. GOSS asked and was given per- thank the gentleman for yielding me with regard to base closures, they had mission to revise and extend his re- the time. two preliminary concerns that had marks.) Ladies and gentleman, it is kind of been expressed to the agency. Mr. GOSS. Mr. Chairman, I rise in disheartening when we look at what First of all, the project’s ability to support of this amendment. has happened to the deficits in this mitigate the effect of military base Mr. Chairman, the Hostettler amendment is country. We do have a $5 trillion deficit closures or convert defense technology simpleÐit seeks to eliminate all funding for the that has accumulated over the years. If to civilian applications appeared lim- Economic Development Administration [EDA]. we had let things continue the way ited. The EDA, an agency within the Department of they were, with President Clinton’s Second, a disproportionate share of Commerce, has long been a source of conten- projected 5-year budgets, we would the projects were concentrated in a few tion. In fact, the Nixon, Reagan, and Bush Ad- have increased that to $1 trillion more. States, which speaks to the point I ministrations all attempted to abolish EDA on That would have raised the annual debt made earlier with regard to the number the grounds that the agency was limited in service from, say $250 billion up to al- of dollars that go to States that are scope and its initiatives should be funded by most $300. That is $50 billion less that represented on the relevant House and State and local governments. we do not have to help truly needy peo- Senate subcommittees. EDA's programs, while well-intentioned, are ple. In closing, I would just like to say at best duplicative and at worst downright My district has benefited by the EDA this. There has been a lot of touting wasteful. Four separate DepartmentsÐalong over the years. We have fought hard to with regard to economic development with the ARC, TVA, and SBAÐfund similar try to get money there. Got a village and these monies used for that, but the development programs. by the name of Ticondoroga, or rather fact is, Mr. Chairman, where do these And there is no evidence to show that the town of Moriah, that just got a $1 monies come from? They are tax dol- EDA's programs on the whole are a good in- million grant, and that is going to lars that have to be taken either from vestment. An April 1996 GAO report was un- help. But the truth of the matter is we other companies who would like to cre- able to find any study that established a have to tighten our belts somewhere. ate jobs in their particular district, or strong causal linkage between a positive eco- We have to bring these programs to- from individuals who are trying to nomic effect in a community and Federal eco- gether and to merge them. If we do not raise a family on what is becoming a nomic development assistance. In other do that, that debt is going to continue more and more limited income as a re- words, GAO was unable to find any study to to grow. We have the Farmers Home sult of the size and intrusiveness of the justify the core mission of EDA. Administration, the Rural Develop- Federal Government. What we do know and what has been docu- ment Agency, the Community Develop- I guess the point is this. If Members mented in the Inspector General's semiannual ment Block Grants, and a number of think economic development should be reports to Congress is the high volume of other Federal programs that can do the done by the public sector, then they do H8214 CONGRESSIONAL RECORD — HOUSE July 23, 1996 not want to support this amendment. make a world of difference to a sluggish local The Defense Adjustment Assistance Pro- But if they think real jobs are created economy. gram assists economically-distressed commu- in the private sector, long-lasting jobs, The EDA injects economic life into an area nities build a solid base on which sustainable not, for example, 800,000 golf courses by: Creating industrial parks by funding utilities economic development can be established that get washed away, but if Members construction; or providing hard to come by and maintained. think real long-term job growth hap- capital for revolving small business loans; or This helps explain how EDA has saved al- pens in the private sector, then we by funding the regional economic planning most 10 thousand jobs in the State of New need to let businesses and individuals necessary for small communities to coordinate York in less than 4 years. keep more of the money they earn that their job-creating efforts. Is this really the best economic development they use to create jobs and wealth in And the EDA is the only Federal agency strategy that the sponsors of this amendment this country. that helps implement strategies to adjust to can come up with? Mr. GILCHREST. Mr. Chairman, will defense downsizing, turning abandoned mili- I urge my colleagues to join me and Chair- the gentleman yield? tary bases into hubs for new businesses. man ROGERS in opposing this unwise amend- Mr. HOSTETTLER. I yield to the My district has benefited greatly from these ment. gentleman from Maryland. types of critical investment. Mr. PACKARD. Mr. Chairman, I rise in Mr. GILCHREST. I thank the gen- The development of Summit Industrial Park strong support of the bipartisan effort to retain tleman for yielding, Mr. Chairman. in Gardner, MA, and economic dislocation the Economic Development Administration and One quick example. There was a de- lending to small businesses by the Franklin in opposition to the amendment to eliminate fense contractor in my district that County Community Development Corporation funding for the EDA. made harnesses for F–14 jets. They shut are two examples of current EDA-funded We certainly need to downsize government down, 200 jobs out. Leveraging EDA projects in my area. and focus our resources on the priorities loans we created a high-technology These projects are partnerships, with the which help our people and the communities in center which now employs about 200 State and local governments contributing their which they live. So while all agencies must people that does the same kind of thing fair share. help us tighten their belts and move toward a in the private sector. Termination of the EDA would do little to balanced budget, I would argue the EDA is The CHAIRMAN. The gentleman balance the budget. more than worthy of our continued support at from Kentucky [Mr. ROGERS] is recog- Three hundred and forty-nine million dollars an appropriate level of funding. nized for 1 minute for the purpose of in this bill is one-fiftieth of 1 percent of the I represent a coal mining district that has closing. total Federal budget for fiscal year 1997. been severely impacted by the Federal Clean Mr. ROGERS. Mr. Chairman, I yield What terminating the EDA would do is kill a Air Act. We are desperately trying to diversify the balance of my time to the gen- great catalyst for economic renewal, and the our economy, and in that effort the EDA has tleman from Pennsylvania [Mr. SHU- best hope many of my constituents have for a been extremely helpful by investing in basic STER], the chairman of the Committee future paycheck. infrastructure which brings in new industry and on Transportation and Infrastructure I urge a no vote on the Hostettler amend- jobs. of the House, who has reformed EDA. ment. The State of illinois has received funds Mr. SHUSTER. Mr. Chairman, I rise Mr. HINCHEY. Mr. Chairman, I rise in oppo- through the EDA for nearly 150 projects since in strong opposition to this amend- sition to this amendment which would elimi- fiscal year 1992. It is the EDA that helps to ment. nate funding for the Economic Development provide essential services such as sewer lines Now, the criticisms that we are hear- Administration. and water towers to communities with sub- ing about EDA are accurate. They are The EDA is a lean, efficient Government stantial and persistent economic needs. In ad- accurate but they are in the past tense. agency that promotes economic development dition, these projects have helped to create We have reformed this agency. We in distressed communities throughout the Na- thousands of greatly needed jobs in my State. heard tonight about 90 percent of the tion. Last year 309 members of this body agreed country being eligible. That is the way The agency helps communities improve that the EDA deserved appropriate funding, al- is was, but that is not the way it is their infrastructure, adjust to the impact of de- beit at a 21 percent cut from the 1995 level. based on the instructions given to EDA fense downsizing, and recover from natural The EDA is scheduled to receive that same from both the authorizers and the ap- disasters such as floods and earthquakes. amount this year. I again purpose that we can, propriating committee. Only distressed EDA is also an agency that has effectively and should, continue to show support for the communities are getting the money. It reinvented itself during the last several years EDA by opposing any measure eliminating its is not 90 percent. Only about 45 percent by streamlining its regulations, reducing staff funding. are even considered, and the actual levels and overhead expenses, and strength- Mr. CRAMER. Mr. Chairman, I rise in sup- money is flowing to only about 20 per- ening the public-private partnership to create port of the Economic Development Administra- cent. The most needy. This is job cre- jobs and promote local economic develop- tion [EDA]. The EDA has been continually ac- ation. ment. tive throughout the country, especially in my With regard to the issue of local busi- In my district, the agency is a proven suc- district. Through public works, technical assist- nesses and governments participating, cess in creating jobs and revitalizing an econ- ance, planning, community investments, and we now have a 50 percent match re- omy, which has been devastated by the im- revolving loan fund programs, EDA has estab- quirement. So this is not the Federal pact of defense downsizing. lished local partnerships that have provided Government handing out dollar bills, it EDA has funded the Small Business Re- critical infrastructure development and other is the Federal Government saying we source Center in Kingston, NY, for example, a economic incentives that have stimulated local will match you, but you put up your program that assists small business start-ups growth, created jobs and generated revenues. local money. and provides technical and market information EDA's Trade Adjustment Assistance Pro- Defeat this amendment, Save the to local businesses seeking to expand. gram for Firms and Industries [TAA] has been EDA. Since its opening just over a year ago, the an effective tool in helping U.S. firms and in- Mr. OLVER. Mr. Chairman, I rise in opposi- resource center has helped many small busi- dustries injured by international trade. By tion to the Hostettler amendment and in strong nesses in the area improve their operations stemming firms' losses in sales and employ- support of targeted economic development. and their profitability. ment and by restoring growth, the program My largely rural district in central and west- The center has also facilitated the start up preserved and created a total of over 62,000 ern Massachusetts has endured some major of 15 new businesses in just 12 months. jobs in 500 companies studied. economic shifts, including a significant portion EDA's support for the resource center has Without EDA's National Technical Assist- of New England's losses in the paper indus- helped Ulster County recover from the impact ance program, many successful innovative tries. of defense downsizing, and in that regard the economic development projects and activities My communities need new jobs, but they do agency is somewhat unique at the Federal would never be undertaken. This program not always have the resources to begin eco- level. stimulates technology development and trans- nomic growth in a new direction. It is the only agency that maintains a major fer and helps U.S. manufacturers and indus- That's where the EDA comes in. program solely dedicated to assisting commu- tries develop new products and processes and Economic development seed moneyÐoften nities that have suffered due to defense cut- utilize appropriate product and production grants of relatively modest amountsÐcan backs. technologies. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8215 The Economic Development Administra- Over the past 30 years, EDA has created An amendment by Mr. ROGERS (re- tion's role in disaster recovery is to provide as- almost 40,000 economic development garding NOAA) for 10 minutes; sistance to communities to achieve long-term projects, generated more than $2 billion of pri- An amendment by Mr. ENGEL (re- economic recovery through the strategic in- vate sector capital through revolving loan garding public broadcasting grants) for vestment of local resources. In the last 3 funds, supported more than 7,000 businesses, 10 minutes; years, at least 13 States have been victims of and leveraged $3 for every Federal dollar in- Amendment No. 20 by Mr. BROWN of natural disasters that EDA has assisted in re- vested. That doesn't sound like golden fleece California for 20 minutes; building their communities and revitalizing their awards to me. An amendment by Mr. ALLARD (re- local economies. My colleagues, listen to what is being said garding the Technology Administra- EDA operates the largest Federal program around you by Members of this body about tion) for 10 minutes; for defense adjustment. The Department of how much EDA means to their economically An amendment by Mr. GOSS (regard- Defense's Office of Economic Adjustment distressed areas, and defeat any amendment ing EDA) for 10 minutes; does an excellent job of supporting base to kill or reduce the EDA program, just as you An amendment by Mr. PORTER (re- reuse and community planning, only EDA can defeated their twins last year. garding Asia Broadcasting) for 20 min- support the implementation of these plans. utes; b 2045 Over the next few years, communities affected An amendment by Mr. OBEY (regard- by BRAC will be approaching EDA for critical The CHAIRMAN. The question is on ing ABM Treaty) for 15 minutes; base reuse funds. the amendment offered by the gen- Amendment No. 19 by Mr. TRAFICANT Under EDA's Economic Adjustment Pro- tleman from Indiana [Mr. for 5 minutes; gram, communities are provided with unique HOSTETTLER]. Amendment No. 28 by Mr. GUTKNECHT flexibility to design local strategies that The question was taken; and the for 20 minutes; achieve economic change and stability, and Chairman announced that the noes ap- An amendment by Mr. DEUTSCH (re- multicomponent projects to implement those peared to have it. garding COPS) for 10 minutes; strategies. This program serves a unique role Mr. HOSTETTLER. Mr. Chairman, I An amendment by Mr. ENSIGN (re- in the nation's response to post-disaster eco- demand a recorded vote. garding sexually explicit material in nomic recovery, base closure and defense in- The CHAIRMAN. Pursuant to House prisons) for 10 minutes; Amendment No. 5 by Mr. FRANK of dustry downsizing as well as prolonged, per- Resolution 479, further proceedings on Massachusetts for 20 minutes; sistent economic deterioration. the amendment offered by the gen- The administration's Infrastructure and De- tleman from Indiana [Mr. HOSTETTLER] Amendment No. 6 by Mr. FRANK of velopment Facilities Program aids economi- will be postponed. Massachusetts for 20 minutes; Amendment No. 16 by Mr. GANSKE for cally distressed communities. It assists with Mr. ROGERS. Mr. Chairman, I move 20 minutes; construction of projects that improve opportu- that the Committee do now rise. Amendment No. 17 by Mr. GEKAS for nities for the establishment and expansion of The motion was agreed to. Accordingly the Committee rose; and 10 minutes; commercial and industrial plants and facilities the Speaker pro tempore (Mr. GOSS) Amendment No. 33 by Mrs. NORTON among other things. Since 1965 when EDA for 20 minutes; was created, this program has created more having assumed the chair, Mr. GUNDER- SON, Chairman of the Committee of the An amendment by Mrs. FOWLER (re- than 1.5 million jobs across the country. garding COPS) for 10 minutes; I urge my colleagues opposition to amend- Whole House on the State of the Union, reported that that Committee, having An amendment by Mr. COLLINS of ments threatening EDA's funding. Georgia (regarding Federal Prison In- Mr. RAHALL. Mr. Chairman, I rise in strong had under consideration the bill (H.R. 3814) making appropriations for the De- dustries) for 15 minutes; opposition to any amendment that would ter- An amendment by Mr. HUTCHINSON minate and/or cut funding for the Economic partments of Commerce, Justice, and State, the Judiciary, and related agen- (regarding deaths in prisons) for 10 Development AdministrationÐthe EDA. minutes; and Mr. Chairman, this year's recommended cies for the fiscal year ending Septem- An amendment by Mr. MILLER of ber 30, 1997, and for other purposes, had funding level for the EDA is but $328.5 million. Florida for 10 minutes. come to no resolution thereon. This is identical to the funding for fiscal year The SPEAKER pro tempore. Is there 1996Ðreflecting a 20-percent cut in EDA f objection to the request of the gen- funding since fiscal 1995. PROVIDING FOR FURTHER CONSID- tleman from Florida? This is surely representative of EDA's fair ERATION OF H.R. 3814, DEPART- There was no objection. share of reduced Federal spending we are MENTS OF COMMERCE, JUSTICE, f called upon to make. One of the most important features of EDA AND STATE, THE JUDICIARY, REMOVAL OF NAME OF MEMBER funding is that it provides vital funding to com- AND RELATED AGENCIES APPRO- AS COSPONSOR OF H.R. 2391 PRIATIONS ACT, 1997 munities that have had, and are still experi- Mr. SOLOMON. Mr. Speaker, my encing, base closures and defense Mr. ROGERS. Mr. Speaker, I ask name was inadvertently placed on H.R. downsizing. unanimous consent that during the fur- 2391 as a cosponsor. I ask unanimous If it were not for the EDA, defense conver- ther consideration of H.R. 3814, in the consent to remove my name as a co- sion funds, set at $95 million in fiscal year Committee of the Whole, pursuant to sponsor of H.R. 2391. 1997, where bases have been closed and De- House Resolution 479 and the order of The SPEAKER pro tempore. Is there fense industry jobs lostÐcommunities would the House of July 17, 1996: First, the re- objection to the request of the gen- not have the money to pick themselves up mainder of the bill be considered as tleman from New York? and dust themselves offÐand get back on read; and second no amendment shall There was no objection. their feet again. be in order except for the following f While West Virginia has had no base clo- amendments, which shall be considered sures, and so Defense conversion funds do as read, shall not be subject to amend- DEPARTMENTS OF COMMERCE, not assist my constituents, I know that many ment or to a demand for a division of JUSTICE, AND STATE, THE JUDI- States depend upon the EDA's Defense con- the question in the House or in the CIARY, AND RELATED AGENCIES versions for economic development assist- Committee of the Whole, and shall be APPROPRIATIONS ACT, 1997 ance, and I want them to have this $95 million debatable for the time specified, and The SPEAKER pro tempore. Pursu- set aside for that purpose. equally divided and controlled by the ant to House Resolution 479 and rule EDA funds also go to local development dis- proponent and a Member opposed: XXIII, the Chair declares the House in tricts and university centers, and to areas that Amendment No. 10 by Mr. the Committee of the Whole House on have been devastated by spring floods, and HOSTETTLER for 10 minutes; the State of the Union for the further winter blizzards, and earthquakes, and hurri- An amendment by Mrs. JACKSON-LEE consideration of the bill, H.R. 3814. (regarding the National Telecommuni- canes and tornadoes. b But such funds are also spent on commu- cations and Information Administra- 2049 nities faced with both chronic and sudden eco- tion) for 15 minutes; IN THE COMMITTEE OF THE WHOLE nomic downturns that result in massive job Amendment No. 11 by Mrs. MINK for Accordingly the House resolved itself losses. 10 minutes; into the Committee of the Whole H8216 CONGRESSIONAL RECORD — HOUSE July 23, 1996 House on the State of the Union for the Markey Pallone Slaughter Shaw Talent Wamp Martinez Pastor Stark Shuster Tanner Watts (OK) further consideration of the bill (H.R. McCarthy Payne (NJ) Stokes Sisisky Tate Weldon (FL) 3814) making appropriations for the De- McDermott Payne (VA) Studds Skeen Tauzin Weldon (PA) partment of Commerce, Justice, and McKinney Pelosi Stupak Skelton Taylor (MS) Weller State, the Judiciary, and related agen- McNulty Peterson (FL) Tejeda Smith (MI) Taylor (NC) White Meehan Pomeroy Thompson Smith (NJ) Thomas Whitfield cies for the fiscal year ending Septem- Meek Radanovich Thurman Smith (TX) Thornberry Wicker ber 30, 1997, and for other purposes, Menendez Rangel Torkildsen Smith (WA) Thornton Williams with Mr. GUNDERSON in the chair. Millender- Reed Torres Solomon Tiahrt Wilson The Clerk read the title of the bill. McDonald Richardson Torricelli Souder Traficant Wise Miller (CA) Rivers Towns Spence Upton Wolf The CHAIRMAN. When of the Com- Minge Rose Velazquez Stearns Visclosky Young (AK) mittee of the Whole rose earlier today, Mink Roybal-Allard Vento Stenholm Vucanovich Zeliff a demand for the recorded vote on the Moakley Rush Volkmer Stockman Walker Moran Sabo Ward Stump Walsh amendment offered by the gentleman Morella Sanders Waters from Indiana [Mr. HOSTETTLER] had Nadler Sawyer Watt (NC) NOT VOTING—9 been postponed and the bill had been Neal Schroeder Waxman Collins (IL) Lewis (CA) McDade read through page 49, line 2. Oberstar Schumer Woolsey Ehrlich Lincoln Spratt Obey Scott Wynn Fazio Matsui Young (FL) SEQUENTIAL VOTES POSTPONED IN THE Olver Serrano Yates COMMITTEE OF THE WHOLE Ortiz Shays Zimmer b The CHAIRMAN. Pursuant to House Owens Skaggs 2108 Resolution 479, proceedings will now NOES—265 Messrs. KIM, WISE, and RAHALL resume on those amendments on which changed their vote from ‘‘aye’’ to ‘‘no.’’ Allard Dunn Lazio further proceedings were postponed in Archer Ehlers Leach Mr. PAYNE of New Jersey and Mr. the following order: amendment No. 38 Armey English Lewis (KY) SCHUMER changed their vote from offered by the gentlewoman from Colo- Bachus Ensign Lightfoot ‘‘no’’ to ‘‘aye.’’ Baesler Everett Linder rado [Mrs. SCHROEDER]; an amendment Baker (CA) Ewing Lipinski So the amendment was rejected. offered by the gentleman from Virginia Baker (LA) Fawell Livingston The result of the vote was announced [Mr. SCOTT]; and amendment No. 9 of- Ballenger Fields (TX) LoBiondo as above recorded. fered by the gentleman from Indiana Barcia Flanagan Longley Barr Foley Lucas AMENDMENT OFFERED BY MR. SCOTT [Mr. HOSTETTLER]. Barrett (NE) Forbes Manton The CHAIRMAN. The pending busi- The Chair will reduce to 5 minutes Bartlett Fowler Manzullo ness is the demand for a recorded vote the time for any electronic vote after Barton Franks (NJ) Martini Bass Frelinghuysen Mascara on the amendment offered by the gen- the first vote in this series. Bateman Frisa McCollum tleman from Virginia [Mr. SCOTT], on AMENDMENT OFFERED BY MRS. SCHROEDER Bereuter Funderburk McCrery which further proceedings were post- The CHAIRMAN. The pending busi- Bilbray Gallegly McHale poned and on which the noes prevailed Bilirakis Ganske McHugh ness is the demand for a recorded vote Bliley Gekas McInnis by a voice vote. on the amendment offered by the gen- Blute Geren McIntosh The Clerk will designate the amend- tlewoman from Colorado [Mrs. SCHROE- Boehlert Gilchrest McKeon ment. Boehner Gillmor Metcalf DER], on which further proceedings Bonilla Gilman Meyers The Clerk designated the amend- were postponed and on which the ayes Bono Goodlatte Mica ment. prevailed by voice vote. Boucher Goodling Miller (FL) RECORDED VOTE Brewster Gordon Molinari The Clerk will redesignate the Browder Goss Mollohan The CHAIRMAN. A recorded vote has amendment. Brownback Graham Montgomery been demanded. The Clerk redesignated the amend- Bryant (TN) Greene (UT) Moorhead A recorded vote was ordered. ment. Bunn Greenwood Murtha Bunning Gunderson Myers The CHAIRMAN. This is a 5-minute RECORDED VOTE Burr Gutknecht Myrick vote. The CHAIRMAN. A recorded vote has Burton Hall (TX) Nethercutt The vote was taken by electronic de- Buyer Hamilton Neumann vice, and there were ayes 99, noes 326, been demanded. Callahan Hancock Ney A recorded vote was ordered. Calvert Hansen Norwood not voting 8, as follows: The vote was taken by electronic de- Camp Hastert Nussle [Roll No. 344] vice, and there were—ayes 159, noes 265, Campbell Hastings (WA) Orton Canady Hayes Oxley AYES—99 not voting 9, as follows: Castle Hayworth Packard Abercrombie Fox Ortiz [Roll No. 343] Chabot Hefley Parker Barrett (WI) Frank (MA) Owens Chambliss Heineman Paxon Becerra Gibbons AYES—159 Pastor Chapman Herger Peterson (MN) Beilenson Gonzalez Payne (NJ) Abercrombie de la Garza Hall (OH) Chenoweth Hilleary Petri Bishop Green (TX) Payne (VA) Ackerman DeFazio Harman Christensen Hobson Pickett Bonior Gutierrez Pelosi Andrews DeLauro Hastings (FL) Chrysler Hoekstra Pombo Brown (CA) Hastings (FL) Quinn Baldacci Dellums Hefner Clinger Hoke Porter Brown (FL) Hilliard Rangel Barrett (WI) Deutsch Hilliard Coble Holden Portman Brown (OH) Hinchey Rose Becerra Dixon Hinchey Coburn Horn Poshard Bryant (TX) Jackson (IL) Roybal-Allard Beilenson Doggett Hoyer Collins (GA) Hostettler Pryce Clay Jackson-Lee Rush Bentsen Durbin Jackson (IL) Combest Houghton Quillen Clayton (TX) Sabo Berman Edwards Jackson-Lee Condit Clyburn Jefferson Hunter Quinn Sanders Bevill Engel (TX) Cooley Hutchinson Rahall Coleman Johnson, E. B. Schroeder Bishop Eshoo Jacobs Cox Hyde Ramstad Collins (MI) Kennedy (RI) Scott Blumenauer Evans Jefferson Cramer Inglis Regula Conyers Kildee Serrano Bonior Farr Johnson (SD) Crane Istook Riggs Coyne Klink Shays Borski Fattah Johnson, E. B. Crapo Johnson (CT) Roberts Cummings LaFalce Sisisky Brown (CA) Fields (LA) Johnston Cremeans Johnson, Sam Roemer de la Garza Lantos Brown (FL) Filner Kanjorski Cubin Jones Rogers DeFazio LaTourette Slaughter Brown (OH) Flake Kaptur Cunningham Kasich Rohrabacher Dellums Lewis (GA) Stark Bryant (TX) Foglietta Kennedy (MA) Davis Kelly Ros-Lehtinen Dingell Lofgren Stokes Cardin Ford Kennedy (RI) Deal Kim Roth Dixon Markey Studds Clay Fox Kennelly DeLay King Roukema Doyle Martinez Tejeda Clayton Frank (MA) Kildee Diaz-Balart Kingston Royce Engel McDermott Thompson Clement Franks (CT) Kleczka Dickey Klink Salmon Eshoo McKinney Torres Clyburn Frost LaFalce Dicks Klug Sanford Evans McNulty Towns Coleman Furse Lantos Dingell Knollenberg Saxton Farr Meehan Vento Collins (MI) Gejdenson Levin Dooley Kolbe Scarborough Fattah Meek Waters Conyers Gephardt Lewis (GA) Doolittle LaHood Schaefer Fields (LA) Millender- Watt (NC) Costello Gibbons Lofgren Dornan Largent Schiff Filner McDonald Williams Coyne Gonzalez Lowey Doyle Latham Seastrand Flake Mink Woolsey Cummings Green (TX) Luther Dreier LaTourette Sensenbrenner Foglietta Moran Wynn Danner Gutierrez Maloney Duncan Laughlin Shadegg Ford Olver Yates July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8217 NOES—326 Taylor (NC) Visclosky Weller Bateman Ganske Millender- Thomas Volkmer White Becerra Gejdenson McDonald Ackerman Foley McCrery Thornberry Vucanovich Whitfield Beilenson Gekas Miller (CA) Allard Forbes McHale Thornton Walker Wicker Bentsen Gephardt Minge Andrews Fowler McHugh Thurman Walsh Wilson Berman Geren Mink Archer Franks (CT) McInnis Tiahrt Wamp Wise Bevill Gibbons Moakley Armey Franks (NJ) McIntosh Torkildsen Ward Wolf Bilbray Gilchrest Molinari Bachus Frelinghuysen McKeon Torricelli Watts (OK) Young (AK) Bishop Gillmor Mollohan Baesler Frisa Menendez Traficant Waxman Zeliff Blumenauer Gilman Montgomery Baker (CA) Frost Metcalf Upton Weldon (FL) Zimmer Blute Gonzalez Moran Baker (LA) Funderburk Meyers Velazquez Weldon (PA) Boehlert Goodlatte Morella Baldacci Furse Mica Bonilla Goodling Murtha Ballenger Gallegly Miller (CA) NOT VOTING—8 Bonior Gordon Myers Barcia Ganske Miller (FL) Collins (IL) Lewis (CA) McDade Bono Graham Nadler Barr Gejdenson Minge Fazio Lincoln Young (FL) Borski Green (TX) Neal Barrett (NE) Gekas Moakley Gilman Matsui Boucher Greenwood Ney Bartlett Gephardt Molinari Brewster Gunderson Norwood Barton Geren Mollohan Browder Gutierrez Nussle Bass Gilchrest Montgomery b 2116 Brown (CA) Hall (OH) Oberstar Bateman Gillmor Moorhead Brown (FL) Hall (TX) Obey Bentsen Goodlatte Morella Messrs. NADLER, MILLER of Cali- Brown (OH) Hamilton Olver Bereuter Goodling Murtha fornia, and BALDACCI changed their Bryant (TN) Hansen Ortiz Berman Gordon Myers Bryant (TX) Orton Bevill Goss Myrick vote from ‘‘aye’’ to ‘‘no.’’ Harman Bunn Hastings (FL) Owens Bilbray Graham Nadler Mr. BROWN of Ohio changed his vote Burr Oxley Bilirakis Greene (UT) Neal from ‘‘no’’ to ‘‘aye.’’ Hastings (WA) Buyer Hayes Packard Bliley Greenwood Nethercutt So the amendment was rejected. Callahan Pallone Blumenauer Gunderson Neumann Hefner The result of the vote was announced Calvert Heineman Parker Blute Gutknecht Ney Camp Pastor Boehlert Hall (OH) Norwood as above recorded. Herger Campbell Hilleary Payne (NJ) Boehner Hall (TX) Nussle Canady AMENDMENT OFFERED BY MR. HOSTETTLER Hilliard Payne (VA) Bonilla Hamilton Oberstar Cardin Pelosi Hinchey Bono Hancock Obey The CHAIRMAN. The pending busi- Castle Peterson (FL) Hobson Borski Hansen Orton ness is the demand for a recorded vote Chambliss Peterson (MN) Holden Boucher Harman Oxley Chapman Pickett on the amendment offered by the gen- Horn Brewster Hastert Packard Clay Pomeroy tleman from Indiana [Mr. Houghton Browder Hastings (WA) Pallone Clayton Portman Hoyer Brownback Hayes Parker HOSTETTLER], on which further pro- Clement Poshard Hyde Bryant (TN) Hayworth Paxon ceedings were postponed and on which Clinger Quillen Jackson (IL) Bunn Hefley Peterson (FL) Clyburn Quinn the noes prevailed by voice vote. Jackson-Lee Bunning Hefner Peterson (MN) Coburn Rahall (TX) Burr Heineman Petri The Clerk will redesignate the Coleman Rangel Jacobs Burton Herger Pickett amendment. Collins (GA) Reed Buyer Hilleary Pombo The Clerk redesignated the amend- Collins (MI) Jefferson Regula Callahan Hobson Pomeroy Johnson (CT) ment. Condit Richardson Calvert Hoekstra Porter Conyers Johnson (SD) Riggs Camp Hoke Portman RECORDED VOTE Costello Johnson, E. B. Rivers Campbell Holden Poshard The CHAIRMAN. A recorded vote has Coyne Johnston Roberts Canady Horn Pryce Cramer Jones Roemer Cardin Hostettler Quillen been demanded. Cremeans Kanjorski Rogers Castle Houghton Radanovich A recorded vote was ordered. Cummings Kaptur Ros-Lehtinen Chabot Hoyer Rahall The CHAIRMAN. This is a 5-minute Cunningham Kelly Rose Chambliss Hunter Ramstad Kennedy (MA) vote. Danner Roth Chapman Hutchinson Reed Davis Kennedy (RI) Roukema Chenoweth Hyde Regula The vote was taken by electronic de- de la Garza Kennelly Roybal-Allard Christensen Inglis Richardson vice, and there were—ayes 99, noes 328, Deal Kildee Rush Chrysler Istook Riggs not voting 6, as follows: DeFazio King Sabo Clement Jacobs Rivers DeLauro Kingston Sanders Clinger Johnson (CT) Roberts [Roll No. 345] DeLay Kleczka Sawyer Coble Johnson (SD) Roemer AYES—99 Dellums Klink Schiff Coburn Johnson, Sam Rogers Deutsch Knollenberg Schroeder Allard Foley Neumann Collins (GA) Johnston Rohrabacher Diaz-Balart LaFalce Schumer Armey Goss Paxon Combest Jones Ros-Lehtinen Dickey LaHood Scott Bachus Greene (UT) Petri Condit Kanjorski Roth Dicks Lantos Serrano Baker (CA) Gutknecht Pombo Cooley Kaptur Roukema Dingell Latham Shaw Ballenger Hancock Porter Costello Kasich Royce Dixon LaTourette Shays Barr Hastert Pryce Cox Kelly Salmon Doggett Laughlin Shuster Barrett (NE) Hayworth Radanovich Cramer Kennedy (MA) Sanford Dooley Lazio Sisisky Bereuter Hefley Ramstad Crane Kennelly Sawyer Doyle Levin Skaggs Bilirakis Hoekstra Rohrabacher Crapo Kim Saxton Duncan Lewis (CA) Skeen Bliley Hoke Royce Cremeans King Scarborough Durbin Lewis (GA) Skelton Boehner Hostettler Salmon Cubin Kingston Schaefer Edwards Lewis (KY) Slaughter Brownback Hunter Sanford Cunningham Kleczka Schiff Ehlers Lightfoot Smith (NJ) Bunning Hutchinson Saxton Danner Klug Schumer Engel Linder Smith (TX) Burton Inglis Scarborough Davis Knollenberg Seastrand English Lipinski Smith (WA) Chabot Istook Schaefer Deal Kolbe Sensenbrenner Eshoo Livingston Spence Chenoweth Johnson, Sam Seastrand DeLauro LaHood Shadegg Evans LoBiondo Spratt Christensen Kasich Sensenbrenner DeLay Largent Shaw Everett Lofgren Stark Chrysler Kim Shadegg Deutsch Latham Shuster Ewing Longley Stenholm Coble Klug Smith (MI) Diaz-Balart Laughlin Skaggs Farr Lowey Stokes Combest Kolbe Solomon Dickey Lazio Skeen Fattah Lucas Studds Cooley Largent Souder Dicks Leach Skelton Fields (LA) Luther Stupak Cox Leach Stearns Doggett Levin Smith (MI) Filner Maloney Talent Crane Manzullo Stockman Dooley Lewis (KY) Smith (NJ) Flake Manton Tanner Crapo McCollum Stump Doolittle Lightfoot Smith (TX) Flanagan Markey Tauzin Cubin McInnis Tate Dornan Linder Smith (WA) Foglietta Martinez Taylor (MS) Doolittle McIntosh Thornberry Dreier Lipinski Solomon Forbes Martini Taylor (NC) Dornan McKeon Tiahrt Duncan Livingston Souder Ford Mascara Tejeda Dreier Metcalf Walker Dunn LoBiondo Spence Fowler McCarthy Thomas Dunn Mica Weller Durbin Longley Spratt Fox McCrery Thompson Ehrlich Miller (FL) White Edwards Lowey Stearns Frank (MA) McDermott Thornton Ensign Moorhead Wolf Ehlers Lucas Stenholm Franks (CT) McHale Thurman Fawell Myrick Zeliff Ehrlich Luther Stockman Franks (NJ) McHugh Torkildsen Fields (TX) Nethercutt Zimmer English Maloney Stump Frelinghuysen McKinney Torres Ensign Manton Stupak NOES—328 Frisa McNulty Torricelli Everett Manzullo Talent Frost Meehan Towns Ewing Martini Tanner Abercrombie Baesler Barrett (WI) Funderburk Meek Traficant Fawell Mascara Tate Ackerman Baker (LA) Bartlett Furse Menendez Upton Fields (TX) McCarthy Tauzin Andrews Baldacci Barton Gallegly Meyers Velazquez Flanagan McCollum Taylor (MS) Archer Barcia Bass H8218 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Vento Watt (NC) Wilson grams of the Department of Commerce, requirements of section 392(a) and 392(c) of Visclosky Watts (OK) Wise $45,900,000, to remain available until Septem- the Act, these funds may be used for the Volkmer Waxman Woolsey ber 30, 1998. planning and construction of telecommuni- Vucanovich Weldon (FL) Wynn Walsh Weldon (PA) Yates ECONOMICS AND STATISTICS ADMINISTRATION cations networks for the provision of edu- Wamp Whitfield Young (AK) REVOLVING FUND cational, cultural, health care, public infor- mation, public safety, or other social serv- Ward Wicker The Secretary of Commerce is authorized Waters Williams ices. to disseminate economic and statistical data NOT VOTING—6 products as authorized by sections 1, 2, and 4 PATENT AND TRADEMARK OFFICE Collins (IL) Lincoln McDade of Public Law 91–412 (15 U.S.C. 1525–1527) and, SALARIES AND EXPENSES Fazio Matsui Young (FL) notwithstanding section 5412 of the Omnibus For necessary expenses of the Patent and Trade and Competitiveness Act of 1988 (15 b 2124 Trademark Office provided for by law, in- U.S.C. 4912), charge fees necessary to recover cluding defense of suits instituted against So the amendment was rejected. the full costs incurred in their production. the Commissioner of Patents and Trade- The result of the vote was announced Notwithstanding 31 U.S.C. 3302, receipts re- marks, $100,000,000, to remain available until as above recorded. ceived from these data dissemination activi- expended: Provided, That the funds made Mr. ROGERS. Mr. Chairman, I move ties shall be credited to this account, to be available under this heading are to be de- available for carrying out these purposes rived from deposits in the Patent and Trade- to strike the last word. Mr. Chairman, without further appropriation. let me make an announcement. There mark Office Fee Surcharge Fund as author- BUREAU OF THE CENSUS will be no more recorded votes tonight. ized by law: Provided further, That the amounts made available under the Fund However, we will be proceeding with SALARIES AND EXPENSES For expenses necessary for collecting, com- shall not exceed amounts deposited; and such several amendments and then roll the fees as shall be collected pursuant to 15 votes until tomorrow, and we are ask- piling, analyzing, preparing, and publishing statistics, provided for by law, $133,617,000. U.S.C. 1113 and 35 U.S.C. 41 and 376, shall re- ing the authors and speakers who main available until expended. PERIODIC CENSUSES AND PROGRAMS would like to be heard on these six SCIENCE AND TECHNOLOGY amendments to stay around tonight For expenses necessary to collect and pub- lish statistics for periodic censuses and pro- NATIONAL INSTITUTE OF STANDARDS AND and let us work. Then we will roll the grams provided for by law, $205,100,000, to re- TECHNOLOGY votes until tomorrow, should any votes main available until expended. SCIENTIFIC AND TECHNICAL RESEARCH AND be required. NATIONAL TELECOMMUNICATIONS AND SERVICES The following amendments will be INFORMATION ADMINISTRATION For necessary expenses of the National In- taken up tonight, and we are asking all SALARIES AND EXPENSES stitute of Standards and Technology, speakers and authors to remain on $268,000,000, to remain available until ex- For necessary expenses, as provided for by pended, of which not to exceed $1,625,000 may hand; the amendment to be offered by law, of the National Telecommunications be transferred to the ‘‘Working Capital the gentleman from Florida [Mr. and Information Administration, $15,000,000 Fund’’. GOSS], the EDA amendment to be of- to remain available until expended: Provided, fered by the gentlewoman from Hawaii That notwithstanding 31 U.S.C. 1535(d), the INDUSTRIAL TECHNOLOGY SERVICES [Mrs. MINK]; the amendment to be of- Secretary of Commerce shall charge Federal For necessary expenses of the Manufactur- fered by the gentleman from New York agencies for costs incurred in spectrum man- ing Extension Partnership of the National [Mr. ENGEL]; the amendment to be of- agement, analysis, and operations, and relat- Institute of Standards and Technology, fered by the gentleman from Florida ed services and such fees shall be retained $89,900,000, to remain available until ex- and used as offsetting collections for costs of pended, of which not to exceed $300,000 may [Mr. MILLER]; the amendment to be of- such spectrum services, to remain available be transferred to the ‘‘Working Capital fered by the gentleman from Illinois until expended: Provided further, That the Fund’’. [Mr. PORTER]; and the amendment to Secretary of Commerce is authorized to re- In addition, for necessary expenses of the be offered by the gentleman from Ohio tain and use as offsetting collections all Advanced Technology Program of the Na- [Mr. TRAFICANT]. funds transferred, or previously transferred, tional Institute of Standards and Tech- Those amendments will be offered to- from other Government agencies for all costs nology, $110,500,000, to remain available until night. Any votes will be rolled until to- incurred in telecommunications research, expended, of which not to exceed $500,000 morrow. engineering, and related activities by the In- may be transferred to the ‘‘Working Capital The CHAIRMAN. Pursuant to the stitute for Telecommunication Sciences of Fund’’: Provided, That none of the funds the NTIA, in furtherance of its assigned made available under this heading may be order of the House of today, the bill is functions under this paragraph, and such used for the purposes of carrying out addi- considered as read. funds received from other Government agen- tional program competitions under the Ad- The text of the remainder of the bill cies shall remain available until expended. vanced Technology Program: Provided fur- is as follows: PUBLIC BROADCASTING FACILITIES, PLANNING ther, That any unobligated balances avail- SALARIES AND EXPENSES AND CONSTRUCTION able from carryover of prior year appropria- tions under the Advanced Technology Pro- For necessary expenses of administering For grants authorized by section 392 of the gram may be used only for the purposes of the economic development assistance pro- Communications Act of 1934, as amended, providing continuation grants. grams as provided for by law, $20,000,000: Pro- $10,250,000, to remain available until ex- vided, That these funds may be used to mon- pended as authorized by section 391 of the NATIONAL OCEANIC AND ATMOSPHERIC itor projects approved pursuant to title I of Act, as amended: Provided, That not to ex- ADMINISTRATION the Public Works Employment Act of 1976, as ceed $1,500,000 shall be available for program OPERATIONS, RESEARCH, AND FACILITIES amended, title II of the Trade Act of 1974, as administration as authorized by section 391 (INCLUDING TRANSFER OF FUNDS) amended, and the Community Emergency of the Act: Provided further, That notwith- For necessary expenses of activities au- Drought Relief Act of 1977. standing the provisions of section 391 of the thorized by law for the National Oceanic and Act, the prior year unobligated balances may MINORITY BUSINESS DEVELOPMENT AGENCY Atmospheric Administration, including ac- be made available for grants for projects for MINORITY BUSINESS DEVELOPMENT quisition, maintenance, operation, and hire which applications have been submitted and of aircraft; not to exceed 200 commissioned For necessary expenses of the Department approved during any fiscal year. of Commerce in fostering, promoting, and officers on the active list as of April 1, 1997, developing minority business enterprise, in- INFORMATION INFRASTRUCTURE GRANTS and no commissioned officers on the active cluding expenses of grants, contracts, and For grants authorized by section 392 of the list as of September 30, 1997; grants, con- other agreements with public or private or- Communications Act of 1934, as amended, tracts, or other payments to nonprofit orga- ganizations, $29,000,000: Provided, That of the $21,490,000, to remain available until ex- nizations for the purposes of conducting ac- total amount provided, $3,000,000 shall be pended as authorized by section 391 of the tivities pursuant to cooperative agreements; available for obligation and expenditure only Act, as amended: Provided, That not to ex- and alteration, modernization, and reloca- for projects jointly developed, implemented ceed $3,000,000 shall be available for program tion of facilities as authorized by 33 U.S.C. and administered with the Small Business administration and other support activities 883i; $1,738,200,000, to remain available until Administration. as authorized by section 391: Provided further, expended: Provided, That notwithstanding 31 ECONOMIC AND INFORMATION INFRASTRUCTURE That of the funds appropriated herein, not to U.S.C. 3302 but consistent with other existing exceed 5 percent may be available for tele- law, fees shall be assessed, collected, and ECONOMIC AND STATISTICAL ANALYSIS communications research activities for credited to this appropriation as offsetting SALARIES AND EXPENSES projects related directly to the development collections to be available until expended, to For necessary expenses, as authorized by of a national information infrastructure: recover the costs of administering aeronauti- law, of economic and statistical analysis pro- Provided further, That notwithstanding the cal charting programs: Provided further, That July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8219

the sum herein appropriated from the gen- rived from the fees imposed under the for- SEC. 205. Not to exceed 5 percent of any ap- eral fund shall be reduced as such additional eign fishery observer program authorized by propriation made available for the current fees are received during fiscal year 1997, so as these Acts, not to exceed $196,000, to remain fiscal year for the Department of Commerce to result in a final general fund appropria- available until expended. in this Act may be transferred between such tion estimated at not more than FISHING VESSEL OBLIGATIONS GUARANTEES appropriations, but no such appropriation shall be increased by more than 10 percent $1,735,200,000: Provided further, That any such For the cost of guaranteed loans, $250,000, by any such transfers: Provided, That any additional fees received in excess of $3,000,000 as authorized by the Merchant Marine Act of transfer pursuant to this section shall be in fiscal year 1997 shall not be available for 1936, as amended: Provided, That such costs, treated as a reprogramming of funds under obligation until October 1, 1997: Provided fur- including the cost of modifying such loans, section 605 of this Act and shall not be avail- ther, That fees and donations received by the shall be as defined in section 502 of the Con- able for obligation or expenditure except in National Ocean Service for the management gressional Budget Act of 1974: Provided fur- compliance with the procedures set forth in of the national marine sanctuaries may be ther, That none of the funds made available retained and used for the salaries and ex- that section. under this heading may be used to guarantee SEC. 206. (a) Should legislation be enacted penses associated with those activities, not- loans for any new fishing vessel that will in- withstanding 31 U.S.C. 3302: Provided further, to dismantle or reorganize the Department crease the harvesting capacity in any United of Commerce, the Secretary of Commerce, no That in addition, $66,000,000 shall be derived States fishery. by transfer from the fund entitled ‘‘Promote later than 90 days thereafter, shall submit to and Develop Fishery Products and Research TECHNOLOGY ADMINISTRATION the Committees on Appropriations of the Pertaining to American Fisheries’’: Provided UNDER SECRETARY FOR TECHNOLOGY/OFFICE House and the Senate a plan for transferring further, That grants to States pursuant to OF TECHNOLOGY POLICY funds provided in this Act to the appropriate sections 306 and 306A of the Coastal Zone SALARIES AND EXPENSES successor organizations: Provided, That the plan shall include a proposal for transferring Management Act of 1972, as amended, shall For necessary expenses for the Under Sec- or rescinding funds appropriated herein for not exceed $2,000,000: Provided further, That retary for Technology/Office of Technology agencies or programs terminated under such of the $1,837,176,000 provided for in direct ob- Policy, $5,000,000. ligations under this heading (of which legislation: Provided further, That such plan GENERAL ADMINISTRATION $1,735,200,000 is appropriated from the general shall be transmitted in accordance with sec- fund, $71,276,000 is provided by transfer, and SALARIES AND EXPENSES tion 605 of this Act. (b) The Secretary of Commerce or the ap- $30,700,000 is derived from unobligated bal- For expenses necessary for the general ad- propriate head of any successor ances and deobligations from prior years), ministration of the Department of Com- organization(s) may use any available funds $180,975,000 shall be for the National Ocean merce provided for by law, including not to to carry out legislation dismantling or reor- Service, $292,907,000 shall be for the National exceed $3,000 for official entertainment, ganizing the Department of Commerce to Marine Fisheries Service, $231,826,000 shall be $27,400,000. cover the costs of actions relating to the for Oceanic and Atmospheric Research, OFFICE OF INSPECTOR GENERAL abolishment, reorganization, or transfer of $633,010,000 shall be for the National Weather For necessary expenses of the Office of In- functions and any related personnel action, Service, $431,582,000 shall be for the National spector General in carrying out the provi- including voluntary separation incentives if Environmental Satellite, Data, and Informa- sions of the Inspector General Act of 1978, as authorized by such legislation: Provided, tion Service, $66,876,000 shall be for Program amended (5 U.S.C. App. 1–11 as amended by That the authority to transfer funds between Support. Public Law 100–504), $19,445,000. appropriations accounts that may be nec- COASTAL ZONE MANAGEMENT FUND NATIONAL OCEANIC AND ATMOSPHERIC essary to carry out this section is provided Of amounts collected pursuant to section ADMINISTRATION in addition to authorities included under sec- 308 of the Coastal Zone Management Act of OPERATIONS, RESEARCH, AND FACILITIES tion 205 of this Act: Provided further, That 1972 (16 U.S.C. 1456a), not to exceed $7,800,000, (RESCISSION) use of funds to carry out this section shall be for purposes set forth in sections 308(b)(2)(A), treated as a reprogramming of funds under Of the unobligated balances available 308(b)(2)(B)(v), and 315(e) of such Act. section 605 of this Act and shall not be avail- under this heading, $10,000,000 are rescinded. CONSTRUCTION able for obligation or expenditure except in GENERAL PROVISIONS—DEPARTMENT OF For repair and modification of, and addi- compliance with the procedures set forth in COMMERCE tions to, existing facilities and construction that section. of new facilities, and for facility planning SEC. 201. During the current fiscal year, ap- SEC. 207. Any costs incurred by a Depart- and design and land acquisition not other- plicable appropriations and funds made ment or agency funded under this title re- wise provided for the National Oceanic and available to the Department of Commerce by sulting from personnel actions taken in re- Atmospheric Administration, $36,000,000, to this Act shall be available for the activities sponse to funding reductions included in this remain available until expended. specified in the Act of October 26, 1949 (15 title shall be absorbed within the total budg- U.S.C. 1514), to the extent and in the manner etary resources available to such Depart- FLEET MODERNIZATION, SHIPBUILDING AND prescribed by the Act, and, notwithstanding ment or agency: Provided, That the authority CONVERSION 31 U.S.C. 3324, may be used for advanced pay- to transfer funds between appropriations ac- For expenses necessary for the repair, ac- ments not otherwise authorized only upon counts as may be necessary to carry out this quisition, leasing, or conversion of vessels, the certification of officials designated by section is provided in addition to authorities including related equipment to maintain and the Secretary that such payments are in the included elsewhere in this Act: Provided fur- modernize the existing fleet and to continue public interest. ther, That use of funds to carry out this sec- planning the modernization of the fleet, for SEC. 202. During the current fiscal year, ap- tion shall be treated as a reprogramming of the National Oceanic and Atmospheric Ad- propriations made available to the Depart- funds under section 605 of this Act and shall ministration, $6,000,000, to remain available ment of Commerce by this Act for salaries not be available for obligation or expendi- until expended. and expenses shall be available for hire of ture except in compliance with the proce- FISHING VESSEL AND GEAR DAMAGE passenger motor vehicles as authorized by 31 dures set forth in that section. COMPENSATION FUND U.S.C. 1343 and 1344; services as authorized SEC. 208. None of the funds appropriated For carrying out the provisions of section by 5 U.S.C. 3109; and uniforms or allowances under this Act or any other Act may be used 3 of Public Law 95–376, not to exceed $200,000, therefor, as authorized by law (5 U.S.C. 5901– to develop new fishery management plans, to be derived from receipts collected pursu- 5902). amendments, or regulations which create ant to subsections (b) and (f) of section 10 of SEC. 203. None of the funds made available new individual fishing quota, individual the Fishermen’s Protective Act of 1967 (22 by this Act may be used to support the hurri- transferable quota, or new individual trans- U.S.C. 1980), to remain available until ex- cane reconnaissance aircraft and activities ferable effort allocation programs, or to im- pended. that are under the control of the United plement any such plans, amendments, or reg- States Air Force or the United States Air FISHERMEN’S CONTINGENCY FUND ulations approved by a Regional Fishery Force Reserve. Management Council or the Secretary of For carrying out the provisions of title IV SEC. 204. None of the funds provided in this Commerce after January 4, 1995, until offset- of Public Law 95–372, not to exceed $1,000,000, or any previous Act, or hereinafter made ting fees to pay for the cost of administering to be derived from receipts collected pursu- available to the Department of Commerce, such plans, amendments, or regulations are ant to that Act, to remain available until ex- shall be available to reimburse the Unem- expressly authorized under the Magnuson pended. ployment Trust Fund or any other fund or Fishery Conservation and Management Act FOREIGN FISHING OBSERVER FUND account of the Treasury to pay for any ex- (16 U.S.C. 1801 et seq.). This restriction shall For expenses necessary to carry out the penses paid before October 1, 1992, as author- not apply in any way to any such programs provisions of the Atlantic Tunas Convention ized by section 8501 of title 5, United States approved by the Secretary of Commerce Act of 1975, as amended (Public Law 96–339), Code, for services performed after April 20, prior to January 4, 1995. the Magnuson Fishery Conservation and 1990, by individuals appointed to temporary SEC. 209. The Secretary may award con- Management Act of 1976, as amended (Public positions within the Bureau of the Census for tracts for hydrographic, geodetic, and photo- Law 100–627), and the American Fisheries purposes relating to the 1990 decennial cen- grammetric surveying and mapping services Promotion Act (Public Law 96–561), to be de- sus of population. in accordance with title IX of the Federal H8220 CONGRESSIONAL RECORD — HOUSE July 23, 1996

Property and Administrative Services Act of COURTS OF APPEALS, DISTRICT COURTS, AND equipment and protective services for the 1949 (40 U.S.C. 541 et seq.). OTHER JUDICIAL SERVICES United States Courts in courtrooms and ad- SEC. 210. There is hereby established the SALARIES AND EXPENSES jacent areas, including building ingress- egress control, inspection of packages, di- Bureau of the Census Working Capital Fund, For the salaries of circuit and district which shall be available without fiscal year rected security patrols, and other similar ac- judges (including judges of the territorial tivities as authorized by section 1010 of the limitation, for expenses and equipment nec- courts of the United States), justices and essary for the maintenance and operation of Judicial Improvement and Access to Justice judges retired from office or from regular ac- Act (Public Law 100–702); $125,000,000, to be such services and projects as the Director of tive service, judges of the United States the Census Bureau determines may be per- expended directly or transferred to the Unit- Court of Federal Claims, bankruptcy judges, ed States Marshals Service which shall be re- formed more advantageously when central- magistrate judges, and all other officers and ized: Provided, That such central services sponsible for administering elements of the employees of the Federal Judiciary not oth- Judicial Security Program consistent with shall, to the fullest extent practicable, be erwise specifically provided for, and nec- used to make unnecessary the maintenance standards or guidelines agreed to by the Di- essary expenses of the courts, as authorized rector of the Administrative Office of the of separate like services in the divisions and by law, $2,550,956,000 (including the purchase offices of the Bureau: Provided further, That United States Courts and the Attorney Gen- of firearms and ammunition); of which not to eral. a separate schedule of expenditures and re- exceed $13,454,000 shall remain available imbursements, and a statement of the cur- ADMINISTRATIVE OFFICE OF THE UNITED until expended for space alteration projects; STATES COURTS rent assets and liabilities of the Working of which not to exceed $10,000,000 shall re- SALARIES AND EXPENSES Capital Fund as of the close of the last com- main available until expended for furniture pleted fiscal year, shall be prepared each and furnishings related to new space alter- For necessary expenses of the Administra- year: Provided further, That notwithstanding ation and construction projects; and of tive Office of the United States Courts as au- 31 U.S.C. 3302, the Working Capital Fund which $500,000 is to remain available until thorized by law, including travel as author- ized by 31 U.S.C. 1345, hire of a passenger may be credited with advances and reim- expended for acquisition of books, periodi- motor vehicle as authorized by 31 U.S.C. bursements from applicable appropriations cals, and newspapers, and all other legal ref- 1343(b), advertising and rent in the District of the Bureau and from funds of other agen- erence materials, including subscriptions. of Columbia and elsewhere, $48,500,000, of cies or entities for services furnished pursu- In addition, for expenses of the United which not to exceed $7,500 is authorized for ant to law: Provided further, That any inven- States Court of Federal Claims associated tories, equipment, and other assets pertain- official reception and representation ex- with processing cases under the National penses. ing to the services to be provided by such Childhood Vaccine Injury Act of 1986, not to funds, either on hand or on order, less the re- exceed $2,390,000, to be appropriated from the FEDERAL JUDICIAL CENTER lated liabilities or unpaid obligations, and Vaccine Injury Compensation Trust Fund. SALARIES AND EXPENSES any appropriations made hereafter for the VIOLENT CRIME REDUCTION PROGRAMS For necessary expenses of the Federal Ju- purpose of providing capital, shall be used to dicial Center, as authorized by Public Law capitalize the Working Capital Fund: Pro- For activities of the Federal Judiciary as 90–219, $17,495,000; of which $1,800,000 shall re- vided further, That the Working Capital Fund authorized by law, $30,000,000, to remain main available through September 30, 1998, shall provide for centralized services at rates available until expended, which shall be de- to provide education and training to Federal which will return in full all expenses of oper- rived from the Violent Crime Reduction court personnel; and of which not to exceed ation, including depreciation of fund plant Trust Fund, as authorized by section $1,000 is authorized for official reception and and equipment, amortization of automated 190001(a) of Public Law 103–322. representation expenses. data processing software and hardware sys- DEFENDER SERVICES JUDICIAL RETIREMENT FUNDS tems, and an amount necessary to maintain For the operation of Federal Public De- PAYMENT TO JUDICIARY TRUST FUNDS a reasonable operating reserve as determined fender and Community Defender organiza- For payment to the Judicial Officers’ Re- by the Director. tions; the compensation and reimbursement tirement Fund, as authorized by 28 U.S.C. This title may be cited as the ‘‘Department of expenses of attorneys appointed to rep- 377(o), $21,000,000, to the Judicial Survivors’ of Commerce and Related Agencies Appro- resent persons under the Criminal Justice Annuities Fund, as authorized by 28 U.S.C. priations Act, 1997’’. Act of 1964, as amended; the compensation 376(c), $7,300,000, and to the United States TITLE III—THE JUDICIARY and reimbursement of expenses of persons Court of Federal Claims Judges’ Retirement SUPREME COURT OF THE UNITED STATES furnishing investigative, expert and other Fund, as authorized by 28 U.S.C. 178(l), services under the Criminal Justice Act (18 $1,900,000. SALARIES AND EXPENSES U.S.C. 3006A(e)); the compensation (in ac- UNITED STATES SENTENCING COMMISSION For expenses necessary for the operation of cordance with Criminal Justice Act maxi- SALARIES AND EXPENSES the Supreme Court, as required by law, ex- mums) and reimbursement of expenses of at- For the salaries and expenses necessary to cluding care of the building and grounds, in- torneys appointed to assist the court in carry out the provisions of chapter 58 of title cluding purchase or hire, driving, mainte- criminal cases where the defendant has 28, United States Code, $8,300,000, of which nance, and operation of an automobile for waived representation by counsel; the com- the Chief Justice, not to exceed $10,000 for not to exceed $1,000 is authorized for official pensation and reimbursement of travel ex- reception and representation expenses. the purpose of transporting Associate Jus- penses of guardians ad litem acting on behalf tices, and hire of passenger motor vehicles as of financially eligible minor or incompetent GENERAL PROVISIONS—THE JUDICIARY authorized by 31 U.S.C. 1343 and 1344; not to offenders in connection with transfers from SEC. 301. Appropriations and authoriza- exceed $10,000 for official reception and rep- the United States to foreign countries with tions made in this title which are available resentation expenses; and for miscellaneous which the United States has a treaty for the for salaries and expenses shall be available expenses, to be expended as the Chief Justice execution of penal sentences; and the com- for services as authorized by 5 U.S.C. 3109. SEC. 302. Appropriations made in this title may approve; $27,157,000. pensation of attorneys appointed to rep- shall be available for salaries and expenses of resent jurors in civil actions for the protec- CARE OF THE BUILDING AND GROUNDS the Special Court established under the Re- tion of their employment, as authorized by For such expenditures as may be necessary gional Rail Reorganization Act of 1973, Pub- 28 U.S.C. 1875(d); $297,000,000, to remain avail- to enable the Architect of the Capitol to lic Law 93–236. carry out the duties imposed upon him by able until expended as authorized by 18 SEC. 303. Not to exceed 5 percent of any ap- the Act approved May 7, 1934 (40 U.S.C. 13a– U.S.C. 3006A(i). propriation made available for the current 13b), $2,490,000, of which $260,000 shall remain FEES OF JURORS AND COMMISSIONERS fiscal year for the Judiciary in this Act may available until expended. For fees and expenses of jurors as author- be transferred between such appropriations, UNITED STATES COURT OF APPEALS FOR THE ized by 28 U.S.C. 1871 and 1876; compensation but no such appropriation, except ‘‘Courts of Appeals, District Courts, and other Judicial FEDERAL CIRCUIT of jury commissioners as authorized by 28 U.S.C. 1863; and compensation of commis- Services, Defender Services’’ and ‘‘Courts of SALARIES AND EXPENSES sioners appointed in condemnation cases Appeals, District Courts, and other Judicial For salaries of the chief judge, judges, and pursuant to rule 71A(h) of the Federal Rules Services, Fees of Jurors and Commis- other officers and employees, and for nec- of Civil Procedure (28 U.S.C. Appendix Rule sioners’’, shall be increased by more than 10 essary expenses of the court, as authorized 71A(h)); $66,000,000, to remain available until percent by any such transfers: Provided, That by law, $15,013,000. expended: Provided, That the compensation any transfer pursuant to this section shall be UNITED STATES COURT OF INTERNATIONAL of land commissioners shall not exceed the treated as a reprogramming of funds under TRADE daily equivalent of the highest rate payable section 605 of this Act and shall not be avail- able for obligation or expenditure except in SALARIES AND EXPENSES under section 5332 of title 5, United States Code. compliance with the procedures set forth in For salaries of the chief judge and eight that section. judges, salaries of the officers and employees COURT SECURITY SEC. 304. Notwithstanding any other provi- of the court, services as authorized by 5 For necessary expenses, not otherwise pro- sion of law, the salaries and expenses appro- U.S.C. 3109, and necessary expenses of the vided for, incident to the procurement, in- priation for district courts, courts of ap- court, as authorized by law, $11,114,000. stallation, and maintenance of security peals, and other judicial services shall be July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8221

available for official reception and represen- Notwithstanding section 402 of this Act, EMERGENCIES IN THE DIPLOMATIC AND tation expenses of the Judicial Conference of not to exceed 20 percent of the amounts CONSULAR SERVICE the United States: Provided, That such avail- made available in this Act in the appropria- For expenses necessary to enable the Sec- able funds shall not exceed $10,000 and shall tion accounts ‘‘Diplomatic and Consular Pro- retary of State to meet unforeseen emer- be administered by the Director of the Ad- grams’’ and ‘‘Salaries and Expenses’’ under gencies arising in the Diplomatic and Con- ministrative Office of the United States the heading ‘‘Administration of Foreign Af- sular Service pursuant to the requirement of Courts in his capacity as Secretary of the fairs’’ may be transferred between such ap- 31 U.S.C. 3526(e), $5,800,000, to remain avail- Judicial Conference. propriation accounts: Provided, That any able until expended as authorized by section SEC. 305. Section 612(l) of title 28, United transfer pursuant to this sentence shall be 24(c) of the State Department Basic Authori- States Code, shall be amended as follows: treated as a reprogramming of funds under ties Act of 1956 (22 U.S.C. 2696(c)), of which strike ‘‘1997’’, and insert in lieu thereof section 605 of this Act and shall not be avail- not to exceed $1,000,000 may be transferred to ‘‘1998’’. able for obligation or expenditure except in and merged with the Repatriation Loans This title may be cited as ‘‘The Judiciary compliance with the procedures set forth in Program Account, subject to the same terms Appropriations Act, 1997’’. that section. and conditions. TITLE IV—DEPARTMENT OF STATE AND SALARIES AND EXPENSES REPATRIATION LOANS PROGRAM ACCOUNT RELATED AGENCIES For the cost of direct loans, $593,000, as au- DEPARTMENT OF STATE For expenses necessary for the general ad- thorized by section 4 of the State Depart- ministration of the Department of State and ADMINISTRATION OF FOREIGN AFFAIRS ment Basic Authorities Act of 1956 (22 U.S.C. the Foreign Service, provided for by law, in- 2671): Provided, That such costs, including DIPLOMATIC AND CONSULAR PROGRAMS cluding expenses authorized by section 9 of For necessary expenses of the Department the cost of modifying such loans, shall be as the Act of August 31, 1964, as amended (31 defined in section 502 of the Congressional of State and the Foreign Service not other- U.S.C. 3721), and the State Department Basic wise provided for, including expenses author- Budget Act of 1974. In addition, for adminis- Authorities Act of 1956, as amended, trative expenses necessary to carry out the ized by the State Department Basic Authori- $352,300,000. direct loan program, $663,000 which may be ties Act of 1956, as amended; representation transferred to and merged with the Salaries to certain international organizations in CAPITAL INVESTMENT FUND and Expenses account under Administration which the United States participates pursu- For necessary expenses of the Capital In- of Foreign Affairs. ant to treaties, ratified pursuant to the ad- vestment Fund, $16,400,000, to remain avail- vice and consent of the Senate, or specific able until expended, as authorized in Public PAYMENT TO THE AMERICAN INSTITUTE IN Acts of Congress; acquisition by exchange or Law 103–236: Provided, That section 135(e) of TAIWAN purchase of passenger motor vehicles as au- Public Law 103–236 shall not apply to funds For necessary expenses to carry out the thorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and appropriated under this heading. Taiwan Relations Act, Public Law 96–8 (93 Stat. 14), $15,001,000. 22 U.S.C. 2674; and for expenses of general ad- OFFICE OF INSPECTOR GENERAL ministration; $1,705,000,000: Provided, That PAYMENT TO THE FOREIGN SERVICE notwithstanding section 140(a)(5), and the For necessary expenses of the Office of In- RETIREMENT AND DISABILITY FUND second sentence of section 140(a)(3), of the spector General in carrying out the provi- For payment to the Foreign Service Re- Foreign Relations Authorization Act, Fiscal sions of the Inspector General Act of 1978, as tirement and Disability Fund, as authorized Years 1994 and 1995 (Public Law 103–236), not amended (5 U.S.C. App.), $27,495,000, notwith- by law, $126,491,000. standing section 209(a)(1) of the Foreign to exceed $150,000,000 of fees may be collected INTERNATIONAL ORGANIZATIONS AND Service Act of 1980, as amended (Public Law during fiscal year 1997 under the authority of CONFERENCES 96–465), as it relates to post inspections: Pro- section 140(a)(1) of that Act: Provided further, CONTRIBUTIONS TO INTERNATIONAL That all fees collected under the preceding vided, That notwithstanding any other provi- sion of law, (1) the Office of Inspector Gen- ORGANIZATIONS proviso shall be deposited in fiscal year 1997 For expenses, not otherwise provided for, as an offsetting collection to appropriations eral of the United States Information Agen- cy is hereby merged with the Office of In- necessary to meet annual obligations of made under this heading to recover the costs membership in international multilateral or- of providing consular services and shall re- spector General of the Department of State; (2) the functions exercised and assigned to ganizations, pursuant to treaties ratified main available until expended: Provided fur- pursuant to the advice and consent of the ther, That in fiscal year 1998, a system shall the Office of Inspector General of the United States Information Agency before the effec- Senate, conventions or specific Acts of Con- be in place that allocates to each department gress, $875,000,000: Provided, That any pay- and agency the full cost of its presence out- tive date of this Act (including all related functions) are transferred to the Office of In- ment of arrearages shall be directed toward side of the United States. special activities that are mutually agreed spector General of the Department of State; Of the funds provided under this heading, upon by the United States and the respective and (3) the Inspector General of the Depart- $24,856,000 shall be available only for the Dip- international organization: Provided further, ment of State shall also serve as the Inspec- lomatic Telecommunications Service for op- That 20 percent of the funds appropriated in tor General of the United States Information eration of existing base services and not to this paragraph for the assessed contribution Agency. exceed $17,230,000 shall be available only for of the United States to the United Nations the enhancement of the Diplomatic Tele- REPRESENTATION ALLOWANCES shall be withheld from obligation and ex- communications Service and shall remain For representation allowances as author- penditure until a certification is made under available until expended. Of the latter ized by section 905 of the Foreign Service Act section 401(b) of Public Law 103–236 for fiscal amount, $2,500,000 shall not be made avail- of 1980, as amended (22 U.S.C. 4085), $4,490,000. year 1997: Provided further, That certification able until expiration of the 15 day period be- under section 401(b) of Public Law 103–236 for ginning on the date when the Secretary of PROTECTION OF FOREIGN MISSIONS AND fiscal year 1997 may only be made if the State and the Director of the Diplomatic OFFICIALS Committees on Appropriations and Foreign Telecommunications Service submit the For expenses, not otherwise provided, to Relations of the Senate and the Committees pilot program report required by section 507 enable the Secretary of State to provide for on Appropriations and International Rela- of Public Law 103–317. extraordinary protective services in accord- tions of the House of Representatives are no- In addition, not to exceed $700,000 in reg- ance with the provisions of section 214 of the tified of the steps taken, and anticipated, to istration fees collected pursuant to section State Department Basic Authorities Act of meet the requirements of section 401(b) of 38 of the Arms Export Control Act, as 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, Public Law 103–236 at least 15 days in ad- amended, may be used in accordance with $8,332,000, to remain available until Septem- vance of the proposed certification: Provided section 45 of the State Department Basic Au- ber 30, 1998. further, That none of the funds appropriated thorities Act of 1956 (22 U.S.C. 2717); and in in this paragraph shall be available for a SECURITY AND MAINTENANCE OF UNITED STATES addition not to exceed $1,223,000 shall be de- United States contribution to an inter- MISSIONS rived from fees collected from other execu- national organization for the United States tive agencies for lease or use of facilities lo- For necessary expenses for carrying out share of interest costs made known to the cated at the International Center in accord- the Foreign Service Buildings Act of 1926, as United States Government by such organiza- ance with section 4 of the International Cen- amended (22 U.S.C. 292–300), and the Diplo- tion for loans incurred on or after October 1, ter Act (Public Law 90–553), as amended; and matic Security Construction Program as au- 1984, through external borrowings: Provided in addition, as authorized by section 5 of thorized by title IV of the Omnibus Diplo- further, That of the funds appropriated in such Act, $450,000, to be derived from the re- matic Security and Antiterrorism Act of 1986 this paragraph, $80,000,000 may be made serve authorized by that section, to be used (22 U.S.C. 4851), $370,000,000, to remain avail- available only on a quarterly basis and only for the purposes set out in that section; and able until expended as authorized by section after the Secretary of State certifies on a in addition not to exceed $15,000 which shall 24(c) of the State Department Basic Authori- quarterly basis that the United Nations has be derived from reimbursements, surcharges, ties Act of 1956 (22 U.S.C. 2696(c)): Provided, taken no action to increase funding for any and fees for use of Blair House facilities in That none of the funds appropriated in this United Nations program without identifying accordance with section 46 of the State of paragraph shall be available for acquisition an offsetting decrease elsewhere in the Unit- Department Basic Authorities Act of 1956 (22 of furniture and furnishings and generators ed Nations budget and cause the United Na- U.S.C. 2718(a)). for other departments and agencies. tions to exceed its no growth budget for the H8222 CONGRESSIONAL RECORD — HOUSE July 23, 1996 biennium 1996–1997 adopted in December, not to exceed $6,000 for representation; as ceived from or in connection with English 1995: Provided further, That notwithstanding follows: teaching, library, motion pictures, student section 402 of this Act, not to exceed SALARIES AND EXPENSES advising and counseling, and publication pro- $10,000,000 may be transferred from the funds grams as authorized by section 810 of such For salaries and expenses, not otherwise made available under this heading to the Act of 1948 (22 U.S.C. 1475e): Provided further, provided for, $18,490,000. ‘‘International Conferences and Contin- That not to exceed $1,100,000 to remain avail- gencies’’ account for assessed contributions CONSTRUCTION able until expended may be used to carry out to new or provisional international organiza- For detailed plan preparation and con- projects involving security construction and tions: Provided further, That any transfer struction of authorized projects, $6,463,000, to related improvements for agency facilities pursuant to this paragraph shall be treated remain available until expended, as author- not physically located together with Depart- as a reprogramming of funds under section ized by section 24(c) of the State Department ment of State facilities abroad. 605 of this Act and shall not be available for Basic Authorities Act of 1956 (22 U.S.C. TECHNOLOGY FUND obligation or expenditure except in compli- 2696(c)). For expenses necessary to enable the Unit- ance with the procedures set forth in that AMERICAN SECTIONS, INTERNATIONAL ed States Information Agency to provide for section. COMMISSIONS the procurement of information technology CONTRIBUTIONS FOR INTERNATIONAL For necessary expenses, not otherwise pro- improvements, as authorized by the United PEACEKEEPING ACTIVITIES vided for the International Joint Commis- States Information and Educational Ex- For necessary expenses to pay assessed and sion and the International Boundary Com- change Act of 1948, as amended (22 U.S.C. 1431 other expenses of international peacekeeping mission, United States and Canada, as au- et seq.), the Mutual Educational and Cul- activities directed to the maintenance or thorized by treaties between the United tural Exchange Act of 1961, as amended (22 restoration of international peace and secu- States and Canada or Great Britain, and for U.S.C. 2451 et seq.), and Reorganization Plan rity, $332,400,000, of which $50,000,000 is for the Border Environment Cooperation Com- No. 2 of 1977 (91 Stat. 1636), $5,050,000, to re- payment of arrearages accumulated in 1995, mission as authorized by Public Law 103–182; main available until expended. and which shall be available only upon cer- $5,490,000, of which not to exceed $9,000 shall EDUCATIONAL AND CULTURAL EXCHANGE tification by the Secretary of State that at be available for representation expenses in- PROGRAMS least two of the following have been curred by the International Joint Commis- For expenses of educational and cultural achieved: (1) savings of at least $100,000,000 sion. exchange programs, as authorized by the Mu- will be achieved in the biennial expenses of INTERNATIONAL FISHERIES COMMISSIONS tual Educational and Cultural Exchange Act the following United Nations divisions and For necessary expenses for international of 1961, as amended (22 U.S.C. 2451 et seq.), activities—the United Nations Conference on fisheries commissions, not otherwise pro- and Reorganization Plan No. 2 of 1977 (91 Trade and Development, the Regional Eco- vided for, as authorized by law, $10,450,000: Stat. 1636), $185,000,000, to remain available nomic Commissions, the Department of Pub- Provided, That the United States’ share of until expended as authorized by section 105 lic Information, and the Department of Con- such expenses may be advanced to the re- of such Act of 1961 (22 U.S.C. 2455). ference Services, travel and overtime; (2) the spective commissions, pursuant to 31 U.S.C. number of professional and general service EISENHOWER EXCHANGE FELLOWSHIP PROGRAM 3324. staff employed by the United Nations Sec- TRUST FUND retariat at the conclusion of the 1996–1997 bi- OTHER For necessary expenses of Eisenhower Ex- ennium will be at least ten percent below the PAYMENT TO THE ASIA FOUNDATION change Fellowships, Incorporated, as author- number of such positions on January 1, 1996; For a grant to the Asia Foundation, as au- ized by sections 4 and 5 of the Eisenhower and (3) the United Nations has adopted a thorized by section 501 of Public Law 101–246, Exchange Fellowship Act of 1990 (20 U.S.C. budget outline for the 1998–1999 biennium $8,000,000, to remain available until ex- 5204–5205), all interest and earnings accruing that is below $2,608,000,000; as part of a five- pended, as authorized by section 24(c) of the to the Eisenhower Exchange Fellowship Pro- year program to achieve major cost-saving State Department Basic Authorities Act of gram Trust Fund on or before September 30, reforms in the United Nations and special- 1956 (22 U.S.C. 2696(c)). 1997, to remain available until expended: Pro- vided, That none of the funds appropriated ized agencies: Provided, That none of the RELATED AGENCIES funds made available under this Act shall be herein shall be used to pay any salary or obligated or expended for any new or ex- ARMS CONTROL AND DISARMAMENT AGENCY other compensation, or to enter into any panded United Nations peacekeeping mission ARMS CONTROL AND DISARMAMENT ACTIVITIES contract providing for the payment thereof, unless, at least fifteen days in advance of For necessary expenses not otherwise pro- in excess of the rate authorized by 5 U.S.C. voting for the new or expanded mission in vided, for arms control, nonproliferation, 5376; or for purposes which are not in accord- the United Nations Security Council (or in and disarmament activities, $38,495,000, of ance with OMB Circulars A–110 (Uniform Ad- an emergency, as far in advance as is prac- which not to exceed $50,000 shall be for offi- ministrative Requirements) and A–122 (Cost ticable), (1) the Committees on Appropria- cial reception and representation expenses as Principles for Non-profit Organizations), in- tions of the House of Representatives and authorized by the Act of September 26, 1961, cluding the restrictions on compensation for the Senate and other appropriate Commit- as amended (22 U.S.C. 2551 et seq.). personal services. tees of the Congress are notified of the esti- UNITED STATES INFORMATION AGENCY ISRAELI ARAB SCHOLARSHIP PROGRAM mated cost and length of the mission, the SALARIES AND EXPENSES For necessary expenses of the Israeli Arab vital national interest that will be served, Scholarship Program as authorized by sec- For expenses, not otherwise provided for, and the planned exit strategy; and (2) a re- tion 214 of the Foreign Relations Authoriza- necessary to enable the United States Infor- programming of funds pursuant to section tion Act, Fiscal Years 1992 and 1993 (22 U.S.C. mation Agency, as authorized by the Mutual 605 of this Act is submitted, and the proce- 2452), all interest and earnings accruing to Educational and Cultural Exchange Act of dures therein followed, setting forth the the Israeli Arab Scholarship Fund on or be- 1961, as amended (22 U.S.C. 2451 et seq.), the source of funds that will be used to pay for fore September 30, 1997, to remain available United States Information and Educational the cost of the new or expanded mission: Pro- until expended. vided further, That funds shall be available Exchange Act of 1948, as amended (22 U.S.C. for peacekeeping expenses only upon a cer- 1431 et seq.), and Reorganization Plan No. 2 INTERNATIONAL BROADCASTING OPERATIONS tification by the Secretary of State to the of 1977 (91 Stat. 1636), to carry out inter- For expenses necessary to enable the Unit- appropriate committees of the Congress that national communication, educational and ed States Information Agency, as authorized American manufacturers and suppliers are cultural activities; and to carry out related by the United States Information and Edu- being given opportunities to provide equip- activities authorized by law, including em- cational Exchange Act of 1948, as amended, ment, services, and material for United Na- ployment, without regard to civil service and the United States International Broadcast- tions peacekeeping activities equal to those classification laws, of persons on a tem- ing Act of 1994, as amended, the Radio Broad- being given to foreign manufacturers and porary basis (not to exceed $700,000 of this casting to Cuba Act, as amended, and Reor- suppliers. appropriation), as authorized by section 801 ganization Plan No. 2 of 1977, to carry out INTERNATIONAL COMMISSIONS of such Act of 1948 (22 U.S.C. 1471), and enter- international communication activities, in- tainment, including official receptions, with- cluding the purchase, installation, rent, con- For necessary expenses, not otherwise pro- in the United States, not to exceed $25,000 as struction, or improvement of facilities and vided for, to meet obligations of the United authorized by section 804(3) of such Act of equipment for radio transmission and recep- States arising under treaties, or specific 1948 (22 U.S.C. 1474(3)); $439,300,000: Provided, tion to Cuba; $335,700,000, of which not to ex- Acts of Congress, as follows: That not to exceed $1,400,000 may be used for ceed $16,000 may be used for official recep- INTERNATIONAL BOUNDARY AND WATER representation abroad as authorized by sec- tions within the United States as authorized COMMISSION, UNITED STATES AND MEXICO tion 302 of such Act of 1948 (22 U.S.C. 1452) by section 804(3) of such Act of 1948 (22 U.S.C. For necessary expenses for the United and section 905 of the Foreign Service Act of 1474(3)), not to exceed $35,000 may be used for States Section of the International Bound- 1980 (22 U.S.C. 4085): Provided further, That representation abroad as authorized by sec- ary and Water Commission, United States not to exceed $7,615,000, to remain available tion 302 of such Act of 1948 (22 U.S.C. 1452) and Mexico, and to comply with laws appli- until expended, may be credited to this ap- and section 905 of the Foreign Service Act of cable to the United States Section, including propriation from fees or other payments re- 1980 (22 U.S.C. 4085), and not to exceed $39,000 July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8223 may be used for official reception and rep- sponse to funding reductions included in this thorized to furnish utilities and services and resentation expenses of Radio Free Europe/ title shall be absorbed within the total budg- make necessary repairs in connection with Radio Liberty; and in addition, not to exceed etary resources available to such Depart- any lease, contract, or occupancy involving $250,000 from fees as authorized by section ment or agency: Provided, That the authority Government property under control of the 810 of such Act of 1948 (22 U.S.C. 1475e), to re- to transfer funds between appropriations ac- Maritime Administration, and payments re- main available until expended for carrying counts as may be necessary to carry out this ceived therefor shall be credited to the ap- out authorized purposes; and in addition, section is provided in addition to authorities propriation charged with the cost thereof: notwithstanding any other provision of law, included elsewhere in this Act: Provided fur- Provided, That rental payments under any not to exceed $1,000,000 in monies received ther, That use of funds to carry out this sec- such lease, contract, or occupancy for items (including receipts from advertising, if any) tion shall be treated as a reprogramming of other than such utilities, services, or repairs by or for the use of the United States Infor- funds under section 605 of this Act and shall shall be covered into the Treasury as mis- mation Agency from or in connection with not be available for obligation or expendi- cellaneous receipts. broadcasting resources owned by or on behalf ture except in compliance with the proce- No obligations shall be incurred during the of the Agency, to be available until expended dures set forth in that section. current fiscal year from the construction for carrying out authorized purposes. SEC. 406. None of the Funds made available fund established by the Merchant Marine by this Act or any other Act may be made RADIO CONSTRUCTION Act, 1936, or otherwise, in excess of the ap- available to support the negotiating activi- propriations and limitations contained in For the purchase, rent, construction, and ties of the Standing Consultative Commis- this Act or in any prior appropriation Act, improvement of facilities for radio trans- sion (SCC) or to implement agreements, and all receipts which otherwise would be de- mission and reception, and purchase and in- amendments, or understandings to the Anti- posited to the credit of said fund shall be stallation of necessary equipment for radio Ballistic Missile Treaty of 1972 (hereafter re- covered into the Treasury as miscellaneous and television transmission and reception as ferred to as the ‘‘ABM Treaty’’) reached receipts. authorized by section 801 of the United after January 1, 1996 by the Standing Con- States Information and Educational Ex- sultative Commission or pursuant to United COMMISSION FOR THE PRESERVATION OF change Act of 1948 (22 U.S.C. 1471), $39,000,000, States-Russian bilateral discussions regard- AMERICA’S HERITAGE ABROAD to remain available until expended, as au- ing the establishment of a demarcation be- SALARIES AND EXPENSES thorized by section 704(a) of such Act of 1948 tween theater missile defense systems and For expenses for the Commission for the (22 U.S.C. 1477b(a)). anti-ballistic missile systems for the pur- Preservation of America’s Heritage Abroad, poses of the ABM Treaty or NATIONAL ENDOWMENT FOR DEMOCRACY $206,000, as authorized by Public Law 99–83, multilateralization of the ABM Treaty un- section 1303. For grants made by the United States In- less the President certifies to the Congress COMMISSION ON CIVIL RIGHTS formation Agency to the National Endow- that any amendments, agreements, or under- ment for Democracy as authorized by the standings reached pursuant to these activi- SALARIES AND EXPENSES National Endowment for Democracy Act, ties or discussions will be submitted to the For necessary expenses of the Commission $30,000,000, to remain available until ex- Senate for its advice and consent. on Civil Rights, including hire of passenger pended. This title may be cited as the ‘‘Department motor vehicles, $8,740,000: Provided, That not GENERAL PROVISIONS—DEPARTMENT OF STATE of State and Related Agencies Appropria- to exceed $50,000 may be used to employ con- AND RELATED AGENCIES tions Act, 1997’’. sultants: Provided further, That none of the funds appropriated in this paragraph shall be SEC. 401. Funds appropriated under this TITLE V—RELATED AGENCIES used to employ in excess of four full-time in- title shall be available, except as otherwise DEPARTMENT OF TRANSPORTATION dividuals under Schedule C of the Excepted provided, for allowances and differentials as MARITIME ADMINISTRATION Service exclusive of one special assistant for authorized by subchapter 59 of 5 U.S.C.; for OPERATING-DIFFERENTIAL SUBSIDIES each Commissioner: Provided further, That services as authorized by 5 U.S.C. 3109; and (LIQUIDATION OF CONTRACT AUTHORITY) none of the funds appropriated in this para- hire of passenger transportation pursuant to For the payment of obligations incurred graph shall be used to reimburse Commis- 31 U.S.C. 1343(b). for operating-differential subsidies, as au- sioners for more than 75 billable days, with SEC. 402. Not to exceed 5 percent of any ap- thorized by the Merchant Marine Act, 1936, the exception of the Chairperson who is per- propriation made available for the current as amended, $148,430,000, to remain available mitted 125 billable days. fiscal year for the Department of State in until expended. this Act may be transferred between such ap- COMMISSION ON IMMIGRATION REFORM propriations, but no such appropriation, ex- MARITIME SECURITY PROGRAM SALARIES AND EXPENSES cept as otherwise specifically provided, shall For necessary expenses to maintain and For necessary expenses of the Commission be increased by more than 10 percent by any preserve a U.S.-flag merchant fleet to serve on Immigration Reform pursuant to section such transfers: Provided, That not to exceed the national security needs of the United 141(f) of the Immigration Act of 1990, 5 percent of any appropriation made avail- States, $63,000,000, to remain available until $2,196,000, to remain available until ex- able for the current fiscal year for the Unit- expended: Provided, That these funds will be pended. available only upon enactment of an author- ed States Information Agency in this Act OMMISSION ON SECURITY AND COOPERATION IN ization for this program. C may be transferred between such appropria- EUROPE OPERATIONS AND TRAINING tions, but no such appropriation, except as SALARIES AND EXPENSES For necessary expenses of operations and otherwise specifically provided, shall be in- For necessary expenses of the Commission creased by more than 10 percent by any such training activities authorized by law, $62,300,000: Provided, That reimbursements on Security and Cooperation in Europe, as transfers: Provided further, That any transfer authorized by Public Law 94–304, $1,090,000, to pursuant to this section shall be treated as a may be made to this appropriation from re- ceipts to the ‘‘Federal Ship Financing Fund’’ remain available until expended as author- reprogramming of funds under section 605 of ized by section 3 of Public Law 99–7. this Act and shall not be available for obliga- for administrative expenses in support of tion or expenditure except in compliance that program in addition to any amount EQUAL EMPLOYMENT OPPORTUNITY with the procedures set forth in that section. heretofore appropriated. COMMISSION SEC. 403. Funds hereafter appropriated or MARITIME GUARANTEED LOAN (TITLE XI) SALARIES AND EXPENSES otherwise made available under this Act or PROGRAM ACCOUNT For necessary expenses of the Equal Em- any other Act may be expended for com- For the cost of guaranteed loans, as au- ployment Opportunity Commission as au- pensation of the United States Commissioner thorized by the Merchant Marine Act, 1936, thorized by title VII of the Civil Rights Act of the International Boundary Commission, $37,450,000, to remain available until ex- of 1964, as amended (29 U.S.C. 206(d) and 621– United States and Canada, only for actual pended: Provided, That such costs, including 634), the Americans with Disabilities Act of hours worked by such Commissioner. the cost of modifying such loans, shall be as 1990, and the Civil Rights Act of 1991, includ- SEC. 404. Funds appropriated by this Act defined in section 502 of the Congressional ing services as authorized by 5 U.S.C. 3109; for the United States Information Agency, Budget Act of 1974, as amended: Provided fur- hire of passenger motor vehicles as author- the Arms Control and Disarmament Agency, ther, That these funds are available to sub- ized by 31 U.S.C. 1343(b); non-monetary and the Department of State may be obli- sidize total loan principal, any part of which awards to private citizens; not to exceed gated and expended notwithstanding section is to be guaranteed, not to exceed $26,500,000, for payments to State and local 701 of the United States Information and $1,000,000,000. enforcement agencies for services to the Educational Exchange Act of 1948 and sec- In addition, for administrative expenses to Commission pursuant to title VII of the Civil tion 313 of the Foreign Relations Authoriza- carry out the guaranteed loan program, not Rights Act of 1964, as amended, sections 6 tion Act, Fiscal Years 1994 and 1995, section to exceed $3,450,000, which shall be trans- and 14 of the Age Discrimination in Employ- 53 of the Arms Control and Disarmament ferred to and merged with the appropriation ment Act, the Americans with Disabilities Act, and section 15 of the State Department for Operations and Training. Act of 1990, and the Civil Rights Act of 1991; Basic Authorities Act of 1956. ADMINISTRATIVE PROVISIONS—MARITIME $232,740,000: Provided, That the Commission is SEC. 405. Any costs incurred by a Depart- ADMINISTRATION authorized to make available for official re- ment or agency funded under this title re- Notwithstanding any other provision of ception and representation expenses not to sulting from personnel actions taken in re- this Act, the Maritime Administration is au- exceed $2,500 from available funds. H8224 CONGRESSIONAL RECORD — HOUSE July 23, 1996

FEDERAL COMMUNICATIONS COMMISSION in a final fiscal year 1997 appropriation from ing in the same household as the alien and SALARIES AND EXPENSES the General Fund estimated at not more the spouse or parent consented or acquiesced For necessary expenses of the Federal than $27,025,000, to remain available until ex- to such battery or cruelty; or Communications Commission, as authorized pended: Provided further, That any fees re- (ii) an alien whose child has been battered by law, including uniforms and allowances ceived in excess of $58,905,000 in fiscal year or subjected to extreme cruelty in the Unit- therefor, as authorized by 5 U.S.C. 5901–02; 1997 shall remain available until expended, ed States by a spouse or parent of the alien not to exceed $600,000 for land and structure; but shall not be available for obligation until (without the active participation of the alien not to exceed $500,000 for improvement and October 1, 1997: Provided further, That none of in the battery or extreme cruelty), or by a care of grounds and repair to buildings; not the funds made available to the Federal member of the spouse’s or parent’s family re- to exceed $4,000 for official reception and rep- Trade Commission shall be available for obli- siding in the same household as the alien and resentation expenses; purchase (not to ex- gation for expenses authorized by section 151 the spouse or parent consented or acquiesced ceed sixteen) and hire of motor vehicles; spe- of the Federal Deposit Insurance Corporation to such battery or cruelty, and the alien did cial counsel fees; and services as authorized Improvement Act of 1991 (Public Law 102–242, not actively participate in such battery or by 5 U.S.C. 3109; $185,619,000, of which not to 105 Stat. 2282–2285). cruelty. exceed $300,000 shall remain available until LEGAL SERVICES CORPORATION (b) DEFINITIONS.—For purposes of sub- section (a)(2)(C): September 30, 1998, for research and policy PAYMENT TO THE LEGAL SERVICES (1) The term ‘‘battered or subjected to ex- studies: Provided, That $126,400,000 of offset- CORPORATION ting collections shall be assessed and col- treme cruelty’’ has the meaning given such For payment to the Legal Services Cor- lected pursuant to section 9 of title I of the term under regulations issued pursuant to poration to carry out the purposes of the Communications Act of 1934, as amended, subtitle G of the Violence Against Women Legal Services Corporation Act of 1974, as and shall be retained and used for necessary Act of 1994 (Pub. L. 103–322; 108 Stat. 1953). amended, $141,000,000, of which $134,575,000 is expenses in this appropriation, and shall re- (2) The term ‘‘related legal assistance’’ for basic field programs and required inde- main available until expended: Provided fur- means legal assistance directly related to pendent audits; $1,125,000 is for the Office of ther, That the sum herein appropriated shall the prevention of, or obtaining of relief from, the Inspector General, of which such be reduced as such offsetting collections are the battery or cruelty described in such sub- amounts as may be necessary may be used to received during fiscal year 1997 so as to re- section. conduct additional audits of recipients; and sult in a final fiscal year 1997 appropriation SEC. 503. (a) CONTINUATION OF AUDIT RE- $5,300,000 is for management and administra- estimated at $59,219,000: Provided further, QUIREMENTS.—The requirements of section tion. That any offsetting collections received in 509 of Public Law 104–134 (101 Stat. 1321–146 et excess of $126,400,000 in fiscal year 1997 shall ADMINISTRATIVE PROVISIONS—LEGAL SERVICES seq.), other than subsection (l) of such sec- remain available until expended, but shall CORPORATION tion, shall apply during fiscal year 1997. not be available for obligation until October SEC. 501. (a) CONTINUATION OF COMPETITIVE (b) REQUIREMENT OF ANNUAL AUDIT.—An 1, 1997: Provided further, That none of the SELECTION PROCESS.—None of the funds ap- annual audit of each person or entity receiv- funds appropriated by this Act shall be used propriated in this Act to the Legal Services ing financial assistance from the Legal Serv- to deny or delay action on a license, license Corporation may be used to provide financial ices Corporation under this Act shall be con- transfer or assignment, or license renewal assistance to any person or entity except ducted during fiscal year 1997 in accordance for any religious or religiously affiliated en- through a competitive selection process con- with the requirements referred to in sub- tity on the basis that its recruitment or hir- ducted in accordance with regulations pro- section (a). ing of full or part time employees for any po- mulgated by the Corporation in accordance MARINE MAMMAL COMMISSION sition at a broadcast facility licensed to such with the criteria set forth in subsections (c), SALARIES AND EXPENSES entity is or was limited to persons of a par- (d), and (e) of section 503 of Public Law 104– For necessary expenses of the Marine ticular religion or having particular reli- 134 (110 Stat. 1321–130 et seq.). Mammal Commission as authorized by title gious knowledge, training, or interests: Pro- (b) INAPPLICABILITY OF NONCOMPETITIVE II of Public Law 92–522, as amended, $975,000. vided further, That the preceding proviso PROCEDURES.—For purposes of the funding shall not apply with respect to any appeal provided in this Act, rights under sections NATIONAL BANKRUPTCY REVIEW COMMISSION from a decision of any administrative law 1007(a)(9) and 1011 of the Legal Services Cor- SALARIES AND EXPENSES judge rendered on September 15, 1995. poration Act (42 U.S.C. 2996f(a)(9) and 42 For necessary expenses of the National FEDERAL MARITIME COMMISSION U.S.C. 2996j) shall not apply. Bankruptcy Review Commission, as author- SALARIES AND EXPENSES SEC. 502. (a) CONTINUATION OF REQUIRE- ized by the Bankruptcy Reform Act of 1994, MENTS AND RESTRICTIONS.—None of the funds For necessary expenses of the Federal Mar- $500,000. appropriated in this Act to the Legal Serv- itime Commission as authorized by section SECURITIES AND EXCHANGE COMMISSION ices Corporation shall be expended for any 201(d) of the Merchant Marine Act of 1936, as purpose prohibited or limited by, or contrary SALARIES AND EXPENSES amended (46 App. U.S.C. 1111), including serv- to any of the provisions of— For necessary expenses for the Securities ices as authorized by 5 U.S.C. 3109; hire of (1) sections 501, 502, 505, 506, and 507 of Pub- and Exchange Commission, including serv- passenger motor vehicles as authorized by 31 lic Law 104–134 (101 Stat. 1321–127 et seq.), and ices as authorized by 5 U.S.C. 3109, the rental U.S.C. 1343(b); and uniforms or allowances all funds appropriated in this Act to the of space (to include multiple year leases) in therefor, as authorized by 5 U.S.C. 5901–02; Legal Services Corporation shall be subject the District of Columbia and elsewhere, and $11,000,000: Provided, That not to exceed $2,000 to the same terms and conditions as set not to exceed $3,000 for official reception and shall be available for official reception and forth in such sections, except that all ref- representation expenses, $277,021,000, of representation expenses. erences in such sections to 1995 and 1996 shall which not to exceed $10,000 may be used to- FEDERAL TRADE COMMISSION be deemed to refer instead to 1996 and 1997, ward funding a permanent secretariat for the SALARIES AND EXPENSES respectively; and International Organization of Securities For necessary expenses of the Federal (2) section 504 of Public Law 104–134 (101 Commissions, and of which not to exceed Trade Commission, including uniforms or al- Stat. 1321–132 et seq.), and all funds appro- $100,000 shall be available for expenses for lowances therefor, as authorized by 5 U.S.C. priated in this Act to the Legal Services Cor- consultations and meetings hosted by the 5901–5902; services as authorized by 5 U.S.C. poration shall be subject to the same terms Commission with foreign governmental and 3109; hire of passenger motor vehicles; and and conditions set forth in such section, ex- other regulatory officials, members of their not to exceed $2,000 for official reception and cept that— delegations, appropriate representatives and representation expenses; $85,930,000: Provided, (A) subsection (c) of such section 504 shall staff to exchange views concerning develop- That not to exceed $300,000 shall be available not apply; ments relating to securities matters, devel- for use to contract with a person or persons (B) paragraph (3) of section 508(b) of Public opment and implementation of cooperation for collection services in accordance with Law 104–134 (101 Stat. 1321–147) shall apply agreements concerning securities matters the terms of 31 U.S.C. 3718, as amended: Pro- with respect to the requirements of sub- and provision of technical assistance for the vided further, That notwithstanding any section (a)(13) of such section 504, except development of foreign securities markets, other provision of law, not to exceed that all references in such section 508(b) to such expenses to include necessary logistic $58,905,000 of offsetting collections derived the date of enactment shall be deemed to and administrative expenses and the ex- from fees collected for premerger notifica- refer to April 26, 1996; and penses of Commission staff and foreign tion filings under the Hart-Scott-Rodino (C) subsection (a)(11) of such section 504 invitees in attendance at such consultations Antitrust Improvements Act of 1976 (15 shall not be construed to prohibit a recipient and meetings including (1) such incidental U.S.C. 18(a)) shall be retained and used for from using funds derived from a source other expenses as meals taken in the course of necessary expenses in this appropriation, and than the Corporation to provide related legal such attendance, (2) any travel and transpor- shall remain available until expended: Pro- assistance to— tation to or from such meetings, and (3) any vided further, That the sum herein appro- (i) an alien who has been battered or sub- other related lodging or subsistence: Pro- priated from the General Fund shall be re- jected to extreme cruelty in the United vided, That immediately upon enactment of duced as such offsetting collections are re- States by a spouse or a parent, or by a mem- this Act, the rate of fees under section 6(b) of ceived during fiscal year 1997, so as to result ber of the spouse’s or parent’s family resid- the Securities Act of 1933 (15 U.S.C. 77f(b)) July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8225

shall increase from one-fiftieth of one as authorized by 15 U.S.C. 631 note, of which SEC. 605. (a) None of the funds provided percentum to one-thirty-third of one $1,216,000, to be available until expended, under this Act, or provided under previous percentum, and such increase shall be depos- shall be for the Microloan Guarantee Pro- appropriations Acts to the agencies funded ited as an offsetting collection to this appro- gram, and of which $40,510,000 shall remain by this Act that remain available for obliga- priation, to remain available until expended, available until September 30, 1998: Provided, tion or expenditure in fiscal year 1997, or to recover costs of services of the securities That such costs, including the cost of modi- provided from any accounts in the Treasury registration process: Provided further, That fying such loans, shall be as defined in sec- of the United States derived by the collec- immediately upon enactment of this Act or tion 502 of the Congressional Budget Act of tion of fees available to the agencies funded September 1, 1996, whichever occurs later, 1974: Provided further, That during fiscal year by this Act, shall be available for obligation every national securities association shall 1997, commitments to guarantee loans under or expenditure through a reprogramming of pay to the Commission a fee at a rate of one- section 503 of the Small Business Investment funds which (1) creates new programs; (2) eight-hundredth of one percentum for each Act of 1958, as amended, shall not exceed the eliminates a program, project, or activity; $1,000,000 of the aggregate dollar amount of amount of financings authorized under sec- (3) increases funds or personnel by any sales transacted by or through any member tion 20(n)(2)(B) of the Small Business Act, as means for any project or activity for which of such association otherwise than on a na- amended. funds have been denied or restricted; (4) relo- tional securities exchange (other than bonds, In addition, for administrative expenses to cates an office or employees; (5) reorganizes debentures, and other evidences of indebted- carry out the direct and guaranteed loan offices, programs, or activities; or (6) con- ness) subject to prompt last sale reporting programs, $93,485,000, which may be trans- tracts out or privatizes any functions, or ac- pursuant to the rules of the Commission or a ferred to and merged with the appropriations tivities presently performed by Federal em- registered national securities association, for Salaries and Expenses. ployees; unless the Appropriations Commit- excluding any sales for which a fee is paid DISASTER LOANS PROGRAM ACCOUNT tees of both Houses of Congress are notified fifteen days in advance of such reprogram- under section 31 of the Securities Exchange For the cost of direct loans authorized by ming of funds. Act of 1934 (15 U.S.C. 78ee), and such increase section 7(b) of the Small Business Act, as (b) None of the funds provided under this shall be deposited as an offsetting collection amended, $105,432,000, to remain available Act, or provided under previous appropria- to this appropriation, to remain available until expended: That such costs, in- Provided, tions Acts to the agencies funded by this Act until expended, to recover the costs to the cluding the cost of modifying such loans, that remain available for obligation or ex- Government of the supervision and regula- shall be as defined in section 502 of the Con- penditure in fiscal year 1997, or provided tion of securities markets and securities pro- gressional Budget Act of 1974. from any accounts in the Treasury of the fessionals: Provided further, That the fee due In addition, for administrative expenses to United States derived by the collection of from every national securities association carry out the direct loan program, fees available to the agencies funded by this shall be paid (1) on or before March 15, 1997, $100,578,000, including not to exceed $500,000 Act, shall be available for obligation or ex- with respect to transactions occurring dur- for the Office of Inspector General of the penditure for activities, programs, or ing the period beginning immediately upon Small Business Administration for audits projects through a reprogramming of funds enactment of this Act or September 1, 1996, and reviews of disaster loans and the disaster in excess of $500,000 or 10 percent, whichever whichever occurs later, and ending at the loan program, and said sums may be trans- is less, that (1) augments existing programs, close of December 31, 1996; and (2) on or be- ferred to and merged with appropriations for projects, or activities; (2) reduces by 10 per- fore September 30, 1997, with respect to Salaries and Expenses and Office of Inspector cent funding for any existing program, transactions and sales occurring during the General. period beginning on January 1, 1997, and end- project, or activity, or numbers of personnel SURETY BOND GUARANTEES REVOLVING FUND ing at the close of August 31, 1997: Provided by 10 percent as approved by Congress; or (3) further, That the total amount appropriated For additional capital for the ‘‘Surety results from any general savings from a re- for fiscal year 1997 under this heading shall Bond Guarantees Revolving Fund’’, author- duction in personnel which would result in a be reduced as all such offsetting fees are de- ized by the Small Business Investment Act, change in existing programs, activities, or posited to this appropriation so as to result as amended, $3,730,000, to remain available projects as approved by Congress; unless the in a final total fiscal year 1997 appropriation without fiscal year limitation as authorized Appropriations Committees of both Houses from the General Fund estimated at not by 15 U.S.C. 631 note. of Congress are notified fifteen days in ad- more than $83,047,000: Provided further, That ADMINISTRATIVE PROVISION—SMALL BUSINESS vance of such reprogramming of funds. any such fees collected in excess of ADMINISTRATION SEC. 606. None of the funds made available $193,974,000 shall remain available until ex- SEC. 504. Not to exceed 5 percent of any ap- in this Act may be used for the construction, pended but shall not be available for obliga- propriation made available for the current repair (other than emergency repair), over- tion until October 1, 1997. fiscal year for the Small Business Adminis- haul, conversion, or modernization of vessels for the National Oceanic and Atmospheric SMALL BUSINESS ADMINISTRATION tration in this Act may be transferred be- Administration in shipyards located outside SALARIES AND EXPENSES tween such appropriations, but no such ap- propriation shall be increased by more than of the United States. For necessary expenses, not otherwise pro- SEC. 607. (a) PURCHASE OF AMERICAN-MADE 10 percent by any such transfers: Provided, vided for, of the Small Business Administra- EQUIPMENT AND PRODUCTS.—It is the sense of That any transfer pursuant to this section tion as authorized by Public Law 103–403, in- the Congress that, to the greatest extent shall be treated as a reprogramming of funds cluding hire of passenger motor vehicles as practicable, all equipment and products pur- under section 605 of this Act and shall not be authorized by 31 U.S.C. 1343 and 1344, and not chased with funds made available in this Act available for obligation or expenditure ex- to exceed $3,500 for official reception and rep- should be American-made. cept in compliance with the procedures set resentation expenses, $214,419,000, of which (b) NOTICE REQUIREMENT.—In providing fi- forth in that section. $94,218,000 shall be available for the non-cred- nancial assistance to, or entering into any it programs of the Small Business Adminis- TITLE VI—GENERAL PROVISIONS contract with, any entity using funds made tration, including $3,000,000 which shall only SEC. 601. No part of any appropriation con- available in this Act, the head of each Fed- be available for obligation and expenditure tained in this Act shall be used for publicity eral agency, to the greatest extent prac- for projects jointly developed, implemented or propaganda purposes not authorized by ticable, shall provide to such entity a notice and administered with the Minority Business the Congress. describing the statement made in subsection Development Agency of the Department of SEC. 602. No part of any appropriation con- (a) by the Congress. Commerce: Provided, That the Administrator tained in this Act shall remain available for SEC. 608. None of the funds made available is authorized to charge fees to cover the cost obligation beyond the current fiscal year un- in this Act may be used to implement, ad- of publications developed by the Small Busi- less expressly so provided herein. minister, or enforce any guidelines of the ness Administration, and certain loan servic- SEC. 603. The expenditure of any appropria- Equal Employment Opportunity Commission ing activities: Provided further, That not- tion under this Act for any consulting serv- covering harassment based on religion, when withstanding 31 U.S.C. 3302, revenues re- ice through procurement contract, pursuant it is made known to the Federal entity or of- ceived from all such activities shall be cred- to 5 U.S.C. 3109, shall be limited to those ficial to which such funds are made available ited to this account, to be available for car- contracts where such expenditures are a that such guidelines do not differ in any re- rying out these purposes without further ap- matter of public record and available for spect from the proposed guidelines published propriations. public inspection, except where otherwise by the Commission on October 1, 1993 (58 provided under existing law, or under exist- OFFICE OF INSPECTOR GENERAL Fed. Reg. 51266). ing Executive order issued pursuant to exist- SEC. 609. None of the funds appropriated or For necessary expenses of the Office of In- ing law. otherwise made available by this Act may be spector General in carrying out the provi- SEC. 604. If any provision of this Act or the obligated or expended to pay for any cost in- sions of the Inspector General Act of 1978, as application of such provision to any person curred for (1) opening or operating any Unit- amended (5 U.S.C. App. 1–11, as amended by or circumstances shall be held invalid, the ed States diplomatic or consular post in the Public Law 100–504), $8,900,000. remainder of the Act and the application of Socialist Republic of Vietnam that was not BUSINESS LOANS PROGRAM ACCOUNT each provision to persons or circumstances operating on July 11, 1995; (2) expanding any For the cost of direct loans, $2,792,000, and other than those as to which it is held in- United States diplomatic or consular post in for the cost of guaranteed loans, $161,876,000, valid shall not be affected thereby. the Socialist Republic of Vietnam that was H8226 CONGRESSIONAL RECORD — HOUSE July 23, 1996 operating on July 11, 1995; or (3) increasing ture except in compliance with the proce- An amendment by the gentleman the total number of personnel assigned to dures set forth in that section. from Georgia [Mr. COLLINS], regarding United States diplomatic or consular posts This Act may be cited as the ‘‘Depart- Federal prison industries, for 15 min- in the Socialist Republic of Vietnam above ments of Commerce, Justice, and State, the the levels existing on July 11, 1995, unless the Judiciary, and Related Agencies Appropria- utes; President certifies within 60 days, based tions Act, 1997.’’. An amendment by the gentleman upon all information available to the United The CHAIRMAN. No further amend- from Arkansas [Mr. HUTCHINSON], re- States Government that the Government of ments shall be in order except the fol- garding deaths in prisons, for 10 min- the Socialist Republic of Vietnam is cooper- lowing amendments, which shall be utes; and ating in full faith with the United States in An amendment by the gentleman the following four areas: considered read, shall not be subject to amendment or to a demand for division from Florida [Mr. MILLER], for 10 min- (1) Resolving discrepancy cases, live utes. sightings and field activities, of the question, and shall be debatable (2) Recovering and repatriating American for the time specified, equally divided b remains, and controlled by the proponent and a 2130 (3) Accelerating efforts to provide docu- Member opposed: Pursuant to the announcement just ments that will help lead to fullest possible Amendment No. 10 by the gentleman made by the gentleman from Ken- accounting of POW/MIA’s. from Indiana [Mr. HOSTETTLER], for 10 tucky, there are six amendments which (4) Providing further assistance in imple- minutes. will be considered yet this evening. menting trilateral investigations with Laos. SEC. 610. None of the funds made available An amendment by the gentlewoman Does the gentleman from Kentucky by this Act may be used for any United Na- from Texas [Ms. JACKSON-LEE], regard- intend to suggest one amendment over tions undertaking when it is made known to ing the National Telecommunications another or does he wish it simply be the Federal official having authority to obli- and Information Administration, for 15 subject to recognition by the Chair? gate or expend such funds (1) that the United minutes; Mr. ROGERS. Mr. Chairman, I would Nations undertaking is a peacekeeping mis- Amendment No. 11 by the gentle- prefer the latter, that we would call sion, (2) that such undertaking will involve woman from Hawaii [Mrs. MINK], for 10 them up as we see fit, as they become United States Armed Forces under the com- minutes; mand or operational control of a foreign na- ready. Let me reiterate, though, that tional, and (3) that the President’s military An amendment by the gentleman the only six amendments that we plan advisors have not submitted to the President from Kentucky [Mr. ROGERS], regard- to bring up tonight are the ones that I a recommendation that such involvement is ing NOAA, for 10 minutes; read off: The gentleman from Florida in the national security interests of the An amendment by the gentleman [Mr. GOSS], the gentlewoman from Ha- United States and the President has not sub- from New York [Mr. ENGEL], regarding waii [Mrs. MINK], the gentleman from mitted to the Congress such a recommenda- Public Broadcasting grants, for 10 min- Florida [Mr. MILLER], the gentleman tion. utes; from New York [Mr. ENGEL], the gen- SEC. 611. None of the funds made available An amendment No. 20 by the gen- in this Act shall be used to provide the fol- tleman from Illinois [Mr. PORTER], and tleman from California [Mr. BROWN], lowing amenities or personal comforts in the the gentleman from Ohio [Mr. TRAFI- for 20 minutes; Federal prison system— CANT]. No votes will be taken tonight. An amendment by the gentleman (1) in-cell television viewing except for If any votes are required, we will roll from Colorado [Mr. ALLARD], regarding prisoners who are segregated from the gen- them until tomorrow. All other amend- the Technology Administration, for 10 eral prison population for their own safety; ments other than these six will be (2) the viewing of R, X, and NC–17 rated minutes; movies, through whatever medium pre- An amendment by the gentleman brought up tomorrow, so Members can feel free, if they do not want to partici- sented; from Florida [Mr. GOSS], regarding (3) any instruction (live or through broad- EDA, for 10 minutes; pate in these six amendments, to go to casts) or training equipment for boxing, An amendment by the gentleman their offices or retire. wrestling, judo, karate, or other martial art, from Illinois [Mr. PORTER], regarding AMENDMENT OFFERED BY MR. GOSS or any bodybuilding or weightlifting equip- Mr. GOSS. Mr. Chairman, I offer an ment of any sort; Asia Broadcasting, for 20 minutes; (4) possession of in-cell coffee pots, hot An amendment by the gentleman amendment. plates, or heating elements; or from Wisconsin [Mr. OBEY], regarding Mr. CHAIRMAN. The Clerk will des- (5) the use or possession of any electric or the ABM Treaty, for 15 minutes; ignate the amendment. electronic musical instrument. An amendment No. 19 by the gen- The text of the amendment is as fol- SEC. 612. None of the funds made available tleman from Ohio [Mr. TRAFICANT], for lows: in title II for the National Oceanic and At- 5 minutes; Amendment offered by Mr. GOSS: Page 48, mospheric Administration under the heading Amendment No. 28 by the gentleman line 7, after the dollar amount, insert the fol- ‘‘Fleet Modernization, Shipbuilding and Con- from Minnesota [Mr. GUTKNECHT], for lowing: ‘‘(reduced by $98,550,000)’’. version’’ may be used to implement sections 20 minutes; The CHAIRMAN. Pursuant to the 603, 604, and 605 of Public Law 102–567. An amendment by the gentleman SEC. 613. None of the funds made available order of the House today, the gen- from Florida [Mr. DEUTSCH], regarding in this Act may be used for ‘‘USIA Television tleman from Florida [Mr. GOSS] will be Marti Program’’ under the Television Broad- COPS, for 10 minutes; recognized for 5 minutes and a Member An amendment by the gentleman casting to Cuba Act or any other program of in opposition will be recognized for 5 United States Government television broad- from Nevada [Mr. ENSIGN], regarding minutes. casts to Cuba, when it is made known to the sexually explicit material in prisons, The Chair recognizes the gentleman Federal official having authority to obligate for 10 minutes; or expend such funds that such use would be Amendment No. 5 by the gentleman from Florida [Mr. GOSS]. Mr. GOSS. Mr. Chairman, I yield my- inconsistent with the applicable provisions from Massachusetts [Mr. FRANK], for 20 of the March 1995 Office of Cuba Broadcast- minutes; self such time as I may consume. ing Reinventing Plan of the United States Mr. Chairman, this amendment cuts Information Agency. Amendment No. 6 by the gentleman from Massachusetts [Mr. FRANK], for 20 30 percent from the Economic Develop- SEC. 614. Any costs incurred by a Depart- ment Administration assistance pro- ment or agency funded under this Act result- minutes; ing from personnel actions taken in response Amendment No. 16 by the gentleman grams. This would provide the Amer- to funding reductions included in this Act from Iowa [Mr. GANSKE], for 20 min- ican taxpayer with $98.5 million dollars shall be absorbed within the total budgetary utes; in discretionary savings. Citizens resources available to such Department or Amendment No. 17 by the gentleman Against Government Waste has en- agency: Provided, That the authority to from Pennsylvania [Mr. GEKAS], for 10 dorsed this amendment. transfer funds between appropriations ac- minutes; As we work to balance the budget, I counts as may be necessary to carry out this Amendment No. 33 by the gentle- think it is imperative that we section is provided in addition to authorities prioritize our limited resources. When included elsewhere in this Act: Provided fur- woman from the District of Columbia ther, That use of funds to carry out this sec- [Ms. NORTON], for 20 minutes; considering further funding for any tion shall be treated as a reprogramming of An amendment by the gentlewoman program or agency, we must ask our- funds under section 605 of this Act and shall from Florida [Mrs. FOWLER], regarding selves some very basic questions. Is not be available for obligation or expendi- COPS, for 10 minutes; this a Federal responsibility? Does it July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8227 work? Can we afford it? As noted dur- Mr. ROGERS. Mr. Chairman, I yield 2 Mr. GOSS. Mr. Chairman, I yield 1 ing debate on the Hostettler amend- minutes of that 5 minutes to the gen- minute to the distinguished gentleman ment, I contend the EDA failed on all tleman from West Virginia [Mr. MOL- form Colorado [Mr. HEFLEY]. three counts. LOHAN], and I ask unanimous consent Mr. HEFLEY. Mr. Chairman, I will The EDA’s programs do not provide a that he be permitted to control that give you the four-letter word that the good return on investment. An April time. EDA stands for, and that is pork. That 1996 GAO report could not find a single The CHAIRMAN. Is there objection is pork, my friends. The reason that study that showed a causal relation- to the request of the gentleman from there is such support for it, there is no ship between Federal economic devel- Kentucky? other program we fund that gives you opment assistance and a community’s There was no objection. the opportunity to take home to your economic growth, not a single instance Mr. ROGERS. Mr. Chairman, I yield 1 constituents the pork that can show in a GAO April 1996 report. minute to the gentleman from New them what a great job you are doing The EDA’s programs are too costly York [Mr. BOEHLERT]. for them than the EDA. and too slow to do much good. An anal- (Mr. BOEHLERT asked and was given In 1991 the Economic Development ysis of the Emergency Jobs Act of 1983 permission to revise and extend his re- Administration received $209 million. revealed that only 84 previously unem- marks.) In the years that have followed the Mr. BOEHLERT. Mr. Chairman, ployed people received jobs under the EDA has averaged about double that there is a very basic reason why this program at a cost of $307,000 per job, amount. This year the Committee on House by a vote of 328–99 just rejected which is frankly about 7 times the cost Appropriations is scaling down the an amendment to eliminate funding of a job created in the private sector, EDA by giving it only $348 million. from EDA. Let me point out that this and indefensible. Is this what Congress calls balancing is an increase in support for EDA over Inspector General reports dem- the budget? Is promulgating a wasteful last year. Why? Because EDA is an onstrate the volume of EDA grants and and mismanaged agency like the EDA agency who has as its mission preserv- programs. Through an EDA grant in considered fiscally responsible? Surely ing existing jobs and creating addi- New York, the Federal Government this was not what was intended when tional jobs in areas of distress. Let me helped to construct an Olympic hockey the EDA was created to assist the most point out that we are cutting back rink that the team never used, created military installations all over this economically distressed communities no new jobs and was so replete with country to save dollars. EDA has 27 in the Nation. By cutting the EDA by 30 percent, it sweetheart deals and corruption that percent of its total budget allocated to will be forced to focus its attention on the county executive was convicted in help these distressed communities re- Federal court on three felony counts. cover from this devastating blow. the truly needy areas of the country. All of this for a cost of $10.2 million of Mr. Chairman, the favorite four-let- Okay, so the complete cutout of it was the taxpayers dollars. ter word of many of us in this Cham- not acceptable to this body, but cer- While EDA’s impact has been dubious ber, and it is a word you can use in po- tainly the 30 percent cut in this cli- at best, funding in this bill has been lite company, that favorite four-letter mate of trying to balance the budget is maintained at last year’s level. My word is jobs. EDA, the Economic Devel- reasonable. I encourage Members to amendment is simple. I seek a respon- opment Administration, is an agency support the Goss amendment. sible cut for EDA to ensure that we that has proven year after year that it Mr. ROGERS. Mr. Chairman, I yield 1 target our resources on what are truly is working with communities in part- minute to the gentleman from Massa- vital and effective programs while nership to help preserve jobs, to help chusetts [Mr. BLUTE]. phasing out the low-priority ones. create new jobs, and it very much de- Mr. BLUTE. Mr. Chairman, last year EDA boosters have claimed money is serves our support. the House sent a message that we be- needed to offset job losses caused by Mr. MOLLOHAN. Mr. Chairman, I lieve in the Economic Development Ad- base closures. Under my amendment, yield 1 minute to the distinguished ministration’s success in stimulating more than enough money would remain gentleman from Virginia [Mr. PAYNE]. the economies of cities and towns all for this purpose. I understand that less Mr. PAYNE of Virginia. Mr. Chair- cross this country. By an overwhelm- than one-tenth of their money has gone man, I rise in strong opposition to this ing margin of 310 to 115, the House for that purpose. There have been amendment. The Economic Develop- voted for investing in our economy and claims that money is needed for natu- ment Administration is extremely ef- creating more jobs and against short- ral disasters. Again, more than enough fective in helping distressed commu- sighted cuts. money would remain for this function nities attract industries and jobs. Over the years the EDA has helped under my amendment. One stellar example of this effective- create or retain more than 2.9 million The House voted last year to elimi- ness can be found in my own Congres- jobs. In my own State, a minor invest- nate EDA as part of our congressional sional District. Henry County, Vir- ment in equipment for a biotechnology budget resolution. The agency has gone ginia, used an EDA grant to prepare a incubator has resulted in the creation without authorization since 1982. Let site for an industrial park. The EDA of more than 20 companies and 2,000 me repeat that. This has not been au- grant was matched by $740,000 in state jobs. These jobs pay income taxes to thorized since 1982. Over 100 Members and local money and attracted private the States as well as the Federal Gov- have cosponsored legislation to elimi- sector investment of $68 million. As a ernment, helping to boost revenues and nate the Commerce Department and result, 550 people now work at the site create jobs. EDA as well, of course. in 6 different businesses. The site Building on examples like that, the Given these facts, I certainly think a would be an empty lot today if not for EDA has achieved an outstanding 30-percent cut is appropriate and rea- that initial commitment from the record of leveraging its funds to at- sonable toward an eventual phaseout. EDA. tract private dollars at a ratio of 3-to- This is a responsible cut consistent Mr. Chairman, my district is not 1. In addition, the EDA has managed to with our efforts to balance the budget unique. The EDA is targeted, effective keep overhead below 8 percent, guaran- and streamline wasteful agencies and and locally-driven. The EDA works in teeing that $12 of every $13 appro- programs. The EDA needs to be scaled partnership with local leaders and the priated is invested in the States. I op- back. I encourage a ‘‘yes’’ vote on my private sector to foster economic pose this amendment. amendment. growth for our citizens in distressed Mr. MOLLOHAN. Mr. Chairman, I Mr. Chairman, I reserve the balance areas. Since its inception, the EDA has yield 1 minute to the distinguished of my time. helped to create and retain nearly 3 gentleman from West Virginia [Mr. The CHAIRMAN. Who seeks time in million private sector jobs. Clearly, the WISE]. opposition? EDA is an important, cost-effective Mr. WISE. Mr. Chairman, I oppose a Mr. ROGERS. Mr. Chairman, I do. agency—one that we should support, one-third cut in the EDA. First of all, The CHAIRMAN. The gentleman not cut. you can cut it back so that it is not ef- from Kentucky [Mr. ROGERS] is recog- I urge my colleagues to oppose the fective at all, and that is what this nized for 5 minutes. amendment. amendment would do. This bill is also H8228 CONGRESSIONAL RECORD — HOUSE July 23, 1996 less than what the President requested. to meet because no other Federal agen- pulling together a staff that I think The EDA has taken already a 13-per- cy or department in the Federal Gov- will be very, very worthy of the surro- cent reduction in force in its head- ernment could meet those standards. gate radios that we have seen broad- quarters staff, for an effective total of Can poor communities, poor families casting in the past. a 20-percent reduction already in its build industrial parks? The answer to I would say that this Congress and employees. that is no. We target these resources most particularly this administration But I would ask, would you deny not only to closed bases, but we target has done very little to address the on- communities across the country the these resources to defense contractors going human rights abuses in that part kind of successful projects, for in- that have left communities. Almost all of the world and that a surrogate radio, stance, such as the Putnam County the increase in these dollars over the Radio Free Asia, Asia Pacific Radio, feasibility study to look at the feasibil- past few years have gone to defense ad- will go a great deal of the way toward ity of building a multimillion-dollar justment assistance programs where preserving hope for those people who airport or the Randolph County Wood communities need these monies. We believe in freedom and democracy and Technology Institute, already listed by vote to cut defense, we vote to close human rights and the rule of law in a one company as a major reason for bases. We as a Federal Government part of the world where all too often moving to Randolph County? Or the should be a part of the team that helps authoritarian regimes prevail. I would water system extension in Hardy Coun- enhance job creation. I urge a ‘‘no’’ commend the adoption of this amend- ty that permitted hundreds of new jobs vote on this amendment. ment to the House. in poultry processing to be created? Or The CHAIRMAN. All time has ex- Mr. ROGERS. Mr. Chairman, will the the grant to the Martinsburg Eastern pired. gentleman yield? Regional Airport that will create hun- The question is on the amendment Mr. PORTER. I yield to the gen- dreds of jobs in a jet production facil- offered by the gentleman from Florida tleman from Kentucky. ity? Would you deny those to future [Mr. GOSS]. Mr. ROGERS. Mr. Chairman, I think communities that are looking to create The question was taken; and the the gentleman has offered an excellent jobs? I think not. That is why this cut Chairman announced that the noes ap- amendment. We are in favor of the of this magnitude should not be passed. peared to have it. amendment. I urge its adoption and Mr. GOSS. Mr. Chairman, I yield my- Mr. GOSS. Mr. Chairman, I demand a commend the gentleman for his career- self the balance of my time. recorded vote. long work on this project. Mr. Chairman, we are not denying The CHAIRMAN. Pursuant to House Mr. SOLOMON. Mr. Chairman, will those jobs. Those are jobs that are Resolution 479, further proceedings on the gentleman yield? worthwhile. They will stand on their the amendment offered by the gen- Mr. PORTER. I yield to the gen- own merit and there will be plenty of tleman from Florida [Mr. GOSS] will be tleman from New York. money in this program under this postponed. Mr. SOLOMON. Mr. Chairman, let me amendment should it pass and it AMENDMENT OFFERED BY MR. PORTER just say I really commend the gen- should. Mr. ROGERS. Mr. Chairman, I offer tleman for bringing this here. Mr. I have been told that this is about an amendment. Chairman, we all know the great suc- need. Here I am looking at a commu- The CHAIRMAN. The Clerk will des- cess of surrogate broadcasting to the nity where the average per capita in- ignate the amendment. former Soviet bloc by Radio Liberty come is $37,500, they got a grant for The text of the amendment is as fol- and Radio Free Europe. It was so effec- $750,000 for a storm sewer system. I lows: tive, just ask any freedom fighter in that part of the world, and they will think they could afford it themselves. Amendment offered by Mr. PORTER: Page I am taking a look at a GAO report 88, line 6, insert before the period the follow- say that democracy would not be that says, ‘‘In our review of the lit- ing: ‘‘: Provided, That, of the amount pro- breaking out all over Europe today if it erature available, we were unavailable vided under this heading, $9,300,000 may be were not for Radio Free Europe. to find any study that established a made available for grants for the operating We still have these oppressive re- strong causal linkage between a posi- costs of Radio Free Asia under section 309 of gimes like the military dictatorship in tive economic effect and an agency’s the United States International Broadcast- Burma, the totalitarian Communist re- ing Act of 1994’’. economic development assistance.’’ gimes in North Korea, Indochina, and Here we have got an IG report that The CHAIRMAN. Pursuant to the Mainland China. Literally billions of says with regard to base closings that order of the House of today, the gen- people are still oppressed and largely ‘‘base closures or convert defense tech- tleman from Illinois [Mr. PORTER] and cut off from the outside world. We need nology to civilian applications ap- a Member opposed each will be recog- this legislation, and my heart goes out peared limited’’ and a disproportionate nized for 10 minutes. to the gentleman for offering this share were in a few areas. What we The Chair recognizes the gentleman amendment. It is badly needed. have got is a program that does not from Illinois [Mr. PORTER]. Mr. PORTER. Mr. Chairman, I rise in strong work very well. It is time to prioritize Mr. PORTER. Mr. Chairman, I yield support of this amendment by the gentleman it. It is time to understand it. It is myself such time as I may consume. from Illinois [Mr. PORTER] to increase funding time to start phasing it back. Mr. Chairman, for all the time I have for Radio Free Asia for up to $9.3 million. been in Congress I have been a very b Mr. Chairman, we all know the great suc- 2145 strong supporter of the Voice of Amer- cess of surrogate broadcasting to the former That is all we seek to do. We do not ica and the surrogate radios. Two years Soviet bloc by Radio Liberty and Radio Free seek to remove any good jobs. We all ago, the Congress authorized the cre- Europe. are for good jobs. I urge support of this ation of Radio Free Asia, Asia Pacific There just isn't a freedom fighter in that part amendment. Radio that would broadcast messages of the world who won't tell you how instrumen- Mr. Chairman, I yield back the bal- of hope and truth and freedom to the tal those radios were in keeping the flame of ance of my time. repressive societies in China, Burma, freedom burning in the hearts of the peoples Mr. ROGERS. Mr. Chairman, I urge a the Chinese in Tibet, in Laos, Cam- of those former captive nations. ‘‘no’’ vote on this amendment. bodia, North Korea, and Vietnam. Unfortunately, we still have captive nations Mr. Chairman, I yield the balance of We funded Radio Free Asia for $5 mil- and many of them are in Asia. my time to the gentleman from Mary- lion in 1995, in 1996, and we now have From the harsh military dictatorship in land [Mr. GILCHREST]. agreed to a funding level of up to $9.3 Burma to the totalitarian Communist regimes Mr. GILCHREST. Mr. Chairman, I million in the amendment that I have in North Korea, Indochina, and mainland thank the gentleman for yielding me offered. While there is a great deal of China, literally billions of people are still op- the time. discussion about how Radio Free Asia pressed and largely cut off from the outside Mr. Chairman, I would say something will be organized and will conduct its world. about the GAO report. They them- business, there has been, I think, great Surrogate broadcasting in the form of Radio selves have concluded that the stand- progress made in the selection of Rich- Free Asia is the beacon of hope that these ards they set for EDA were impossible ard Richter as its chair and progress in people need and that their rulers fear. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8229 That is why Congress created it with biparti- The missile-control agreement bars trans- Asia. I want to thank the gentleman san support in 1994. fers of missiles and technology for systems from Kentucky [Mr. ROGERS], the With the radio scheduled to come on line in that travel farther than 186 miles and carry chairman of the committee, for accept- the near future, now is no time to shortchange warheads heavier than 1,100 pounds. Trans- ing the amendment. fers of both the Chinese M–11 and Syria’s This is an extremely important its funding. Scud C are banned under the accord. That is why we need the Porter amendment. Syria has purchased Scud C missiles in the project to help democratize some of the Mr. Chairman, we've heard a lot of talk re- past from North Korea and is working on de- oppressive governments in the Asian cently about engagement with certain Asian veloping production capabilities for them ac- Area, and I urge my colleagues to fully countries. cording to U.S. officials. support the measure. I thank the gen- Well, this is real engagementÐdirect con- The delivery of Chinese missiles or compo- tleman for yielding. tact with the broad masses of Asia, without nents to Syria, if confirmed, would trigger Mr. Chairman, while the Berlin Wall fell, Chi- government interference. sanctions against China because Syria is nese tanks rolled over the students calling for It will go a long way toward bringing free- classified by the State Department as a state freedom in China. Nothing could describe the sponsor of international terrorism. need for Radio Free Asia [RFA]. dom to that part of the world, and that is why William C. Triplett, a China specialist and I lend my strong support to this amendment. former Republican counsel for the Senate Like its cousins which Soviet emigres re- Mr. Chairman, I include the following ``Dear Foreign Relations Committee, said the ad- ported was so successful, Radio Free Asia Colleague'' for the RECORD: ministration does not need hard evidence to promises to bring the rarest commodity to HOUSE OF REPRESENTATIVES, impose sanctions because the sales involved Asia's closed societiesÐinformation and free Washington, DC, July 23, 1996. Syria. debate. THE FRUITS OF ENGAGEMENT, CONT’D A 1994 amendment to the Arms Export I strongly support the Porter amendment to Control Act, sponsored by Sen. Larry Pres- DEAR COLLEAGUE: Last month, defenders of increase funding for Radio Free Asia. This is sler, South Dakota Republican, says the the status quo insisted that the only way to program that deserves full support and I ap- president may presume a transfer violates stem Communist China’s proliferation ac- preciate the gentleman from Illinois's effort to the 31-nation missile-control agreement if it tivities was to continue ‘‘engaging’’ them. secure broadcasting into countries in Asia. goes to a nation that supports terrorism. Meanwhile, the ‘‘engaged’’ Communist Chi- The House-passed authorizing bill con- ‘‘If it goes to a terrorist country, we con- nese were at that very moment ‘‘engaged’’ sider that a much more significant event ference report from my committee would have with the terrorist nation of Syria in yet an- than if it goes some other place,’’ Mr. Trip- funded FRA at the $10 million level. This other perfidious arms transaction. There is lett said. amendment nearly reaches that goal. something very, very wrong with this pic- China Precision Machinery already is Unfortunately, Asia is still home to many ture. under intense scrutiny within the U.S. gov- closed societies. This broadcasting program Sincerely, ernment over the earlier M–11 sales to Paki- GERALD B. SOLOMON. can penetrate into those countries, giving stan. them access to information and free debate. U.S. intelligence agencies concluded ear- CIA SUSPECTS CHINESE FIRM OF SYRIA We owe the students of Tianammen this ef- lier this year that Chinese M–11s are oper- MISSILE AID fort. I urge Members to fully support the Porter ational in Pakistan, but the State Depart- (By Bill Gertz) ment is challenging the intelligence conclu- amendment. The Chinese manufacturer of M–11 missiles sion to avoid having to impose sanctions on Mr. PORTER. Mr. Chairman, re- sent a shipment of military cargo to Syria China. claiming my time, I would say to the last month that the CIA believes may have U.S.-China relations have been strained gentleman, who is the chairman of the contained missile-related components, agen- over Beijing’s proliferation activities, as Committee on International Affairs, cy sources said. well as disputes concerning human rights that his leadership in providing author- The CIA detected the delivery to Syria and widespread copyright infringement. ity for this very important program early in June from the China Precision Ma- In May, the Clinton administration decided has been absolutely outstanding. I chinery Import-Export Corp., described as not to impose sanctions on China for violat- ‘‘China’s premier missile sales firm.’’ thank him for his ongoing commitment ing U.S. anti-proliferation laws with sales of to human rights all across this globe. The suspect military delivery raises ques- nuclear weapons technology to Pakistan be- tions about China’s pledge to the United cause Chinese officials claimed they did not Mr. MOLLOHAN. Mr. Chairman, will States in 1994 not to export missiles or mis- know the sale took place. the gentleman yield? sile components that would violate the Mis- China Precision Machinery has been Mr. PORTER. I yield to the gen- sile Technology Control Regime. slapped with U.S. economic sanctions twice tleman from West Virginia. It also follows China’s recent export of nu- in the past. The Bush administration in 1991 Mr. MOLLOHAN. Mr. Chairman, we clear-weapons technology to Pakistan in vio- sanction the company, which is part of the are in agreement with the chairman lation of U.S. anti-proliferation laws, which official Chinese government defense-indus- with regard to this amendment, under- was disclosed by The Washington Times in trial complex, for selling missile technology standing that this amendment relates February. to Pakistan. Sanctions also were imposed in The Syrian company that received the Chi- to funding only. It increases, I believe, 1993, again for the transfer of M–11 tech- from $5 million to $9.3 million funding nese cargo was identified as the Scientific nology. Studies and Research Center, which conducts Kenneth Timmerman, director of the con- for this account. That does not mean, I work on Syria’s ballistic missiles, weapons sulting firm Middle East Data Project, said hope, the committee is any less con- of mass destruction and advanced conven- the Syria center that received the June ship- cerned about the expenditure of these tional arms programs, the CIA said in a clas- ments from China is a major agency involved funds and the development of a ration- sified report circulated to senior U.S. offi- in weapons research, procurement and pro- al feasibility plan prior to the expendi- cials. duction. The Syrian center is in charge of programs ture of the funds. Mr. Timmerman said that North Korea and This concern is spoken to in the re- to build Scud C ballistic missiles and a pro- China have helped to build two missile-pro- gram to upgrade anti-ship missiles. port at page 118, and I would just note duction centers in Syria and that Syrian that the International Broadcasting U.S. intelligence agencies said the Syrian missile technicians have been trained in center has received help from the China Pre- China. Act of 1994 mandated that the new cision Machinery Import-Export Corp. in re- Israel’s government said in 1993 that Chi- Broadcasting Board of Governors sub- cent years for both missile programs. nese technicians were working in Syria to mit to Congress a plan concerning the ‘‘The involvement of CPMIEC and the Syr- develop production facilities for missile feasibility of establishing an independ- ian end user suggests the shipments [last guidance systems, according to Mr. ent Radio Free Asia. month] are missile-related,’’ one source said. Timmerman. The exact nature of the equipment was not In addition, we have requested an op- identified, but it was described as ‘‘special Mr. GILMAN. Mr. Chairman, will the erating plan, an implementation plan. and dangerous,’’ the source said. gentleman yield? The committee has not yet received CIA and State Department spokesmen de- Mr. PORTER. I yield to the gen- that and we certainly expect to see clined to comment. tleman from New York. that, understand how this program will Chinese officials promised the State De- (Mr. GILMAN asked and was given be implemented, what are the cost esti- partment in 1994 not to export M–11s or their permission to revise and extend his re- mates projected into the outyears prior technology in exchange for a U.S. agreement to lift sanctions against Chinese Precision marks.) to the expenditure of this increased Machinery and the Pakistani Defense Min- Mr. GILMAN. Mr. Chairman, I want funding that the gentleman from Illi- istry, which were involved in M–11-related to thank the gentleman for his long- nois [Mr. PORTER] has worked so hard transfers. standing effort on behalf of Radio Free on. H8230 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Mr. Chairman, I will commend the Throughout human history the most impor- the victim. If we must impose punishment for gentleman. He has been excellent on tant battles have not been those whose object the failure to file a better report, let's find a the subject. He is knowledgeable and was to control territory. The battles that really way to impose it on the bureaucrats who very concerned. My concern really goes matter have always been about values and should have filed the reportÐnot on the inno- to the expenditure of the funds in a re- ideas. When the history of our century is writ- cent and freedom-loving people of China, Viet- sponsible way, and I look forward to ten, it will be in large part the story of a long nam, Burma, and other countries who have working with him and with the chair- struggle for the soul of the worldÐa struggle been waiting 2 years already for Radio Free man as this process moves forward. between the values of the free world on the Asia to get up and running. Mr. PORTER. Reclaiming my time, I one hand, and those of communism, fascism, In order to avoid killing this important human would say to the gentleman that we and other forms of totalitarianism on the other, rights program without increasing the Federal are well aware of the language in the Throughout most of the world, the values of budget deficit, it was necessary to find a $5 report and the committee’s desire to the free world have been victoriousÐnot only million offset from another program. This has see a plan that would show how the because we had better values, but because been done by taking a tiny reductionÐless funds are going to be expended over the we were not afraid to stand up for them. than three-tenths of 1 percentÐin the State next 5 years. The amendment, of Some say that we no longer need a pres- Department's largest operating account, the course, addresses the expenditure of ence in the world now that the cold war is $1.7 billion Diplomatic and Consular Services. funds through the Board for Inter- over. I think this view is misguided, for several Don't be fooled by the title of this account: it national Broadcasting as funds are nor- reasons. is simply the State Department's way of de- mally expended, but I have been as- First, there are places in the world where scribing its largest salaries and expenses ac- sured by Radio Free Asia that their the values of freedom have not yet been vic- count. plan for expenditures will be forthcom- torious. These places include the few remain- The State Department's operating accounts ing and I am sure the committee will ing Communist countries, such as Cuba, have remained essentially level since fiscal look at it. China, Vietnam, and North Korea, as well as year 1994, at a time when other international Mr. SMITH of New Jersey. Mr. Chair- an increasing number of countries governed relations activities have taken far deeper cuts. man, will the gentleman yield? by ``rogue regimes,'' such as Burma, Iraq, and During these same 3 years, our freedom Mr. PORTER. I yield to the gen- Libya. This is why we still need Radio Free broadcasting programs have been cut over 20 tleman from New Jersey. Europe, Radio Liberty, and freedom broad- percent. So the choice is simple: will we kill a Mr. SMITH of New Jersey. Mr. Chair- casting to Cuba. And this is why we need voice for freedom in Asia in order to fund a man, first of all, I want to commend Radio Free Asia. few more bureaucrats? the gentleman for his outstanding Mr. Chairman, the repeated cuts, rescis- Mr. Chairman, the free world needs Radio amendment and the gentleman from sions, delays, and consistent underfunding of Free Asia, and so do the enslaved peoples of Kentucky, Chairman HAL ROGERS, for Radio Free Asia since Congress ordered its the last outposts of the evil empire. I urge a his good work in accepting it, my creation in 1994 appear to be evidence that ``yes'' vote on this amendment. Mr. PORTER. Reclaiming my time, friend from West Virginia, as well, for this important profreedom program is being let me say that the gentleman from accepting this language. I urge a ‘‘yes’’ subjected to the old Washington two-step: If New Jersey [Mr. SMITH] has been an ab- vote, and I think that is a given now you don't like a program but don't have the solute exemplary leader on human since there is a consensus. votes to kill it, first you render it ineffective. rights in the House and a supporter of Just let me say that throughout Then you can kill it by pointing out how inef- the surrogate radios. I certainly thank human history, the most important fective it is. him for support this evening. battles have not been those whose ob- In H.R. 1561Ðthe Foreign Relations Author- Ms. PELOSI. Mr. Chairman, will the ject was to control territory. The bat- ization Act, passed by the House and Senate gentleman yield? tles that really matter have always but vetoed by President ClintonÐwe author- Mr. PORTER. I yield to the gentle- been about values and ideas. When the ized $10 million for a no-year account for fis- woman from California. history of our century is written, it cal year 1996 and fiscal year 1997, as in fiscal (Ms. PELOSI asked and was given will be in large part the story of a long year 1995. This was based on the estimates permission to revise and extend her re- struggle for the soul of the world, the of those who conceived Radio Free AsiaÐdis- marks.) struggle between the values of the free tinguished human rights advocates such as Ms. PELOSI. Mr. Chairman, I rise in would on the one hand and those of Ambassador Charles Lichtenstein, who was support of the amendment of the gen- communism, fascism, and other forms our principal Deputy Ambassador to the Unit- tleman from Illinois [Mr. PORTER]. I of totalitarianism on the other. ed Nations under Jeane KirkpatrickÐthat it commend the chairman and the rank- Throughout most of the world, the would take at least $30 million to get Radio ing member of the committee for their values of the free world have been vic- Free Asia up and running. Because it was fair- cooperation on this. torious, not only because we had better ly clear that the process would take at least 2 Mr. Chairman, I rise today in support of the values but because we were not afraid years, only $10 million was authorized for a amendment offered by Representative PORTER to stand up for them. no-year account in fiscal year 1995. The idea to increase the funding for international broad- Some say we no longer need the pres- was that over the 3 years it would take to es- casting to $9.3 million. This funding is urgently ence of surrogate broadcasting now tablish Radio Free Asia, the necessary $30 needed for the Asia Pacific Network/Radio that the cold war is over, but just let million would accumulate in the account. Free Asia. me remain Members, and everyone is Through a series of rescissions and reduc- We have seen the success of Radio Free increasingly aware of this, that in Asia tions, this start-up amount has been reduced Europe and Radio Liberty in broadcasting the there is a major problem with human to less than $10 millionÐwhich will be insuffi- message of freedom and democratic principles rights. We have, unfortunately, cient to establish Radio Free Asia as an effec- to people fighting for freedom. Radio Free reneged in our responsibility on these tive voice against tyranny in the region. Asia which has been designed to emulate issues. MFN has been conferred for an- The Clinton administration, which has taken Radio Free Europe/Radio Liberty's success, is other year without linkage. Radio Free deep cuts in international broadcasting over now critical to the efforts of those in Asia Asia, it seems to me, is the least we the last 3 years, nevertheless recognizes that struggling against authoritarian leaders. can do. Radio Free Asia needs at least $14.4 millionÐ In 1991, Radio Free Asia was endorsed by H.R. 1561, the authorization bill, was that is, $10 million in fiscal year 1997 in addi- President Bush's Task Force on U.S. Govern- vetoed by the President, provided $10 tion to the $4.4 million already appropriated in ment International Broadcasting. In 1992, it million per year. So this is well within a no-year account from fiscal year 1996Ðin was endorsed by the Congressional Commis- the range what we have already done order to survive its crucial first year of oper- sion on Broadcasting to the People's Republic on the floor of the House, and that leg- ations. of China, which recommended the establish- islation again was vetoed. But this will The bill before us cuts this amount in half, ment of a new broadcasting service. President not be and this will become law and I to $5 million. The subcommittee report points Clinton identified Radio Free Asia as a center- commend the gentleman for his amend- out that the Board of Broadcasting Governors piece of his new China policy when he ment. should have filed a more detailed report by delinked trade from human rights in 1994. Un- Mr. Chairman, I urge a ``yes'' vote on this now about its plans for Radio Free Asia. I fortunately, the real commitment to establish- amendment to save Radio Free Asia. agree with this criticism. But let's not blame ing this important service has been lacking. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8231 Some may ask why we need APN/RFA AMENDMENT OFFERED BY MR. TRAFICANT woman from Hawaii [Mrs. MINK] and a when we have the Voice of America. The an- Mr. TRAFICANT. Mr. Chairman, I Member opposed each will be recog- swer is independence. VOA is an official offer an amendment. nized for 5 minutes. broadcasting service of the United States Gov- The CHAIRMAN. The clerk will des- The Chair recognizes the gentle- ernment. In terms of its editorial orientation, ignate the amendment. woman from Hawaii [Mrs. MINK]. VOA serves as an instrument to project U.S. The text of the amendment is as fol- Mrs. MINK of Hawaii. Mr. Chairman, policy at a particular time. Given that the State lows: I yield myself such time as I may Department's goal is generally the mainte- Amendment offered by Mr. TRAFICANT: consume. nance of bilateral relations between the United Page 112, after line 11, insert the following: Mr. Chairman, I rise today to take note of an omission in this appropria- States and any other country, it is unrealistic (c) PROHIBITION OF CONTRACTS WITH PER- tion bill which I consider very serious, to expect the State Department to encourage, SONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally deter- not simply to my constituents or to or even to support, a surrogate radio station mined by a court or Federal agency that any my State but to this Nation as a whole. which may be viewed with disapproval by the person intentionally affixed a label bearing a So I am taking this time again to raise other country. ‘‘Made in America’’ inscription, or any in- an issue which we raised last year Working within our overall objectives of pro- scription with the same meaning, to any when the committee also zero funded moting democratic freedoms, human rights, product sold in or shipped to the United this program. and open markets, APN/Radio Free Asia must States that is not made in the United States, However, in the conference commit- have the independence to broadcast its own the person shall be ineligible to receive any contract or subcontract made with funds tee, the full level funding of nearly message. This independence is beneficial $740,000 was restored for this program. both to the radio, which is freed from political made available in this Act, pursuant to the debarment, suspension, and ineligibility pro- It is my hope again to enable this pro- interference in its message; it is also beneficial cedures described in sections 9.400 through gram to continue. It is for the purpose to the State Department, which can disavow 9.409 of title 48, Code of Federal Regulations. of saving two very endangered species any connection to the broadcasts coming from The CHAIRMAN. Pursuant to the that are located off the shores of the APN/RFA. order of the House of today, the gen- Pacific area, not simply in my State. The fiscal year 1997 Commerce-Justice- tleman from Ohio [Mr. TRAFICANT] and It has to do with the Hawaiian monk State bill would have cut funding for APN/RFA a Member opposed each will be recog- seal, which is the only endangered ma- by 50 percent to $5 million. This major cut rine mammal located entirely in U.S. nized for 21⁄2 minutes. would seriously undermine the program. I un- The Chair recognizes the gentleman waters. It was last seen recently on my derstand the concerns of Chairman ROGERS shores where a pup was born. It is ex- from Ohio [Mr. TRAFICANT]. and Ranking Member MOLLOHAN. Mr. TRAFICANT. Mr. Chairman, I tremely precious. There are three However, in all fairness, I would like to note yield myself such time as I may monk seals in the world. One was in for the Record that the members of the Broad- consume. the Caribbean; it no longer exists. It is casting Board of Governors were not sworn in Mr. Chairman, the amendment is totally extinct. There is another in the until September 1995. At that time, they imme- straightforward. Anybody places a Mediterranean and that is very likely diately hired a distinguished China scholar, soon to be extinct. So the Hawaiian fraudulent ‘‘made in America’’ label on Orville Schell, to undertake a preliminary re- monk seal is a very, very important, any import, they shall ineligible to re- port on APN/RFA, which was submitted, on extremely threatened species. ceive any contract or subcontract time, in November 1995. At that time, the The National Marine Fisheries Serv- made with funds under this bill. Board started the search for a director. They ice has been working on this program Mr. ROGERS. Mr. Chairman, will the chose Richard Richter, who started on March for 16 years and it would be a tragedy gentleman yield? to have this program discontinued. I 12. He then hired a distinguished journalist, Mr. TRAFICANT. I yield to the gen- Dan Southerland, who was brought on to hope that attention will be brought on tleman from Kentucky. this matter. Although it is not funded focus on content. Mr. Southerland started dur- Mr. ROGERS. Mr. Chairman, I think ing the second week of July. APN/RFA's in this bill, when the matter goes to the gentleman offers a very good conference, I have every confidence budget has now been completed and is being amendment. We are delighted to accept reviewed by OMB. The target date for starting that the matter would be restored. it and urge its adoption. Cooperative studies are ongoing with to broadcast is September 22. Things are on Mr. MOLLOHAN. Mr. Chairman, will track at APN/RFA. Cutting the funding now will the National Geographic Society, the the gentleman yield? University of Minnesota, as well as the pull the rug out from under the program. Mr. TRAFICANT. I yield to the gen- We, as a Nation, can and must help those University of Hawaii, and great efforts tleman from West Virginia. are being pursued in order to save fighting for freedom in Asia. I do not believe Mr. MOLLOHAN. Mr. Chairman, I that many of my colleagues fully understand these two species. We have the green add to the chairman’s sentiments. turtle in Hawaiian waters as well, the lock on information which China's dictators Mr. TRAFICANT. Mr. Chairman, I maintain. The vast majority of people in China which is also equally endangered. yield back the balance of my time. Mr. Chairman, I yield 11⁄2 minutes to still only hear what China's government wants The CHAIRMAN. The question is on my colleague, the gentleman from Ha- them to hear, they only see what the govern- the amendment offered by the gen- waii [Mr. ABERCROMBIE]. ment wants them to see, they only read what tleman from Ohio [Mr. TRAFICANT]. Mr. ABERCROMBIE. Mr. Chairman, I the government allows them to read. It is The amendment was agreed to. thank the gentlemen from Kentucky through this stranglehold on information that AMENDMENT OFFERED BY MRS. MINK OF HAWAII [Mr. ROGERS] for taking up this bill. I the Chinese government is so successful in Mrs. MINK of Hawaii. Mr. Chairman, want to emphasize in the time given to fueling growing nationalism. There are no me, this cannot be done without the independent voices in China. Those who I offer an amendment. The CHAIRMAN. The Clerk will des- Federal Government. This is not the speak out are arrested, exiled or killed. ignate the amendment. responsibility of a State. The monk Radio Free Asia is an important instrument seal is the only species of its kind in to help to break the Chinese government' The text of the amendment is as fol- lows: U.S. waters, and it is up to us as stew- stranglehold on news. It can provide an effec- ards in this environment, in this ocean Amendment Offered by Mrs. MINK of Ha- tive and peaceful mechanism to provide news environment to take up this cause. of reform in China and of freedom around the waii: In title II, under the item relating to ‘‘NATIONAL OCEANIC AND ATMOSPHERIC AD- world. It can promote democratic reforms, b 2200 MINISTRATION—OPERATIONS, RESEARCH, AND human rights and basic freedom. I thank Mr. FACILITIES’’, after the first, second, sixth, So it is very, very important. The ROGERS and Mr. MOLLOHAN for their support of and seventh dollar amounts insert ‘‘(in- same with the green sea turtle. This the Porter amendment. creased by $760,500)’’. also affects not only Hawaii, but areas Mr. PORTER. Mr. Chairman, I yield In title IV, under the item relating to around Florida as well as other sites back the balance of my time. ‘‘United States Information Agency—na- throughout the world. The CHAIRMAN. The question is on tional endowment for democracy’’, after the My principal emphasis here is that the amendment offered by the gen- dollar amount insert ‘‘(reduced by $760,500)’’. this extinction is a very real possibil- tleman from Illinois [Mr. PORTER]. The CHAIRMAN. Pursuant to the ity, and yet the National Marine Fish- The amendment was agreed to. order of the House of today, the gentle- eries Service has done extraordinarily H8232 CONGRESSIONAL RECORD — HOUSE July 23, 1996 great service for this Nation in terms current level of funding for public tele- lic broadcasting community to con- of the stewardship to which I referred. communications by restoring $5 mil- tinue providing a technically reliable It is bringing back the species. It is lion to the program. service to the public while simulta- now into the thousands, coming back Let me say that program was halved neously limiting the ability of public up as far as the monk seal is con- last year, $14 million was cut, and now radio and TV to reach unserved and un- cerned. it is proposed to cut an additional $5 derserved audiences, especially in rural With the investigations of biology, million. Public broadcasting simply areas but in urban areas as well. ecology, and life history of these spe- cannot continue to exist with these Weakening this program will rep- cies being examined by the National kinds of cuts. resent the loss of a considerable invest- Marine Fisheries, with the chairman’s CBO has scored my amendment and ment that has already been made in good efforts on our behalf, I think that has determined that the budget author- public broadcasting’s infrastructure, we will find that the whole Nation will ity and the outlays are budgetary neu- an infrastructure that is nearly univer- be the beneficiary and we will have tral. sal and ready to be augmented by new done by these species what is required Mr. Chairman, I am offering this technologies. Since its inception, pub- of us as a human species looking out in amendment because I feel this is yet lic telecommunications has invested our capacity and responsibility for spe- another attempt to continue the as- $500 million in public telecommuni- cies throughout the world. sault on public broadcasting that has cations facilities that deliver informa- Mrs. MINK of Hawaii. Mr. Chairman, occurred in large part during this Con- tional, cultural and educational pro- reclaiming my time, I thank my col- gress. Last year there were efforts by gramming to the American people. league for his comments. some in the majority to zero out fund- That is a significant investment in a Mr. ROGERS. Mr. Chairman, will the ing for the Corporation for Public system that is now nearly universal, gentlewoman yield? Broadcasting. We were able to prevent reaching communities as diverse as Mrs. MINK of Hawaii. I yield to the that from happening, but CPB still re- Point Barrow, Alaska; Jackson, Mis- gentleman from Kentucky [Mr. ROG- ceived major cuts. The cuts in the fa- sissippi; and Los Angeles, California. ERS], the chairman of the subcommit- cilities program are further evidence of This universality provides an amaz- tee, for a colloquy. the contempt that some in the major- ing potential for communication Mr. ROGERS. Mr. Chairman, I appre- ity have for public broadcasting. How- among Americans as we move further ciate the work of the gentlewoman ever, the American people see and into the information age. We must not from Hawaii and the gentleman from know the positive results in the qual- let it deteriorate by further cutting Hawaii and commend them for their ity and integrity of public broadcast- this program. concern for these two programs. ing. If support for public broads and In addition, maintenance of this sys- As the gentlewoman knows, we were the facilities program are severely cut tem is especially important as we de- under very severe funding constraints or eliminated, the quality of program- velop the information highway. Public this year; however, although we are un- ming and the educational value they radio and television have an important able to restore funding for these pro- provide will suffer as a result. role in linking schools, libraries, grams today, I can assure the gentle- Public broadcasting and the facilities health care facilities, governments and woman that as we proceed to con- program are private-public partner- other public information producers. ference I will work with her to identify ships that work. This is a success story These are areas that will not be filed funding for these two programs as best that demonstrates what the govern- by the void that would be left if public we can. ment and the private sector can accom- broadcasting services do not survive. It Mrs. MINK of Hawaii. Mr. Chairman, plish when they work together. The fa- does not make sense to allow the exist- I want to thank the chairman for his cilities program is a matching grants ing framework of equipment and serv- comments and I ask unanimous con- plan for public radio and television sta- ices that are currently available to sent to withdraw my amendment at tions. It helps stations purchase equip- hard-to-reach areas to fall into dis- this time. ment to extend their signals to repair while the information highway The CHAIRMAN. Is there objection unserved areas; by the way, many of is in development. to the request of the gentlewoman whom are rural areas, as well as replac- It is a small program but an impor- from Hawaii? ing outdated hardware, such as trans- tant one. Investing in our infrastruc- There was no objection. mitters, master control rooms or tow- ture is vital to serve those customers AMENDMENT OFFERED BY MR. ENGEL ers. Many of these stations, as I men- who rely on public broadcasting for in- Mr. ENGEL. Mr. Chairman, I offer an tioned, are in rural areas and do not formation and education and it must amendment. have the resources without these be maintained if we are to move for- The CHAIRMAN. The Clerk will des- grants to upgrade their systems or re- ward in today’s world. Let us stop the ignate the amendment. ceive signals. assault on public broadcasting and let The text of the amendment is as fol- This program has been an unqualified us invest in our future. lows: success because it has helped extend Mr. ROGERS. Mr. Chairman, will the Amendment offered by Mr. ENGEL: Page 51, public TV and public radio stations to gentleman yield? line 25, after the dollar amount, insert the most of this country. It has been esti- Mr. ENGEL. I yield to the gentleman following: ‘‘(increased by $5,000,000)’’. mated that 10 million Americans still from Kentucky. Page 53, line 6, after the dollar amount, in- do not receive a reliable public tele- Mr. ROGERS. Mr. Chairman, I want sert the following: ‘‘(reduced by $5,000,000)’’. vision signal and approximately 25 mil- to accept the gentleman’s amendment. The CHAIRMAN. Pursuant to the lion Americans do not receive a reli- Mr. ENGEL. Mr. Chairman, then I order of the House of earlier today, the able public radio signal. will certainly yield to the chairman. gentleman from New York [Mr. ENGEL] On hundred forty-two public tele- Mr. ROGERS. Mr. Chairman, we can and a Member opposed will each con- communications grants that were re- cut this short. I want to commend the trol 5 minutes. warded in fiscal year 1995 went to non- gentleman. I have no objection to the The Chair now recognizes the gen- commercial telecommunications gentleman’s amendment. tleman from New York [Mr. ENGEL]. awards in 44 States, extending public Mr. MOLLOHAN. Mr. Chairman, will Mr. ENGEL. Mr. Chairman, I rise radio signals to 2.8 million previously the gentleman yield? today to offer an amendment to restore unserved persons and public TV to Mr. ENGEL. I yield to the gentleman funding for the Public Telecommuni- 500,000 unserved persons. PTFP is the from West Virginia. cations Facilities Program. I say to my sole program in the Federal Govern- Mr. MOLLOHAN. Mr. Chairman, if I colleagues if they are for public broad- ment that assists in the maintenance might say, the gentleman has stated casting they should to be for this of the vast public broadcasting inven- his position well, and I would like to amendment. The bill before us allo- tory which now exceeds an estimated 1 associate myself with his comments in cates $10 million for this program, billion in value. Cutting this public support of this program, and I am which is a $5 million cut from last telecommunications facilities program pleased the chairman is going to accept year. My amendment would retain the will only weaken the ability of the pub- the amendment. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8233 Mr. ENGEL. Mr. Chairman, I yield over 150 manatees along the coast of Mr. GOSS. Mr. Chairman, I thank my back the balance of my time. Florida this past spring. The manatee distinguished colleague and friend from The CHAIRMAN. Does any Member is a harmless sea cow which roams the Florida for recognizing me. seek time in opposition? Florida waterways searching for warm Forty years ago, if we were talking If not, the question is on the amend- water and food. However, this food, about red tide, it would be a foreign af- ment offered by the gentleman from once tainted with large amounts of red fairs or a national defense issue. Now it New York [Mr. ENGEL]. tide algae, can cause respiratory dam- is very much a domestic issue. Mem- The amendment was agreed to. age and a breakdown of the nervous bers may not think they care, but AMENDMENT OFFERED BY MR. MILLER OF system. Eventually the red tide causes sooner or later they will probably be in FLORIDA the manatees to suffocate. Florida or at the seashore somewhere Mr. MILLER of Florida. Mr. Chair- We have always known that red tidal and they may experience part of the man, I offer an amendment. algae can cause death in fish and birds, problems of the killer red tides that we The CHAIRMAN. The Clerk will des- and after particularly long periods of are trying to deal with. ignate the amendment. red tide the beaches are littered with We have learned a lot. We need to The text of the amendment is as fol- dead fish. The manatee which tradi- know a lot more. It is not just the lows: tionally roams the inner waterways are manatees, although they are critically Amendment offered by Mr. MILLER of Flor- usually immune from the toxins which endangered and critically ill because of ida: Page 56, line 9, insert ‘‘including occur in the open ocean. However, this the tide. It is dolphins, it is all kinds of $1,000,000 for red tide research,’’ after ‘‘Na- past spring the west coast of Florida fish, shellfish, which create health haz- tional Ocean Service,’’. experienced a severe case of red tide. It ards. Mr. CHAIRMAN. Pursuant to the was during this time that an excessive We have economy problems for beach order of the House of earlier today, the amount of manatees began to die. This front communities and fishing commu- gentleman from Florida [Mr. MILLER] spring alone there were 304 manatees nities. We have tourist problems. This and a Member opposed will each con- found dead. That is 198 more than any is a good area for an investment in trol 5 minutes. previous record, and it amounts to an quality of life. The Chair recognizes the gentleman 11 percent reduction in the population Mr. Chairman, I urge that we support from Florida [Mr. MILLER]. of manatees in the United States. this. Mr. MILLER of Florida. Mr. Chair- At this rate the entire population of Mr. MILLER of Florida. Mr. Chair- man, I yield myself such time as I may manatees in the United States will be man, I ask unanimous consent to with- consume. wiped out in a little over 9 years. A draw the amendment at the suggestion Mr. Chairman, this amendment is loss such as this cannot be tolerated of the chairman. simply to take $1 million out of the Na- especially if we can come up with a The CHAIRMAN. Is there objection tional Ocean Service Program and spe- way to help address that problem. to the request of the gentleman from That is why I have requested that cifically target it for red tide research. Florida? this amendment today allocate special At this time I want to ask if I may There was no objection. money for red tide research. There are engage the chairman of the sub- Mrs. JOHNSON of Connecticut. Mr. several programs currently in the Com- committee with a colloquy on the sub- Chairman, I move to strike the last merce-Justice appropriation bill that ject of red tide research. word. Mr. ROGERS. Mr. Chairman, will the provide incentives for research into causes and effects of red tide, and I The CHAIRMAN. Without objection, gentleman yield? the gentlewoman from Connecticut Mr. MILLER of Florida. I yield to the want to thank the chairman for his as- sistance in getting language in the bill [Mrs. JOHNSON] is recognized for 5 min- gentleman from Kentucky. utes. Mr. ROGERS. Mr. Chairman, I appre- which would direct the proper officials at NOAA to consider the problem of red There was no objection. ciate the efforts of the gentleman from Mrs. JOHNSON of Connecticut. Mr. Florida as well as the gentleman from tide. However, since we now realize the di- Chairman, I wish to engage the chair- New York [Mr. FORBES] and their sub- rect links between the deaths of man of the committee in a colloquy committee to bring this issue to the at- manatees and the growth of red tide, with regard to the women’s demonstra- tention of the House. we must be proactive in our quest to tion program within the Small Busi- As the gentleman knows, we are save an important and valued endan- ness Administration. under tremendous fiscal constraints gered species. By increasing the fund- I strongly support this program this year; however, he raises a very im- ing for red tide, we address many is- which has established 54 nonprofit portant issue, and I assure the gen- sues. We can help find the cause of business centers in 28 states since it tleman that I will continue to work these algae blooms not only for red began in 1988. Since then, these busi- with him as we move the bill through tide, but also the associated brown ness centers have provided training and the process to further address this very tide, a big concern of my colleagues technical assistance to more than important issue the gentleman has so from New York and from California, 60,000 women hoping to start their own ably brought before us. and we can perhaps develop a network businesses. Each business center tai- Mr. MILLER of Florida. Mr. Chair- for working together on this problem. lors itself to the particular needs of the man, reclaiming my time, I thank the I am sure the manatees are not the community and assures that women chairman. only species endangered from these have the resources they need to plan, I want to discuss this for a minute, if toxins. We now know red tide is a real organize and expand their business. I may. This is a very important issue threat to an endangered species. We b 2215 for those of us in Florida. This red tide have less than 2,300 manatees today is of importance to many coastal areas and we have no time to waste to ad- This level of business development is around the United States. dress this problem. vital to our national economic well- Red tide is known as a nuisance prob- I appreciate the chairman’s efforts to being, offering more opportunities to lem because it gives people headaches, find more resources for harmful algae women than corporations where the makes people nauseous when they are bloom research. With his assurance glass ceiling is still prevalent. around it, but because we see the dead that we can look for ways to bring These business centers have proven fish washing up on the beach, it con- more resources to this problem when to be a good investment as well, aver- cerns the tourism of our area. But now we go to conference with the Senate, I aging one new business and four new it has come to the attention of sci- intend to withdraw this amendment. jobs for every 10,000 Federal dollars in- entists that red tide is now a killer of Mr. Chairman, I yield such time as he vested. Because of the unique funding endangered species. may consume to the gentleman from structure of this program, 35 sites are A direct link was established by the Florida [Mr. GOSS]. now entirely self-sufficient, providing University of Miami this summer. (Mr. GOSS asked and was given per- needed assistance without Federal Their study concluded that red tide mission to revise and extend his re- funding. Three years after a business was definitely the cause of death of marks.) center is established, it must become H8234 CONGRESSIONAL RECORD — HOUSE July 23, 1996 by law financially self-sufficient. The motion was agreed to. ber on the part of the House: Ms. Vic- Therefore, the program creates inde- Accordingly the Committee rose; and toria Toensing, Washington, DC. pendent support sites that successfully the Speaker pro tempore (Mr. HUTCHIN- There was no objection. foster the growth of women-owned SON) having assumed the chair, Mr. f businesses and job opportunities for GUNDERSON, Chairman of the Commit- SPECIAL ORDERS thousands. tee of the Whole House on the State of Despite the advances that women the Union, reported that that Commit- The SPEAKER pro tempore. Under have made in the small business arena, tee, having had under consideration the Speaker’s announced policy of May women-owned businesses continue to the bill (H.R. 3814) making appropria- 12, 1995, and under a previous order of face unique challenges when seeking tions for the Departments of Com- the House, the following Members will capital, competing for government merce, Justice, and State, the Judici- be recognized for 5 minutes each. grants, and getting the technical as- ary, and related agencies for the fiscal f sistance they need to succeed. A pro- year ending September 30, 1997, and for The SPEAKER pro tempore. Under a gram focused solely on clearing these other purposes, had come to no resolu- previous order of the House, the gen- hurdles for women on businesses is a tion thereon. tleman from Arizona [Mr. SHADEGG] is vital enterprise. f recognized for 5 minutes. I understand, Mr. Chairman, that the [Mr. SHADEGG addressed the House. gentleman from Kentucky [Mr. ROG- CONTINUATION OF NATIONAL His remarks will appear hereinafter in ERS] is well familiar with this program. EMERGENCY WITH RESPECT TO the Extensions of Remarks.] IRAQ—MESSAGE FROM THE Mr. ROGERS. Mr. Chairman, will the f PRESIDENT OF THE UNITED gentlewoman yield? The SPEAKER pro tempore. Under a Mrs. JOHNSON of Connecticut. I STATES previous order of the House, the gentle- yield to the gentleman from Kentucky. The SPEAKER pro tempore laid be- woman from the District of Columbia Mr. ROGERS. Mr. Chairman, let me fore the House the following message [Ms. NORTON] is recognized for 5 min- assure the gentlewoman that the goals from the President of the United utes. of the women’s demonstration program States; which was read and, together [Ms. NORTON addressed the House. are certainly worthy and deserve our with the accompanying papers, without support. Her remarks will appear hereinafter in objection, referred to the Committee the Extensions of Remarks.] Mrs. JOHNSON of Connecticut. Mr. on International Relations and ordered f Chairman, I would also like to point to be printed: out that despite the great gains women The SPEAKER pro tempore. Under a have made in their ownership and oper- To the Congress of the United States: previous order of the House, the gen- ation of small businesses, 52 percent of Section 202(d) of the National Emer- tleman from California [Mr. DORNAN] is women-owned businesses are financed gencies Act (50 U.S.C. 1622(d)) provides recognized for 5 minutes. by credit cards; only 11 percent of for the automatic termination of a na- [Mr. DORNAN addressed the House. men’s businesses are funded that way. tional emergency unless, prior to the His remarks will appear hereinafter in Therefore, we must continue to men- anniversary date of its declaration, the the Extensions of Remarks.] tor women and offer them individual- President publishes in the Federal Reg- f ister and transmits to the Congress a ized counseling that takes them The SPEAKER pro tempore. Under a notice stating that the emergency is to through the workings of the business previous order of the House, the gen- continue in effect beyond the anniver- world step by step. The one-size-fits- tleman from Indiana [Mr. BURTON] is sary date. In accordance with this pro- all, one-time business plan offered by recognized for 5 minutes. other programs will not ensure that vision, I have sent the enclosed notice, [Mr. BURTON of Indiana addressed these female entrepreneurs get the help stating that the Iraqi emergency is to the House. His remarks will appear they need on the road to success. continue in effect beyond August 2, hereinafter in the Extensions of Re- Women who have benefited from the 1996, to the Federal Register for publi- marks.] expertise offered at Connecticut’s one cation. business center have commented on The crisis between the United States f how hungry they were for information and Iraq that led to the declaration on The SPEAKER pro tempore. Under a and how relevant and practical the in- August 2, 1990, of a national emergency previous order of the House, the gen- formation they have received from the has not been resolved. The Government tleman from Michigan [Mr. EHLERS] is center has been. Over and over these of Iraq continues to engage in activi- recognized for 5 minutes. women have told the business center, I ties inimical to stability in the Middle [Mr. EHLERS addressed the House. could not have done it without you. East and hostile to United States in- His remarks will appear hereinafter in On that note, I want to express my terests in the region. Such Iraqi ac- the Extensions of Remarks.] hope that the women’s demonstration tions pose a continuing unusual and ex- f program which received a $2.8 million traordinary threat to the national se- The SPEAKER pro tempore. Under a reduction in this year’s Commerce, curity and vital foreign policy inter- previous order of the House, the gen- Justice, and State appropriation bill, ests of the United States. For these tleman from Pennsylvania [Mr. ENG- will be fully funded as the bill moves reasons, I have determined that it is LISH] is recognized for 5 minutes. necessary to maintain in force the through conference with the Senate. [Mr. ENGLISH of Pennsylvania ad- broad authorities necessary to apply Mr. ROGERS. Mr. Chairman, if the dressed the House. His remarks will ap- economic pressure on the Government gentlewoman will continue to yield, pear hereinafter in the Extensions of of Iraq. given the very strong support this pro- Remarks.] WILLIAM J. CLINTON. gram has within the Senate and the f worthy goals of the women’s dem- THE WHITE HOUSE, July 22, 1996. The SPEAKER pro tempore. Under a onstration program, I am committed to f previous order of the House, the gen- working with the gentlewoman to en- tleman from Connecticut [Mr. SHAYS] sure that this program receives the APPOINTMENT TO NATIONAL COM- is recognized for 5 minutes. necessary funding as the bill moves MISSION ON ADVANCEMENT OF through conference with the Senate. FEDERAL LAW ENFORCEMENT [Mr. SHAYS addressed the House. His Mrs. JOHNSON of Connecticut. Mr. The SPEAKER pro tempore. Without remarks will appear hereinafter in the Chairman, I thank the chairman for his objection, and pursuant to the provi- Extensions of Remarks.] time and consideration regarding this sions of section 801(c)(1) of public law f program. I greatly appreciate his com- 104–132, the chair announces the speak- The SPEAKER pro tempore. Under a mitment. er’s appointment to the National Com- previous order of the House, the gen- Mr. ROGERS. Mr. Chairman, I move mission on the Advancement of Federal tleman from Iowa [Mr. LEACH] is recog- that the Committee do now rise. Law Enforcement the following mem- nized for 5 minutes. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8235 [Mr. LEACH addressed the House. His the Cypriot people on both sides of the age in Cyprus who know nothing other remarks will appear hereinafter in the Green line. than the experience of living in a di- Extensions of Remarks.] Indeed, Cyprus has become a code- vided society. For this next generation f word for stale-mate and intractability what can guide them in learning to ac- The SPEAKER pro tempore. Under a in international diplomacy. cept life with a neighboring but dif- This year, new governments in previous order of the House, the gen- ferent culture? Time is running out for Greece and Turkey had led to hopes tleman from Georgia [Mr. KINGSTON] is the possibility of achieving a peaceful and expectations that a fresh start in recognized for 5 minutes. settlement, and the people of Cyprus improving relations between the two now have to ask themselves if the en- [Mr. KINGSTON addressed the House. countries could be made, and lead to mity between the two communities is His remarks will appear hereinafter in the mutual confidence that could truly worth the price of a divided na- the Extensions of Remarks.] produce a settlement for Cyprus. tion. f Those hopes were dashed when Turk- b 2230 CYPRUS—22 YEARS OF DIVISION ish war ships attempted to challenge Greek sovereignty over Imia. Because Mr. BILIRAKIS. Mr. Speaker, nobody The SPEAKER pro tempore. Under of concerns over increasing instability deserves more credit than the gen- the Speaker’s announced policy of May in the Aegean we placed a hold on the tleman from New York [Mr. GILMAN] 12, 1995, the gentleman from Florida transfer of three U.S. naval frigates to on the issue of human rights all over [Mr. BILIRAKIS] is recognized for half Turkey. the world, and I really thank the gen- the time until the hour of midnight as I hope that our hold will send a tleman. the designee of the majority leader. strong signal to Ankara that the pa- Mr. Speaker, Cyprus is roughly the Mr. BILIRAKIS. Mr. Speaker, here tience of the Congress has just about same size as the State of Connecticut we are again, year after year, doing run out, and that we want to see move- with approximately 660,000 inhabitants. this special order marking the 22 years ment on getting Turkish troops out of Turkish and Greek Cypriots lived to- of division of the Republic of Cyprus as Cyprus, among other things. gether on the island side by side for al- the result of an unlawful invasion 22 I am distressed that the Clinton ad- most five centuries. However, the land- years go by the Turkish military. ministration seems more interested in scape, Cyprus, was dramatically I am saddened by this so-called anni- coddling Turkey’s military than in changed when Turkey invaded the is- versary but, of course, we are all hope- finding a solution for Cyprus. land in 1974. On July 20 of that year ful that this will be the year that the Last year, we were hopeful that the Turkish forces, some 6,000 troops and 40 Administration under the guidance of division of Cyprus is finally resolved. tanks, landed on the north coast of Cy- former Assistant Secretary Richard And I guess year after year after year prus and captured almost 40 percent of Holbrooke would take on the Cyprus we are always hopeful that this will be the island, and the international com- question, just as Holbrooke had taken the year. And, of course, it never turns munity has strongly condemned the on the job of finding peace in Bosnia. out to be that way. And then here we military invasion from the beginning. Regrettably Mr. Holbrooke has left the are again, the esteemed gentleman On the very day of the invasion the Administration, but it is hoped that from New York [Mr. GILMAN], the es- United Nations adopted Resolution 353, one of our other talented diplomats teemed gentleman from Illinois [Mr. which called upon all states to respect could produce a breakthrough in the PORTER], the esteemed gentleman from the sovereignty, independence, and ter- Pennsylvania [Mr. KLINK], so many region. The shape of a possible settlement is ritorial integrity of Cyprus and de- others, doing this. We will continue to manded an immediate end to military do it because we feel that possibly we out there. I believe that both President Clerides and Mr. Denktash are men intervention in the Republic of Cyprus. may penetrate the consciousness of the However, Turkey ignored the edict of people responsible. who can rise above the recent enmity that has developed between the two the international community and GENERAL LEAVE communities, and find a way to reunite launched a second offensive in August, Mr. BILIRAKIS. Mr. Speaker, I ask the island based on mutual good-will 1974. unanimous consent that all Members and confidence. Mr. Speaker, I yield to the gentleman may have 5 legislative days to revise Regrettably, following the elections from Illinois [Mr. PORTER] at this time. and extend their remarks regarding the this past December, the Turkish gov- Mr. PORTER. I very much thank the subject of my special order. ernment appears to be in a weakened gentleman from Florida for arranging The SPEAKER pro tempore. Is there position and thus less able to reign-in this special order on Cyprus and com- objection to the request of the gen- recalcitrant elements among Turkey’s mend him for his great leadership in tleman from Florida [Mr. BILIRAKIS]? political and military establishment. attempting to once again bring us to- There was no objection. Recent developments in Turkey have gether to address this very, very seri- Mr. BILIRAKIS. Mr. Speaker, I yield led to an Islamist government coming ous matter. to the gentleman from New York [Mr. to power in Ankara. The willingness of Mr. Speaker, I come to the floor GILMAN]. that government to engage in dialog today, as I have many times before, to Mr. GILMAN. Mr. Speaker, today’s and compromise on the Cyprus ques- commemorate the sad anniversary of Special Order on Cyprus comes on the tion is not yet clear. But the fortunes the tragic separation of Cyprus by 22d anniversary of the brutal invasion of the people of Cyprus must not be Turkish troops. This past Saturday, by Turkish troops. I commend my held hostage to internal Turkish politi- July 20, marks the 22d year of the sepa- friend the gentleman from Florida [Mr. cal problems. ration. BILIRAKIS] for organizing this Special Old history and grievances must be On July 20 1974, over 6,000 Turkish Order. Today, the international com- placed behind us as we seek to resolve troops and 40 tanks landed on the north munity is still confronted with the fact the division of Cyprus. I hope and pray coast of Cyprus and heavy fighting that in excess of 30,000 Turkish mili- that both sides of the problem will took place between them and the Cyp- tary personnel remain on the island of reach within themselves to find the re- riot National Guard. Turkish troops Cyprus to enforce an illegal partition solve to settle this persistent problem. pressed on to the capital city of and to protect a self-proclaimed gov- The Greek Cypriots have demonstrated Nicosia, where they engaged in heavy ernment that has been recognized by flexibility and the spirit of compromise street fighting with Cypriot National only one other country—Turkey itself. in recent rounds of U.N. sponsored Guardsmen and Cypriot irregulars. Those of us in the Congress who have talks. The international community Throughout the battles, the Turkish supported a negotiated settlement to and the U.N. should recognize this as air force bombed and strafed Greek- the dispute which has led to the divi- we re-evaluate our tactics in the light Cypriot positions and attacked the sion of Cyprus are painfully aware of of the most recent failure to move be- Nicosia airport. By the time a cease the complexities of the issue, the injus- yond the current situation. fire had been arranged on August 16, tices committed, and particularly the Twenty-two years is a long time. Turkish forces had taken the northern suffering over these many long years of There are now young people coming of third of the country. H8236 CONGRESSIONAL RECORD — HOUSE July 23, 1996 Throughout the battles subsequent itself in the negotiations themselves. Imia is, and not many of them have occupation, tales of atrocities, abduc- But we can and should do everything been good. In fact, on March 1 of this tions, rapes, and executions were possible to encourage the parties to year Turkish Cypriot leader Rauf heard. It was only as those abducted or find common ground and to establish Denktash finally made the comment taken prisoner of war began to filter an environment in which agreement that those Greek Cypriots that the back to their homes after the cease fire can take place. gentleman from Florida [Mr. BILI- that it became apparent that hundreds Mr. Speaker, let us all hope that next RAKIS] referred to who were captured were missing. year, at this time, we no longer have during Turkey’s 1974 invasion of Cy- The Congressional Human Rights the need to gather once again on the prus were murdered, were murdered, he Caucus, which I have co-chaired with House floor to reiterate our deep frus- said, by Turkish Cypriot paramilitary the gentleman from California [Mr. tration at the ongoing Turkish mili- forces, which would be, I would remind LANTOS] for over a decade, has held nu- tary occupation of Cyprus. Twenty-two you, in violation of the Geneva ac- merous briefings on this issue. Always, years is much too long to see a divided cords. we hear wrenching testimony of viola- island and divided people. It is my When he was asked about the fate of tions and subsequent coverups by the deepest hope, that the next special the Greek Cypriots, and we assume Turks. The coverup continues to this order on Cyprus will be to commemo- also the five Americans who are listed very day. rate and celebrate a new found lasting as missing, including, I would mention, Over 1,600 Greek Cypriots and 5 peace and unity in Cyprus. one 17-year-old boy from Michigan who Americans are still among the missing, I thank my good friend and col- was taken away from his family with and a generation has grown up in Cy- league, the gentleman from Florida his American passport in his hand, and prus not knowing unity and peace. [Mr. BILIRAKIS], for calling this special Denktash told a Greek Cypriot tele- Over 35,000 Turkish troops occupy the order and for bringing us together in vision station; this is a direct quote, northern third of this beautiful coun- this ongoing effort to solve this very, Mr. Speaker; what happened, he said, try, despite the fact that this military very difficult problem. was this: occupation is recognized to be illegal Mr. BILIRAKIS. Long before I got ‘‘As the Turkish army moved and and in violation of numerous United here you were very much interested in captured Greek Cypriots, unfortu- Nations resolutions. this issue, and you are the chairman of nately they were handed to our fight- Since we stood here on this same the Human Rights Caucus, ranking ers;’’ an aside here, Mr. Speaker, he date 1 year ago, Congress and the ad- member of that caucus for many, many was speaking of the Turkish Cypriot ministration have repeatedly indicated years, and I know your interest in militia; he said, ‘‘Among whom were that a Cyprus solution is long over due. human rights, and this is a human people that had lost family over the The House has passed a resolution, of rights issue. It is an issue of right ver- years. Instead of taking them to the which I was an original cosponsor, re- sus wrong, but also very much so police station or the prison camps, affirming that the status quo on Cy- human rights, and I know that it is they were killed.’’ prus is unacceptable and calling for the something that you have been greatly Well, President Clerides of Cyprus demilitarization of Cyprus. In addition, concerned with. said if the Turkish side claims that the the House reduced economic assistance As a result, Mr. Speaker, of Turkey’s missing are dead, then we demand to to Turkey for fiscal year 1996 from the illegal invasion, 1,619 people are miss- know the circumstances of their death, administration request of $100 million ing. Among these missing, five are U.S. and we want to know where they were to $33.5 million because of their ongo- citizens. In addition, more than 200,000 buried. Their families deserve to know. ing human rights violations, including Cypriots were forcibly driven from The world deserves to know. As of yet their illegal military occupation of Cy- their homes and are now refugees, a we do not know. We have not had an prus. The administration has repeat- people without a home. To date, Tur- answer. edly said that 1996 is to be the year of key continues its illegal occupation of This comment, I would remind you, the ‘‘big push’’ on Cyprus. was made March 1 of this year. A Cy- But, Mr. Speaker, we are over half the northern portion of Cyprus, main- prus government spokesman said the way through 1966 and a Cyprus solution taining more than 35,000 troops and still seems a distant reality. We talk, some 80,000 settlers there. Clearly, this government was considering whether and talk, and talk some more about occupation continues to serve as a or not to press for the prosecution of what needs to be done to bring peace wedge among Cyprus, Turkey, and these acts as war crimes, saying if pris- and unity to this tiny, beautiful Medi- Greece. In fact, relations among these oners of war were executed in cold terranean country. According to a re- three countries have recently deterio- blood, that would violate the Geneva cent Washington Times article, the Cy- rated from the dispute over the island Convention on the treatment of pris- prus problem has been reviewed at of Imia, as Mr. GILMAN mentioned, this oners of war. He also disputed the least 150 times during the past 22 years past January, to the shooting of an un- claims of the Turkish Cypriot leaders to no avail. I would argue that 150 is a armed Greek teenager by the Turkish that prisoners taken to Turkey were very conservative estimate. occupation army in Cyprus this June. all accounted for. He said even among But, Mr. Speaker, most significantly These incidents, Mr. Speaker, are the people taken to Turkey and reg- talks are scheduled to begin in 1998 re- just a few of the many hostile actions istered by the International Red Cross garding Cyprus’ entry into the Euro- taken by Turkey and are indicative of some of them never came back and pean Union. Their approach should gal- Turkey’s aggressive behavior towards questioned whether or not Denktash vanize serious negotiations now that Cyprus and Greece. was now attempting to exonerate the lead Greek and Turkish Cypriots of Mr. Speaker, I would yield to the Turkish Army which, under the Geneva goodwill to find the keys to unlock a gentleman from Pennsylvania, my fel- Convention, bore the sole responsibil- lasting peace and reunite a divided low Greek American, Mr. KLINK. ity for prisoners of war. country. Mr. KLINK. I thank the gentleman Now, strong condemnation of the Mr. Speaker, we cannot suffer an- from Florida, Mr. BILIRAKIS for yield- Turkish admission came from leaders other round of failed talks between the ing to me, and like Mr. PORTER and Mr. across Europe. They said again that parties. I would urge not only an extra GILMAN, I have the desire that the next the main responsibility for the dis- strong push by the administration to time we stand to talk about Cyprus it appearance of these persons still lies raise this issue to the highest priority, will be because the right thing has with the Turkish Army, a fact that has but that our military talk directly been done and that the international been verified by international organi- with their counterparts in the Turkish community, European Union and oth- zations. military to gain their cooperation in ers have forced the hand of the Turks I will remind you that over hundreds finding a way to begin withdrawing to finally do what is right. of years it has been Turkey that has Turkish troops as a first step toward Mr. Speaker, since we stood here 1 been the provocateurs. The incident of unification. year ago, many things have happened the invasion of Cyprus 22 years ago Obviously, Mr. Speaker, our country that have changed that part of the Ae- does not stand alone in the annals of cannot and, in fact, must not involve gean where Cyprus is or the island of history of this part of the world. My July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8237 own family’s name, as they lived on nomic times. Of course, Greece has them by the Turkish military. Today the island of Kalymnos, which is where tough economic times. They are one of Turkey maintains more than 35,000 Mr. BILIRAKIS’s family also came from, the poorest of the European Union. Yet troops in northern Cyprus, further was changed to Giavasis by the Turks, they are forced year after year to spend straining the unstable and tumultuous as they had control of Greece for hun- 6 to 7 percent of their gross national environment of the region. dreds of years, and it was always the product on defense, because they stand I commend President Clinton for des- Turks who came as the provocateurs, alone against the Turks, and the world ignating 1996 as the year of Cyprus. In- and they showed us again, I mentioned and the European Union has not forced deed, I wrote to the President earlier at the beginning of my statement, that the Turks to find a solution on the is- this year urging him to seek a perma- during the past year many things have land of Cyprus. nent, peaceful settlement of the Cyprus occurred. Well, it was not only having Mr. Speaker, I will be very thankful dispute. I am encouraged by the recent to do with Cyprus, but the Turks tonight to the many Members who developments as a result of the admin- moved to make a claim on a tiny island have stayed here on the floor because istration’s efforts in Cyprus last week. by the name of Imia, small island, they have justice in their heart. It The recent visit of U.S. presidential uninhabited except for some goats or would be very easy for Members and for envoy Richard Beattie and Ambassador for some sheep. the staff here in the House Chamber to Albright was a positive one. Discus- Many people say, ‘‘Well, why fight go home, but the fact of the matter is sions aimed at reducing military ten- about it?’’ Well, I would argue that that, while we may be a little bit tired sions between the parties are expected there were parts of south Texas that tonight, while we may not like work- to begin in the near future. It is ex- are virtually uninhabited except by ing long hours, we are talking about tremely important that the adminis- jack rabbits and snakes and scorpions, hours. To the Greek Cypriots it is tration continue to work with the par- but if the Mexicans tried to occupy years. ties to reduce tensions and move the that, we would be at war. I thank my friends on both sides of peace process forward. This island is Greek. This island was the aisle who have had justice and the The 22nd anniversary of the Turkish controlled, as part of the Dodecanese, feeling for their fellow humankind in invasion of Cyprus comes at a time by Italy by the Lausanne peace treaty their hearts for these years that have when other formerly embattled nations of 1923, and subsequently the Italians time after time come to this floor to are at last finding common ground granted this to Greek sovereignty in speak on behalf of not constituents of upon which to reach a lasting peace. the Paris Peace Treaty of 1947 follow- theirs, but for people of a nation who The U.S. has the ability to play a criti- ing World War II. have been wronged. cal role in helping the people of Cyprus There is no question about this, and I thank my dear friend, the gen- and stabilizing relations in the eastern yet in the past year the Turks once tleman from Florida, MIKE BILIRAKIS, Mediterranean. again being the provocateurs, having again for leading us, and for being the Mr. Speaker, the settlement of the been successful for 22 years at occupy- voice of reason of Greeks around the Cyprus dispute should be the highest ing Cyprus, at raping, at pillaging, at world, and I hope that before the next priority for the United States. I urge creating hundreds of people who are year’s anniversary comes we have some the support of my colleagues in moving refugees in their own land, were not kind of positive solution to the prob- this important initiative forward, and happy. They moved in a provocative lems of Cyprus. once again commend the gentleman way toward the island of Imia, and it is Mr. BILIRAKIS. Mr. Speaker, I from Florida [Mr. BILIRAKIS], for his up to the United States and to the Con- thank the gentleman. Obviously, that leadership, his endurance, and his great gress and to the President to not allow is the hope we all have. I cannot say commitment to the cause of peace, this to occur, to not stand idly by. It is how proud I am to be working with the both here and in Cyprus. up to the European Union to not look gentleman on this issue, as well as so Mr. Speaker, I include for the at this as happening to Greece, that many others. RECORD a letter from President Clinton Greece is one country alone, but this is Mr. Speaker, I yield to the gentleman regarding U.S. efforts towards peace in an attack upon the European Union from Rhode Island [Mr. REED]. Cyprus: just as the movement against Cyprus Mr. REED. Mr. Speaker, I first want The letter referred to is as follows: was a movement against all the Ae- to commend the gentleman from Flor- THE WHITE HOUSE, Washington, DC, July 17, 1996. gean. ida [Mr. BILIRAKIS], for his leadership in organizing this special order, and for Hon. JACK REED, b 2245 House of Representatives, his leadership on all of these vital is- Washington, DC. If you go to islands like Khios, you sues of importance, not only to our DEAR JACK: Thank you for your letter con- will find out that tens of thousands of country but to the country of Greece cerning our Cyprus initiative. I value your natives of the island of Khios were and to the country of Cyprus. expressions of support for our efforts to end massacred 175 years ago by the Turks. Mr. Speaker, I rise today to call at- the division of that island. When the Turks moved against Cyprus tention to the 22nd anniversary of the We have long appreciated the adverse ef- in 1974, tens of thousands of those liv- Turkish invasion and occupation of the fect that the Cyprus problem has on rela- ing on the island 150 years after the Republic of Cyprus. July 20, 1996, tions between Greece and Turkey. A nego- tiated solution would remove a serious massacre left because they were afraid marks 22 long years of Turkish mili- source of tensions between the two coun- of what was going to happen. tary presence in Cyprus. This anniver- tries. We made this point to Presidents That island still bears the scars of sary serves as a reminder that contin- Demirel and Stephanopoulos, Prime Minister Turkish violence towards them, of the ued efforts on the part of the United Simitis and Foreign Minister Gonensay dur- 3,000 Greeks who were burned to death States are essential in trying to estab- ing their recent visits to Washington. We so- when they fled to a church on Khios, lish a lasting, peaceful solution to the licited and received their support for our and the Turks burned the church down Cyprus dispute. planned efforts to work toward an eventual around them. And you can see the negotiated settlement. On July 20, 1974, 6,000 Turkish troops I completed my series of personal consulta- bloody imprints of the faces and hands launched the invasion of Cyprus, an in- tions with regional leaders when I hosted of children, of small Greek children, vasion that would ultimately conclude President Clerides at the White House on still today, on the floor, on the marble with the occupation of 40 percent of the June 17. I reaffirmed to him my commitment floors of this church, as they have re- island and its 660,000 inhabitants. to assist in the search for a Cyprus solution. built it. You can see the charred bones. Moreover, the installation of Turkish After meeting President Clerides, I an- They have been kept there for Greeks troops on Cyprus wrote an end to cen- nounced that I would send my Special Emis- to be able to remember these hos- turies of peaceful cohabitation between sary, Richard Beattie, to the region this tilities that were brought against them month to begin discussions on the key issues the Cypriot and Turkish Cypriot com- involved in a comprehensive settlement, by the Ottoman Empire. munities. with special emphasis on security. I expect So what we are looking at today is Since then thousands of Cypriots cooperation from all the parties when Mr. not something that can be blamed on have lost their lives over the years as Beattie and his delegation arrive in Turkey, the fact that Turkey has tough eco- a result of horrific acts imposed upon Greece and Cyprus. H8238 CONGRESSIONAL RECORD — HOUSE July 23, 1996 As we undertake our efforts to advance a Mr. BILIRAKIS. I thank the gen- invasion, of separation of families, of a solution, you can be assured of my commit- tleman for joining us this evening, this division of a country in an artificial ment to continued U.S. leadership on what I late evening, Mr. Speaker. means, and at the same time of a con- consider one of our highest priorities in Eu- Mr. Speaker, Turkey also deployed, tinuous occupation. And as the gen- rope. Sincerely, in addition to all of these other trans- tleman just pointed out, 37 percent of gressions that we have heard here to- BILL CLINTON. the island remains under occupation by Mr. BILIRAKIS. I thank the gen- night, nearly 100 American-made tanks Turkish troops, which, in defiance of tleman for joining us in this very im- on northern Cyprus this past January; United Nations resolutions, now num- portant special order, Mr. Speaker. I repeat, nearly 100 American-made ber 35,000. This makes Cyprus one of Mr. Speaker, I yield to the gentleman tanks on northern Cyprus, this is the the most militarized areas in the from California [Mr. HORN]. occupied territory, this past January, world, considering its overall size. Mr. HORN. Mr. Speaker, I thank my in direct violation of agreements be- The fact of the matter is that despite distinguished colleague, the gentleman tween Turkey and the United States. the tragic history, we hope there is from Florida, Mr. BILIRAKIS, for ar- We have to ask ourselves, finally we reason to be optimistic. We believe the ranging this colloquy. I thank my col- have to ask ourselves, what are we Cyprus problem is resolvable. The Clin- leagues on both sides of the aisle for doing in protest of these violations? ton administration announced a new our common participation on what is Rhetoric after rhetoric after rhetoric, initiative to reunite Cyprus, and last basic American policy. We hope it will and nothing is being done. I am not week Ambassador Madeleine Albright reach fruition and implementation. just referring to the administration, and special envoy Dick Beattie arrived Mr. Speaker, this past weekend but I am referring to the Congress, in Cyprus to kick off what they have marked the 22d anniversary of the even though we have had a couple of termed as the big push, and that is ex- Turkish invasion of Cyprus. Once votes in the last couple of years par- actly what our Cyprus policy needs. again, this body marks an annual re- ticularly focusing on human rights vio- It is time to dispose of all of the ar- membrance of the suffering of the Cyp- lations which would be sending a mes- guments and excuses which have post- riot people and the division of Cyprus. sage to Turkey. poned progress on the Cyprus problem. Following a long investigation, the Turkey’s recent actions have caused There is never a perfect time, and cer- European Commission of Human me, as I am sure I speak for all mem- tainly this is a time to go ahead and Rights concluded that there were ‘‘very bers in this House, great concern. I am have a solution. strong indications’’ of killings ‘‘com- still particularly troubled about the Mr. Speaker, I empathize with this mitted on a substantial scale’’ by the claims Turkey made over Imia. It has issue because I believe, having visited Turkish Army during its invasion. Ac- been mentioned twice already tonight Cyprus nearly a year ago, when the tions by Turks and Turkish Cypriots two or three times. gentleman from Florida was there him- included wholesale and repeated rapes I have followed this dispute closely, self, having crossed the green line, a of women of all ages, systematic tor- and in fact recently returned from line that divides, artificially, northern ture, savage and humiliating treat- Greece, where I had the opportunity to Cyprus and the rest of it from the ment of hundreds of people, including visit not only my ancestral homeland, Greek side to the Turkish side, having children, women, pensioners, during Kalymnos, the island the ancestors of brought constituents of mine, the their detention by the Turkish forces, the gentleman from Pennsylvania [Mr. Zambas family from my district, who as well as looting and robbery on an ex- KLINK] also come from, but also this for the first time after all of these tensive scale by Turkish troops and disputed island of Imia. years got to return to what to them in Turkish Cypriots. I was accompanied by the gentleman essence is their homeland, their home- It is because of these atrocities that from Florida, Mr. PORTER GOSS, and land, to be able to see their roots, to be the world has held the Turkish occupa- the gentleman from Chicago, Illinois, able to go to what was their church, to tion of one-third of Cyprus in scorn and Mr. BOBBY RUSH. As we sailed through see their village, their neighborhoods. contempt. Turkey is the only country the Dodecanese Islands, a group of 12 The interesting part of that trip was in the world that recognizes the ‘‘Turk- islands down in that southern part of the tremendous resistance that we got ish Republic of Northern Cyprus.’’ The the Aegean, I wanted my colleagues to first of all in trying to cross, although government of Turkey must accept understand that Imia is Greek. Indeed, if you hear the Turkish authorities on that its actions in Cyprus are simply it has always been considered, and, as the other side, they claim that it is wrong, and its continued presence as the gentleman from Pennsylvania [Mr. easy to go back and forth across the an occupying force is illegitimate. KLINK] said, as Greek by those living green line. It is not. As a Member of While Turkey may see the status quo nearby and by the international com- the United States Congress, with the as an acceptable alternative, the world, munity. United States Embassy in Cyprus be- and its American ally, does not see it Despite these recent tensions, I am hind us in an effort to get a few people as an acceptable alternative. Turkey’s confident that they will not hinder, I to cross to see what their homeland intransigence is a threat to the North am hopeful they will not hinder the ad- was, we were told it was going to be Atlantic Treaty Organization and to ministration’s push to resolve the Cy- easy, but it was very difficult. In addi- stability in the Mediterranean. prus issue. Cyprus is the only country tion to that we ended up with a whole We all hope that recent tensions in in Europe, the only country in Europe group of people with us as a security Cyprus, including the shooting of a with 37 percent of its land under the force well beyond our numbers. It made Greek Cypriot guardsman by Turkish occupation of an invading force. Re- it every step of the way. soldiers and rock-throwing by Turkish solving the division of Cyprus will not What was interesting was that when troops at other Greek Cypriots, is only only reunite Cypriots, but will also the Americans of Greek Cypriot de- a rough spot in the road to peace and a help lay the foundation for better rela- scent got together with the Turkish return to normal. These tragic deaths tions between Greece and Turkey. Cypriots, those who were native Turk- should bring everybody to their senses Mr. Speaker, I yield to the gentleman ish Cypriots on the northern side, and on this matter. from New Jersey [Mr. MENENDEZ] who started communicating with each Recent diplomatic activity is encour- was also in Cyprus on my last trip other, they were fine. It was only those aging, and I hope that the administra- there. people, the Turkish authorities who tion will be successful in its efforts. (Mr. MENENDEZ asked and was were not originally Cypriots, who came But the United States must also be given permission to revise and extend from Turkey to settle in the area, that very clear, that it has never accepted, his remarks.) created difficulties and division be- it never will accept, a continuation of Mr. MENENDEZ. Mr. Speaker, I want tween what is naturally two people, the Turkish occupation of part of Cy- to thank the gentleman for yielding, and left to those two people, Greek and prus. It violates the United Nations and also for his leadership in bringing Turkish Cypriots who believe in one charter, it violates the rule of law, it us together on the commemoration of Cyprus and an opportunity to co-exist violates international law, and it vio- what many of my colleagues have al- with each other, this problem could be lates human rights. ready stated is an incredible 32 years of resolved. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8239 In closing, Mr. Speaker, let me just woman from New York [Mrs. than end the suffering caused by this simply say that having seen that chem- MALONEY], who has just been a wonder- cruel and callous blockade. Tragically, istry between the people, having seen ful partner on all of the issues involv- it is the same intransigence that has this artificial division in person, hav- ing Greece and Cyprus. marked Turkey’s attitude on the Cy- ing seen the beauty of the country and Mrs. MALONEY. Mr. Speaker, once prus issue. its enormous possibilities and its im- again as I have every year that I have Let us not forget the facts: 22 years portance to the United States in terms been a Member of Congress, it is my ago, Turkey brutally invaded Cyprus. of security in that part of the world, distinct honor and great privilege to 200,000 Greek Cypriots were expelled and its importance to others of our al- stand with the gentleman from Florida from their homes, their property was lies in terms of their security in that and commemorate the tragic invasion confiscated. Worst of all, 1,614 Cypriots part of the world, and the opportunity and occupation of Cyprus. I am sure and 5 American citizens were seized by that Cyprus has geographically in Mr. BILIRAKIS will agree with me when Turkish troops and remain missing to being a gateway to the West from that I state that a lot has transpired in the this day. part of the world, the United States year since we stood in this well to dis- Mr. Speaker, it has become some- must put its full diplomatic effort and cuss the fate of this beautiful island. what of a cliche to refer to these so- every tool of peaceful diplomacy it has First, I am pleased of the success called missing, but to me this phrase has a distinctly human face. I have met at work to come to a solution. that the gentleman and I had in the That includes having our military, formation of the Congressional Caucus many, many times with constituents of mine in the Astoria neighborhoods which is intricately involved with the on Hellenic Issues. This has become a whose family members are still among Turkish military, to have an enormous large and active organization. We now the missing. I have seen the great pain say, even though it is a democratic have 50 Members from both parties on the faces of the families of Chris government, but it has a tremendous from all regions of the country and Loizoi, Andrew Kassapis, and George influence in that government, to come from all political ideologies. Demo- Anastasiou. I resolved never to give up to a solution on the Cyprus question. It crats, Republicans, liberals, and con- my quest to see that the fates of their can be done. The people of Cyprus, servatives have all joined together to family members are accounted for. Greek and Turkish alike, want a solu- pursue our common objectives of jus- Human decency demands that we use tion, and the fact of the matter is the tice, human rights and stronger ties between the United States and its all the means at our disposal, including United States has the wherewithal, I special orders like this one in this believe, in this matter to be an honest strong democratic allies, Cyprus and Greece. The Hellenic Caucus has orga- great Hall of democracy, to hold Tur- and efficient participant in bringing key accountable for all of the missing. nized important and informative meet- peace with justice in Cyprus. The simple cause of justice demands ings with Greek President I close by reading a brief poem that that Turkey pull back from the third Stephanopoulos and Ambassador was written by Cypriot Nese Yasin, of Cyprus that it now illegally occupies Tsilas, with Cypriot President Clerides, which I feel probably best characterizes with 35,000 troops who are armed to the as well as a touching and very special the sentiments of the Cypriot people. teeth. It says ‘‘My father says love your meeting with this Eminence Arch- Mr. Speaker, last week President country. My country is divided into bishop Iakavos, who retired this year Clinton dispatched our able U.N. Am- two. Which part should I love?’’ after 37 years of service to the commu- bassador Madeleine Albright to Cyprus, nity. b 2300 Greece, and Turkey to restart talks on In addition, the Hellenic Caucus Hopefully a year from now that ques- resolving the dispute. I wish my friend members have strongly urged Presi- the Ambassador the best of luck in this tion will no longer need to be posed, dent Clinton to forcefully condemn Mr. Chairman, and I thank you for the extremely important mission, and I hostile Turkish actions regarding the look forward to hearing her report and opportunity to participate with you in Greek Islands of Imia and Gavdos and that of the Special Envoy Richard this historic moment. other aggressive actions in the eastern Beatty—22 years of brutality, human Mr. BILIRAKIS. I certainly agree Mediterranean. Many members of the rights buses and illegal occupation is with the gentleman. His points are Hellenic Caucus wrote to the Turkish far, far too long. very well taken and you are right, we foreign minister in protest of his coun- I commend my colleagues who are have the power, we have the where- try’s attacks on the human rights speaking this evening for taking the withal to do what needs to be done foundation of Turkey which treats vic- time to go on the record in opposition there. It is so very frustrating that we tims of torture. to war and suffering and in favor of are not really trying. There is an awful Mr. BILIRAKIS and I joined with Sen- peace and justice. All of us owe it to lot of rhetoric, an awful lot of words to ator SARBANES in a successful effort to those who have endured a terrible fate the effect that we will try, we are stop the proposed sale of 12 deadly on this beautiful island to speak up and going to continue to try. We can do it Super Cobra helicopters to Turkey. speak out. Tonight we say to the peo- if we really want to. All we have to do Several of us have kept up the pressure ple of Cyprus and the families of the is put our mind to it and basically roll on Turkey to stop its persecution of missing we will never forget you. We up our sleeves and put our energy be- Christians and Kurds. Hellenic Caucus will always continue working for peace hind our words. members are well represented on the and justice on Cyprus. Mr. MENENDEZ. We are committed list of cosponsors of House Concurrent I want to conclude by thanking my to working with the gentleman to Resolution 42, which passed the House. dear friend Congressman BILIRAKIS for make sure that happens. This bill puts the United States on his extreme effort on the Cyprus issue Mr. BILIRAKIS. Mr. Speaker, the record in support of the demilitariza- and on all Greek causes. He not only green line that the gentleman just re- tion of Cyprus and highlights Congress’ supports it with his rhetoric, with his fers to divides northern and southern continuing interest in achieving a solu- legislation, with his heart, but also Cyprus. It not only divides a nation but tion to the Cypriot situation. with his physical time. He is the only it divides a people. I might add since This brings me to perhaps the great- Member of Congress that has initiated the Berlin Wall went down, it is the est victory for those of us who support a voyage to the island if Imia, who has only wall left in the entire world that Cypriot and Greek causes. On June 5, gone into the enclaves on Cyprus and divides a people, and we sit back and by a resounding vote of 303 to 115, the has attended almost every CECA con- talk about it, do not do anything about House passed the Visclosky amend- ference in Cyprus. I thank you for your it. The invasion and subsequent illegal ment, which would end United States strong, strong commitment to these is- occupation of Cyprus by Turkey left economic aid to Turkey unless it ends sues, your hard work and for organiz- thousands, thousands without a home, its inhumane blockade of Armenia. ing this special order tonight. My con- and because it is late the gentlewoman Mr. Speaker, we all know what Tur- stituents thank you. The families of wants to get home, I know where I key’s response was to this House ac- the missing thank you. would like to go in a few minutes, I tion. Turkey announced that it would Mr. BILIRAKIS. Well, I thank the will yield at this point to the gentle- rather forgo our generous assistance gentlewoman. She has just been great H8240 CONGRESSIONAL RECORD — HOUSE July 23, 1996 to work with, and I am just proud thought that they were Greek Cypriots and settlers went to my school and again to be a cochair of the Hellenic rather than Turkish Cypriots because with wood cutting machines cut the Caucus with the gentlewoman. they spoke Greek so very well. trees and with excavators destroyed all Mr. Speaker, while chairing hearings The point was made, I think, by the the area.’’ She sent me photographs of of the Congressional Human Rights gentleman from New Jersey [Mr. the area as it was destroyed. ‘‘Their Caucus in 1992, I had the opportunity to MENENDEZ], the fact that these people target was to demolish the school and hear first-hand the heart-wrenching got along over the years and it was force me to leave my occupied village, stories of people who had relatives ab- these outside forces that basically split thus, closing down the school forever. ducted during and after the illegal everything up. But we visited this cof- They claim that the property of the Turkish invasion. Throughout these fee house there, we sat down and had Greek school belongs to them after the hearings, a common theme emerged: coffee with the people and heard their invasion and, therefore, they can do The families want concrete answers re- problems. whatever they want. In addition, they garding the fates of their loved ones. We visited a monastery, we call it provocatively tell me that they will Mr. Denktash, the Turkish Cypriot Apostle Andrew, which is Apostle An- turn the school into a field for them to leader, made a recent statement re- drew. It was a monastery that was the play soccer. This is their respect for ferred to by the gentleman from Penn- subject of pilgrimages by families over education. The photographs I am send- sylvania [Mr. KLINK] on a Greek Cyp- the years. The monastery had been ing to you are speaking for themselves. riot television station that the missing closed for better than 20 years, had not Unfortunately, I do not have the in Cyprus were turned over to the been opened, and to the credit of the strength and the courage to describe Turkish militia and killed. While people in charge, they opened it for us. all that is happening. shocked by this statement I question We visited, we went into the mon- ‘‘After your visit here,’’ she is refer- it, given the fact that there is much astery, we lit candles, we drank of the ring to our visit there,’’ the con- evidence to the contrary. We must holy water, and we also captured some querors, declared that they would im- know conclusively what happened to of the holy water that came from the prove our living conditions. However, the five Americans and the 1,614 Greek base of the monastery. The story goes the situation is becoming worse and Cypriots that have been missing since that the Apostle Andrew struck his worse. Moreover, myself and many 1974. staff against the rocks on the side of other enslaved Greeks are being threat- I have sent a letter to President Clin- the mountain and water came out just ened, blackmailed and humiliated. Re- ton urging him to do everything pos- as fresh and as cool and as beautiful as cently, for instance, some people that sible to determine once and for all the could be. are not even ‘policemen’, visited us and fate of the missing in Cyprus. We visited a schoolteacher by the asked to take pictures of us, saying In addition to the missing, as the name of Eleni Foka, we call her Kitty that they were going to issue us their gentlewoman from New York [Mrs. Eleni. That means Miss Helen Foka, F- so-called ‘‘State’s’’ photo IDs. They MALONEY] just mentioned, I also have O-K-A, a lady who is very vocal, a lady want us to denounce our ethnicity and serious concerns about the enclaved who is, based on what Mr. Denktash our identity as enslaved Greeks to be- people in Cyprus. I am pleased to have told me personally, is a thorn in the come Turkish citizens. cosponsored H.R. 2223, the Freedom and side. She still teaches school, I might ‘‘For all of the above, we call you, Human Rights for the Enclaved People add there. We asked her, ‘‘Well, since our free brothers and Greeks all over of Cyprus Act. you live under these types of condi- the world, to help us. Our brothers, we I would advise my colleagues that tions, why do not you just get up and ought not to waste precious time; 23 the enclaved are a group of people in a leave? Why do not you just go over the years of slavery are too long; we are certain part of Cyprus who have re- line into the Greek Cypriot side where begging you to find ways to save our fused to leave their homes. Those who there is freedom at least?’’ She very country. Today is Cyprus, tomorrow is have left their homes over the years tearfully and very emotionally said to the Aegean sea, later will be Thrace; have lost all of their property. These us, ‘‘This is my paradise. Why should I please do not delay, you can help us. people just do not want to leave their leave it?’’ That I think says it all. homes and, consequently, they have ‘‘We wish the best for you and for ‘‘This is my paradise, why should I ourselves. We wish only freedom. stayed there and we call them leave it?’’ ‘‘enclaved’’ because that is exactly I would add that just this week I re- ‘‘With my best regards, your enslaved what they are. This legislation will im- ceived a letter from this lady that I sister, Eleni Foka.’’ plement efforts to eliminate restric- have had interpreted. My Greek is not And she goes on with a note, ‘‘Please tions on the enclaved people of Cyprus. good enough to be able to do too well accept this small gift that was made by Besides cosponsoring the bill, I also with it, so I was able to have it inter- an enslaved sister in an enslaved Agia am very proud to say one of the finest preted. It is addressed to me and I Triada Karpasias. It is made on a black experiences of my life, I visited this would like to read this. background, symbolizing our black area last August accompanied by the ‘‘First I would like to thank you for slavery, using silk which symbolizes gentleman from Ohio, MARTIN HOKE. your great interest and love and also the strength of our endurance. Please We visited the area. We saw and heard thank you for your visit to our to not be late. Unfortunately, as you firsthand the life experiences of these enslaved village, where you saw with realized yourself during your visit, we people. We were accompanied by a cou- your own eyes our living conditions. are facing a deadline.’’ ple of top leaders from the Turkish side You witnessed a very cruel reality, Mr. Speaker, although the rights of who were delegated by Mr. Denktash to that we are living under ‘medieval’ those enclaved are intended to be pro- accompany us. Both of these people conditions that nowhere in the civ- tected by the 1975 Third Vienna Agree- were born, as I understand it, as I re- ilized world can be found. We are de- ment which States that the Greek Cyp- member it, but in any case raised in a nied the right to religion, education, riots, and I quote, that the Greek Cyp- part of southern Cyprus, the nonoccu- movement, correspondence and so riots present in the north are free to pied part of Cyprus called Paphos. much more; in a few words, our human stay and they will be given every help They speak Greek fluently. I might add rights are flagrantly violated. to lead a normal life, end quotes, a re- that they visited these coffee houses The barbarian Turkish invaders ap- cent United Nations report paints a far with us. They spoke Greek so very flu- pear to fear no one, because none of the different picture of their fate. ently that when the people, in the powerful people in the world,’’ and I According to the report, the life of process of communicating with us re- think we know who she is referring to the Greek Cypriots is anything but garding all of their problems and shar- when she says that, ‘‘and no inter- normal. In fact, according to the re- ing with us all their problems and the national organization compels them to port, quote from that full report, enslaved nature of them all, they also respect international law and order, ‘‘Much of the time they live in trepi- communicated the same thing to them human rights and freedom. dation and even fear, due to the con- because they thought that they were ‘‘On June 3, while we are absent from stant Turkish Cypriot police presence also Americans, or at least they the school, Turkish occupation soldiers in their lives.’’ July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8241 b 2318 Like those faithful Cypriots in my we are prepared to return 150 more times, or I would tell my colleagues that the district, in Clearwater and Tarpon as many times as it takes to secure a just res- focal theme of all the remarks that we Springs, FL, and my entire district of olution for the Cypriot people. It is a message received from those people at the cof- the Tampa Bay area and elsewhere, we the Turks have always found hard to swallow. feehouse and throughout that entire must stand up for the values so impor- The Turkish Government has found this area was fear. They lived constantly in tant to us. message hard to digest because agreeing to fear. We must continue to press for a just a just settlement on Cyprus is a solution root- Mr. Speaker, the time has come to resolution to this long-standing dis- ed in the larger acceptance of international reunite Cypriots who have been sepa- pute. Every year since first coming to lawÐa principle which the Turks openly, and rated from their brothers and sisters Congress, I and so many others hostily, rebuke. Indeed, since we gathered by an arbitrary boundary for so long. haveworked hard to give Cyprus the at- here last year to mark this occasion, the Turks Surely it is in Turkey’s best interest, tention it deserves, and this year will nearly introduced yet more armed conflict into surely it has to be in their best interest be no exception. an already unstable area with their unfounded to resolve this conflict as expeditiously Mr. Speaker, before I close I would claim to the Creek islet Imia in the Agean Sea. as possible. Turkey’s actions are keep- like to particularly thank and express This extremely volatile claim has, in fact, ele- ing it from becoming an accepted part my apologies, I guess, to the reporters, vated Turkey's disregard for international law of the European Community. Mean- to the members of the staff, to you, to a new level. As Greece's foreign minister, while, Cyprus is moving forward with and to so many others who we have Theodore Pangalos stated ``this is the first its aspirations for membership in the kept here late tonight, but this is a time that Turkey has actually laid claim to European Community. very important cause and I think you Creek territory.'' Though violence was averted As Cyprus takes steps to improve it- all understand that. through the personal intervention of President self, so, too, must we. We must do our Mr. PALLONE. Mr. Speaker, I want to thank Clinton in the matter, Turkey remains opposed utmost. We have to do our utmost to my colleagues, Mr. BILIRAKIS and Mrs. to Greece's offer to submit the dispute by itself end the division of Cyprus. The admin- MALONEY, the co-chairs of the Congressional to the International Court at The Hague for a istration’s push to settle the Cyprus Caucus on Hellenic issues, for their tireless ef- peaceful, legal resolution. issue was slated to begin after the May forts on behalf of the Greek-American commu- It is precisely this type of intransigenceÐig- 26 parliamentary elections in Cyprus, nity and for putting together this special order noring opportunities to resolve disputes in and I am hopeful those efforts will to mark the 22d anniversary of Turkey's illegal peaceful mannersÐthat has now stretched the complement our own in the House. invasion and occupation of Cyprus. Restoring Cyprus problem into its 22d year. Just last As we in Congress focus on settling independence and freedom to the island na- year Cyprus' President extended an olive this issue, I am reminded of what Alex- tion of Cyprus is, in my opinion, one of the branch to the Turks and suggested that Cy- is Galanos, president of the Cyprus most important foreign policy challenges the prus be demilitarized as part of an effort to House of Representatives, has stressed, United States continues to face and I am sad- create a peaceful environment under which and I quote him: dened that yet another year has gone by with- negotiations for a comprehensive solution to Any initiative that is not focused on the out much progress. the dispute could be conducted. The House of respect of Cyprus’ sovereignty, on respect for I am, however, as equally determined to Representatives strongly endorsed the idea the rule of law, on basic freedoms and on the keep Congress actively involved in this issue last year, passing House Concurrent Resolu- termination of any foreign intervention, in- until a just settlement for the Cypriot people is tion 42, echoing the Cypriot President's call to cluding the termination of the policy of ille- reached. Accordingly, I would like to commend demilitarize the island. The Turks have so far gal settlers in Cyprus is bound to fail. the American delegation dispatched by the ad- rejected the idea. As many of my colleagues may know, ministration to Greece, Cyprus, and Turkey In response, many of us in the House joined the gentlewoman from New York [Mrs. last week for their dedication. Headed by our forces to send Turkey a strong message. As MALONEY] and I recently formed—she Permanent Ambassador to the United Nations was the case during consideration of the fiscal referred to it proudly, as I am proud of Madeleine Albright and the President's Special year 1996 budget, we were successful again it too—formed a Hellenic Caucus to Emissary for Cyprus Richard Beattie, as well this year in passing amendments to the fiscal foster and improve relations between as other high level State Department officials year 1997 foreign appropriations bill that cuts the United States and our important working on the Cyprus problem, the delegation aid to Turkey in response to its continued ille- ally, Greece. A principal purpose of the is once again offering American assistance in gal occupation of Cyprus, its inhumane block- caucus is to educate more Members of breaking the now 22-year-old stalemate and ade of Armenia, its campaign of oppression Congress about the need to resolve the bringing peace to the region. against its own Kurdish population and its long-standing dispute on Cyprus. The history of this issue is well known to all general disregard of human rights. I am pleased to announce, and I of us. On July 20, 1974, 6,000 Turkish troops As these measures indicate, we are stead- think she has already done so, that the invaded Cyprus, stealing its independence fastly committed to once again seeing a free caucus already has over 40 Members. I after a campaign of pillaging, terror, and mur- an independent Cyprus. We will continue to know there are many others out there der. ensure Congress plays an active role in pres- who would like to join. I guess they Over the next 22 years, the Turkish Govern- suring Turkey to abide by all relevant U.N. need an invitation. We have sent out ment fortified its illegal occupation force, defi- resolutions and insist that any solution to the the ‘‘Dear Colleagues’’ and some of antly ignoring the calls from the international Cyprus problem must be based on the estab- these things sometimes fall in the communityÐincluding multiple U.N. resolu- lishment of a single sovereign state with a sin- cracks, but we have held meetings with tionsÐto allow the Cypriot people to live a gle citizenship. His Eminence, Greek Ambassador free and sovereign life. Today 1,619 people, Mr. Speaker, over the last 2 years the Unit- Tsilas, Greek Speaker Kaklamanis, and including 5 American citizens, remain missing ed States has used its influence to help further Hellenic President Stephanopoulos. as a result of the invasion, and the Turkish oc- the causes of peace and freedom in some of This important caucus gives Hellenic cupying force stands at some 35,000 troops. A the world's most intractable, bitter disputes, and Cypriot causes additional clout so barbed wire fence, moreover, divides the is- such as in the Middle East, Bosnia, and North- that, along with grassroots efforts, we land in two, prohibiting thousands of Greek ern Ireland. Let us hope that in the coming can better succeed in our constant ef- Cypriots the freedom to live on and travel to year our work will allow us to add Cyprus to fort to achieve justice for Cyprus. As some 37 percent of their own country. that list so that when we gather next, it will be co-chair, I look forward to working Mr. Speaker, during the 22 years the Turk- to celebrate the island's liberation instead of to with my colleagues to ensure that jus- ish Government has been fortifying its illegal mark yet another year of division. tice for Cyprus is achieved. occupation force and thumbing its nose at the Mr. VISCLOSKY. Mr. Speaker, I rise today We have a responsibility, Mr. Speak- international community, the United States has to mark the 22d anniversary of Turkey's inva- er, to use our influence to see Cyprus reviewed the Cyprus problem at least 150 sion, and subsequent occupation, of Cyprus. made whole again, to rescue the thou- times. And while we all hope, as we do each Having gained its independence from Great sands of Greek Cypriots who have be- time the United States intensifies its focus on Britain in 1960, Cyprus enjoyed a proud, albeit come refugees in the land of their the Cyprus issue, that the current delegation's short, period of political independence. On birth. Unbelievable, refugees in the effort will lead to a breakthrough, we must July 20, 1974, this independence was shat- land of their birth. convey to the Turks in no uncertain terms that tered when 6,000 Turkish troops and 40 tanks H8242 CONGRESSIONAL RECORD — HOUSE July 23, 1996 invaded the north coast of Cyprus and pro- Today, there are 35,000 Turkish troops on The reasoning behind Turkey's actions echo ceeded to occupy nearly 40 percent of the is- the island of Cyprus who occupy one-third of those used by the fathers of genocide in the land. the island. Since their invasion 20 years ago, past. The ensuing fighting killed thousands of those troops have patrolled the Green Line, a And the situation warrants the attention we Cypriots and forced hundreds of thousands barbed wire fence that cuts across Cyprus, have always provided our closest allies. from their homes. Today, there are 1,619 peo- separating thousands of Greek Cypriots from The famous philosophers of Greece pro- ple still missing, 5 of whom are United States the towns and communities in which their fam- vided our democratic nation with the ideas citizens. ilies have lived for generations. upon which it now stands, I hope we can re- Twenty-two years after the invasion, 35,000 Mr. Speaker, ending the military occupation turn the gift in restoring those ideals to where Turkish troops continue to occupy Cyprus in of Cyprus is among the greatest challenges they most belong. violation of international law. A barbed wire the international community faces today. But I join my colleagues in calling for peace and fence cuts across the island, separating fami- we must have the cooperation of Turkey to a prompt resolution of the current situation. lies from their property and splitting this once make progress and bring unity and freedom to Mrs. LOWEY. Mr. Speaker, I rise this beautiful country in half. Cypriots on the island. evening to pay tribute to a dubious anniver- Despite efforts by the United States and the For it was on July 20, 1974, that Turkish sary. As we sit here, after 22 years of Turkish United Nations to bring about an acceptable troops invaded the island of Cyprus and occupation of Cyprus, it is especially appro- resolution to this situation, Turkey continues to began a military occupation. Thousands of priate to recognize the struggle for the free- stonewall negotiations. It has continuously re- people were killed, more than 200,000 people dom of all Cypriots that has been waged for fused to either return or pay restitution for any were expelled from their homes, and today, more than two decades. It was over two decades ago that 6,000 of the land that is captured, and sporadic fight- more than 1,600 remain missingÐincluding 5 Turkish troops and 40 tanks landed on the ing on the island continues to this day. Americans. north coast of Cyprus, and more than 200,000 The occupation of Cyprus is one of the rea- The Turkish Government must know that Cypriots were driven from their homes and sons that I offered an amendment to the fiscal the division and occupation of Cyprus will con- forced to live under foreign occupation. Over year 1997 Foreign Operations appropriations tinue to be an obstacle to better relations with two decades ago, and still Turkey has more bill to cut $25 million in United States eco- the United States. than 35,000 troops on the island. Over two nomic aid to Turkey. This amendment, which Until Turkey begins to remove its troops decades ago, and we still don't know what be- the House overwhelmingly approved by a vote from Cyprus, we have no business sending came of the 1,614 Greek Cypriot and 5 Amer- of 301 to 118, sends a clear message to Tur- aid to Turkey. That is why I strongly supported ican citizens missing since the Turkish inva- key that its illegal and immoral occupation of the limitation on aid to Turkey in the foreign Cyprus will not be tolerated by this country. sion. operations appropriations bill passed last Mr. Speaker, I am proud to join with my col- That is why I'm pleased that we have this month. leagues in standing up against Turkish tyranny opportunity today. Today we remember what Mr. Speaker, there are encouraging devel- in Cyprus. I would especially like to extend my happened in Cyprus 22 years ago and we opments to report. Our Ambassador to the thanks to the gentleman from Florida, Mr. BILI- pledge to fight to end the occupation. We United Nations, Madeleine Albright, traveled RAKIS, for his tireless work to ensure that the must continue to fight against injustice in Cy- people of Cyprus are not forgotten. Twenty- last week to Greece, Turkey, and Cyprus to prus. We must continue to provide aid to Cy- two years is a long time to wait, but it is my begin talks aimed at demilitarizing and reunit- prus to help that country deal with the terrible sincerest hope that our actions will help per- ing the island. Joining her was President Clin- problems caused by more than two decades suade Turkey to end its unlawful occupation of ton's special envoy for Cyprus, Richard of Turkish occupation. And, above all, we Cyprus and return the island to its rightful Beattie. must continue to keep the plight of the Cyp- owners. Ambassador Albright secured a commitment riots on the minds of everyone around the Mr. KENNEDY of Massachusetts, Mr. from the parties to begin a dialog on reducing world. Speaker, July 20, 1996 marked the 22d year the military forces along the Green Line. Talks Mr. LEVIN. Mr. Speaker, I would like to of Turkey's illegal invasion and continued oc- between the military commanders of the Cyp- thank the distinguished gentlemen from Flor- cupation of the Island of Cyprus. On July 20, riot national guard and the Turkish forces oc- ida, Mr. BILIRAKIS, for organizing this special 1974, 6,000 Turkish troops attacked the is- cupying northern Cyprus would be the first order in commemoration of a very sad day in land, destroying nearly five centuries of peace- ever held. history. I refer to the anniversary of the 22- ful coexistence between Turkish and Greek We should all wish them well as this initia- year occupation of the island of Cyprus by Cypriots. tive by the United States may represent our Turkey. As a result, almost 40 percent of the island best opportunity to resolve this difficult and ag- In 1974, Turkey shocked the world and in- came under Turkish ruleÐeven though Turk- onizing problem. Let us hope and pray that vaded Cyprus. As a result of this invasion, ish Cypriots make up less than 20 percent of this anniversary will be the final time we join 200,000 Cypriots have been made refugees the total population of that island. And the together with Cyprus as an occupied island. and over 1,619 people, including 5 Americans, Turks employed deliberately cruel and harsh Mr. KENNEDY of Rhode Island. Mr. Speak- were missing without explanation until just re- measures to intimidate the Greek Cypriots. er, I would like first to thank my colleagues cently. In March, Turkish-Cypriot leader Rauf There are reports of extensive killings, rape of from Florida and New York for their continued Danktash admitted in a televised interview that women of all ages, torture, looting, and rob- diligence in recognizing the illegal invasion those missing since the invasion were slaugh- beries. and occupation of the Island of Cyprus. tered. Despite countless efforts by the Greek com- Their work in founding the Congressional After 22 years and numerous attempts to re- munities and the United Nations to settle this Caucus on Hellenci Issues and commitment to solve the matter by the United Nations, the dispute, a solution has not been found. Turkey initiating this special order provide an essential United States, and other countries, 37 percent is the only nation that recognizes the Turkish forum in speaking out against the atrocious of the island is still illegally occupied by claim to the islandÐyet the Greeks are still crimes Cyprus has endured under the hands 35,000 Turkish troops and over 80,000 trans- held victims of the Turkish invasion. The cur- of Turkey, while honoring our close relation- planted ``colonists'' from TurkeyÐalmost out- rent situation is one of gridlock. ship with the nation of Greece and commit- numbering the original Turkish Cypriots. This situation cannot be allowed to continue. ment to our constituents of Hellenic descent. During this time, the Turkish Cypriots have We must have peace on the Island of Cyprus. In beginning their struggle for freedom from engaged in an effort to cleanse the cultural And peace requires that foreign troops with- the Ottoman Empire in March 1821, the nation heritage of the occupied territory. The names draw from their occupation of Cyprus. of Greece embarked on a fragile struggle to of villages and towns have been given Turkish Cyprus has been a divided country since embody democratic ideals of their most fa- names and Greek churches have been looted, 1974Ð22 years too long. I urge all of my col- mous philosopher, Plato envisioned. desecrated, or converted to mosques or, in leagues to focus their attention on finding a The Turkish invasion of Cyprus over two some instances, stables. In addition, the two just and lasting solution for the Island of Cy- decades ago marks the return to an occupied portions of the country are divided by barbed prus. state, a situation unprecedented since the wire fence known as the ``Green Line.'' Mr. BONIOR. Mr. Speaker, we should all be 19th century and clearly unacceptable in the For years, negotiations to end the stalemate thankful for our distinguished colleagues, Mr. 20th. and resolve the issues between the two coun- BILIRAKIS and Mrs. MALONEY, cochairs of the We can no longer remain silent on this tries have been stonewalled by the Turkish- Hellenic Issues Caucus, for organizing this ob- issue. We must not ignore the injustice occur- Cypriot leadership who refuse to negotiate in servance of a sad and frustrating anniversary. ring in Cyprus. good faith. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8243 This fact has only been compounded by the lation, living within the Turkish occupied zone, Mr. Speaker, last year, when marking this steady escalation of aggression by Turkey live without many of the rights and privileges solemn anniversary, many of us felt hopeful against Greece and Cyprus over the past implicit within a democratic society, and will that this conflict would soon be resolved year. During this time, Turkey has initiated a continue to do so until Turkey's military pres- peacefully through the auspices of the United number of very serious provocations including ence is no more. Nations. Unfortunately, the northern portion of the January attempt to annex Imia, an island I commend Mr. BILIRAKIS in holding this very Cyprus is still illegally occupied by 35,000 in the Aegean which is internationally recog- important Special Order, and I ask my col- Turkish troops. leagues to join me in remembering the Turkish nized as Greek territory. In addition, overflights In December of 1993, in an effort to facili- invasion of Cyprus as well as continue to sup- of Greek territories by Turkish combat aircraft tate a peaceful resolution, President Clerides port efforts being made to end this wrongful has escalated from an average of 21 per year submitted to the United Nations a thoughtful occupation, so that we may one day com- from 1988±1992, to an incredibly provocative and innovative proposal calling for the demili- memorate the restoration of Cyprus to a 852 per year. tarization of Cyprus. In exchange for the with- On Cyprus last month, Turkish soldiers shot peaceful, harmonious and united nation. drawal of Turkish troops, Cyprus would dis- an unarmed Greek teenager and then pre- Mr. TORRICELLI. Mr. Speaker, I rise today band its national guard; transfer the national vented U.N. peacekeepers from rescuing the to draw this country's attention to Turkey's guard's military equipment to the United Na- boy by firing upon them. continued occupation of Cyprus. This gross tions peacekeeping force; and the money Finally, in a direct violation of agreements violation of human rights is now in its twenty- saved from defense spending for development between the United States and Turkey on the second year, and gives no indication of abat- projects that would benefit both communities. use of American made and leased equipment, ing in the near future. It is for this reason that Demilitarization would alleviate the security the Turkish Government has begun using I speak today, in an effort to heighten the concerns of all parties and substantially en- U.S.-made military equipment in their cam- international community's awareness of the hance the prospects for peaceful resolution of paign of intimidation. In January of this year, situation and bring some relief to the people of the problem. Once again the Turkish side re- Turkish Armed Forces landed nearly 100 Cyprus. jected Cyprus' efforts toward ending the tragic American-made tanks on occupied Cyprus. July 20, 1974 is a day that will forever be The United States cannot continue to let this embedded in the hearts of the Cyprus people. unacceptable status quo. egregious behavior to go on without a strong Since then, Cyprus has been divided nearly in I am proud to join my colleagues as a co- response. half as Turkish troops maintain control of al- sponsor of H. Con. Res. 42, which calls for I am pleased by the President's decision to most forty percent of the island. Families have the demilitarization of Cyprus. In addition, I am send special envoy, Richard Beattie to Cyprus been torn apart and loved ones separated a cosponsor of H.R. 2223, the Freedom of to help bring an end to the island's partition. from one another by the brutal line which Human Rights for the enclaved people of Cy- This the first attempt in nearly 5 years under- rends the country in two. prus Act. This legislation would establish and taken by the United States to mediate the dis- A list of some of the more blatant abuses implement efforts to eliminate restrictions on pute. It is my hope this endeavor will be more comes easily to mind. The occupying forces the enclaved people of Cyprus. I urge my col- fruitful than the last and finally bring an end to have evicted people from their homes and leagues to join me as a cosponsor of these this terrible incident. confiscated Cypriot property in order to give it very important pieces of legislation. In the meantime, the United States needs to to Turkish citizens. Citizens who disappeared The United States Government has always take a firm stand against these provocations during the occupation have yet to be ac- supported a just and lasting solution to the Cy- and urge the Turkish Government to cease its counted for. These and other offenses have prus problem. It is important for the Congress acts of aggression against its neighbor and to been directed against a population which has to continue to firmly support the people of Cy- agree to resolve the issue of Cyprus. If the sit- no recourse for justice except to gain the sym- prus by pressing Turkey to end its illegal occu- uation is not dissolved soon, we stand the pathetic ears of states like ours. pation and to work constructively for a resolu- very real chance of an even larger conflict in Rather than heed, or even acknowledge, the tion in accordance with the relevant U.N. Res- south central Europe and the possibility of it international community's requests to resolve olutions and agreements between the two rekindling the flames of war throughout the the situation in Cyprus, Turkey has chosen to sides. In addition, after the meeting with Presi- Balkans. flagrantly ignore calls for moderation. Suppres- dent Clerides of Cyprus on June 17 of this Mr. ACKERMAN. Mr. Speaker, I rise today sion of Cyprus' cultural heritage has become year, President Clinton promised to send his to commemorate the 22nd Anniversary of Tur- the order of the day as the Turkish govern- emissary, Richard Beattie to discuss issues in- key's illegal occupation of the island of Cyprus ment seeks to change the face of the Cypriot volved in a comprehensive settlement, with on July 20, 1974. The Turkish military invasion population. Villages and towns in the occupied special emphasis on security. I hope this resulted in an involuntary division of this once area of the island now bear Turkish names. planned discussion will bring closer a resolu- harmonious Mediterranean state. Greek resi- Churches that have not been looted or de- tion to the issue of Turkish occupation in Cy- dents in northern Cyprus have since suffered stroyed have been converted into mosques or prus. innumerable restrictions on freedom and stables. human rights at the hands of their Turkish in- Little respect has been shown by the Turk- A just and lasting solution to the problem vaders and more than 35,000 Turkish troops ish government toward the Cypriot community, will benefit both communities on Cyprus, sta- continue to occupy the northern portion. a situation that any concerned individual bilize the often tenuous relationship between The effects of this invasion has included the should find unconscionable. It is time for the Greece and Turkey, as well as constitute a deaths of more than 6,000 Greek-Cypriots, the international community to band together in significant step toward peace in the unstable displacement of over 200,000 refugees from condemnation of the Turkish Government's eastern Mediterranean region. towns and communities once occupied by policy. The people of Cyprus look to us to It is my hope that this will be the last year their ancestors, and the capture of thousands make it be known to Turkey that this behavior Members must join to discuss the longstand- more. Sadly, 1619 people, including five shall not pass unnoticed nor unsanctioned. ing problems of the people of Cyprus and that Americans, are still missing today. Mr. MANTON. Mr. Speaker, this Saturday, next year we may join to celebrate the end of The current situation in Cyprus is of great July 20, will mark the twenty-second anniver- this conflict. Until that happens, the Turkish importance to the United States and specifi- sary of Turkey's illegal invasion of Cyprus. I government must know we in the United cally the Greek-American community. Mem- rise today to join my colleagues and thank Mr. States will continue to recognize this anniver- bers of Congress have finally begun taking BILIRAKIS for organizing this important special sary by speaking out for the rights of the miss- steps to ensure that this illegal and inhumane order to commemorate this anniversary. ing. state of affairs is resolved peacefully. The The division of Cyprus has the distinction of Clinton Administration has also turned its at- being one of the most intractable in the world Mr. MARTINEZ. Mr. Speaker, I would first tention to Cyprus, demonstrating with Con- today. Since Turkey first invaded Cyprus in like to commend the distinguished gentleman gress a joint commitment to demilitarizing this 1974, 1,619 people, including five Americans, from Florida for organizing this special order divided island. last seen alive in the occupied areas of on Cyprus. MIKE BILIRAKIS has truly been a Today, we not only commemorate the anni- Cyprus have never been accounted for. We tireless champion for the peaceful resolution of versary of this invasion, but remind America must not let the passage of years weaken our the Cypriot problem. that the injustices created by Turkey's military resolve to pressure the Turkish government to Mr. Speaker, I join my colleagues tonight in aggression are as pervasive today as they provide answers for the families of the miss- observing the 22d anniversary of Turkey's ille- were 22 years ago. The enclaved Greek popu- ing. We cannot forget their suffering continues. gal invasion and continued occupation of the H8244 CONGRESSIONAL RECORD — HOUSE July 23, 1996 island of cyprus. On July 20, 1974, Turkey un- is in our power to achieve the restoration of a In my years in Congress, I have long sup- leashed its army on the Cypriot people. Tur- united Cyprus, free from foreign military con- ported an end to Turkey's violent occupation key's violent and bloody invasion of this Medi- trol of one-third of its territory. of Cyprus. In this Congress, I cosponsored a terranean island state has been rightfully con- For 22 years now, the people of the Repub- House resolution calling for an end to Turkey's demned by the United Nations and all peace lic of Cyprus have lived with a foreign army in occupation of Cyprus and for the demilitariza- loving nations of the world. their country in violation of all international tion of the island. I am pleased that this reso- This anniversary should weigh heavily on norms. lution was passed by the House last Septem- the conscience of all civilized people of the Two hundred thousand Greek Cypriots were ber. world who share in the belief that states must forced from their homes in the northern third There can be no peaceful democratic settle- eschew the destructive path of naked aggres- of the island by the invading army. The invad- ment of the Cyprus question as long as Turk- sion and abide by the rules of international ers engaged in massive violations of the ish troops continue their occupation. More- law. It is time for the world to tell Turkey that human rights of the Cypriot people, including over, the relationship between our NATO al- the status quo in Cyprus is unacceptable. murder, rape, and looting, according to the lies, Turkey and Greece, will not improve sig- Mr. Speaker, the status quo must be bro- European Human Rights Commission report in nificantly as long as the Cyprus dispute contin- ken. The paralysis in U.N. sponsored negotia- 1976. ues. Turkey must withdraw its troops from Cy- tions must be broken. And the intercommunal The world community is in agreement that prus. strife that has torn Cypriots apart must be set- the State of Cyprus must remain a single sov- My colleagues, as Representative BILIRAKIS tled peacefully. But none of these worthy ob- ereignty and international personality, with a has eloquently demonstrated, Turkey's occu- jectives can occur as long as Turkey contin- single citizenship, and with its independence pation of Cyprus represents over two decades ues to violate international law and flout U.N. and territorial integrity preserved. of unanswered questions, over two decades of resolutions condemning its oppressive occupa- The continued presence of 30,000 foreign division, over two decades of human rights tion of one-third of Cypriot territory. troops in Cyprus prevents the people of that It is indeed a sad testament to the intran- violations, and over two decades of cultural island from reaching a settlement of these po- destruction. sigence of Turkey's position that 22 years litical differences. after its invasion of northern Cyprus, it still The United States has not only a strategic These troops must be withdrawn as soon as interest in the eastern Mediterranean, but maintains over 30,000 troops on the island. possible. The Ankara government must come to the re- more importantly, we have a humanitarian in- Demilitarization of the Republic of Cyprus terest in seeking peace in Cyprus. I look for- alization that its troops in northern Cyprus would meet the security concerns of all parties stand as an obstacle to a just and permanent ward to continuing the dialog that we have involved and would enhance prospects for a shared tonight to ensure that peace in Cyprus resolution of the Cypriot problem. peaceful and lasting solution that would bene- President Glafcos Clerides deserves to be is one day a reality. fit all the people of Cyprus. Ms. FURSE. Mr. Speaker, I rise to address commended for his honesty, flexibility and This can only be achieved if the invading the need for a peaceful resolution of the situa- good faith efforts to broach the great divide army withdraws from Cyprus and returns to its that needlessly separates Greek Cypriots from tion in Cyprus. own territoryÐwhere it belongs. Turkish Cypriots. I would also like to commend The great tragedy of the foreign invasion of The 18 percent Turkish-Cypriot and over 80 the efforts of our special Presidential envoy for Cyprus is that the people of that island have percent Greek-Cypriot population of [Cyprus Cyprus, Richard Beattie, who has actively lived together for centuries, and can work out lived in harmony on Cyprus for centuries. been soliciting the good will and support of the their differences as fellow Cypriots. Twenty-two years ago this month, Turkish international community to bring to an end They did not need a foreign army and an troops invaded Cyprus and continue their oc- what has thus far proven to be one of the outside government to come into their country cupation of the northern portion of Cyprus most intractable problems in Europe. and seek to impose a foreign solution to their today. A barbed-wire fence cuts across the is- Mr. SCHUMER. Mr. Speaker, I would like to land separating thousands of Greek Cypriots applaud and express my gratitude to my fellow problems. A continuation of a divided Cyprus is not in from the towns and communities in which they colleagues for conducting this special order to and their families had previously lived for gen- acknowledge the 22d anniversary of the Turk- the interest of any of the Cypriots. Since the invasion and occupation of the erations. ish occupation of Cyprus. Last month, I was among the 91 Members This year the Members of the House meet northern third of the island in 1974, the people living in the free two-thirds have seen their of Congress signing letters to President Clin- again to remember this sad day and to de- ton expressing strong support for this adminis- nounce the atrocities taking place in Cyprus. economy soar and per capita incomes in- crease from $1,500 in 1973 to over $10,000 tration's efforts to promote a just and viable There are still 1,619 people missing as a re- solution to the long-standing Cyprus dispute. sult of the occupation. Five of these missing today. The free people of Cyprus are negotiat- A resolution calling for demilitarization in Cy- persons are American citizens. This is an out- ing with the European Union to join the Union prus had already been adopted by voice vote rage. as full and respected members of modern Eu- In the time since the Turks have taken over ropean society. in the House. Our letter to President Clinton Cyprus the situation there has steadily wors- Meanwhile, in the occupied territories, living stated that this solution must be based on the ened. The widespread violence and violations standards have stagnatedÐan inevitable con- principles adopted in United Nations Security of human rights can not be ignored. Action sequence of the lack of real freedom and jus- Council Resolution 939 and in our Cyprus De- must be taken to amend these horrible trav- tice. militarization Resolution. Both state that a so- esties. That all Cypriots will one day again live in lution must be based on a State of Cyprus For some time I have been interested in the freedom under a just and democratic govern- with a single sovereignty and international per- situation in Cyprus. I have supported legisla- ment, free from foreign military domination and sonality. It must comprise two politically equal tion which would require an investigation into control, is the goal that we must have. communities in bicommunal and bizonal fed- the whereabouts of the United States citizens Today, as we remember the events of 22d eration. and others missing from Cyprus. Another bill I years ago, I reiterate my firm support for that Meetings with high-level United States ad- have supported would prohibit all United goal. ministration officials have taken place in Tur- States military and economic assistance for Mr. FAZIO. Mr. Speaker, I am glad to have key, Greece, and Cyprus. In addition, Presi- Turkey until the Turkish Government takes re- the opportunity to participate in the special dent Clinton has met with the President of sponsibility for its actions in Cyprus and com- order on Cyprus and I commend the gen- Turkey and the President and Prime Minister plies with its obligations under international tleman from Florida [Mr. BILIRAKIS] for calling of Greece. I would also note the very impor- law. I have also cosponsored a concurrent this special order. tant work that has been done by my friend, resolution supporting a settlement of the dis- This month marks the 22 year of Turkey's il- Ambassador John McDonald and Louise Dia- pute regarding Cyprus. I hope there will soon legal invasion and occupation of the island of mond of the Institute for Multi-Track Diplomary be a resolution to the problems in Cyprus Cyprus. In an area that has seen the collapse in facilitating numerous contacts between Cyp- once and for all. of communism, the fall of the Berlin Wall, the riots on both sides of the dispute. Ms. ROS-LEHTINEN. Mr. Speaker, the is- dismantling of apartheid in South Africa, and I believe we are in the process of solving land of Cyprus was invaded by a foreign army even a tentative peace between Israel and its this long-standing problem, and I stress the on July 20, 1974. neighbors, the sovereign Republic of Cyprus need to do so nonviolently. I look forward to As we remember this sad anniversary, we continues to remain occupied by over 35,000 continuing to work with my colleagues on this must renew our determination to do whatever Turkish troops. very important issue. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8245 Mr. ZIMMER. Mr. Speaker, I thank my col- ment of the island's armed conflict. A peaceful Mr. LAFALCE. league, Mr. BILIRAKIS , for once again arrang- resolution of this conflict is long overdue. Mr. MINK of Hawaii. ing this special order on Cyprus. I join my col- f Mr. PALLONE. leagues in calling for a swift and peaceful end Mr. DEUTSCH. LEAVE OF ABSENCE to the illegal occupation of nearly 40 percent Mr. RAHALL. of Cyprus by Turkey. By unanimous consent, leave of ab- (The following Members (at the re- That occupation has persisted since Turkey sence was granted to: quest of Mr. PORTER) and to include ex- invaded Cyprus in July 1974. And, for 22 Mr. SAXTON (at the request of Mr. traneous matter:) years, Turkey has ignored or rejected every ARMEY) for today until 4 p.m., on ac- Mr. LEWIS of California. effort to end that occupation and to resolve count of family illness. Mr. TALENT. the agony it has created. Mrs. COLLINS of Illinois (at the re- Mr. ROTH. There are 1,614 Greek Cypriots who were quest of Mr. GEPHARDT) for today and Mr. BUYER. abducted by Turkish troops in that 1974 inva- the balance of the week, on account of Mr. GEKAS. sion and who remain missing today. I was ap- personal business. Mr. GALLEGLY. palled by comments made by Turkish Cypriot Mr. FIELDS of Louisiana (at the re- Mr. CLINGER. leader Rauf Danktash that these people must quest of Mr. GEPHARDT) for today from Mr. SOLOMON. be presumed dead, and that some were killed 1 p.m. until 2:30 p.m., on account of ill- Mr. GILMAN. by vengeful Turkish Cypriot irregulars who ness. (The following Members (at the re- were under command of none other than f quest of Mr. BILIRAKIS) and to include Danktash himself. extraneous matter:) SPECIAL ORDERS GRANTED Given these revelations, the United Nations Mr. CONDIT. ought to conduct an immediate and thorough By unanimous consent, permission to Mr. KIM. investigation to learn once and for all the fate address the House, following the legis- Mr. MORAN. of the persons reported as missing, including lative program and any special orders Mr. FILNER. five Americans. heretofore entered, was granted to: Mr. KLINK. Ms. PELOSI. Mr. Speaker, I rise today to (The following members (at the re- Mr. ENGLISH of Pennsylvania. join with my colleagues in marking the 22d quest of Mr. PORTER) to revise and ex- f year of Turkey's illegal invasion and partition tend their remarks and include extra- neous material:) of the Republic of Cyprus. I commend Mr. ENROLLED BILLS SIGNED BILIRAKIS for his diligence on this issue and Mr. CLINGER, for 5 minutes each day, thank him for calling this special order. on July 25 and 29. Mr. THOMAS, from the Committee This anniversary is not a happy occasion, Mr. EHLERS, for 5 minutes each day, on House Oversight, reported that that Mr. Speaker, but it is one which serves to re- today and on July 24 and 25. committee had examined and found mind us of the continuing strife that the people Mr. ENGLISH of Pennsylvania, for 5 truly enrolled bills of the House of the of Cyprus have faced day-in and day-out for minutes, today. following titles, which were thereupon over two decades. Mr. SHAYS, for 5 minutes each day, signed by the Speaker: In 1974, using United States military equip- today and on July 24. H.R. 497. An act, to create the National ment, Turkey invaded the Republic of Cyprus, Mr. LEACH, for 5 minutes, today. Gambling Impact and Policy Commission. killing 4,000 Greek Cypriots and capturing Mr. KINGSTON, for 5 minutes, today. H.R. 3161. An act to authorize the exten- sion of nondiscriminatory treatment (most- over 1,600 others, including 5 United States Mr. RIGGS, for 5 minutes, on July 24 favored-nation treatment) to the products of citizens. Though the Turkish Government has and 26. Romania. been condemned by this Congress and the (The following Member (at the re- H.R. 3107. An act to impose sanctions on international community time and time again, it quest of Mr. KLINK) to revise and ex- persons making certain investments directly has not halted its unjustified occupation. tend her remarks and include extra- and significantly contributing to the en- Today, Cyprus remains cruelly divided. A neous material:) hancement of the ability of Iran or Libya to barbed-wire fence known as the green line Ms. NORTON, for 5 minutes, today. develop its petroleum resources, and on per- cuts across the island separating thousands of f sons exporting certain items from enhance Greek Cypriots from the towns and commu- Libya’s weapons or aviation capabilities or EXTENSION OF REMARKS enhance Libya’s ability to develop its petro- nities in which they and their families had pre- leum resources, and for other purposes. viously lived for generations. By unanimous consent, permission to The human rights violations by the Turkish revise and extend remarks was granted f Government on the people of Cyprus also to: continue. The freedoms of religion and assem- (The following Members (at the re- ADJOURNMENT bly are frequently stifled, and intimidation by quest of Mr. KLINK) and to include ex- Mr. HORN. Mr. Speaker, I move that the military is ongoing and ever present. traneous matter:) the House do now adjourn. Mr. Speaker, it is appropriate today for us to Mr. SKELTON. The motion was agreed to; accord- reiterate our commitment to a resolution of the Mr. JACOBS. ingly (at 11 o’clock and 23 minutes Cypriot situation, and to commend Greek Cyp- Mr. CONDIT. p.m.) the House adjourned until riots for their dedication to a peaceful settle- Mr. KENNEDY of Massachusetts. Wednesday, July 24, 1996, at 10 a.m. h EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized by various committees, House of Representatives, during the 1st and 2d quarters of 1996 in connection with official foreign travel, pursuant to Public Law 95–384, are as fol- lows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON BANKING AND FINANCIAL SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1996

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

James McCormick ...... 2/6 2/8 Hong Kong ...... 0.00 ...... 0.00 2/8 2/10 Thailand ...... 434.00 ...... 434.00 2/10 2/12 Malaysia ...... 406.00 ...... 406.00 2/12 2/14 Indonesia ...... 450.00 ...... 450.00 2/14 2/16 Singapore ...... 506.00 ...... 506.00 2/16 2/18 Cambodia ...... 417.75 ...... 110.00 ...... 527.75 H8246 CONGRESSIONAL RECORD — HOUSE July 23, 1996 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON BANKING AND FINANCIAL SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 1996—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

2/6 2/18 ...... 00 ...... 4,850.95 ...... 4,850.95 Sean Peterson ...... 3/22 3/30 Argentina ...... 1,660.00 ...... 2,521.95 ...... 4,181.95 Committee total ...... 3,873.75 ...... 7,482.90 ...... 11,356.65 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JAMES A. LEACH, Chairman, July 11, 1996.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SCIENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 1996

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. F. James Sensenbrenner ...... 3/31 4/04 Japan ...... 1,695.00 ...... 4,264.95 ...... 5,959.95 Shana Dale ...... 3/31 4/04 Japan ...... 1,695.00 ...... 4,264.95 ...... 5,959.95 Harlan Watson ...... 5/26 6/02 Switzerland ...... 620.00 ...... 4,888.55 ...... 5,508.55 ...... Germany ...... 136.00 ...... 136.00 ...... England ...... 576.00 ...... 576.00 David D. Clement ...... 5/24 6/06 Italy ...... 1,420.00 ...... 3,556.25 ...... 926.17 ...... 5,092.42 ...... France ...... 1,216.00 ...... 1,216.00 ...... England ...... 864.00 ...... 864.00 Barry C. Beringer ...... 6/22 6/26 Germany ...... 950.00 ...... 725.25 ...... 1,675.25 Mason Wiggins ...... 6/23 6/29 Germany ...... 1,450.00 ...... 862.25 ...... 2,312.25 Committee total ...... 10,622.00 ...... 18,562.20 ...... 926.17 ...... 30,110.37 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ROBERT S. WALKER, Chairman, June 17, 1996.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 1996

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. E. Clay Shaw, Jr...... 4/7 4/9 Chile ...... 581.00 ...... (3) ...... 581.00 4/9 4/11 Argentina ...... 548.00 ...... (3) ...... 548.00 4/11 4/14 Brazil ...... 597.00 ...... (3) ...... 597.00 Hon. Nancy L. Johnson ...... 4/7 4/9 Chile ...... 581.00 ...... (3) ...... 581.00 4/9 4/11 Argentina ...... 548.00 ...... (3) ...... 548.00 4/11 4/14 Brazil ...... 597.00 ...... (3) ...... 597.00 Committee total ...... 3,452.00 ...... 3,452.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. h BILL ARCHER, Chairman, July 26, 1996.

EXECUTIVE COMMUNICATIONS, port on activities of the inspector general for 23, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to ETC. the period ended March 31, 1996, pursuant to the Committee on the Judiciary. 5 U.S.C. app. (Insp. Gen. Act) section 5(d); to 4288. A letter from the Chief, Regulations Under clause 2 of rule XXIV, execu- the Committee on Government Reform and Unit, Internal Revenue Service, transmitting tive communications were taken from Oversight. the Service’s final rule—Low-Income Hous- the Speaker’s table and referred as fol- 4285. A letter from the Deputy Associate ing Credit (Revenue Ruling RR–237026–95) re- lows: Administrator for Acquisition Policy, Gen- ceived July 22, 1996, pursuant to 5 U.S.C. 4281. A letter from the Secretary of De- eral Services Administration, transmitting 801(a)(1)(A); to the Committee on Ways and fense, transmitting a report on the United the Administration’s final rule—General Means. States-People’s Republic of China Joint De- Services Administration Acquisition Regula- 4289. A letter from the Chief, Regulations fense Conversion Commission [JDCC] for the tion; Implementation of FAC 90–39 and Mis- Unit, Internal Revenue Service, transmitting period August 10, 1995–February 9, 1996, pur- cellaneous Changes [APD 2800.12A, CHGE 72] the Service’s final rule—Determination of suant to Public Law 104–106, section 1343(a) (RIN: 3090–AF97) received July 23, 1996, pur- Issue Price in the Case of Certain Debt In- (110 Stat. 487); to the Committee on National suant to 5 U.S.C. 801(a)(1)(A); to the Commit- struments Issued for Property (Revenue Rul- Security. tee on Government Reform and Oversight. ing 96–37) received July 22, 1996, pursuant to 4282. A letter from the Director, Defense 4286. A letter from the Deputy Associate 5 U.S.C. 801(a)(1)(A); to the Committee on Security Assistance Agency, transmitting Administrator for Acquisition Policy, Gen- Ways and Means. notification concerning the Department of eral Services Administration, transmitting 4290. A letter from the Chief, Regulations the Air Force’s proposed Letter(s) of Offer the Administration’s final rule—Amendment Unit, Internal Revenue Service, transmitting and Acceptance [LOA] to Japan for defense of FIRMR Provisions Relating to GSA’s Role the Service’s final rule—Administrative, articles and services (Transmittal No. 96–59), In Screening Excess and Exchange/Sale Fed- Procedural, and Miscellaneous—Closing pursuant to 22 U.S.C. 2776(b); to the Commit- eral Information Processing (FIP) Equip- Agreements (Revenue Procedure 96–41) re- tee on International Relations. ment [FIRMR Amendment 8] (RIN: 3090– ceived July 22, 1996, pursuant to 5 U.S.C. 4283. A letter from the Assistant Secretary AF32) received July 22, 1996, pursuant to 5 801(a)(1)(A); to the Committee on Ways and for Legislative Affairs, Department of State, U.S.C. 801(a)(1)(A); to the Committee on Gov- Means. transmitting a copy of the report on the pro- ernment Reform and Oversight. 4291. A letter from the National Director, gram recommendations of the Riyadh Ac- 4287. A letter from the Director, Executive Tax Forms and Publications Division, Inter- countability Review Board (Riyadh Board), Office for Immigration Review, Department nal Revenue Service, transmitting the Serv- pursuant to 22 U.S.C. 4834(d)(1); to the Com- of Justice, transmitting the Department’s ice’s final rule—Tax Year 1996 Information mittee on International Relations. final rule—Motions and Appeals in Immigra- Returns for Submission to the Internal Reve- 4284. A letter from the Secretary of Trans- tion Proceedings [EOIR No. 102F; AG Order nue Service (Revenue Procedure 96–36) re- portation, transmitting, the semiannual re- No. 2020–96] (RIN: 1125–AA01) received July ceived July 22, 1996, pursuant to 5 U.S.C. July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8247 801(a)(1)(A); to the Committee on Ways and PUBLIC BILLS AND RESOLUTIONS By Mr. COOLEY: Means. H.R. 3875. A bill to redesignate the dam lo- 4292. A letter from the Labor Member, Under clause 5 of rule X and clause 4 cated at mile 153.6 on the Rogue River in Railroad Retirement Board, transmitting a of rule XXII, public bills and resolu- Jackson County, OR, and commonly known letter in writing, dated June 6, 1996, stating: tions were introduced and severally re- as the Lost Creek Dam Lake Project, as the ‘‘On March 19, 1996, the Chairman and Man- ferred as follows: ‘‘William L. Jess Dam and Intake Struc- agement Member of the Railroad Retirement By Mr. FRISA (for himself, Mr. BLILEY, ture’’; to the Committee on Transportation Board submitted for consideration by the Mr. DINGELL, Mr. BILIRAKIS, Mr. and Infrastructure. Congress a draft bill restricting the statute TOWNS, Mr. GREENWOOD, Mr. STUDDS, By Mr. CUNNINGHAM: of limitations that applies to the creditabil- and Ms. ESHOO): H.R. 3876. A bill to amend the Juvenile Jus- ity of compensation under the Railroad Re- H.R. 3867. A bill to amend the Developmen- tice and Delinquency Prevention Act of 1974 tirement Act, as Labor Member of the Rail- tal Disabilities Assistance and Bill of Rights to authorize appropriations for fiscal years road Retirement Board, on behalf of Rail Act to extend the act, and for other pur- 1997, 1998, 1999, 2000; and for other purposes; Labor, I must oppose that draft bill’’ (writ- poses; to the Committee on Commerce. to the Committee on Economic and Edu- ten dissent enclosed, dated April 25, 1996); By Mr. SCHAEFER: cational Opportunities. jointly, the Committees on Transportation H.R. 3868. A bill to extend certain programs By Mr. DICKEY (for himself, Mr. and Infrastructure and Ways and Means. under the Energy Policy and Conservation HUTCHINSON, Mrs. LINCOLN, and Mr. Act through September 30, 1996; to the Com- THORNTON): f mittee on Commerce. H.R. 3877. A bill to designate the U.S. post By Mr. HORN (for himself, Mrs. office building in Camden, AR, as the ‘‘Hon- REPORTS OF COMMITTEES ON MALONEY, Mr. BASS, Mr. CLINGER, Mr. orable David H. Pryor Post Office Building’’; PUBLIC BILLS AND RESOLUTIONS EHLERS, Mr. FLANAGAN, Mr. FOX, Mr. to the Committee on Government Reform SHAYS, Mr. STEARNS, and Mr. TATE): and Oversight. Under clause 2 of rule XIII, reports of By Mr. FRANKS of New Jersey (for committees were delivered to the Clerk H.R. 3869. A bill to amend the Federal Ad- visory Committee Act to direct the Director himself, Mr. MEEHAN, Mr. ZIMMER, for printing and reference to the proper of the Office of Management and Budget to Mr. MARTINI, Mr. FRELINGHUYSEN, calendar, as follows: conduct a negotiated rulemaking for the pur- Mr. SAXTON, Mr. FOLEY, Mr. KLUG, Mr. SPENCE; Committee on National Se- pose of establishing electronic data report- Mr. KENNEDY of Massachusetts, and curity. H.R. 3237. A bill to provide for im- ing standards for the electronic interchange Mr. BARRETT of Wisconsin): H.R. 3878. A bill to privatize the Federal proved management and operation of intel- of certain data that is required to be re- Power Marketing Administrations and cer- ligence activities of the Government by pro- ported under existing Federal law; to the tain facilities of the Tennessee Valley Au- viding for a more corporate approach to in- Committee on Government Reform and thority and, in the interim, to provide for a telligence, to reorganize the agencies of the Oversight, and in addition to the Committee transition to market-based rates for such Government engaged in intelligence activi- on the Judiciary, for a period to be subse- power, and for other purposes; to the Com- ties so as to provide an improved Intel- quently determined by the Speaker, in each mittee on Resources, and in addition to the ligence Community for the 21st century, and case for consideration of such provisions as Committees on Transportation and Infra- for other purposes; with an amendment fall within the jurisdiction of the committee structure, and Commerce, for a period to be (Rept. 104–620 Pt. 2). Referred to the Commit- concerned. subsequently determined by the Speaker, in tee of the Whole House on the State of the By Mr. GILMAN: each case for consideration of such provi- Union. H.R. 3870. A bill to authorize the Agency sions as fall within the jurisdiction of the Mr. ARCHER: Committee on Ways and for International Development to offer vol- committee concerned. Means. H.R. 2823. A bill to amend the Marine untary separation incentive payments to em- By Mr. GALLEGLY (for himself, Mr. Mammal Protection Act of 1972 to support ployees of that agency; to the Committee on YOUNG of Alaska, Mr. UNDERWOOD, the International Dolphin Conservation Pro- Government Reform and Oversight, and in gram in the eastern tropical Pacific Ocean, and Mr. FALEOMAVAEGA): addition to the Committee on International H.R. 3879. A bill to provide for representa- and for other purposes (Rept. 104–665 Pt. 2). Relations, for a period to be subsequently de- tion of the Northern Mariana Islands by a Referred to the Committee of the Whole termined by the Speaker, in each case for nonvoting Delegate in the House of Rep- House on the State of the Union. consideration of such provisions as fall with- resentatives; to the Committee on Re- Mr. BLILEY: Committee on Commerce. in the jurisdiction of the committee con- sources. H.R. 1627. A bill to amend the Federal Insec- cerned. By Mr. OBERSTAR: ticide, Fungicide, and Rodenticide Act and By Mr. TOWNS (for himself, Mr. H.R. 3880. A bill to provide for the estab- the Federal Food, Drug, and Cosmetic Act, GREENWOOD, and Mr. FRANKS of Con- lishment of the Voyageurs National Park and for other purposes; with an amendment necticut): Intergovernmental Council, to provide for (Rept. 104–669, Pt. 2). Referred to the Com- H.R. 3871. A bill to waive temporarily the improved access to and use of the Boundary mittee of the Whole House on the State of Medicaid enrollment composition rule for Waters Canoe Area Wilderness, and for other the Union. certain health maintenance organizations; to purposes; to the Committee on Resources. Mr. HYDE: Committee on the Judiciary. S. the Committee on Commerce. By Mr. STEARNS (for himself, Mr. 531. An act to authorize a circuit judge who By Mr. BASS (for himself, Mr. WOLF, Mr. MCHUGH, Mr. GIBBONS, Mr. has taken part in an in banc hearing of a CLINGER, and Mr. HORN): MONTGOMERY, and Mr. case to continue to particiate in that case H.R. 3872. A bill to amend the Inspector ROHRABACHER): after taking senior status, and for other pur- General Act of 1978 to establish an office of H.R. 3881. A bill to establish the Bipartisan poses (Rept. 104–697). Referred to the Com- inspector general in the Executive Office of Commission on the Future of Medicare to mittee of the Whole House on the State of the President; to the Committee on Govern- make findings and issue recommendations the Union. ment Reform and Oversight. on the future of the Medicare Program; to DISCHARGE OF COMMITTEE By Mr. BROWN of California (for him- the Committee on Commerce, and in addi- Pursuant to clause 5 of rule X the self, Mr. YATES, Mr. DELLUMS, Mr. tion to the Committee on Ways and Means, Committee on Government Reform and BEILENSON, Ms. ESHOO, Ms. ROYBAL- for a period to be subsequently determined ALLARD, Mr. ZIMMER, Mr. WILSON, Oversight discharged from further con- by the Speaker, in each case for consider- Mr. WAXMAN, Mr. BECERRA, Ms. ation of such provisions as fall within the ju- sideration. H.R. 3237 referred to the WOOLSEY, Mr. BERMAN, Ms. LOFGREN, risdiction of the committee concerned. Committee of the Whole House on the Mr. FILNER, Mr. CLAY, Mr. HINCHEY, By Mr. STEARNS: State of the Union. Ms. NORTON, Mr. OLVER, Ms. EDDIE H.R. 3882. A bill to require the Secretary of BERNICE JOHNSON of Texas, Mr. the Navy to transfer jurisdiction over a por- f FALEOMAVAEGA, and Ms. SLAUGHTER): tion of Cecil Field Naval Air Station, FL, to H.R. 3873. A bill to establish a National the Secretary of Veterans Affairs for use as REPORTS OF COMMITTEES ON PRI- Forest Preserve consisting of certain Federal a national cemetery and for development of VATE BILLS AND RESOLUTIONS lands in the Sequoia National Forest in the a long-term care or nursing home facility for Under clause 2 of rule XIII, reports of State of California to protect and preserve veterans; to the Committee on National Se- committees were delivered to the Clerk remaining Giant Sequoia ecosystems and to curity, and in addition to the Committee on provide increased recreational opportunities Veterans’ Affairs, for a period to be subse- for printing and reference to the proper in connection with such ecosystems; to the quently determined by the Speaker, in each calendar, as follows: Committee on Resources. case for consideration of such provisions as Mr. HYDE: Committee on the Judiciary. By Mr. CANADY: fall within the jurisdiction of the committee H.R. 1886. A bill for the relief of John Wesley H.R. 3874. A bill to reauthorize the U.S. concerned. Davis; with an amendment (Rept. 104–696). Commission on Civil Rights, and for other By Mr. TORRICELLI: Referred to the Committee of the Whole purposes; to the Committee on the Judici- H.R. 3883. A bill to grant the United States House. ary. a copyright to the flag of the United States H8248 CONGRESSIONAL RECORD — HOUSE July 23, 1996

and to impose criminal penalties for the de- H.R. 3398: Mr. DEFAZIO and Mr. CALVERT. H. Con. Res. 185: Mr. COX, Mr. HORN, and struction of a copyrighted flag; to the Com- H.R. 3410: Mr. WATTS of Oklahoma. Mr. CAMPBELL. mittee on the Judiciary. H.R. 3427: Mr. GREEN of Texas and Mr. H. Res. 359: Ms. FURSE. By Mr. HEFNER: SMITH of New Jersey. H. Res. 441: Mr. VISCLOSKY and Mr. REED. H.J. Res. 186. Joint resolution proposing an H.R. 3468: Mr. SENSENBRENNER. H. Res. 449: Mr. GORDON, Mr. JACOBS, Ms. amendment to the Constitution of the Unit- H.R. 3480: Mr. HOSTETTLER and Mr. BURTON EDDIE BERNICE JOHNSON of Texas, Ms. MOL- ed States restoring the right of Americans to of Indiana. INARI, Mr. MONTGOMERY, Mrs. SEASTRAND, pray in public institutions, including public H.R. 3504: Mr. CALVERT, Mr. DE LA GARZA, and Mr. SKELTON. school graduation ceremonies and athletic Mr. GREEN of Texas, and Mr. THORNBERRY. H. Res. 470: Mr. DUNCAN, Mrs. ROUKEMA, events; to the Committee on the Judiciary. H.R. 3508: Mr. DEAL of Georgia, Mr. STOCK- Mr. ENGLISH of Pennsylvania, Mr. MEEHAN, f MAN, and Mrs. MEYERS of Kansas. Mr. WELDON of Pennsylvania, Mrs. LOWEY, H.R. 3511: Mr. RANGEL, Mr. BERMAN, Mr. Mr. KENNEDY of Massachusetts, and Mr. ADDITIONAL SPONSORS WYNN, Mr. TORRICELLI, Mr. EVANS, Mr. FOX, BALDACCI. H. Res. 478: Mrs. MYRICK and Ms. DUNN of Under clause 4 of rule XXII, sponsors Mr. ANDREWS, Mr. FAZIO of California, and Ms. MILLENDER-MCDONALD. Washington. were added to public bills and resolu- H.R. 3521: Mr. DELLUMS and Mr. JEFFER- H. Res. 480: Ms. DUNN of Washington. tions as follows: SON. f H.R. 95: Mr. FOX. H.R. 3551: Mr. FRELINGHUYSEN. H.R. 96: Mr. FOX. H.R. 3571: Mrs. LOWEY. AMENDMENTS H.R. 98: Ms. PRYCE. H.R. 3590: Mr. FAZIO of California, Mr. Under clause 6 of rule XXIII, pro- H.R. 351: Mrs. CUBIN. WYNN, and Mr. FRANK of Massachusetts. posed amendments were submitted as H.R. 3601: Mr. MONTGOMERY and Mr. DOO- H.R. 491: Mr. FRANKS of New Jersey and follows: Mr. YOUNG of Alaska. LITTLE. H.R. 513: Mr. STEARNS. H.R. 3606: Mr. FROST. [Omitted from the Record of July 22, 1996] H.R. 777: Mr. GREEN of Texas, Mr. CALVERT, H.R. 3646: Ms. ROYBAL-ALLARD, Mr. H.R. 3816 Mr. DE LA GARZA, and Mrs. MEYERS of Kan- STUPAK, Mr. FOX, and Miss COLLINS of Michi- OFFERED BY: MR. TRAFICANT gan. sas. AMENDMENT NO. 11: Page 34, after line 24, H.R. 778: Mr. GREEN of Texas, Mr. CALVERT, H.R. 3647: Mr. CALVERT and Ms. LOFGREN. insert the following: H.R. 3648: Mr. OWENS. Mr. DE LA GARZA, and Mrs. MEYERS of Kan- (c) PROHIBITION OF CONTRACTS WITH PER- H.R. 3700: Mrs. MEYERS of Kansas, Mr. sas.. SONS FALSELY LABELING PRODUCTS AS MADE CAMPBELL, and Mr. FIELDS of Texas. H.R. 790: Mr. CRAMER. IN AMERICA.—If it has been finally deter- H.R. 3710: Miss. COLLINS of Michigan, Mr. H.R. 791: Mr. STEARNS. mined by a court or Federal agency that any WOLF, Mr. SKELTON, Mr. BARRETT of Wiscon- H.R. 953: Mr. SPRATT and Mr. TORRICELLI. person intentionally affixed a label bearing a sin, Mr. KLECZKA, Mr. FILNER, and Mr. SABO. H.R. 1000: Mr. MARTINEZ. ‘‘Made in America’’ inscription, or any in- H.R. 3714: Mr. WYNN, Mr. FORD, Mr. ORTON, H.R. 1003: Mrs. SEASTRAND. scription with the same meaning, to any and Mr. CAMP. H.R. 1010: Mr. TORRES. product sold in or shipped to the United H.R. 3715: Mr. LIPINSKI and Mr. H.R. 1161: Mr. WICKER, Mr. STENHOLM, and States that is not made in the United States, CUNNINGHAM. Mr. WYNN. the person shall be ineligible to receive any H.R. 3724: Mr. PACKARD. H.R. 1222: Mr. STEARNS. contract or subcontract made with funds H.R. 3733: Mr. DEFAZIO, Mr. STUPAK, Mr. H.R. 1291: Mr. STEARNS. made available in this Act, pursuant to the JEFFERSON, Mr. PASTOR, Mr. FOX, and Mr. H.R. 1627: Mr. DINGELL and Mr. WAXMAN. debarment, suspension, and ineligibility pro- H.R. 1749: Mr. STEARNS. SPRATT. cedures described in sections 9.400 through H.R. 1791: Mr. NETHERCUTT. H.R. 3744: Mr. STARK, Mr. HILLIARD, Ms. 9.409 of title 48, Code of Federal Regulations. H.R. 2009: Mrs. MEEK of Florida, Mr. SLAUGHTER, Mr. MCNULTY, Mrs. MORELLA, HINCHEY, Mr. ACKERMAN, Mr. YATES, Ms. Mr. NETHERCUTT, and Ms. ROYBAL-ALLARD. [Submitted July 23, 1996] LOFGREN, and Mr. FRAZER. H.R. 3748: Mr. LEWIS of Georgia. H.R. 2391 H.R. 2011: Mr. ORTON and Mr. GREEN of H.R. 3750: Mr. LAHOOD and Mr. JOHNSON of OFFERED BY: MR. GRAHAM South Dakota. Texas. AMENDMENT NO. 1: Page 8, insert after line H.R. 3752: Mr. STUMP, Mr. SOLOMON, Mr. H.R. 2270: Ms. GREENE of Utah. 15 the following: H.R. 2489: Mrs. MEYERS of Kansas. TAYLOR of North Carolina, Ms. DUNN of SEC. 4. OVERTIME EXEMPTION FOR FEDERAL Washington, and Mr. HUTCHINSON. H.R. 2508: Mr. EDWARDS and Mr. NUSSLE. GOVERNMENT CONTRACTOR AND H.R. 2578: Mr. YOUNG of Alaska. H.R. 3783: Mr. HOSTETTLER, Mr. ALLARD, SUBCONTRACTOR EMPLOYEES. Mr. CALVERT, Mrs. CHENOWETH, Mr. H.R. 2579: Mr. BLUMENAUER. (a) AMENDMENT.—Section 13(b) of the Fair H.R. 2789: Mr. HOUGHTON, Mr. BEREUTER, GILCHREST, Mr. ROSE, Mr. BARTLETT of Mary- Labor Standards Act of 1938 (29 U.S.C. 213(b)) and Mr. ACKERMAN. land, Mr. HEINEMAN, Mr. GUTKNECHT, Mr. is amended by striking the period at the end H.R. 2875: Mr. THOMPSON. MCHUGH, Mr. LUCAS, Mr. BREWSTER, Mr. of paragraph (30) and inserting ‘‘; or’’ and by H.R. 3000: Mr. HASTERT. BAKER of California, Mr. LATHAM, Mr. JONES, adding after paragraph (30) the following: H.R. 3077: Mr. DURBIN, Mr. LAZIO of New Mrs. CUBIN, Mr. WATTS of Oklahoma, Mr. ‘‘(31) any employee of a contractor or sub- York, and Mrs. MORELLA. RIGGS, Mr. MICA, Mr. SAXTON, Mr. LEWIS of contractor of a department, agency, instru- H.R. 3111: Mr. JOHNSTON of Florida and Ms. California, Mr. LEACH, Mr. KINGSTON, Mr. mentality, or establishment of the Federal FURSE. DURBIN, Mr. COMBEST, Mr. COLLINS of Geor- Government while the employee is employed H.R. 3182: Mr. OBEY. gia, Mr. CHRYSLER, Mr. BARCIA of Michigan, on a contract with the Federal Government H.R. 3199: Mrs. LINCOLN, Mr. ORTON, and Mr. PETERSON of Minnesota, and Mr. and is employed in a professional capacity Mr. BUNNING of Kentucky. FUNDERBURK. under regulations of the Secretary.’’. H.R. 3201: Mr. BONO, Mrs. ROUKEMA, Ms. H.R. 3796: Mr. OWENS, Mr. LIPINSKI, Mr. (b) EFFECTIVE DATE.—The amendments GREENE of Utah, Mr. LAUGHLIN, Mr. NEAL of CLYBURN, Mr. WYNN, and Miss COLLINS of made by subsection (a) shall take effect on Massachusetts, Mr. EHRLICH, Mr. NEY, and Michigan. the date of the enactment of this Act and Mr. ORTON. H.R. 3798: Mr. ENSIGN and Mr. PARKER. shall apply to any cause of action relating to H.R. 3211: Mr. MCKEON and Mr. MILLER of H.R. 3807: Mr. ACKERMAN, Ms. MCKINNEY, overtime compensation for the employees re- Florida. Mr. FORD, and Mr. FROST. ferred to in section 13(b)(31) of the Fair H.R. 3252: Mr. TORRES and Mr. HINCHEY. H.R. 3843: Mr. SERRANO, Mr. OWENS, Ms. Labor Standards Act of 1938 which arose be- H.R. 3338: Mr. MYERS of Indiana, Mr. JA- MCKINNEY, Ms. DELAURO, and Ms. NORTON. fore, on, or after the date of the enactment COBS, Mr. EHLERS, Ms. ROYBAL-ALLARD, Mr. H.R. 3846: Mr. HAMILTON, Mr. GEJDENSON, of this Act. ALLARD, Mr. INGLIS of South Carolina, Mrs. Mr. HOUGHTON, Mrs. MEEK of Florida, Mr. H.R. 3814 ROUKEMA, Mr. HOEKSTRA, Mr. CAMP, and Mr. ORTON, Mr. MCDERMOTT, Mr. COYNE, Mr. BOEHNER. ACKERMAN, Mr. SPENCE, Mr. FRAZER, Mrs. OFFERED BY: MR. COLLINS OF GEORGIA H.R. 3357: Ms. MCKINNEY, Mr. LIPINSKI, Ms. SCHROEDER, Mr. HASTINGS of Florida, Mr. AMENDMENT NO. 42: Page 116, after line 2, WOOLSEY, and Mrs. MEEK of Florida. CALVERT, and Mr. CHABOT. insert the following: H.R. 3358: Ms. MCKINNEY, Mr. LIPINSKI, Ms. H.R. 3849: Mr. GUNDERSON, Mr. HUTCHINSON, SEC. 615. None of the funds made available WOOLSEY, and Mrs. MEEK of Florida. Mr. SPRATT, and Mr. BARTON of Texas. by this Act may be obligated or expended to H.R. 3359: Ms. MCKINNEY, Mr. LIPINSKI, Ms. H.R. 3857: Ms. NORTON, Ms. KAPTUR, Mr. administer Federal Prison Industries except WOOLSEY, and Mrs. MEEK of Florida. FOX, and Mr. FAZIO of California. when it is made known to the Federal offi- H.R. 3360: Ms. MCKINNEY, Mr. LIPINSKI, Ms. H.J. Res. 70: Mr. BROWN of California and cial having authority to obligate or expend WOOLSEY, and Mrs. MEEK of Florida. Mr. ACKERMAN. such funds that Federal Prison Industries— H.R. 3361: Ms. MCKINNEY, Mr. LIPINSKI, Ms. H. Con. Res. 51: Mr. CALVERT, Mr. CHRYS- (1) considers 20 percent of the Federal mar- WOOLSEY, and Mrs. MEEK of Florida. LER, and Mr. BOEHNER. ket for a new product produced by Federal H.R. 3391: Mr. TAYLOR of North Carolina, H. Con. Res. 83: Mr. MARTINEZ, Mr. PAYNE Prison Industries after the date of the enact- Mr. LIVINGSTON, Mr. LUCAS, and Mr. SPRATT. of New Jersey, and Mr. SAWYER. ment of this Act as being a reasonable share July 23, 1996 CONGRESSIONAL RECORD — HOUSE H8249 of total purchases of such product by Federal SEC. . None of the funds appropriated in SEC. . None of the funds made available departments and agencies; and this Act may be used in any way for a munic- to the Tennessee Valley Authority by this (2) uses, when describing in any report or ipal or county jail, State or Federal prison, Act may be appropriated when it is made study a specific product produced by Federal or other similar facility for the confinement known to the Federal official having author- Prison Industries— of individuals in connection with crime or ity to obligate or expend such funds that the (A) the 7-digit classification for the prod- criminal proceedings, when it is made known Tennessee Valley Authority is imposing a uct in the Standard Industrial Classification to the Federal official having authority to performance deposit on persons constructing (SIC) Code published by the Office of Man- obligate or expend such funds that the au- docks or making other residential shoreline agement and Budget (or if there is no 7-digit thorities of such jail, prison, or other facility alterations. code classification for a product, the 5-digit have not reported to the Attorney General H.R. 3816 code classification); and each death of any individual who dies in cus- (B) the 13-digit National Stock Number as- tody in that jail, prison, or facility. OFFERED BY: MR. MARKEY signed to such product under the Federal H.R. 3814 AMENDMENT NO. 15: Page 17, line 21, insert Stock Classification System (including OFFERED BY: MR. SCOTT ‘‘(reduced by $5,000,000)’’ after group, part number, and section), as deter- AMENDMENT NO. 45: Page 26, line 20, after ‘‘$2,648,000,000’’. mined by the General Services Administra- the dollar amount, insert ‘‘(reduced by tion. $497,500,000)’’. H.R. 3816 Page 28, line 6, after the dollar amount, in- OFFERED BY: MR. MARKEY H.R. 3814 sert the following: ‘‘(reduced by $497,500,000)’’. AMENDMENT NO. 16: Page 22, line 22, insert OFFERED BY: MR. DEUTSCH Page 31, line 25, after the dollar amount, ‘‘(reduced by $15,000,000)’’ after AMENDMENT NO. 43: At the end of the bill, insert the following: ‘‘(increased by ‘‘$5,409,310,000’’. insert after the last section (preceding the $497,500,000)’’. H.R. 3816 short title) the following new section: Page 32, line 13, after the dollar amount, SEC. . Of the funds appropriated in this insert the following: ‘‘(increased by OFFERED BY: MR. PETRI $497,500,000)’’. Act under the heading ‘‘OFFICE OF JUS- AMENDMENT NO. 17: Page 12, line 23, after TICE PROGRAMS—state and local law en- H.R. 3816 the dollar amount, insert ‘‘(reduced by forcement assistance’’, not more than ninety OFFERED BY: MR. BARTON OF TEXAS $10,000,000)’’. percent of the amount to be awarded to an AMENDMENT NO. 12: Page 20, line 18, insert Page 12, line 24, after the dollar amount, entity under part Q of title I of the Omnibus ‘‘(reduced by $1,000,000)’’ after ‘‘$195,000,000’’. insert ‘‘(reduced by $9,500,000)’’. Crime Control and Safe Streets Act of 1968 Page 21, line 21, insert ‘‘(increased by shall be made available to such an entity $1,000,000)’’ after ‘‘$24,000,000’’. H.R. 3816 when it is made known to the Federal offi- H.R. 3816 OFFERED BY: MR. ROEMER cial having authority to obligate or expend OFFERED BY: MR. BEREUTER such funds that the entity that employs a AMENDMENT NO. 18: Page 17, line 21, insert public safety officer (as such term is defined AMENDMENT NO. 13: At the end of the bill, ‘‘(reduced by $10,000,000)’’ after in section 1204 of title I of the Omnibus insert after the last section (preceding the ‘‘$2,648,000,000’’. short title) the following new section: Crime Control and Safe Streets Act of 1968) H.R. 3816 does not provide such a public safety officer SEC. 506. None of the funds made available in this Act may be used to revise the Mis- who retires or is separated from service due OFFERED BY: MR. ROEMER souri River Master Water Control Manual to injury suffered as the direct and proxi- when it is made known to the Federal entity AMENDMENT NO. 19: Page 17, line 21, insert mate result of a personal injury sustained in or official to which the funds are made avail- ‘‘(reduced by $9,600,000)’’ after the line of duty while responding to an emer- able that such revision provides for an in- ‘‘$2,648,000,000’’. gency situation or a hot pursuit (as such crease in the springtime water release pro- H.R. 3816 terms are defined by State law) with the gram during the spring heavy rainfall and same or better level of health insurance ben- snow melt period in States that have rivers OFFERED BY: MR. ZIMMER efits that are paid by the entity at the time draining into the Missouri River below the AMENDMENT NO. 20: Page 17, line 21, after of retirement or separation. Gavins Point Dam. the dollar amount, insert the following: ‘‘(in- H.R. 3814 H.R. 3816 creased by $3,420,000)’’. OFFERED BY: MR. HUTCHINSON OFFERED BY: MR. HILLEARY Page 20, line 18, after the dollar amount, AMENDMENT NO. 44: Page 116, after line 2, AMENDMENT NO. 94: At the appropriate insert the following: ‘‘(reduced by insert the following: place in the bill, insert the following: $3,420,000)’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, JULY 23, 1996 No. 109 Senate

The Senate met at 9:30 a.m., and was A bill (S. 1956) to provide for reconciliation to exclude from gross income employee and called to order by the President pro pursuant to section 202(a) of the concurrent military adoption assistance benefits and tempore [Mr. THURMOND]. resolution on the budget for fiscal year 1997. withdrawals from IRA’s for certain adoption The Senate resumed consideration of expenses. PRAYER the bill. Ford amendment No. 4940, to allow States the option to provide non-cash assistance to The Chaplain, Dr. Lloyd John Pending: children after the 5-year time limit, as pro- Faircloth amendment No. 4905, to prohibit Ogilvie, offered the following prayer: vided in conference report number 104–430 to recruitment activities in SSI outreach pro- The Lord is gracious and full of com- H.R. 4, (Family Self-Sufficiency Act). grams, demonstration projects, and other ad- passion, slow to anger and great in mercy. Ashcroft amendment No. 4941, to set a time ministrative activities. The Lord is good to all, and His tender limit of 24 consecutive months for TANF as- Harkin amendment No. 4916, to strike sec- sistance and allows States to sanction recipi- mercies are over all His works.—Psalm tion 1253, relating to child nutrition require- ents if minors do not attend school. 145:8–9. ments. Gracious God, who gives us so much D’Amato amendment No. 4927, to require Ashcroft amendment No. 4942 (to amend- more than we deserve in blessings and welfare recipients to participate in gainful ment No. 4941), to provide that a family may withholds what we deserve for our lack community service. not receive TANF assistance for more than of faithfulness and obedience, we praise Exon (for Simon) amendment No. 4928, to 24 consecutive months at a time unless an increase the number of adults and to extend adult in the family is working or a State ex- You for Your loving kindness and empts an adult in the family from working mercy. With a fresh realization of Your the period of time in which educational training activities may be counted as work. for reasons of hardship. unqualified grace to us, we recognize Feinstein/Boxer amendment No. 4929, to Ashcroft amendment No. 4943 (to amend- our need to be to the people of our lives provide that the ban on supplemental secu- ment No. 4941), to provide that a State may what You have been to us and to give rity income benefits apply to those aliens en- sanction a family’s TANF assistance if the mercy as we have received it so gener- tering the country on or after the enactment family includes an adult who fails to ensure ously from You. We think of people of this bill. that their minor dependent children attend who need our forgiveness, another Chafee amendment No. 4931, to maintain school. Ashcroft amendment No. 4944 (to amend- chance, encouragement, and affirma- current eligibility standards for Medicaid and provide additional State flexibility. ment No. 4941), to provide that a State may tion. Often we punish people with our Roth amendment No. 4932 (to amendment sanction a family’s TANF assistance if the purgatorial pouts, leaving them to No. 4931), to maintain the eligibility for Med- family includes an adult who does not have, wonder about what they can do to re- icaid for any individual who is receiving or is not working toward attaining a second- gain our approval. Dear Father, help us Medicaid based on their receipt of AFDC, ary school diploma or its recognized equiva- to be agents of reconciliation and re- foster care or adoption assistance, and to lent. newal. May grace overcome our provide transitional Medicaid for families Dorgan amendment No. 4948, to strike pro- grudges and joy diffuse our judgments. moving from welfare to work. visions relating to the Indian child care set Chafee amendment No. 4933 (to amendment aside. May this be a day of new beginnings in No. 4931), to maintain current eligibility Ford (for Murray) amendment No. 4950, to which we are initiative in reaching out standards for Medicaid and provide addi- strike section 1206, relating to the summer to one another in genuine friendship. tional State flexibility. food service program for children. We ask Your blessing and power upon Conrad amendment No. 4934, to eliminate Graham amendment No. 4952, to strike ad- this Senate, particularly today with the State food assistance block grant. ditional penalties for consecutive failure to the multiplicity of votes ahead. Guide Santorum (for Gramm) amendment No. satisfy minimum participation rates. and direct, O great God. In the name of 4935, to deny welfare benefits to individuals Exon (for Kennedy) amendment No. 4955, to convicted of illegal drug possession, use or permit assistance to be provided to needy or Jesus who taught us how to love You distribution. disabled legal immigrant children when and to love one another. Amen. Graham amendment No. 4936, to modify sponsors cannot provide reimbursement. f the formula for determining a State family Exon (for Kennedy) amendment No. 4956, to assistance grant to include the number of allow a 2-year implementation period under PERSONAL RESPONSIBILITY, children in poverty residing in a State. the Medicaid program for implementation of WORK OPPORTUNITY, AND MED- Helms amendment No. 4930, to strengthen the attribution of sponsor’s income and the ICAID RESTRUCTURING ACT OF food stamp work requirements. 5-year ban. 1996 Graham (for Simon) amendment No. 4938, Mr. EXON. Mr. President, I hope that to preserve eligibility of immigrants for pro- The PRESIDING OFFICER (Mr. grams of student assistance under the Public the Chair at this time will advise the DEWINE). The clerk will report the bill. Health Service Act. Senate of the procedures agreed to. As The assistant legislative clerk read Shelby amendment No. 4939, to provide a I understand the procedures, we will as follows: refundable credit for adoption expenses and have a series of 24 or more rollcall

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

S8493 S8494 CONGRESSIONAL RECORD — SENATE July 23, 1996 votes. The first rollcall will be 15 min- [Rollcall Vote No. 212 Leg.] AMENDMENT NO. 4916 utes and then 10 minutes on all there- YEAS—41 Mr. HARKIN. Mr. President, this after, is that correct? Abraham Frist McConnell amendment would simply continue a The PRESIDING OFFICER. The Sen- Ashcroft Gorton Murkowski small program that provides assistance Brown Gramm Nickles ator has stated that correctly. Burns Grams Pressler to help start and expand school break- The able Senator from South Caro- Byrd Grassley Roth fast and summer food programs for lina is recognized for 1 minute. Coats Gregg Santorum low-income kids. This is directly relat- Cochran Helms Shelby ed to education. When these kids come MOTION TO WAIVE THE BUDGET ACT— Coverdell Hutchison Simpson Craig Inhofe Smith in to school, they can have breakfast in AMENDMENT NO. 4905 D’Amato Kempthorne Thomas the morning; they can receive meals in Mr. FAIRCLOTH. Mr. President, this DeWine Kyl Thompson the summer when school is out—but amendment’s purpose is to send a sim- Domenici Lott Thurmond Faircloth Mack Warner only if there is a school breakfast or ple, clear message, which is that the Frahm McCain summer food program locally. That is taxpayers’ money should not be spent NAYS—57 why the start-up and expansion grants to increase the number of people on are so important. welfare. Akaka Feingold Lieberman Baucus Feinstein Lugar Also, I want to say that this amend- Six years ago, Congress instructed Bennett Ford Mikulski ment does not prevent the nutrition the Social Security Administration to Biden Glenn Moseley-Braun portion of this bill from meeting the 6- Bingaman Graham Moynihan increase participation in the SSI Pro- Bond Harkin Murray year budget instruction. The Ag Com- gram. Since then, the cost has soared Boxer Hatch Nunn mittee’s portion of the bill reduces and the number of enrollees has more Bradley Hatfield Pell spending by $570 million more than its than tripled. Now it is time to send a Breaux Heflin Pryor instruction. This program will spend Bryan Hollings Reid message that this effort should stop. Bumpers Jeffords Robb only $39 million for grants over 6 years, Nothing is more indicative of an out- Campbell Johnston Rockefeller but it is a vitally important program. of-control welfare system than this Chafee Kennedy Sarbanes This amendment is supported by the Cohen Kerrey Simon practice of using taxpayers’ dollars to Conrad Kerry Snowe American School Food Service Asso- increase the number of people on wel- Daschle Kohl Specter ciation, the Food Research and Action fare. Dodd Lautenberg Stevens Center, and the Children’s Defense Dorgan Leahy Wellstone I urge my colleagues to vote to waive Exon Levin Wyden Fund. I ask you not to cut a program the point of order and pass this amend- that gets kids into school and gets NOT VOTING—2 ment. them learning. It is directly related to Inouye Kassebaum I yield the floor. education, and we do not have to cut The PRESIDING OFFICER. On this other programs to continue this one Mr. EXON addressed the Chair. vote the yeas are 41, the nays are 57. because the Ag Committee has more The PRESIDING OFFICER. The Sen- Three-fifths of the Senators duly cho- than enough money to pay for it. ator from Nebraska. sen and sworn not having voted in the The PRESIDING OFFICER. The Sen- Mr. EXON. Mr. President, we oppose affirmative, the motion is not agreed ator’s time has expired. the amendment offered by the Senator to and the amendment falls. The Senator from Indiana. from North Carolina. What this amend- The Senator from Iowa. Mr. LUGAR. I rise in opposition to ment simply does is to say that people Mr. WELLSTONE. Mr. President, this amendment. It has been almost who are on SSI, or who might qualify will the Senator yield for 5 seconds? universally opposed, first of all. The under SSI, under the law, do not have Mr. DOMENICI addressed the Chair. The PRESIDING OFFICER. The Sen- issue the Senator from Iowa wishes to the right to be informed about their strike appears in President Clinton’s options. ator from New Mexico. Mr. DOMENICI. Will the Senator most recent welfare reform proposal. Certainly, we do not encourage solic- yield for just 30 seconds? Likewise, the reform which we try to iting people to join the SSI Program. Mr. HARKIN. Yes. bring about in this bill was in the mi- But the Faircloth amendment goes fur- Mr. DOMENICI. How much time did nority leader’s reconciliation bill. The ther than that, in our opinion. There- we use on the first amendment? reason is that four out of every five fore, we think the basic right of infor- The PRESIDING OFFICER. One low-income children attend school with mation, the people’s right to know, a minute over. a breakfast program. The program has legitimate service to answer proper in- Mr. DOMENICI. According to the expanded very rapidly. It is not clear quiries should be kept in place. We unanimous-consent agreement, we are that expansion funds would have a think that the amendment offered by on 10 minutes now for the amendments, marginal effect. The amendment that the Senator from South Carolina goes and let me just name the next four, so we are considering reduces savings by far beyond what his supposed intent is. Senators involved will know kind of $112 million. This means, if Senator Therefore, we have raised a point of where they are. Senator HARKIN is next HARKIN’s amendment is adopted, we order and we hope the point of order on child nutrition, Senator D’AMATO on will have to find the savings probably will be sustained. work requirements, Senator SIMON on in some other nutrition programs. I The PRESIDING OFFICER. The education work exemptions, and then find that unacceptable. question is on agreeing to the motion Senator FEINSTEIN on immigration. Mr. President, I move to table the to waive. I thank you for yielding. I thank the amendment and ask for the yeas and Chair. nays. The yeas and nays have been ordered. Mr. WELLSTONE. Mr. President, The clerk will call the roll. The PRESIDING OFFICER (Mr. will the Senator yield for a 10-second COATS). Is there a sufficient second? The assistant legislative clerk called unanimous-consent request? There is a sufficient second on the mo- the roll. The PRESIDING OFFICER. The Sen- tion to table. ator from Minnesota. Mr. NICKLES. I announce that the The yeas and nays were ordered. Senator from Kansas [Mrs. KASSEBAUM] Mr. WELLSTONE. I ask unanimous consent that Laureen Lazarovici, a fel- The PRESIDING OFFICER. The is absent due to a death in the family. question is on agreeing to the motion. Mr. FORD. I announce that the Sen- low in my office, have the privilege of the floor during consideration of this The yeas and nays have been ordered. ator from Hawaii [Mr. INOUYE] is nec- The clerk will call the roll. essarily absent. vote. The PRESIDING OFFICER. Without The bill clerk called the roll. The PRESIDING OFFICER. Are there objection, it is so ordered. Mr. NICKLES. I announce that the any other Senators in the Chamber de- Mr. WELLSTONE. I thank the Chair. Senator from Kansas [Mrs. KASSEBAUM] siring to vote? The PRESIDING OFFICER. The Sen- is absent due to a death in the family. The yeas and nays resulted—yeas 41, ator from Iowa is recognized for 1 The result was announced—yeas 56, nays 57, as follows: minute. nays 43, as follows: July 23, 1996 CONGRESSIONAL RECORD — SENATE S8495 [Rollcall Vote No. 213 Leg.] Mr. EXON. Mr. President, we have no AMENDMENT NO. 4928, AS MODIFIED YEAS—56 one on this side who has sought time to The PRESIDING OFFICER. Under Abraham Faircloth McCain speak against the amendment. There- the previous order, the Senator from Il- Ashcroft Frahm McConnell fore, I yield our time to the Senator linois is recognized for 1 minute. Bennett Frist Murkowski Mr. SIMON. Mr. President, I ask Biden Gorton Nickles from Michigan. Bond Gramm Nunn The PRESIDING OFFICER. The Sen- unanimous consent to modify my Breaux Grams Pressler ator from Michigan. amendment. It is a purely technical Brown Grassley Roth Mr. LEVIN. Mr. President, I thank modification. Burns Gregg Santorum Mr. DOMENICI. We have no objec- Byrd Hatch Shelby my friend from Nebraska. We need this Campbell Hatfield Simpson amendment because the bill provides tion. Chafee Helms Smith that even able-bodied people could not The PRESIDING OFFICER. Without Coats Hutchison Snowe work for up to 2 years, and there is no objection, it is so ordered. Cochran Inhofe Specter The amendment (No. 4928), as modi- reason that if a private sector job is Cohen Jeffords Stevens fied, is as follows: Coverdell Kempthorne Thomas not available and if someone is not in Craig Kyl Thompson job training or in school that an able- Beginning on page 233, strike line 15, and D’Amato Lott Thurmond all that follows through line 13 on page 235, DeWine Lugar Warner bodied person should not be offered and and insert the following: Domenici Mack should not be required to accept a com- ‘‘LIMITATION ON EDUCATION ACTIVITIES NAYS—43 munity service position. COUNTED AS WORK.—For purposes of deter- So this is a very needed amendment. mining monthly participation rates under Akaka Glenn Mikulski It is the same amendment which I of- paragraphs (1)(B)(i) and (2)(B)(i) of sub- Baucus Graham Moseley-Braun section (b), not more than 30 percent of Bingaman Harkin Moynihan fered along with Senator Dole last Sep- Boxer Heflin Murray tember, and I hope it gets not only a adults in all families and in 2-parent families determined to be engaged in work in the Bradley Hollings Pell strong vote in the Senate, but I hope Bryan Inouye Pryor State for a month may meet the work activ- Bumpers Johnston Reid that this time it is retained in con- ity requirement through participation in Conrad Kennedy Robb ference and is not dropped in con- educational training. Daschle Kerrey Rockefeller ference the way it was last time. ‘‘(5) SINGLE PARENT WITH CHILD UNDER AGE Dodd Kerry Sarbanes 6 DEEMED TO BE MEETING WORK PARTICIPATION Dorgan Kohl Simon The PRESIDING OFFICER. The REQUIREMENTS IF PARENT IS ENGAGED IN WORK Exon Lautenberg Wellstone question is on agreeing to amendment Feingold Leahy Wyden FOR 20 HOURS PER WEEK.—For purposes of de- No. 4927 by the Senator from New York termining monthly participation rates under Feinstein Levin and the Senator from Michigan. The Ford Lieberman subsection (b)(1)(B)(i), a recipient in a 1-par- yeas and nays have been ordered. The ent family who is the parent of a child who NOT VOTING—1 clerk will call the roll. has not attained 6 years of age is deemed to The assistant legislative clerk called be engaged in work for a month if the recipi- Kassebaum the roll. ent is engaged in work for an average of at The motion to lay on the table the Mr. NICKLES. I announce that the least 20 hours per week during the month. ‘‘(6) TEEN HEAD OF HOUSEHOLD WHO MAIN- amendment (No. 4916) was agreed to. Senator from Kansas [Mrs. KASSEBAUM] TAINS SATISFACTORY SCHOOL ATTENDANCE Mr. DOMENICI. Mr. President, I is absent due to a death in the family. move to reconsider the vote by which DEEMED TO BE MEETING WORK PARTICIPATION The result was announced—yeas 99, REQUIREMENTS.—For purposes of determining the motion was agreed to. nays 0, as follows: monthly participation rates under sub- Mr. FORD. I move to lay that motion [Rollcall Vote No. 214 Leg.] section (b)(1)(B)(i), a recipient who is a sin- on the table. YEAS—99 gle head of household and has not attained 20 The motion to lay on the table was years of age is deemed to be engaged in work agreed to. Abraham Feinstein Lugar for a month in a fiscal year if the recipient— Akaka Ford Mack ‘‘(A) maintains satisfactory attendance at AMENDMENT NO. 4927 Ashcroft Frahm McCain The PRESIDING OFFICER. Under Baucus Frist McConnell secondary school or the equivalent during Bennett Glenn Mikulski the month; or the previous order, the Senator from ‘‘(B) participates in education directly re- New York, Senator D’AMATO, is recog- Biden Gorton Moseley-Braun Bingaman Graham Moynihan lated to employment for at least the mini- nized for 1 minute. Bond Gramm Murkowski mum average number of hours per week Mr. D’AMATO. Mr. President, this Boxer Grams Murray specified in the table set forth in paragraph amendment will really strengthen the Bradley Grassley Nickles (1). work requirements in this bill. It says Breaux Gregg Nunn ‘‘(d) WORK ACTIVITIES DEFINED.—As used in Brown Harkin Pell very clearly if we want to change wel- this section, the term ‘work activities’ Bryan Hatch Pressler means— fare as we know it, this is the way to Bumpers Hatfield Pryor ‘‘(1) unsubsidized employment; do it, because it will require that those Burns Heflin Reid Byrd Helms Robb ‘‘(2) subsidized private sector employment; able-bodied recipients be required to Campbell Hollings Rockefeller ‘‘(3) subsidized public sector employment; report for a job. If there is no job in the Chafee Hutchison Roth ‘‘(4) work experience (including work asso- private sector available, if they are not Coats Inhofe Santorum ciated with the refurbishing of publicly as- into job training, then community Cochran Inouye Sarbanes sisted housing) if sufficient private sector Cohen Jeffords Shelby employment is not available; service. There are parks to be cleaned Conrad Johnston Simon ‘‘(5) on-the-job training; and roads to be repaired and there is Coverdell Kempthorne Simpson ‘‘(6) job search and job readiness assist- work in hospitals. Craig Kennedy Smith ance; It was no less than Franklin Delano D’Amato Kerrey Snowe ‘‘(7) community service programs; Roosevelt who said it best. He said if Daschle Kerry Specter ‘‘(8) educational training (not to exceed 24 DeWine Kohl Stevens months with respect to any individual);’’. people stay on welfare for prolonged Dodd Kyl Thomas periods of time, it administers a nar- Domenici Lautenberg Thompson Mr. SIMON. Mr. President, I believe cotic to their spirit. This dependence Dorgan Leahy Thurmond this may be adopted by voice vote. It is Exon Levin Warner cosponsored by Senators MURRAY, on welfare undermines their humanity, Faircloth Lieberman Wellstone makes them wards of the State. Feingold Lott Wyden SPECTER, JEFFORDS, and BOB KERREY. The bill without this amendment says That is Franklin Delano Roosevelt. NOT VOTING—1 He cared about people, working people. States can get credit above the age of He wanted to see to it that people had Kassebaum 50 only for vocational education. The help when they truly needed it, but he The amendment (No. 4927) was agreed reality is for many people learning how understood welfare could become to. to read and write, getting that high entrapping and a narcotic. Community Mr. LEVIN. Mr. President, I move to school equivalency is at least equally service is something that will give reconsider the vote. important. This permits that possibil- pride to people who need assistance. Mr. DOMENICI. I move to table the ity. Mr. EXON addressed the Chair. motion. I know of no objection to the amend- The PRESIDING OFFICER. The Sen- The motion to lay on the table was ment. I hope it can be adopted by voice ator from Nebraska. agreed to. vote. S8496 CONGRESSIONAL RECORD — SENATE July 23, 1996 The PRESIDING OFFICER. Is there and dads over. They are coming into AMENDMENT NO. 4933 TO AMENDMENT NO. 4931 further debate? this country and going down to the SSI The PRESIDING OFFICER. Under Mr. EXON. There is no objection on office and qualifying for SSI benefits the previous order, the Senator from this side. and you and the taxpayers of this coun- Rhode Island is recognized for 1 Mr. DOMENICI. Mr. President, we try are picking up and being the retire- minute. agree to accept the amendment. ment home for the rest of the world. Mr. CHAFEE. Mr. President, this leg- The PRESIDING OFFICER. The That is not what this program should islation is welfare reform. We dropped question is on agreeing to the amend- be about. What we do is take care of out the changes in Medicaid, and we ment. refugees. If they come, they have a 5- are told that this is not a Medicaid bill. The amendment (No. 4928), as modi- year period where they qualify for all Yet, this bill permits the States not fied, was agreed to. of the benefits. That is more than fair. only to drop eligibility levels for cash Mr. SIMON. I move to reconsider the Sponsors should pay what they say assistance—AFDC—but also for Medic- vote. they are going to pay. aid. The States can throw a woman and Mr. EXON. I move to table the mo- Mr. DOMENICI. Mr. President, I ask small children off cash assistance and tion. for 5 seconds. at the same time take away their Med- The motion to lay on the table was The PRESIDING OFFICER. Is there icaid, their only chance for any medi- agreed to. objection? cal services. My amendment says, go ahead, if you MOTION TO WAIVE THE BUDGET ACT— Without objection, it is so ordered. AMENDMENT NO. 4929 Mr. DOMENICI. This is a waiver of wish, reduce eligibility levels for wel- Mr. DOMENICI. Mr. President, the the Budget Act. You are waiving 15 bil- fare, but Medicaid eligibility levels next amendment is the Feinstein lion dollars’ worth of savings. I do not should remain as they are today. Furthermore, what constitutes in- amendment. The Senator from Penn- believe you ought to waive the Budget Act for $15 billion. come in calculating Medicaid eligi- sylvania, Senator SANTORUM, will be The PRESIDING OFFICER. The bility remains as it is now. In other responding on our side. It is an impor- question is on agreeing to the motion words, if my amendment is not adopt- tant amendment. to waive the Budget Act. ed, States will be able to count school The PRESIDING OFFICER. The Sen- The yeas and nays have been ordered. lunches and even disaster relief toward ator from California is recognized to The clerk will call the roll. what makes a person eligible for Med- speak. The bill clerk called the roll. icaid. Mrs. FEINSTEIN. Mr. President, this Mr. NICKLES. I announce that the I yield the remainder of my time to bill as drafted would remove from SSI, Senator from Kansas [Mrs. KASSEBAUM] the Senator from Louisiana. from AFDC, and from Medicaid, every- is absent due to a death in the family. Mr. BREAUX. Mr. President, I just one legally in this country that hap- Mr. FORD. I announce that the Sen- say to our colleagues that if you want pens to be a newcomer. It is retroactive ator from Hawaii [Mr. INOUYE] is nec- to continue mothers and children fur- in that respect. essarily absent. ther to be eligible for Medicaid, you The amendment that Senator BOXER The PRESIDING OFFICER. Are there have to support this amendment. By and I put forward would make this pro- any other Senators in the Chamber de- opposing this amendment, you are say- spective. Every newcomer coming into siring to vote? ing to mothers and children in the fu- the country after September 1 would The yeas and nays resulted—yeas 46, ture that you are going to be taken off, not be able to count on any welfare nays 52, as follows: or could be taken off, Medicaid and benefits until they became a citizen, [Rollcall Vote No. 215 Leg.] health benefits without any further in- which generally takes about 5 years. YEAS—46 surance. I think that is wrong. This is a huge item. In my State Akaka Ford Mikulski The PRESIDING OFFICER. The time alone, it would affect more than 1 mil- Biden Glenn Moseley-Braun of the Senator from Rhode Island has lion people. Thousands of them are ref- Bingaman Graham Moynihan Boxer Harkin Murray expired. ugees. They have no sponsors. They are Bradley Heflin Pell Mr. CHAFEE. Mr. President, have aged, they are blind, they are disabled, Breaux Hollings Pryor the yeas and nays been ordered? they are children. This would imme- Bryan Johnston Reid The PRESIDING OFFICER. The yeas Bumpers Kennedy Rockefeller and nays have not been ordered. diately throw them off of whatever as- Chafee Kerrey Sarbanes sistance they have, with no other re- Cohen Kerry Simon Mr. CHAFEE. Mr. President, I ask for course. Los Angeles County alone esti- Conrad Kohl Snowe the yeas and nays. mates the cost is $500 million. Daschle Lautenberg Specter The PRESIDING OFFICER. Is there a Dodd Leahy Wellstone sufficient second? The PRESIDING OFFICER. The 1 Dorgan Levin Wyden minute has expired. Feingold Lieberman There is a sufficient second. Mrs. FEINSTEIN. I thank the Chair. Feinstein Mack The yeas and nays were ordered. The PRESIDING OFFICER. The Sen- Mr. SANTORUM addressed the Chair. NAYS—52 ator from Delaware has 1 minute. The PRESIDING OFFICER. The Sen- Abraham Frahm McConnell Mr. ROTH. Mr. President, I point out ator from Pennsylvania [Mr. Ashcroft Frist Murkowski Baucus Gorton Nickles that what we have before us is the SANTORUM] is recognized. Chafee perfecting amendment. This Mr. SANTORUM. Mr. President, first Bennett Gramm Nunn Bond Grams Pressler perfecting amendment only makes a off, this amendment would cost about a Brown Grassley Robb technical change in the basic Chafee quarter of the savings in the bill. It is Burns Gregg Roth amendment. I have no objection to about a $15 billion additional cost Byrd Hatch Santorum Campbell Hatfield Shelby that technical amendment. In fact, I added to this bill. But on substantive Coats Helms Simpson would have been willing to accept the ground, this is similar to the vote we Cochran Hutchison Smith perfecting amendment on a voice vote. Coverdell Inhofe Stevens took last week on the Graham amend- But, since he has gotten the yeas and ment. What this underlying bill did, Craig Jeffords Thomas D’Amato Kempthorne Thompson nays, I urge everybody to vote aye on what the Democratic substitute did, DeWine Kyl Thurmond the technical change. what the bill that passed here in the Domenici Lott Warner The PRESIDING OFFICER. Is there Senate last time did was say that spon- Exon Lugar Faircloth McCain further debate on the amendment? If sors have to live up to their contrac- not, the question is on agreeing to the NOT VOTING—2 tual obligations. They signed a docu- amendment of the Senator from Rhode ment saying they would provide for Inouye Kassebaum Island. On this question, the yeas and people that come to this country. Peo- The PRESIDING OFFICER. On this nays have been ordered, and the clerk ple come to this country and sign a vote, the yeas are 46, and the nays are will call the roll. document saying they would not be- 52. Three-fifths of the Senators duly The legislative clerk called the roll. come wards of the State. What is hap- chosen and sworn, not having voted in Mr. NICKLES. I announce that the pening is that millions of people are the affirmative, the motion is rejected Senator from Kansas [Mrs. KASSEBAUM] coming to this country, bringing moms and the amendment falls. is absent due to a death in the family. July 23, 1996 CONGRESSIONAL RECORD — SENATE S8497 The PRESIDING OFFICER (Mr. I urge the adoption of the Roth Boxer Frist Mikulski Bradley Glenn Moseley-Braun CAMPBELL). Are there any other Sen- amendment. Breaux Graham Moynihan ators in the Chamber who desire to The PRESIDING OFFICER. The Sen- Bryan Harkin Murray vote? ator from Nebraska is recognized. Bumpers Hatfield Nunn The result was announced—yeas 97, Mr. EXON. Mr. President, we should Byrd Heflin Pell Campbell Hollings Pressler nays 2, as follows: oppose the Roth amendment because it Chafee Inouye Pryor [Rollcall Vote No. 216 Leg.] negates the Chafee-Breaux amendment Coats Jeffords Reid YEAS—97 that was just agreed to. I yield the re- Cochran Johnston Robb Cohen Kennedy Rockefeller Abraham Frahm McCain mainder of the time to Senator Chafee. Conrad Kerrey Sarbanes Akaka Frist McConnell Mr. CHAFEE. Mr. President, if you D’Amato Kerry Simon Baucus Glenn Mikulski voted yes on the Chafee amendment we Daschle Kohl Simpson Bennett Gorton Moseley-Braun just agreed to, then you should vote no DeWine Kyl Snowe Biden Graham Moynihan Dodd Lautenberg Specter Bingaman Gramm Murkowski on the Roth amendment. The Roth Dorgan Leahy Thompson Bond Grams Murray amendment allows States to dras- Exon Levin Warner Boxer Grassley Nickles tically reduce Medicaid coverage for all Feingold Lieberman Wellstone Bradley Gregg Nunn Feinstein Lugar Wyden Breaux Harkin Pell groups of women and children. If the Ford McCain Bryan Hatch Pressler Roth amendment prevails and we Bumpers Hatfield Pryor strike the protections that we just NOT VOTING—1 Burns Heflin Reid adopted in my amendment, the Roth Kassebaum Byrd Helms Robb Campbell Hollings Rockefeller amendment grandfathers only those The amendment (No. 4932) was re- Chafee Hutchison Roth AFDC-eligible individuals who are en- jected. Coats Inhofe Santorum rolled in Medicaid at the time of enact- Mr. CHAFEE. Mr. President, I move Cochran Inouye Sarbanes Cohen Jeffords Shelby ment. There are no protections for to reconsider the vote by which the Conrad Johnston Simon those who meet the same standards amendment was rejected. Coverdell Kempthorne Simpson after the enactment. Mr. BREAUX. I move to lay that mo- Craig Kennedy Smith tion on the table. D’Amato Kerrey Snowe Second, it strikes the provisions in Daschle Kerry Specter my amendment that reinstate the The motion to lay on the table was DeWine Kohl Stevens standard for calculating income. Thus, agreed to. Dodd Kyl Thomas a pregnant woman or 6-year-old child VOTE ON AMENDMENT NO. 4931, AS AMENDED Domenici Lautenberg Thompson Dorgan Leahy Thurmond with a family income below the current The PRESIDING OFFICER. The Exon Levin Warner poverty standards will not qualify for question now is on agreeing to Chafee Faircloth Lieberman Wellstone Medicaid coverage if the State adopts a amendment No. 4931, as amended. Feingold Lott Wyden The amendment (No. 4931), as amend- Feinstein Lugar more restrictive income test, such as Ford Mack school lunches or food stamps. ed, was agreed to. Finally, I would say the United Mr. EXON. Mr. President, I move to NAYS—2 States has the highest percentage of reconsider the vote by which the Ashcroft Brown children in poverty of any industrial amendment was agreed to. NOT VOTING—1 nation in the world. I certainly hope Mr. DOMENICI. I move to lay that Kassebaum we will not make it worse by denying motion on the table. The motion to lay on the table was The amendment (No. 4933) was agreed these children their Medicaid coverage. agreed to. to. The PRESIDING OFFICER. All time has expired. The yeas and nays have AMENDMENT NO. 4934 AMENDMENT NO. 4932 TO AMENDMENT NO. 4931 not been ordered. The PRESIDING OFFICER. Under The PRESIDING OFFICER. The Mr. CHAFEE. Mr. President, I ask for the previous order, there will now be 2 question now occurs on the Roth the yeas and nays. minutes equally divided on the Conrad amendment No. 4932, with 2 minutes The PRESIDING OFFICER. Is there a amendment No. 4934. being equally divided. The Senator sufficient second? The PRESIDING OFFICER. The Sen- from Delaware [Mr. ROTH] is recog- There is a sufficient second. ator from Nebraska. nized. Mr. EXON. I yield to the Senator Mr. ROTH. Mr. President, the pur- The yeas and nays were ordered. The PRESIDING OFFICER. The from North Dakota. pose of my amendment is to ensure The PRESIDING OFFICER. The Sen- continued Medicaid coverage to all in- question is on agreeing to the amend- ment. The yeas and nays have been or- ator from North Dakota [Mr. CONRAD] dividuals currently receiving Medicaid is recognized. benefits because of their eligibility dered. The clerk will call the roll. Mr. LEAHY. Mr. President, point of through the current AFDC benefits. order. The Senate is not in order. This This will ensure that no child or adult The legislative clerk called the roll. Mr. NICKLES. I announce that the is an important amendment. Senator currently receiving Medicaid benefits ONRAD Senator from Kansas [Mrs. KASSEBAUM] C should be heard. would lose coverage because of welfare The PRESIDING OFFICER. There reform. is absent due to a death in the family. The PRESIDING OFFICER. Are there will be order. My amendment also provides for 1 The Senator from North Dakota. any other Senators in the Chamber year of transitional Medicaid benefits. Mr. LEAHY. Mr. President, I make a who desire to vote? This guarantees that families leaving point of order again, the Senate is still The result was announced—yeas 31, welfare will continue to receive Medic- not in order. nays 68, as follows: aid coverage for a full year to help in The PRESIDING OFFICER. Senators the critical transition from welfare to [Rollcall Vote No. 217 Leg.] having conversations will take their work. The problem with the Chafee- YEAS—31 conversations to the Cloakroom. Breaux amendment is that it would Ashcroft Grams Murkowski The Senator from North Dakota. force the States to maintain current Bennett Grassley Nickles Mr. CONRAD. I thank the Chair. Mr. Brown Gregg Roth eligibility standards indefinitely into Burns Hatch Santorum President, this is a bipartisan amend- the future. That means that someone, 5 Coverdell Helms Shelby ment about feeding hungry people. or 10 years from now, may not qualify Craig Hutchison Smith This has always been a bipartisan pri- under a State’s new welfare program Domenici Inhofe Stevens ority in this Chamber. The father of Faircloth Kempthorne Thomas but nevertheless would claim eligi- Frahm Lott Thurmond the Food Assistance Program is Sen- bility under the old program. This cre- Gorton Mack ator Dole, the former Republican lead- ates serious issues of equity. Gramm McConnell er, and former Senator George McGov- The Governors are deeply concerned NAYS—68 ern. about the Chafee-Breaux approach, as Abraham Baucus Bingaman Our amendment, a bipartisan amend- it would be burdensome to administer. Akaka Biden Bond ment, preserves the most important S8498 CONGRESSIONAL RECORD — SENATE July 23, 1996 feature of our Food Assistance Pro- necessarily absent. I also announce the bers. We have an exemption in the bill gram. It maintains the automatic ad- Senator from Kansas [Mrs. KASSEBAUM] for emergency medical services, emer- justment in funding to respond to eco- is absent due to a death in the family. gency disaster relief, and assistance nomic downturns or natural disasters. The PRESIDING OFFICER. Are there necessary to protect public health from A pure block grant would leave States any other Senators in the Chamber de- communicable diseases. with a fixed amount of money no mat- siring to vote? None of these provisions applies until ter what happens. The result was announced—yeas 53, date of enactment. These provisions If we look at the example of Florida, nays 45, as follows: will apply only on convictions after we see very clearly what can happen. [Rollcall Vote No. 218 Leg.] that date. But the bottom line is, if we They had a flat demand for food assist- YEAS—53 are serious about our drug laws, we ance. Then we had a national recession, Akaka Feinstein Lieberman ought not to give people welfare bene- and demand for food assistance in- Baucus Ford Mikulski fits who are violating the Nation’s drug creased dramatically. Then there was a Biden Glenn Moseley-Braun laws. I hope my colleagues will adopt natural disaster, Hurricane Andrew, Bingaman Graham Moynihan this provision and do so with a re- Boxer Harkin Murray and the demand for food assistance ex- Bradley Hatfield Nunn sounding vote. ploded. Under the pure block grant, Breaux Heflin Pell Mr. EXON. Mr. President, while I ap- that State would have had no ability to Bryan Hollings Pryor preciate the thrust of the amendment Bumpers Inouye Reid respond to the demand for food assist- Byrd Jeffords Robb offered by the Senator from Texas, we ance. Campbell Johnston Rockefeller strongly oppose it. No block grant could have responded Chafee Kennedy Sarbanes I yield to the Senator from Massa- to this increase in need. The block Conrad Kerrey Simon chusetts. Daschle Kerry Snowe grant would destroy the Food Stamp Dodd Kohl Specter Mr. KENNEDY. Mr. President, if I Program. Dorgan Lautenberg Wellstone can have the attention of the Senate Mr. President, America is better than Exon Leahy Wyden for a moment. This amendment says that. This Senate is better than that. I Feingold Levin that anyone convicted of drug posses- hope my colleagues will support the NAYS—45 sion, distribution, or use may not ob- amendment. Abraham Frahm Mack tain any Federal means-tested public Mr. SANTORUM addressed the Chair. Ashcroft Frist McCain benefit. It includes even misdemeanor The PRESIDING OFFICER. The Sen- Bennett Gorton McConnell convictions. ator from Pennsylvania [Mr. Bond Gramm Murkowski Brown Grams Nickles The Conference of Mayors and the SANTORUM], is recognized for 1 minute. Burns Grassley Pressler National League of Cities are strongly Mr. SANTORUM. Mr. President, we Coats Gregg Roth opposed to the amendment. This is oppose this amendment for a couple of Cochran Hatch Santorum what they say: reasons. First, the Conrad amendment Cohen Helms Shelby Coverdell Hutchison Simpson It would undermine the whole notion of requires a $1 billion cut in food stamps. Craig Inhofe Smith providing drug treatment as an alternative This is a $1 billion reduction in food D’Amato Kempthorne Stevens sentence to a first-time drug offender if the stamps to pay for this provision. DeWine Kyl Thompson individual requires Federal assistance to ob- Domenici Lott Thurmond Second, we set very high standards Faircloth Lugar Warner tain the treatment. for States to qualify to get into these This would make drug addicts ineli- NOT VOTING—2 block grants. They have to have a low gible for any of the effective drug error rate of 6 percent. There are only Kassebaum Thomas treatment programs that are being de- seven States that can qualify with that The amendment (No. 4934) was agreed veloped by the States and the Federal error rate. to. Government. It would eliminate any Third, they have to have electronic Mr. HEFLIN. Mr. President, I move prenatal care for mothers that get con- benefits. Only four States qualify. to reconsider the vote. victed of drug crimes. We have seen The Senator from North Dakota Mr. LEVIN. I move to lay that mo- those programs developed in commu- would lead Members to believe all tion on the table. nity health centers all across this these Governors and State legislatures The motion to lay on the table was country; they try to get those mothers do not know what they are getting into agreed to. back to work and reunited with their by opting for a block grant, that they MOTION TO WAIVE THE BUDGET ACT— families. Those programs will be off do not see economic recessions and dis- AMENDMENT NO. 4935 limits to the people who need them asters. In fact, they understand the The PRESIDING OFFICER. Under most. risks they are taking when they offer a the previous order, the question occurs Under this amendment, if you are a block grant. on the motion to waive the Budget Act murderer, a rapist, or a robber, you can We want to give them the option to for the consideration of amendment get Federal funds; but if you are con- do it, but set a very high standard for No. 4935 offered by the Senator from victed even for possession of mari- them to get in in the first place. They Pennsylvania on behalf of the Senator juana, you cannot. It is overly broad have to have a good program to get in. from Texas [Mr. GRAMM]. and is strongly opposed by the mayors They have an option, if things are bad, The yeas and nays have been ordered. and the National League of Cities. I to get out—it is a one-time option—but Mr. GRAMM addressed the Chair. hope the Senator will not get the 60 an option to get out if things get bad. The PRESIDING OFFICER. The Sen- votes. There are adequate safeguards, and if ator from Texas is recognized. Mr. MACK. Mr. President, I rise there are problems, people are able to Mr. GRAMM. Mr. President, I believe today in opposition to amendment No. use a one-time option to get out. my amendment is the pending amend- 4935 offered by Senator GRAMM. This The PRESIDING OFFICER. All time ment. I think the regular order is for 1 amendment would deny Federal means- has expired. minute of debate on each side. I had tested benefits to individuals convicted The rollcall vote has not been called hoped this amendment might be ac- of illegal drug possession, use, or dis- for. Mr. SANTORUM. I ask for the yeas cepted by a voice vote. But I will go tribution. Personally, I agree with the and nays. ahead and take my minute now. idea of not giving Government benefits The PRESIDING OFFICER. Is there a What my amendment does is denies to drug dealers, however, I do not sufficient second? means-tested benefits to people who think the Federal Government should There is a sufficient second. are convicted of possessing, using, or continue to tell the States how to run The yeas and nays were ordered. selling drugs. their welfare programs. The PRESIDING OFFICER. The In minor cases, they lose welfare for There are provisions in the bill to en- clerk will call the roll. 5 years. In major cases, they lose it for sure that criminals are not milking the The legislative clerk called the roll. life. What an individual does does not system. We keep saying that we want Mr. NICKLES. I announce that the affect the eligibility of that individ- the States to decide what is best for Senator from Wyoming [Mr. THOMAS] is ual’s children or other family mem- their States. I believe we have already July 23, 1996 CONGRESSIONAL RECORD — SENATE S8499 put enough mandates on the block No. 4936, known as the Graham-Bump- cane, or somebody has just been laid grants, and the denial of benefits in the ers amendment, be temporarily set off from the factory that they worked Gramm amendment would just in- aside and that it be the pending busi- in for 10 years, as they are looking for crease mandates. Let the States make ness when the Democrats and Repub- a new job, they cannot get food stamps. those decisions. licans return after their lunch break. That is a time that they need it the Mr. GRAMM. Mr. President, I ask for The PRESIDING OFFICER. Is there most. We could actually have such a the yeas and nays. objection? The Chair hears none, and it situation as we had in the earthquakes The PRESIDING OFFICER. Is there a is so ordered. in California. People’s businesses were sufficient second? Mr. DOMENICI. I thank the sponsor destroyed, their homes were destroyed, There is a sufficient second. of the amendment. somebody has been working for 10 or 15 The yeas and nays were ordered. I yield the floor. years, and they would be told: Sorry, The PRESIDING OFFICER. The AMENDMENT NO. 4930 you are not working 20 hours a week; question is on the motion to waive the The PRESIDING OFFICER. Under you do not get food stamps. Budget Act. the previous order, the question occurs We defeated this by a 2-to-1 margin The clerk will call the roll. on agreeing to the motion to table in the Senate, Republicans and Demo- The legislative clerk called the roll. amendment No. 4930 offered by the Sen- crats, last year. We should do it again Mr. NICKLES. I announce that the ator from North Carolina [Mr. HELMS], this year. If Senator HELMS’ motion is Senator from Kansas [Mrs. KASSEBAUM] by the yeas and nays, to be preceded by to table his own amendment, this is is absent due to a death in the family. 2 minutes of time divided in equal one time I agree with him—we ought to The PRESIDING OFFICER. Are there manner. do just that. any other Senators in the Chamber de- Mr. HELMS. Mr. President, I hope The PRESIDING OFFICER. All time siring to vote? the time will not begin running on me has expired. The question occurs on The yeas and nays resulted—yeas 74, until we have order. agreeing to the motion to table amend- nays 25, as follows: The PRESIDING OFFICER. The Sen- ment 4930. The yeas and nays have been [Rollcall Vote No. 219 Leg.] ate will be in order. ordered. The clerk will call the roll. YEAS—74 Mr. HELMS. I thank the Chair. The assistant legislative clerk called Abraham Exon Lugar Mr. President, on Friday afternoon, I the roll. Ashcroft Faircloth McCain got wind of a little effort to try to Mr. NICKLES. I announce that the Baucus Feinstein McConnell Senator from Kansas [Mrs. KASSEBAUM] Biden Ford Mikulski block Senators having to take a public Bond Frahm Murkowski stand—— is absent due to a death in the family Boxer Frist Nickles Mr. LEAHY. Mr. President, the Sen- The PRESIDING OFFICER (Mr. Breaux Gorton Nunn ASHCROFT). Are there any other Sen- Brown Graham Pressler ate is not order. Could we please have Bryan Gramm Pryor order. ators in the Chamber who desire to Bumpers Grams Reid The PRESIDING OFFICER. Senators vote? Burns Grassley Rockefeller will take their conversations to the The result was announced—yeas 56, Byrd Gregg Roth nays 43, as follows: Campbell Harkin Santorum Cloakroom. Coats Heflin Shelby The Senator from North Carolina. [Rollcall Vote No. 220 Leg.] Cochran Helms Simpson Mr. HELMS. I believe I will wait YEAS—56 Cohen Hutchison Smith until we have order. Akaka Dorgan Leahy Conrad Inhofe Snowe Baucus Exon Levin Coverdell This time I thank the Chair. Johnston Stevens Bennett Feingold Lieberman Craig In order to protect myself against a Kempthorne Thomas Biden Feinstein Lugar D’Amato Kerry Thompson little legerdemain here between Friday Bingaman Ford Mack Daschle Kyl Thurmond afternoon and the final unanimous con- Bond Glenn Mikulski DeWine Leahy Warner Boxer Gorton Moseley-Braun Dodd sent, I moved to table my own amend- Levin Wellstone Bradley Harkin Moynihan Domenici Lieberman Wyden ment and asked for the yeas and nays. Breaux Hatfield Murray Dorgan Lott I did that because I want Senators to Bumpers Heflin Nunn NAYS—25 take a stand on this amendment which Byrd Hollings Pell requires able-bodied food stamp recipi- Chafee Inouye Pryor Akaka Hollings Moynihan Cochran Jeffords Robb Bennett Inouye Murray ents to go to work for at least 20 hours Cohen Johnston Rockefeller Bingaman Jeffords Pell a week if they expect to continue to re- Conrad Kennedy Sarbanes Bradley Kennedy Robb ceive food stamps free of charge at the Daschle Kerrey Simon Chafee Kerrey Sarbanes DeWine Kerry Snowe Feingold Kohl Simon expense, of course, of taxpayers who Dodd Kohl Wellstone Glenn Lautenberg Specter have to work 40 hours a week or more Domenici Lautenberg Hatch Mack to support their families. Hatfield Moseley-Braun NAYS—43 The Congressional Budget Office says NOT VOTING—1 Abraham Grams Reid that this amendment will cause a lot of Ashcroft Grassley Roth Kassebaum people to flake off the food stamp rolls Brown Gregg Santorum The PRESIDING OFFICER. On this because they do not want to work and Bryan Hatch Shelby they will go to work otherwise. It will Burns Helms Simpson vote the yeas are 74, the nays are 25. Campbell Hutchison Smith Three-fifths of the Senators duly cho- save the taxpayers $2.8 billion over the Coats Inhofe Specter sen and sworn having voted in the af- next 6 years. Coverdell Kempthorne Stevens firmative, the motion is agreed to. I repeat, this amendment requires Craig Kyl Thomas D’Amato Lott Thompson Mr. DOMENICI. Mr. President, I able-bodied food stamp recipients to go Faircloth McCain Thurmond think it would be in order to ask unan- to work for at least 20 hours a week if Frahm McConnell Warner imous consent, if Senator GRAMM will they expect to continue to receive food Frist Murkowski Wyden stamps free of charge. Graham Nickles agree, to vitiate the yeas and nays and Gramm Pressler adopt the amendment by voice vote. I reserve the remainder of my time. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- NOT VOTING—1 objection, it is so ordered. ator from Vermont. Kassebaum The question now occurs on agreeing Mr. LEAHY. Mr. President, the de- The motion to lay on the table the to amendment No. 4935. scription sounds good but for the same amendment (No. 4930) was agreed to. The amendment (No. 4935) was agreed reason that the Senate last year by a Mr. EXON. Mr. President, I move to to. vote of 66 to 32 voted down a similar reconsider the vote by which the mo- Mr. DOMENICI addressed the Chair. amendment, we ought to do it again. tion was agreed to. The PRESIDING OFFICER. The Sen- What it does, it denies food stamps to Mr. FORD. I move to lay that motion ator from New Mexico [Mr. DOMENICI]. unemployed workers when they are on the table. Mr. DOMENICI. Mr. President, I ask looking for work. You have a recession, The motion to lay on the table was unanimous consent that amendment you have a disaster such as a hurri- agreed to. S8500 CONGRESSIONAL RECORD — SENATE July 23, 1996 AMENDMENT NO. 4938 The PRESIDING OFFICER. Without pending business will be the Graham- The PRESIDING OFFICER. The objection, it is so ordered. Bumpers formula change amendment. question now, under the previous order, Mr. DOMENICI. Senator ROTH speaks I thank the Chair and yield the floor. occurs on amendment No. 4938 offered in opposition. The PRESIDING OFFICER. The yeas by the Senator from Florida on behalf The PRESIDING OFFICER. The Sen- and nays were ordered on the Shelby of the Senator from Illinois [Mr. ator from Delaware. amendment No. 4939. SIMON]. Under the previous order, there Mr. ROTH. Mr. President, I, like Mr. The PRESIDING OFFICER. The are 2 minutes to be divided equally be- SHELBY, strongly support the use of tax question is on agreeing to the motion tween sides. incentives to promote adoption, and to waive the Budget Act on the amend- The Senator from Illinois [Mr. that is why the Finance Committee ment No. 4939. SIMON], is recognized. unanimously reported out of commit- The clerk will call the roll. Mr. SIMON. Mr. President, if I may tee an adoption tax credit bill. The assistant legislative clerk called have the attention of my colleagues. The distinguished majority leader the roll. Mr. DOMENICI. Mr. President we has assured me that he will schedule Mr. NICKLES. I announce that the have agreed to accept the amendment. action on the Finance Committee bill Senator from Kansas [Mrs. KASSEBAUM] Mr. SIMON. Mr. President, this before the end of this year. Unlike the is absent due to a death in the family. amendment simply adds the Public Finance Committee-passed adoption The PRESIDING OFFICER. Are there Health Service Act in terms of the ex- tax credit bill, Mr. SHELBY’s adoption any other Senators in the Chamber de- emption, so not only people who plan tax credit is refundable, provides no siring to vote? to become lawyers and engineers, but extra credit for special needs adoption, The yeas and nays resulted—yeas 78, people who become nurses and physi- and is not paid for. I remind my col- nays 21, as follows: cians can be exempt. It is acceptable, leagues that we have had tremendous [Rollcall Vote No. 221 Leg.] as far as I know, by everyone. I am problems with fraud with refundable YEAS—78 willing to take a voice vote. credits. Take, for example, the earned Abraham Glenn Mack The PRESIDING OFFICER. Does income credit. Akaka Gorton McCain anyone wish to speak in opposition? If Furthermore, if Mr. SHELBY’s amend- Ashcroft Gramm McConnell not, the question is on agreeing to ment is adopted, we will be required to Baucus Grams Mikulski Bennett Grassley Murkowski amendment No. 4938 offered by the Sen- find an additional $1.5 billion over 6 Biden Harkin Murray ator from Florida on behalf of the Sen- years in savings from the welfare legis- Bingaman Hatch Nunn ator from Illinois, [Mr. SIMON]. lation. Bond Hatfield Pell The amendment (No. 4938) was agreed In addition to these issues, Mr. SHEL- Boxer Heflin Pressler Bradley Helms Reid to. BY’s amendment is not germane to the Burns Hollings Robb Mr. EXON. Mr. President, I move to welfare bill. I believe we need incen- Campbell Hutchison Santorum reconsider the vote by which the tives to promote adoption, however, Coats Inhofe Sarbanes amendment was agreed to. Cochran Jeffords Shelby now is not the time to consider such Cohen Kempthorne Simon Mr. REID. I move to lay that motion legislation. I urge my colleagues to Coverdell Kennedy Simpson on the table. vote against Mr. SHELBY’s motion to Craig Kerrey Smith The motion to lay on the table was waive the Budget Act. D’Amato Kerry Snowe DeWine Kohl Specter agreed to. I yield the remainder of my time. Dodd Kyl Stevens MOTION TO WAIVE THE BUDGET ACT— Mr. MOYNIHAN. Mr. President, I Dorgan Lautenberg Thomas AMENDMENT NO. 4939 concur with our chairman. The Com- Exon Leahy Thompson The PRESIDING OFFICER. The mittee on Finance reported H.R. 3286, Faircloth Levin Thurmond Ford Lieberman Warner question now occurs on Shelby amend- the Adoption Promotion and Stability Frahm Lott Wellstone ment No. 4939. There will be 2 minutes Act of 1996, unanimously on June 12, Frist Lugar Wyden equally divided between sides. 1996. It is on the calendar, and the ma- NAYS—21 The Senator from Alabama is recog- jority leader has promised prompt ac- Breaux Daschle Johnston nized. tion on it. Brown Domenici Moseley-Braun Mr. SHELBY. Mr. President, first of As the chairman has indicated, the Bryan Feingold Moynihan all, I ask unanimous consent that Sen- Finance Committee bill provides an ad- Bumpers Feinstein Nickles Byrd Graham Pryor ator ABRAHAM be added as a cosponsor. ditional credit for special needs chil- Chafee Gregg Rockefeller The PRESIDING OFFICER. Without dren. This was a subject of bipartisan Conrad Inouye Roth objection, it is so ordered. concern during the Finance Commit- NOT VOTING—1 Mr. SHELBY. Mr. President, this is tee’s consideration of the bill. The the same amendment which was adopt- pending amendment fails to take spe- Kassebaum ed by the Senate on a vote of 93 to 5 on cial needs cases into account, and in The PRESIDING OFFICER. On this the welfare reform bill last year. It any event the amendment is not ger- vote, the yeas are 78 and the nays are provides a $5,000 tax break for adoption mane to the reconciliation legislation 21. expenses, and it will allow thousands of before us. Three-fifths of the Senators duly cho- children to find a home in America. I join Chairman ROTH in raising a sen and sworn having voted in the af- The amendment is offset with sav- point of order that the amendment of firmative, the motion is agreed to. ings in the underlying bill. There is no the Senator from Alabama is not ger- Mr. EXON. Mr. President, I move to guarantee that the adoption legislation mane. reconsider the vote. reported by the Finance Committee The PRESIDING OFFICER. Under Mr. DOMENICI. I move to lay that will be considered at all this year. This the previous order, the question now motion on the table. may be our last chance to pass this leg- occurs on agreeing to the motion to The motion to lay on the table was islation which has overwhelming bipar- waive the Budget Act for consideration agreed to. tisan support. of amendment No. 4939 offered by the Mr. DOMENICI. Mr. President, in Again, Mr. President, 93 Senators in Senator from Alabama, [Mr. SHELBY]. light of that vote, I wonder if we ought this Chamber voted for this exact The yeas and nays have been ordered. to vitiate the yeas and nays and adopt amendment last fall under almost iden- Mr. DOMENICI. Mr. President, I ask the amendment. tical circumstances. If we do not adopt unanimous consent that I may make The PRESIDING OFFICER. The yeas this adoption tax credit now, we might an announcement. It will take me 7 and nays have not been ordered. lose our chance this year. I ask we seconds. The question is on agreeing to waive the Budget Act and adopt this The PRESIDING OFFICER. Without Amendment No. 4939. amendment. objection, it is so ordered. The amendment (No. 4939) was agreed Mr. President, I ask unanimous con- Mr. DOMENICI. Mr. President, this is to. sent that Senator D’AMATO be added as the last vote before lunch. We will re- Mr. EXON. Mr. President, I move to a cosponsor. turn at 2 o’clock. At 2 o’clock, the reconsider the vote. July 23, 1996 CONGRESSIONAL RECORD — SENATE S8501 Mr. SHELBY. I move to lay that mo- that State. That is not only fairness; it recognizes that the cost of living dif- tion on the table. also, in my opinion, is fundamentally fers from State to State, and that cer- The motion to lay on the table was required if this bill is to achieve its ob- tain States have historically supported agreed to. jective of providing States a reasonable generous welfare benefits through the MANDATORY APPROPRIATION FOR THE SOCIAL amount of resources in which to pro- expenditure of their own funds. SECURITY ADMINISTRATION vide for the transition from welfare to My colleagues, Senators GRAHAM and Mr. DOMENICI. Mr. President, sec- work. BUMPERS, have offered an amendment tion 2211(e)(5) of this bill provides a I yield the remainder of my time to to S. 1956 which would significantly $300 million mandatory appropriation my colleague, Senator BUMPERS. change the formula for the TANF block to the Social Security Administration. The PRESIDING OFFICER. The Sen- grants. Because the Graham-Bumpers The bill requires SSA to review the ator from Arkansas. formula would dramatically decrease eligibility of hundreds of thousands of Mr. BUMPERS. Mr. President, the TANF allotments in certain States and beneficiaries who may no longer be eli- Senator from Florida is actually the would arbitrarily and unfairly force gible for supplemental security income architect of this amendment, and he the elimination or reduction of exist- [SSI] benefits. has done an outstanding job. Thirty- ing welfare benefits, I am unable to This mandatory appropriation is im- eight States are going to be penalized support this amendment. This vote portant because it is intended to give under this bill because what we are does, however, raise the important SSA the resources it needs to do this using is the 1991 and 1994 figures. If issue of the disparities in TANF block job right. your State made a monumental effort grant allotments which the formula But I am concerned about the prece- during those years, you may be re- will create. While I recognize that dif- dent of creating new entitlement warded under this bill. If you did not ferences in the cost of living and other spending for Federal agencies, and I because you could not, you would be factors necessitate some disparity in understand that the House has dropped punished for the next 6 years. West Vir- allotments, I encourage the conference this provision from its bill because of ginia has a $13.34 per case administra- committee to explore appropriate al- this concern. tive cost, New York has $106. So be- ternatives which address these dispari- Last year, in the Social Security cause West Virginia has been provi- ties, further assisting States which earnings test bill, we created a special dent, they are going to get punished. have low Federal expenditures per poor process to allow the Appropriations Because New York has been improvi- person under the formula and which ex- Committee to provide additional fund- dent, they get rewarded. That is not perience population growth. ing for SSA to conduct continuing dis- equitable. The PRESIDING OFFICER. The ability reviews—or CDR’s—without The PRESIDING OFFICER. The Sen- question now occurs on agreeing to forcing cuts in other discretionary ator’s time has expired. amendment No. 4936 offered by the Sen- spending. The Senator from Texas. ator from Florida [Mr. GRAHAM]. On For the years 1996 through 2002, this Mrs. HUTCHISON. Mr. President, I this question, the yeas and nays have process will accommodate an addi- am going to ask our Members to come been ordered, and the clerk will call tional $2.7 billion for CFR’s, and all together and do what is right for Amer- the roll. signs indicate that it is working. ica and welfare reform. Right now we The legislative clerk called the roll. Although I do not plan to strike this have a fair funding formula. A non- Mr. NICKLES. I announce that the mandatory appropriation here on the growth State never loses from its 1994 Senator from Minnesota [Mr. GRAMS] is floor, I hope that, in conference, in- base or its 1995 base, whichever base it necessarily absent. stead of creating a new entitlement for chooses. The growth States are able to I also announce that the Senator SSA, we can build upon the CDR fund- grow because that is essential, and we from Kansas [Mrs. KASSEBAUM] is ab- ing process—and give the Appropria- know it is fair. There are no losers in sent due to a death in the family. tions Committee an additional allow- the underlying bill. The Graham- Mr. FORD. I announce that the Sen- ance to fund the work SSA must do Bumpers amendment creates winners ator from Illinois [Ms. MOSELEY- under this bill. and losers. It says to California, Michi- BRAUN] is necessarily absent. gan, Minnesota, and New York, ‘‘You f The PRESIDING OFFICER. Are there are going to have to go below and actu- any other Senators in the Chamber RECESS ally cut the welfare in your State who desire to vote? below the 1994 and 1995 limits.’’ Mr. The PRESIDING OFFICER. Under The result was announced—yeas 37, President, that is wrong. We came to- nays 60, as follows: the previous order, the Senate stands gether and we made a very, very fair [Rollcall Vote No. 222 Leg.] in recess until 2 p.m. this afternoon. proposal, and it was accepted because Thereupon, the Senate, at 12:35 p.m., there are no losers. YEAS—37 recessed until 2:01 p.m.; whereupon, the Now, Mr. President, we must keep Akaka Faircloth Mack Senate reassembled when called to Baucus Ford McConnell that fairness. If we really want welfare Biden Frahm Nunn order by the Presiding Officer (Mr. reform, we must have fairness for all Bingaman Graham Pell SMITH). States. That is what the underlying Breaux Heflin Pressler AMENDMENT NO. 4936 Bryan Helms Pryor bill is. Bumpers Hollings Reid The PRESIDING OFFICER. Under Please vote against the Graham- Byrd Inouye Robb the previous order, the question now Bumpers amendment. Coats Jeffords Rockefeller occurs on amendment No. 4936 offered Mr. MCCAIN. Mr. President, the Per- Conrad Johnston Simon Daschle Kerrey Warner by the Senator from Florida [Mr. GRA- sonal Responsibility, Work Oppor- Dorgan Leahy HAM]. The yeas and nays have been or- tunity, and Medicaid Restructuring Exon Lugar dered. However, the vote will be pre- Act of 1996 (S. 1956) replaces the cur- NAYS—60 ceded by 2 minutes of debate evenly di- rent AFDC Program with a new tem- Abraham DeWine Inhofe vided in the usual manner. porary assistance for needy families Ashcroft Dodd Kempthorne Mr. GRAHAM addressed the Chair. [TANF] block grant. The TANF block Bennett Domenici Kennedy The PRESIDING OFFICER. The Sen- grant will distribute Federal funds to Bond Feingold Kerry ator from Florida is recognized. the States according to a formula Boxer Feinstein Kohl Bradley Frist Kyl Mr. GRAHAM. Mr. President, this which is based on recent Federal ex- Brown Glenn Lautenberg amendment speaks to fundamental penditures under the programs which Burns Gorton Levin fairness by providing that a poor child are to be consolidated into the TANF, Campbell Gramm Lieberman Chafee Grassley Lott will be treated the same by their Fed- with supplemental funds based on pop- Cochran Gregg McCain eral Government wherever they happen ulation growth and low Federal ex- Cohen Harkin Mikulski to live and that each State will receive penditures per poor person in the Coverdell Hatch Moynihan the same amount of money based on States. By emphasizing historical fund- Craig Hatfield Murkowski D’Amato Hutchison Murray the number of poor children within ing for welfare benefits, this formula S8502 CONGRESSIONAL RECORD — SENATE July 23, 1996 Nickles Simpson Thomas give vouchers for housing, the whole Mr. LOTT. I move to table the mo- Roth Smith Thompson Santorum Snowe Thurmond family benefits. If you are giving any tion to reconsider, and I ask for the Sarbanes Specter Wellstone type of assistance, it benefits the whole yeas and nays. Shelby Stevens Wyden family. There is no distinction between The PRESIDING OFFICER. Is there a NOT VOTING—3 the child and the rest of the family. sufficient second? There is a sufficient second. Grams Kassebaum Moseley-Braun Under the bill, even after the 5-year time limit, families and children would The yeas and nays were ordered. The amendment (No. 4963) was re- still be eligible for food stamps, Medic- The PRESIDING OFFICER. The jected. aid, housing assistance, WIC, and doz- question is on agreeing to the motion AMENDMENT NO. 4940 ens more means-tested programs. to lay on the table the motion to re- The PRESIDING OFFICER. Under Over 5 years, a typical welfare family consider the Ford amendment No. 4940. the previous order, the Senate will now The yeas and nays have been ordered. receives more than $50,000 in tax-free The PRESIDING OFFICER. The consider amendment No. 4940, offered benefits. Five years is enough time to by the Senator from Kentucky, [Mr. clerk will call the roll. finish a high school degree or learn a The legislative clerk called the roll. FORD]. Under that same previous order, skill through vocational training. It is Mr. NICKLES. I announce that the 2 minutes of debate will be evenly di- enough for a welfare family to change Senator from Kansas [Mrs. KASSEBAUM] vided in the usual manner. course. is absent due to a death in the family. Mr. FORD. Mr. President, may we The PRESIDING OFFICER. The time The PRESIDING OFFICER. Are there have order? of the Senator has expired. All time for any other Senators in the Chamber de- The PRESIDING OFFICER. The Sen- debate on the amendment has expired. siring to vote? ate will come to order. Mr. FORD. Mr. President, I ask for The result was announced—yeas 50, Mr. FORD. Mr. President, this the yeas and nays. nays 49, as follows: amendment gives States the option of The PRESIDING OFFICER. Is there a [Rollcall Vote No. 224 Leg.] providing noncash assistance to chil- sufficient second? YEAS—50 dren once their adult parents have There is a sufficient second. Abraham Frahm Mack reached the 5-year limit. It does not af- The yeas and nays were ordered. Ashcroft Frist McCain fect the ban on cash assistance after 5 The PRESIDING OFFICER. The Bennett Gorton Murkowski years. It would allow States to use Bond Gramm Nickles question is on agreeing to the amend- Brown Grams Pressler their block grants to provide clothing, ment. The yeas and nays have been or- Burns Grassley Roth school supplies, medicine, and other dered. Campbell Gregg Santorum things for the poorest children. The clerk will call the roll. Chafee Hatch Shelby This amendment makes this bill Coats Hatfield Simpson The legislative clerk called the roll. Cochran Helms Smith identical to H.R. 4, the welfare bill Mr. NICKLES. I announce that the Cohen Hutchison Snowe passed last December. It provides State Senator from Kansas [Mrs. KASSEBAUM] Coverdell Inhofe Stevens flexibility. It adds no new costs. Craig Jeffords Thomas is absent due to a death in the family. D’Amato Kempthorne Thompson Mr. SANTORUM. Mr. President, the The PRESIDING OFFICER. Are there DeWine Kyl Thurmond Senate is not in order. any other Senators in the Chamber Domenici Lott Warner The PRESIDING OFFICER. The Sen- who desire to vote? Faircloth Lugar ator is correct. The Senator will sus- The result was announced—yeas 48, NAYS—49 pend. The Senate will be in order. nays 51, as follows: Akaka Ford Mikulski Mr. FORD. Mr. President, this bill [Rollcall Vote No. 223 Leg.] Baucus Glenn Moseley-Braun adds no new costs or no new bureauc- Biden Graham Moynihan YEAS—48 racy. It is supported by the National Bingaman Harkin Murray Akaka Feinstein McConnell Boxer Heflin Nunn Governors’ Association. I remind my Baucus Glenn Mikulski Bradley Hollings Pell colleagues on the other side, there are Biden Graham Moseley-Braun Breaux Inouye Pryor 31 Republican Governors. It is sup- Bingaman Harkin Moynihan Bryan Johnston Reid ported by the U.S. Catholic Conference, Boxer Heflin Murray Bumpers Kennedy Robb Bradley Hollings Nunn Byrd Kerrey Rockefeller the National Conference of State Leg- Breaux Inouye Pell Conrad Kerry Sarbanes islatures, the American Public Welfare Bryan Johnston Pryor Daschle Kohl Simon Association. Bumpers Kennedy Reid Dodd Lautenberg Specter Dorgan Leahy Wellstone To say we can use funds from title Byrd Kerrey Robb Conrad Kerry Rockefeller Exon Levin Wyden XX, title XX is money for homebound Daschle Kohl Sarbanes Feingold Lieberman elderly. It has not been increased since Dodd Lautenberg Simon Feinstein McConnell 1991. This makes the Governors make a Dorgan Leahy Specter NOT VOTING—1 Exon Levin Wellstone choice between homebound elderly and Feingold Lieberman Wyden Kassebaum the poorest of our children. It is just NAYS—51 The motion to lay on the table the bad policy. motion to reconsider was agreed to. Mr. President, let us give the Gov- Abraham Ford Lugar Ashcroft Frahm Mack Mr. EXON addressed the Chair. ernors the flexibility they have asked Bennett Frist McCain The PRESIDING OFFICER. The Sen- for, they worked hard for. We give Bond Gorton Murkowski ator from Nebraska. them responsibility. Let us not tell Brown Gramm Nickles Mr. EXON. Mr. President, in an effort them how to operate. Burns Grams Pressler Campbell Grassley Roth to try to save time I would like to sug- I yield the floor. Chafee Gregg Santorum gest that we consider—since we have The PRESIDING OFFICER. The time Coats Hatch Shelby four Ashcroft amendments, I wish that of the Senator has expired. Cochran Hatfield Simpson we would, if the Senator from Missouri Cohen Helms Smith The Senator from Delaware is recog- Coverdell Hutchison Snowe would agree—that we could voice vote nized. Craig Inhofe Stevens through the next two amendments and Mr. ROTH. Mr. President, I strongly D’Amato Jeffords Thomas then have the real contest on the third oppose the Ford amendment as it DeWine Kempthorne Thompson Domenici Kyl Thurmond of the Ashcroft amendments. I think would seriously undermine the real 5- Faircloth Lott Warner that would save some time. I would year time limit on welfare assistance. like to ask if the Senator from Mis- NOT VOTING—1 One of the most important features of souri would consider such a move in welfare reform is that recipients must Kassebaum order to move things along. understand that public assistance is The amendment (No. 4940) was re- Mr. ASHCROFT. Mr. President, I am temporary, not a way of life. Let us be jected. happy to have the time reduced to 4 straight about this. These benefits Mr. FORD. Mr. President, I move to minutes on the amendment. But I would go to the entire family under the reconsider the vote, and I ask for the think it is important that we have the Ford amendment. If you are going to yeas and nays. votes. July 23, 1996 CONGRESSIONAL RECORD — SENATE S8503 The PRESIDING OFFICER. The Sen- This is permissive to the States. ommend that all Senators vote in favor ate will be in order so the Chair can The PRESIDING OFFICER. The time of the amendment as, like the preced- hear the comments of the Senator. of the Senator has expired. ing amendment, it does nothing more Senators will please take their con- The Senator from Nebraska. than what the States can already do. I versations out of Senate and to the Mr. EXON. Mr. President, there is no hope that we could move things along, cloakroom. opposition to this amendment that I and I would point out that I will Mr. DOMENICI. We cannot reduce it know of. I recommend that all Sen- strongly oppose the next amendment 4 minutes. We tried it before. The clos- ators vote in favor of the amendment. offered by the Senator from Missouri. est they can come is somewhere be- I would simply point out that the The PRESIDING OFFICER. The tween 7 and 8. The Senator is entitled amendment does nothing more than question is on agreeing to the amend- to his votes. They have asked him to what the States can already do. ment of the Senator from Missouri. reduce them in number. If he does not I will vote for this amendment, and The amendment (No. 4943) was agreed care to, let us proceed with his amend- the one that follows. I will strongly op- to. ments. He is absolutely entitled to do pose the third amendment by the Sen- Mr. EXON. Mr. President, I move to that. ator from Missouri. reconsider the vote by which the Mr. ASHCROFT. I would be happy to Mr. ASHCROFT. Mr. President, in amendment was agreed to. reduce the time. But I would prefer to that event I would be pleased to accept Mr. DOMENICI. I move to lay that have the votes, and I would object to a voice vote. motion on the table. the unanimous-consent request. The PRESIDING OFFICER. The The motion to lay on the table was Mr. EXON. Mr. President, I withdraw question is on agreeing to the amend- agreed to. my kind offer. ment of the Senator from Missouri. AMENDMENT NO. 4942 TO AMENDMENT NO. 4941 [Laughter.] The amendment (No. 4944) was agreed The PRESIDING OFFICER. Under AMENDMENT NO. 4944 TO AMENDMENT NO. 4941 to. the previous order, the question occurs The PRESIDING OFFICER. Under Mr. EXON. Mr. President, I move to on amendment No. 4942 offered by the the previous order, the Senate will now reconsider the vote by which the Senator from Missouri [Mr. ASHCROFT], consider amendment No. 4944 offered by amendment was agreed to. to his amendment No. 4941. the Senator from Missouri [Mr. Mr. DOMENICI. I move to lay that The Senator from Missouri. ASHCROFT], to his amendment No. 4941. motion on the table. Mr. ASHCROFT. Mr. President, we The debate will be limited to 2 minutes The motion to lay on the table was need to change welfare from a condi- equally divided. agreed to. tion in which people live to a transi- The Senator from Missouri is recog- AMENDMENT NO. 4943 TO AMENDMENT NO. 4941 tion from which people go; a transition nized. The PRESIDING OFFICER. The from dependency to independence. Mr. ASHCROFT. Mr. President, this question is now on amendment No. 4943 Under this bill we allow most people amendment highlights the value which to amendment No. 4941 offered by the to spend 5 straight years on the welfare is at the very heart of our culture and Senator from Missouri. rolls. Without really going to work in 5 our nature—the importance of edu- The Senator from Missouri. years, think what can happen in terms cation and learning. This amendment Mr. ASHCROFT. Thank you, Mr. of building habits, self-esteem, skills, really says that if you are on wel- President. and motivation. If you do not use a fare—— As I mentioned earlier, education is muscle for 5 weeks, it gets weak. If you The PRESIDING OFFICER. Will the the key to breaking the do not use it for 5 months, it atrophies. Senator suspend? The Senate will be in intergenerational cycle of welfare de- If you do not use it for 5 years, it dis- order so the Senate may hear the Sen- pendency. This amendment would appears. It is forever useless. ator from Missouri on his amendment. allow States to require that parents on This amendment says that 2 years in The Senator from Missouri. welfare be responsible for ensuring that a row—24 months—is long along Mr. ASHCROFT. Mr. President, it is their minor children are in school. enough for able-bodied recipients with- the thrust of this amendment that if It would be this simple. If you are on out infants or children to be able to re- you are on welfare and you have not welfare, your children should be in ceive welfare without starting down a completed your high school diploma school. If we care about breaking the path of work. We need to change the the best way to get a job and keep a job vicious intergenerational cycle of wel- character of welfare from the condition is to achieve a level of education that fare we should care about making sure of welfare to a transition toward inde- our society expects of all adults, and that individuals who are on welfare ac- pendence and work. Mr. President, 5 that is a high school education. cept the responsibility of sending their straight years on welfare only rein- So this amendment would allow children to school. We must look to the forces a dependent lifestyle that we are States to require individuals to get a long-term in reforming welfare. We trying to change. high school education or its equivalent. must look at what we can do to save The PRESIDING OFFICER. The Sen- This amendment is permissive, and it the future of our children. Every child ator’s time has expired. states that if you are a 20- to 50-year- in America can attend school. Every Mr. ASHCROFT. Mr. President, I ask old welfare recipient who does not have child can earn a high school diploma. It for the yeas and nays. a high school diploma, you must begin costs nothing but commitment. Too The PRESIDING OFFICER. Is there a working toward attaining a high school often education is ignored and trashed sufficient second? diploma or a GED as a condition of re- because it is devalued by our welfare There is a sufficient second. ceiving benefits. An exception is made culture. Teen dropout rates soar. They The yeas and nays were ordered. for people who are not capable. skip classes. We should not pay parents Mrs. MURRAY addressed the Chair. Job training will not equip welfare to encourage lifestyles of dependency The PRESIDING OFFICER. The Sen- recipients to work if they have not on and off welfare and in and out of ator from Washington. achieved the basic and fundamental minimum-wage jobs. States should be Mrs. MURRAY. Thank you, Mr. proficiency in education skills. How able to give children on welfare a fight- President. can we expect to train someone to ing chance. Mr. President, the amendment of- work as a cashier if they cannot add, Mr. EXON addressed the Chair. fered by the Senator from Missouri subtract, multiply, or divide? The PRESIDING OFFICER. The Sen- provides that a family may not receive The facts are indisputable. A person ator from Nebraska. welfare assistance for more than 24 over 18 without a high school diploma Mr. EXON. Mr. President, I know of months consecutively, unless the adult averages $12,800 in earnings; with a no one on this side of the aisle or on is working, or the State has an exemp- high school diploma, averages $18,700 in the other side of the aisle that opposes tion of the adult for hardship. I would earnings. Mr. President, $6,000 is the this amendment by the Senator from support this amendment if the Senator difference between dependence and Missouri. I would simply state what I would require States to offer work to independence; between welfare and said on the last amendment. If the Sen- parents. There may be many parents work. ator insists on a rollcall vote, I rec- who are willing to work and who want S8504 CONGRESSIONAL RECORD — SENATE July 23, 1996 to work but cannot find a job, or per- Mr. ASHCROFT addressed the Chair. AMENDMENT NO. 4952 haps they cannot find child care for The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The their children so that they can be at ator from Missouri is recognized. question now occurs on amendment No. work. Mr. ASHCROFT. Mr. President, that 4952, offered by the Senator from Flor- The underlying bill says that a moth- is consistent with my understanding of ida [Mr. GRAHAM]. er should not be penalized if she has a where we are. I am pleased to agree The Senator from Florida is recog- child under 11, or if she cannot afford with the ranking member. nized. to find child care. This amendment The PRESIDING OFFICER. The Mr. GRAHAM. Mr. President, the would be inconsistent with the under- question is on agreeing to the amend- amendment I offer strikes an amend- lying bill. It aims right at the mother. ment, as amended. ment which was adopted in the Senate But it hits the child. The amendment (No. 4941), as amend- Finance Committee. The current bill I urge my colleagues to defeat this ed, was agreed to. as it was submitted to the committee amendment. It goes too far. Mr. EXON. Mr. President, I move to contains a sanction against the States The PRESIDING OFFICER. The reconsider the vote. in the hands of the Secretary of HHS. question is on agreeing to the amend- Mr. FORD. I move to lay that motion The Secretary, at the Secretary’s dis- ment. The yeas and nays have been or- on the table. cretion, can levy up to a 5-percent The motion to lay on the table was dered. The clerk will call the roll. withholding of a State’s welfare funds agreed to. The bill clerk called the roll. if the State fails to meet the work re- Mr. NICKLES. I announce that the AMENDMENT NO. 4950 quirements. The amendment offered in Mr. EXON. Mr. President, Senator Senator from Kansas [Mrs. KASSEBAUM] the committee provides that if a State is absent due to a death in the family. MURRAY is now scheduled for recogni- fails to meet that standard for 2 The result was announced—yeas 37, tion, I believe. Is that correct? The straight years, then it shall be penal- nays 62, as follows: Senator from Washington should be ized, without discretion in the hands of recognized, I suggest. the Secretary, by a mandatory 5 per- [Rollcall Vote No. 225 Leg.] The PRESIDING OFFICER. The YEAS—37 cent. And although there is some con- question now occurs on amendment No. fusion, it is assumed that this is a cu- Abraham Gramm McCain 4950. The Senator from Washington is mulative 5 percent, up to a total of 25 Ashcroft Grams McConnell recognized for up to 1 minute. Bond Grassley Murkowski percent of the State’s welfare pay- Mrs. MURRAY. Mr. President, the Brown Hatch Nickles ments. Burns Hatfield Pressler amendment before us strikes the provi- This is strongly opposed by the State Coats Helms Roth sion in the bill that cuts the reim- and local organizations, from the Na- Cochran Hollings Santorum bursement rate on the Summer Food Coverdell Hutchison Shelby tional Governors’ Association, the Na- Program dramatically. The bill pro- Craig Inhofe Smith tional Conference of State Legislators, D’Amato Kempthorne Thompson poses to cut 23 cents from every school the National Association of Counties, Faircloth Kyl Thurmond lunch provided in this critical summer Frahm Lott all of whom feel it denies to the Sec- program. This will have a dramatic ef- Frist Lugar retary the necessary discretion. fect, especially in our rural areas. This also will severely penalize those NAYS—62 I think we have had the debate on low-benefit States which are the most Akaka Feingold Mikulski this floor. Everyone understands the Baucus Feinstein Moseley-Braun likely to be unable to meet the work need to have good, strong nutrition for Bennett Ford Moynihan requirements. our children in order for them to learn. Biden Glenn Murray The PRESIDING OFFICER. The Sen- Bingaman Gorton Nunn The Summer Food Program is espe- ator’s time has expired. Boxer Graham Pell cially critical. Children are not bears. Bradley Gregg Pryor The Senator from Texas. Breaux Harkin Reid They do not hibernate. They need to Mr. GRAMM. Mr. President, if there Bryan Heflin Robb eat in the summer as much as they do Bumpers Inouye Rockefeller is a hallmark of this bill, it is work. If in the school year. there is one thing that every Democrat Byrd Jeffords Sarbanes I urge my colleagues to vote for this Campbell Johnston Simon and every Republican boasts about in amendment and put back in effect the Chafee Kennedy Simpson this bill, it is that it requires able-bod- Cohen Kerrey Snowe important Summer Food Program. I ied men and women to work. Conrad Kerry Specter understand the majority is willing, per- Daschle Kohl Stevens Last year’s bill simply had a one- haps, to accept this on a voice vote. If DeWine Lautenberg Thomas time penalty for not meeting the work Dodd Leahy Warner that is the case, I am more than happy requirements. Members of the Finance Domenici Levin Wellstone to oblige. Committee were concerned that a Dorgan Lieberman Wyden Mr. EXON. Mr. President, the Senate Exon Mack State, or the District of Columbia, is not in order. NOT VOTING—1 The PRESIDING OFFICER. The Sen- would simply take the 5-percent pen- alty each year rather than make a Kassebaum ate will come to order so we may pro- ceed. good-faith effort to meet the work re- The amendment (No. 4942) was re- quirements in this bill—even with the jected. Mr. EXON. Mr. President, the Senate may not have heard the closing re- ability to exempt 20 percent of welfare Mr. EXON. Mr. President, I move to recipients. Without this compounding reconsider the vote. marks by the Senator from Washing- ton. I believe she suggested the amend- provision, we have no real ability to Mr. ASHCROFT. I move to lay that produce a good-faith effort on the part motion on the table. ment has been cleared on both sides and she will accept a voice vote. of the States. The motion to lay on the table was We have had meetings between the agreed to. Mr. SANTORUM. That is our under- standing. The amendment has been House and the Senate on this issue. We The PRESIDING OFFICER. The Sen- met with the Governors. We worked ator from Nebraska. cleared on this side. We are willing to accept the amendment. out what we believe is a compromise. I AMENDMENT NO. 4941, AS AMENDED The PRESIDING OFFICER. If there hope my colleagues will stay with this Mr. EXON. Mr. President, because is no further debate, the question is on provision. If you want a work require- the substitute has failed, what remains agreeing to the amendment. ment, you have to enforce it. is—and I believe the Senator from Mis- The amendment (No. 4950) was agreed The PRESIDING OFFICER. The Sen- souri agrees—what remains is the un- to. ator’s time has expired. derlying amendment, as amended by Mr. EXON. Mr. President, I move to Mr. SANTORUM. Mr. President, I the amendments that we adopted by reconsider the vote. move to table the Graham amendment voice vote. Mr. SANTORUM. I move to lay that and ask for the yeas and nays. Consequently, I suggest we now sim- motion on the table. The PRESIDING OFFICER. Is there a ply adopt the underlying amendment The motion to lay on the table was sufficient second? as amended by voice vote as well. agreed to. There is a sufficient second. July 23, 1996 CONGRESSIONAL RECORD — SENATE S8505 The yeas and nays were ordered. and two, more frequently than not, Lugar Pressler Snowe Mack Roth Stevens The PRESIDING OFFICER. The they are with divided households where McCain Santorum Thomas question is on agreeing to the motion brothers and sisters would be eligible. McConnell Shelby Thompson to lay on the table amendment No. The cost will be $1 billion in 6 years, af- Murkowski Simpson Thurmond 4952. The yeas and nays have been or- fecting 450,000 children that at one Nickles Smith Warner dered. The clerk will call the roll. time or another might take advantage NOT VOTING—1 The assistant legislative clerk called of the system. Kassebaum the roll. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. On this Mr. NICKLES. I announce that the ator from Delaware has 1 minute. vote, the yeas are 51, and the nays are Senator from Kansas [Mrs. KASSEBAUM] Mr. ROTH. Mr. President, I oppose 48. Three-fifths of the Senators duly is absent due to a death in the family. the Kennedy amendment. It would seri- chosen and sworn, not having voted in The result was announced—yeas 56, ously erode fundamental welfare re- the affirmative, the motion is rejected, nays 43, as follows: form as it relates to noncitizens. The and the amendment falls. [Rollcall Vote No. 226 Leg.] amendment does not just apply to chil- Mr. KENNEDY addressed the Chair. YEAS—56 dren who are already here. The exemp- Mr. DOMENICI. Mr. President, I Abraham Ford Mack tion applies to those who will come to move to reconsider the vote by which Ashcroft Frahm McCain the United States in the future, as the motion was rejected. Bennett Frist McConnell well. Mr. KENNEDY. I move to lay that Bond Gorton Murkowski The bill provides for a 5-year ban on Bradley Gramm Nickles motion on the table. Brown Grams Pressler Federal means-tested benefits, includ- The motion to lay on the table was Burns Grassley Roth ing cash, medical assistance, housing, agreed to. Campbell Gregg Santorum food assistance, and social services. Chafee Hatch Shelby The PRESIDING OFFICER. The Sen- Coats Hatfield Simpson The Kennedy amendment creates a new ator from Massachusetts. Cochran Helms Smith exception to all these benefits to aliens MOTION TO WAIVE THE BUDGET ACT— Cohen Hollings Snowe under age 18. It is the taxpayer, not the AMENDMENT NO. 4956 Coverdell Hutchison Specter families and sponsors of the children, Craig Inhofe Stevens Mr. KENNEDY. Mr. President, I be- who will assume the responsibility for D’Amato Kempthorne Thomas lieve that it is in order now for the DeWine Kohl Thompson their needs. This is the wrong signal to consideration of my other amendment. Domenici Kyl Thurmond send to those who would come here for Faircloth Lott Warner Am I correct that the time allocated is opportunity, not a handout, and for the Feingold Lugar 1 minute and 1 minute in opposition? Is families here who pay for those bene- that correct? NAYS—43 fits. The PRESIDING OFFICER. The Sen- Akaka Glenn Moseley-Braun The Kennedy amendment would re- Baucus Graham Moynihan ator is correct. sult in a loss of substantial savings in Biden Harkin Murray Mr. KENNEDY. Mr. President, this Bingaman Heflin Nunn the bill. I urge my colleagues to vote amendment is a very simple and fun- Boxer Inouye Pell against the Kennedy amendment and damental amendment, but it is one Breaux Jeffords Pryor uphold the budget point of order Bryan Johnston Reid that is desperately important to coun- against it. Bumpers Kennedy Robb ty hospitals and to rural hospitals Byrd Kerrey Rockefeller The PRESIDING OFFICER. The around the country. Conrad Kerry Sarbanes question is on the motion to waive the Daschle Lautenberg Simon The effect of this amendment would Dodd Leahy Wellstone Budget Act. be to defer the Medicaid prohibitions of Dorgan Levin Wyden The yeas and nays have been ordered. the welfare provisions for legal immi- Exon Lieberman The clerk will call the roll. Feinstein Mikulski grants for 2 years so that the local hos- The bill clerk called the roll. pitals are able to accommodate the NOT VOTING—1 Mr. NICKLES. I announce that the provisions of this legislation. Under Kassebaum Senator from Kansas [Mrs. KASSEBAUM] the provisions of the legislation, all The motion to lay on the table the is absent due to a death in the family. immigrants would be prohibited from amendment (No. 4952) was agreed to. The PRESIDING OFFICER. Are there the day that they enter the United MOTION TO WAIVE THE BUDGET ACT— any other Senators in the Chamber de- States, and all of those who are in this AMENDMENT NO. 4955 siring to vote? country, any State could knock them The PRESIDING OFFICER. The The yeas and nays resulted—yeas 51, out in January of next year. question is on agreeing to amendment nays 48, as follows: Probably the most important health No. 4955 offered by the Senator from [Rollcall Vote No. 227 Leg.] facilities that we have in this country Massachusetts [Mr. KENNEDY]. YEAS—51 in many respects are not the teaching The PRESIDING OFFICER. The Sen- Akaka Feingold Levin hospitals but the county hospitals that ator from Massachusetts is recognized Baucus Feinstein Lieberman provide emergency assistance. If we for up to 1 minute. Biden Ford Mikulski put this enormous burden—and it esti- Bingaman Glenn Moseley-Braun Mr. KENNEDY. Mr. President, this Boxer Graham Moynihan mated to be $287 million over the pe- amendment is about children. It is Bradley Harkin Murray riod of the next 2 years; that is the cost about the children of legal immigrants. Breaux Hatfield Nunn of it—it is going to have an impact on Bryan Hollings Pell It is also about deeming. What we are Bumpers Inouye Pryor Americans because the county hos- saying is, under this program, legal im- Campbell Jeffords Reid pitals are going to deteriorate in qual- migrant children are not going to be Chafee Johnston Robb ity; they are going to be inundated excluded from the range of benefits. We Cohen Kennedy Rockefeller with additional kinds of cases that Conrad Kerrey Sarbanes are saying you are deemed to the per- Daschle Kerry Simon they are not going to be compensated son that is going to sponsor you. If Dodd Kohl Specter for; and they are not going to be able that person that sponsors you runs into Dorgan Lautenberg Wellstone to treat Americans fairly or equitably. hard times, we will not deny the chil- Exon Leahy Wyden All we are asking for is a 2-year pe- dren the benefits they would otherwise NAYS—48 riod. receive. That is half the legal immi- Abraham Craig Grassley This is endorsed by the American grants’ children. Ashcroft D’Amato Gregg Hospital Association, the National As- Bennett DeWine Hatch The other half have no sponsor—no Bond Domenici Heflin sociation of Public Health Hospitals, sponsor—have no one to deem to be- Brown Faircloth Helms the National Associations of Children’s cause they are the children of those Burns Frahm Hutchison Hospitals, community health centers, who come here under the work permit. Byrd Frist Inhofe and the Catholic Health Association. Coats Gorton Kempthorne We should not exclude those individ- Cochran Gramm Kyl The PRESIDING OFFICER. The Sen- uals. They will become Americans, one; Coverdell Grams Lott ator’s time has expired. S8506 CONGRESSIONAL RECORD — SENATE July 23, 1996 Mr. ROTH addressed the Chair. The Senator from New Mexico. conclusion; 22 are gone. We would like The PRESIDING OFFICER (Mr. Mr. DOMENICI. Mr. President, I be- just three votes on those three waivers. THOMPSON). The Senator from Dela- lieve this finishes the amendments I would like to do them quickly. We ware. that were on our list as of Thursday will only ask for 2 minutes on a side to Mr. ROTH. Mr. President, the Ken- night. Those who wanted votes have debate the issues, since none of them nedy amendment would delay Medicaid had their votes. Those have been dis- have been before the Senate as a sub- restrictions on noncitizens for 2 years. posed of. stantive matter. That is the best I can In effect, the Kennedy amendment says Yesterday, Senator EXON raised an do. I hope the Senator will agree with we need welfare reform but not quite omnibus Byrd rule point of order that, I ask Senator EXON. yet. That is not good enough for those against a number of provisions con- Mr. EXON. What you are saying is who bear the cost of these programs. tained in the bill. In order to preserve three is the minimum? Let us not lose sight of this debate. our rights, I moved to waive the Budg- Mr. DOMENICI. Three is the mini- These welfare programs were not de- et Act with respect to each point of mum, but obviously we sure got rid of signed to serve noncitizens. The re- order individually. plenty of them. strictions that we have placed on non- At this time, I now withdraw my mo- Mr. EXON. I withdraw my objection. citizens have broad bipartisan support. tions to waive with respect to all but The PRESIDING OFFICER. Is there a This is no time to turn our backs on re- the following three provisions: No. 1, sufficient second? There appears to be a sufficient sec- form. The Kennedy amendment would section 408(a)(2), which is known as the result in a loss of substantial savings ond. family cap; No. 2, section 2104, which The yeas and nays were ordered. in the bill. deals with services provided by chari- Mr. DOMENICI. Mr. President, I ask So I, therefore, urge my colleagues to table organizations; and, No. 3, section unanimous consent that there be 4 vote against the Kennedy amendment 2909, which deals with abstinence edu- minutes equally divided on each of and uphold the budget point of order cation. these points of order—two for those in against it. It is our intention to have a separate opposition and two for those who sup- The PRESIDING OFFICER. The vote on each of these three. Therefore, port it. question is on the motion to waive the I ask unanimous consent that it be in The PRESIDING OFFICER. Without Budget Act. The yeas and nays have order for me to request the yeas and objection, it is so ordered. been ordered, and the clerk will call nays on the three at this point. MOTION TO WAIVE THE BUDGET ACT—SECTION the roll. I ask for the yeas and nays. 408(A)(2) The assistant legislative clerk called Mr. EXON. Reserving right to object, Mr. DOMENICI. Mr. President, the the roll. I would simply say to my friend and first of our waivers will be the family Mr. NICKLES. I announce that the colleague from New Mexico, I appre- cap. I have already moved to waive it Senator from Kansas [Mrs. KASSEBAUM] ciate the fact he has expedited things a in the previous motion, and I now yield is absent due to a death in the family. great deal by, I think, eliminating 22 of the time to argue in favor of the waiver The PRESIDING OFFICER. Are there the 25 points of order that we raised. to Senator GRAMM of Texas. any other Senators in the Chamber Mr. DOMENICI. Correct. The PRESIDING OFFICER. The Sen- who desire to vote? Mr. EXON. I simply remind all that, ator from Texas. The yeas and nays resulted—yeas 35, for any or all of these three to be Mr. GRAMM. Mr. President, first of nays 64, as follows: agreed to, it would require 60 votes. Is all, only a tortured view of the Byrd [Rollcall Vote No. 228 Leg.] that correct? rule would say that our language on YEAS—35 Mr. DOMENICI. That is correct. the family cap does not save money. Akaka Graham Mikulski Mr. EXON. In view of that, and in But what I want to focus on here is Biden Hatfield Moseley-Braun view of the fact that time is running Bingaman Hollings Moynihan that this is not a controversial provi- Boxer Inouye Murray on, and I think we all recognize we are sion of the bill but is an integral part Chafee Jeffords Pell going to be on this bill—with closing of the overall welfare reform measure. Conrad Johnston Robb statements from the managers and the As I am sure colleagues on both sides Daschle Kennedy Sarbanes two leaders and then final passage—it Dodd Kerry Simon of the aisle will remember, we have had Exon Kohl Specter looks to me like we are going to run up serious debate over this issue. We have Feingold Lautenberg Wellstone toward 6 o’clock if we do not expedite gone back and forth. There have been Feinstein Leahy Wyden things. differences. There are some people who Glenn Levin I am just wondering—I make the sug- believe—I am one of those people—that NAYS—64 gestion to expedite things—rather than we should have a family cap and that Abraham Faircloth McCain have three separate votes, could we we ought not to give people more and Ashcroft Ford McConnell package these three into one vote? I re- more money in return for having more Baucus Frahm Murkowski Bennett Frist Nickles mind all, the chance of these motions and more children while on welfare. Bond Gorton Nunn being agreed to, with the 60-vote point There are other people who believe Bradley Gramm Pressler of order, is not very likely. But if there that we should have no family cap and Breaux Grams Pryor Brown Grassley Reid is strong feeling in the Senate on that the current incentives built into Bryan Gregg Rockefeller these, then the 60 votes would be there. the system should continue. Bumpers Harkin Roth Will the Senator consider packaging What we have in this bill is a crafted Burns Hatch Santorum the three into one vote? compromise that was adopted in com- Byrd Heflin Shelby Campbell Helms Simpson Mr. DOMENICI. First, I thank Sen- mittee with broad support. We allow Coats Hutchison Smith ator EXON for all the cooperation he States, at their option, through their Cochran Inhofe Snowe has exhibited and the efforts he made action, to opt out of the family cap if Cohen Kempthorne Stevens to expedite matters. But we have, on Coverdell Kerrey Thomas they choose. This is a broad-based com- Craig Kyl Thompson our own, taken 22 of your 25 points of promise. It has been supported on a bi- D’Amato Lieberman Thurmond order and said they are well taken. So, partisan basis, and for that reason, I DeWine Lott Warner in that respect, we have already elimi- feel very strongly that to preserve Domenici Lugar Dorgan Mack nated an awful lot of votes that could common sense in this bill in a way that have taken place. is coherent and can work, we need to NOT VOTING—1 Frankly, this is done without any- preserve this compromise language. Kassebaum body whimpering about them on this So I ask Members on both sides of The PRESIDING OFFICER. On this side of the aisle. They have all agreed the aisle to vote to waive the Byrd rule vote, the yeas are 35, the nays are 64. with my analysis and said that is good, and keep this provision in place. This Three-fifths of the Senators duly cho- save the three. provision simply says the family cap sen and sworn not having voted in the Conferring with the chairmen of the exists unless the State opts out. If affirmative, the motion is rejected and Finance Committee and the Agri- States decides that they want to con- the amendment falls. culture Committee, I arrived at that tinue to give additional cash payments July 23, 1996 CONGRESSIONAL RECORD — SENATE S8507 to those who have more and more chil- The question is on agreeing to the Mr. EXON. My apologies. We thought dren while on welfare, the States can motion to waive the Budget Act. The things were cleared. They are not. We do that. yeas and nays have been ordered. The will have to object, pending a few mo- The PRESIDING OFFICER. The Sen- clerk will call the roll. ments. Could the Senator hold off for 5 ator’s 2 minutes has expired. The legislative clerk called the roll. minutes for a chance to work this out? Mr. GRAMM. This is compromise Mr. NICKLES. I announce that the Mr. LOTT. Mr. President, I am will- language. I hope on a bipartisan basis Senator from Kansas [Mrs. KASSEBAUM] ing to do that, but I thought we had an that we will preserve this compromise. is absent due to a death in the family. agreement whereby we could get an un- Mr. EXON addressed the Chair. The PRESIDING OFFICER (Mr. derstanding of how much time—after Mr. EXON. Mr. President, I yield our DEWINE). Are there any other Senators all the days and hours that have gone time to the Senator from Louisiana. in the Chamber desiring to vote? into this bill—and we could have clos- Mr. BREAUX. Mr. President, I will The yeas and nays resulted—yeas 42, ing statements. say, in response to the Senator from nays 57, as follows: That is fine, to have final statements Texas, that there is bipartisan agree- as to the position of the various Sen- [Rollcall Vote No. 229 Leg.] ment, and the bipartisan agreement is ators on what is in this legislation; it that this is a bad idea: The National YEAS—42 was with the understanding that we Governors’ Association, the NGA, Abraham Gorton McConnell would also go ahead and get the agree- headed by Gov. Tommy Thompson, who Ashcroft Gramm Murkowski Bennett Grams Nickles ment and go to conference. I think is a leading Republican, op- Bond Grassley Pressler Mr. EXON. We also thought that we poses this measure. The NGA, in their Brown Gregg Roth had an agreement, but I am sure you letter to all Members of the Congress, Burns Helms Santorum have had exceptions on your side, as we Coats Hutchison Shelby have, and in the best of times they do say very clearly: Cochran Inhofe Simpson The NGA supports a family cap as an Coverdell Kempthorne Smith not always work out. option rather than as a mandate to Craig Kyl Stevens I do not think it is a lengthy delay. prohibit benefits to additional children D’Amato Lieberman Thomas I simply say we will try and give the Faircloth Lott Thompson Senator an answer in 5 minutes. born or conceived while the parent is Frahm Mack Thurmond on welfare. Frist McCain Warner Mr. LOTT. Can we proceed with the What this amendment does is to re- next vote? quire that the States affirmatively NAYS—57 I yield the floor. pass legislation to get out from under Akaka Exon Leahy MOTION TO WAIVE THE BUDGET ACT—SECTION Baucus Feingold Levin 2104 this mandate that people in Washing- Biden Feinstein Lugar ton are sending down to the States. Bingaman Ford Mikulski The PRESIDING OFFICER (Mr. That is why the bipartisan NGA Boxer Glenn Moseley-Braun THOMPSON). The question is on the mo- strongly opposes the provisions in the Bradley Graham Moynihan tion to waive the point of order, sec- Breaux Harkin Murray tion 2104. The yeas and nays have been bill as it is written. Bryan Hatch Nunn They would like the option to do that Bumpers Hatfield Pell ordered. if they want to, but they certainly do Byrd Heflin Pryor Mr. ASHCROFT. In moving to waive not want Washington to mandate that Campbell Hollings Reid the Budget Act, the point of order re- Chafee Inouye Robb garding the charitable organizations, I they cannot have assistance to chil- Cohen Jeffords Rockefeller dren of a family who are born while Conrad Johnston Sarbanes yield 30 seconds to my colleague from they are on welfare, simply because Daschle Kennedy Simon Indiana. DeWine Kerrey Snowe Mr. COATS. I thank the Senator. I they do not want to penalize the chil- Dodd Kerry Specter urge my colleagues to support the dren. Domenici Kohl Wellstone Ashcroft provision, which allows for Be as tough as we want to be on the Dorgan Lautenberg Wyden mothers and the parents, but not on delivery of social services through reli- NOT VOTING—1 gious charities. I urge this for two the children. In addition to that, the Kassebaum compelling reasons. Catholic Bishops’ Conference, which First, it is much more cost effective has been very active, along with a The PRESIDING OFFICER. On this question, the yeas are 42, the nays are than the current Federal bureaucratic number of other groups, feels very system. Utilization of facilities that strongly this legislation should not 57. Three-fifths of the Senators duly chosen and sworn not having voted in are already there, that are neighbor- have the mandate the bill currently hood based and utilizating volunteers has. They say very clearly that this the affirmative, the motion is rejected, and the point of order is sustained. makes delivery of those services far provision would result in more poverty, more efficient than the Government hunger and illness for poor children. Mr. DOMENICI. I move to reconsider the vote. can do. This is something that gets me. They Second, they get better results. Sur- Mr. LOTT. I move to lay it on the say, ‘‘We urge the Senate to reject this vey after survey, in hearing after hear- table. measure which would encourage abor- ing that we have conducted in the Chil- The motion to lay on the table was tions and hurt children.’’ dren and Families Subcommittee on agreed to. I am not sure everybody comes down Labor and Human Resources has prov- on these, but I think when you have Mr. LOTT. Mr. President, I ask unan- en the effectiveness in doing this. I the Catholic Bishops’ Conference say- imous consent that immediately fol- urge my colleagues to support the ing, if a mother is faced with that lowing the third reading of H.R. 3734, Ashcroft amendment. choice, abortion becomes a real option, the following Senators be recognized I yield back the balance of my time. they think they should not be encour- for up to 5 minutes each for closing re- Mr. ASHCROFT. Mr. President, there aged and, therefore, they do not sup- marks: Senator MOYNIHAN, Senator is a real reason to employ the services port Washington mandating that ROTH, Senator EXON, Senator DOMEN- of nongovernmental charitable organi- States have to take a certain action. ICI; I further ask that following the zations in delivering the needs of indi- Let them have the option. conclusion of these remarks, the floor viduals who require the welfare state. If we strike this provision, the State managers be recognized, Senator Despite our good intentions, our wel- has the option to deny additional bene- DASCHLE to be followed by Senator fare program and delivery system have fits to additional children if they want LOTT, for closing remarks utilizing been a miserable failure. Yet, Ameri- to, but we should not be dictating to their leader time. ca’s faith-based charities and non- the States on a block grant welfare The PRESIDING OFFICER. Without governmental organizations, from the program how they have to handle this objection, it is so ordered. Salvation Army to the Boys and Girls situation. Mr. LOTT. I further ask immediately Clubs of the United States have been I strongly urge that we not move to following passage of H.R. 3734, the Sen- very successful in moving people from waive the Byrd rule. ate request—— welfare dependency to the independ- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. If the ence of work and the dignity of self-re- ator’s time has expired. majority leader will suspend. liance. S8508 CONGRESSIONAL RECORD — SENATE July 23, 1996 The legislation that we are consider- makes a decision. I think we should zations that currently deliver social ing is a provision that was in the Sen- not waive this. services under Federal contract. Reli- ate welfare bill that passed last year. It The PRESIDING OFFICER. The gious organizations currently contract passed the Senate by an 87 to 12 mar- question is on agreeing to the motion. to deliver social services for the Fed- gin. President Clinton’s veto of that The yeas and nays have been ordered. eral Government. They do so separate bill last year was not related to this The clerk will call the roll. from their religious activities, keeping measure. I spoke to the President The assistant legislative clerk called separate accounts, for instance. about it personally. In his State of the the roll. Under the bill’s language, neither the Union Address, just a few weeks later, Mr. NICKLES. I announce that the Federal Government nor a State may he indicated the need to enlist the help Senator from Kansas [Mrs. KASSEBAUM] refuse to contract with an organization of charitable and religious organiza- is absent due to a death in the family. based on the religious character of the tions to provide social services to our The PRESIDING OFFICER (Mr. organization, but if a recipient of those poor and needy citizens. ABRAHAM). Are there any other Sen- benefits objects to the religious char- Based upon the record of this Senate, ators in the Chamber desiring to vote? acter of an organization from which which voted 87–12 in favor of such a The yeas and nays resulted—yeas 67, that individual would receive assist- concept last year after a thorough de- nays 32, as follows: ance, the State must provide that indi- bate and consideration, based upon the [Rollcall Vote No. 230 Leg.] vidual with assistance from an alter- support of the Executive, based upon YEAS—67 native provider that is ‘‘accessible’’ to the record of welfare as a failure and Abraham Frist McCain the individual. So if a religious organi- the need to employ and tap the re- Ashcroft Gorton McConnell zation is currently delivering services Baucus Gramm Mikulski in a way that is consistent with the source of nongovernmental, charitable, Bennett Grams Moynihan religious, and other organizations, I Biden Grassley Murkowski Constitution but an individual objects urge the Senate to pass this motion to Bingaman Gregg Nickles to that institution having the con- waive the Budget Act. Bond Hatch Nunn tract, that individual could precipitate Bradley Hatfield Pressler an expensive bureaucratic second track Mr. EXON addressed the Chair. Breaux Heflin Roth The PRESIDING OFFICER. The Sen- Brown Helms Santorum for the delivery of services for that one ator from Nebraska. Burns Hutchison Sarbanes individual. While this may not be the Campbell Inhofe Shelby intent of the bill’s language, it could Mr. EXON. Mr. President, I speak in Coats Inouye Simpson opposition to the amendment. I simply Cochran Johnston Smith easily lead to that. point out to all that, in my opinion, Cohen Kempthorne Snowe It is ultimately the Constitution this is a direct violation of the church- Coverdell Kerrey Stevens which determines under what condi- Craig Kerry Thomas tions religious organizations can be and-state relationship. D’Amato Kohl Thompson I yield the remainder of my time to DeWine Kyl Thurmond contracted with by the Federal or my colleague from Illinois. Dodd Lieberman Warner State governments for the delivery of The PRESIDING OFFICER. The Sen- Domenici Lott Wellstone publicly funded social services. The Faircloth Lugar statute cannot amend the Constitu- ator from Illinois is recognized. Frahm Mack Mr. SIMON. Mr. President, I think tion. Indeed, this bill’s language we have to look at this very carefully. NAYS—32 purports to require, in section 2104c, It provides that States can contract for Akaka Feinstein Moseley-Braun that programs be implemented consist- Boxer Ford Murray ent with the establishment clause of welfare delivery with charitable, reli- Bryan Glenn Pell gious, or private organizations. I have Bumpers Graham Pryor the U.S. Constitution. What the bill’s no objection to charitable or private Byrd Harkin Reid language therefore unwittingly does is Chafee Hollings Robb confuse rather than expand. organizations, but we have been very Conrad Jeffords Rockefeller MOTION TO WAIVE THE BUDGET ACT—SECTION careful in this church-and-state area. Daschle Kennedy Simon My father happened to be a Lutheran Dorgan Lautenberg Specter 2909 minister. I believe in the effectiveness Exon Leahy Wyden The PRESIDING OFFICER. The Feingold Levin of religion not only in our personal question is now on agreeing to the mo- lives, but in giving stability to our Na- NOT VOTING—1 tion to waive section 2909. There are 4 tion. We have been careful. For exam- Kassebaum minutes equally divided. The Senate ple, we permit religious schools to have will come to order. The PRESIDING OFFICER. On this The Senator from New Mexico. some school lunch money. We permit vote the yeas are 67, the nays are 32. Mr. DOMENICI. Mr. President, I be- some title I funds. We permit, under Three-fifths of the Senate duly chosen lieve the regular order would be Sen- certain circumstances, assistance for and sworn having voted in the affirma- ator FAIRCLOTH, and he has 2 minutes. disabled people that can be provided to tive, the motion is agreed to. Is that correct? religious organizations. But, under Mr. DOMENICI. Mr. President, I The PRESIDING OFFICER. The Sen- this, what we do is we not only say move to reconsider the vote. ator is correct. that religious organizations do not Mr. EXON. I move to lay that motion Mr. DOMENICI. Regular order, need to alter their form of internal on the table. please, Mr. President. governance—I have no objection to The motion to lay on the table was The PRESIDING OFFICER. The Sen- that—or remove icons, Scripture, or agreed to. ator from North Carolina is recognized. other symbols—I personally have no Mr. LEVIN. Mr. President, I opposed Mr. FAIRCLOTH. Mr. President, in objection to that, though I know some the motion to waive the Byrd rule 1994, when President Clinton sent his who do—we permit churches and reli- point of order against the language of first welfare reform bill to Congress, he gious organizations to propagate peo- section 2104 which would provide a spe- said that preventing teenage pregnancy ple before they can get assistance. I cific authorization for States to con- and out-of-wedlock births was a criti- think that clearly crosses the line in tract with charitable, private, or reli- cal part of welfare reform. I hope we all church/state relations. I think a hun- gious organizations to provide services could agree with the President on that gry person should not have to be sub- under this act. States, without this point and also agree to waive the point jected to a religious lecture from a Lu- provision, are able to enter into such of order against the funding for absti- theran, a Catholic, a Jew, or a Muslim contracts provided that they are con- nence education programs. before they get assistance. What if sistent with the establishment clause Abstinence education programs someone objects? If someone ob- of the Constitution and the State con- across the country have shown very jects—— stitution and statutes of the State in- promising results in reducing teenage The PRESIDING OFFICER. The time volved. Therefore, I believe this provi- pregnancies and reducing the teenage of the Senator has expired. sion is unnecessary. pregnancy rate, and it deserves to be Mr. SIMON. I will close by saying, I also voted against the language be- expanded with Federal assistance. This within a reasonable period, you appeal cause it could inadvertently actually provision does not take funds from ex- to the State, and the State eventually create a headache for religious organi- isting programs and will be a critical July 23, 1996 CONGRESSIONAL RECORD — SENATE S8509 help in meeting the bill’s goal of reduc- Mr. DOMENICI addressed the Chair. The PRESIDING OFFICER. Are there ing out-of-wedlock births. The PRESIDING OFFICER. The Sen- any other Senators in the Chamber Mr. President, our colleagues on the ator from New Mexico. who desire to vote? other side have asked us repeatedly to Mr. DOMENICI. Mr. President, Sen- The yeas and nays resulted—yeas 52, consider the children. Abstinence edu- ator FAIRCLOTH has yielded me his re- nays 46, as follows: cation is an effective means to help maining 30 seconds. [Rollcall Vote No. 231 Leg.] children avoid the trap of teenage preg- Mr. President and fellow Senators, YEAS—52 nancy. I urge my colleagues to vote to Senator FAIRCLOTH is suggesting some- Abraham Frist McConnell waive the Budget Act on this provision. thing here that I believe we ought to Ashcroft Gorton Murkowski Mr. EXON addressed the Chair. try. What he is saying is we have tried Bennett Gramm Nickles The PRESIDING OFFICER. The Sen- so many things with reference to teen- Biden Grams Nunn ator from Nebraska. Bond Grassley Pressler age pregnancy, why not try a program Brown Gregg Roth Mr. EXON. I yield our time to the that says to our young people: We Burns Hatch Santorum Senator from Washington. would like to give you the advantages Campbell Hatfield Shelby The PRESIDING OFFICER. The Sen- of abstinence. Coats Heflin Simpson ator from Washington is recognized. Cochran Helms Smith Now, you do not have to believe in Coverdell Hutchison Specter The Senate will come to order, that; you do not have to be an advocate Craig Inhofe Stevens please. of it, but you ought to give it a try. D’Amato Kempthorne Thomas Mrs. MURRAY. I thank the Chair. We have tried all kinds of things DeWine Kyl Thompson Mr. President, the bill before us Domenici Lott Thurmond under the rubric of Planned Parent- Exon Lugar Warner takes $75 million from the Maternal hood and yet anybody that tries to sug- Faircloth Mack and Child Health Block Grant Program gest and receive funding for a program Frahm McCain to fund the abstinence program. I am that does this cannot be funded. I be- NAYS—46 sure that everyone here can agree ab- lieve it ought to be funded, and I think Akaka Feinstein Mikulski stinence is important. However, I we ought to waive the Budget Act. I Baucus Ford Moseley-Braun strongly urge my colleagues not to commend the Senator for this sugges- Bingaman Glenn Moynihan allow us to rob the Maternal and Child tion. Boxer Graham Murray Health Block Grant Program to fund Bradley Harkin Pell I yield the remainder of my time. Breaux Hollings Pryor this abstinence program. The PRESIDING OFFICER. The Bryan Jeffords Reid The maternal and child health block question is now on agreeing to waive Bumpers Johnston Robb grant provides critical dollars for pre- Byrd Kennedy Rockefeller the Budget Act. Chafee Kerrey Sarbanes natal care, newborn screening, and care Mr. DOMENICI. Mr. President, I am Cohen Kerry Simon for children with disabilities. It pro- sorry; I should have gotten your atten- Conrad Kohl Snowe vides for vital resources like parent tion sooner. On behalf of the majority Daschle Lautenberg Wellstone education, health screenings and im- Dodd Leahy Wyden leader, we are now prepared to enter Dorgan Levin munization, children preventive dental into an agreement. Feingold Lieberman visits, and sudden infant death syn- The PRESIDING OFFICER. The Sen- NOT VOTING—2 drome counseling. ate will please come to order. I am sure my colleagues will agree Inouye Kassebaum UNANIMOUS-CONSENT AGREEMENT we should not reduce these vital re- Mr. DOMENICI. I ask unanimous The PRESIDING OFFICER. On this sources by 13 percent. I have a chart consent that immediately following vote, the yeas are 52, the nays 46. here showing how much that will re- the third reading of H.R. 3734, the fol- Three-fifths of the Senators duly cho- duce each State’s allocation if you are lowing Senators be recognized for up to sen and sworn not having voted in the interested. 5 minutes for closing remarks: Sen- affirmative, the motion is rejected, and Let me read quickly to you from the ators MOYNIHAN, ROTH, EXON, and DO- the point of order is sustained. Association of State and Territorial MENICI. Further, I ask that following Mrs. MURRAY. Mr. President, I Health Officials, who say: the conclusion of the remarks of the move to reconsider the vote by which State health officers object to the new set- four managers, Senator DASCHLE be the motion was rejected. aside on the grounds that states, not the fed- recognized to be followed by Senator Mr. LEVIN. I move to lay that mo- eral government, are better able to decide tion on the table. LOTT for closing remarks utilizing what programs are necessary and effective The motion to lay on the table was for their communities. State health officials leaders’ time. share the laudable goals of reducing unin- The PRESIDING OFFICER. Without agreed to. tended pregnancies and exposure to sexually objection, it is so ordered. POINTS OF ORDER transmitted diseases. In fact, abstinence edu- Mr. DOMENICI. I ask unanimous The PRESIDING OFFICER. The cation is an integral component of most ma- consent that immediately following Chair informs the Senate that there ternal and child health programs. Ironically, the passage of H.R. 3734, the Senate in- are 22 points of order remaining. The due to the new administrative costs states sist on its amendments, request a con- Chair sustains all but the 15th point of will incur and the reduction of overall block grant funds, this set-aside will actually do ference with the House on the disagree- order raised against section harm to states’ overall abstinence promotion ing votes thereon, and the Chair be au- 409(a)(7)(C). efforts. thorized to appoint conferees on the Mr. KEMPTHORNE. Mr. President, Mr. President, if we agree that absti- part of the Senate, all without further yet again during the 104th Congress we nence—— action or debate. find ourselves debating welfare reform Mr. EXON. Mr. President, the Senate The PRESIDING OFFICER. Without on the floor of the Senate. It is regret- is not in order. I can hardly hear the objection, it is so ordered. table that we even have to take the Senator. VOTE ON MOTION TO WAIVE THE BUDGET ACT— time to debate this issue. We have al- The PRESIDING OFFICER. The Sen- SECTION 2909 ready twice passed solid welfare reform ate will please come to order. The question is on agreeing to the plans which would give States the nec- The Senator from Washington is rec- motion to waive the Budget Act. The essary flexibility to truly provide for ognized. yeas and nays have been ordered. The the unique needs of the less fortunate Mrs. MURRAY. I thank the Chair. clerk will call the roll. in their States. Unfortunately, the Mr. President, if we agree abstinence The legislative clerk proceeded to President’s vetoes of the two previous programs are vital, fine; let us pay for call the roll. welfare reform proposals has left us them. But let us not steal from the Mr. NICKLES. I announce that the with no real reform and has left States critical maternal and child health pro- Senator from Kansas [Mrs. KASSEBAUM] floundering. grams that are so important to so is absent due to a death in the family. Just over 10 months ago, I stood here many parents across this country. I Mr. FORD. I announce that the Sen- on the Senate floor and said that wel- urge my colleagues to vote no on the ator from Hawaii [Mr. INOUYE] is nec- fare reform was long overdue. It still motion to waive the Budget Act. essarily absent. is. We all know the welfare system in S8510 CONGRESSIONAL RECORD — SENATE July 23, 1996 this Nation is seriously flawed. Main- It is time we let the States, like Idaho, reform a failed and broken welfare sys- taining the status quo is not only not implement reforms, rather than just tem, a system which has dragged the an option, I believe it is morally write about them. most vulnerable of our population into wrong. We must break the cycle of pov- Idaho’s concerns are not unique. a pit of dependency. erty which our current system has per- Many of the States see the same prob- We must stop this cycle. We must petuated. As Franklin Delano Roo- lems with the current welfare system. give these families the hope and help sevelt once said, ‘‘The lessons of his- At the same time, the best manner in they deserve. This legislation would do tory show conclusively that continued which to address these concerns varies just that. dependence upon relief induces a spir- considerably across the Nation. A This legislation reforms the old sys- itual and moral disintegration fun- cookie-cutter, one-size-fits-all ap- tem into a new one. This legislation damentally destructive to the national proach simple does not fit in a diverse will take a system of degrading, esteem fiber. To dole out relief in this way is nation. That is why we must finally let depleting handouts and transform it to administer a narcotic, a subtle de- go of Federal control. into a transitional system of support stroyer of the human spirit.’’ If we are I believe the welfare reform debate is that helps families gain work experi- to restore that spirit, we must give about one word—freedom. It is the free- ence, training, and self-sufficiency. those on welfare a fighting chance—a dom of State and local governments to This bill creates a system that gives chance I believe they want—to once decide how best to provide assistance beneficiaries a leg up and not a shove again become contributing members of to the needy. It is the freedom of the down. our society. various levels of government to create In watching the Olympic long-dis- After debating this issue for months, innovative ways to meet the unique tance cycling event a few nights ago, I believe it is safe to say that a major- needs of the downtrodden in their city, my heart went out to those athletes ity of Members of Congress recognize county or State. It is the freedom to who had trained so hard, but who had that the only true way to reform the follow local customs and values rather hit ‘‘the wall,’’ that point in an endur- welfare system is to turn it over to the than Federal mandates. I have said for ance contest when the goal seems over- States. True reform, innovative re- some time that when the Government whelming and when it seems impos- form, will come from the States, and tries to establish a one-size-fits-all, sible to take another step or pedal an- we should give them the opportunity to cookie-cutter approach to address a other foot. Mr. President, many of our welfare prove that they are capable of making perceived need, it ignores the unique recipients under our current system the changes the system needs. Turning circumstances which are so important have faced the wall. Our current sys- these programs over to the States will in developing the best way to address tem is one that simply encourages de- provide them with the opportunity to that need. pendence; an individual’s self-esteem is shape poverty-assistance programs to I do not want anyone in this country shattered; when a better life seems be- meet local needs. It will provide States who is struggling to make something yond reach; and it becomes easier to and local officials with the change to of themselves, regardless of the State use their own creativity and their own quit and accept the help of others. in which they reside, to be hampered in This legislation will help American intimate knowledge of the people’s their efforts because of rules and regu- families climb over the wall of poverty. needs to address their problems. And lations which ignore the fact that this It will build self-confidence and hope we do not make them go through a se- Nation is not uniform—that people in for the future on a foundation of work ries of bureaucratic hoops in order to all areas of the country have unique and accomplishment. get a waiver to do so. circumstances which simply cannot be Yet, Mr. President, welfare recipients Mr. President, my home State of addressed in one prescriptive Federal are not the only ones who have hit the Idaho is currently in the process of ap- package. What I hope to do, what I be- proverbial wall with our welfare sys- plying for just such a waiver. In order lieve this legislation does, is give cur- tem. The taxpayers have hit it too. to get to this point, the Governor ap- rent and future welfare recipients the Frankly, while they are a compas- pointed a Welfare Reform Advisory freedom to break out of poverty. sionate people, while they want to help Council which met with people in com- Mr. President, this bill is also about those who are less fortunate, they also munities around the State to solicit freedom for those who are already on want to see personal responsibility and suggestions on how the current system welfare, or who are at risk of entering individual effort restored as a quid pro could be reformed. From those meet- the welfare rolls. Under the current quo to receiving help. ings came 44 specific proposals for system, generations have grown up Americans have become frustrated making welfare work. These rec- without knowing the satisfaction of that the increasing billions of dollars ommendations fall into four cat- work and personal improvement. The we spend on the war on poverty is not egories: Making welfare a two-way value of family has been ignored, aid- reducing poverty. It is not building agreement and limiting availability; ing the increasing rate of illegitimacy. strong families. It is just not working. mandatory work requirements and im- And possibly worst of all, children have Mr. President, the legislation before provements to the child care system been raised without hope in a system us today would create a transitional which will allow recipients with young that does more to continue poverty system. One that stresses temporary children to work; new eligibility stand- than to break the welfare cycle. For far assistance and not a permanent hand- ards which focus on maintaining the too many, the system offers no incen- out. It requires that beneficiaries go to integrity of the family structure; and tives and no promise of a better future. work and get the training and edu- improving child support enforcement. For more than 30 years, we have tried cational skills they need to get and The people of Idaho have spoken on to dictate to the States how best to keep a job. No longer will beneficiaries the directions in which they wish to go take care of their needy. After 30 years, be able to get something for nothing. with welfare reform. Unfortunately, it is time to accept that the experi- This system will give them the help the requirement to attain waivers is ment is a failure. And thus, it is time they need to get into a job and move preventing these reforms from being we let the States take control and de- into self-sufficiency. enacted. To make matters worse, not velop their own solutions to the prob- Mr. President, this bill gives the only is the system not being reformed, lem of poverty in this Nation. States the flexibility they need to de- but limited, vital resources are being Mr. HATCH. Mr. President, three sign the best systems they can to ad- used to apply for the waivers instead of times in the last year we have stood on dress their unique mix of economic cli- for helping the needy. The current this floor to debate welfare reform. The mate, beneficiary characteristics, and process is slow, time consuming, and first time, the bill passed the Senate by resources available. The Federal Gov- inefficient. This is why block grants a large bipartisan majority, 87 to 12. ernment cannot be responsive to local are so necessary. The people of Idaho Yet, the President has vetoed it. He conditions but the States can. want a system which helps the truly has since vetoed welfare reform legisla- This bill moves the decisionmaking needy, and they have worked diligently tion twice more. and system design authority to the to plan just such a system. Instead, Today, we are standing here again. States where it belongs. It doesn’t sim- they are given additional bureaucracy. We have yet again passed legislation to ply leave Federal funds on the stump July 23, 1996 CONGRESSIONAL RECORD — SENATE S8511 as some have suggested. States are re- children of families where the adult tee of success. This is very risky policy quired to submit their plans and live parent is no longer eligible for assist- and we will no longer have a mecha- up to them. They must serve their ance. I would prefer a bill which pro- nism for guaranteeing a national safe- needy populations and provide them tects legal immigrants who have be- ty net for our poorest families. the resources necessary to move them come disabled. Perhaps if we were more concerned into jobs and self-sufficiency. So the decision is a difficult and a with moving people from welfare to This legislation is the fourth time close one. On balance, however, I be- work rather than just moving people the Senate has passed welfare reform lieve that it is so critical that we re- off welfare we would be making a real legislation. This is yet another chance form the broken welfare system which start. However, I am not convinced for the President to honor his pledge to currently serves the American tax- that merely putting a time limit on ‘‘reform welfare as we know it.’’ It is payer and America’s children poorly, benefits will lead to employment. I am another chance for all of us to throw that it is necessary to move this legis- not convinced that this legislation over a system that provides no real lation forward to the next stage. ends welfare as we know it, it just ends hope, no real help, no real progress. I believe that it is particularly im- welfare. American low-income families deserve portant that partisanship not dominate In the end Mr. President, the changes more and so do the American tax- the conference between the House and we contemplate today will take away payers. Senate. I am hopeful that the congres- from those least able to afford it and Mr. LEVIN. Mr. President, the sional leadership work with the Presi- will have a devastating impact on chil- present welfare system does not serve dent to forge a final bipartisan welfare dren’s health, education, nutrition, and the Nation well. It does not serve fami- reform bill behind which we can all safety. Providing adequate assistance lies and children well. It does not serve close ranks. for our children will save money in the the American taxpayer well. Mr. GLENN. Mr. President, I rise long run and be cost effective. I oppose This bill contains several provisions today to oppose what is called welfare this bill. which I hope can be moderated in the reform but is really radical change and Mr. WELLSTONE. Mr. President, the conference between the House and the a surrender of the Nation’s responsibil- people of Minnesota and of the Nation Senate and in discussion with the ity to our children. This measure ends have made it clear that they want a President. our 60-year national guarantee of aid welfare system that helps people make Meaningful reform should protect to the poor and the disadvantaged. a successful transition from welfare de- children and establish the principle Make no mistake, the poor and the dis- pendency to work. I support that goal. that able-bodied people work. It should advantaged to whom we refer are our That is why I voted for a workfare pro- tighten child support enforcement laws children. Today one in five children posal with a tough, 5-year time limit and be more effective in getting absent live in poverty and I am not convinced on welfare benefits. That workfare pro- fathers to support their children. The that this bill will improve our problem posal would move recipients quickly bill before us represents a constructive and I fear that it will only make it into jobs, requiring all able-bodied re- effort. It is an improvement over the worse. cipients to work and turning welfare bill the President vetoed last year be- I want our welfare system reformed offices into employment offices. It cause it provides more support for and I voted for an alternative Demo- would provide adequate resources for child care, requires a greater mainte- cratic welfare reform plan, the Work child care, recognizing that families nance of effort from the States, and First Act of 1996, which was based upon can’t realistically transition to the does not block grant food stamp assist- last year’s Democratic welfare pro- workplace unless their kids are being ance. And, the Senate has improved the posal. Work First promotes work while looked after. The bill was called work bill which the Finance Committee re- protecting children. It requires parents first because it provided the tools need- ported by passing amendments which to take responsibility to find a job, ed to get welfare recipients into jobs maintain current standards for Medic- guarantees child-care assistance and and to keep them in the workplace. aid and which eliminate excessive lim- requires both parents to contribute to Unfortunately, work first, the its on food stamp assistance. the support of their children. When workfare proposal I voted for, did not The funding levels in this bill are this alternative failed, I supported prevail in the Senate. Instead, we in aimed at assuring that adequate child many of the amendments to improve the Senate are faced with a bill that care resources will be available for the bill and guarantee assistance to would punish innocent children. By children as single parents make the poor children. sending an underfunded block grant to transition into work. Those levels are I am concerned that there are al- States, this bill would obliterate the significantly improved. This strength- ready far too many poor children in already frayed safety net for children. ens the work requirement because it this country. I believe that this bill Last year during this debate, the Office better assures that States can effec- will cause many more children to live of Management and Budget estimated tively move people into job training, in poverty. It is estimated that 130,185 that 1.2 to 1.5 million children would be private sector employment, and com- children in Ohio will be denied aid in pushed into poverty by such a welfare munity service jobs. 2005 because of a mandated 5-year time reform proposal. About the same num- I am particularly pleased that the limit; 52,422 babies in Ohio will be de- ber would suffer under this year’s plan. Senate approved my amendment, of- nied cash aid in 2000 because they were The deep cuts in food stamps in this fered with Senator D’AMATO, which born to families already on welfare; bill would mean that many thousands greatly strengthens the work require- 79,594 children in Ohio will be denied of children would go hungry. I will not ment in the bill. The original legisla- benefits in 2000 should assistance levels sit back and vote for consigning 1 mil- tion required recipients to work within be frozen at 1994 levels. In total, at lion children to poverty. I will not be 2 years of receipt of benefits. My least 262,000 children in Ohio would be party to actions that mean that there amendment adds a provision which re- denied benefits when these welfare pro- will be more hungry and homeless chil- quires that unless an able-bodied per- visions are fully implemented. dren in the most prosperous Nation on son is in a private sector job, school or Last year’s Senate-passed bill would Earth. job training, the State must offer, and have pushed an additional 1.2 million Unfortunately, the majority in the the recipient must accept community children into poverty. In Ohio alone, Senate did not agree to crucial im- service employment within 2 months of 43,500 children will be pushed into pov- provements to the legislation. When I receipt of benefits. erty by the bill now before us. Mr. asked that we look at the effect of this I would prefer a bill which did not President, I cannot support legislation legislation on poor children and revisit end the Federal safety net for children, that would cause this kind of unaccept- this legislation after 2 years if we find a bill like the Daschle work first legis- able harm. out that it is pushing more children lation which failed in the Senate nar- I have been concerned from the start into poverty, my colleagues turned me rowly and which I cosponsored. I would that simply washing our hands of the down. That was a clear signal to me prefer a bill which permitted noncash Federal responsibility for welfare and that the suffering of children is not voucher assistance targetted to the turning it over to States is no guaran- being taken as seriously as it should be S8512 CONGRESSIONAL RECORD — SENATE July 23, 1996 by this Congress. When several Demo- AFDC, yet 11 percent of children lived poor and people who are not poor. cratic Senators tried to allow States to in poverty. Above poverty, American families use their grants to provide vouchers for My friend, colleague and noted expert spend about 9 percent of their income children’s necessities like disperse and Senator MOYNIHAN took to the floor for child care. Below poverty, it is al- clothes after their parents reached the last week to report that more than one most 25 percent of their income. As time limits for aid, we were turned million children will be thrown off the well, as of 1993, 38 percent of working down by the majority. When several welfare roles should this legislation be- households under the poverty line are Democratic Senators tried to place come law. He said, ‘‘It is as if we are uninsured. While health care reform more humane limits on the aid legal going to live only for this moment, and legislation that passed the Senate immigrants could receive, we were let the future be lost,’’ Mr. President, unanimously languishes, this legisla- again turned down by the majority. surely what is before us is not true wel- tion, regrettably, makes health care And although we were successful in en- fare reform. It is merely a way to cut pressures even harder to bare. suring that food stamps are not block the deficit on the backs of the neediest My Democratic colleagues offered an granted, I continue to have serious under the guise of welfare reform. amendment that would have converted concerns about a bill that cuts $28 bil- Indeed, this legislation does have its funding formulas to help States—like lion from food stamps, which provide work provisions. I offered an amend- Nebraska—with larger proportions of the most basic necessities. ment accepted by both the Republican children on poverty. This provision In addition, I am very concerned that and Democratic leadership that would would have provided aid to States and this bill will drop or deny SSI benefits allow states to contract—on a dem- individuals truly in need. The Senate to over 300,000 children during the next onstration basis—with community voted this measure down, showing the 6 years. This was also a concern I had steering committees [CSC’s] to develop true failings of this legislation—it de- with the work first bill I supported ear- innovative approaches to help welfare nies aid to those who are truly in need. lier. While I admit that there are some recipients move in to the workforce. Other amendments designed to help problems in the SSI Program, we can The CSC’s, created by the amendment, children, but which failed, included an certainly address the problems through would be locally based and include edu- amendment that would have ensured more targeted reforms and regulatory cators, business representatives, social health care and food stamps for chil- changes. service providers and community lead- dren of legal immigrants, and an I have voted for workfare. Indeed, I ers. The main charge of the CSC’s amendment that would have provided voted for an amendment to strengthen would be to identify and develop job vouchers for children whose families the work requirements in this bill by opportunities for welfare recipients, have hit the 5-year term limit so that requiring able-bodies welfare recipients help recipients prepare for work they may care for the children. But to participate in community service through job training, and to help iden- these important measures—which jobs within 2 months of receiving aid. I tify existing education and training re- would have made the reform legisla- support moving families from welfare sources within the community. As tion more humane—failed on party-line to work. I believe we can accomplish well, CSC’s would focus on the needs of votes. that in a just and humane way. I do not the entire family rather than just on Mr. President, the people of the state believe, however, that the bill we have the needs of adult recipients. of Nebraska—indeed most Americans— before us today is just and humane, This is the type of work provision are strongly in favor of welfare rules and I will not vote to punish innocent that works—and I support—because it that give work a greater priority than children. encourages individuals on welfare to benefits. But much of this legislation is Mr. KERREY. Mr. President, I rise move into the work force. It provides being driven solely by the need to re- today to state my opposition to final much needed resources so that once duce the deficit and it has an ideologi- passage of the Republican welfare re- these individuals get into the work cal bent to it that says it has to be one form legislation. I will vote against force, it works to ensure they stay in way or the other. The impetus of this this legislation simply because al- the work force. But this measure alone reform is not driven by a desire to say though it portends welfare reform, it is is not enough. that the system is going to work bet- To keep a job, individuals—especially about neither welfare nor reform. ter—it is sadly about matters of politi- Let me be clear—I am certainly not parents—need other things. We need to cal expediency. against reforming our welfare system. make certain that every person who is Indeed, I have voted for welfare reform moving into the ranks of the employed By pushing mothers and an alarming in the past because I agree that the has high-quality, affordable child care; amount of children off the welfare roles current system is clearly broke and in otherwise, they are not going to be and further onto the fringe of society, dire need of repair. But if we are going able to be successful in the workplace. this legislation will do more harm than to have reform it should be meaningful We need a system that gives individ- good. From a taxpayer standpoint, a and not reform for reform’s sake. uals the opportunity to earn reason- beneficiary standpoint, and a provider For me, meaningful welfare reform able wage, and to have access to health standpoint, we need a welfare system means concentrating on preparing indi- care, education and training. These are that operates in a more efficient, effec- viduals to enter the work force. And by the elements of a system that works tive and hopefully humanitarian fash- preparing individuals to enter the work and this is the kind of system we ion. Unfortunately, this legislation force we must prepare them for all the should be working toward. does not offer the necessary reforms to challenges that lie ahead. It is impor- As a nation we need to focus our ef- bring us that system. tant to note that the No. 1 reason peo- forts on job creation, education and I yield the floor. ple enroll for AFDC benefits is divorce personal savings, as well as on mean- Mr. KYL. Mr. President, since Presi- or separation. ingful reform to our entitlement pro- dent Johnson declared his War on Pov- No doubt, the American taxpayers grams. These elements, more than any- erty, the Federal Government, under who pay for this system and those who thing else, will help to ensure a bright- federally designed programs, has spent are recipients of welfare programs er future for all working Americans. more than $5 trillion on welfare pro- want and deserve a better system. Mr. President, the legislation before grams. But, during this time, the pov- However, reform without the thought us today endeavors to move welfare erty rate has increased from 14.7 to 15.3 of consequence will do more harm than mothers into the work force, but it re- percent. good. moves valuable resources that would After trillions of dollars spent on Already 20 percent of our Nations help the individuals achieve the goal of welfare over the past 30 years, we are children live in poverty, and undoubt- employment because it lessens their still dealing with a system that hurts edly this bill will add to that total—by access to child care and health insur- children, rather than helps them. The the millions. And while AFDC caseload ance. current system discourages work, pe- has decreased in Nebraska, child pov- There is a tremendous differential nalizes marriage, and destroys personal erty continues to rise. Last year 3 per- between the relative cost of child care responsibility and, oftentimes, self- cent of children in Nebraska were on for somebody who is in the ranks of the worth. July 23, 1996 CONGRESSIONAL RECORD — SENATE S8513 According to the Public Agenda NONWORK Mr. COATS. Mr. President, in 1962, Foundation, 64 percent of welfare re- Let us deal with the facts: To escape President Kennedy, in his budget mes- cipients agree that ‘‘welfare encour- poverty and get off welfare, able-bodied sage to Congress, noted: ages teenagers to have children out of individuals must enter and stay in the The goals of our public welfare program wedlock,’’ and 62 percent agree that it workforce. As Teddy Roosevelt said, must be positive and constructive. It must ‘‘undermines the work ethic.’’ ‘‘The first requisite of a good citizen in contribute to the attack on dependency, ju- And, there are serious negative con- venile delinquency, family breakdown, ille- this Republic of ours is that he shall be gitimacy, ill health, and disability. It must sequences when a child is born out-of- able and willing to pull his own replace the incidence of these problems, pre- wedlock. Children born out-of-wedlock weight.’’ vent their occurrence and recurrence, and have a substantially higher risk of Another fact: The JOBS program strengthen and protect the vulnerable in a being born at a very low or moderately that passed as a part of the Family highly competitive world. low birth weight. Children born out of Support Act of 1988 moves a far too This statement presents the strong, wedlock are more likely to experience small number of welfare recipients into initial common ground that we share: low verbal cognitive attainment, as employment. Less than 10 percent of that Government has a legitimate role well as more child abuse, and neglect. welfare recipients now participate in in supporting our most helpless and Children born out of wedlock are more the JOBS program. desperate families with dependent chil- likely to have lower cognitive scores, In order to receive all of their block dren. lower educational aspirations, and a grant funding, under S. 1956, States Certainly, our second ground of greater likelihood of becoming teenage will be required to move toward what agreement is that an appropriate wel- parents themselves. Children born out should be their primary goal: self-suffi- fare policy should do nothing to harm of wedlock are three times more likely ciency among all their citizens. the family being supported. Families to be on welfare when they grow up. S. 1956 requires that 50 percent of a are the foundation of our Nation’s val- Who would not be full of despair and caseload be engaged in work by the ues. They teach us the principles of ec- without hope for the future when pre- year 2002. There are work components onomics, the value of relationships, sented with such a scenario? of this bill that could be strengthened and the importance of moral truths. S. 1956 seeks to change this by allow- but it provides a good beginning to- They define our view of work, respon- ing States to design programs that ward these goals. In addition, under S. sibility, and authority. They teach us counter these trends, and to change 1956 welfare recipients must be engaged the meaning of trust, the value of hon- general welfare policy so that it pro- in work no later than 2 years after re- esty, and are the wellspring of every motes work and marriage. ceiving their first welfare payment. individual’s strength against alien- STATE BLOCK GRANTS States must also lower welfare benefits ation, failure, and despair. S. 1956 replaces the current AFDC on a pro rata basis for individuals who During countless eras when no other and related child care programs with a fail to show up for required work. organized unit of society even func- general block grant and a child care ILLEGITIMACY tioned, the family was the institution block grant. Our Nation’s illegitimacy rate has in- that made survival of the cultural, po- Limited success in reforming welfare creased from 10.7 percent in 1970 to litical, economic, and social order pos- has occurred when States and localities nearly 30 percent in 1991. Eighty-nine sible. have been given the opportunity to go percent of children receiving AFDC We should agree on what a welfare their own way. In Wisconsin, for exam- benefits now live in homes in which no policy should protect—the family—and ple—and we all know that Wisconsin is father is present. what it should protect against—de- It must be reemphasized what role waiting for approval of a waiver to con- pendence on the State. We should also the breakdown of the family has played tinue to reform its welfare system—a agree that this Nation’s current wel- in our societal and cultural decline. successful program there diverts indi- fare policy has diverged greatly from This is not really even a debatable viduals from ever getting on welfare. President Kennedy’s vision. point. The facts support a devastating The Government has attempted to Under a local initiative in the city of reality. According to a 1995 U.S. Census end poverty by establishing an Riverside, CA, individuals on welfare Bureau report, the one-parent family is engorged bureaucracy and writing are staying in jobs permanently. In six times more likely to live in poverty checks, all told pouring over $5 trillion both Wisconsin and Riverside, welfare than the two-parent family. into the war on poverty. At the same rolls have been reduced. S. 1956 provides measures to combat time, individual dependence on the Arizona is a good example of why re- illegitimacy, including providing an in- Government has increased, individual form is still needed. Arizona applied in centive fund for states to reduce ille- dignity has declined, and the family July 1994 to implement a new State gitimacy rates. has been dealt a near fatal blow. welfare program, EMPOWER, based on In addition, Federal funds under the Today, there are more people living work, responsibility, and accountabil- block grants, unless a State opts out, in poverty than ever before—and the ity. It took the U.S. Department of may not be used to provide additional only thing the Government welfare Health and Human Services bureauc- assistance for mothers having addi- state has succeeded at doing is spawn- racy a full year to approve the waiver. tional children while on welfare. If the ing generations of people who will be A shift to block grants to States rules of welfare are stated clearly to a born, live, and die without ever having make sense. By allowing States to de- mother in the beginning, and if allow- held a steady job, owned a home, or sign their own programs, decisions will ances are made for noncash essentials known the strength of a two parent be more localized, and the costs of the like diapers and other items, then such family. Federal bureaucracy will be reduced. an approach is fair. If such a rule re- Individual dependence on the State NONWORK AND ILLEGITIMACY duces out-of-wedlock births, it may has increased with every Government It must be emphasized over and over turn out to be more fair than most intervention. Indeed, the population re- that there are two fundamental driving other aspects of welfare. ceiving welfare payments receives forces behind welfare dependency that Mr. President, the Congress has checks for extraordinarily long periods must be addressed in any welfare re- passed welfare reform two other times, of time. Under current law, 25 percent form bill: nonwork and nonmarriage. and twice the President has vetoed the of women can expect to receive those Nonwork and illegitimacy are key legislation. There is an urgency to the payments for more than 8 years. The underlying causes of our welfare crisis task at hand. Children’s lives are being typical recipient receives payments for and, even with the effective elimi- compromised—it is time to work to- almost 4 years. Forty percent of recipi- nation of the Federal welfare bureauc- ward a system that is recognized for ents return to the welfare rolls at least racy, they will remain as its legacy if the number of children that never need once. we choose not to address them. People to be on welfare, rather than the num- Government intervention has dis- will never get out of the dependency ber of children who are brought into torted the economic incentive system cycle if federal funds reinforce destruc- the failed welfare state. The Senate that, at least in part, motivates a per- tive behavior. should pass S. 1956. son to give of his labor. Government S8514 CONGRESSIONAL RECORD — SENATE July 23, 1996 intervention eliminates the need to and regular school attendance. Fur- tems over to the States. We will no work to support oneself and one’s fam- thermore, their AFDC benefits will be longer be treated to the spectacle of ily by providing money regardless of limited to the number of children in Governors coming to the Department whether one works. Dependence on the family within the first 10 months of of Health and Human Services to ask such a system is all but inevitable. qualifying for AFDC. Teenage recipi- permission for common-sense welfare Given time, a cash payment that is ents must live with parents or other reform measures. not tied to a requirement to work will adults. And finally, families are lim- The lesson for this protracted politi- undermine the second motivation to ited to a 2-year period of AFDC assist- cal exercise is that President Clinton work; namely, the desire to produce ance a job placement track. has abdicated leadership on welfare. In some benefit, whether tangible or in- The amendment proposed by Senator 1992, he promised to end welfare as we tangible, for oneself or for society. Who HARKIN and myself last Thursday know it. In 1995 and 1996 he fought to can doubt that a person experiencing makes it clear that States must de- preserve the status quo at every turn. such a disconnection for any pro- velop these personal responsibility Now, when pollsters and consultants tracted period of time will eventually agreements, such as those required of tell him that signing a welfare reform suffer a loss of individual dignity as families in both Indiana and Iowa. This bill might help his reelection cam- the welfare system undermines the amendment is necessary because under paign, the President has begun to edge moral and personal responsibility of current law States who wish to enter his way toward the Rose Garden for a the recipient? into this agreement with their resi- signing ceremony—a ceremony that Today however, we are turning to the dents, must first apply to Washington should have been held a year ago. issue of solutions. Whatever the pro- for a waiver of current welfare laws. Welfare reform is simply too impor- posed solution, we must gauge its effec- This requirement to get permission tant for this kind of gamesmanship. If tiveness and desirability in terms of from Washington for such common President Clinton had signed this bill a the three common grounds discussed sense reforms not only steals valuable year ago, we could have begun the dif- throughout this debate. Does our pol- time from a State’s reform efforts, but ficult task of changing a culture of de- icy foster dependence on the Govern- also represents a completely unneces- pendence and despair into a culture of ment or promote independent action by sary Government intrusion. This self-sufficiency and hope. A year later the individual? Does it promote the amendment frees States from the ex- our path has gotten longer and steeper dignity of the human person or under- tended negotiations that are now nec- and rockier. For tens of thousands the mine it? Does it destroy the family or essary to receive a Federal waiver, and habit of dependence has grown stronger build it up? enables States to move forward from while hope and will to change have I am convinced that we will only failed, dependence-ridden, welfare pro- grown fainter. The burden of this fail- achieve successful welfare reform when grams to programs which promote ure falls not on Congress—we have we begin to emphasize personal respon- independence, self-sufficiency, and done our job not once, not twice, but sibility. Unfortunately, for far too long long-term economic stability. three times. The burden of failure falls welfare programs supported by the Senator HARKIN has been a real lead- squarely on the shoulders of the Presi- Federal Government have failed to ac- er in the area of personal responsibility dent. The very least he can do now is knowledge and promote personal re- agreements, having recognized early sign this bill. sponsibility, and many other core their success in the State of Iowa. He Mr. KOHL. Mr. President, I want to American values. introduced a very similar amendment say that I believe the chairman and I would argue that the key goal of to H.R. 4 last year which was ulti- ranking member of the Subcommittee welfare reform must be to promote mately dropped in conference. This have done an excellent job in putting self-sufficiency. A beginning step to- year, personal responsibility agree- together this bill under very difficult ward self-sufficiency is to change peo- ments are found in both the House wel- budgetary circumstances. They have ple’s expectations about welfare. A re- fare reform package, H.R. 3507, and in done an exceptional job of protecting cent GAO study noted that a key chal- the President’s welfare bill. The core programs that are of utmost im- lenge for States is to learn how to amendment adopted here last Thursday portance to the Nation’s farmers, con- break the entitlement mentality—the requires States to adopt this common sumers, and communities. view that public assistance is a guaran- sense reform measure which ensures There is one provision in this bill teed benefit. States had to start help- that everyone who receives assistance that I think is of great importance and ing individuals understand that a job understands from day one that the as- deserves special mention, and that is was in their best interests. sistance is a temporary measure in- the language with regard to cost con- One successful approach to encourage tended to help the family achieve self- tainment for the WIC program. greater responsibility which is being sufficiency and independence through I think it’s fair to say that every experimented with by several States is employment. Member of the Senate supports the the use of personal responsibility Personal responsibility agreements WIC program. The long-term benefits agreements. I am proud to say that In- help raise people’s expectations while accruing to society from ensuring ade- diana has been at the forefront of help- at the same time, giving them a clear quate pre-natal and neo-natal nutrition ing individuals and families achieve goal and positive vision for their fu- have been well documented and long-term stability and self-sufficiency ture. uncontested. through the use of personal responsibil- The time has come for us to reform A large portion of the cost of the WIC ity agreements. With personal respon- our Nation’s welfare system. A year program is associated with the pur- sibility agreements, Indiana’s welfare ago we passed legislation that is nearly chase of infant formula for WIC recipi- reform plan moves families away from identical to the bill before us today. We ents. Fortunately, in recent years com- dependence and toward work. More have adjusted the bill in many ways in petition between formula manufactur- than 39,000 individuals and families in an effort to find the magic formula ers bidding for WIC contracts has led to Indiana have signed personal respon- that would satisfy the opponents of significant savings in the program, sibility agreements as of April 1996. real reform. We have produced a solid with companies offering rebates on in- Indiana’s agreements require that package that is best described as a fant formula in order to win WIC con- families who receive AFDC understand good first step. And we are told that tracts. Unfortunately, the competition that welfare is temporary assistance, President Clinton may—just may—ac- that led to these rebates has been and not a way of life. They must de- tually sign this bill. greatly diminished by the recent with- velop a self-sufficiency plan and go to This welfare bill makes several im- drawal by one of the competitors, work as quickly as possible, recogniz- portant changes to the existing sys- Wyeth Laboratories, from the WIC in- ing sanctions will be imposed for quit- tem. It ends the Federal entitlement fant formula market. Fortunately, an- ting a job, refusing to accept a job or and places strict time limits and work other formula manufacturer, Carna- dropping out of the job program. Fami- requirements on welfare recipients. tion, has recently entered the WIC for- lies must also take responsibility for Most importantly, this bill turns the mula market, which could help ensure their children’s timely immunizations task of redesigning public welfare sys- competition and therefore help contain July 23, 1996 CONGRESSIONAL RECORD — SENATE S8515 the costs of the program. However, in In Virginia we call our welfare re- opportunities to develop a number of many States, the price of Carnation form plan the Virginia Independence job skills, including computer work, formula is significantly cheaper than Program, and we have successfully and if necessary, the students are as- other brands of infant formula, which been in the implementation stage since sisted with studying for and earning a makes it difficult for Carnation to July 1, 1995. Our goals are simple and GED. They are also provided help with offer rebates as high as their competi- to the point: To strengthen disadvan- job interview preparation as well as ac- tors. However, Carnation may still be taged families, encourage personal re- tual job search and post-employment able to offer the lowest bid, if measured sponsibility, and to achieve self-suffi- support. on a lowest net price basis. ciency. Mr. President, there is tremendous Unfortunately, some States are On a quarterly basis, and as re- talent among the NEET students and awarding WIC formula contracts sim- sources become available in different graduates. Arlene Wright came to ply on the basis of which company of- State locales, we are requiring all able- NEET as a welfare recipient. Today, fers the highest rebate, as opposed to bodied AFDC recipients to work in ex- after some 7 months of training and a the lowest net price bid. The det- change for their benefits. Increased in- loan from NEET, Ms. Wright is the riments of this simplistic approach are come of up to 100 percent of the pov- proud owner and director of the Tender two-fold. First, by focusing on highest erty level is allowed while working to- Kinder Care day care center. rebate instead of lowest net price, ward self-sufficiency. Those unable to I also spoke with some of the stu- States are spending more for infant find jobs immediately will participate dents. One of the most poignant com- formula than they should. Second, by in intensive community work experi- ments came from Ray Rogers. In her biasing the WIC formula bid process to- ence and job training programs. words, Mr. President, Ms. Rogers said ward the companies offering the high- To ease the transition from depend- that NEET is the kind of program that est rebate, States are effectively ex- ence to self-sufficiency, we are also ‘‘helps you pick yourself up. You learn cluding additional competitors, such as making available an additional 12 that you can take the things that you Carnation, from the WIC formula mar- months of medical and child care as- know and apply them to a job.’’ ket, and thus jeopardizing future cost sistance. We understand that these Pick yourself up. These are very pow- containment efforts. benefits must be provided if single par- erful words. It is time that more Amer- To address this problem, the Senate ents, in particular, are going to be able icans are helped to pick themselves up Agriculture appropriations bill in- to fully participate in job training and and not just be another statistic wait- cludes language that requires States to new work opportunities. ing for another Government check. If award infant formula contracts to the Mr. President, let me sum up by say- we provide opportunity and instruction bidder offering the lowest net price, un- ing that the Federal Government has at the State and local level, there will less the State can adequately dem- been fighting President Lyndon John- be more Ms. Wrights and Ms. Rogers onstrate that the retail price of dif- son’s War on Poverty for 30 years. Ag- and Nicole Steversons and others ferent brands of infant formula within gregate Government spending on wel- whom I met yesterday in Norfolk. the State are essentially the same. fare programs during this period has Mr. FEINGOLD. Mr. President, I in- I commend the managers of the bill surpassed $5.4 trillion in constant 1993 tend to vote in favor of the pending for including this common-sense lan- dollars. Despite this enormous spend- welfare reform bill. guage, which I believe will help secure ing our national poverty rate remains Last September, I voted for the Sen- the long-term viability of the WIC pro- at about the same level as 1965. ate-passed welfare reform bill. gram. It is my hope that this provision Mr. President, the welfare system we I did so then with substantial res- will be maintained in conference. have today is badly broken and we ervations about many of the provisions Mr. WARNER. Mr. President, I am must fix it. in that bill. I do so today with many of pleased to rise in support of S. 1956, the I’d like to add a personal note to this the same kinds of reservations. Senate’s latest attempt to reform the debate. Yesterday, I had the good for- I am voting for this measure for two Nation’s welfare system. On two occa- tune to visit a true laboratory of wel- principal reasons. sions in the last year, the Congress has fare reform in Norfolk, VA. This lab- First, I believe that the current wel- sent welfare reform legislation to the oratory is entitled the ‘‘Norfolk Edu- fare system is badly broken, and we White House, and on both occasions, cation and Employment Training Cen- must find an alternative to the status our efforts have only been met with the ter’’, otherwise known as NEET. quo. No one likes the current system, veto pen. I sincerely hope that, as the Mr. President, my visit with Norfolk least of all the families trapped in an saying goes, the third time will be the city officials and the NEET employees endless cycle of dependency, poverty, charm. and students truly strengthened my be- and despair. The current system is S. 1956 is in many respects identical lief that States and local commu- plagued by perverse incentives that to H.R. 4, the welfare reform bill ap- nities—not the Federal bureaucrats in discourage work. Reforming such a proved in the Senate with my support Washington—are best equipped to help complex system requires taking some by a vote of 87 to 12 on September 19, individuals break out of welfare. risks, and this bill, any welfare reform 1995. Again we are proposing to block The city of Norfolk has done a superb measure, entails some risks. However, grant the AFDC [Aid to Families with job overseeing the NEET Program. some assumption of risk is necessary Dependent Children] program, giving There is real cooperation between the to change the status quo. over the responsibility of day-to-day city and the contracting private entity Second, I am concerned that continu- administration to the Nation’s Gov- that is running the job training center. ation of a system dominated by de- ernors, while requiring strict work re- There was a genuine pride in the faces tailed prescriptions from Federal offi- quirements for able-bodied AFDC re- of the city workers, NEET employees, cials in Washington may stifle the in- cipients, 5 year maximum eligibility, and the NEET graduates and students. novative approaches from State and limitations on non-citizens, and home I commend the city employees who local governments that can help residency and school attendance re- work with the NEET Center, and in change the status quo. quirements for unmarried teenage particular, Ms. Suzanne Puryear, the The basic premise behind this bill, mothers. director of the Norfolk Department of and much of the reform movement I am proud to report that these ac- Human Services. I would also like to today, is that the current system has tions are in keeping with the impor- commend Ms. Sylvia Powell and the failed and that we ought to allow the tant steps the Commonwealth of Vir- other fine employees at the NEET Cen- States the opportunity to try to do a ginia has already taken to reform our ter. There is outstanding talent in better job and give them the flexibility own State welfare system. What we in these two operations, and I believe the to try new approaches to these seem- Virginia have accomplished under Gov- business community in Norfolk recog- ingly intractable problems. This ap- ernor George Allen through a laborious nizes this. proach places a great deal of faith in process of gaining Federal waiver au- Without getting into all of the de- the good will of State governments to thority, the Senate is now poised to ap- tails, I would like to note that individ- implement programs designed to help, prove for the entire Nation. uals referred to the center are given not punish, needy citizens. S8516 CONGRESSIONAL RECORD — SENATE July 23, 1996

Under the framework provided by also adopted Senator DODD’s amend- carefully tailored to preserve scarce re- this legislation, States like Wisconsin ment by a vote of 96 to 0 which rein- sources while still providing humane, would have the opportunity to imple- stated critical health and safety stand- essential services to those individuals ment programs like the Wisconsin W–2 ards for licensed child care facilities. who have come to this country legally. program without the necessity of se- Second, by adopting the Chafee- I am concerned that the Senate nar- curing numerous waivers from the re- Breaux amendment relating to Medic- rowly rejected the Ford amendment quirements of current law. Indeed, pas- aid coverage for needy children, the which would have allowed States to sage of this measure will render moot Senate provided a critical safety net. provide noncash vouchers to provide much of the need for the current volu- As we endeavor to reform cash grant services for children when their fami- minous waiver application filed by the programs, it is important that access lies reached the 5-year time limit of State of Wisconsin earlier this year to medical care is not inadvertently eligibility for cash assistance. I have which has caused much controversy. sacrificed. The Chafee-Breaux amend- repeatedly voted to support allowing Although some aspects of the W–2 pro- ment reestablished these protections. vouchers in such circumstances. I gram, particularly those dealing with Had Chafee-Breaux not been adopted, I think it is a reasonable response to Medicaid services, may still require re- would not have been able to accept this make sure that young children are not view by HHS, the block grant author- bill. denied basic support when their par- ity provided for under this legislation Third, the Senate bill retains a State ents fail to make the transition into is designed to allow the broad flexibil- maintenance of effort requirement at the work force within the designated ity and State control needed to imple- 80 percent of the 1994 contribution. time period. I recognize that the bill ment State initiated welfare reform That is the provision the Senate adopt- allows a State to exempt 20 percent of programs. ed last fall which was unfortunately di- their caseloads from the time-limit As a former State legislator myself, I luted in the conference version. Res- provisions, but I do not believe that have a good deal of respect for the de- toration of this provision was also key this is adequate protection for the chil- sire of State and local officials to re- for me. Without such a maintenance of dren involved. form this system and help break the effort requirement, Federal dollars I also fear that the level of cuts in cycle of poverty for low-income fami- would simply replace State contribu- food stamp funds may be too deep, and lies. I believe that there need to be cer- tions and States like Wisconsin which will hurt needy families. These cuts tain underlying protections that are make substantial contributions to in- may need to be revisited, either in con- national in scope. For example, I be- vesting in welfare programs would have ference or in other legislation. lieve civil rights protections must be simply seen their dollars shifted to I remain uncertain about ultimate uniform throughout our Nation to as- States which fail to make these kinds wisdom of terminating our 60-year Fed- sure that the guarantees of our Federal of commitments from their State eral commitment of a guaranteed Fed- Constitution are extended to all citi- treasuries. eral safety net for young children. The zens, regardless of their place of resi- I am also pleased that the Senate Senator from New York [Mr. MOY- dence. I also believe that where Fed- struck the language providing for im- NIHAN] has been an eloquent leader in eral funds are being expended, the Fed- position of a family cap which would articulating the dangers of eliminating eral Government has an obligation to prohibit States from providing assist- this entitlement protection for needy impose certain requirements that ance for children born while a family is children and replacing it with a patch- should be universal. But States should on welfare. This is another example of work quilt of State programs. Clearly, have sufficient flexibility to design where the conference report that the there will be States that will fail to use how services are actually provided to President vetoed contained language this opportunity to enact real welfare allow them the opportunity to try out that had been rejected by the Senate. reform measures and instead, pursue new ideas and approaches. Moreover, the bill that was presented punitive measures designed to stig- For these reasons, I voted last Sep- to the Senate last week contained this matize those who seek welfare assist- tember for the Senate-passed welfare unfortunate language. However, this ance in times of need. Children in these reform bill; at that time, however, I in- family cap language was struck by a States will be harmed by not having dicated that if the bill returned from Byrd point of order. the Federal safety net that exists conference with punitive, inequitable The Senate also wisely adopted the today in the AFDC program. On the provisions, I would withdraw my sup- Conrad amendment that struck provi- other hand, if a number of the States port. Unfortunately, the conference re- sions that would have allowed block use this opportunity to help devise ef- turned a bill which incorporated provi- granting of foods stamps. Food stamps fective ways to help families move out sions that were simply unacceptable. have been the mainstay of many fami- of welfare and into the work force, The bipartisan welfare reform measure lies who have been thrown into dire many children will benefit from the that the Senate had crafted was dis- circumstances because of a sudden job higher incomes and better opportuni- carded in favor of a measure based loss, an unexpected illness that has ties they will have. upon the House-passed bill, which was sidelined the family breadwinner, or We are faced with a difficult choice, punitive in nature rather than focused other family misfortunes. Although the Mr. President. On the one hand, chil- upon helping families move from wel- bill provides strong work incentives to dren are hurt by the current system; fare to the workforce. I therefore voted make sure that individuals receiving yet, many may be hurt by the loss of against that measure. these benefits are working toward self- this Federal safety net. The bill does I am pleased to say that the Senate, sufficiency, it no longer allows this contain assessment provisions that will over the course of this debate, has safety net program to be withdrawn en- allow Congress to make changes, if crafted a measure which will make fun- tirely from needy families. necessary, if eliminating the entitle- damental changes in the Federal role Mr. President, although the Senate ment under Federal law causes undue in the welfare area and at the same rejected many onerous amendments hardships. I think those of us who vote time has rejected various provisions and provisions, there remain provisions for this experiment need to watch care- which would be harmful to those most in the bill that I don’t support. fully how it is implemented and be pre- in need. The Senate has addressed sev- This is not a reform bill that I would pared to take action if the results fall eral important issues and corrected have drafted if I had been the author. short of what we hope will occur. some of the flaws in the legislation. I believe the immigration provisions Mr. President, as I said at the outset, First, in the area of child care, the are too harsh and fail to provide the I am voting for this bill because we Senate bill provides more resources for kind of balanced response that we cannot continue the current system. I child care services than contained in strived to achieve in the immigration am hopeful that the States will seize the bill we passed last fall. Specifi- reform legislation now pending in con- this opportunity to develop approaches cally, the bill increases funding for ference. While I support the concept of that will help welfare recipients and child care services by almost $6 billion deeming, the kind of absolute ban on their families become economically to $13.8 billion from $8 billion con- assistance for many legal immigrants self-sufficient, rather than punishing tained in last year’s bill. The Senate which is contained in this bill is not those who fall through the system. I July 23, 1996 CONGRESSIONAL RECORD — SENATE S8517 believe that the problems of welfare address their own special needs and de- local level. South Dakota was fortu- policy are so complex and difficult that velop real solutions for their welfare nate to get its waiver approved to run it is a mistake to believe that there is system. South Dakota wanted a workfare program. Other States are only one approach that will work. This workfare, not welfare. The problem is, still waiting for waiver approval. This bill is intended to encourage State ex- Federal law makes it difficult to exper- waiver process reflects a basic problem: perimentation with approaches that iment with workfare, especially since a one-size-fits-all system run by Fed- will work. the current administration has sought eral bureaucrats. Welfare cannot be In the final analysis, Mr. President, to protect the current, failed system. solved one waiver at a time. Federal this vote challenges us to decide For example, in August 1993, South Da- bureaucrats have worked to preserve whether or not we want to perpetuate kota sought a Federal waiver to oper- the current, failed system by being the status quo. In my view, the status ate a workfare program. That waiver slow to approve State waivers. That quo is unacceptable. Therefore, I will took nearly a year to approve. Today, must change. States should be given support this legislation and the effort South Dakota has a system that re- the flexibility to seek solutions and al- to bring about fundamental welfare re- quires recipients to sign a social con- ternatives to welfare problems. I have forms. tract and imposes a tough 2-year time more faith in South Dakotans’ dedica- SOUTH DAKOTA’S WORKFARE WORKS limit on benefits. This approach has tion to welfare reform than I do in Mr. PRESSLER. Mr. President, as worked. South Dakota has successfully Washington bureaucrats. the Senate once again nears final ac- decreased its welfare caseload by 17 Clearly, we need greater State flexi- tion on a workfare bill, I am reminded percent since January 1993 and saved bility also because there is not a grand, of an old commonsense saying, ‘‘Give a more than $5.6 million. South Dakota’s ‘‘one-size’’ solution to ending welfare man a fish and you feed him for a day. experience is proof that workfare dependency. Welfare reform programs Teach a man to fish and you feed him works. in Oglala, Fort Thompson, or Rapid for a lifetime’’. This sums up the clear, Just as important are the success City, SD may not necessarily work in fundamental difference between to- stories behind the statistics—the Los Angeles or New Orleans. South Da- day’s failed liberal welfare system and South Dakotans who have moved from kota’s welfare problems are unique, the commonsense reform bill before us. welfare to work. Let me share two such and even differ greatly from our near- The current welfare system has failed. stories about two very special ladies est neighbors. My State has three of We all know it. Instead of assisting with unique circumstances: Marilou the five poorest counties in the coun- needy Americans, the current system Manguson of Rapid City and Belinda try. We have some of the lowest wages holds Americans down, perpetuates a Mayer of Sioux Falls. They deserve our in the country. We also have the high- cycle of dependency, increases moral praise. Marilou and her 10-year-old son est percentage of welfare recipients decay, and cripples self-respect. Wel- were receiving AFDC and food stamps. who are Native Americans. In some fare was meant to be a safety net, not When she applied for welfare, she was reservation areas, unemployment runs a way of life. The bill before us would informed she would have to get a job. higher than 80 percent. Long distances change the system and the lives of many Americans for the better. This For 4 months, Marilou attended com- between towns and a lack of public bill would restore the values of per- puter and accounting courses, and pre- transportation and quality child care sonal responsibility and self-suffi- pared every day for interviews with the are further barriers to gainful employ- ciency by making work, not Govern- South Dakota Job Service Job Club. ment. To promote greater State flexibility, ment benefits, the centerpiece of wel- Two weeks later she found a full time the bill before us would provide welfare fare. I am proud to be a part of the job with a government sales agency. In assistance in the form of block grants team that has brought this historic contrast, 20 years ago, when Marilou to the States. Block grants would give legislation to the floor. was on welfare, she says all one needed Why does the current system not to do is show up to get a check. States the freedom to craft solutions work? Generations of able-bodied fami- Marilou now knows the old system that best serve local needs. It has been lies have stayed on the dole rather didn’t help her. She said, ‘‘You can’t proven time and again that Washing- than work. The rationale is simple: just sit at home and do nothing. You ton bureaucrats cannot understand Welfare recipients today can sit at have to get out and do something for unique local needs from thousands of home and make more each week than yourself.’’ She’s absolutely right. miles away. The distance, both lit- individuals working full time on the Today, Marilou is not receiving any erally and figuratively, that separates minimum wage. This disincentive to welfare assistance. Washington from our cities and towns work is an insult to hardworking When Belinda Mayer’s ex-husband prevents the most appropriate solu- Americans. In essence, we have a Gov- quit paying child support, she was left tions from being tailored to our prob- ernment program that challenges the to care for a child, but was only earn- lems. American work ethic. South Dakotans ing $6 per hour. Belinda applied for wel- Workfare is not just about restoring demonstrate that a hard work ethic fare benefits so she could obtain a 2- responsibility at the individual and provides for themselves and their fami- year accounting degree from Western State level, it is about protecting chil- lies. Many work long hours, seek over- Dakota Technical Institute [WDTI] dren in need. The workfare bill before time, or have two, even three jobs to and, hopefully, find a better job. She us would ensure that children have make ends meet. Imagine how they continued to receive benefits while she quality food and shelter. This bill must feel when their tax dollars are went to school and was able to obtain would increase our investment in child used to support Americans who need child support. This May, Belinda grad- care by $4.5 billion and increase child not work. I can tell you how they feel— uated and found a job right away as a protection and neglect funds by $200 upset. If we work for our wages, wel- commercial service specialist with million over current law. What this bill fare recipients should work for bene- Norwest Bank in Sioux Falls. For Be- eliminates is cumbersome bureaucracy fits. That is why we need workfare. linda, welfare reform is a very impor- and needless regulations. I am pleased Chairman ROTH in- tant issue. As she says, help should be The bill also would strengthen child cluded my workfare amendments dur- there, ‘‘but it should not become a support enforcement and give States ing the Finance Committee’s markup crutch’’ for people. Both of these new tools to crack down on deadbeat consideration of welfare reform. These women can look forward to a very sta- parents. These reforms represent the amendments would ensure that welfare ble, solid future for themselves and toughest child support laws ever passed recipients put in a full work week, just their families. I am very proud of their by Congress. One woman in South Da- as other Americans do, in order to re- hard work and applaud their efforts. kota has informed me that her ex-hus- ceive benefits. These entitlements Their success is South Dakota’s suc- band owes her thousands of dollars in would increase the number of welfare cess. South Dakota has reached out to overdue child support. For her and recipients who must work and avoid a enable those in times of difficulty to many other parents in the same dif- liberal loophole to avoid real work. regain control of their lives. ficult situation, this bill would help. Workfare is not a new idea. Fifteen These examples demonstrate that The current system fosters illegit- years ago, South Dakotans wanted to workfare is achieving success at the imacy and discourages marriage and S8518 CONGRESSIONAL RECORD — SENATE July 23, 1996 parental responsibility. Real welfare Times predicted the legislation would just to make ends meet. I believe wel- reform should promote the basic fam- lead to the restoration of individual fare recipients should be held to the ily unit, and crack down on those who dignity and the longrun reduction of same standards, the same work ethic, deliberately walk away from meeting the need for Government help. to which the taxpayers are held. Those the needs of their children. The dis- In 1964, America’s taxpayers invested beliefs are reflected in this legislation. incentives to a sound family structure $947 million to support welfare recipi- Under our pay-for-performance provi- also must be changed. More and more ents—an investment which President sions, welfare recipients will be re- children are growing up without the Johnson declared would eventually, quired to work in exchange for their moral guidance and financial support quote, ‘‘result in savings to the coun- benefits. If an adult is not employed of parents, especially fathers. This is a try and especially to the local tax- within 2 years, the benefits will stop. Is tragedy of our time. payers’’ through reductions in welfare that enough of a push to make a dif- We also no longer can tolerate the caseloads, health care costs, and the ference? Yes, according to the Congres- blatant abuses of the system. Last crime rate. Yet, 30 years later, none of sional Budget Office. It released a re- year, I was shocked to learn the extent those predictions have materialized, port this month which estimates these to which prisoners are able to continue and the failure of the welfare system tough work requirements will put 1.7 to receiving welfare benefits. The continues to devastate millions of million people who are currently on workfare bill we passed last year in- Americans every day—both the fami- welfare into the work force. That is al- cluded my amendment to crack down lies who receive welfare benefits and most four times the number of welfare on prisoner welfare fraud. I am pleased the taxpayers who subsidize them. recipients who are working today. this provision is in the current bill. It Despite a $5.4 trillion investment in To ease their transition into the job would put an end to cash payments to welfare programs since 1964, at an aver- market and help single parents find ac- alcohol and drug addicts, which only age annual cost that had risen to $3,357 cessible and affordable child care, we subsidizes their habits. per taxpaying household by 1993: fold seven major Federal child-care Several years ago, President Clinton One in three children in the United programs into a child care and develop- promised America he would change States today is born out of wedlock. ment grant, with total funding of $22 welfare as we know it. Two years ago, One child in seven is being raised on billion over 7 years. Congress made the same promise. Last welfare through the Aid to Families In addition, Mr. President, our bill year Congress delivered on that prom- with Dependant Children Program. recognizes that locally elected offi- ise and passed workfare. Unfortu- And our crime rate has increased 280 cials—our State legislators and Gov- nately, President Clinton vetoed that percent. ernors—are more capable than their workfare bill. I hope the President will Mr. President, those are the kinds of unelected counterparts in far-off Wash- do the right thing this time and sup- devastating statistics which until the ington to administer effective pro- port our workfare legislation. 104th Congress were ignored by the bu- grams on the State and local level. And Again, I am proud to be part of this reaucratic establishment in Washing- so this welfare reform legislation will effort to enact workfare legislation. ton. Those are the statistics this legis- give States like Minnesota the flexibil- The workfare bill before us would end lation will finally address. By rewrit- ity to make their own rules and de- welfare dependency by requiring work ing Federal policies and working in velop their own innovative programs, and placing a time limit on benefits. close partnership with the States, we and in doing so assist those who need We can change the welfare system and can create a welfare system which will our help most. encourage people to become self-suffi- effectively respond to the needs of But despite all the good this legisla- cient and productive members of soci- those who depend upon it, at the same tion will accomplish, I must temper my ety, once again. We can provide more time it protects the taxpayers. enthusiasm with my disappointment protection for children. I hope my col- Our legislation sets in place the that the only way to move this bill for- leagues on both sides of the aisle will framework for meeting those needs by ward was to strip away its Medicaid re- show the same support for workfare offering opportunity, self-respect, and form provisions. Mr. President, the ad- that we demonstrated last year. Ameri- most importantly, the ability for those ministration cannot hope to resolve cans deserve more than a handout for who are down on their luck to take the problems with the Medicaid system today, they deserve the hope and hap- control of their own lives. by turning its back and pretending piness that come through personal fi- And yes, we are asking something of these problems do not exist. At some nancial independence and the self-real- them in return. point, they will be forced to deal with ization of work. The most significant change in our a system that is too unwieldy and un- Mr. GRAMS. Mr. President, I rise welfare system is that we will require able to fully serve the needy. By de- today in support of the legislation be- able-bodied individuals to work in ex- manding, by threat of veto, that we fore us to reform our failed welfare sys- change for the assistance they receive tackle Medicaid another day, the ad- tem. I commend the majority leader from the American taxpayers. ministration has ensured that political for getting this legislation to the Mr. President, my colleagues and I gamesmanship has won out over politi- floor—I know it has taken a con- have come to the floor repeatedly this cal will. centrated effort to bring us to this session to suggest that our present wel- The sensible Medicaid reforms out- point. fare system promotes dependency by lined in the original reconciliation Since the beginning of the 104th Con- discouraging recipients from working. package would strengthen the system gress, we have been debating the state In fact, the Government routinely by increasing Medicaid spending from of this Nation’s welfare system. Every- makes it so easy for a welfare recipient $96.1 billion in 1996 to $137.6 billion in one understands that the system is to skip the work and continue collect- 2002. That is an average annual rate of broken. It encourages illegitimacy. It ing a Federal check that there’s abso- growth of 6.2 percent. States would be fails to recognize the importance of lutely no incentive to ever get out of given additional flexibility in deliver- marriage and family. It offers no hope the house and find work. And if some- ing care, while Federal protections or opportunity for those Americans one actually takes the initiative to get would be maintained to ensure that who are trapped within its layers of bu- a job, they risk forfeiting their welfare those who need Medicaid’s assistance reaucracy. benefits entirely. will not be denied. Of course, it was not supposed to be Last year, during Senate consider- Unfortunately, those reforms will this way. ation of the ‘‘Work Opportunity Act,’’ now have to wait. But I can assure you After signing the 1964 Welfare Act, Senator SHELBY and I joined forces to that they will be revisited—if not by President Lyndon Johnson proclaimed, ensure that welfare recipients receive this Congress and this administration, ‘‘We are not content to accept the end- benefits only after they work. After then certainly by the next. less growth of relief rolls or welfare all, American taxpayers are putting in Mr. President, the legislation before rolls,’’ and he promised the American at least 40 hours on the job each week, us today to overhaul our failed welfare people that ‘‘the days of the dole in our and are sometimes forced to take an programs is a positive step away from country are numbered.’’ The New York additional job or work overtime hours a system which has held nearly three July 23, 1996 CONGRESSIONAL RECORD — SENATE S8519 generations hostage with little hope of care assistance for low-income working portunity Act of 1996.’’ We presume that the escape. Only through its enactment families as well as for welfare families Committee on Finance intends to include can we offer these Americans a way and for families at risk of becoming de- provisions in Title VIII on child care and provisions in Title VII on child abuse and ne- out, and a way up. pendent on welfare. This consolidation glect that were part of last year’s conference As Americans, we need to look with- and unified system for child care is a agreement on welfare reform. Because this in ourselves rather than continuing to major improvement over current law. language will be reported by the Finance look to Washington for solutions. Does I would also like to bring to your at- Committee to the Senate Committee on the anybody really believe the Federal tention a proposal contained in the Budget as part of budget reconciliation, it Government embodies compassion, House reconciliation bill that falls will have special status during floor consid- that it has a heart? Of course not— within the jurisdiction of the Labor eration of the legislation. One of the condi- those are qualities found only outside Committee. The House bill incor- tions of that special status is that extra- neous provisions are not in order. Section Washington, in America’s commu- porates the Child Abuse Prevention 313(b)(1)(C) of the Congressional Budget and nities. and Treatment Act Amendments of Impoundment Control Act of 1974, as amend- Mr. President, there is no one I can 1995 (S. 919), which was unanimously ed by the ‘‘Byrd Rule,’’ creates a point of think of who better exemplifies heart approved by the Labor Committee on order against extraneous provisions that are and compassion than Corla Wilson- July 18, 1995. Although this proposal ‘‘. . . not in the jurisdiction of the Commit- Hawkins, and I was fortunate to have was not included in S. 1795, it will be tee with jurisdiction over said title or provi- had the opportunity to meet her. She considered during the budget reconcili- sion.’’ was one of 21 recipients of the 1995 Na- We are making recommendations to the ation conference. Committee on Finance in an effort to facili- tional Caring Awards for her outstand- Because of the unique procedures tate the reconciliation process. However, we ing volunteer service to her commu- that apply to budget reconciliation strongly believe that it must be made clear nity. bills, the Labor Committee was not that the budget procedures in no way alter Corla is known as Mama Hawk be- given the opportunity to mark up the existing jurisdiction over child care and cause, more than anything else, she child care proposal in S. 1795 and the child abuse/neglect. In order to make this has become a second mother to hun- child abuse authorizations in the House clear, we expect to engage in a colloquy when the reconciliation bill comes to the dreds of schoolchildren in her West bill. I am concerned that members of Side Chicago community, children floor, rather than using the Byrd rule to pre- the Finance Committee will be nego- serve the committee’s jurisdiction. who, without her guidance, might go tiating changes in these Labor Com- Titles VII and VIII of S. 1795 include extra- without meals, or homes, or a loving mittee programs during the budget rec- neous provisions in the form of changes in hug. onciliation conference without any authorizations under the jurisdiction of the Mama Hawk gives them all that and input from the committee of jurisdic- Senate Committee on Labor and Human Re- more, and she and the many caring tion. sources. Last year, during the development Americans like her represent the good Senator ROTH. Let me assure the and consideration of the welfare provisions we can accomplish when ordinary folks in the Balanced Budget Act of 1996 and the distinguished chairman of the Senate welfare reform bill, members of the Labor look inward, not to the Government— Committee on Labor and Human Re- Committee were active participants. The and follow their hearts, not the trail of sources that I recognize that the child child care and child abuse and neglect provi- tax dollars to Washington. care and development block grant is sions in the Senate-passed welfare reform Mama Hawk tells a story that illus- within the jurisdiction of the Labor bill were, in fact, Labor Committee-passed trates how the present welfare system Committee, with the Finance Commit- bills and were included in the conference ne- has permeated our culture and become tee retaining jurisdiction over the enti- gotiations for both the Balanced Budget Act of 1996 and the welfare reform legislation. as ingrained as the very problems it tlement funds for child care that flow was originally created to solve. Both of these Labor Committee bills were through this program. As you know, passed with strong bipartisan support. To These are her words: the Finance Committee’s entitlement meet the requirements of the Congressional When I first started teaching, I asked my funds must be used to provide child Budget and Impoundment Control Act, the kids, what did they want to be when they care services to families receiving as- Labor Committee’s child abuse and neglect grew up? What kind of job they wanted. Most provisions were dropped from the conference of them said they wanted to be on public aid. sistance under the new TANF block grant, families transitioning from wel- report for the Balanced Budget Act of 1996, I was a little stunned. I said, ‘‘Public aid—I but were included in the welfare reform leg- did not realize that was a form of employ- fare to work, and families at risk of be- islation. ment.’’ They said, ‘‘Well, our mom’s on pub- coming dependent upon welfare. I also Members of the Senate Committee on lic aid. They make a lot of money and, if you recognize that the Labor Committee Labor and Human Resources were conferees have a baby, they get a raise.’’ has jurisdiction over the Child Abuse on the Balanced Budget Act of 1996, due to Mr. President, that is the percep- Prevention and Treatment Act. the inclusion of the child care provisions and tion—maybe even the reality—we are Mrs. KASSEBAUM. I thank the dis- House inclusion of the child abuse and ne- fighting to change through the Per- tinguished Chairman of the Finance glect provisions. If this bill were going through the normal legislative process for sonal Responsibility and Work Oppor- Committee. Mr. President, I request changes in authorization bills, the Commit- tunity Act of 1996. While there is more that a copy of a letter sent to Chair- tee on Labor and Human Resources would be to accomplish, this bill is a good first man ROTH by myself, Senator KEN- entitled to make modifications to the provi- step toward fulfilling a promise to NEDY, Senator COATS, and Senator sions under its jurisdiction. However, be- truly end welfare as we know it. DODD and a copy of S. 850, the Child cause the Finance Committee has included ∑ Mrs. KASSEBAUM. Senator ROTH, Care and Development Block Grant changes in Labor Committee programs in the the budget reconciliation bill (S. 1795) Amendments Act of 1995, as approved Medicaid-welfare reconciliation bill, the includes a proposal that is in the juris- Committee on Labor and Human Resources by the Senate Committee on Labor and will be precluded from the opportunity to diction of the Senate Committee on Human Resources, be made a part of make changes in the bill. Labor and Human Resources. As you the RECORD. The text of S. 919, the Under these circumstances, we recognize know, last year during debate on the Child Abuse Prevention and Treatment that the only way that revisions can be made welfare bill, the Child Care and Devel- Act Amendments, as approved by the to programs under the jurisdiction of the opment Block Grant Amendments Act Senate appears in the CONGRESSIONAL Labor Committee is to have these changes made during Finance Committee consider- of 1995 (S. 850), which was approved RECORD of Friday, July 19, 1996. unanimously by the Labor Committee The material follows: ation of the Medicaid-welfare reconciliation bill. In anticipation of the mark-up of the on May 26, 1995, was incorporated into U.S. SENATE, COMMITTEE ON legislation by the Finance Committee, we H.R. 4. And H.R. 4 was then included in LABOR AND HUMAN RESOURCES, would like to recommend several modifica- last year’s budget reconciliation bill. Washington, DC, June 24, 1996. tions to the Labor Committee provisions in During the conference on last year’s Hon. WILLIAM V. ROTH, JR., the bill. budget reconciliation bill, conferees Chairman, Committee on Finance, U.S. Senate, In ‘‘Title VIII—Child Care:’’ from the Labor Committee and the Fi- Washington, DC. 1. Maintain the health and safety stand- DEAR BILL: It is our understanding that ards in current law; nance Committee reached agreement the Committee on Finance intends to mark- 2. Increase the set-aside for activities to on a unified system for all Federal up reconciliation language based on S. 1795, improve the quality of child care from 3 per- child care assistance, including child the ‘‘Personal Responsibility and Work Op- cent to 4 percent; S8520 CONGRESSIONAL RECORD — SENATE July 23, 1996 3. Increase the age from under six (6) to (A) in subparagraph (A), by striking subsection (b), and for one or more of the ac- under eleven (11) when a single custodial par- ‘‘State’’ and inserting ‘‘governmental or tivities described in subsection (c).’’; ent could not be sanctioned for failing to nongovernmental’’; and (2) in paragraph (1), by inserting before the meet the work requirements if adequate, af- (B) in subparagraph (C), by inserting ‘‘with period the following: ‘‘, including providing fordable child care is not available; and sufficient time and Statewide distribution of comprehensive consumer education to par- 4. Require the states to maintain 100 per- the notice of such hearing,’’ after ‘‘hearing ents and the public, referrals that honor pa- cent of 1995 child care funding to be eligible in the State’’; and rental choice, and activities designed to im- for additional child care funds. (2) in paragraph (2), by striking the second prove the quality and availability of child All of the recommended modifications to sentence. care’’; Title VIII were passed by the House Commit- (c) APPLICATION AND PLAN.—Section 658E of (3) by striking ‘‘(1) RESOURCE AND REFER- tee on Economic and Educational Opportuni- the Child Care and Development Block Grant RAL PROGRAMS.—Operating’’ and inserting ties. Act of 1990 (42 U.S.C. 9858c) is amended— the following: In ‘‘Title VII—Child Protection Block (1) in subsection (b), by striking ‘‘imple- ‘‘(b) RESOURCE AND REFERRAL PROGRAMS.— Grant Programs and Foster Care, Adoption mented—’’ and all that follows through The activities described in this subsection Assistance and Independent Living Pro- ‘‘plans.’’ and inserting ‘‘implemented during are operating’’; grams’’ of the Finance Committee bill, a a 2-year period.’’; (4) by redesignating paragraphs (2) through number of authorizations that are in the ju- (2) in subsection (c)— (5) as paragraphs (1) through (4), respec- risdiction of the Committee on Labor and (A) in paragraph (2)— tively; Human Resources are rewritten to be con- (i) in subparagraph (A)— (5) by inserting before paragraph (1) (as so solidated into block grants. These changes (I) in clause (iii) by striking the semicolon redesignated) the following: have never been formally considered, or de- and inserting a period; and ‘‘(c) OTHER ACTIVITIES.—The activities de- bated by the full Labor Committee. In addi- (II) by striking ‘‘except’’ and all that fol- scribed in this section are the following:’’; tion, the Medicaid-welfare reconciliation bill lows through ‘‘1992.’’; and and even strikes several important provisions (ii) in subparagraph (E)— (6) by adding at the end thereof the follow- that were included in the last year’s rec- (I) by striking clause (ii) and inserting the ing: onciliation conference report and reported following new clause: ‘‘(5) BEFORE- AND AFTER-SCHOOL ACTIVI- out by the relevant House committees in ‘‘(ii) the State will implement mechanisms TIES.—Increasing the availability of before- this year’s reconciliation bill. Specifically, to ensure that appropriate payment mecha- and after-school care. those provisions concern the prompt nisms exist so that proper payments under ‘‘(6) INFANT CARE.—Increasing the avail- expungement of child abuse records on un- this subchapter will be made to providers ability of child care for infants under the age substantiated or false cases; the appoint- within the State and to permit the State to of 18 months. ment of guardian ad litems; and the inclu- furnish information to such providers.’’; and ‘‘(7) NONTRADITIONAL WORK HOURS.—In- sion of material in support of the state’s cer- (II) by adding at the end thereof the follow- creasing the availability of child care be- tification concerning the reporting of medi- ing new sentence: ‘‘In lieu of any licensing tween the hours of 5:00 p.m. and 8:00 a.m. ‘‘(d) NONDISCRIMINATION.—With respect to cal neglect of disabled infants. and regulatory requirements applicable child care providers that comply with appli- We look forward to working with the mem- under State and local law, the Secretary, in cable State law but which are otherwise not bers of the Finance Committee on this legis- consultation with Indian tribes and tribal or- required to be licensed by the State, the lation and being formally included in the ganizations, shall develop minimum child State, in carrying out this section, may not conference negotiations on provisions under care standards (that appropriately reflect discriminate against such a provider if such the jurisdiction of the Committee on Labor tribal needs and available resources) that provider desires to participate in resource and Human Resources. shall be applicable to Indian tribes and tribal and referral activities carried out under sub- Sincerely, organization receiving assistance under this NANCY LANDON section (b).’’. subchapter.’’; and (f) REPEAL.—Section 658H of the Child Care KASSEBAUM, (iii) by striking subparagraphs (H) and (I); and Development Block Grant Act of 1990 (42 Chairman, Committee and on Labor and U.S.C. 9858f) is repealed. (B) in paragraph (3)— (g) ENFORCEMENT.—Section 658I(b)(2) of the Human Resources. (i) in subparagraph (C)— Child Care and Development Block Grant DAN COATS, (I) in the subparagraph heading, by strik- Act of 1990 (42 U.S.C. 9858g(b)(2)) is amend- Chairman, Subcommit- ing ‘‘AND TO INCREASE’’ and all that follows ed— tee on Children and through ‘‘CARE SERVICES’’; (1) in the matter following clause (ii) of Families. (II) by striking ‘‘25 percent’’ and inserting subparagraph (A), by striking ‘‘finding and EDWARD M. KENNEDY, ‘‘15 percent’’; and that’’ and all that follows through the period Ranking Member, (III) by striking ‘‘and to provide before-’’ and inserting ‘‘finding and may impose addi- Committee on Labor and all that follows through ‘‘658H)’’; and tional program requirements on the State, and Human Re- (ii) by adding at the end thereof the follow- including a requirement that the State reim- sources. ing new subparagraph: burse the Secretary for any funds that were CHRISTOPHER DODD, ‘‘(D) LIMITATION ON ADMINISTRATIVE improperly expended for purposes prohibited Ranking Member, Sub- COSTS.—Not more than 5 percent of the ag- or not authorized by this subchapter, that committee on Chil- gregate amount of payments received under the Secretary deduct from the administra- dren and Families. this subchapter by a State in each fiscal year tive portion of the State allotment for the may be expended for administrative costs in- following fiscal year an amount that is less S. 850 curred by such State to carry out all its than or equal to any improperly expended Be it enacted by the Senate and House of Rep- functions and duties under this subchapter.’’. funds, or a combination of such options.’’; resentatives of the United States of America in (d) SLIDING FEE SCALE.— and Congress assembled, (1) IN GENERAL.—Section 658E(c)(5) of the (2) by striking subparagraphs (B) and (C). SECTION 1. SHORT TITLE. Child Care and Development Block Grant (h) REPORTS.—Section 658K of the Child This Act may be cited as the ‘‘Child Care Act of 1990 (42 U.S.C. 9858c(c)(5)) is amended Care and Development Block Grant Act of and Development Block Grant Amendments by inserting before the period the following: 1990 (42 U.S.C. 9858i) is amended— Act of 1995’’. ‘‘and that ensures a representative distribu- (1) in the section heading, by striking ‘‘AN- SEC. 2. AMENDMENTS TO THE CHILD CARE AND tion of funding among the working poor and NUAL REPORT’’ and inserting ‘‘REPORTS’’; DEVELOPMENT BLOCK GRANT ACT recipients of Federal welfare assistance’’. and OF 1990. (2) ELIGIBILITY.—Section 658P(4)(B) of the (2) in subsection (a)— (a) AUTHORIZATION OF APPROPRIATIONS.— Child Care and Development Block Grant (A) in the subsection heading, by striking Section 658B of the Child Care and Develop- Act of 1990 (42 U.S.C. 9858n(4)(B)) is amended ‘‘ANNUAL REPORT’’ and inserting ‘‘REPORTS’’; ment Block Grant Act of 1990 (42 U.S.C. 9858) by striking ‘‘75 percent’’ and inserting ‘‘100 (B) by striking ‘‘December 31, 1992, and an- is amended to read as follows: percent’’. nually thereafter’’ and inserting ‘‘December ‘‘SEC. 658B. AUTHORIZATION OF APPROPRIA- (e) QUALITY.—Section 658G of the Child 31, 1996, and every 2 years thereafter’’; TIONS. Care and Development Block Grant Act of (C) in paragraph (2)— ‘‘There are authorized to be appropriated 1990 (42 U.S.C. 9858e) is amended— (i) in subparagraph (A), by inserting before to carry out this subchapter $1,000,000,000 for (1) in the matter preceding paragraph (1)— the semicolon ‘‘and the types of child care fiscal year 1996, and such sums as may be (A) by striking ‘‘A State’’ and inserting programs under which such assistance is pro- necessary for each of the fiscal years 1997 ‘‘(a) IN GENERAL.—A State’’; vided’’; through 2000.’’. (B) by striking ‘‘not less than 20 percent (ii) by striking subparagraph (B); and (b) LEAD AGENCY.—Section 658D(b) of the of’’; and (iii) by redesignating subparagraphs (C) Child Care and Development Block Grant (C) by striking ‘‘one or more of the follow- and (D) as subparagraphs (B) and (C), respec- Act of 1990 (42 U.S.C. 9858b(b)) is amended— ing’’ and inserting ‘‘carrying out the re- tively; (1) in paragraph (1)— source and referral activities described in (D) by striking paragraph (4); July 23, 1996 CONGRESSIONAL RECORD — SENATE S8521 (E) by redesignating paragraphs (5) and (6) children being cared for by the provider’’ Mr. ROTH. Yes, that is my under- as paragraphs (4) and (5), respectively; after ‘‘child care services’’; and standing. (F) in paragraph (4), as so redesignated, by (2) in paragraph (5)(B)— RECONCILIATION, THE DEFICIT AND SENATE striking ‘‘and’’ at the end thereof; (A) by inserting ‘‘great grandchild, sibling PROCEDURE (G) in paragraph (5), as so redesignated, by (if the provider lives in a separate resi- Mr. DOMENICI. Mr. President, on the adding ‘‘and’’ at the end thereof; and dence),’’ after ‘‘grandchild,’’; (H) by inserting after paragraph (5), as so (B) by striking ‘‘is registered and’’; and Democrat side of the aisle, the charge redesignated, the following new paragraph: (C) by striking ‘‘State’’ and inserting ‘‘ap- has been made that we are abusing rec- ‘‘(6) describing the extent and manner to plicable’’. onciliation in a way that has never which the resource and referral activities are (l) APPLICATION OF SUBCHAPTER.—The Child been done before. Reconciliation is a being carried out by the State;’’. Care and Development Block Grant Act of process that is designed to allow expe- (i) REPORT BY SECRETARY.—Section 658L of 1990 (42 U.S.C. 9858 et seq.) is amended by dited consideration of the budget. The the Child Care and Development Block Grant adding at the end thereof the following new budget has become an extremely con- Act of 1990 (42 U.S.C. 9858j) is amended— section: troversial issue and efforts to include (1) by striking ‘‘1993’’ and inserting ‘‘1997’’; ‘‘SEC. 658T. APPLICATION TO OTHER PROGRAMS. (2) by striking ‘‘annually’’ and inserting ‘‘Notwithstanding any other provision of extraneous matter in reconciliation ‘‘bi-annually’’; and law, a State that uses funding for child care has led to abuse in the past by both Re- (3) by striking ‘‘Education and Labor’’ and services under any Federal program shall en- publicans and Democrats. inserting ‘‘Economic and Educational Oppor- sure that activities carried out using such We adopted in the Byrd rule in 1985 tunities’’. funds meet the requirements, standards, and to prohibit the inclusion of extraneous (j) ALLOTMENTS.—Section 658O of the Child criteria of this subchapter and the regula- matter in reconciliation. Making de- Care and Development Block Grant Act of tions promulgated under this subchapter. terminations on whether something is 1990 (42 U.S.C. 9858m) is amended— Such sums shall be administered through a (1) in subsection (c), by adding at the end extraneous falls on the shoulders of the uniform State plan. To the maximum extent Parliamentarians. This is a small of- thereof the following new paragraph: practicable, amounts provided to a State ‘‘(6) CONSTRUCTION OR RENOVATION OF FA- under such programs shall be transferred to fice, comprising just three Par- CILITIES.— the lead agency and integrated into the pro- liamentarians, that must make judg- ‘‘(A) REQUEST FOR USE OF FUNDS.—An In- gram established under this subchapter by ments on very controversial and com- dian tribe or tribal organization may submit the State.’’. plicated issues in a very short period of to the Secretary a request to use amounts SEC. 3. SENSE OF THE SENATE. time. I think they do their best to provided under this subsection for construc- (a) FINDINGS.—The Senate finds that— tion or renovation purposes. apply a very ambiguous standard (1) the availability and accessibility of ‘‘(B) DETERMINATION.—With respect to a re- against very complicated and lengthy quality child care will be critical to any wel- quest submitted under subparagraph (A), and reconciliation legislation. fare reform effort; except as provided in subparagraph (C), upon With Republicans in control of the (2) as parents move from welfare into the a determination by the Secretary that ade- Senate and the House, we have heard workforce or into job preparation and edu- quate facilities are not otherwise available cation, child care must be affordable and from Democrats that reconciliation is to an Indian tribe or tribal organization to safe; being abused. Just for the record, let enable such tribe or organization to carry (3) whether parents are pursuing job train- me read a couple of statements made out child care programs in accordance with ing, transitioning off welfare, or are already by Senators CHAFEE and Danforth dur- this subchapter, and that the lack of such fa- in the work force and attempting to remain ing consideration of the 1993 omnibus cilities will inhibit the operation of such employed, no parent can be expected to leave programs in the future, the Secretary may reconciliation bill, a reconciliation bill his or her child in a dangerous situation; permit the tribe or organization to use as- that was considered when the Demo- (4) affordable and accessible child care is a sistance provided under this subsection to crats were in control of the Senate. prerequisite for job training and for entering make payments for the construction or ren- The conference report on the 1993 rec- the workforce; and ovation of facilities that will be used to onciliation bill comprised President (5) studies have shown that the lack of carry out such programs. quality child care is the most frequently Clinton’s controversial budget pack- ‘‘(C) LIMITATION.—The Secretary may not cited barrier to employment and self-suffi- age. This legislation included provi- permit an Indian tribe or tribal organization ciency. sions that had nothing to do with defi- to use amounts provided under this sub- (b) SENSE OF THE SENATE.—It is the sense cit reduction regarding bovine growth section for construction or renovation if of the Senate that the Federal Government hormones and a national vaccination such use will result in a decrease in the level has a responsibility to provide funding and program. Senator Danforth raised a of child care services provided by the tribe or leadership with respect to child care. organization as compared to the level of such point of order and the Chair ruled SEC. 4. REPEALS AND TECHNICAL AND CON- against him. Senator Danforth then ap- services provided by the tribe or organiza- FORMING AMENDMENTS. tion in the fiscal year preceding the year for (a) STATE DEPENDENT CARE DEVELOPMENT pealed the ruling of the Chair. which the determination under subparagraph GRANTS ACT.—The State Dependent Care De- During the debate on the appeal, Sen- (A) is being made. velopment Grants Act (42 U.S.C. 9871 et seq.) ator CHAFEE effectively stated that the ‘‘(D) UNIFORM PROCEDURES.—The Secretary is repealed. Chair’s ruling made a ‘‘complete joke shall develop and implement uniform proce- (b) CHILD DEVELOPMENT ASSOCIATE SCHOL- out of the Byrd rule’’ and Senator Dan- dures for the solicitation and consideration ARSHIP ASSISTANCE ACT OF 1985.—The Child forth implied that the Byrd rule was of requests under this paragraph.’’; and Development Associate Scholarship Assist- (2) in subsection (e)— being applied on a ‘‘whimsical basis’’ ance Act of 1985 (42 U.S.C. 10901 et seq.) is re- and that ‘‘anything goes’’ under the (A) in paragraph (1), by striking ‘‘Any’’ and pealed. inserting ‘‘Except as provided in paragraph (c) ADDITIONAL CONFORMING AMEND- standard that was being used for the (4), any’’; and MENTS.— Byrd rule’s enforcement in 1993. (B) by adding at the end thereof the follow- (1) RECOMMENDED LEGISLATION.—After con- Mr. President, during consideration ing new paragraph: sultation with the appropriate committees of of the budget resolution, the distin- ‘‘(4) INDIAN TRIBES OR TRIBAL ORGANIZA- the Congress and the Director of the Office of guished minority leader raised a point TIONS.—Any portion of a grant or contract Management and Budget, the Secretary of of order against the budget resolution made to an Indian tribe or tribal organiza- Health and Human Services shall prepare because it ‘‘creates a budget reconcili- tion under subsection (c) that the Secretary and submit to the Congress a legislative pro- ation bill devoted solely to worsening determines is not being used in a manner posal in the form of an implementing bill the deficit’’. The Presiding Officer did consistent with the provision of this sub- containing technical and conforming amend- chapter in the period for with the grant or ments to reflect the amendments and repeals not sustain that point of order and the contract is made available, shall be reallo- made by this Act. Senate upheld the Chair’s ruling on an cated by the Secretary to other tribes or or- (2) SUBMISSION TO CONGRESS.—Not later appeal. I do not want the Senate to be ganization that have submitted applications than 6 months after the date of enactment of left with the impression that the budg- under subsection (c) in proportion to the this Act, the Secretary of Health and Human et act allows Congress to use reconcili- original allocations to such tribes or organi- Services shall submit the implementing bill ation to generate an unlimited number zation.’’. referred to under paragraph (1).∑ of bills that would increase the deficit (k) DEFINITIONS.—Section 658P of the Child Mr. WELLSTONE. Mr. President, I Care and Development Block Grant Act of under reconciliation procedures. Such 1990 (42 U.S.C. 9858n) is amended— ask the chairman if it is his under- a use of reconciliation would be clearly (1) in paragraph (2), in the first sentence by standing that this bill should not un- abusive. inserting ‘‘or as a deposit for child care serv- dermine or contradict the violence We had no intention of using rec- ices if such a deposit is required of other against women act? onciliation to increase the deficit. In S8522 CONGRESSIONAL RECORD — SENATE July 23, 1996 fact, the budget resolution we adopted and it is not offset by other provisions Second, the Republican bill hurts and the reconciliation instructions it in the bill. In addition, the pay-as-you- children. It would make deep cuts in includes will not only reduce the defi- go point of order prohibits consider- the Food Stamp Program which mil- cit, it will balance the budget. Even if ation of legislation that would increase lions of children rely on for their nutri- an effort was made to use reconcili- the deficit unless it was offset by the tional needs. It would also end the ation solely to increase the deficit, the enactment of other legislation that re- guarantee that children will always budget rules would have prohibited it. duced the deficit. The Parliamentarian have a safety net. The budget act grants special status made it clear to us that the budget res- Under the Republican bill, a State in the Senate to reconciliation legisla- olution could not and the fiscal year could adopt a 60-day time limit and tion and any effort to abuse this proc- 1997 budget resolution does not include after that the children would be cut off ess represents an abuse of the Senate. provisions to exempt reconciliation from the safety net entirely. The State While I do not think we have abused from any Senate rule, the Byrd rule, would not even be required to provide a reconciliation, I was troubled by the budget act rules, or even the pay-as- child with a voucher for food, clothing, minority leader’s point of order and I you-go rule. or medical care. want to review with the Senate what While this first instruction called for When you take all of these policies has occurred since the minority leader a reduction in revenues, both the together, this bill will throw approxi- made his point of order and inquiries of House of Representatives and the Sen- mately 1.5 million children into pov- the Chair. I think this is particularly ate have chosen not to include revenue erty. important as we proceed with rec- reductions in their first reconciliation And this is a conservative estimate. onciliation legislation. bills. While the Senate did agree to an It could be much higher. Mr. President, my conscience will The minority leader’s chief concern amendment that would cause a reduc- not let me vote for a bill that would was that reconciliation should not be tion in revenues from an adoption tax plunge children into poverty. I cannot used to increase the deficit. The Sen- credit, this amendment was only vote to leave our children unprotected. ate-reported budget resolution in- adopted after the Senate voted 78 to 21 I was 1 of only 11 Democrats to vote cluded three sets of reconciliation in- to waive a budget act point of order against the original Senate welfare bill structions to generate three individual against this amendment. reconciliation bills. The first bill would This first reconciliation bill will re- that would have put 1.2 million chil- reduce outlays by $124.8 billion and the duce spending and the deficit by over dren into poverty. I voted against the conference report second by $214.8 billion. The two bills $50 billion. We have spend almost a on this bill that would have doomed 1.5 combined would reduce the deficit by week on this legislation and considered million children to the same fate. And $339.6 billion. If, and only if, these two over 50 amendments. In addition, the I will vote against this bill for the bills were enacted, then a third rec- minority has exercised its rights under same reason. We must not abandon our onciliation instruction would be trig- the Byrd rule and the presiding officer children. gered to reduce revenues by not more has sustained points of order against 23 Mr. President, I hold a different vi- than $116.1 billion. In addition, under provisions in the bill. sion of what the safety net in this the Senate’s pay-as-you-go point of Mr. President, the resolution calls country should be. I am afraid that order legislation cannot cause an in- for two more reconciliation bills. I do this bill will leave children hungry and crease in the deficit unless it is offset not know if we will complete action on homeless. by previously enacted legislation. Even these two subsequent reconciliation I am afraid that the streets of our undue the Senate-reported resolution, bills. If we do, these subsequent bills Nation’s cities might some day look reconciliation could not increase the must comply with the Byrd rule, budg- like the streets of the cities of Brazil. deficit. In fact, reconciliation had to et act guidelines, and the pay-as-you- If you walk around Brazilian cities, result in an overall reduction in the go point of order. Therefore, our reso- you will see hungry children begging deficit. lution never allowed and Senate rules for money, begging for food, and even Mr. President, the minority leader’s would not have permitted using rec- engaging in prostitution. I am not concern focused on the third instruc- onciliation to increase the deficit. talking about 18 year olds, I am talk- tion in the resolution that called for a ABANDONING OUR CHILDREN ing about 9 year olds. reconciliation bill that would reduce Mr. LAUTENBERG. Mr. President, Tragically, this is what happens to revenues by not more than $116.1 bil- this is a historic and unfortunate time societies that abandon their children. lion and would reduce outlays by $11.5 for the U.S. Senate. This body is on the When we don’t protect our children, billion. The minority leader was cor- verge of ending a 60 year guarantee they will resort to anything to survive. rect that third reconciliation bill that poor children in this country I don’t want to see this happen in our viewed alone would increase the defi- would not starve. country. cit; however, we would never have got- For 60 years, we could rest easier at I want to see this country invest in ten to that third bill without first hav- night knowing children across the its children. I think we should invest ing done the first two bills. country had a minimal safety net. The more in child care, health and nutri- In conference, we modified the rec- bill before us will take away this peace tion so that our children can become onciliation instructions to permit a re- of mind and throw up to 1.5 million independent, productive citizens. I duction in revenues in the first instruc- children into poverty. want to give them the opportunity to tion. Since the outlay reductions in Mr. President, I agree that the wel- live the American dream like I had to this first instruction exceeded the reve- fare system is in need of repair. I be- good fortune to do. nue reduction, this first bill could not lieve that it needs to help promote If we don’t, we will create a perma- increase the deficit. Therefore, rec- work and self sufficiency. I think it nent underclass in this country. We onciliation could not be used in this should also protect children. Unfortu- will have millions of children with no first bill to increase the deficit. The nately, the Republican welfare bill protection. We will doom them to pov- resolution also provides a revenue re- does none of this. erty and failure. duction instruction for the third rec- First, the Republican bill does not Mr. President, as a member of the onciliation bill if the revenue reduc- promote work. The bill calls for work Budget Committee, I also want to com- tions are not included in the first bill. requirements for welfare recipients, ment on the priorities that are re- As the minority leader pointed out but it does not provide the resources to flected in this reconciliation bill. De- during consideration of the budget res- put people to work. In fact, the CBO spite the fact that this bill is only lim- olution, under one of the Byrd rule said that ‘‘Most states would be un- ited to safety net programs, it is still points of order—section 313(b)(1)(E) of likely to satisfy this [work] require- considered a reconciliation bill. This the Budget Act—a provision of a rec- ment for several reasons.’’ bill receives the same protections as a onciliation bill is subject to the Byrd One major reason is that this bill budget balancing bill but there is no rule if it would cause an increase in the cuts funding for work programs by balanced budget in it. deficit in a year after the period cov- combining all welfare programs into a This reconciliation bill seeks to cut ered by the reconciliation instructions capped block grant. the deficit only by attacking safety net July 23, 1996 CONGRESSIONAL RECORD — SENATE S8523 programs for poor children. There are But even under the rules and con- will change the system and put parents no cuts in corporate loopholes or tax straints of reconciliation, some bipar- to work, quickly allowing children to breaks. Despite the fact that tax ex- tisan progress has been made on the benefit as their parents move from de- penditures cost the Federal Treasury Senate floor. We have restored the Fed- pendency to self-sufficiency. over $400 billion per year, there are no eral health and safety standards for Opponents of the legislation charge such savings in this bill. child care by a rollcall vote of 96 to 0. that millions of children may be cast There are no grazing fee increases or We agreed to another amendment to into poverty, and potentially end up on mining royalty increases. There are no invest more money to enhance the streets. savings in the military budget or in quality and availability of child care. Because people end up on welfare for NASA’s budget. Child care is the key to helping parents such different reasons and in different The only cuts in this bill come from work, and parents need to have con- circumstances, it is not clear what the women and children. This reconcili- fidence in the care that their child is results will be. This legislation charts ation bill gives new meaning to putting receiving. a new course for welfare, but it is women and children first. I was also proud to cosponsor the untested. Mr. President, I urge my colleagues Chafee-Breaux amendment to ensure I hope that proponents are right, and to vote against this bill. I urge all Sen- continued Medicaid coverage to poor that this legislation has the right in- ators to stand for the 1.5 million chil- women and their children. Welfare re- centives. My hope is that the new pres- dren and reject this bill. form should not be about reducing sure of a time limit will effectively and I yield the floor. health care to needy families, and efficiently move parents into work, and Mr. ROCKEFELLER. Mr. President, I thanks to the bipartisan vote of 97 to 2, families will benefit. believe our welfare system desperately we know that health care coverage will To help ensure this, I fought hard needs reform, and most Americans be available for families with parents throughout this Congress to secure the agree. It is obvious that there is a who are making the struggle to go proper funding for child care, which is strong consensus that parents seeking from welfare to work—now and into essential for single parents to go to public assistance must be required to the future. work. Thanks to the effort of many work or prepare for work. I wish it We eliminated the optional food dedicated Members, this legislation in- were more obvious that innocent chil- stamps block grant which had the po- vests $13 billion in child care—more dren should be protected, and I have tential to unravel this country’s com- money than we are now spending, and worked hard to make this case over the mitment to ensuring decent nutrition this is a major accomplishment. years as welfare reform has been de- for all poor children, needy families, The legislation we are now consider- bated. and dependent senior citizens, no mat- ing has a larger contingency fund than As Governor of West Virginia in 1982, ter what State they reside in. An op- the previously passed Senate bill to I started one of the first workfare pro- tional block grant of food stamps could offer help to States in times of eco- grams of the country because I believe have weakened the country’s nutrition nomic downturns and recessions, which in work, and I am proud that West Vir- programs. One of my greatest fears is is especially needed for States like ginia continues to use this community that States that choose the block West Virginia that are vulnerable to work program today. I have met par- grant would be forced to reduce bene- economic ups and downs. ents who are proud to do community fits in times of recession or other times Under the new block grant, States service and who have used their experi- of need, like national disasters. With will have enormous flexibility—and ence to gain skills that ultimately got our agricultural resources, America strict requirements—to move families them a paying job. This is what we should not go backward and become a from welfare to work. should do. Moving from welfare de- nation where some of its people and Will the combination of more child pendency to work is hard, but it is the children go hungry. care money and the incentive of time best path for families and their future. And, I cosponsored the Breaux vouch- limits be the right mix? Will our econ- While the debate about welfare re- er amendment which assured basic sup- omy continue to grow, and unemploy- form is full of slogans and simplistic port for innocent children for at least 5 ment rates stay low so welfare recipi- claims, it is far from easy to achieve years, and then gave States the option ents truly have a real chance to com- the fundamental goals of promoting to provide non-cash assistance to chil- pete and get jobs? work and protecting children. The de- dren after a family reached the 5 year We will never know the answers, un- tails of welfare reform do count, and time limit. This amendment got 51 less we try. that’s why the Congress has consumed votes, but the rules of reconciliation Because the American people want so much time and energy on this topic. demanded 60—so it fell. and expect welfare reform, I will vote I regret that the Senate found itself An alternative amendment was of- to try this new approach—and hope acting on welfare reform under the fered by Senator FORD, but it also that Congress does its part to push for rules of budget reconciliation legisla- failed by a a single vote. Because both the desired results. tion, which has strictly limited our de- of the voucher amendments failed, But I also believe that this effort bate to just 20 hours and has dras- States are prohibited from using block must be watched carefully and closely tically constrained our ability to con- grant funding to provide vouchers for to ensure that the innocent children, sider amendments to modify the pro- children, and this is disturbing. Pre- who represent two-thirds of the people posal. Using reconciliation procedures, vious welfare bills from last year of- who depend on welfare, are not hurt. the majority has taken advantage of a fered greater flexibility to States on This is why I fought so hard with special way to prevent its notion of vouchers. others last year to secure $15 million welfare reform from being subject to But some of the amendments that for research and evaluation. Every true debate and alterations. passed are important bipartisan efforts Member who votes for this legislation Last year, when the Senate worked to improve the bill. There is more we has an obligation to work with their on a bipartisan welfare reform bill, we should do to protect innocent children, State to ensure that this new system spent 8 days debating welfare reform and I can only hope that our colleagues works, and to monitor the national and held 43 rollcall votes. In an impor- will understand this in conference or in progress as well. tant signal of bipartisanship, an addi- the near future. Throughout this debate, I have tried tional 62 amendments were accepted. But time has run out under the rules to focus my attention on the needs of While Democrats did not prevail with of reconciliation, and we now are faced children. As usual in today’s political all of our amendments, we did have the with a final vote on this legislation. environment, areas of bipartisan agree- chance to present our ideas and argu- In my view, this welfare reform bill ment do not attract attention, but ments for a genuine test of the Sen- poses a huge experiment—and some- they are still important. ate’s will. It is unfortunate that the thing that must be watched and evalu- In key areas for children, progress Republican leadership was not willing ated carefully. has been made. The Senate bill retains to take up welfare reform this year in Proponents express full confidence current law on foster care and pro- the same fair, open process. that this new, bold welfare reform bill grams to protect abused and neglected S8524 CONGRESSIONAL RECORD — SENATE July 23, 1996 children. Such children are the most from? More than one-third of the sav- approximately 60 percent of legal im- vulnerable group in our country, and I ings will come from restricting bene- migrants receiving AFDC in California was active in a bipartisan group dedi- fits to legal immigrants. Of this are refugees. cated to retaining the foster care enti- amount, California will have to shoul- The Feinstein-Boxer amendment tlement and prevention programs for der 40 percent of the losses. This is sim- would have decreased the outflow of abused and neglected children. ply unfair to California. Federal dollars from California, while The child support enforcement provi- It has been estimated that Califor- maintaining what I believe is a fair ap- sions in the legislation are another ex- nia’s loss of Federal funds under this proach for legal immigrants already in ample of positive, bipartisan efforts. bill could be up to $9 billion over 6 our country. Unfortunately, our And because it was bipartisan, little years due to the restrictions on bene- amendment failed. attention has been given to these ac- fits to legal immigrants. VOUCHERS FOR CHILDREN complishments. But these provisions This will mean a massive cost shift A second reason why I cannot sup- include bold action to crack down on to California’s 58 counties. For exam- port this bill is the prohibition on pro- deadbeat parents who shirk their ple, over half of the immigrants on viding vouchers for noncash items to obiligation to pay child support. Cur- Supplemental Security Income [SSI] children if their family’s time limit for rently, over $20 billion is uncollected in and Aid to Families with Dependent assistance has expired. Vouchers could child support payments and arrearages. Children [AFDC] live in California. Ac- be used to pay for items such as school Strengthening child support enforce- cording to the California State Senate supplies, diapers, food, clothing and ment will truly help children of all in- Office of Research, over 230,000 aged, other necessary items for children. An come levels, and this is meaningful ac- blind and disabled legal immigrants amendment to require States to give tion to underscore the importance of could lose their SSI benefits almost vouchers to children whose families ex- families, and support children. immediately. The Congressional Budg- ceed time limits shorter than 5 years There has been a sincere effort to im- et Office estimates that 1 million poor did not pass in the Senate. An amend- prove this bill, and the positive legal immigrants would be denied Food ment to give States the option to do changes are the result of untold hours Stamps under the bill, with many of this failed as well with only two Re- of hard work and dedication. them living in California. publicans voting in favor. The key point is that the current sys- If legal immigrants are made ineli- I believe the bill’s language goes too tem does not have public support or gible for Federal and State programs, far to penalize children for their par- confidence, and this is not healthy for California’s counties will be respon- ents’ inability to find work. What kind the country. The cynicism and frustra- sible for providing social services and of country are we when we deny such tion we see among Americans toward medical care to them. Under California necessities to innocent children? Government stems partly from their law, counties are legally and fiscally FOOD STAMPS anger about welfare. Even families de- responsible to provide a safety net to In addition, the bill would make pendent on our existing system admit indigent persons. that they are frustrated and that the The safety net is already overbur- major cuts in funding to the existing system can trap families into a cycle of dened in many counties. Some of the Food Stamp Program. Reductions in dependency. We need to make the leap counties most heavily impacted by the bill for food stamps amount to ap- with real changes, tougher rules, and legal immigrants have already faced is- proximately $27.5 billion over 6 years— more common sense. We have an oppor- sues of bankruptcy. This welfare bill nearly half of the bill’s savings. By the tunity to help families and build more will only further threaten the financial year 2002, food stamp spending would support for the protections that should viability of these counties. be reduced by nearly 20 percent. The stay in place, if the job is done right. A The largest county in the Nation, Los poorest households would be affected great deal has been promised by the ar- Angeles County, will be severely im- since nearly half of the cuts in food chitects of this bill and others such as pacted by these provisions. Los Angeles stamps would come from households many Governors, and I hope we will see County estimates that under this bill, with incomes below half of the poverty the hard work, skill, and compassion 93,000 legal immigrants would lose line. required to bring about the right kind their SSI benefits in their county CONCLUSION of results. alone. If these legal immigrants ap- The drafters of this latest welfare re- Today, I cast my vote for change. plied for county general assistance, it form bill wisely improved certain pro- Mrs. BOXER. Mr. President, today I would cost Los Angeles County $236 visions of the bill to increase child care am forced to vote against a welfare re- million. funding, retain the Federal guarantee form measure that I believe is bad for California counties further fear dam- to school lunch programs—although children and bad for the State of Cali- age to their health system if the State funding for school lunch has been un- fornia, costing my State billions of dol- exercises its option to deny all Medic- wisely cut, and maintain child protec- lars. aid coverage, including emergency tive services for abused and neglected This is a difficult vote for me because care, to most legal immigrants. children. I stand in favor of welfare reform. I That is why I cosponsored an amend- In addition, key amendments to want to get people off welfare and put ment with my distinguished colleague maintain Medicaid coverage for cur- them to work. I voted in favor of the from California, Senator FEINSTEIN, to rent welfare recipients, strike the op- Senate welfare reform bill last year be- mitigate some of the impact of the tional food stamp block grant, and en- cause I support this principle. legal immigrant provisions on Califor- sure Federal health and safety stand- I also continue to support giving nia. The Feinstein-Boxer amendment ards for child care successfully passed States additional flexibility to run would have applied legal immigrant the Senate. their welfare programs, cracking down provisions of the bill prospectively. I wholeheartedly support all of these on deadbeat parents and reducing teen This would allow us to make changes improvements to the underlying legis- pregnancy. for immigrants who have yet to enter lation. COSTS TO CALIFORNIA the country, but keep the rules of the However, for the reasons I have stat- In California today, we have approxi- game unchanged for those legal immi- ed above, I cannot support this welfare mately 4 million legal immigrants re- grants already present. reform bill that shifts major costs to siding in our State—40 percent of the I think it is important to note who the State of California and shreds the Nation’s legal immigrants. Thus, the some of these legal immigrants are. safety net for poor children. I hope proposed cuts in benefits to legal im- Many of them are children. Many of that in conference my concerns will be migrants will have a dramatic and dis- them are disabled and unable to work. addressed. One State should not be un- proportionate impact on California, Many of them are refugees, with no fairly penalized as California is, and no which Senator FEINSTEIN and I have sponsor to fall back on if they are cut child should suffer as a result of our quantified as best we can. off from the assistance they des- work. This bill saves nearly $60 billion over perately need. According to the Cali- Mr. DORGAN. Mr. President, I will 6 years. Where do these savings come fornia State Senate Office of Research, vote for the welfare reform bill before July 23, 1996 CONGRESSIONAL RECORD — SENATE S8525 us today because I believe the welfare Our plan called for a time-limited I urge the conferees on the bill to system in this country is broken and and conditional entitlement. It would continue to work with the White House needs to be fixed. have required all able-bodied adults to and with the best minds from both par- The welfare system serves no one go to work. Our plan provided people ties to reach agreement on a plan we well—not recipients and not taxpayers. with the tools to move from welfare to can all support, and that the President We need to preserve a safety net for work; tools like job training, job will sign. We can do it. We can have a those who truly need help, but that search assistance, and most impor- plan that saves lives, saves tax dollars, safety net should be one that encour- tantly, child care. creates opportunities for work, and ages work, facilitates self-reliance, and We recognized that the No. 1 barrier protects children. doesn’t punish innocent kids. to work is the lack of affordable child I hope the conferees will negotiate in The legislation before us is not per- care. So our bill provided sufficient good faith to achieve a plan that is fect, and I have concerns about many funds to ensure that child care would tough on work and protects kids. I aspects of the bill. be available to families as parents would be proud to vote for that plan. Despite my reservations, this bill moved into the work force. PROTECT CHILDREN permits us to move the welfare reform The work first bill also protected Mr. KERRY. Mr. President, there is process forward. This bill requires re- children. We made sure that our reform nothing more important to this debate cipients to work after receiving welfare was targeted at adults not at children. today than constantly reminding our- for 2 years, and set a 5–year limit on We included provisions to ensure that selves that our focus ought to be this total assistance. It permits recipients no child would go hungry or go without Nation’s children and their well-being. to use some of their time on assistance needed health care because a parent That was the focus when, under Frank- to get the education and training they had failed to find and keep a job. lin Roosevelt’s leadership over 60 years need to find and keep a job. It provides So let me be clear. I support welfare ago, title IV–A of the Social Security child care for welfare recipients who reform. Throughout this Congress, I Act was originally enacted. As we pro- want to work. It places a priority on have fought for welfare reform. I have ceed in this debate about children—and preventing teen pregnancies. And it re- coauthored not one, but two, major it is a debate about children because quires absent fathers to help pay for welfare initiatives. And I had hoped to over two-thirds of current welfare re- the costs of raising their children. be able to vote for a welfare reform bill cipients indeed are children—their in- And we have made some important today. terests should be uppermost in our improvements since this bill was intro- Unfortunately, I cannot vote for this minds. duced. We increased the requirement bill. This bill does not provide ade- There is no disagreement that I can that States continue to make their quate protection for children. What find in this Chamber, and very, very own contributions to maintaining a will happen to children once their par- little across the Nation, that our wel- strong safety net. We strengthened pro- ents reach the time limit for benefits? fare system needs reform. Despite what visions to guarantee that the Food Without vouchers to ensure that the on the part of many who have been in- Stamp Program will provide assistance basic subsistence needs of children are volved in legislating, implementing, when people need it most. And we re- met, we know that children will suffer and administering the existing welfare stored money for the summer food pro- if their parents have not found jobs. We program is good faith and intentions, gram for kids. I will support this legislation despite simply cannot punish children for the that welfare system has been buffeted my reservations, and advance the bill shortcomings of their parents. by the forces of society and culture; for to conference with the hope that it will Although we adopted a good amend- far too many it offers little real help or be further improved in conference. If ment today to prevent the Food Stamp incentives for movement toward self- the final bill does not maintain a Program from becoming a block grant, sufficiency. Instead, for far too many, strong safety net for children, I will this bill still contains deep cuts in food it has become at best an indifferent not support it. stamps. Families who depend on the means of providing a bare subsistence Ms. MIKULSKI. Mr. President, I was Food Stamp Program to meet their income. ready to vote for a welfare reform bill basic nutritional needs will suffer from In many ways, our world and our Na- today. I believe we need welfare re- the cuts in this bill. Even families with tion are very different places than form. I have fought for a tough welfare full-time workers sometimes need food when the original Federal welfare pro- reform bill, and I have voted for wel- stamps because their full-time jobs gram was established in the thirties. fare reform. don’t provide enough money to feed The objective, Mr. President, ought to It is deeply disappointing to me that their families. This bill will hurt them be the same. But the means must be I must vote against final passage of too. adjusted. The objective is to prevent this bill. This bill does not provide enough human misery, to give Americans, es- I voted for the bill which the Senate money for child care. In fact, it is like- pecially children, a helping hand when passed last year. I hoped at that time ly that States will be unable to meet they otherwise face destitution and that the conference on that bill would the work requirements of the bill be- poverty. A handout may once have make even further improvements in cause of the inadequate level of child functioned with considerable effective- the bill, and that we would be able to care funding. Parents who are ready to ness to help those in poverty toward send a good bill to the President for his work and who want to work will not be that objective. Now we understand the signature. able to work if there is not child care importance of child care, training, I was disappointed when the con- which is both affordable and available. work search assistance, health care, ferees last year took an acceptable bill These holes in the safety net for chil- and other ingredients if families are to and turned it into an unacceptable and dren are of deep concern to me. If pro- move toward self-sufficiency. punitive one. Welfare reform was with- tecting children is a priority for this We know that 15.3 million children in in our grasp last year. But we let it slip Congress, how can we take a chance on this Nation live in poverty. This means away by placing political consider- a bill which is sure to hurt innocent that 21.8 percent of our children—over ations ahead of sound policy decisions. children. We cannot. one in five children—are impoverished. I hope we will not make the same mis- Mr. President, I have not given up on In Massachusetts, there are more than take this year. welfare reform. While I cannot vote 176,000 in this category. Despite the I have not only voted for welfare re- ‘‘yes’’ for this bill today, I hope that stereotypes, Mr. President, the major- form, but I am one of the coauthors of the conference on the bill will continue ity of America’s poor children are the work first bill, which would have to build on the progress we have made white—9.3 million—and live in rural or ended welfare as we know it. Along on this issue. Unlike last year’s con- suburban areas—8.4 million—rather with my coauthors, the Democratic ference, which took an adequate bill than in central cities where 6.9 million leader, Senator DASCHLE and Senator and made it unacceptable, I hope that of them reside. BREAUX, I am proud that we crafted a this year’s conference will make a The other point on which we can plan that is tough on work but not good, strong bill out of this unaccept- agree, because it is a fact rather than tough on children. able bill. an opinion, is that the child poverty S8526 CONGRESSIONAL RECORD — SENATE July 23, 1996 rate in this Nation is currently dra- work, one that would be desirable for nally proposed in this legislation had matically higher than the rate in other the country. I was personally involved been in place during the last national major industrialized nations. Accord- in that effort. Last week, I offered an recession, 8.3 million fewer children ing to an excellent, comprehensive re- amendment that the Senate approved would have been served by the pro- cent report by an international re- by voice vote which makes what I be- gram. Under this bill, not only would search group called the Luxembourg lieve to be an important change. In they not have had food stamps, many Income Study, the child poverty rate keeping with my belief that we must of them would have had no welfare ei- in the United Kingdom is less than half keep our eye on the ball as we legis- ther. Where would they have been, Mr. our rate—9.9 percent, the rate in late—and that objective in this case is President? Fortunately, we stitched up France is less than one-third our rate— to reduce poverty and increase the self- this hole today. 6.5 percent, and the rate in Denmark— sufficiency of America’s poor fami- When I cast my vote for final pas- 3.3 percent—is about one-sixth our lies—my amendment provides that if a sage, I will be very mindful of these rate. State’s child poverty rate increase by 5 critical changes today. I also will be We know that poverty is bad for chil- percent, then the State must file a cor- mindful of the fact that this bill was in dren. This for many would qualify as a rective action plan with the Secretary several ways better than the welfare truism, but perhaps others require to of Health and Human Services. If reform legislation that the Senate be shown. Nobel Prize-winning econo- States can—as they and the Republican passed last fall. This bill includes near- mist Robert Solow and the Children’s authors of this bill fervently maintain ly $4 billion more for day care for the Defense Fund recently conducted the they can—achieve economies of scale children of parents required to find and first-ever study of the long-term im- never realized when the program was hold jobs. It includes a $2 billion con- pact of child poverty. They found that overseen by the Federal Government, tingency fund to help States as they their lowest estimate was that the fu- and successfully refocus the program try to help what inevitably will be a ture cost to society of a single year of on moving the family heads in welfare growing number of impoverished peo- poverty for the 15 million poor children families and other impoverished fami- ple when recessions hit, as they un- in the United States is $36 billion in lies toward self-sufficiency, then child questionably will. lost output per worker. When they in- poverty should decrease. More chil- I also will be acutely mindful, Mr. cluded lost work hours, lower skills, dren, and more families, will be better President, of the limits to which I am and other labor market disadvantages off if this new approach works. But if willing to go with this experiment related to poverty, they found that the that is not the outcome—if child pov- called for by President Clinton during future cost to society was $177 billion. erty increases, then my amendment the 1992 Presidential campaign and en- Mr. President, the way in which the dorsed by the Republican Party in the Republicans who control both the Sen- will require States to confront that re- ality and to adjust in an attempt to 1994 congressional elections. Ideally, ate and the House of Representatives this bill will be improved and strength- repeatedly have attempted to reform meet the program’s objectives. I and ened in conference committee. That is welfare is not what I believe this Na- many others will be watching ex- certainly possible if the President, who tion wants or believes is the proper tremely closely to see how the program has been very quiet when asked how he way, the best way, or the moral way to works, and to see how this adjustment believes this bill must be augmented, address poverty and millions of fami- mechanism I authored functions. will clearly enunciate what he believes lies that are not self-sufficient in our And if neither the program nor the to be essential ingredients if he is to late 20th century society. A number of adjustment mechanism functions ac- sign welfare reform legislation into the components of Republican co- ceptably, I will be the first to fight to law. I maintain hope that we can pro- called welfare reform proposals, even devise a new approach. Ultimately, if vide vouchers that will continue to charitably, can best be described as pu- we are sending Federal money to the nitive, or budget driven. I simply re- States to combat poverty, we must de- provide basic human necessities for coiled as I reviewed proposals, for ex- mand that poverty recede. children whose parents hit the lifetime ample, to eliminate the access of chil- When I came to the Senate floor this assistance limit imposed by this bill. I dren to health care. I shook my head in morning, I was gravely concerned that also hope that the cutoff of legal immi- disbelief as I read provisions that the democratic process, as it often will, grants will be rethought and at the would deny food stamps—and very had produced an unacceptable product. very least made less severe. The Presi- probably a minimally nutritious diet— Despite the addition of my amendment dent can and I hope will lead the way to children whose parents in some and some amendments by others, this in both these matters and others. cases have made unacceptable choices, bill still tore huge holes in the safety At the very least, Mr. President, no matter how misguided and unac- net. there must not be reversion or erosion ceptable they are. Today, repair stitches were made in in this legislation. We must not see re- But we are faced here, in the institu- two of the most distressing of these trenchment with regard to those few tion that has been elected by the peo- holes. The Senate voted to maintain hard-won improvements that make ple of the United States to make the the current eligibility standards for this bill a marginally acceptable risk. Nation’s major policy decisions and to Medicaid, ensuring that those who now It is time for an experiment that we design its major government inter- qualify for medical assistance, includ- hope will improve the lives and oppor- actions with those people, with the ne- ing those who do so by virtue of their tunities of millions of families and cessity to work together to produce eligibility for the welfare program the their children. It is not time to take change. Either we struggle successfully legislation would abolish, will continue frightful risks with those lives, based to reach some kind of middle ground to qualify for medical assistance. The on a groundless faith that harsh dis- which a majority can accept, or we do repair made by the Chafee-Breaux cipline will remedy all social ills. I nothing at all. amendment was of great importance. must serve notice that if the legisla- Surely, in welfare as in all other The Senate also voted to preserve the tion that returns for final Senate ap- areas, there are those who so fear Food Stamp Program as a Federal as- proval increases those risks, I will op- change—for any of a host of reasons— sistance program that will be available pose it. that they prefer the status quo. I do to all Americans on the basis of the If this bill becomes law, Mr. Presi- not believe the status quo best serves same income and assets limits that dent, no one should prepare to relax. this Nation and its people. I do not be- now apply. That means the Food We have much, much more to do and lieve the status quo best serves this Stamp Program will continue to oper- this is only the opening chapter. As Nation’s future. And I do not believe ate as a safety net on a national basis, this new picture unfolds, I will be the status quo best serves those who ensuring that, at the very least, Ameri- watching intently—and I will not be are the unfortunate, the impoverished, cans can eat—and that the assistance alone—to be certain that our efforts the destitute, the left out in our Na- will fluctuate as it must based on eco- and resources have a positive effect on tion. nomic conditions across the Nation. children and families, and that they Democrats have labored mightily to The Department of Agriculture had es- have real opportunities to realize their turn a punitive bill into one that will timated that, if the block grant origi- potential as human beings. That is the July 23, 1996 CONGRESSIONAL RECORD — SENATE S8527 objective we seek, and it is on reaching NO HEALTH COVERAGE FOR CHILDREN The PRESIDING OFFICER. Under that objective that we must insist. The Senate bill ends the Federal the previous order, the Senator from Mrs. FEINSTEIN. Mr. President, I guarantee of health insurance or Med- New York is recognized for 5 minutes. had truly hoped that I could support icaid for women on AFDC and their Mr. MOYNIHAN. Mr. President, I legislation that could deliver meaning- children. In California, 290,000 children have the honor to yield 2 minutes to ful and historic reform of our Nation’s and 750,000 parents would lose cov- my distinguished friend from New Jer- welfare system, but this bill forces erage, according to the Children’s De- sey, Senator BRADLEY. California to bear far more than our fense Fund. California has the third The PRESIDING OFFICER. The Sen- fair share of the burden. highest uninsured rate in the Nation at ator from New Jersey. Last year I voted for the Senate bill 22 percent of the population. Mr. BRADLEY. Mr. President, I do and against the conference bill because DENIAL OF BENEFITS TO LEGAL IMMIGRANTS not think we have really even started California’s concerns were not met. The Senate welfare reform bill would to talk about the consequences of this This year, I would hope that some of deny SSI and flood stamps to most act on the lives of people who actually these items could be fixed in con- legal immigrants, including those al- live in American cities. If this bill ference committee, so that we are able ready residing in California. In 1994, passes and we look ahead 5 years into to vote for a bill at the end of this 15.4 percent, or 390,000, of AFDC recipi- the future, city streets will not be process. ents in California were noncitizens. safer, urban families will not be more Nearly one-third of the net reduc- Fifty-two percent of all legal immi- stable, new jobs will not be created and tions contained in this bill fall on just grants in the United States who are on schools will not be better. None of one State: California. California is SSI and AFDC reside in California. Los these things will happen. Instead, this being asked to shoulder $17 billion in Angeles County estimates that 234,000 bill will simply punish those in cities cuts—one-third of the entire savings. aged, blind, and disabled legal immi- least able to cope. With the repeal of title IV of the So- The question is, what is the State able grants would lose SSI benefits, 150,000 cial Security Act, the Federal Govern- and willing to provide to fill in the people would lose AFDC, and 93,000 SSI recipients would lose benefits under ment would have broken its promise to gap? An examination of Governor Wil- children who are poor. It will have son’s budget indicates that dollars this bill. The county estimates that the loss of SSI funds could result in a washed its hands of any responsibility budgeted for food stamps, AFDC, and for them. It will have passed the buck. benefits for legal immigrants drop cost shift to the county of more than $236 million annually. Loss of Medicaid What we need to do to change the from an estimated $1.9 billion in the broken welfare system is not block current fiscal year to just over $1.5 bil- coverage for legal immigrants would shift an additional $100 million per grants. What we need is not transfer- lion in 1997—therefore, counties cannot ring pots of money from one group of expect a large bailout from the State. year. With this in mind, I cannot support politicians to another group of politi- Consequently, for those who deserve this bill, because I believe it unfairly cians without regard to need, rules or special help, whether they be aged, disadvantages California. It would be accountability. blind, developmentally disabled or my hope that as the conference process In fact, with the block grant, we will mentally ill, an increased burden will continues, this can be taken into con- even be paying for people who have most certainly fall on the counties. sideration and the bill that emerges been shifted off the State welfare rolls NO SAFETY NET FOR CHILDREN can be fair across the board and not onto the Federal SSI rolls. In 22 States S. 1795 ends the Federal guarantee of single out any one State for one-third that have cut welfare rolls, 247,000 cash assistance for poor children and of the burden of the cuts. adults went off AFDC and 206,000 went families, and provides no safety net for It is especially important that indi- on to SSI. children whose parents reached the 5- vidual counties in California take a Because Governors are good at gam- year time limit on benefits. There are close look at the impact this legisla- ing Federal funding systems, we will be approximately 2.7 million AFDC recipi- tion will have on their jurisdiction. For paying for these 206,000 people through ents in California, of which 68 percent example, Los Angeles County contin- the block grant at the same time we are children. Under the time limit, 3.3 ues to be the most devastated county are paying for them through SSI. What million children nationwide and 514,000 in the Nation under this bill with al- we need is a steady Federal commit- children in California would lose all as- most $500 million in added costs each ment and State experimentation so sistance after 5 years. year. California counties must help us that we can change welfare in a way The Children’s Defense Fund esti- press our case with the House-Senate that will encourage marriage, get peo- mates that under this bill, 1.2 million conferees on the impact of this bill. ple off welfare rolls and into jobs for more children would fall into poverty. The PRESIDING OFFICER. The the long term. Sadly, this bill will California’s child poverty rate was 27 question is on the engrossment and produce the opposite result. percent for 1992–94, substantially above third reading of the bill. Mr. MOYNIHAN. Mr. President, I the national average of 21 percent. The bill was ordered to be engrossed have the honor to yield 2 minutes to Under this bill, even more children in for a third reading and was read the my distinguished friend from Illinois. California would be living in poverty. third time. The PRESIDING OFFICER. The Sen- ator from Illinois is recognized. FOOD STAMPS DRASTICALLY REDUCED The PRESIDING OFFICER. Under the previous order, the clerk will re- Ms. MOSELEY-BRAUN. Mr. Presi- California will lose $4.2 billion in dent, I thank very much the Senator cuts to the Food Stamp Program, re- port H.R. 3734. The assistant legislative clerk read from New York. ducing benefits for 1.2 million house- Mr. President, I believe that the Sen- holds. Nearly 2 million children in as follows: A bill (H.R. 3734) to provide for reconcili- ate will rue the day that we pass this California receive food stamp benefits. legislation. This day, this bill opens up Children of legal immigrants would be ation pursuant to section 201(a)(1) of the con- current resolution on the budget for fiscal the floor under poor children which in eliminated from food stamp benefits year 1997. our lifetimes no child has ever had to immediately. The Senate proceeded to consider the fall no matter how poor, how irrespon- CHILD CARE FUNDING INADEQUATE bill. sible its parents might be. This day, in Currently in California, paid child The PRESIDING OFFICER. Under the name of reform, this Senate will do care is not available to 80 percent of el- the previous order, all after the enact- actual violence to poor children, put- igible AFDC children. The Senate wel- ing clause of H.R. 3734 is stricken and ting millions of them into poverty who fare reform bill awards child care block the text of S. 1956, as amended, is in- were not in poverty before. grants to States based on their current serted in lieu thereof. No one in the debate on this legisla- utilization of Federal child care funds. The question is on the third reading tion has fully or adequately answered But California’s current utilization of the bill. the question: What happens to the chil- rate is low, so California would be in- The bill (H.R. 3734), as amended, was dren? They are, after all, the greatest stitutionally disadvantaged under this ordered to a third reading and was read number of people affected by this legis- bill. the third time. lation. S8528 CONGRESSIONAL RECORD — SENATE July 23, 1996 Mr. President, 67 percent of the peo- should—while it does not, for example, the Democratic work first plan that re- ple who are receiving welfare today are contain any provision to reform Medic- grettably, in my view, did not pass the children, and 60 percent of those chil- aid—it represents a good start. There Senate. dren are under the age of 6 years old. have been compromises, Mr. President. I believe, Mr. President, that the bill This bill makes a policy assault on Welfare reform is so important to the before us is maybe, just maybe, the nonworking parents, but it uses the American people that they have let us framework for a welfare plan that can children as the missiles and as the know that there should be compromise, win the support of a majority in both weapons of that assault. if that’s what it takes. Houses, and just as important, the ap- I believe that this bill does not—does This legislation, I believe, represents proval of the President. It is near the not—move in the direction of reform. a good compromise. It contains real best plan we can pass and bring to bear Reform would mean that we give peo- work requirements. It contains real on a welfare system that cries out for ple the ability to work, to take care of time limits. It cancels welfare benefits change. their own children. It would have a for felons and noncitizens. It returns I will not strike my tent now because commitment to job creation, to ade- the power to the States and commu- I did not get everything I wanted in quate child care, to job training, to job nities, and it encourages personal re- this bill. I believe that it goes a long placement. But this legislation, Mr. sponsibility toward combating illegit- way to reforming much that is wrong President, does none of those things. imacy. with the welfare system. We cannot This legislation does not give able- Mr. President, this welfare reform lose this opportunity to break welfare’s bodied people a chance to work and proposal is the first step in a necessary bitter cycle of dependency. support their own children. It simply is effort to bring compassion and sensibil- It is my sincerest hope that the ma- election-year politics and rhetoric ity to a process that has gotten out of jority will work with those of us ap- raised to the level of policy. I believe hand. It benefits children by breaking pointed as minority conferees and with this bill cannot be fixed—not in con- the back of Government dependency; it the President during conference to im- ference committee, not on anybody’s requires sincere effort on the part of prove this measure, and to push that desk—and I believe that this bill is a their parents—effort that will restore process forward. I hope, as well, that shame on this U.S. Senate. respect, pride, and economic security the Senate will insist on its more mod- The PRESIDING OFFICER. The Sen- within the home—effort that will lay a erate positions in the conference with ator from New York has 30 seconds re- new foundation for future generations. the House. maining. Our current failed system has not Mr. President, in my 18 years in the Mr. MOYNIHAN. Mr. President, I ask done this. Prof. Walter Williams shows Senate, this Senator has always sought unanimous consent for an additional 20 how the money spent on poverty pro- the middle ground. I do so again today. seconds. grams since the 1960’s could have I will vote for this bill today and re- The PRESIDING OFFICER. Without bought the entire assets of the Fortune serve my final determination until the objection, it is so ordered. 500 companies and virtually all U.S. conference report returns to the Sen- Mr. MOYNIHAN. Mr. President, Sen- farm land. Consider that again—all the ate. ators such as I, such as Senator PAUL assets of the Fortune 500 companies In closing, let me take a moment to WELLSTONE, cannot conceive that the and virtually all U.S. farm land. With thank the Democratic staff, and in par- party of Social Security and of civil all this, where are we? Welfare rolls are ticular, Bill Dauster, Joan Huffer, Jodi rights could support this legislation at record highs, problems are mounting Grant, and Mary Peterson. They have which commences to repeal, to under- and the attendant consequences are provided invaluable service to this Sen- mine both. Our colleagues in the House worse than ever. ator and our caucus. did not, nor should we. Our reform legislation ends this de- I yield the balance of my time to the The Washington Post concluded this structive cycle. It replaces the hope- Senator from California. morning’s editorial, I quote: lessness of the current system that en- Mrs. FEINSTEIN. I thank the Sen- This vote will likely end up in the history genders dependency with the hope that ator. books, and the right vote on this bill is no. comes from self-reliance. Thirty years Mr. President, how I wish I could I thank the Chair, and I yield the is long enough. The safety net has be- vote for this bill. I voted for the last floor. come a snare. Freedom for the families Senate bill and then voted against the The PRESIDING OFFICER. Under trapped in dependency comes only conference committee report because I the previous order, the Senator from through responsibility—through per- did not think the conference commit- Delaware is now recognized for up to 5 sonal accountability—and that is the tee report was an improvement on the minutes. step we take today with this legisla- Senate bill. Mr. ROTH. Mr. President, S. 1956 is a tion. Today I, and I believe my colleague good package, and just as this Congress I appreciate all who have worked on from California, will vote against this has begun to reverse 30 years of liberal- both sides of aisle to bring us to this bill in hopes that when the bill comes spending policies, this welfare reform point. We have established a reform out of conference it is a bill that does proposal reverses 30 years of social pol- proposal that the President should be not so severely disadvantage one State icy. able to sign. I ask him to make good on in this Union, and that State is Califor- Mr. President, 30 years of welfare pol- his promise. Mr. president, please take nia. icy has demonstrated that Government this first, important step toward end- Mr. President, as I look at the sav- cannot promote policies that divide ing welfare as we know it. ings of this bill, a net of about $55 bil- families and expect healthy children; The PRESIDING OFFICER. Under lion, $17 billion of those savings come Government cannot centralize power the previous order, the Senator from from the largest State in the Union and expect strong communities; Gov- Nebraska is now recognized for 5 min- and the State I believe most impacted ernment cannot challenge and under- utes. by poor people. We know $9 billion mine religion and then expect an abun- Mr. EXON. Mr. President, the welfare comes from the cutoff of legal immi- dance of faith, hope, and charity. reform bill before us will win no beauty grants, including refugees and asylees This reform initiative is largely contests. It is not the fairest of them who have no sponsor—the aged, the based on the proposals made by our Na- all—and I intend the double meaning. halt and the blind—$3.5 billion of tion’s Governors, and it mirrors the With reservations, I voted in commit- AFDC, and $4.2 billion of food stamps, Personal Responsibility and Work Op- tee to send the measure to the floor. I totaling about a $17 billion impact on portunity Act of 1995. Remember, Mr. wanted changes for fairer treatment of the State of California. President, that act was reported out of children and other stated concerns. We Now, I ask the State legislature, the the Finance Committee and passed the have made some improvements, but State of California, look at the budget. Senate by a vote of 87 to 12 before more are needed. Are they prepared to pick up some of being vetoed by Bill Clinton. In the opinion of this Senator, we the difference? I ask the counties to let This legislation is much the same. have already voted on the best welfare Senator BOXER and I know how this While it doesn’t have everything it reform bill. That distinction belongs to bill impacts your county, because I July 23, 1996 CONGRESSIONAL RECORD — SENATE S8529 suspect it is going to be a major trans- sector, if you cannot get a job on your I want to thank Senator Dole, who left fer, particularly on counties like Los own, the State will assist you getting the Senate to run for President, for his Angeles. I suspect Los Angeles County that job. If you cannot find a private- work before he left here. Without that will be the county most impacted by sector job, the State will assist you in work in leading us on the budget reso- the passage of this bill in the United getting a public-sector job. There are lution that created it, we would not be States of America. no more barriers because of labor here. A fair bill, OK, I vote for; but a bill unions to get that job in the public or Now, Mr. President, I want to talk that says, OK, we will take from the private sector. This is the real deal about history, because I heard a couple biggest State in the Union as much as when it comes to work, when it comes of speakers from the other side say we possibly can—and that is what this to education, training, and helping that history would rue this day. I be- bill has done to date. I do not believe it families get out of poverty. From now lieve history will praise this day, be- is a fair-share bill. I do not believe we on, after this bill, we are no longer cause I believe a system that has failed see communities across the Nation going to measure whether we are suc- in every single aspect will now be doing their share. Perhaps because we cessful in poverty by how many people thrown away, and we will start over have the two largest metropolitan we have on the welfare rolls, but by with a new system that has a chance of areas in the Nation is one of the rea- how many we got off of the welfare giving people an opportunity instead of sons why this bill will fall very hard on rolls, because they have dynamic op- a handout. They will have a chance to poor people and cities, and particularly portunities for education and training get trained and educated, go to work on cities that have large numbers of to make that happen. And, yes, they and feel responsible, instead of this law dispossessed. have requirements. on the books for decades that is out of Mrs. BOXER. Will the Senator yield? We have had lots of welfare reform tune with our times, which makes peo- Mrs. FEINSTEIN. I am happy to pass in the U.S. Senate for years and ple feel dependent, makes people feel yield to the Senator. years. But there has never been the re- neglected. It is time that it be changed. The PRESIDING OFFICER. All time quirement to have to work. I know Now, frankly, kids are us, and this has expired. some people say that is mean and bill is about our kids, because if any- Mrs. BOXER. I ask unanimous con- tough. I can tell you that it is the only body thinks the children that are sent for 30 additional seconds, if I way that you move people who are hav- under this welfare system are getting a might. ing struggling times in their lives off of good deal today, then, frankly, I do not The PRESIDING OFFICER. Without those welfare rolls. It is tough love— know what could be a rotten deal, be- objection, it is so ordered. but the operative word is love. It is cause they are getting the worst of Mrs. BOXER. In my 30 seconds, I there and it is to help people. America. We are perpetuating among want to underscore, first of all, what I hear a lot of people say, ‘‘Well, this their adult relatives and parents a sys- my senior Senator said, which is that is going to punish children, and we tem of dependency, a system that lets we are very willing to make changes in should not punish the children,’’ as if them think less of their children be- welfare. We want to reform welfare. We the current system does not punish cause they think less of themselves. We both said that when we ran for the U.S. children, as if illegitimacy rates where can go right down the line. Senate. We have both supported our over a third of all the children born in We intend to return responsibility to Democratic leader’s bill, and we even America are born to single moms does the States, with prescriptions that are voted for a Senate bill. not punish children. That does not hurt set out by us that give them plenty of The fact of the matter is that this, kids not to have a father in the house- room to do a better job than we have essentially, is paid for by one State. I hold? That does not hurt kids not to been doing. That is what this approach will tell you, that is unfair. Yes, we are have the work values that are taught is all about. the largest State, and we have a lot of in the household where a mom gets up This is a bill that gives those who the population, but not to the extent in the morning and a dad gets up in the have been campaigning for years, say- that we are hit. morning and goes to work? That does ing, ‘‘Let us get rid of welfare as we Also, when this country cannot pay not hurt kids? It does not hurt kids to know it’’—and I will not even cite who for diapers for its children and food and have to go out and play in a play- used that the most. Well, we are finally school supplies for its kids, I think we ground and worry about stepping on a doing that today. When we come out of ought to relook at who we are. needle from a drug addict? Of course, it conference, we are going to send our Thank you. does. This system hurts kids. That is President a bill. Our President is going The PRESIDING OFFICER. Under why we are here—because the system to have before him a bill that says: the previous order, the Senator from hurts kids. Here, Mr. President, you can get rid of New Mexico is recognized for 5 minutes The issue before us is whether it is welfare as you know it. Just sign this 30 seconds. more important to have a Federal safe- endeavor. Mr. LOTT addressed the Chair. ty net system that is there to provide Now, from my own standpoint, I have The PRESIDING OFFICER. The ma- for every aspect—and the majority been part of trying to push reform and jority leader is recognized. leader will talk about this—of the 50 or save money. Many times, the bullets Mr. LOTT. Mr. President, I yield 3 more programs that are there to take that we vote on are not real bullets, minutes of my leader time to the Sen- care of every possible need a child in but this is a real one. When you vote on ator from Pennsylvania [Mr. America has. Is that what we want? Do this bill, you are going to change the SANTORUM]. we want the Federal Government guar- law. When you voted on amendments, The PRESIDING OFFICER. The Sen- anteeing every aspect of everybody’s they were real amendments. I com- ator from Pennsylvania is recognized. life? Or do we want solid families, safe pliment the Senate for a tough job. Mr. SANTORUM. I thank the major- neighborhoods, good schools, the val- There were many amendments. The bill ity leader. Mr. President, I just want to ues of work, and an opportunity to pur- that came out of it is a better bill than say that this is welfare reform. This is sue the American dream? I will trade when it started. I believe some other the dramatic change in the system guarantees of Government protection Senators will cite the many aspects of that the American public has been ask- of every aspect of someone’s life for a this bill that protect our children. For ing for for years and years and years. solid home, a solid community, and myself, I believe there are 8 or 10 provi- This is the real deal. This is the oppor- loving parents. sions. Food stamps remain an individ- tunity to change millions of people’s I yield the floor. ual entitlement, current law Medicaid lives. This is the opportunity that peo- Mr. DOMENICI addressed the Chair. protection, child care subsidized, child ple who are poor in this country have The PRESIDING OFFICER. The Sen- development block grants—$5 billion been wanting and asking for for a long, ator from New Mexico. more, for a total of $14 billion. So peo- long time—the opportunity to get edu- Mr. DOMENICI. Mr. President, first, ple can go to work and have somebody cation and training that is meaningful, I thank the majority leader for his care for their children. This and many the opportunity to go to work, and if backing on this bill and for his con- more provisions make this a bill that you cannot find a job in the private stantly pushing us to get this job done. we can be proud of for our children. S8530 CONGRESSIONAL RECORD — SENATE July 23, 1996 Last but not least, let me conclude, if This bill is not perfect. But it is a We also know after the experience we ever we had a chance to say to Ameri- major step in the right direction. It de- have had for the last 18 months that cans, as America’s economy grows, we serves our support and our vote to send there is no easy solution. want you to be part of it, profit from it to conference and see if it can some- Democrats offered the ‘‘Work First’’ it, have a dream, and this is an oppor- how be improved. It is not a perfect bill that did three things: It required tunity for welfare recipients of the past bill. But I would suggest it is a major work for benefits. It provided flexibil- to participate in a real future, and for improvement over the current system. ity for States, and it required protec- us to never again have welfare people Mr. LOTT. Mr. President, I yield 3 tion for children. I am disappointed among us that we think we are helping minutes of my leader time to the dis- that not one Republican voted for that when, in fact, we have been hurting tinguished Senator from Oklahoma. piece of legislation. them. Let them share in the dream, The PRESIDING OFFICER. The Sen- Every single Democrat supported also. That is our hope, that is our wish, ator from Oklahoma is recognized. welfare reform when it came to the and that is what we believe history will Mr. NICKLES. Mr. President, first I Senate floor—not once, not twice, but say about this effort. would like to compliment Senator DO- on three different occasions. I yield the floor. MENICI and Senator ROTH for their lead- In spite of our failure to convince our The PRESIDING OFFICER. Under ership on this bill; in addition, Senator Republican colleagues to join us in the previous order, the Democratic LOTT and Senator Dole because they passing a bill that represented mean- leader is recognized. have worked hard to bring this about. ingful welfare reform, Democrats have Mr. DASCHLE. Mr. President, as I This truly is a historic piece of legisla- worked with Republicans to improve understand it now, both leaders have tion because we really are reforming the pending bill. their leader time to be used for pur- welfare. And we should. The present There are, as a result of our amend- poses of closing the debate. I will yield welfare system is broke. It is a failure. ments, more resources for child care. 2 minutes of my time to the distin- It has not worked. There is a greater requirement for We have 334 federally defined welfare guished Senator from Louisiana. States for maintenance of State effort. The PRESIDING OFFICER. The Sen- programs stacked on top of each other. There is a requirement for access to They cost hundreds of billions of dol- ator from Louisiana is recognized. Medicaid and food assistance, and pro- Mr. BREAUX. Mr. President, I thank lars. The cost of welfare in 1960 was $24 tection for women from domestic vio- the leader for yielding. Is this bill per- billion. The cost of welfare in 1995 was lence. almost $400 billion. We have spent tril- fect? Of course not. Nothing that we as So now at this hour at the end of this lions of dollars in the last three dec- humans do is ever perfect. But is it a debate the question is very simple: Is ades. What do we have? We have more bill that desires and needs and deserves this bill now good enough to pass? In welfare dependency, more people de- our support at this time in order to my view, unfortunately, the answer is pendent on the Federal Government, send it to conference? The answer, I no. Too many kids will still be pun- and more people addicted to welfare. In think, is clearly yes. ished. Too many promises about work President Clinton said that the goal my opinion, it has hurt the bene- will remain unfulfilled. Too many op- of welfare reform should be to be tough ficiaries in many cases more than it portunities to truly reform welfare will on work, but good for kids. This bill is has helped them, and it certainly has have been lost. tough on work. It sets time limits for hurt the taxpayers in the process. The Congressional Budget Office says We need to help taxpayers save some how long someone can be on welfare. It that most States, even with the bill be- money. But, more importantly, we sets out work requirements. It tells fore us today at this moment, will fail need to help the so-called beneficiaries teen parents, for the first time, that to meet the work requirement. The to help them climb away from welfare they have to live with an adult or with Congressional Budget Office says there into jobs; into more self-reliance; into their parents. It is a tough bill on are insufficient funds in this legisla- more independence and away from work, but it is also a bill that is good tion to make a meaningful difference. more Government dependence. for kids. This bill has time limits. This bill The bill is heavy on rhetoric, and we This bill has the same language on has real work requirements. This bill is have heard a lot of it today and vouchers as a bill that passed this body real welfare reform. throughout this debate. But in my 87 to 12. President Clinton, as a candidate and view, Mr. President, this bill is still too I would have liked the Ford amend- also recently, has been saying that we light on real reform. It is either a huge ment to pass. But the language is ex- need to end welfare as we know it. I new unfunded mandate to the States, actly what we passed already 87 to 12 have applauded that comment. But, un- or an admission by Republicans that when it comes to taking care of fami- fortunately, his actions have not done they really do not expect this bill to lies after this time limit on welfare is that. He has vetoed real welfare reform work in the first place. determined. twice. I hope he does not veto this bill. But perhaps my biggest concern is There are about 49 programs that A ‘‘yes’’ vote, in my opinion, is a vote the concern that many of us share for will be available to families after the 5- for real welfare reform. A ‘‘no’’ vote is children. This bill says that it does not year limit is reached; 49 separate pro- a vote for status quo; the continuation matter how bad things are, how des- grams that we in America say we are of a welfare cycle in a welfare system titute, how sick, or how poor kids may going to make available to families. that unfortunately is a real failure. be. Kids of any age—6 months or 6 We have corrected the Food Stamp I thank my leader. years—are going to have to fend for Program with the Conrad amendment. Mr. DASCHLE addressed the Chair. themselves. When it comes to kids, It is still an entitlement program. The PRESIDING OFFICER. The mi- when it comes to their safety net, this We have preserved the Medicaid nority leader. bill is still too punitive. health protections for families and for Mr. DASCHLE. Mr. President, let me And I have heard the discussion of a children, and for pregnant mothers. It begin by congratulating the distin- list of other Federal programs that is still an entitlement program. guished Senator from Nebraska for his may be provided. But, Mr. President, We have added $5 billion to what admirable job in helping to manage the emphasis is on ‘‘may.’’ We are talk- passed this Senate in terms of child this piece of legislation on the Senate ing for the most part about discre- care. We have current law on child wel- floor. I also want to commend the dis- tionary programs here that are in large fare protections for foster care because tinguished Senator from Connecticut, measure underfunded today. of our amendments. Senator DODD, the Senator from Mary- Eight million children in this coun- We have SSI cash payments for dis- land, Senator MIKULSKI, Senator try do not deserve to be punished. They abled children, social service programs BREAUX, and so many others on our need to be protected. for children under title XX, housing as- side who have worked so diligently now You can come up with a litany as sistance, child nutrition assistance for over the better part of 18 months in an long as you want of programs that children, the school lunch program, the effort to bring us to this point. technically are designed to provide as- school breakfast program, and the I think it is fair to say that everyone sistance. But, if they do not have the summer food program. of us knows that reform is necessary. resources, if we do not have the safety July 23, 1996 CONGRESSIONAL RECORD — SENATE S8531 net, if they do not have the opportuni- Second, while tracking the work require- The Senate stands on the brink of ties to access those programs, then, ment for all families, states simultaneously passing a welfare reform bill worthy of Mr. President, they are meaningless. would track a separate guideline for the the name; not a hollow shell that we Finally, the treatment of legal immi- smaller number of non-exempt families with two parents participating in the AFDC-Un- will send to the President and say we grants in this bill is far too harsh. We employed Parent (AFDC–UP) program. By will give you real welfare reform and ought to require more responsibility of 2002, the bill would require that 90 percent of not do it. sponsors, and the ‘‘Work First’’ bill did such families have an adult participate in We have done this before—twice, as a that. But this bill even cuts off assist- work-related activities at least 35 hours per matter of fact—but in both cases, ance to legal immigrants who are dis- week. In addition, if the family used federal President Clinton vetoed what we sent abled. What kind of message does that funds to pay for child care, the spouse would him. I hope this will not be the case send about what kind of people we are? have to participate in work activities at this time around. least 20 hours per week. In 1994, states at- We can do better than this. On a mat- tempted to implement a requirement that 40 After we pass this bill—and I’m cer- ter so important we have no choice but percent of AFDC–UP families participate, tain it will pass—it should not take too to do better. and roughly 40 states failed the requirement. long for our Senate and House con- This bill must be improved. This bill Finally, states would have to ensure that ferees to work out their differences so must protect kids. It must not force all parents who have received cash assist- we can send a bill to the White House. the States to solve these problems by ance for two years or more since the bill’s ef- I appeal to President Clinton to con- themselves. It must provide some em- fective date. The experience of the JOBS pro- sider carefully its provisions. They gram to date suggests that such a require- pathy for disabled citizens regardless of ment is well outside the states’ abilities to have the broad support of the Amer- where they have come from. implement. ican people. We can improve it in conference, if In sum, each work requirement would rep- They emphasize work as the best way the political will is there—since we are resent a significant challenge to states. out of the welfare trap. That’s why the not doing it here. Or, we are not doing Given the costs and administrative complex- bill significantly expands resources it this afternoon. But, because it is not ities involved, CBO assumes that most states available to the States for child care. done, the best vote on this bill, the would simply accept penalties rather than This bill will give States the flexibility implement the requirements. Although the best vote at this time, is to vote ‘‘no.’’ bill would authorize penalties of up to 5 per- they need to help welfare recipients Mr. President, I ask unanimous con- cent of the block grant amount, CBO as- into the mainstream of American life. sent that excerpts from the CBO re- sumes—consistent with current practice— The bill also ends the entitlement port, to which I referred about the that the Secretary of Health and Human status of welfare. That’s an important States’ inability to meet the work Services would impose small penalties (less step. It will not only help to control rates under the pending bill, be printed than one-half of one percent of the block costs, but will let State and local gov- grant) on non-complying states. in the RECORD. ernments speed the transition from I yield the floor. Mr. LOTT addressed the Chair. welfare to productive participation in There being no objection, the ex- The PRESIDING OFFICER (Mr. GOR- the economy. cerpts were ordered to be printed in the TON). The majority leader. It imposes time limits for welfare RECORD, as follows: Mr. LOTT. Mr. President, first I and discourages illegitimacy, which ev- First, the bill requires that, in 1997, states would like to thank the managers of eryone now realizes is the single most have 25 percent of certain families receiving the bill, the Senator from Delaware, important root cause of poverty in this cash assistance in work activities. The par- Senator ROTH, the Senator from New country. ticipation rates rise by 5 percentage points a Mexico, Senator DOMENICI, and the A lot of questions have been raised year through 2002. Participants would be re- Senator from Nebraska, Senator EXON. about programs for children. As a mat- quired to work 20 hours a week through 1998, I guess Senator EXON is managing his ter of fact, there are some 49 programs 25 hours in 1999, 30 hours in 2000 and 2001, and last reconciliation bill on the floor, 35 hours in 2002 and after. Families with no included in this bill. I ask unanimous and maybe he will get to take up a con- consent that this list of selected pro- adult recipient or with a recipient experienc- ference report. But I am sure this is a ing a sanction for non-participation (for up grams which benefit children be in- blessing in many ways for the Senator to 3 months) are not included in the partici- cluded in the RECORD. pation calculation. Families in which the from Nebraska. He has always been There being no objection, the mate- youngest child is less than one year old very kind and approachable. We appre- rial was ordered to be printed in the would be exempt at state option. A state ciate his cooperation—on both sides of RECORD, as follows: could exempt a family for a maximum of one the aisle. Senator BREAUX certainly year. has worked to try to make this a bipar- SELECTED PROGRAMS FOR WHICH FAMILIES ON WELFARE WOULD CONTINUE TO BE ELIGIBLE States would have to show on a monthly tisan bill. Senator HUTCHISON today basis that individuals in 50 percent of all AFTER 5 YEARS showed real courage in saying we Supplemental Security Income. non-exempt families are participating in should keep the formula that has been work activities in 2002. CBO estimates that Social Services Block Grant. this would require participation of 1.7 mil- worked out and has been agreed to. Medicaid. lion families. By contrast, program data for It has been a very slow process. It has Food Stamps. 1994 indicate that, in an average month, ap- taken too long, in my opinion, to get Maternal and Child Health Services Block proximately 450,000 individuals participated to this point on this bill. But we are Grant Programs. in the JOBS program. (The bill limits the here. Community Health Center Services. number of individuals in education and But I am shocked to hear the Demo- Family Planning Methods and Services. Migrant Health Center Services. training programs that could be counted as cratic leader say after 18 months, after Family nutrition block grant programs. participants, so many of these individuals all these efforts, after changes have School-based nutrition block grant pro- would not qualify as participants under the been made, working across the aisle to grams. new program). Most states would be unlikely get real welfare reform, that the an- Rental assistance. to satisfy this requirement for several rea- swer will still be no. Public Housing. sons. The costs of administering such a large Housing Loan Program. scale work and training program would be I think this is a case of Senators who talk a lot about wanting welfare re- Housing Interest Reduction Program. high, and federal funding would be frozen at Loans for Rental and Cooperative Housing. historic levels. Because the pay-off for such form, but every time they have the op- Rental Assistance Payments. programs has been shown to be low in terms portunity to actually do something Program of Assistance Payments on Behalf of reductions in the welfare caseload, states about it, they back away from it. of Homeowners. may be reluctant to commit their own funds Now, we have had amendments ac- Rent Supplement Payments on Behalf of to employment programs. Moreover, al- cepted on both sides, some that obvi- Qualified Tenants. though states may succeed in reducing their ously we did not agree with, some that Loan and Grant Programs for Repair and caseloads through other measures, which you did not agree with, but it has been Improvement of Rural Dwellings. would in turn free up federal funds for train- a bipartisan effort. So we are now in a Loan and Assistance Programs for Housing ing, the requirements would still be difficult Farm Labor. to meet because the remaining caseload position where we can take this posi- Grants for Preservation and Rehabilitation would likely consist of individuals who tive step forward to go to conference of Housing. would be the most difficult and expensive to and then send another welfare reform Grants and Loans for Mutual and Self-Help train. bill to the President. Housing and Technical Assistance. S8532 CONGRESSIONAL RECORD — SENATE July 23, 1996

Site Loans Program. The bill clerk called the roll. sources, Mrs. KASSEBAUM and Mr. Grants for Screening, Referrals, and Edu- Mr. NICKLES. I announce that the DODD, conferees on the part of the Sen- cation Regarding Lead Poisoning in Infants Senator from Kansas [Mrs. KASSEBAUM] ate. and Children. is absent due to a death in the family. Mr. KENNEDY. Mr. President, the Child Protection Block Grant. cosmetic improvements made in this Title XIX–B subpart I and II Public Health Mr. FORD. I announce that the Sen- Service Act. ator from Hawaii [Mr. INOUYE] is nec- bad bill cannot possibly justify its pas- Title III Older Americans Act Programs. essarily absent. sage. It is no answer to say that this Title II–B Domestic Volunteer Service Act I further announce that, if present bill is less extreme than previous bills. Programs. and voting, the Senator from Hawaii Less extreme is still too extreme. Title II–C Domestic Volunteer Service Act [Mr. INOUYE] would vote ‘‘nay.’’ This bill condemns millions of inno- Programs. The PRESIDING OFFICER. Are there cent children to poverty in the name of Low-Income Energy Assistance Act Pro- any other Senators in the Chamber welfare reform. But no welfare bill wor- gram. who desire to vote? thy of the name reform would lead to Weatherization Assistance Program. such an unconscionable result. This Community Services Block Grant Act Pro- The result was announced—yeas 74, grams. nays 24, as follows: bill is not a welfare reform bill—it is a Legal Assistance under Legal Services Cor- [Rollcall Vote No. 232 Leg.] ‘‘Let them eat cake’’ bill. In fact, welfare reform would have poration Act. YEAS—74 Emergency Food and Shelter Grants under nothing to do with the tens of billions McKinney Homeless Act. Abraham Ford Lugar of dollars in this bill in harsh cuts that Child Care and Development Block Grant Ashcroft Frahm Mack Baucus Frist McCain hurt children. Cuts of that obscene Act Programs. Bennett Gorton McConnell magnitude are totally unjustified. State Program for Providing Child Care Biden Gramm Murkowski They are being inflicted for one reason (section 402(j) SSA) Bond Grams Nickles only—to pay for the massive tax Stafford student loan program. Breaux Grassley Nunn Basic educational opportunity grants. Brown Gregg Pressler breaks for the wealthy that Bob Dole Federal work Study. Bryan Harkin Reid and the Republican majority in Con- Federal Supplement education opportunity Burns Hatch Robb gress still hope to pass. Today the Re- Byrd Hatfield Rockefeller grants. Campbell Heflin Roth publican majority has succeeded in Federal Perkins loans. Chafee Helms Santorum pushing extremism and calling it vir- Grants to States for state student incen- Coats Hollings Shelby tue. It is nothing of the sort. This bill tives. Cochran Hutchison Simpson will condemn millions of American Grants and fellowships for graduate pro- Cohen Inhofe Smith grams. Conrad Jeffords Snowe children to poverty in order to proivde Special programs for students whose fami- Coverdell Johnston Specter huge tax breaks for the rich. lies are engaged in migrant and seasonal Craig Kempthorne Stevens These are the wrong priorities for D’Amato Kerry Thomas farmwork. DeWine Kohl Thompson America. If children could vote, this Loans and Scholarships for Education in Domenici Kyl Thurmond Republican plan to slash welfare would the Health Professions. Dorgan Levin Warner be as dead as their plan to slash Medi- Grants for Immunizations Against Vac- Exon Lieberman Wyden care. But children don’t vote—and they Feingold Lott cine-Preventable Diseases. will pay a high price in blighted lives Job Corps. NAYS—24 and lost hope. Summer Youth Employment and Training. Programs of Training for Disadvantaged Akaka Feinstein Moseley-Braun Perhaps the greatest irony of all is Bingaman Glenn Moynihan now on display, as America hosts the Adults under Title II–A and for Disadvan- Boxer Graham Murray taged Youth under Title II–C of the Job Bradley Kennedy Pell Olympic games. We justifiably take Training Partnership Act. Bumpers Kerrey Pryor pride in being the best in many dif- Earned Income Tax Credit (EITC). Daschle Lautenberg Sarbanes ficult events. We may well win a fistful Dodd Leahy Simon of golds in Atlanta. But America is not Mr. LOTT. Mr. President, this list in- Faircloth Mikulski Wellstone cludes supplemental security income, winning any gold medals in caring for social services block grants, Medicaid, NOT VOTING—2 children. food stamps, family nutrition block Inouye Kassebaum The United States already has more grants, school-based nutrition block The bill (H.R. 3734), as amended, was children living in poverty—the United grants, grants for screening, referral passed. States already spend less of its wealth and education regarding lead poison- (The text of the bill will be printed in on its children—than 16 out of the 18 ing, not to mention Medicare and hous- a future edition of the RECORD.) major industrial nations in the world. ing assistance—a long list of programs Mr. DOMENICI. Mr. President, I The United States has a larger gap be- that will help children. move to reconsider the vote by which tween rich and poor children than any So there are good programs here that the bill passed. other industrial nation. Children in the will be preserved and, in many cases, Mr. COCHRAN. I move to lay that United States are twice as likely to be improved. So if you really want welfare motion on the table. poor than British children, and three reform, this is it. The motion to lay on the table was times as likely to be poor than French This may be the last opportunity to agreed to. or German children. And we call our- get genuine welfare reform. Vote yes. The PRESIDING OFFICER. Under selves the leader of the free world? Send this bill to conference. We will the previous order, the Senate insists Shame on us. Shame on the Senate. get it out of conference next week, and on its amendment, requests a con- Surely we can do better—and there is we will send it to the President before ference with the House and appoints still time to do it. the August recess. conferees on the part of the Senate. f I hope the President will not veto The Presiding Officer (Mr. GORTON) AGRICULTURE, RURAL DEVELOP- welfare reform for a third time in 18 appointed, from the Committee on the MENT, FOOD AND DRUG ADMIN- months. Budget, Mr. DOMENICI, Mr. NICKLES, ISTRATION, AND RELATED Mr. President, I ask for the yeas and Mr. GRAMM, Mr. EXON, and Mr. HOL- AGENCIES APPROPRIATIONS ACT nays. LINGS; from the Committee on Agri- FOR FISCAL YEAR 1997 The PRESIDING OFFICER. Is there a culture, Nutrition and Forestry, Mr. The PRESIDING OFFICER. Under sufficient second? LUGAR, Mr. HELMS, Mr. COCHRAN, Mr. the previous order, the clerk will re- There is a sufficient second. SANTORUM, Mr. LEAHY, Mr. HEFLIN, and port H.R. 3603. The yeas and nays were ordered. Mr. HARKIN; from the Committee on Fi- The legislative clerk read as follows: The PRESIDING OFFICER. The bill nance, Mr. ROTH, Mr. CHAFEE, Mr. A bill (H.R. 3603) making appropriations having been read the third time, the GRASSLEY, Mr. HATCH, Mr. SIMPSON, for Agriculture, Rural Development, Food question is, Shall it pass? The yeas and Mr. MOYNIHAN, Mr. BRADLEY, Mr. and Drug Administration, and Related Agen- nays have been ordered. The clerk will PRYOR, and Mr. ROCKEFELLER; from the cies programs for the fiscal year ending Sep- call the roll. Committee on Labor and Human Re- tember 30, 1997. July 23, 1996 CONGRESSIONAL RECORD — SENATE S8533 The Senate resumed consideration of on the Gregg amendment? Without ob- The Gregg amendment simply re- the bill. jection, it is so ordered. quires growers to repay their loans to Pending: The Senator from New Hampshire the Federal Government. It is shocking Gregg amendment No. 4959, to prohibit the will be recognized when the Senate is that sugar growers are the only group use of funds to make loans to large proc- in order. The Senate will not proceed of people who do not have to repay essors of sugarcane and sugar beets, who has until the Senator from New Hampshire their loans to the Government. If stu- an annual revenue that exceeds $10 million, can be heard. dents and veterans have to re-pay their unless the loans require the processors to The Senator from New Hampshire. repay the full amount of the loans, plus in- loans to the Government, then so Mr. GREGG. Mr. President, this should sugar growers. terest. amendment deals with the sugar pro- McCain amendment No. 4968, to reduce While the sugar program gives grow- funds for the Agricultural Research Service. gram which, over the years, has been ers a significant advantage, sugar re- Gregg amendment No. 4969 (to amendment debated at considerable length on this finers have no such benefits or protec- No. 4959), to prohibit the use of funds to floor. It does not deal with the issue of tion. Sugar refiners must use imported make loans to large processors of sugarcane the price of sugar, which is outrageous raw product in order to stay in busi- and sugar beets, who has an annual revenue and the manner in which it is main- ness because there is not enough do- that exceeds $15 million, unless the loans re- tained at almost 10 cents more than quire the processors to repay the full amount mestic supply to satisfy demand. the world price. It does not deal with While growers receive artificially of the loans, plus interest. the fact that there is a $1.4 billion tax Bryan amendment No. 4977, to establish high prices, refiners must bear the high funding limitations for the market access which is basically assessed against the cost of domestic product without any program. American consumer as a result of the benefits or protection. It is time this Kerrey amendment No. 4978, to increase sugar program. Government recognize the value of our What it does do, however, is deal funding for the Grain Inspection, Packers sugar refining industry and the jobs with the issue of those instances, and Stockyards Administration and the that depend on it. Food Safety and Inspection Service. rare—in fact, I doubt that they would Since 1981, the sugar refining indus- Kerrey amendment No. 4979, to provide occur often—when someone defaults on try has lost forty percent of its capac- funds for risk management. their loan on sugar. ity not to mention the thousands of Kerrey amendment No. 4980, to provide the Mr. BUMPERS. Mr. President, could Secretary of Agriculture temporary author- blue collar jobs that went with it. we have order? The Senator is entitled ity for the use of voluntary separation incen- Sugar refining is one of the few manu- to be heard. I do not agree with what tives to assist in reducing employment lev- facturing industries still left in our he is entitled to be heard on. els. inner cities. Domino Sugar in Balti- VOTE ON AMENDMENT NO. 4968 The PRESIDING OFFICER. Will Sen- ators conversing in the aisles remove more employs almost six hundred peo- The PRESIDING OFFICER. Under ple. Their jobs are just as important as the previous order, the question is on themselves from said aisles? The Senator from New Hampshire. the jobs of growers. agreeing to the McCain amendment No. Mr. GREGG. Mr. President, in light I urge my colleagues to support the 4968. The yeas and nays have been or- of the position of the Senator from Ar- Gregg amendment and vote for fairness dered. kansas, I am especially appreciative of in the sugar program. Mr. COCHRAN addressed the Chair. his courtesy. The PRESIDING OFFICER. Who The PRESIDING OFFICER. The Sen- The proposal is outlined on this yel- yields time against the amendment? ator from Mississippi. low sheet. Somebody from one of the Mr. CRAIG addressed the Chair. Mr. COCHRAN. Mr. President, I have sugar-producing States accused me of The PRESIDING OFFICER. The Sen- been requested by the Senator from Ar- yellow journalism, but I hope the Mem- ator from Idaho. izona to ask unanimous consent that bers of the Senate will take time to re- Mr. CRAIG. Mr. President, I hope the the yeas and nays that had been or- view the sheet. Senate will join with me and others dered on the McCain amendment be vi- It essentially says the sugar program this afternoon in a motion to table this tiated. I, therefore, ask unanimous and producers will be put on the same amendment. We have just crafted a consent. level as students, veterans and home- new 7-year farm bill. In a rough and The PRESIDING OFFICER. Is there owners who, when they default on a tumble way, we have planned for agri- objection? Without objection, it is so loan to the Federal Government, are culture, at least as it relates to Gov- ordered. personally responsible to pay it. ernment’s involvement. The question is on agreeing to the Under the program, as currently We made major changes in the sugar amendment. structured, that is not the case. I could program. We eliminated marketing al- The amendment (No. 4968) was re- have offered an amendment which lotments, we implemented a 1-cent jected. would deal with the essence of the penalty on loan rates, we created the Mr. COCHRAN. Mr. President, I move sugar program in the pricing policy, assessment of $300 million coming into to reconsider the vote by which the which is this outrageous ripoff of the the Treasury all in a sense to create a amendment was rejected. American consumer to the extent of more balanced field for the production Mr. STEVENS. I move to lay that $1.4 billion. of sugar in our country while there is a motion on the table. But rather than do that, I have lim- more equitable flow of import sugar The motion to lay on the table was ited this to the issue of liability in the into our refiners. agreed to. area of a sugar processor who fails to The Senator says, let us change the AMENDMENT NO. 4969 TO AMENDMENT NO. 4959 repay their loan. And it only applies to game one more time. I hope that the The PRESIDING OFFICER. Under sugar processors with more than $15 Senate will work its will, but under- the previous order, the question now million of annual sales. Therefore, I stand that once we have crafted a farm occurs on agreeing to the Gregg sec- think it is a very reasonable amend- bill that we would stay with that farm ond-degree amendment No. 4969 on ment. And I would appreciate the con- bill for the period of time of that pol- which the yeas and nays have been or- sideration by the body. icy. And that is why I hope we will sup- dered. Ms. MIKULSKI. Mr. President, I rise port a motion to table. Mr. GREGG addressed the Chair. in strong support of the Gregg amend- The PRESIDING OFFICER. The time The PRESIDING OFFICER. The Sen- ment to the agriculture appropriations of the Senator has expired. ator from New Hampshire. bill. Mr. COCHRAN. Mr. President, I move Mr. GREGG. Mr. President, I ask I believe it is time to reform the to table the Gregg amendment No. 4959, unanimous consent that the parties in- sugar program. The sugar program has and ask for the yeas and nays. volved in this amendment be given 2 become nothing more than corporate The PRESIDING OFFICER. Is there a minutes equally divided to present the welfare for a small group of growers sufficient second? There is a sufficient terms of the amendment. which operates to the detriment of con- second. The PRESIDING OFFICER. Is there sumers and sugar refiners like Domino The yeas and nays were ordered. objection to the unanimous-consent re- Sugar in Baltimore and other refiners The PRESIDING OFFICER. The quest to give 2 minutes equally divided around the country. question is on agreeing to the motion S8534 CONGRESSIONAL RECORD — SENATE July 23, 1996 to lay on the table the amendment No. cause of the long list of amendments. Now, I guess the question that I have 4959. The yeas and nays have been or- But we can take up the amendments is whether we can address this issue in dered. The clerk will call the roll. and dispose of the amendments. Those this appropriations bill. This appears The legislative clerk called the roll. that we cannot dispose of, which re- to be the only opportunity to address Mr. NICKLES. I announce that the quire votes, can be voted on tomorrow. this issue on behalf of the barley grow- Senator from Kansas [Mrs. KASSEBAUM] That is the suggestion for the further ers. And before we agree to a unani- is absent due to a death in the family. disposition of this Agriculture appro- mous-consent request of some type in Mr. FORD. I announce that the Sen- priations bill. order to compress the time and limit ator from Hawaii [Mr. INOUYE] is nec- I will be happy to yield to anyone the opportunities to address this issue, essarily absent. who wants to ask a question about I say to the manager and ranking I further announce that, if present that, or to my distinguished friend member that I very much would like to and voting, the Senator from Hawaii from Arkansas, the manager on the discuss, at some length, with them how [Mr. INOUYE] would vote ‘‘aye.’’ Democratic side. we can address this issue. The PRESIDING OFFICER. Are there Mr. BUMPERS. Madam President, I I do not think this is a circumstance any other Senators in the Chamber de- ask unanimous consent that Senator where we can say this doesn’t matter; siring to vote? HARKIN be added as a cosponsor on it won’t be addressed. This is a sub- The result was announced—yeas 63, amendments Nos. 4979 and 4978. stantial amount of money coming out nays 35, as follows: The PRESIDING OFFICER (Mrs. of the pockets of those who signed up FRAHM). Without objection, it is so or- [Rollcall Vote No. 233 Leg.] for this program expecting to get a dered. payment of 46 cents a bushel, which, YEAS—63 Mr. BUMPERS. Madam President, re- under current circumstances, they will Abraham Faircloth Lieberman garding what the Senator just said— not get. Before I agree to a unanimous- Akaka Ford Lott and I certainly do not want to take any Baucus Frahm Mack consent request of any kind, I would more time—this is going to be a rather Bennett Graham McConnell like to see if we can work through and Bingaman Gramm Moseley-Braun burdensome evening. I am not too hot Bond Grams Murkowski solve this problem. for this agreement, to tell you the Mr. BUMPERS. Madam President, let Boxer Grassley Murray truth. But if we can move expedi- Breaux Harkin Pressler me say to the Senator from North Da- tiously and get these amendments dis- Brown Hatch Pryor kota that his amendment actually is a Bryan Hatfield Reid posed of—and I defer to the chairman farm bill amendment. The chairman Bumpers Heflin Robb on this—according to my list, we have Burns Helms Rockefeller and I have both said in our opening about five amendments here that have Campbell Hollings Shelby statements that we hope we will not Cochran Hutchison Simon not been cleared. I think that probably get into trying to amend the farm bill Conrad Inhofe Simpson the first thing we ought to do is to that we passed last year. Coverdell Jeffords Stevens take the amendments that have been Craig Johnston Thomas I have strong empathy for the Sen- cleared and accept them on both sides Daschle Kempthorne Thurmond ator from North Dakota because he has Dodd Kerrey Warner and narrow down the list. I think, per- a great interest in the issue of barley. Dorgan Leahy Wellstone haps, of the remaining amendments, But I hope that the Senator would be Exon Levin Wyden two or three of them will fall. I think willing to take the manager’s word for NAYS—35 that would be an expeditious way to the fact that this really needs to be Ashcroft Frist Moynihan get a resolution of this thing. I do not considered by the chairman and rank- Biden Glenn Nickles know whether we are going to get an Bradley Gorton Nunn ing members of the Agriculture Com- agreement tonight to say that any Byrd Gregg Pell mittee, because that is where this real- amendments that will not be laid down Chafee Kennedy Roth ly belongs. To say that if there is a Coats Kerry Santorum tonight will be in order tomorrow. Cohen Kohl Sarbanes Mr. DORGAN addressed the Chair. package of farm bill amendments that D’Amato Kyl Smith The PRESIDING OFFICER. The Sen- might be approved by the authorizers DeWine Lautenberg Snowe at the conclusion of this bill, there Domenici Lugar Specter ator from North Dakota. Feingold McCain Thompson Mr. DORGAN. Madam President, I might possibly be a chance—and I do Feinstein Mikulski would like to understand a bit more not want to guarantee or promise the NOT VOTING—2 about where we are at the moment. I Senator from North Dakota this, but we might be able to do something at Inouye Kassebaum have noticed an amendment dealing with barley and the problem that has the end in the way of a package of The motion to lay on the table the come about as a result of the change in amendments. amendment (No. 4959) was agreed to. the payment rate for barley under the In any case, whether we deal with it Mr. HEFLIN. Mr. President, I move Freedom To Farm Act. that way or not, there might be a pos- to reconsider the vote, and I move to As some of you might know, those sibility of doing something with it in lay that motion on the table. who signed up under freedom to farm conference. I know the Senator from The motion to lay on the table was to raise barley signed up with the un- North Dakota feels strongly about this, agreed to. derstanding that their original pay- but I really feel that we probably ought Mr. COCHRAN. Mr. President, it is ment under the freedom to farm bill to deal with this in a slightly different our hope that we will be able to pro- was going to be 46 cents a bushel in way, because it really is an amendment pound a unanimous-consent agreement 1996. Then they were told later that the to the farm bill. and get an agreement to take up the calculation under the Freedom To Mr. DORGAN. Madam President, remaining amendments on this bill to- Farm Act was inaccurate and that that distinction is obviously lost on night, and for any votes that are re- their payment would be 32 cents. That people who are out there planting bar- quired, put them over until tomorrow. probably doesn’t sound like too much ley and who signed up for a program in That is the effort that we are making to some, but it is a 30 percent reduc- which they felt they were going to get now. tion from what the estimate would be a 46-cent-per-bushel payment because There are a number of amendments and the basis on which they signed up they were promised that. Then it turns that we have listed in this proposed for the program—a 30 percent reduc- out there was a miscalculation deter- agreement. I can read them now. We tion from that level. It is somewhere mined by USDA in the process of con- have given copies to both sides of the around $35 million to $39 million. No structing this farm bill, which results aisle. Senators are looking at them in State in the country raises more barley in a 30-percent reduction in the pay- an effort to determine whether this than North Dakota, and the folks that ment they expected. agreement can be reached. I hope it go out and plant that barley, and ex- Now, the Senator from Arkansas is can. I know Senators are tired. They pect to harvest it, did so under the pro- generous, and I appreciate working have been here all day. visions of this farm bill, fully expect- with him. But he knows, and I know, The leader wants us to finish this bill ing to do so receiving 46 cents a bushel that we may not have another oppor- tonight, but it looks like we cannot be- as original payment. tunity to correct this. It seems to me July 23, 1996 CONGRESSIONAL RECORD — SENATE S8535 that while one can make the case that The PRESIDING OFFICER. The Sen- they would get. Every other commod- this is an authorizing committee issue, ator from North Dakota is recognized. ity got what they were promised they one can also make the case that this is Mr. CONRAD. Madam President, I would get. But this farm bill contains a an appropriations issue, because the hesitate to extend the discussion of provision that says barley will get 46 Secretary of Agriculture needs to have this matter. I would like to rivet the cents a bushel, and then now it con- the money in order to restore this pay- point and confirm what my colleague tains another provision that says, ment that was promised to family from North Dakota is saying. ‘‘Oops. Oops’’. Someone made a mis- farmers. Barley farmers in this country were take. Oops. We are $35 million short.’’ This is not a circumstance where made a clear promise. They were told ‘‘Oops’’ does not mean very much un- there is confusion about what the they were going to get 46 cents a bush- less that $35 million comes out of your promise was. The Freedom To Farm el under this farm bill. Somebody made pocket. Then ‘‘oops’’ is a real serious Act made specific representations a miscalculation. We do not know yet problem. about, if you planted a certain com- whether it was USDA or the Agri- All we ask is that we find a way modity, what kind of payment you culture Committee staffs of the Senate somehow to address this dilemma. The would receive for that planting. In the and the House. But we know with great failure to address it now means it will case of barley, there is no confusion. precision what promise was made—46 not get addressed. That is why we do The promise was 46 cents a bushel. Now cents a bushel. That is already a sig- not want to miss this moment. we are told, for those who fuel up the nificant reduction from what they We are not talking about some moun- tractor and plant barley seeds, the would have gotten under previous leg- tain. We are talking about a relatively thing has changed, the deal is off, there islation. But now they are told they small problem that can be fixed—a big is a 30-percent reduction. That just, I are not going to get 46 cents. They are problem for barley growers, but a prob- say to my colleagues, is not satisfac- going to get 32 cents. lem that can be fixed without great dif- tory to me. I do not think it is satisfac- Farmers have already planted under- ficulty, in my judgment, tory to the farmers who believe that standing that they were going to re- Madam President, I yield the floor. Mr. COCHRAN addressed the Chair. we ought to keep our word on this. ceive a certain level of payment. So The PRESIDING OFFICER. The Sen- So I just would say that I am not in- they have moved on the promise that ator from Mississippi. terested in any sort of unanimous con- was made to them. They have planted Mr. COCHRAN. Madam President, I sent request until we can work through the crop. It is there. Nothing can be appreciate very much the remarks of this. I am not trying to draw a line in done about it. But we now cannot go the distinguished Senators from North the sand here. I am just saying that we back on the pledge that was made to Dakota on this barley issue. This is can work through this. This can be these people and say, ‘‘Well, you know also a subject that is addressed in an done. This can be solved. This is not a that is the way Washington works amendment that has been crafted and problem for which there is no solution. sometimes. You were told you were proposed by Senator BURNS of Mon- There is a solution. I think there are going to get something, and on that tana. And the other Senator from Mon- no two better people in the Senate to basis you acted, and now we are going tana, Senator BAUCUS, mentioned to help us address it than the Senator to go back on our word and instead of me his interest in the issue. So it is from Mississippi and the Senator from 46 cents you are going to get 32 cents.’’ something that Senators on both sides Arkansas. Both of them are about as That is an economic disaster to lit- have an interest in. good at doing these things in the Sen- erally thousands of people who plant We would like to see it resolved. Our ate as anybody I know. But I really barley in this country—barley that problem on this appropriations com- want us to address this. goes into making beer which is impor- mittee is that we have a limited As the Senator from Mississippi, for tant to our country. You have to have amount of money to allocate among all whom I have great respect, knows, I beer. If you do not have beer, what of these programs administered by the am not sure the amendment is the kind of a country have you got? Department of Agriculture. We are ad- right amendment, and I am not sure [Laughter.] vised variously that it would cost up to the method I have chosen to pay for The next thing you know we will $40 million. It may not go that high, as this is the right method. In fact, I have the Germans over here selling all the Senator says. It may be $38 million, might prefer a different method. But I the beer. We do not want to do that to or something like that. gave notice a day or two ago that I America—to deny those in our country Rather than spell out specifically a would want to deal with this issue on who enjoy a tall cool one; that they are support level in the legislation before the floor of the Senate when this bill going to have to buy German barley or the Senate, I hope that we would con- came to the floor. Canadian barley. They ought to be able sider as an option language directing I also understand those who manage to get American barley. And those bar- the Secretary of Agriculture to study this legislation—and the majority lead- ley farmers ought to be getting what the suggestion that the Barley pro- er, for that matter, and others—would they were promised. gram be revised on the grounds and for like to just package this up tight, wrap So I would be very hopeful that our the reasons stated by the Senators who a bow around it, and run it through to colleagues would recognize this is an have spoken and direct that he has the final passage in the morning. Gee, I extraordinary circumstance that some- authority to make changes that would would like to see that happen as well, how we have to keep our word with re- result in a fair solution and equitable and I am perfectly willing to see that spect to what barley farmers were resolution of the difficulty holding happen as long as the result of this bill promised. harmless those producers in other com- addresses their question of how we Mr. DORGAN. Madam President, will modity programs that already have make good on our word as a Congress the Senator yield? their signups approved and already to those that produce barley. Mr. CONRAD. Yes. have their farm plan in operation. So I know my colleague, Senator Mr. DORGAN. I do not want those The reason I say that is one concern CONRAD, has an interest in this as well. listening who do not know anything I have is that, if we do not have some But I really do hope that we can visit about barley to believe that barley is language like that, the Secretary could and find a way to address this problem only used to produce beer. Of course, take the funds from other commodity the way farmers would expect us to ad- malting barley is used in the produc- programs and give it to the barley pro- dress it. They were given a promise. We tion of beer. But beef barley is used for ducers. And I think we would have a need to keep that promise. A failure to a great amount of animal feed in this furor on our hands, and that would be keep that promise will be a failure on country. understandable. all of our parts. We do not need to fail. The Senator from North Dakota, But so long as the other producers We can in this piece of legislation find Senator CONRAD, makes a point. I are not harmed by this change, I would $35 million and keep the promise that would like to stress it. There is not any have no objection to including lan- was made to those that raise barley. other commodity in the farm bill that guage like that in this bill. I think it I yield the floor. is affected like this. Every other com- does have to be cleared by the legisla- Mr. CONRAD addressed the Chair. modity got what they were promised tive committee. Senator LUGAR and S8536 CONGRESSIONAL RECORD — SENATE July 23, 1996

Senator LEAHY ought to be consulted know what the level ought to be. You So let me ask consent so that we try about it. are saying one level. The barley pro- to get agreement on how we proceed. What I can say at this point is that ducers are expecting that level that By the way, I want to say the distin- the Senators have my assurance that I you are talking about. That is the part guished Democratic leader has been will try very hard to get language of of the problem. working with me to come up with a that kind approved here in the Senate. Mr. DORGAN. The Department indi- fair and equitable way to handle this If we cannot get it spelled out in this cates that the majority party in con- bill and amendments. There is a lot of bill, we can do it in conference, but at structing the freedom to farm bill emotion on agriculture bills and com- some point to make sure that this made the error. I do not know who modities, and we have worked together problem is addressed in this bill. made the error. I do know this. That to try to come up with a procedure I cannot—like the Senator from Ar- when someone signs up for a program here that will be a fair process that ev- kansas said—guarantee it because I and is told they will get 46 cents a erybody can get their case made and just have 1 vote in here, and there are bushel for a barley payment under a maybe we can go ahead and be working 99 others. But we can recommend and contract, and then are told later, on barley and water rights and peanuts we can work with the Senators to craft ‘‘Well, gee. That was wrong. You actu- and FDA and everything that is pend- that kind of language. I pledge to them ally are going to get 30 percent less ing. my best efforts to do that. than that,’’ and, where this is the only So I ask unanimous consent that the Mr. DORGAN addressed the Chair. crop in the country that is put in that following amendments be the only re- The PRESIDING OFFICER. The Sen- position, our position is let’s go ahead maining first-degree amendments in ator from North Dakota. and make them whole. order to the pending agriculture appro- Mr. DORGAN. Madam President, I We do not have to wait forever to do priations bill, that they be subject to guess what I would encourage us to do that. Let us try to find a way to do relevant second-degree amendments, is to work this evening and tomorrow that now. It has been kicking around that no motions to refer be in order morning to see if we can craft a solu- here for a while. I have talked to the and no points of order be considered as tion to include in this bill that solves Senator from Montana, Mr. BURNS, so I having been waived by this agreement. the problem. As the Senator knows, he know you have been working with him, The amendments are as follows and has been a veteran of these many bat- and Senator BAUCUS. My understanding must be offered and debated prior to tles in the Congress directing the Sec- is some of the original discussions the close of business this evening with retary to study something, suggestions about that would be maybe to fix part the exception of the Kennedy amend- that it may or may not get solved, and of the problem. ment regarding FDA: Burns regarding I would very much like to fix this it may or may not get solved in the barley; Brown regarding water rights; problem so that those who signed up on next 5 years. Santorum regarding peanuts, eight the basis of getting 46 cents a bushel Mr. COCHRAN. If the Senator will amendments, which I hope will wind up yield, there are two parts: The study to for barley will be able to understand that is what they are going to get. being no more than one; the Mikulski do something equitably to address and amendment regarding FDA; Leahy re- resolve the issues; and we have to That is what everybody else got. Ev- erybody else got exactly what this Con- garding milk orders; Craig regarding worry, too, about how the Congres- GAO study; Lugar regarding double sional Budget Office may score lan- gress told them they would get as a payment under freedom to farm. It was cropping; Kerrey Nos. 4978, 4979 and guage like that. 4980; Kennedy regarding an FDA I do not know what their scoring a fixed payment. It did not require rocket scientists to understand what it amendment; Simpson regarding wet- would be. I am sometimes mystified land easements; a Pell amendment un- and dumbfounded by the scoring deci- was going to be; it was a fixed pay- ment. Everybody signed up and under- specified; Thurmond regarding agri- sions that are made by the Congres- culture research; a Frahm amendment sional Budget Office on something like stood what they were going to get. The only crop that is disadvantaged regarding section 515, rental housing this. this way, the only farmers who are program; Bryan No. 4977; and Gregg No. So we will have to reserve judgment going to be short-changed will be those 4955. on that basis. We do not want to put who raise barley who were told it is not I further ask that following the con- ourselves out of business because of 46; something happened in between clusion of debate on the above-listed some scoring decision that they make. with calculations and it will be 30 per- amendments, any votes ordered with Mr. DORGAN. I understand that. My cent less than that. Our position is respect to the amendments be stacked point was that I do not know that the that is not the right way to deal with to occur beginning at 11 a.m. on problem needs much study. I under- these growers. Wednesday, tomorrow, with the first stand the problem. We understand that Mr. LOTT addressed the Chair. vote limited to the standard 15 minutes those who signed up with the program The PRESIDING OFFICER. The Sen- and any stacked votes thereafter lim- who raise barley find out now that they ator from Mississippi. ited to 10 minutes with 2 minutes for are going to get 30 percent less than Mr. LOTT. I believe that the distin- debate to be equally divided prior to the freedom to farm bill proposed at 46 guished chairman of the Agriculture each vote. cents a bushel. Appropriations Subcommittee has of- Mr. LEAHY. Madam President, re- Mr. COCHRAN. Madam President, if fered to work with the Senator and the serving the right to object. the Senator will yield, it has to be other Senator from North Dakota and Mr. DORGAN. Reserving the right to studied. There was a misinterpretation the Senator from Montana, Mr. BURNS, object— of estimates provided by Department of and has an amendment reservation The PRESIDING OFFICER. Is there Agriculture for the payments for bar- pending to try work this out in a way objection? ley producers. But the barley producers that is acceptable to Senators. Mr. LEAHY. Madam President, re- were told that an erroneous support We need to get an agreement on how serving the right to object. level would be made a part of the bar- we are going to proceed tonight and in The PRESIDING OFFICER. The Sen- ley program. Then they found out later the morning. I would like to propound ator from Vermont. that they were wrong and it would be a a unanimous consent agreement, and Mr. LEAHY. Madam President, would lower level. Now they are caught in the chairman, I am sure, is going to be the distinguished majority leader note this situation where they do not want prepared to work with Senators right on his list instead of an amendment by to have to admit that the facts were now and see if he can find something me on milk orders, that it is an amend- misrepresented about the support level that is acceptable. As he said, he is in ment on the Northern Forest Steward- and the basis on which it was cal- an awkward position because he is, in ship Act. culated. effect, trying to represent what he un- Mr. LOTT. Northern Forest Steward- That is why it ought to be studied be- derstood the Agriculture Department’s ship Act. cause there is a difference of opinion at position might be. We are not all bar- Mr. LEAHY. I suspect it is going to the Department of Agriculture as to ley experts, but he is willing to work be accepted anyway, but it will not be what this level ought to be. I do not with Senators on that. on milk orders. July 23, 1996 CONGRESSIONAL RECORD — SENATE S8537 Mr. LOTT. I amend my unanimous- Mr. LOTT. He did. opportunity to debate—but I am glad consent request to reflect that. Mr. DORGAN. Madam President, I to send that at an appropriate time to Mr. LEAHY. I appreciate it. made the point that if we can take just the desk this evening. I was told by the Mr. DORGAN addressed the Chair. a couple minutes here, we may be able floor managers they preferred to deal The PRESIDING OFFICER. The Sen- to solve this problem. I suggest that we with the agricultural issues this ator from North Dakota. have a brief quorum call and see if we evening. I said I would speak tonight Mr. DORGAN. Reserving the right to could through some discussion solve on this amendment. They indicated object, it is not my intention to hold this problem. It is not my intention to that, as much as they wanted to hear up the Senate, and I do want to help hold up the Senate. I understand ex- me speak, they would rather deal with this process move along. I am con- actly what the majority leader wants particularly agricultural amendments strained to object at the moment. to do. and then go over until tomorrow. What I would like to suggest is that Mr. LOTT. I think that is a fair re- I want to indicate I am not inter- we sit down here for a few minutes and quest. Let us make a run at it. ested in an undue delay, but I have had see if we can divine a way by which we Mr. BUMPERS addressed the Chair. a number of Members who have spoken can address this problem so that we The PRESIDING OFFICER. The Sen- to me, saying that they would like to can have a UC that I would not object ator from Arkansas. speak on this issue. I can file the to. I do not want to be in a cir- Mr. BUMPERS. If I may direct a amendment here this evening. We will cumstance where we now lock in a comment to the majority leader on be prepared to be on the floor at a time process so that at 11:30 in the morning this— to be designated by the leader to either this thing is done and gone and our op- Mr. DORGAN. Excuse me. Did the follow those amendments that deal portunity to address this issue is over Chair note my objection? with agriculture or whatever order the and we are told, well, we are very sym- Mr. LOTT. The objection was heard, I majority leader wants. But I want to pathetic; we think you had an awfully believe. be able to preserve both my right and good case; we have 16 people studying The PRESIDING OFFICER. The ob- time tomorrow to address this issue, it; we have 86 staff people looking at it. jection was heard. which is of major importance and real- And the fact is, nothing will get done Mr. BUMPERS. Let me say, first of ly not relevant to the subject at hand. and we know that. all, I want to cooperate with the ma- The subject at hand is the agricul- So what I want to do, if we can, is jority leader. I am afraid, as they say, tural appropriations. This is dealing spend a few minutes, perhaps in the he has poured out more than we can with the Food and Drug Administra- next few minutes, seeing if we can find smooth over this evening. There are a tion. It is a part of a bill that is cur- a way to solve this problem now that lot of amendments here that are going rently before the Senate and also be- we have the opportunity to solve it, to require a lot of debate. For example, fore the House, where there are good- and if we can find a way to do that and Senator SANTORUM does not have one faith negotiations, allegedly, taking find a process by which that can be amendment; he has eight amendments. place to try to work out some of the done, then we can have the unanimous- To suggest that all of these amend- differences. I want to have an oppor- consent request that I would not object ments will be debated tonight, and we tunity to speak to that issue, but I to. start voting at 11 o’clock in the morn- want to also indicate I have been re- It is not my intention to hold this up. ing, we would be lucky to finish by 11 quested to restrain that now to deal I want to be helpful, but I do also want o’clock in the morning if we stayed with the agricultural issues. I will fol- to be helpful to some thousands of here all night the way I look at this low that request. farmers out there who signed up for thing. So I would suggest that we try Mr. LOTT. Madam President, we something that under the current cir- to craft this in such a way that we say, have been working as the Senator has cumstances they will not get, and that first, these amendments be the only been talking. If the Senator will allow is not fair and we ought to fix it. So I ones in order. I sympathize with that me to renew this unanimous-consent do object. I object. totally, and I think that is the first request, I think we have something we The PRESIDING OFFICER. The Sen- part of the agreement that we get, if can get done. ator from Mississippi still has the we possibly can, to stop the very hem- Mr. KENNEDY. Certainly floor. orrhaging you are talking about of new UNANIMOUS-CONSENT AGREEMENT Mr. LOTT. Madam President, as I amendments. Mr. LOTT. Madam President, I ask stand here before you, amendments are Second, I think we ought to limit the unanimous consent the following coming in. It is growing. If we do not time agreement on these amendments amendments be the only remaining get a unanimous-consent agreement, it so that we do not take 2 hours. I know first-degree amendments in order to is going to continue to grow. We need Senator KENNEDY feels very strongly the pending agriculture appropriations to get the agriculture appropriations about one amendment and wants 2 bill, that they be subject to second-de- bill done. I understand Senators want hours. So I am just saying that if we gree amendment, that no motions to to work it out. The Senator has indi- could limit the amendments in the refer be in order, and no points of order cated he is willing to do that. But unanimous-consent agreement—and I be considered as having been waived by maybe we should just go ahead and go do not believe the Senator from North this agreement. The amendments are on with the business and get a recorded Dakota would object to that—I think as follows. My intent here is to lock in vote up as soon as we can. I believe we we could get that done now, and that this list of amendments so it will not have one we could do on maybe market would be a major step toward getting continue to grow as the night pro- research, something, but we have to this bill finished. gresses. Here is the list: get our work done. If we cannot get a Mr. LOTT. Madam President, let us Burns, regarding barley; Brown, re- UC, then let us start voting. see if we can get the sticking point we garding water rights; Santorum Mr. BUMPERS addressed the Chair. have before us worked out. In the amendments, regarding peanuts; Mi- Mr. KENNEDY addressed the Chair. meantime, while the interested parties kulski, regarding FDA; Leahy, regard- The PRESIDING OFFICER. Is there are talking about that, we will see how ing Northern Forest Stewardship Act; objection to the request? we can craft a unanimous consent that Craig, No. 4971; Leahy, regarding dou- Mr. DORGAN addressed the Chair. would reflect that. ble cropping; Kerrey, Nos. 4978, 4979, The PRESIDING OFFICER. The Sen- Several Senators addressed the and 4980; Kennedy, regarding FDA; ator from North Dakota. Chair. Simpson, regarding wetlands ease- Mr. DORGAN. Is there a unanimous- Mr. LOTT. I will be glad to yield to ments; Bumpers, regarding agriculture consent request pending? the Senator from Massachusetts. research; Thurmond, regarding agri- The PRESIDING OFFICER. There is The PRESIDING OFFICER. The Sen- culture research; Frahm, regarding sec- not. ator from Massachusetts. tion 515, rental housing program; Mr. LOTT. I do not know if the Sen- Mr. KENNEDY. Madam President, I Bryan, No. 4977; Gregg, No. 4959; Burns, ator actually objected or not. am glad to either file the amendment relevant; Smith, relevant; Hatfield, Mr. DORGAN. I did. which I would hope we would have an two relevants; Brown, relevant, one, S8538 CONGRESSIONAL RECORD — SENATE July 23, 1996 and the second would be water rights Mr. LOTT. I will amend my unani- Mr. BUMPERS. Reserving the right task force; Murkowski, two relevant mous-consent request to that extent: to object, Madam President, as I under- amendments; Domenici, regarding Senator Conrad regarding barley. stood the unanimous consent agree- drought; Cochran, two relevant amend- The PRESIDING OFFICER. The Sen- ment, the first part was these amend- ments; Hatch, regarding FDA; Lott- ator from Vermont. ments would be an exclusive list. Bumpers-Wellstone with two; Daschle Mr. LEAHY. If I could ask the distin- Mr. LOTT. Right. with two; Leahy, regarding agri- guished majority leader, did that list Mr. BUMPERS. The second part of culture; Sarbanes, regarding agri- include under my name an aquaculture the agreement, the second unanimous culture; Leahy, regarding wild rice; reauthorization? consent agreement said that we would Dorgan, regarding barley; and Dorgan, Mr. LOTT. I had it listed as agri- stack votes beginning at 11 o’clock in regarding a sense of the Senate on Ca- culture. Is it supposed to be aqua- the morning. nadian trade; that we would have culture? Mr. LOTT. Right, sir. stacked votes at 11 o’clock on those Mr. LEAHY. Aqua. You have to for- Mr. BUMPERS. It did not say all of that have been debated and debate give my New England accent. these amendments would be disposed of completed, then we would resume after Mr. LOTT. You talk a little funny. prior to that time? those stacked votes with the remainder Mr. LEAHY. We talk a little funny Mr. LOTT. No, just those debated and of these amendments until we com- up in New England, but we do our best. ready for votes. plete the list, many of which I hope I have no objection. Mr. BUMPERS. I am confused by the will not be offered. The PRESIDING OFFICER. The Sen- Senator’s request for 4 minutes on pea- Mr. DASCHLE. Madam President, re- ator from Alabama. nut amendments. serving the right to object. Mr. HEFLIN. Put my name down for Mr. HEFLIN. If they come up. If we The PRESIDING OFFICER. The Sen- an amendment on dairy. can get everyone to agree to a 4-minute ator from South Dakota. Mr. LOTT. Heflin regarding dairy. We time agreement, maybe we could finish Mr. DASCHLE. For clarification pur- need to get dairy in here. It would not tonight. poses, the majority leader did not note, be a normal agriculture bill without it. Mr. LOTT. He wants 4 minutes imme- I do not believe, second-degree amend- All right, sir. We have added that. diately prior to the votes in the ments would have to be relevant, but I The PRESIDING OFFICER. The Sen- stacked order. am sure that was the intent. ator from North Dakota. Mr. BUMPERS. OK. Mr. LOTT. I may have read over that Mr. DORGAN. Reserving the right to Mr. LOTT. I renew my request. because I was reading it fast: be subject object, and I will not object to this re- The PRESIDING OFFICER. Without to relevant second-degree amendments. quest, the majority leader does not, by objection, it is so ordered. this request, limit the time on the bill. Mr. LOTT. I think the best thing to Mr. DASCHLE. And there is no time He attempts to limit the amendments do at this point, as laboriously as that limit on the amendments for purposes that will be offered. I only want to agreement was worked out, let us go of debate? make certain the amendment that he forward now with the efforts to get an Mr. LOTT. Not at this time. We are has referenced, the barley amendment agreement on barley and start taking just trying to lock in the list of amend- that I would offer—you are describing up the amendments and turn it over to ments, which is a lengthy list, and all an amendment about barley, not nec- the very able managers of the legisla- of our agriculture friends, I am sure, essarily the amendment that I have tion. I yield the floor. would like to have an agriculture ap- sent to the committee. I may want to Mr. LEAHY addressed the Chair. propriations bill. So we need a little change the method of paying for that. The PRESIDING OFFICER. The Sen- cooperation here. I assume the unanimous-consent re- ator from Vermont. The PRESIDING OFFICER. Is there quest simply allows me a relevant bar- Mr. LEAHY. Madam President, if I objection? ley amendment; is that correct? could have the attention of the two Mr. DASCHLE. Further reserving the Mr. BUMPERS. That is right. managers, I do have an amendment on right to object, I hope we could agree Mr. LOTT. Yes, you are on the list behalf of myself, the Senators from with this. The majority leader and I for a relevant barley amendment. Maine, Ms. SNOWE and Mr. COHEN; the have been working. As he made the Mr. DORGAN. But I am not nec- Senators from New Hampshire, Mr. list, I am quite sure there are at least essarily tied to the amendment I sub- GREGG and Mr. SMITH; the Senator as many Republican as Democratic mitted to the committee. I assume I from Vermont, Mr. JEFFORDS; and Sen- amendments, so this is true bipartisan- will be able to modify that amendment. ators MOYNIHAN, KENNEDY, and KERRY ship. There is as much interest in Mr. LOTT. Any Senator can modify regarding the northern forest steward- amending this from the Republican his amendment. ship. side as there is from the Democratic Mr. DORGAN. I will not object. If the managers are in a position to side, so I certainly hope no one would The PRESIDING OFFICER. Without accept this, I am willing to offer it and come to any conclusion that it was objection, it is so ordered. go forward. If they prefer we wait until only the Democrats that were holding Mr. LOTT. Then I further ask, as I a later time, I am willing to do that. I this up. did earlier, when we begin the stacked just understand some people want to But I do believe this unanimous con- votes at 11 o’clock, the first vote be 15 get some things moving forward. So I sent works for both sides. It protects minutes and the stacked votes there- ask the distinguished managers, if that Senators to offer their amendments, after be limited to 10 minutes, with 2 is the case, I will offer it on behalf of and it gives us an opportunity to work minutes of debate equally divided prior those Senators, otherwise I will with- tonight to address some of them. I hope to each vote. hold until a later time. we could finish the work sometime to- Mr. HEFLIN. Reserving the right to Mr. COCHRAN. Madam President, if morrow. object, I sort of feel like some of these the President will yield, let me respond Mr. CONRAD. Reserving the right to things are a little complicated. Could by saying this is an issue that is not an object. we have, on peanuts, 4 minutes equally agriculture appropriations issue, as the Mr. LOTT. I thank the Democratic divided instead of 2? Senator knows. leader for his effort to be helpful in Mr. LOTT. If there are any peanut Mr. LEAHY. That is right. this regard. amendments, then 4 minutes on the Mr. COCHRAN. It is related to for- Mr. CONRAD. Reserving the right to first of those that might be offered, estry and comes under the jurisdiction object, I ask the able majority leader equally divided. Is that all right? of other committees. So I am not able that I be added, a Conrad amendment Mr. HEFLIN. First two. We have to accept the amendment or rec- with respect to barley, so we have an- eight. ommend it be accepted. I understand other slot. So, hopefully, we can get Mr. LOTT. Four minutes on first two there are some objections to it. this worked out in a way that achieves equally divided with the hope there Mr. LEAHY. I will withhold, Madam a result. If we could reach that under- would not be more than one. That President. If I can ask the Senator standing, I would not object. agreement is included in our request. from Mississippi a further question, my July 23, 1996 CONGRESSIONAL RECORD — SENATE S8539 understanding is that under the unani- The assistant legislative clerk read The legislation embodies the con- mous-consent agreement we are now as follows: servation ethic of the 1990’s—non-regu- operating under, this amendment, how- The Senator from Vermont [Mr. LEAHY], latory incentives and assistance to re- ever, is protected at least to the extent for himself, Ms. SNOWE, Mr. GREGG, Mr. JEF- alize community-based goals for sus- of being able to bring it up, subject to FORDS, Mr. SMITH, Mr. COHEN, Mr. MOYNIHAN, tainable economic and environmental all the other conditions. If I do not Mr. KENNEDY, and Mr. KERRY proposes an prosperity. The rights and responsibil- bring it up tonight, it is still protected. amendment numbered 4987. ities of landowners are emphasized, the Mr. COCHRAN. As I understand it, he Mr. LEAHY. Madam President, I ask primacy of the States is reinforced, and has the right to offer the amendment unanimous consent that the reading of the traditions of the region are pro- at any time. He can offer it now, and it the amendment be dispensed with. tected. Yet, the bill also promotes new will become a pending amendment The PRESIDING OFFICER. Without ways of achieving our goals and a com- which will have to be laid aside tempo- objection, it is so ordered. mon vision that did not exist several rarily to consider other amendments, (The text of the amendment is print- years ago. or he can offer it later. ed in today’s RECORD under ‘‘Amend- Moving ahead with the Council’s Mr. LEAHY. Madam President, I be- ments Submitted.’’) work, we will pursue enhanced forest lieve, then, I will offer it now and then Mr. LEAHY. Madam President, I rise management, land protection that sup- yield to the Senator from Mississippi to seek the Senate’s approval of S. 1163, ports the recreational and wildlife who will then move to set it aside and the Northern Forest Stewardship Act, needs of the region, integrated research make the bill available for other the result of a joint effort on the part and decision making, and increased amendments. of my colleagues from New England productivity in the traditional as well AMENDMENT NO. 4987 and New York—Senators JEFFORDS, as new compatible industries. (Purpose: To implement the recommenda- GREGG, SMITH, SNOWE, COHEN, MOY- Through this bill, we can boost sus- tions of the Northern Forest Lands Coun- NIHAN, KENNEDY, KERRY, and thousands tainable development and protect the cil) of constituents who live in our region, ecological integrity of biological re- Mr. LEAHY. Madam President, I ask one characterized by some 26 million sources across the landscape. The Na- unanimous consent that it be in order acres of forest spanning four States. tion has taken notice of this highly to offer an amendment on behalf of my- The Northern Forest Stewardship successful effort as a model for meet- self and Senators SNOWE, GREGG, JEF- Act of 1995, S. 1163, is an example of ing the conservation challenges of the FORDS, SMITH, COHEN, MOYNIHAN, KEN- what Congress can achieve when it country, and I am confident of its inev- NEDY, and KERRY, and that it be re- heeds the public’s voice. The bipartisan itable success. ported and become the pending busi- legislation that I introduced with sev- We welcomed the constructive input ness. eral other northern forest Senators on of many people and organizations who Mr. CRAIG. Madam President, re- August 10, 1995, is founded on extensive compared our legislation with the final serving the right to object. research, open discussion, consensus recommendations, research, and public The PRESIDING OFFICER. The Sen- decisions, and visionary problem solv- participation of the Northern Forest ator from Idaho. ing by the people who have a stake in Mr. CRAIG. Madam President, I am Lands Council. the future of the forest. It was our goal to create the best attempting to understand this amend- Legislation rarely embodies such a possible representation of the future ment and would like to work with the thorough effort by so diverse a con- described in the report to Congress, Senator from Vermont. It has not had stituency. Our goal was to accurately Finding Common Ground: Conserving the kind of airing I would hope for, and reflect the recommendations of the the Northern Forest—to make the there is a question, as the chairman northern forest communities, envi- Council’s solutions work, and work just said. I do not want to object this sioned in the final report of the North- evening to this, but I would like to sit well. I want to thank the many citizens ern Forest Lands Council. for their hard work which helped shape down with the Senator from Vermont The council process was initiated to prior to the consideration of it. the final product. avoid the conflicts that have divided The Northern Forest Stewardship Mr. LEAHY. Madam President, let communities in some regions of our the distinguished chairman move to set Act is the work of many people. I want country. These conflicts have very to congratulate the members of the it aside, but it will be there. Under the often been fueled by misinformation, unanimous-consent agreement, I have council for their success, and most im- politics and short-term economic gain. portantly the people of the northern the right to bring it up at any time. I Over the past 4 years, northern forest will offer it just so I can now leave the forest for their enthusiasm during the communities have made a dedicated ef- long process. Thousands of people took floor and it is there. Obviously, it will fort to develop a shared vision for their not be brought up until such time as time to turn out for public meetings future. They have worked hard to ar- the distinguished Senator from Idaho and share their views on the northern rive at a consensus and our job is to in- and I have had a chance to talk. forest. Hundreds more put pen to paper Mr. CRAIG. Under that understand- sure that their efforts are rewarded. or picked up the phone to register their This legislation is guided solely by ing and consideration of the Senator thoughts. the council’s recommendations—it from Vermont, I will not object. Senators GREGG, JEFFORDS, COHEN Mr. COCHRAN addressed the Chair. goes no further, nor does it fall short. and SNOWE deserve particular thanks The PRESIDING OFFICER. The Sen- The bill includes a package of tech- for their contributions to this effort. ator from Mississippi. nical and financial assistance which The Northern Forest Lands Council Mr. COCHRAN. Madam President, I the Congress can and should support. recommendations reflect the first, true was going to say for point of clarifica- Between the Family Forestland Pres- consensus vision of northern forest tion, there are other amendments ervation Act (S. 692) and the Northern communities. We must reward that co- pending as well, so it is not like this is Forest Stewardship Act (S. 1163), Con- operation by providing a fair and true the only amendment offered. There is a gress can meet the recommendations legislative reflection of their combined market access amendment, Senator made by the people of the northern for- wisdom. KERREY has three amendments pend- est. Mr. JEFFORDS. Madam President, I ing, and there are others, all of which The Northern Forest Stewardship rise in support of the Northern Forest are pending before the Senate now. Act includes provisions on the coun- Stewardship Act and commend Senator This is not unusual. The only reason cil’s fundamental principles; formation LEAHY for his leadership on this initia- you were asking unanimous consent of forestry cooperatives; defining meas- tive. was so that those could be set aside urable benchmarks for sustainability; a It was almost a decade ago that a and you could offer that amendment. I northern forest research cooperative; sudden sale of a large tract of forest suggest that the clerk report the interstate coordination and dialog; for- land in northern Vermont and New amendment. est-based worker safety and training; Hampshire forced people to take notice The PRESIDING OFFICER. Without funding for land conservation planning of the value and vulnerability of the objection, it is so ordered. The clerk and acquisition; landowner liability; timber lands in an area which has be- will report the amendment. and nongame wildlife conservation. come known as the Northern Forest. S8540 CONGRESSIONAL RECORD — SENATE July 23, 1996

Foresters, conservationists, and ment of the Northern Forest Lands lina [Mr. THURMOND] and the other recreationists became somewhat Council be printed in the RECORD. This Senator from South Carolina [Mr. HOL- alarmed at the prospects that these statement reflects the guiding prin- LINGS], I send an amendment to the forest lands, long valued for the afore- ciples of the council, and serves as our desk and ask it be reported. mentioned traditional uses, might in- benchmark, as well. The PRESIDING OFFICER. The stead be parceled and sold to bidders There being no objection, the state- clerk will report the amendment. whose intentions and values did not ment was ordered to be printed in the The assistant legislative clerk read necessarily match those of the land- RECORD, as follows; as follows: owners who had long provided steward- NORTHERN FOREST LANDS COUNCIL The Senator from Mississippi [Mr. COCH- ship of these lands. MISSION STATEMENT RAN], for Mr. THURMOND, for himself, and Mr. The States of Vermont, New Hamp- The mission of the Northern Forest Lands HOLLINGS, proposes an amendment numbered shire, Maine, and Vermont marshaled Council is to reinforce the traditional pat- 4988. their resources and convened a study terns of land ownership and uses of large for- Mr. COCHRAN. Madam President, I group to investigate the nature and ex- est areas in the Northern Forest of Maine, ask unanimous consent that the read- tent of the matter. We learned, frank- New Hampshire, New York, and Vermont, ing of the amendment be dispensed ly, that some of our concerns were which have characterized these lands for dec- with. ades. This mission is to be achieve by: overstated. A study of land transfers The PRESIDING OFFICER. Without Enhancing the quality of life for local resi- objection, it is so ordered. did not reveal an imminent threat of dents through the promotion of economic large scale land sales. But we also stability for the people and communities of The amendment is as follows: On page 12, line 25, strike ‘‘$46,330,000’’ and the area and through the maintenance of learned how fragile the economics of insert in lieu thereof ‘‘$46,830,000’’. forestry has become. And if the busi- large forest areas; On page 14, line 10, strike ‘‘$418,620,000’’ and Encouraging the production of a sustain- ness of forestry cannot be sustained, insert in lieu thereof ‘‘$419,120,000’’. able yield of forest products, and; On page 21, line 4, strike ‘‘$47,517,000’’ and then neither can we take for granted Protecting recreational, wildlife, scenic insert ‘‘$47,017,000’’. the benefits of the wooded lands. and wildland resources. So the Northern Forest Lands Coun- Mr. LEAHY. Madam President, I Mr. THURMOND. Madam President, I cil studied these issues in depth and in thank my distinguished friend from rise today, along with my colleague 1994, issued its recommendations. Mississippi for his usual courtesy and from South Carolina, Senator HOL- These recommendations, it is impor- help, and the rest of the Leahy family LINGS, to introduce an amendment to tant to note, reflect a consensus among thanks him, because I think this will restore funding for three agricultural many sectors concerned with forest is- make my evening somewhat easier research projects that are conducted by sues. The council worked hard to en- than his. Clemson University. While I am aware sure a high level of agreement between Mr. COCHRAN addressed the Chair. that funding is limited this year for all diverse constituencies, and we here in The PRESIDING OFFICER. The Sen- programs, these particular research Congress have sought to continue in ator from Mississippi. projects will benefit all American that mode. Mr. COCHRAN. Madam President, I farmers. We have followed two tracks to im- appreciate the remarks of the Senator The alternative cropping systems plement the consensus recommenda- from Idaho, who is chairman of the project is a joint research effort with tions, and the Northern Forest Stew- Forestry Subcommittee of the Senate Clemson University, the University of ardship Act represents the conserva- Committee on Agriculture. He is famil- Georgia, and North Carolina State Uni- tion and stewardship part of the equa- iar with these issues, and his help and versity, which is conducting research tions. Our goal here has been to closely efforts to understand the implications in production and marketing of alter- follow the council’s suggestions, and I of this amendment will be deeply ap- native crops to the traditional agro- greatly appreciate the efforts and ener- preciated. nomic crops grown in the southeast. To gies of the many stakeholders who I am hoping that other Senators can continue this research, $232,000 is need- have helped move this initiative for- come to the floor and offer their ed. ward. This Stewardship Act is designed amendments or debate amendments The peach tree short life research to help the States and private owners that are pending. We had a lot of de- project is currently conducting field to move forward on many initiatives bate yesterday on the market access trials to determine if a ground cover designed to protect and enhance the program. I suggest we probably debated used in peach orchards inhibits repro- forest health, forest economies, and that enough. We can vote on that at 11 duction of ring nematodes, a contribut- community development. o’clock in the morning, in accordance ing cause of peach tree short life. This The other part of the equation has with the request of the majority lead- disease causes the premature death of been put forward in a bill sponsored by er. peach trees. Of the $500,000 included in Senator GREGG. These measures would There may be other amendments this amendment, $162,000 would be used implement the many Federal tax pol- that can be voted on at that time as to continue this research. icy changes recommended by the coun- well. Certainly, the market access pro- The last program this money would cil. My desire would be to merge the gram is one we fully debated yesterday, be used for is the pest control alter- two bills, as one complements the and I expect a vote can occur at 11 natives research project. Currently, other. As I have said, there is broad o’clock on that amendment. There are Clemson University is working to de- agreement that it is increasingly dif- probably others as well. velop innovative pest control tech- ficult to make a living as a forester, There may be some amendments that niques which help reduce environ- and the tax changes contained in the have been cleared. I do know Senator mental concerns and increase returns Gregg bill would be of great benefit to THURMOND had an amendment that we to farmers. For this research program, Vermont forestry professionals. While talked about involving research by the $106,000 is requested. it is not practical or possible to move Department of Agriculture. It might be The consumer is asking for safer food the Gregg bill in concern with the cooperative State research. I am pre- production methods. Further, our Stewardship bill at this time, I think it pared to submit that amendment. I ask farmers need research assistance to is something toward which we should unanimous consent that the pending help reduce pesticide usage on fruits work, and I know several of my col- amendments be set aside for the pur- and vegetables and increase the mar- leagues share this view. pose of offering this amendment. keting potential of our crops. These re- Madam President, this bill is an im- The PRESIDING OFFICER. Without search projects will help find solutions portant step for the Northern Forest. objection, it is so ordered. to these problems, thus aiding farmers As our progress here tonight is only AMENDMENT NO. 4988 as well as consumers. possible because of the work already (Purpose: To provide funding for the Cooper- Mr. COCHRAN. Madam President, done by the Lands Council and all ative State Research, Education, and Ex- this amendment has been cleared on those involved in developing the con- tension Service) both sides. It deals with research in the sensus recommendations, I ask unani- Mr. COCHRAN. Madam President, on State of South Carolina. I know of no mous consent that the mission state- behalf of the Senator from South Caro- objection to the amendment. July 23, 1996 CONGRESSIONAL RECORD — SENATE S8541 The PRESIDING OFFICER. Without ing before the period at the end the follow- My amendment specifically addresses objection, the amendment is agreed to. ing: ‘‘or under paragraphs (1) and (2) of sec- the Rural Housing Services Program The amendment (No. 4988) was agreed tion 514(j), except that an equity loan re- administered by the Department of Ag- ferred to in this clause may not be made to. available after the date of the enactment of riculture—the so-called section 515 pro- AMENDMENT NO. 4989 the Act entitled ‘An Act making appropria- gram. This multifamily rural rental (Purpose: To make necessary reforms to the tions for Agriculture, Rural Development, housing program is one of the few re- rural multifamily loan program of the Food and Drug Administration, and Related sources available to give very low-in- Rural Housing Service) Agencies programs for the fiscal year ending come and low-income residents of rural Mr. COCHRAN. Madam President, I September 30, 1997, and for other purposes’, America access to decent, safe, and af- unless the Secretary determines that the fordable housing. My staff has been in- ask unanimous consent that I be per- other incentives available under this sub- mitted to set aside the pending amend- paragraph are not adequate to provide a fair formed by the CBO that this amend- ments and send an amendment to the return on the investment of the borrower, to ment will not increase the deficit. desk on behalf of the Senator from prevent prepayment of the loan insured While I firmly believe that housing Kansas, Mrs. FRAHM. under section 514 or 515, or to prevent the issues and problems are best resolved The PRESIDING OFFICER. Without displacement of tenants of the housing for on the State and local level, as the Ag- objection, it is so ordered. The clerk which the loan was made’’. riculture Department still retains con- (B) APPROVAL OF ASSISTANCE.—Section trol of these programs we should make will report the amendment. 502(c)(4)(C) of the Housing Act of 1959 (42 The assistant legislative clerk read U.S.C. 1472(c)(4)(C)) is amended by striking them work as efficiently as possible. I as follows: ‘‘(C)’’ and all that follows through ‘‘pro- hope that in the near future we can The Senator from Mississippi [Mr. COCH- vided—’’ and inserting the following: make sweeping reforms that push these RAN], for Mrs. FRAHM, proposes an amend- ‘‘(C) APPROVAL OF ASSISTANCE.—The Sec- responsibilities to State and local gov- ment numbered 4989. retary may approve assistance under sub- ernments; just as our forefathers origi- paragraph (B) for assisted housing only if the nally intended when they wrote the Mr. COCHRAN. Madam President, I restrictive period has expired for any loan ask unanimous consent that the read- for the housing made or insured under sec- tenth amendment. ing of the amendment be dispensed tion 514 or 515 pursuant to a contract entered Despite improvements in housing with. into after December 21, 1979, but before the quality, 2.7 million families still live in The PRESIDING OFFICER. Without date of the enactment of the Department of substandard housing. According to 1990 objection, it is so ordered. Housing and Urban Development Reform Act census data, rural renters were more of 1989, and the Secretary determines that The amendment is as follows: than twice as likely to live in sub- the combination of assistance provided—’’. standard housing as people who owned At the appropriate place in title VII of the (C) TECHNICAL CORRECTION.—Section bill, add the following new section: 515(c)(1) of the Housing Act of 1949 (42 U.S.C. their homes. With lower median in- come and higher poverty rates than SEC. 7 . RURAL HOUSING PROGRAM EXTEN- 1485(c)(1) is amended by striking December SIONS. 21, 1979’’ and inserting ‘‘December 15, 1989’’. homeowners, many renters simply can- (a) EXTENSION OF MULTIFAMILY RURAL (d) EQUITY SKIMMING PENALTIES.— not find decent, affordable housing. HOUSING LOAN PROGRAM.— (1) INSURANCE OF LOANS FOR THE PROVISION The section 515 program assists the OF HOUSING AND RELATED FACILITIES FOR DO- (1) AUTHORITY TO MAKE LOANS.—Section rural elderly, the disabled, and fami- 515(b)(4) of the Housing Act of 1949 (42 U.S.C. MESTIC FARM LABOR.—Section 514 of the lies. The average tenant served by the Housing Act of 1949 (42 U.S.C. 1484) is amend- 1485(b)(4) is amended by striking ‘‘September program has an income of $7,300. In my 30, 1996’’ and inserting ‘‘September 30, 1997’’. ed by adding at the end the following new subsection: home state of Kansas the average ten- (2) SET-ASIDE FOR NONPROFIT ENTITIES.— ‘‘(j) EQUITY SKIMMING PENALTY.—Whoever, ant income is even lower, only $6,590. The first sentence of section 515(w)(1) of the as an owner, agent, or manager, or who is Housing Act of 1949 (42 U.S.C. 1485(w)(1) is Make no mistake, these people would otherwise in custody, control, or possession amended by striking ‘‘fiscal year 1996’’ and not be able to afford decent housing of property that is security for a loan made inserting ‘‘fiscal year 1997’’. without this program. or insured under this section willfully uses, XTENSION OF HOUSING IN UNDERSERVED My amendment would make several (b) E or authorizes the use, of any part of the AREAS PROGRAM.—The first sentence of sec- rents, assets, proceeds, income, or other changes to the section 515 program tion 509(f)(4)(A) of the Housing Act of 1949 (42 funds derived from such property, for any that help alleviate existing problems. U.S.C. 1479(f)(4)(A)) is amended by striking purpose other than to meet actual or nec- It would limit project transfers to in- ‘‘fiscal year 1996’’ and inserting ‘‘fiscal year essary expenses of the property, or for any stances when the Secretary determines 1997’’. other purpose not authorized by this title or that such transfer would be in the best (c) REFORMS FOR MULTIFAMILY RURAL the regulations adopted pursuant to this HOUSING LOAN PROGRAM.— interest of the Federal Government. title, shall be fined not more than $250,000 or Currently, when a project begins to (1) LIMITATION ON PROJECT TRANSFERS.— imprisoned not more than 5 years, or both.’’. Section 515 of the Housing Act of 1949 (42 (2) DIRECT AND INSURED LOANS TO PROVIDE fail financially, the Rural Housing U.S.C. 1485) is amended by inserting after HOUSING AND RELATED FACILITIES FOR ELDER- Service transfers the property to an- subsection (g) the following new subsection: LY PERSONS AND FAMILIES IN RURAL AREAS.— other owner rather than institute fore- ‘‘(h) PROJECT TRANSFERS.—After the date Section 515 of the Housing Act of 1949 (42 closure proceeding. When the property of the enactment of the Act entitled ‘An Act U.S.C. 1485) is amended by adding at the end is transferred, the new owner assumes making appropriations for Agriculture, the following new subsection: the terms of the old debt, but at the Rural Development, Food and Drug Adminis- ‘‘(aa) EQUITY SKIMMING PENALTY.—Who- tration, and Related Agencies programs for ever, as an owner, agent, or manager, or who fair market value at the time of the the fiscal year ending September 30, 1997, and is otherwise in custody, control, or posses- transfer. As many of these properties for other purposes’, the ownership or control sion of property that is security for a loan have decayed and experienced vacancy of a project for which a loan is made or in- made or insured under this section willfully problems, the appraisal will often be sured under this section may be transferred uses, or authorizes the use, of any part of the for much less than the previous loan only if the Secretary determines that such rents, assets, proceeds, income, or other amount. The losses the Government in- transfer would further the provision of hous- funds derived from such property, for any curs can be substantial as properties ing and related facilities for low-income fam- purpose other than to meet actual or nec- age and tax credits are exhausted. ilies or persons and would be in the best in- essary expenses of the property, or for any terests of residents and the Federal Govern- other purpose not authorized by this title or Under current law, an account is es- ment.’’. the regulations adopted pursuant to this tablished in the Department of Agri- (2) EQUITY LOANS.—Section 515(f) of the title, shall be fined not more than $250,000 or culture to offset the cost of guarantees Housing Act of 1949 (42 U.S.C. 1485(t)) is imprisoned not more than 5 years, or both.’’. for private-market equity takeout amended— Mr. COCHRAN. Madam President, loans. Owners pay a certain amount (A) by striking paragraphs (4) and (5); and this deals with the 515 housing pro- into the account to offset the future (B) by redesignating paragraphs (6) gram, the low-income housing pro- cost of those loan guarantees. through (8) as paragraphs (4) through (6), re- gram. Current law requires each owner to spectively. Mrs. FRAHM. Madam President, this deposit $2 per unit rent into the reserve (3) EQUITY TAKEOUT LOANS TO EXTEND LOW- ∑ INCOME USE.— is an amendment to H.R. 3603, the 1997 account each month. It further allows (A) AUTHORITY AND LIMITATION.—Section agriculture appropriations bill, to rem- the owner to increase the per unit rent 502(c)(4)(B)(iv) of the Housing Act of 1949 (42 edy a problem with an important low- by this amount to pay for these depos- U.S.C. 1472(c)(4)(B)(iv)) is amended by insert- income housing program. its. Since tenants are limited as to how S8542 CONGRESSIONAL RECORD — SENATE July 23, 1996 much they can pay for rent, these pay- 515 or section 414 farm labor housing Mr. COCHRAN. Madam President, I ments must come from additional rent- projects that willfully uses or author- ask unanimous consent that the order al assistance. My amendment would re- izes the use of any part of the rents, as- for the quorum call be rescinded. duce the cost of rental assistance by no sets, proceeds, income or other funds The PRESIDING OFFICER. Without longer letting owners increase the derived from the property for an unau- objection, it is so ordered. rents to fund their deposits into the re- thorized purpose may be fined up to Mr. COCHRAN. Madam President, on serve. $250,000 or imprisoned for up to 5 years. the authority of the majority leader, I The most important part of the In addition, the amendment would can announce there will be no further amendment is the addition of criminal make reforms to the section 515 pro- rollcall votes this evening. That infor- penalties for any owner, agent, or man- gram which include: the prohibition of mation is being hotlined to all Sen- ager who willfully uses or authorizes transfer of ownership of a project un- ators’ offices, but for those who might the use of rents or income of the prop- less the Secretary of Agriculture—Sec- be watching their television monitor, erty for any purpose other than to retary—determines that such transfer there will be no more votes this meet actual or necessary expenses. would further the provision of low-in- evening. The first vote will occur to- This provides an effective deterrent to come housing and be in the best inter- morrow no earlier than 11 o’clock a.m. wrongdoing by unscrupulous partici- ests of residents and the Federal Gov- AMENDMENT NO. 4990 pants. ernment; the elimination of the occu- (Purpose: To reauthorize the National Madam President, I believe these pancy surcharge charged to residents Aquaculture Act of 1980) modifications to the section 515 pro- to fund equity loans; and the require- Mr. BUMPERS. Madam President, on gram are a good first step toward get- ment that an equity loan may not be behalf of Senator LEAHY, I send an ting the program back on track. They made unless the Secretary determines amendment to the desk. return the program to its important that available incentives are not ade- The PRESIDING OFFICER. If there public purpose, one that has worked in quate to provide a fair return on the is no objection, the pending amend- Kansas, of creating safe and sanitary investment, prevent prepayment, and ments are set aside, and the clerk will rental alternatives for very low-income prevent resident displacement. report the amendment. residents in America’s rural commu- Finally, the amendment would ex- The assistant legislative clerk read nities. I ask that my colleagues sup- tend the section 515 program for 1 year, as follows: port my amendment and urge its adop- from its current expiration date of Sep- The Senator from Arkansas [Mr. BUMP- tion.∑ tember 30, 1996 to September 30, 1997. A Mr. D’AMATO. Madam President, I ERS], for Mr. LEAHY, proposes an amendment permanent extension will be considered numbered 4990. rise to support the amendment spon- during comprehensive reform of the Mr. BUMPERS. Madam President, I sored by the gentlelady from Kansas program. ask unanimous consent that the read- which would reform the Department of The need for affordable housing in ing of the amendment be dispensed Agriculture’s section 515 Rural Rental rural areas is severe. The 1990 census with. Loan Program. I salute Senator FRAHM estimated that 2.7 million rural Ameri- The PRESIDING OFFICER. Without for her dedication and commitment to cans live in substandard housing. The objection, it is so ordered. reforming and improving this program section 515 program is one of the few The amendment is as follows: which serves as the only source of af- resources available to respond to this fordable rental housing in much of our critical unmet housing need. Since its At the end of the bill, and the following: Nation’s rural areas. As chairman of inception in 1962, the section 515 pro- SEC. . REAUTHORIZATION OF NATIONAL AQUA- CULTURE ACT OF 1980. the Committee on Banking, Housing gram has financed the development of and Urban Affairs I would like to per- Section 10 of the National Aquaculture Act over 450,000 affordable rental units in of 1980 (16 U.S.C. 2809) is amended by striking sonally commend our newest Member over 18,000 apartment projects. The ‘‘1991, 1992, and 1993’’ each place it appears for her quick action in proposing bipar- program assists elderly, disabled, and and inserting ‘‘1991 through 1997’’. tisan reform measures which should be- low-income rural families with an av- Mr. BUMPERS. This is an amend- come law this year. erage income of $7,300. I would also like to express apprecia- ment offered on behalf of Senator I thank Senator FRAHM for her rec- LEAHY dealing with reauthorization of tion to Senator COCHRAN and Senator ognition of the great need for this pro- the aquaculture program. It has been BUMPERS for their consideration of this gram and her steadfast commitment to amendment at the request of the Bank- cleared on both sides. ensuring that every Federal dollar ap- Mr. COCHRAN. We have no objection ing Committee. The Banking Commit- propriated serves the greatest number tee will consider more comprehensive to the amendment. of rural poor. I look forward to work- The PRESIDING OFFICER. The reforms to the section 515 program in ing with her to further improve this the context of an overall examination question is on agreeing to the amend- much needed program in the future and ment. of housing programs within the Rural I support immediate passage of this Housing Service of the Department of The amendment (No. 4990) was agreed amendment. Thank you. to. Agriculture. However, Senator FRAHM’s Mr. COCHRAN. Madam President, I Mr. BUMPERS. Madam President, I amendment includes changes to sec- know of no objection to this amend- tion 515 which are overdue and should move to reconsider the vote. ment, and I recommend its approval. Mr. COCHRAN. Madam President, I be made in advance of a thorough anal- Mr. BUMPERS. The amendment has ysis of this important program. move to reconsider the vote. been cleared on this side. The motion to lay on the table was This amendment would respond to a The PRESIDING OFFICER. Without agreed to. February, 1996 evaluation report enti- objection, the amendment is agreed to. tled ‘‘Legislative Proposals to The amendment (No. 4989) was agreed AMENDMENTS NOS. 4991 AND 4992, EN BLOC Strengthen the Rural Housing Serv- to. Mr. BUMPERS. Madam President, I ices’ Rural Rental Housing Program’’ Mr. COCHRAN. Mr. President, I move send two amendments to the desk on issued by the Department of Agri- to reconsider the vote by which the behalf of Senator KERREY of Nebraska culture’s Office of Inspector General. amendment was agreed to. that I understand have been cleared on Specifically, the amendment would in- Mr. BUMPERS. I move to lay that both sides. clude the inspector general’s No. 1 leg- motion on the table. The PRESIDING OFFICER. The islative objective—the enactment of The motion to lay on the table was clerk will report. civil and criminal penalties for partici- agreed to. The assistant legislative clerk read pants in the program that misuse rural Mr. COCHRAN. Madam President, I as follows: rental housing project assets or in- suggest the absence of a quorum. The Senator from Arkansas [Mr. BUMPERS] come. It is absolutely imperative that The PRESIDING OFFICER. The for Mr. KERREY, proposes amendments num- those in criminal violation be swiftly clerk will call the roll. bered 4991 and 4992, en bloc. and severely punished. Specifically, The assistant legislative clerk pro- The amendments (Nos. 4991 and 4992) any owner, agent or manager of section ceeded to call the roll. are as follows: July 23, 1996 CONGRESSIONAL RECORD — SENATE S8543

AMENDMENT NO. 4991 (1) IN GENERAL.—A voluntary separation (g) EFFECTIVE DATE.—This section shall (Purpose: To provide the Secretary of Agri- incentive payment under this section may be take effect October 1, 1996. culture authority through fiscal year 2000 paid by an agency to any employee only to for the use of voluntary separation incen- the extent necessary to eliminate the posi- AMENDMENT NO. 4992 tives to assist in reducing employment lev- tions and functions identified by the strate- (Purpose: To provide funds for risk els, and for other purposes) gic plan. management, with an offset) (2) AMOUNT AND TREATMENT OF PAYMENTS.— In lieu of the pending amendment insert On page 25, line 16, strike ‘‘$795,000,000’’ and A voluntary separation incentive payment— the following: (A) shall be paid in a lump sum after the insert ‘‘$725,000,000’’. On page 29, between lines 7 and 8, insert SEC. . DEPARTMENT OF AGRICULTURE VOL- employee’s separation; UNTARY SEPARATION INCENTIVE (B) shall be paid from appropriations or the following: PAYMENTS. funds available for the payment of the basic RISK MANAGEMENT (a) DEFINITIONS.—For the purposes of this pay of the employees; For administrative and operating expenses, section— (C) shall be equal to the lesser of— as authorized by section 226A of the Depart- (1) the term ‘‘agency’’ means the Depart- (i) an amount equal to the amount the em- ment of Agriculture Reorganization Act of ment of Agriculture; ployee would be entitled to receive under 1994 (7 U.S.C. 6933), $70,000,000, of which not (2) the term ‘‘employee’’ mean an em- section 5595(c) of title 5, United States Code; to exceed $700 shall be available for official ployee (as defined by section 2105 of title 5, or reception and representation expenses, as au- United States Code) who is employed by the (ii) an amount determined by the agency thorized by section 506(i) of the Federal Crop agency (or an individual employed by a coun- head not to exceed $25,000 in fiscal year 1997, Insurance Act (7 U.S.C. 1506(i): Provided, ty committee established under section $20,000 in fiscal year 1998, $15,000 in fiscal That this appropriation shall be available 8(b)(5) of the Soil Conservation and Domestic year 1999, or $10,000 in fiscal year 2000; only to the extent that an official budget re- Allotment Act (16 U.S.C. 590h(b)(5))), is serv- (D) shall not be a basis for payment, and quest for a specific dollar amount is submit- ing under an appointment without time limi- shall not be included in the computation, of ted by the President to Congress. tation, and has been currently employed for any other type of Government benefit; and a continuous period of at least 3 years, but (E) shall not be taken into account in de- Mr. BUMPERS. Madam President, I does not include— termining the amount of any severance pay ask unanimous consent that the (A) a reemployed annuitant under sub- to which the employee may be entitled under amendments be agreed to, en bloc. chapter III of chapter 83 or chapter 84 of title section 5595 of title 5, United States Code, Mr. COCHRAN. Madam President, we 5, United States Code, or another retirement based on any other separation. have reviewed the amendments, and system for employees of the agency; (3) LIMITATION.—No amount shall be pay- they have been cleared on this side. (B) an employee having a disability on the able under this section based on any separa- basis of which such employee is or would be tion occurring before the date of the enact- Mr. BUMPERS. I urge the adoption eligible for disability retirement under the ment of this Act, or after September 30, 2000. of the amendments. applicable retirement system referred to in (d) ADDITIONAL AGENCY CONTRIBUTIONS TO The PRESIDING OFFICER. The subparagraph (A); THE RETIREMENT FUND.— question is on agreeing to the amend- (C) an employee who is in receipt of a spe- (1) IN GENERAL.—In addition to any other ments Nos. 4991 and 4992, en bloc. cific notice of involuntary separation for payments which it is required to make under The amendments (Nos. 4991 and 4992), misconduct or unacceptable performance; subchapter III of chapter 83 of title 5, United en bloc, were agreed to. (D) an employee who, upon completing an States Code, the agency shall remit to the Mr. BUMPERS. Madam President, I Office of Personnel Management for deposit additional period of service as referred to in move to reconsider the vote. section 3(b)(2)(B)(ii) of the Federal in the Treasury of the United States to the Workforce Restructuring Act of 1994 (5 credit of the Civil Service Retirement and Mr. COCHRAN. I move to lay that U.S.C. 5597 note), would qualify for a vol- Disability Fund an amount equal to 15 per- motion on the table. untary separation incentive payment under cent of the final basic pay of each employee The motion to lay on the table was section 3 of such Act; of the agency who is covered under sub- agreed to. (E) an employee who has previously re- chapter III of chapter 83 or chapter 84 of title AMENDMENT NO. 4993 ceived any voluntary separation incentive 5, United States Code, to whom a voluntary Mr. BUMPERS. Madam President, I payment by the Federal Government under separation incentive has been paid under this send an amendment to the desk. section. this section or any other authority and has The PRESIDING OFFICER. The not repaid such payment; (2) DEFINITION.—For the purpose of para- (F) an employee covered by statutory re- graph (1), the term ‘‘final basic pay’’, with clerk will report the amendment. employment rights who is on transfer to an- respect to an employee, means the total The assistant legislative clerk read other organization; or amount of basic pay which would be payable as follows: (G) any employee who, during the twenty- for a year of service by such employee, com- The Senator from Arkansas [Mr. BUMPERS] four month period preceding the date of sep- puted using the employee’s final rate of basic proposes an amendment numbered 4993. aration, has received a recruitment or relo- pay, and, if last serving on other than a full- On page 12, line 25, strike ‘‘$46,830,000’’ and cation bonus under section 5753 of title 5, Un- time basis, with appropriate adjustment insert in lieu thereof ‘‘$47,080,000’’. tied States Code, or who, within the twelve therefor. On page 14, line 10, strike ‘‘$419,120,000’’ and month period preceding the date of separa- (e) EFFECT OF SUBSEQUENT EMPLOYMENT insert in lieu thereof ‘‘$419,370,000’’. tion, received a retention allowance under WITH THE GOVERNMENT.—An individual who On page 21, line 4, strike ‘‘$47,017,000’’ and section 5754 of title 5, United States Code. has received a voluntary separation incen- insert in lieu thereof ‘‘$46,767,000’’. (b) AGENCY STRATEGIC PLAN.— tive payment under this section and accepts Mr. BUMPERS. Madam President, (1) IN GENERAL.—The head of the agency, any employment for compensation with the this deals with a project in Rhode Is- prior to obligating any resources for vol- Government of the United States, or who untary separation incentive payments, shall works for any agency of the United States land. I think it has been cleared by submit to the House and Senate Committees Government through a personal services con- both sides. on Appropriations and the Committee on tract, within 5 years after the date of the Mr. COCHRAN. Madam President, Governmental Affairs of the Senate and the separation on which the payment is based that amendment has been cleared on Committee on Government Reform and Over- shall be required to pay, prior to the individ- this side of the aisle. sight of the House of Representatives a stra- ual’s first day of employment, the entire The PRESIDING OFFICER. The tegic plan outlining the intended use of such amount of the incentive payment to the question is on agreeing to the amend- incentive payments and a proposed organiza- agency that paid the incentive payment. ment No. 4993. tional chart for the agency once such incen- (f) REDUCTION OF AGENCY EMPLOYMENT The amendment (No. 4993) was agreed tive payments have been completed. LEVELS.— to. (2) CONTENTS.—The agency’s plan shall in- (1) IN GENERAL.—The total number of fund- clude— ed employee positions in the agency shall be Mr. BUMPERS. I move to reconsider (A) the positions and functions to be re- reduced by one position for each vacancy the vote. duced or eliminated, identified by organiza- created by the separation of any employee Mr. COCHRAN. I move to lay that tional unit, geographic location, occupa- who has received, or is due to receive, a vol- motion on the table. tional category and grade level; untary separation incentive payment under The motion to lay on the table was (B) the number and amounts of voluntary this section. For the purposes of this sub- agreed to. separation incentive payments to be offered; section, positions shall be counted on a full- Mr. BUMPERS. Madam President, I and time-equivalent basis. suggest the absence of a quorum. (C) a description of how the agency will op- (2) ENFORCEMENT.—The President, through erate without the eliminated positions and the Office of Management and Budget, shall The PRESIDING OFFICER. The functions. monitor the agency and take any action nec- clerk will call the roll. (c) AUTHORITY TO PROVIDE VOLUNTARY SEP- essary to ensure that the requirements of The assistant legislative clerk pro- ARATION INCENTIVE PAYMENTS.— this subsection are met. ceeded to call the roll. S8544 CONGRESSIONAL RECORD — SENATE July 23, 1996 Mr. COCHRAN. Madam President, I get them offered and disposed of this The GAO—this was some 6 years ago, ask unanimous consent that the order evening, if we can. And with that, I and the quota price has jumped around for the quorum call be rescinded. suggest the absence of a quorum. a bit, but it is relatively the same as 6 The PRESIDING OFFICER. Without The PRESIDING OFFICER. The years ago—said that over $14 million a objection, it is so ordered. clerk will call the roll. year the Federal Government spends. Mr. COCHRAN. Madam President, I The assistant legislative clerk pro- Where? Out of the mouths of people ask unanimous consent that the pend- ceeded to call the roll. who could be fed through Federal nu- ing amendments be set aside so I may Mr. SANTORUM. Mr. President, I tritious meals. To where? To wealthy offer this amendment on behalf of Sen- ask unanimous consent that the order quota farmers. That is where that ator HEFLIN of Alabama. for the quorum call be rescinded. money goes, instead of feeding more The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. kids. objection, it is so ordered. SMITH). Without objection, it is so or- We heard Member after Member, dered. AMENDMENT NO. 4994 frankly, on both sides of the aisle, say, Mr. SANTORUM. Mr. President, I un- ‘‘What about the kids? Don’t you care Mr. COCHRAN. Madam President, on derstand that the majority leader is about the kids? We should have more behalf of Senator HEFLIN I send an working on an agreement of some sort. money to feed these children. We amendment to the desk and ask that it So I will not begin any kind of formal should have more money to take care be reported. amendment proceedings. But I do have of these kids.’’ So what do we do with The PRESIDING OFFICER. The an amendment at the desk, which I the peanut program? We suck money clerk will report the amendment. would like to talk about. The assistant legislative clerk read I am not going to offer this amend- out of these nutrition programs to go as follows: ment. I want to talk about it because I to help kids, and it goes where? To a The Senator from Mississippi [Mr. COCH- think it is important to realize the bunch of wealthy quota owners, many RAN] for Mr. HEFLIN, proposes an amendment cost of the peanut program. Not only of whom don’t even farm the land. numbered 4994. do I refer to the cost of the peanut pro- They sit all over the world with their Mr. COCHRAN. Madam President, I gram to the American peanut farmers, little quota that they got passed down ask unanimous consent that further to the millions of processing jobs, and from their granddaddies. They take reading of the amendment be dispensed to the consumers, but the cost to the money right out of the mouths of kids with. Federal Government of the peanut pro- in our Federal Government programs. The PRESIDING OFFICER. Without gram. I had an amendment at the desk that objection, it is so ordered. As a result of the past farm bill, we would say that USDA, who purchases The amendment is as follows: now have a no-cost peanut program. peanuts and peanut products for the At the appropriate place, insert: ‘‘Section Well, that may be true within the con- variety of the nutrition programs that 101(b) of the Agriculture and Food Act of 1981 fines of the peanut program, but the they operate, would not have to buy (Public Law 97–98; 7 U.S.C. 608c note) is program does two things. It limits the quota peanuts, would not have to pay amended by striking ‘‘1996’’ and inserting amount of peanuts grown for domestic twice the world price to feed our poor ‘‘2002’’. consumption. It is a program that says kids in America. Mr. COCHRAN. Madam President, here is how much will be grown in this The problem with that amendment, this deals with the dairy issue, and it country for use in this country. The as I find out, is that the quota has al- has been cleared on this side of the Department of Agriculture sets that ready been set for this year. Thereby, if aisle. amount. In addition, it doesn’t just we took those quota peanuts that—the Mr. BUMPERS. It has been cleared limit the amount of the peanuts that way they calculate the market and the on this side of the aisle. are grown, it also sets the price. production—would have ordinarily The PRESIDING OFFICER. The You might think that I am talking come to the USDA, we would, in a question is on agreeing to the amend- about the former Soviet Union here. sense, have more peanuts go on loan, ment No. 4994. No, this is America. We set how much which means the price of the peanut The amendment (No. 4994) was agreed farmers can grow, and we set what we program would go up about $5 million. to. are going to pay for that—all done by So we score it as a $5 million loss this Mr. COCHRAN. I move to reconsider the Federal Government—which is an year. the vote. amazing thing, but that is how the pea- Unfortunately, because this is an ap- Mr. BUMPERS. I move to lay that nut program works. propriations bill, I cannot change the motion on the table. Well, the fact is that the Federal law in the future. As a result, the sav- The motion to lay on the table was Government is a consumer of peanuts. ings in the future are tens of millions agreed to. We have a variety of nutrition pro- of dollars. But because of the quirk in Mr. COCHRAN. Madam President, I grams in the Federal Government. We the way this bill is structured, and the do not know of any other amendments have TEFAP and the school lunch pro- way the amendment had to be struc- we have cleared at this point. Senators, grams, and all down the list. You tured to comply with the bill, the of course, who would like to offer their would not be surprised that a lot of amendment that I have to offer, in amendments tonight should do so. We these programs are focused on kids, fact, would not be a cost-effective are going to try to get as many amend- and you probably wouldn’t be further amendment. Therefore, I am not going ments dealt with tonight as we can. surprised that one of the major staples to offer it. But the principle is a solid But if Senators do not come and offer of young kids is peanuts and peanut one. them, we cannot do anything. butter. I have a 5-year-old who loves We just finished welfare reform. We Mr. BUMPERS. Madam President, I peanut butter. Guess where we have to just finished saying that we need to would like to fortify what the chair- buy our peanuts for domestic consump- make sure that those resources that we man just said. And that is, that we tion with the Federal programs; we do have dedicated to helping the poor should not be required—and I do not have to buy quota peanuts. should be used as efficiently and effec- think we are going to be required—to Quota peanuts sell between $600 and tively as possible. A lot of the reform sit here all night pending some Senator $700 a ton. The world market price for we saw in the nutrition programs out deciding to come over and offer his peanuts—the price for additional pea- of the Department of Agriculture, par- amendment. nuts not grown under the blessings of ticularly the Food Stamp Program, The unanimous-consent agreement the Federal Government, which can be were focused in on making this system has been entered into. Everybody sold here but have to be exported—is a more effective and efficient system in knows which amendments are going to about $350 to $400 a ton. So the Federal delivering services to people who need be in order. Senator COCHRAN and I do Government has to pay roughly twice them in this country. Yet, we have this not have any interest in sitting here what the world pays for peanuts. All dinosaur of a program that looks more during numerous quorum calls hoping these nutrition programs have to pay like something that came out of Com- that somebody will show up. So I hope twice what the world pays for peanuts munist Russia than out of the United Senators will be considerate enough to to go ahead and feed our kids. States, which is costing children food. July 23, 1996 CONGRESSIONAL RECORD — SENATE S8545 Let us just lay it on the line. We are reformed. In fact, it was reformed to cussed for a great while. The peanut taking food out of the mouths of chil- the extent that it is about a 30-percent program has been substantially re- dren and putting money in the pockets cut to the producer. But this is where formed. The Department is now in the of wealthy quota holders. Now, that is it was prior to that time. A bag of pea- process of implementing the law. I just wrong. That is wrong by anybody’s nuts that cost 50 cents is 99 percent do not believe that we ought to move standard. We should fix that. peanuts. This is the jar of peanuts, and at this time to try to change it. Let us Unfortunately, again, because of the of peanut butter, which shows that the see what is going to happen with the legislative vehicle we have before us, farmer was getting 7 cents out of the program. we cannot fix that. But I will tell you 50. Then on peanut butter where it is 90 So I would say that this is not the that I will be back. We will talk about percent peanuts, the farmer was get- time. Most of the peanut farmers have this issue. I am anxious to hear how ting 54 cents. That would have been gone to the bank, and they have made those who defend the peanut program $1.64, and then 44 cents in addition to their loans. They have made their can defend money being taken away that, which would be $2.08 for a jar of plans for the year. They have signed up from these necessary feeding programs peanuts which had 90 percent peanuts. relative to the crop insurance and for children to put money in the pock- But with the cuts that have now taken other things. Now in the middle of a ets of wealthy quota holders, most of place under the farm bill and under crop year, I just do not believe is the whom don’t even farm their own land this reform, you would have to take time for us to be changing the peanut to grow peanuts. away 30 percent, which would show 4.9 program. At this point, because I understand cents that the farmer got. And here, in I appreciate very much the fact that the majority leader is working on regard to the 30 percent, it was the distinguished Senator from Penn- something, I will yield the floor and changed; the farmer, instead of getting sylvania is not planning to offer the suggest the absence of a quorum. 54 cents, is going to get 38 cents. amendment. The PRESIDING OFFICER. The There has been a lot of talk that I yield the floor. clerk will call the roll. there would be pass-ons by which the Mr. President, I suggest the absence The legislative clerk proceeded to savings would be passed on to the of a quorum. call the roll. consumer. The GAO, in a study, con- The PRESIDING OFFICER. The Mr. HEFLIN. Mr. President, I ask sulted and talked to the manufactur- clerk will call the roll. unanimous consent that the order for ers, and the manufacturers had indi- The legislative clerk proceeded to the quorum call be rescinded. cated that they could not guarantee call the roll. The PRESIDING OFFICER. Without any savings would be passed on in that Mr. BUMPERS. Mr. President, I ask objection, it is so ordered. the money would be used to develop unanimous consent that the order for Mr. HEFLIN. Mr. President, I rise in new products and advertising. the quorum call be rescinded. disagreement with the Senator from It is sort of interesting what has oc- The PRESIDING OFFICER. Without Pennsylvania. I do not want to prolong curred recently in regard to cereals. objection, it is so ordered. this, so I will make a brief statement. This is not about peanuts but about ce- Mr. BUMPERS. Mr. President, I ask I assume the distinguished Senator reals. Corn and other grain prices unanimous consent that the pending from Pennsylvania was speaking of the today are at an all-time high. Corn, for amendment be set aside in order to amendment he had at the desk, No. example, was at a 5-year historical av- offer a couple of amendments that have 4962, which was the prohibition on pur- erage of $2.30 a bushel, and the price been agreed to. chase of quota peanuts for domestic today on corn is $5.35 a bushel, which is The PRESIDING OFFICER. Is there feeding programs. I assume that is substantially more than double. But objection? The Chair hears none, and it what he had. He was talking about the yet, the cereal manufacturers have re- is so ordered. School Lunch Program. As I under- cently reduced the price of their break- Mr. BUMPERS. Mr. President, I ask stand it, he was saying that, because of fast cereal by as much as 25 percent to unanimous consent that an amendment the program, the Government has to 30 percent. by myself, which was inadvertently left pay twice the world price—twice as I think this demonstrates that there off the unanimous consent agreement much for peanuts that go to the School is very little relationship between what list, be in order. Lunch Program and other programs the farmers are paid for their commod- The PRESIDING OFFICER. Without that the Government might be in- ity and what food products are sold for objection, it is so ordered. volved in. Unfortunately, I believe that at retail. AMENDMENTS NOS. 4996 AND 4997, EN BLOC the distinguished Senator is not really So, therefore, it ought to be plain Mr. BUMPERS. Mr. President, I ask familiar with the School Lunch Pro- that any savings to the manufacturers unanimous consent that amendment gram and the other USDA commodity through reduced or capped costs on the together with an amendment that I distribution programs. farmer would not translate into sav- would like to offer on behalf of Senator We have a chart here that I will point ings to the retail consumers. SARBANES and Senator MIKULSKI be out briefly, which is based upon USDA To give you some idea as to the cost, considered en bloc. They have been calculations. This chart here is de- we have a chart showing what a jar of agreed to by both sides. signed to show the manufacturer’s peanut butter sells for in the United The PRESIDING OFFICER. Without cost, based on USDA figures, of two States, being an 18-ounce equivalent objection, it is so ordered. jars of peanut butter, both being the jar of brand name peanut butter, not Mr. BUMPERS. I send those amend- same size, both being generic. generic. It sells for $2.10. These are ments to the desk. This chart shows that the manufac- USDA figures. In Mexico it is $2.55, and The PRESIDING OFFICER. The turers are able to make and sell peanut so on. clerk will report the amendments. butter to the USDA School Lunch Pro- Actually, ours are the lowest in the The legislative clerk read as follows: gram at 81 cents a pound. Yet, consum- world and by far the safest. There are ers at the market would pay $1.87 a The Senator from Arkansas [Mr. BUMPERS] matters pertaining to inspection of for- proposes amendments numbered 4996 and pound. Eighty-one cents doubled is eign peanuts coming in that raise ques- 4997, en bloc. $1.62. So already when you have a pro- tions concerning food safety because The amendments (Nos. 4996 and 4997), gram by which the manufacturers, in there is a problem that is known as en bloc, are as follows: effect, bid against each other for the aflatoxin, and aflatoxin in the United On page 42, line 22, after ‘‘development’’, school lunch purchases, it ends up that States is controlled. It is a disease, and add the following, ‘‘as provided under section there are considerable savings. it is such that can cause cancer. But 747(e) of Public Law 104–127’’. I would like to point out the pack of the peanuts that come in from foreign peanuts and the jar of peanuts. This countries do not have the standards AMENDMENT NO. 4997 chart was prepared before the bill was that we have in the United States. (Purpose: To restore funding for certain agri- passed dealing with the farm bill which I could go on, but I do not want to cultural research programs, with an offset) had the peanut program and in which unduly take time to talk about this. On page 5, line 8, strike ‘‘$25,587,000’’ and the peanut program was substantially The matter of peanuts could be dis- insert ‘‘$23,505,400’’. S8546 CONGRESSIONAL RECORD — SENATE July 23, 1996 On page 5, line 10, strike ‘‘$146,135,000’’ and creasing, even while their estimates of drugs—both actual and projected—is insert ‘‘$144,053,400’’. that review time would have us believe shorter than the review time for the On page 10, line 18, strike ‘‘$721,758,000’’ and the time is falling. generic copies, a position I find unten- insert ‘‘$722,839,600’’. Let me elaborate. able. Mr. COCHRAN. Mr. President, the On the first point, the FDA estimates Mr. President, generic drugs rep- amendments have been cleared on this that they will devote 390 full-time resent a very cost-effective means of side of the aisle. equivalents [FTE’s] to generic drug re- controlling health care expenditures. Mr. BUMPERS. I urge their adoption. view in fiscal year 1997, which is down Any delay in sending these drugs to The PRESIDING OFFICER. Is there from the fiscal year 1996 estimate of 397 market increases costs to patients, no further debate? FTE’s. It is also down from the actual Without objection, the amendments who may end up paying more for phar- number of 396 FTE’s in fiscal year 1995 are agreed to. maceuticals, and it increases costs to The amendments (Nos. 4996 and 4997), and 432 FTE’s in fiscal year 1994. taxpayers through Government-funded en bloc, were agreed to. As a matter of fact, statistics pro- programs such as Medicare and Medic- Mr. BUMPERS. Mr. President, I vided by the FDA itself indicate that aid. move to reconsider the vote. there has been a build up over the past It is clear to me that the FDA should Mr. COCHRAN. I move to lay that decade from 227 FTE’s devoted to ge- be giving generic drug applications motion on the table. neric drug reviews in fiscal year 1986, more attention, not less. The motion to lay on the table was steadily increasing to the all-time high That is the motivation for the agreed to. of 448 FTE’s in fiscal year 1993, and now amendment we offer today, and I urge AMENDMENT NO. 4998 declining each year. its adoption. (Purpose: To require that certain funds be Perhaps not coincidentally, the start Mr. COCHRAN. Mr. President, this is used to comply with certain provisions of of the decline was the exact time when an amendment that deals with a ge- the Federal Food, Drug, and Cosmetic Act the Prescription Drug User Fee Act neric drug issue in the Food and Drug relating to approval deadlines) [PDUFA] was enacted, the law which Administration jurisdiction. We sup- Mr. COCHRAN. Mr. President, in be- guaranteed subsidization of innovator port passage of the amendment and half of Senator HATCH and Senator drug reviews through new user fees. recommend its approval. HARKIN, I send an amendment to the Those fees were not applied to generic Mr. BUMPERS. Mr. President, the desk and ask it be considered. drug reviews. amendment has been cleared on this The PRESIDING OFFICER. The On the second point, I would like to side. It is agreeable to us. clerk will report the amendment. note that there is a substantial gap be- The PRESIDING OFFICER. If there The legislative clerk read as follows: tween the FDA’s estimates of how long is no further debate, the question is on The Senator from Mississippi [Mr. COCH- it will take them to review generic agreeing to the amendment. RAN], for Mr. HATCH, for himself and Mr. drugs and the actual review time. The amendment (No. 4998) was agreed HARKIN, proposes an amendment numbered For 2 recent years for which I have to. 4998. statistics supplied by the FDA, there Mr. COCHRAN. Mr. President, I move Mr. COCHRAN. Mr. President, I ask has been a large discrepancy between to reconsider the vote. unanimous consent that reading of the the time FDA thinks it will need to re- Mr. BUMPERS. I move to lay that amendment be dispensed with. view generic drug applications and the motion on the table. The PRESIDING OFFICER. Without actual review time. In fiscal year 1995, The motion to lay on the table was objection, it is so ordered. for example the FDA told the Appro- agreed to. The amendment is as follows: priations Committee it would take an AMENDMENT NO. 4999 On page 55, line 7, after the colon, insert average of 24 months to review generic Mr. COCHRAN. Mr. President, in be- the following: Provided further, That a suffi- drug applications; in fact, it took 34.2 cient amount of these funds shall be used to half of the Senator from New Hamp- ensure compliance with the statutory dead- months. The next year, the current fis- shire [Mr. SMITH], I send an amend- lines set forth in section 505(j)(4)(A) of the cal year, even though the FDA had not ment to the desk and ask that it be re- Federal Food, Drug, and Cosmetic Act (21 come close to meeting its target from ported. U.S.C. 355(j)(4)(A)):’’. the year before, FDA estimated that The PRESIDING OFFICER. The Mr. HATCH. Mr. President, the pur- the approval time would fall—to an av- clerk will report the amendment. pose of this amendment is simple. It di- erage of 20 months. In fact, the current The legislative clerk read as follows: rects the Food and Drug Administra- estimates are that it is taking an aver- The Senator from Mississippi [Mr. COCH- tion [FDA] to devote sufficient re- age of 30 months. RAN], for Mr. SMITH, proposes an amendment sources to making sure that generic What is really astonishing is that the numbered 4999. drug applications are reviewed within law mandates a 6-month review time. Mr. COCHRAN. Mr. President, I ask the statutory deadline, which is 180 Instead of seeking the resources to unanimous consent that reading of the days. meet that statutory deadline, the FDA amendment be dispensed with. Many of my colleagues may be sur- has been seeking to expand its regu- The PRESIDING OFFICER. Without prised to know that the FDA is not latory purview, by dusting off old regu- objection, it is so ordered. meeting this deadline. In fact, it has lations such as ‘‘Medguide’’ or starting The amendment is as follows: new initiatives such as tobacco, each of fallen woefully short of meeting the On page 47, line 17, before the period, insert law’s requirement. which undoubtedly requires new fund- the following: ‘‘: Provided further, That, not- It is obvious to me that the Senate ing. withstanding section 306(a)(7) of the Consoli- has learned one thing from our exten- While the FDA blindly rushes to dated Farm and Rural Development Act (7 sive debate on GATT and pharma- make a case for both initiatives, only U.S.C. 1926(a)(7)), the town of Berlin, New ceutical patents over the past 8 part of which is compelling from a pub- Hampshire, shall be eligible during fiscal months. We all want to do what we can lic health perspective, I find it intrigu- year 1997 for a grant under the rural utilities to speed less-costly pharmaceutical ing that the Agency has chosen to ig- assistance program’’. products to the marketplace. nore a statutory mandate on the one Mr. COCHRAN. Mr. President, this And that is the goal of our amend- hand while it voluntarily seeks to ex- amendment has been cleared on this ment. pand its purview on the other. side. It deals with a water issue in the There are two compelling points I What is particularly compelling is State of New Hampshire. I understand want to leave with Members of this that, as the review times for generic it has been cleared on both sides. body. drugs increased, the review times for Mr. BUMPERS. Mr. President, let me The first is that FDA resources de- innovator drugs has decreased dramati- ask the indulgence of the Senator from voted to review of generic drugs are in- cally. It is now about 24 months on av- Mississippi for a moment. We have not sufficient, and are dwindling from an erage; the median is estimated at 17.5 seen the language on this yet. We prob- alltime high in 1993. months. ably will have no objection but before The second is that the FDA’s actual And so we find ourselves in the ironic agreeing to it, we would like to see the review time for generic drugs is in- position that review times for new language. July 23, 1996 CONGRESSIONAL RECORD — SENATE S8547 Mr. COCHRAN. Mr. President, I ask The House version of H.R. 3603 in- State to such an extent that every sin- unanimous consent to withdraw the cludes an eminently sensible provision, gle county in New Mexico is currently amendment. section 729, designed to ensure that the eligible for USDA’s disaster assistance The PRESIDING OFFICER. Without sugar price support program is oper- programs. I know that every State in objection, it is so ordered. ated in a fashion beneficial for both the Southwest is suffering just as The amendment (No. 4999) was with- growers and refiners. The provision greatly. drawn. stipulated that no Federal funds could One of the USDA programs that has CANE SUGAR REFINING be spent to support raw cane sugar been critical in helping the citizens of Mr. MOYNIHAN. Mr. President, cane prices at more than 117.5 percent of the my State cope with this drought is the sugar refining has been around in statutory loan rate of 18 cents per emergency disaster loan program. The America since the beginning of the Re- pound. This amounts to a little more Western Governors’ Association has public. Christopher Columbus intro- than 21 cents per pound. A very reason- identified funding this program at the duced sugarcane from West Africa to able price for producers. More than the maximum level possible as one their Santo Domingo on his second voyage in loan rate, more than enough to prevent top priorities in combating the effects 1495. Our Nation’s leading cane sugar forfeitures—a price sufficient to repay of the drought. Sadly, the Clinton ad- refiner, Domino Sugar, which is loans and cover interest and transpor- ministration chose to zero this crucial headquartered in New York City, has tation of raw sugar to market. And a program out of its fiscal year 1997 been in business for nearly 200 years. price at which refiners can operate. In budget. In addition, the House has allo- Domino’s Brooklyn refinery has been practice, the House provision would re- cated the program a mere $25 million in operation for 119 years. quire the Secretary of Agriculture to for fiscal year 1997. Fortunately, under The refining industry is an important allow sufficient imports from existing the Chairman’s leadership, the Senate part of our economy, employing thou- quota holders so that the price does has included $75 million for emergency sands of Americans in good-paying not exceed 21.1 cents per pound. Grow- disaster relief. I would like his com- manufacturing jobs. The Domino em- ers would profit. Refiners could stay in mitment to fight to maintain the Sen- ployees at the Brooklyn plant, for in- business. Adequate supplies would be ate funding level for this much-needed stance, make about $40,000, on average. available at affordable prices. program. Domino alone employs over 800 people Let me be clear. I’m no fan of the Mr. COCHRAN. I understand just how in New York and 2,000 nationwide. Re- sugar price support program. It’s So- important the emergency disaster loan fined Sugar Inc., located in Yonkers, viet-style intervention in the market. program is to those people whose farms employs another few hundred. These But if we are stuck with it—for the and ranches have been devastated by refining jobs are, for the most part, lo- time being—at least we can operate the this drought, and I agree with the Sen- cated in inner cities and along urban program so that it doesn’t drive our re- ator that it was unfortunate that the waterfronts where other manufactur- finers out of business. Clinton administration chose to zero ing jobs are scarce. The House provision does not abolish out the program just when those farm- But the refining industry is on the the sugar program. It does not lower ers and ranchers will need it the most. brink of collapse. In the last 10 years, the loan rate for sugar. It will not in- The Senator has my commitment that the number of cane sugar refineries na- duce loan forfeitures or cost the Fed- I will seek to maintain the Senate tionwide has been cut in half, from 22 eral Government any money. Indeed, level of $75 million when this bill goes to 11. Plants in Boston and Philadel- revenue from import duties would in- to conference. phia have closed; a refinery in Hawaii crease. And the provision does not open Mr. DOMENICI. I thank the Chair- may have to close later this year. the door for ‘‘subsidized European man for his outstanding leadership on Other domestic refiners, including sugar.’’ this important issue. Domino and Refined Sugar Inc., have I think the House provision is a very RAW CANE SUGAR SUPPLY had to shut down several times because fair compromise that balances the in- Mr. COVERDELL. Mr. President, I they have been unable to obtain ade- terests of producers, refiners, and end commend the chairman for his work on quate quantities of the raw product users. I urge the Senate conferees to this bill and recognize the delicate bal- and affordable prices. H.R. 3603 to agree to the House provi- ance he must strike in satisfying the The domestic refining industry—one sion, or something much like it. Last varying interests of each Member. I of the last bastions of manufacturing year, when Congress reviewed the would like to bring to the chairman’s in some of our cities—is being crippled sugar price support program and a ma- attention a situation that has plagued by overly restrictive administration of jority decided to retain it, there was an many of our domestic sugar refineries the sugar price support program. The understanding the program would be with regard to raw cane sugar supply. loan rate for sugar is 18 cents per operated in a way that is beneficial not Is the chairman aware that the Sec- pound. But bowing to pressure from only to producers, but to refiners, retary of Agriculture has administered beet sugar producers, the administra- users, and consumers alike. Implemen- the Sugar Program in such a manner tion has kept cane imports so low that tation of the program has left some- as to cause shutdowns and cutbacks in the domestic price for raw sugar has thing to be desired in this respect. Sec- certain sugar refineries across the fluctuated between 22 and 25 cents per tion 729 would help. I entreat the Sen- country? pound. These prices are far higher than ate conferees to H.R. 3603 to support Mr. COCHRAN. Yes, I am aware of what is necessary to prevent loan for- the House provision. Otherwise, we will this. feitures, and they have stimulated beet be driving thousands of manufacturing Mr. COVERDELL. Is the chairman sugar production, which has driven jobs overseas. also aware of the fact that it is the down the price of refined sugar. Cane EMERGENCY DISASTER LOAN PROGRAM Secretary’s responsibility to admin- refiners operated in the red throughout Mr. DOMENICI. Mr. President, let me ister the program in such a manner 1995. first commend the Chairman on the that provides an adequate supply of The situation has eased somewhat outstanding work he has done on this sugar to satisfy our domestic needs? this year as the administration belat- important appropriations bill. I would Mr. COCHRAN. I am aware of this edly and sporadically increased the like to bring his attention to one provi- and am cognizant of the Senator’s quotas. But more is needed, and it is sion in the bill that is especially im- point. needed urgently, or we will lose this in- portant to New Mexico and the South- Mr. COVERDELL. I would like to ad- dustry. west in general. The entire Southwest vise the chairman that we have a re- I understand my colleagues’ concerns is currently in the grip of the worst curring problem with regard to supply about potential disruptions to sugar drought in half a century. Despite re- of raw sugar for cane refineries in the growers in their States. In turn, I cent rains, stream flows in New Mexico current administration of the sugar would expect them to share my con- are predicted to be 33 to 100 percent program. I would appreciate the chair- cern about the very real disruptions re- below average through the summer, man’s support in reviewing report lan- finers in my State and elsewhere are with no end in sight. This drought has guage addressing this supply issue as experiencing. devastated crops and livestock in my the bill moves to conference. I will be S8548 CONGRESSIONAL RECORD — SENATE July 23, 1996 happy to provide him with such lan- gram to small- and medium-size farm- grow a whole lot of peanuts in Penn- guage. ers. sylvania. There are quota holders in Mr. COCHRAN. The comments of the I hear my friends on the other side of New Hampshire, and I am sure they do Senator from Georgia are appreciated the aisle and, frankly, on this side of not grow any peanuts in New Hamp- and his points are well received. We the aisle who support the peanut pro- shire. will review such language that the Sen- gram say: You know, Rick, if you go What we are trying to do here is deal ator provides in conference. after this program, there are thousands with those folks who have sat back and Mr. COVERDELL. The Senator’s of small farmers in my State you will said, ‘‘This looks like a pretty good in- overture is appreciated. destroy, the small- and medium-size vestment. Let’s buy some quota shares AMENDMENT NO. 4995 farmers in my State, if you change the and make a little money on the Fed- (Purpose: To prohibit the use of funds to pro- peanut program. eral Government program.’’ They have vide a total amount of nonrecourse loans I have been sensitive to that. I under- done that. They have done very well to producers for peanuts in excess of stand the rural economy. In many for many years. Now we are going to $125,000) areas where peanuts are grown, there is say, ‘‘Look, you folks, start selling Mr. SANTORUM. Mr. President, I a limited number of crops that can be those quotas back to the small farm- call up amendment No. 4995 and ask for grown. Many areas are impoverished. I ers.’’ its immediate consideration. understand that, and I sympathize with If anything, what this will accom- The PRESIDING OFFICER. The the Members who represent those plish, in my mind, is not to really af- clerk will report. areas. But what we are talking about fect the overall amount of quota pea- The legislative clerk read as follows: here are not small farmers. nuts grown. What it will do is make The Senator from Pennsylvania [Mr. Let me review. I have talked about some of these big barons, quota barons, SANTORUM] proposes an amendment num- this many, many times, and I have sell their quotas to folks who are out bered 4995. talked about the peanut program. But there leasing land right now to grow Mr. SANTORUM. Mr. President, I just let me report to you what a GAO their additional peanuts, which are ask unanimous consent that reading of study reported: That 22 percent of the peanuts that do not get these big, high the amendment be dispensed with. peanut growers in this country receive prices. Imagine. This is the United The PRESIDING OFFICER. Without 85 percent of the quota benefits. What States of America. If you do not have a objection, it is so ordered. does that mean? You have a bunch of quota to grow peanuts, if you do not The amendment is as follows: big farmers who get almost all the ben- have a license from the Federal Gov- efits of this program. At the end of the bill, add the following: ernment to grow peanuts, you cannot What I am doing here is actually a sell your peanuts in this country. This SEC. . LIMITATION ON AMOUNT OF NON- RECOURSE LOANS FOR PEANUTS. very modest change, one I would think, is America. If you do not have a license None of the funds appropriated or other- if Members want to target these funds, from the Federal Government to grow wise made available by this Act may be used target the benefits of the program to peanuts, you cannot sell your peanuts to provide to a producer of a crop of quota the farmers who need it, then they here. peanuts a total amount of nonrecourse loans should be supportive of this. This is I know some may have just tuned in under section 155 of the Agricultural Market one I am hoping we can get some sup- and thought, ‘‘Am I looking at the Rus- Transition Act (7 U.S.C. 7271) in excess of port for. sian Duma?’’ No. This is the U.S. Sen- $125,000. It is an amendment that says that ate, not the Russian Duma. You are Mr. SANTORUM. I thank the Chair. every entity, person, can get up to—are not getting a translation from an in- Mr. President, I am offering an you ready for this?—$125,000 of loan terpreter. My lips actually match the amendment here that I think remedies payments from the Federal Govern- words that I am saying. But, in Amer- a huge inequity in the peanut program ment—$125,000. That means every en- ica this goes on every day. This is a that makes the peanut program, frank- tity can get that much. If you have $6 program that started during the De- ly, different than any of the other tra- million of peanuts to sell, you still get pression. They handed out these quotas ditional commodity programs in exist- $125,000 at the guaranteed quota price, during the Depression, prior to World ence. The other commodity programs but the rest you have to sell on your War II. in existence have a limitation on pay- own. If you are producing $6 million You can imagine who got these ments for a particular entity that worth of peanuts, I would think you quotas. It is no surprise that most of farms that product, that produces that have a pretty good slice of the market the quotas are held by wealthy land- product. Under the freedom to farm and you can probably get a pretty good owners. You had to own your land to act, the limitation per commodity, per price for your peanuts. What we have qualify for a quota. There were a lot of entity—entity can be either a single done here is focus the program in on sharecroppers back then, many of them person or a partnership, corporation or the folks who need it the most. minorities, who did not own their land. whatever—the limitation of a commod- I want to step back and give a little Who were these quotas given to? They ity payment—and for the purposes of bit of the origin of the peanut program, were given to these local associations making it easier on me—per person is to show how it has evolved over the to distribute around to their buddies $40,000. Prior to the freedom to farm years to concentrate more and more of and themselves. It is no shock that a act the limitation was $50,000 per pay- these quotas in the hands of bigger and lot of the unwashed never ended up ment to an entity, to a person. We re- bigger quota holders. I mentioned be- with any quotas. This is a system that, duced it to $40,000 in the freedom to fore who holds 68 percent of these from its origin, is rife with injustice, farm bill. quotas. A quota is the right to grow injustice to the people who grow pea- Now, unlike all of these other com- peanuts and sell them in this country. nuts, injustice to the consumers who modity programs, there is no limita- You get a quota from the Federal Gov- have to pay higher prices as a result. tion on how much Government support ernment. It is passed on from genera- What we are trying to do here is put a peanut quota holder can receive. And tion to generation. They are sold like one little—little—restriction in, to say in fact there are quota holders who re- stocks. It is a right. It is worth some- $125,000 of guaranteed income from the ceive in Government subsidized quota thing. It is worth a lot. It is worth $200 Federal Government of 50 percent more payments $6 million a year —$6 million to $300 a ton, if you are growing pea- than what your peanuts are really in guaranteed income from the Federal nuts. worth is a pretty good deal. Take it. Be Government as a result of the peanut Mr. President, 68 percent of the quota happy. And sell some of those quotas to program. production in this country is held by other people who can use them and We made some reforms in the free- people who do not touch one speck of maybe benefit from them a little bit dom to farm bill. This is one area that dirt. They do not farm a lick. They more. slipped through the noose. What this rent it to somebody else to do it for If I was a Senator from the peanut amendment does—it is a very simple them. These are people who sit in—I States, I would say this is a good amendment. It says we are going to am from Pennsylvania. We have quota amendment because what this will do limit the benefits of the peanut pro- holders in Pennsylvania. We do not is divest a lot of these peanut quotas July 23, 1996 CONGRESSIONAL RECORD — SENATE S8549 and give more people a stake in this ble up these quotas and make money get some money. But the commodity is program. That means more people who out of this Federal program. in loan, and it is designed for farmers want to see this program survive. Now we are going to get this money to use in order that if the price goes There are a lot of people in peanut- out of the boardrooms in Pittsburgh up, then they can make money. It is a growing States who do not have quotas and in Concord and Boston and Paris sort of hedge. The loan program is a who would very much like to see this and all the other places they own these Government program designed to allow program go away. We are giving you an quotas, and get them back into the for generally and, in most of the com- opportunity to say let us get some of hands of the folks who go out everyday modities, for 12 months that it stays in these benefits, if they are going to con- and till that soil and make sure those the loan. During that time, the price tinue. I know the powerful Senator crops are healthy and produce a good may go up and down, and the farmer from Alabama—and I will miss him, I yield. can choose when he wants to sell. It is will miss him as a person, I will not That is the way it should be. If we sort of an aid and assistance, it is not miss him as an adversary on this issue are going to have a program—and I am a payment. because he whips me every time we resigned to the fact that the Senator Payment limitations, as we have it, come to the floor—but I will tell the from Alabama, the Senators from have been in the past, up until this Senator from Alabama that he has an Georgia and the others, have whopped farm bill was passed, a limitation on opportunity here to broaden his coali- me fair and square—but I am saying, if what is known as target prices in a de- tion, to get more folks to participate in we are going to continue this program, ficiency payment, and that is where the quota system because of the limita- let’s continue this program to where it the limitations came in as to how tion on what people can benefit from benefits everyone—all of the small much a farmer could draw relative to a the program. farmers, all of the medium-size farm- deficiency payment. I would think, if you are truly con- ers. For example, in cotton, there was a cerned about small- and medium-size If you folks really believe that is who target price that they hoped a cotton farms, farms of 100 or 200 acres, if you you are representing and you are not farmer might be able to obtain in order really are concerned about those folks, representing the big peanut interests, to be able to meet the cost of produc- then give them a chance here. They the big guys who come down here in tion. As I recall, up until this year, it will be fine under this amendment. force and lobby and the big guys who was 72.9 cents a pound. If the cotton They will not be hurt at all under this are very influential lobbyists, very in- price per pound fell below that price, amendment. They will not be hurt one fluential in the political process in then that deficiency payment paid the bit by this amendment. these States, if that is not who you are difference between the market price I am hopeful that maybe we can get representing, then you will be for this and the target price, but there was a this amendment accepted. It is a amendment. You will be for an amend- limitation in that. change to the peanut program. I know ment that says ‘‘get the big guys out of Loans are different. They are not any nobody likes to change programs. I the big money of big Government and type of limitation relative to that. It is heard the Senator from Idaho come put it back to the little guy who really a different situation. down here and say: You know we have needs the help.’’ Now the farm bill came along and we 7-year farm bills and 5-year farm bills Mr. President, I yield the floor. have a contract price, and there is a for a reason. We do not like to change Mr. HEFLIN addressed the Chair. limitation relative to contract price. and monkey with these programs year The PRESIDING OFFICER. The Sen- But peanuts have never had any defi- by year, and we want to keep the farm ator from Alabama. ciency payments. It has only had a communities stable. Mr. HEFLIN. Mr. President, let me loan; therefore, it is entirely different. I do not think this will have a major say that one aspect of his argument You are mixing apples with oranges impact on the farm communities. I was agreed to in the recently passed here, and, therefore, it is a confusing think what it will do, it will have a farm bill, when he talks about these situation. major impact on small farmers, on people who had quotas and lived in In regard to peanuts and the fact farmers who do not have quotas right Boston and farmed in Alabama. There that he is talking about these people now, who will be able now to go out was a provision in the farm bill where who have these quotas and they do not and have quotas available to them be- production was shifted to the family farm, that is more of the factor of what cause a lot of these wealthy quota bar- farm, and that was one of the accom- is known as tenants or leasing. In re- ons will have to divest themselves of plishments that the Senator from gard to all of the commodities—these all these quotas they hold. Pennsylvania brought about. are based on the Bureau of Census fig- Who are they going to sell them to? He has already brought about several ures—actually there are more farmers They are going to sell them to folks changes in this bill which was in the who farm their land in peanuts than who right now have to sweat, toil as farm bill. The production will shift to there are in wheat, than there are in hard as the folks who get $650 a ton for the family farms. Public entities and soybeans, than there are in cotton. So their peanuts, and they sweat and toil the out-of-State nonproducers are in- that argument relative to that, I for $350 a ton for their peanuts. Now we eligible now for participation in the think, is one that is just misunder- are going to give them a chance at the program. stood and a lot of people misunder- pot at the end of the rainbow that What he was talking about, in giving stand it because of the fact of quotas. Washington has created in this pro- his illustration, he has already accom- In regard to price, this next chart gram. We are going to get the small plished. So that argument, I do not shows the relationship between the and medium-size farmers in Alabama, think, is applicable to this amendment. peanuts and the peanut support price in Georgia, in Mississippi, in Okla- Originally, the amendment had a and the farm value and the retail price homa, in Texas, in New Mexico, all $40,000 figure on it. We figured up at of a 16-ounce jar of peanut butter over over the United States where they 2,500 pounds of production per acre that a period from 1984 to 1992. That is basi- grow, now we are going to have people this would come out to about a farm of cally the same as to the present time. who have heretofore never had the op- about 52 acres, and the national aver- The blue shows the support price. The portunity to enjoy the fruits and bene- age of the peanut farmer is 98 acres. red shows the farm price. And then the fits of this very generous program, to But he then, in effect, by raising it to green here shows the retail price. participate in it. I am hopeful that we 125, has tripled it, which means that Well, note that really that in the can get this amendment accepted. basically he is talking about a farm of loan price, it has always in each of I think this is an amendment that about 156 acres which would be in- these years been lower than the farm probably, contrary to my own good, volved. price that they got on the market. In will broaden the base of support of this The Senator from Pennsylvania con- none of these years has it been where program by including a lot of small fuses payments with a loan. They are the loan rate of where the Government farmers who have heretofore been two separate and distinct things. You is involved in it, with the payment— boxed out by folks who have gobbled put a commodity in loan; therefore, it that could be made in the event that up, used their masses of wealth to gob- is sort of like going to the bank, you the peanuts have defaulted to the loan S8550 CONGRESSIONAL RECORD — SENATE July 23, 1996 to the CCC—but in all of those years, farmers who have a little quota. The supply, in other words, shorting the the price has always been above the point I have tried to make is 22 percent market, keeping the price well above loan rate where he wants to put a limi- of the farmers own 80 percent of the the quota price. Why? Because in the tation in regard to it. So again, that is quota. Sure there are people who have, farm bill we say we want peanuts to be a misunderstanding of the program as you know, a little quota here, a little a no-cost program. We do not want pea- it has occurred over the years relative quota there. But it does not amount to nuts to be put on loan and have the to this. much. This program is stacked with Federal Government buy this crop. Then the argument is made that you the big farmers. That is what ‘‘put on loan’’ means. have to have a license to sell peanuts So he makes these arguments that, That means the quota holder will sell in the domestic market. I think you you know, well, you look at peanuts the peanuts to the Government for find here that this is a chart which and cotton and soybeans and that, you that quota price. shows that we have had a substantial know, peanut farmers are a dispropor- We do not want that to happen. The increase from 1986 now here to 1995 of tionate number of them, more of them only way you can stop that from hap- the number of new farms that receive own the farms that they grow peanuts pening is to control the amount of pea- quotas. on than cotton, soybeans, and the like. nuts that are open. If you short the Farmers have easy access into the What he does not say in the chart— market, prices go up. So the only time peanut program. More than 10,000 new maybe it is true—he does not say that this might—this amendment, as farmers received quotas under the pea- whether those peanut farmers are minor as it is, as limited as it is to the nut program over the last 10 years, quota holders or nonquota holders. number of farmers that we are talking proving the point that the program is Probably a lot of these peanut farm- about—the only time that this could not closed to outsiders. And so we have ers do own their land but they did not even have an impact is if there is a had a situation that has developed over own a quota. He said, well, you know, huge crop of peanuts in excess of what the Secretary thought could be grown the years that has shown that you can there are some restrictions. I know it by the number of quota holders. was an euphemism, but he said there grow peanuts, you can start growing In that case you are talking about a peanuts, you can gain quotas, you can are some restrictions on the domestic lot of farmers who have a lot of prod- do it. And the people that grow peanuts sale of additional peanuts. I will tell uct, who will sell a goodly amount at can sell in the U.S. market. you what those ‘‘some restrictions’’ the quota price. And they have to sell There is, in regard to the national are. You cannot sell them for eatable the rest out on the market and make, eatable market, restrictions relative to use. That is some restriction. I think I suggest, well above what additional that. But as to the other aspects of it, maybe he meant to say that is sum re- farmers are making. So this is an they can be sold. And you do not have striction instead of saying that is some amendment that is fair. to have a license. You can start grow- restriction. Maybe it was the emphasis. This is an amendment that has lim- ing additional peanuts today anywhere But that is a complete restriction. You ited scope with respect to the number you want to. There are many farmers cannot sell them here. You have to sell of people involved and is limited to an that are doing that that have started them overseas. And you have to sell occurrence that is not likely to hap- growing it. them at a heck of a lot less than what pen, given the controls of the Sec- In the new farm bill that we had, the the quota price is. retary of Agriculture over the amount peanut is open to new producers, more He said there are, you know, there of peanuts grown in this country. This so than even in the past. Access to the are no restrictions. Everybody wants truly is an amendment that is more program has been made easier for pro- to go out and plant peanuts. That is principle than it is of tremendous sub- ducers desiring to grow peanuts. So I right. No restrictions. Go out and plant stance. think there is some confusion. peanuts and sell them at $300 a ton, if That is why I was hoping the Senator I think, No. 1, that the Senator from you own quota, at $400 a ton or $700 a from Alabama, who made a lot of argu- Pennsylvania is to be congratulated ton, but there is no restriction to sell ments about the difference between relative to the fact that out-of-State your peanuts for half the price to the loans and deficiency payments—and I people in these nonentities, that are guy next door that has a quota. You understand the difference—that is why public entities, that held it before —he are absolutely right. It is a good deal. deficiency payments were limited to moved and was able, with the help of But I would just suggest that this $50,000 and I put $125,000 as a loan pay- his staff, to get that changed. amendment, which says that every per- ment. It is substantially more. There is But we now find that we are in a situ- son who owns a quota of peanuts can a reason: Because there is a difference. ation where I think there is confusion put on loan up to $125,000 worth of pea- I recognize that difference. I set a limit here, particularly on a payment as op- nuts, and get a price double the world that was a very small percentage of the posed to a loan. They are just two dif- market, that that is a pretty good deal. people who farm peanuts. I wanted to ferent things. He wants to limit the I mean, that is a pretty generous offer. get at the hoi polloi of the peanut ability to use the loan. And what he is How many peanut growers are we growers. We have done that. I think saying, in arguing on all the rest of the talking about? How many would be this is a fair amendment. commodities, they have a payment covered by this amendment? Oh, about Mr. President, I ask unanimous con- limitation on Government payments to 1,900. So 1,900 farmers would be limited sent to set aside amendment 4995. them. So I think there is a distinction as to how much they could put on loan, AMENDMENT NO. 4967 there that has sort of been overlooked a very select few of the tens of thou- (Purpose: To prohibit the use of funds to relative to this. sands, and maybe hundreds of thou- carry out a peanut program that is oper- So we are really talking about small sands of peanut growers in this coun- ated by a marketing association if the Sec- farmers here, when the average peanut try. Talking about 1,900 of the wealthi- retary of Agriculture determines that a member of the Board of Directors of the as- farm in the country is 98 acres. And we est farms. sociation has a conflict of interest with re- are talking about here at the utmost I have made this sound like this is a spect to the program) this would apply to a farm of about 150 dramatic change for those folks who Mr. SANTORUM. I send to the desk acres. And those are not big farmers, are the 1,900 select few. The point of an amendment No. 4967. the people involved in it. They are just fact is, and the Senator from Alabama The PRESIDING OFFICER. Without slightly above what is the average knows this, this is not. This is not a objection, it is so ordered. farmer in this country. I yield the substantial amendment. The Senator The clerk will report. floor. from Alabama, and folks who know The assistant legislative clerk read Mr. SANTORUM addressed the Chair. this issue, realize that the only reason as follows: The PRESIDING OFFICER. The Sen- you would put your peanuts on loan is The Senator from Pennsylvania [Mr. ator from Pennsylvania is recognized. if you could not sell your peanuts for SANTORUM] proposes an amendment num- Mr. SANTORUM. The Senator from more than the quota price. bered 4967. Alabama is a clever man. And he fo- As we know, as a result of the farm Mr. SANTORUM. Mr. President, I cuses in on a number of farmers. I have bill, the Secretary of Agriculture has ask unanimous consent reading of the never said that there are not a lot of an interest in keeping demand above amendment be dispensed with. July 23, 1996 CONGRESSIONAL RECORD — SENATE S8551 The PRESIDING OFFICER. Without Government carrying out this pro- ties pertaining to the operation of the objection, it is so ordered. gram, we will hold you to the same peanut program. The amendment is as follows: standards as someone who would, in In regard to this, it is my under- At the end of the bill, add the following: fact, be a member of the Government standing that the manufacturers are in SEC. . PROHIBITION ON CONFLICTS OF INTER- in administering this program, and the process of having a lawsuit pertain- EST IN PEANUT PRICE SUPPORT that is, you cannot have a conflict of ing to this issue. They have filed a pro- PROGRAM. test letter to the U.S. Department of None of the funds appropriated or other- interest. wise made available by this Act may be used Now, if they are, in fact, vested, as Agriculture, but the issue over the to carry out a peanut program under section they are, with the authority to carry years has been worked out with the co- 155 of the Agricultural Market Transition out this program and have, in fact, the op with the U.S. Department of Agri- Act (7 U.S.C. 7271) or part VI of subtitle B of ministerial duties and other policy- culture in such a manner as to be with- title III of the Agricultural Adjustment Act making duties and other programs re- in the purview of the ethics rules and of 1938 (7 U.S.C. 1357 et seq.) that is operated served to USDA, they should be held to regulations. And therefore the concept by a marketing association if the Secretary the conflict-of-interest standard of a is not a violation of a conflict of inter- of Agriculture determines, using standards est. The associations and co-ops are established to carry out title II of the Ethics USDA employee administering the pro- in Government Act of 1978 (5 U.S.C. App.), gram. closely supervised by the U.S. Depart- that a member of the Board of Directors of I know that sounds like a very radi- ment of Agriculture personnel. They the association has a conflict of interest cal idea. What that will cause is a have extensive in-house audits by Gov- with respect to the program. much more arm’s-length regulation of ernment officials, which are conducted Mr. SANTORUM. This is an amend- this industry than the folks who are each year. It results in cost savings to ment that gets, again, to what I see as running it now, for their benefit. the Government because the operation a group of very influential, wealthy, Maybe you need to look back histori- is contracted out. These are conducted graced quota holders who have been cally how these associations—and they in small towns where the cost is less put in a position to profit extraor- have run them for a long time, and than it would be if operated in Wash- dinarily by this program, and have put maybe this anomaly that has occurred ington. themselves in a position that is, I with a small percentage of the farmers Now, there have been large groups of think, virtually unique in the agri- owning a big percentage of the quotas merchants pertaining to it that have culture industry. is a result of who runs the program. I attempted to bid for these positions Most of the commodity programs, all suggest if we look at these marketing and to qualify to administer the pro- but a couple, have been run histori- associations that run the programs lo- gram, and that has been several years cally by the U.S. Department of Agri- cally, they probably are not a lot of the ago, but they did not qualify pertain- culture. That would make sense. USDA folks who have just a ton or two of ing to this matter. This is a matter has the authority to oversee these pro- quota. They are folks who have the big that if there is any violation or any grams, and, as a result, the USDA has quotas, who have the big interest in conflict of interest, in our judgment, it taken the responsibility of running the this program, and run the program to ought to be determined by the courts program, of operating their loan pro- benefit themselves. rather than by the Congress at this grams or deficiency programs, of carry- That clearly is a conflict of interest. time, because there is a law firm that ing out the price of programs, of penal- This has nothing to do with denying is very much involved. They have al- izing wrongdoers, of promulgating reg- anybody a quota. This has nothing to ready filed some letters, and they cer- ulations—all of that has been done do with, really, reforming the program tainly are in the process of working within the Department of Agriculture, per se. What this is, again, these are themselves into a court case pertaining with the soybean program, the cotton two amendments that I am offering to this matter. But under it, the U.S. program, and a whole lot of other pro- today on peanuts, where I have accept- Department of Agriculture has clearly grams. All of them have been run and ed the fact this program is going to looked at this over the years, and they operated by a bureaucrat out of USDA, continue. We are going to have a pea- do not feel that this is any violation of but not the peanut grower. Not the nut program. I will not mess around any conflict of interest. peanut grower. with it. Like the Senator from Idaho, Mr. SANTORUM. Mr. President, I just say to the Senator from Alabama The Government, USDA, contracts Senator CRAIG said, ‘‘Do not mess with what are called marketing asso- around with these programs; keep that my amendment merely says ciations or cooperatives to administer them in place so we have some cer- if the Secretary of Agriculture determines, the program. What does that mean? using standards established to carry out title tainty.’’ Well, I am for that. If that is II of the Ethics in Government Act of 1978, These are associations—get this—these what happens, that is the way it has to that a member of the Board of Directors of are the people who operate the pro- be, then that is the way it has to be, the association has a conflict of interest gram, who oversee it, penalize wrong- but at least have a program that does with respect to the program. doers, help promulgate regulations for not benefit the wealthy, which is what You say that is something informally the program. And who are the people my first amendment deals with, and, being done. If we have an agreement who compose the marketing associa- No. 2, does not have what appears to be here, I would be happy to move the tions? I will give three guesses—you a blatant, bald-faced conflict of inter- amendment and, hopefully, we can are right, the quota growers. The peo- est between the people who benefit adopt it by consent. ple who participate in the program run from the program who also happen to Mr. HEFLIN. We can consult with the program. be the very same people who operate the Department of Agriculture before Now, some of the skeptics among us and regulate the program. any agreement relative to this matter. might consider that to be a conflict of What I am offering here is an amend- As I understand it, this has been sub- interest, that people who own the ment that, again, I hope, given the na- mitted to them and they have objec- quotas are responsible for overseeing ture of the amendment, we can get an tions to it. the program of which they benefit, of agreement on this and maybe adopt it Mr. SANTORUM. I can’t hear the administering the program of which tonight with little discussion after Senator. they benefit, of promulgating regula- mine. I yield the floor. Mr. HEFLIN. As I understand it, this tions of which they benefit, of punish- Mr. HEFLIN addressed the Chair. has been shown to the Department of ing the wrongdoers among them, of The PRESIDING OFFICER. The Sen- Agriculture, and they have reserva- which they benefit. ator from Alabama. tions pertaining to this. They are in My amendment is a very simple Mr. HEFLIN. There are marketing the process right now of probably be- amendment dealing with conflicts of co-ops. There is the Virginia-Carolina coming involved in a lawsuit. There- interest. My amendment is very peanut growers marketing cooperative fore, they object to it, and because straightforward. It says you have to and the Georgia-Florida-Alabama co- they object to it, I cannot agree to it. comply with the Government standards op, and the Southwest peanut growers Mr. SANTORUM. Mr. President, I for conflict of interest. Since you are co-op, who are allowed under the USDA ask for the yeas and nays on this in a sense an agency of the Federal regulation to enter into various activi- amendment. S8552 CONGRESSIONAL RECORD — SENATE July 23, 1996 The PRESIDING OFFICER. Is there a SEC. . REVIEW AND REPORT ON H–2A NON IMMI- REPORT OF A NOTICE CONCERN- sufficient second? GRANT WORKERS PROGRAM. ING THE CONTINUATION OF THE There is a sufficient second. (a) SENSE OF THE CONGRESS.—It is the sense IRAQI EMERGENCY—MESSAGE of the Congress that the enactment of this The yeas and nays were ordered. Act may impact the future availability of an FROM THE PRESIDENT—PM 164 AMENDMENT NO. 4995 adequate work force for the producers of our The PRESIDING OFFICER laid be- Mr. SANTORUM. I call up amend- Nation’s labor intensive agricultural com- fore the Senate the following message ment No. 4995 and ask for the yeas and modities and livestock. from the President of the United (b) REVIEW.—The Comptroller General nays on that amendment. States, together with an accompanying The PRESIDING OFFICER. Is there a shall review the effectiveness of the H–2A nonimmigrant worker program to ensure report; which was referred to the Com- sufficient second? that the program provides a workable safety mittee on Banking, Housing, and There is a sufficient second. valve in the event of future shortages of do- Urban Affairs. The yeas and nays were ordered. mestic workers after the enactment of this Mr. SANTORUM. I yield the floor to Act. Among other things, the Comptroller To the Congress of the United States: the Senator from Mississippi, so we can General shall review the program to deter- Section 202(d) of the National Emer- all go home. mine— gencies Act (50 U.S.C. 1622(d)) provides (1) that the program ensures that an ade- for the automatic termination of a na- AMENDMENTS NOS. 4979 AND 4980, WITHDRAWN quate supply of qualified United States tional emergency unless, prior to the Mr. COCHRAN. Earlier tonight, the workers is available at the time and place anniversary date of its declaration, the Senate adopted two amendments of- needed for employers seeking such workers President publishes in the Federal Reg- fered by the Senator from Nebraska, after the date of enactment of this Act; ister and transmits to the Congress a Mr. KERREY. These were modifications (2) that the program ensures that there is notice stating that the emergency is to of previous amendments that he had timely approval of applications for tem- continue in effect beyond the anniver- filed and were at the desk. porary foreign workers under the H–2A non- sary date. In accordance with this pro- I, therefore, ask unanimous consent immigrant worker program in the event of shortages of United States workers after the vision, I have sent the enclosed notice, to withdraw amendments Nos. 4979 and date of enactment of this Act; stating that the Iraqi emergency is to 4980, offered previously by the Senator (3) that the program ensures that imple- continue in effect beyond August 2, from Nebraska, Senator KERREY. mentation of the H–2A nonimmigrant worker 1996, to the Federal Register for publica- The PRESIDING OFFICER. Without program is not displacing United States agri- tion. objection, it is so ordered. cultural workers or diminishing the terms The crisis between the United States The amendments (Nos. 4979 and 4980) and conditions of employment of United and Iraq that led to the declaration on were withdrawn. States agricultural workers; and (4) if and to what extent the H–2A non- August 2, 1990, of a national emergency Mr. COCHRAN. Mr. President, there immigrant worker program is contributing has not been resolved. The Government have been cleared two additional to the problem of illegal immigration. of Iraq continues to engage in activi- amendments—one we offered earlier (c) REPORT.— Not later than December 31, ties inimical to stability in the Middle and had withdrawn, and another 1996, or three months after the date of enact- East and hostile to United States in- amendment. ment of this Act, whichever is sooner, the terests in the region. Such Iraqi ac- I will send one up on behalf of Mr. Comptroller General shall submit a report to tions pose a continuing unusual and ex- SMITH of New Hampshire, dealing with Congress setting forth the findings of the re- traordinary threat to the national se- rural utilities assistance program, and view conducted under subsection (b); (d) DEFINITIONS.—As used in this section— curity and vital foreign policy inter- the other offered on behalf of the Sen- (1) the term ‘‘Comptroller General’’ means ests of the United States. For these ator from Idaho, Mr. CRAIG, and others. the Comptroller General of the United reasons, I have determined that it is AMENDMENTS NOS. 5000 AND 5001, EN BLOC States; and necessary to maintain in force the (2) the term ‘‘H–2A nonimmigrant worker Mr. COCHRAN. Mr. President, I send broad authorities necessary to apply two amendments to the desk, en bloc, program’’ means the program for the admis- sion of nonimmigrant aliens described in sec- economic pressure on the Government and ask for their immediate consider- tion 101(a)(15)(H)(ii)(a) of the Immigration of Iraq. ation. and Nationality Act. WILLIAM J. CLINTON. The PRESIDING OFFICER. The Mr. COCHRAN. Mr. President, I am THE WHITE HOUSE, July 22, 1996. clerk will report. authorized to announce to the Senate f The assistant legislative clerk read on behalf of the Senator from Arkansas as follows: that these two amendments have been MESSAGES FROM THE HOUSE The Senator from Mississippi [Mr. COCH- cleared on both sides of the aisle. At 11:22 a.m., a message from the RAN] proposes amendments numbered 5000 The PRESIDING OFFICER. If there and 5001, en bloc. House of Representatives, delivered by is no further debate, without objection, Mr. Hays, one of its reading clerks, an- Mr. COCHRAN. Mr. President, I ask the amendments are agreed to. nounced that the House has passed the unanimous consent that reading of the The amendments (No. 5000 and No. following bills, in which it requests the amendments be dispensed with. 5001) were agreed to. concurrence of the Senate: The PRESIDING OFFICER. Without Mr. COCHRAN. Mr. President, I move H.R. 3159. An act to amend title 49, United objection, it is so ordered. to reconsider the vote, and I move to States Code, to authorize appropriations for The amendments are as follows: lay that motion on the table. fiscal years 1997, 1998, and 1999 for the Na- AMENDMENT NO. 5000 The motion to lay on the table was tional Transportation Safety Board, and for (Purpose: To provide that the town of Berlin, agreed to. other purposes. New Hampshire, shall be eligible during f H.R. 3267. An act to amend title 49, United fiscal year 1997 for a grant under the rural States Code, to prohibit individuals who do utilities assistance program) MORNING BUSINESS not hold a valid private pilots certificate from manipulating the controls of aircraft in On page 47, line 17, before the period, insert (During today’s session of the Sen- an attempt to set a record or engage in an the following: ‘‘: Provided further, That, not- ate, the following business was trans- aeronautical competition or aeronautical withstanding section 306(a)(7) of the Consoli- acted.) feat, and for other purposes. dated Farm and Rural Development Act (7 f H.R. 3536. An act to amend title 49, United U.S.C. 1926(a)(7)), the town of Berlin, New States Code, to require an air carrier to re- Hampshire, shall be eligible during fiscal THE VERY BAD DEBT BOXSCORE quest and receive certain records before al- year 1997 for a grant under the rural utilities lowing an individual to begin service as a assistance program’’. Mr. HELMS. Mr. President, at the close of business yesterday, Monday, pilot, and for other purposes. H.R. 3665. An act to transfer to the Sec- AMENDMENT NO. 5001 July 22, the Federal debt stood at $5,169,928,910,388.19. retary of Agriculture the authority to con- (Purpose: To require a review and report on duct the census of agriculture. the H–2A non immigrant worker program) On a per capita basis, every man, H.R. 3845. An act making appropriations At the end of the matter proposed to be in- woman, and child in America owes for the government of the District of Colum- serted by the amendment, insert the follow- $19,483.10 as his or her share of that bia and other activities chargeable in whole ing: debt. or in part against revenues of said District July 23, 1996 CONGRESSIONAL RECORD — SENATE S8553 for the fiscal year ending September 30, 1997, to the President of the United States, in the nature of a substitute and an amend- and for other purposes. the following enrolled bills: ment to the title: S. 88. A bill to increase the overall econ- ENROLLED BILLS SIGNED S. 966. An act for relief of Nathan C. Vance, omy and efficiency of Government oper- The message also announced that the and for other purposes. ations and enable more efficient use of Fed- Speaker has signed the following bills: S. 1899. An act entitled the Mollie Beattie eral funding, by enabling local governments H.R. 3161. An act to authorize the exten- Wilderness Area Act. and private, nonprofit organizations to use sion of nondiscriminatory treatment (most- f amounts available under certain Federal as- favored-nation treatment) to the products of sistance programs in accordance with ap- Romania. EXECUTIVE AND OTHER H.R. 497. An act to create the National proved local flexibility plans (Rept. No. 104– Gambling Impact and Policy Commission. COMMUNICATIONS 331). The following communications were f At 2:02 p.m., a message from the laid before the Senate, together with House of Representatives, delivered by INTRODUCTION OF BILLS AND accompanying papers, reports, and doc- JOINT RESOLUTIONS Mr. Hays, one of its reading clerks, an- uments, which were referred as indi- nounced that the House agrees to the cated: The following bills and joint resolu- amendment of the Senate to the bill tions were introduced, read the first EC–3514. A communication from the Ad- (H.R. 3107) to impose sanctions on per- ministrator of the Agricultural Marketing and second time by unanimous con- sons making certain investments di- Service, Department of Agriculture, trans- sent, and referred as indicated: rectly and significantly contributing to mitting, pursuant to law, the report of a rule By Mr. HOLLINGS (for himself, Mr. the enhancement of the ability of Iran entitled ‘‘United States Standards for Grades THURMOND, Mr. ROBB, Mr. WARNER, or Libya to develop its petroleum re- of Frozen Green and Frozen Wax Beans,’’ re- Mr. ROCKEFELLER, Mr. D’AMATO, Mr. sources, and on persons exporting cer- ceived on July 19, 1996; to the Committee on HELMS, Mr. FAIRCLOTH, Mr. COHEN, tain items that enhance Libya’s weap- Agriculture, Nutrition, and Forestry. Ms. SNOWE, Mr. CAMPBELL, and Mr. ons or aviation capabilities or enhance EC–3515. A communication from the Ad- FORD): Libya’s ability to develop its petro- ministrator of the Agricultural Marketing S. 1982. A bill to provide a remedy to dam- leum resources, and for other purposes. Service, Department of Agriculture, trans- aging imports of men’s and boys’ tailored mitting, pursuant to law, the report of a rule wool apparel assembled in Canada from third At 4:54 p.m., a message from the entitled ‘‘Oranges and Grapefruit Grown in country fabric and imported at preferential House of Representatives, delivered by the Lower Rio Grande Valley in Texas,’’ re- tariff rates; to the Committee on Finance. Mr. Hays, and one of its reading clerks, ceived on July 22, 1996; to the Committee on By Mr. INOUYE (for himself, Mr. Agriculture, Nutrition, and Forestry. MCCAIN, and Mr. AKAKA): announced that the House has passed EC–3516. A communication from the Ad- S. 1983. A bill to amend the Native Amer- the following bill, in which it requests ministrator of the Agricultural Marketing ican Graves Protection and Repatriation Act the concurrence of the Senate: Service, Department of Agriculture, trans- to provide for Native Hawaiian organiza- H.R. 1627. An act to amend the Federal In- mitting, pursuant to law, the report of a rule tions, and for other purposes; to the Commit- secticide, Fungicide, and Rodenticide Act entitled ‘‘Nectarines and Peaches Grown in tee on Indian Affairs. and the Federal Food, Drug, and Cosmetic California,’’ received on July 22, 1996; to the f Act, and for other purposes. Committee on Agriculture, Nutrition, and f Forestry. STATEMENTS ON INTRODUCED EC–3517. A communication from the Ad- BILLS AND JOINT RESOLUTIONS MEASURES REFERRED ministrator of the Agricultural Marketing By Mr. HOLLINGS (for himself, Mr. THUR- Service, Department of Agriculture, trans- The following bills were read the first MOND, Mr. ROBB, Mr. WARNER, Mr. ROCKE- mitting, pursuant to law, the report of a rule and second times by unanimous con- FELLER, Mr. D’AMATO, Mr. HELMS, Mr. entitled ‘‘Tobacco Inspection,’’ received on sent and referred as indicated: FAIRCLOTH, Mr. COHEN, Ms. SNOWE, Mr. July 19, 1996; to the Committee on Agri- H.R. 3267. An act to amend title 49, United CAMPBELL, and Mr. FORD): culture, Nutrition, and Forestry. States Code, to prohibit individuals who do EC–3518. A communication from the Gen- S. 1982. A bill to provide a remedy to not hold a valid private pilots certificate eral Counsel of the Department of Housing damaging imports of men’s and boys’ from manipulating the controls of aircraft in and Urban Development, transmitting, pur- tailored wool apparel assembled in an attempt to set a record or engage in an suant to law, the report of nine rules includ- aeronautical competition or aeronautical Canada from third country fabric and feat, and for other purposes; to the Commit- ing a rule entitled ‘‘The Public Housing Man- imported at preferential tariff rates; to tee on Commerce, Science, and Transpor- agement Assessment Program,’’ (FR4048, the Committee on Finance. 3567, 3970, 3447, 3977, 3331, 3957, 3902, 4069) re- tation. THE EMERGENCY SAFEGUARD ACT OF 1996 ceived on July 19, 1996; to the Committee on H.R. 3536. An act to amend title 49, United Mr. HOLLINGS. Mr. President, I rise States Code, to require an air carrier to re- Banking, Housing, and Urban Affairs. today to introduce legislation to cor- quest and receive certain records before al- f lowing an individual to begin service as a rect a grievous error committed by pilot, and for other purposes; to the Commit- REPORTS OF COMMITTEES U.S. negotiations in the final hours of tee on Commerce, Science, and Transpor- The following reports of committees the NAFTA negotiations. This error tation. were submitted: has ripped apart the social fabric of H.R. 3845. An act making appropriations dozens of communities as factory after for the government of the District of Colum- By Mr. JEFFORDS, from the Committee factory in the wool and wool apparel bia and other activities chargeable in whole on Appropriations, with amendments: or in part against revenues of said District H.R. 3845. A bill making appropriations for industry have shut their doors. Let me for the fiscal year ending September 30, 1997, the government of the District of Columbia state for the record that I supported and for other purposes; to the Committee on and other activities chargeable in whole or the Canadian Free-Trade Agreement, Appropriations. in part against revenues of said District for but I was a vigorous opponent of the f the fiscal year ending September 30, 1997, and North American Free-Trade Agree- for other purposes (Rept. No. 104–328). ment. The bill I introduced today is MEASURES PLACED ON THE By Mr. HATFIELD, from the Committee not aimed at scuttling the NAFTA. At CALENDAR on Appropriations: another time I will debate the merits The following measure was read the Special Report entitled ‘‘Revised Alloca- tion to Subcommittees of Budget Totals of the NAFTA. Instead the bill is de- first and second times by unanimous signed to close a loophole in the consent and placed on the calendar: from the Concurrent Resolution for Fiscal Year 1997’’ (Rept. No. 104–329). NAFTA that has exposed the wool and H.R. 3159. An act to amend title 49, United By Mr. SHELBY, from the Committee on wool apparel industry to a tidal wave States Code, to authorize appropriations for Appropriations, with amendments: of Canadian imports and has left the fiscal years 1997, 1998, and 1999 for the Na- H.R. 3756. A bill making appropriations for industry without a fundamental right tional Transportation Safety Board, and for the Treasury Department, the United States other purposes. to impose a safeguard against import Postal Service, the Executive Office of the surges. How this industry lost its right f President, and certain Independent Agencies, to impose a safeguard is one of the ENROLLED BILLS PRESENTED for the fiscal year ending September 30, 1997, and for other purposes (Rept. No. 104–330). tragic stories in the history of trade The Secretary of the Senate reported By Mr. STEVENS, from the Committee on agreements. In the wee hours of the that on July 18, 1996 he had presented Governmental Affairs, with an amendment morning our negotiators bargained S8554 CONGRESSIONAL RECORD — SENATE July 23, 1996 away the wool and wool apparel indus- cosponsor of the Emergency Safeguard Under normal circumstances, when try in order to secure the Canadians Act of 1996, and call on the Congress to you have an import surge of this sort, agreement to several provisions of the move this bill with great haste. This is and obvious harm is being done to a do- NAFTA. Mr. President the NAFTA con- vitally important to over 600 employ- mestic, American industry, the Amer- tains a rule of origin for textile prod- ees of Corbin Limited in West Virginia, ican companies and its workers can ucts that was supposed to benefit and who are facing an unprecedented threat seek relief. They can take action under encourage production in North Amer- from a surge in imports of wool suits the trade laws to stem the surge, and ica. A special tariff preference level from Canada. get remedies from unfair and injurious was established for fabrics that were in Those of us who opposed the North trade. You can do this in every area we short supply or unavailable. A gentle- American Free-Trade Agreement trade in but one, textile and apparel man’s agreement was reached that the [NAFTA] did not want to find ourselves from Canada. In fact, if these very products coming in under the TPL with situations like this, but we cer- same imports were from Mexico in- would be spread out over a broad range tainly feared they would occur. In this stead of Canada, the United States in- of product categories. Instead, the Ca- case, decisive action is now needed to dustry and its workers could petition nadians have flooded the United States stand up for American workers and in- the United States Government for a market in one product category, wool dustries facing an unfair threat. safeguard to prevent serious injury. suits. These suits which have been Three years ago, when explaining my That is why this legislation is need- dumped into the U.S. market are not vote against the NAFTA, I pointed to ed, and needed in a hurry. When I op- made of North American fabric, which the disparities between the economies posed the NAFTA I was afraid this is readily available. Instead these suits of Canada, the United States, and Mex- kind of thing would happen. We may are made of fabric produced in China, ico, as a primary reason for opposing not be able to rewrite history and undo Turkey, and Italy. The last I checked, the trade agreement. At that time, I the NAFTA, but we can take reason- these countries are not in North Amer- did not think it was right to ask West able steps to stem the hemorrhaging. I ica. Virginia and other States with fragile know the calendar shows very few days Since 1988 as a result of the abuse of economies to absorb the brunt of forced in which this body will be conducting the TPL, production of wool suits has integration with Mexico. I was particu- legislative work, but I hope the major- declined by 40 percent. Dozens of com- larly concerned that workers in our ity leader will work with us to make panies have suffered losses, layed off labor intensive industries would face a this into law before even more harm is employees, or in some cases declared considerable threat from much lower done. bankruptcy. Grief, the third largest wage Mexican workers. This Senator counts the creation of manufacturer of suits in the United Since that time, in the last 2-plus new and better paying jobs for the peo- States, was forced to close plants in years, many of my concerns have ple of West Virginia as one of the most Virginia and Pennsylvania. Over 1,300 proved well founded. Certainly, last important things he can do to help im- workers have lost their jobs. The 500 year’s bailout of the Mexican peso is prove the way of life of the good people Fashion group, makers of Botany 500, the most conspicuous evidence of prob- of his State. But just as important is announced that it will close two plants lems raised by the NAFTA, but today I maintaining the jobs we already have. in Pennsylvania and one plant in Flor- am here for a wholly different reason. This legislation is necessary, and ida. Over 1,000 people are now without Today, I am forced to discuss a prob- should be passed. work. lem with our neighbors to the North— Mr. THURMOND. Mr. President, I Plaid, the second largest manufac- specifically to textile manufacturers in rise today to join with my colleague turer of suits, was forced into bank- Canada. from South Carolina, Senator HOL- ruptcy. Plants were closed in Georgia, During consideration of the NAFTA, LINGS, and several others Senators to Maryland, Delaware, and Pennsylva- a provision was inserted at the last sponsor the Emergency Safeguard Act nia, and 1,500 jobs were eliminated. The minute which allowed Canadian manu- of 1996. This legislation corrects a loop- same sad story can be told in the fabric facturers to import fabrics from third hole created by the passage of NAFTA industry. Frostman Co., the second countries nearly duty free—compared that has allowed Canadian suit makers largest producer of wool fabric, was with the 36 percent duties that we an unfair advantage in the United forced into bankruptcy. Burlington In- pay—and then export finished gar- States marketplace. Currently, over dustries, the largest producer of wool ments to the United States regardless 140,000 people are employed in the tex- fabric, has suffered a 30-percent drop in of the harm they might do to American tile and apparel industry in South its menswear wool fabric, business and industry and workers. Carolina. Several thousand of these laid off over 1,000 employees. Specifically, the provision precluded jobs supply or manufacture men’s and What recourse do these companies taking what are known as ‘‘safeguard’’ boys’ wool suits, sport coats, and have? Can they, like every other indus- measures under the NAFTA for wool slacks. These jobs are in jeopardy due try in America turn to their Govern- apparel exported to the United States in part to a manipulation of the tariff ment to seek relief? No, that option under the tariff preference levels estab- preference level [TPL] by Canada. was dealt away in the dark of night. So lished during the Canada-United States The TPL, which was established the bill I introduce will correct that Free-Trade Agreement. At that time, under the Canadian Free-Trade Agree- situation. It directs the United States the Canadians assured our negotiators ment, was originally designed to allow Trade Representative to negotiate an that this loophole was needed simply special trade benefits to wool products agreement with the Canadians. The bill to protect the existing levels of exports made in Canada from foreign wool fab- would permit Canada to maintain the of various categories of low cost wool ric when that fabric could not be same overall level of wool apparel ex- products; things such as caps, sweaters, sourced in either Canada or the United ports to the United States while at the knits and socks. At that time, 10 per- States. However, Canada has begun same time preventing serious injury to cent of Canadian wool exports were sourcing wool fabric from other coun- the United States industry by adjust- high end products such as suits. tries, despite the fact that fabric is ing the distribution among different However, Mr. President, since the available from NAFTA countries. Can- product lines. If the Canadians fail to NAFTA went into effect, nearly all Ca- ada has been importing fabric from come to an agreement the bill requires nadian wool exports have been suits, Turkey, Italy, China, and Korea to that the President apply MFN duty and of that, virtually all of them are make items which are shipped into the rates to all wool apparel TPL imports coming from one Canadian company. United States under the favorable from Canada as of March 1, 1997. Mr. Contrary to the stated intention of the NAFTA tariffs. President the men and women were un- negotiators, suits now account for 90 Canada has seized on the TPL loop- fortunate pawns in an international ne- percent of Canada’s wool exports, in- hole to specifically target and flood the gotiation. It’s time we stood with them stead of 10 percent when the deal was United States market with men’s and and gave them there rights back and made. This has done grievous harm to boys’ tailored wool apparel. The import protect their jobs. American suit manufacturers, who surges are causing layoffs and is put- Mr. ROCKEFELLER. Mr. President, I were blindsided by this shift in Cana- ting the future of the domestic wool join Senator HOLLINGS and others as a dian export patterns. apparel industry in jeopardy. July 23, 1996 CONGRESSIONAL RECORD — SENATE S8555

Mr. President, this legislation would Hui Malama I Na Kupuna O Hawaii ginia [Mr. ROCKEFELLER] and the Sen- place a reasonable sublimit on tailored Nei, a Hawaiian organization recog- ator from South Carolina [Mr. HOL- wool apparel exported through the TPL nized under the act, for a December 9, LINGS] were added as cosponsors of S. to the United States by Canada. The 1995, oversight hearing on the act, a 1118, a bill to amend title XVIII of the size of the TPL would not change, but number of concerns were raised—con- Social Security Act to provide for cov- Canada would be prohibited from using cerns which this bill seeks to address, erage of bone mass measurements for it in a damaging way. This language is namely—the lack of written consent certain individuals under part B of the necessary because NAFTA eliminated where native American remains are ex- medicare program. the safeguard for U.S. industries to cavated or removed for purposes of S. 1554 prevent injurious imports from flood- study; following an inadvertent discov- At the request of Mr. COCHRAN, the ing the U.S. market. Due to NAFTA, ery of remains, the lack of assurances name of the Senator from Idaho [Mr. the domestic apparel industry has no that the removal of native American CRAIG] was added as a cosponsor of S. recourse in stemming the damage remains will adhere to the same re- 1554, a bill to amend the Fair Labor caused by Canada while all other indus- quirements as an intentional exca- Standards Act of 1938 to clarify the ex- tries have this protection. Therefore, vation; and the lack of notification to emption for houseparents from the legislation is needed to correct this in- native Hawaiian organizations when minimum wage and maximum hours equity. inadvertent discoveries are made of na- requirements of that Act, and for other Mr. President, I hope this measure tive American human remains on Fed- purposes. can be expeditiously considered to eral lands. S. 1694 bring relief to the domestic textile and As one of the original sponsors of the At the request of Ms. SNOWE, the apparel industry. act, it is my view that the amendments which I propose are consistent with the name of the Senator from Illinois [Mr. By Mr. INOUYE (for himself, Mr. original purpose, spirit, and intent of SIMON] was added as a cosponsor of S. MCCAIN and Mr. AKAKA): NAGPRA, and are necessary to clarify 1694, a bill to prohibit insurance pro- S. 1983. A bill to amend the Native the existing law. viders from denying or canceling American Graves Protection and Repa- It is my expectation that, if adopted, health insurance coverage, or varying triation Act to provide for native Ha- these amendments will ensure better the premiums, terms, or conditions for waiian organizations, and for other cooperation by Federal agencies in the health insurance coverage on the basis purposes; to the Committee on Indian implementation of the act in the State of genetic information or a request for Affairs. of Hawaii. genetic services, and for other pur- THE NATIVE AMERICAN GRAVES PROTECTION The responsibility born by those who poses. AND REPATRIATION ACT AMENDMENT ACT OF 1996 choose, or who are called upon to care S. 1740 Mr. INOUYE. Mr. President, I rise for the remains of their ancestors is a At the request of Mr. NICKLES, the today to introduce a bill, cosponsored heavy one. names of the Senator from Michigan by Senators MCCAIN and AKAKA, which By acting favorably on this measure, [Mr. ABRAHAM], the Senator from Colo- would amend the Native American I hope that we can assist these individ- rado [Mr. BROWN], the Senator from Graves Protection and Repatriation uals and organizations as they con- Alaska [Mr. STEVENS], and the Senator Act to clarify certain provisions of tinue in their efforts to bring their an- from Texas [Mr. GRAMM] were added as that act as they pertain to native ha- cestors home. cosponsors of S. 1740, a bill to define waiian organizations. Mr. President, I thank you for this and protect the institution of mar- In 1990, the Congress enacted the na- time today, and I urge my colleagues riage. tive American Graves Protection and to support this bill when it comes be- S. 1830 fore the Senate for consideration. Repatriation Act [NAGPRA] to address At the request of Mr. BROWN, the the growing concern among Indian f name of the Senator from Alaska [Mr. tribes, Alaska Native villages, and na- ADDITIONAL COSPONSORS STEVENS] was added as a cosponsor of tive Hawaiian organizations associated S. 1830, a bill to amend the NATO Par- S. 297 with the disposition of thousands of na- ticipation Act of 1994 to expedite the tive American human remains and reli- At the request of Mr. ROCKEFELLER, the name of the Senator from Massa- transition to full membership in the gious objects currently in the posses- North Atlantic Treaty Organization of chusetts [Mr. KERRY] was added as a sion of museums and Federal agencies. emerging democracies in Central and The act requires museums and Fed- cosponsor of S. 297, a bill to amend the Internal Revenue Code of 1986 to clarify Eastern Europe. eral agencies in the possession of such S. 1832 cultural items to compile inventories the exclusion from gross income for veterans’ benefits. At the request of Ms. MIKULSKI, the and written summaries of human re- names of the Senator from Connecticut mains, associated and unassociated fu- S. 684 [Mr. LIEBERMAN], the Senator from nerary objects, sacred objects, and ob- At the request of Mr. HATFIELD, the Mississippi [Mr. COCHRAN], and the jects of cultural patrimony. names of the Senator from Idaho [Mr. Senator from Mississippi [Mr. LOTT] The act further establishes a process CRAIG], the Senator from Colorado [Mr. were added as cosponsors of S. 1832, a governing the repatriation of such CAMPBELL], and the Senator from Illi- bill to amend title II of the Social Se- items to appropriate Indian tribes or nois [Ms. MOSELEY-BRAUN] were added curity Act to provide that a monthly native Hawaiian organizations. as cosponsors of S. 684, a bill to amend In the years since its enactment, na- the Public Health Service Act to pro- insurance benefit thereunder shall be tive Hawaiians have been at the fore- vide for programs of research regarding paid for the month in which the recipi- front in the repatriation of ancestral Parkinson’s disease, and for other pur- ent dies, subject to a reduction of 50 remains. poses. percent if the recipient dies during the Hundreds of native Hawaiian kupuna S. 969 first 15 days of such month, and for (ancestors) have been returned to Ha- At the request of Mr. BRADLEY, the other purposes. waii —released from the confines of names of the Senator from Pennsylva- S. 1867 over twenty museums in the United nia [Mr. SPECTER], the Senator from At the request of Mr. HARKIN, his States, Canada, Switzerland, and Aus- Maine [Mr. COHEN], and the Senator name was added as a cosponsor of S. tralia —and returned to the lands of from Oklahoma [Mr. INHOFE] were 1867, a bill to restore the American their birth. added as cosponsors of S. 969, a bill to family, enhance support and work op- Despite these accomplishments, na- require that health plans provide cov- portunities for families with children, tive Hawaiian organizations have expe- erage for a minimum hospital stay for reduce out-of-wedlock pregnancies, re- rienced great difficulty in ensuring the a mother and child following the birth duce welfare dependence, and control act’s implementation—ironically, not of the child, and for other purposes. welfare spending. abroad—but in Hawaii. S. 1118 S. 1873 In written testimony submitted to At the request of Ms. SNOWE, the At the request of Mr. INHOFE, the the Committee on Indian Affairs by names of the Senator from West Vir- names of the Senator from Montana S8556 CONGRESSIONAL RECORD — SENATE July 23, 1996

[Mr. BAUCUS] and the Senator from 3603, a bill making appropriations for ‘‘Sec. 506. Nuclear Regulatory Commission Florida [Mr. GRAHAM] were added as Agriculture, Rural Development, Food training authority. cosponsors of S. 1873, a bill to amend and Drug Administration, and Related ‘‘Sec. 507. Emplacement schedule. the National Environmental Education Agencies programs for the fiscal year ‘‘Sec. 508. Transfer of title. ‘‘Sec. 509. Decommissioning pilot program. Act to extend the programs under the ending September 30, 1997, and for ‘‘Sec. 510. Water rights. Act, and for other purposes. other purposes. ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL S. 1879 AMENDMENT NO. 4979 REVIEW BOARD At the request of Mr. MOYNIHAN, the At the request of Mr. BUMPERS the ‘‘Sec. 601. Definitions. name of the Senator from Florida [Mr. name of the Senator from Iowa [Mr. ‘‘Sec. 602. Nuclear Waste Technical Review GRAHAM] was added as a cosponsor of S. HARKIN] was added as a cosponsor of Board. 1879, a bill to amend the Internal Reve- amendment No. 4979 proposed to H.R. ‘‘Sec. 603. Functions. nue Code of 1986 to provide for 501(c)(3) 3603, a bill making appropriations for ‘‘Sec. 604. Investigatory powers. bonds a tax treatment similar to gov- Agriculture, Rural Development, Food ‘‘Sec. 605. Compensation of members. ernmental bonds, and for other pur- and Drug Administration, and Related ‘‘Sec. 606. Staff. ‘‘Sec. 607. Support services. poses. Agencies programs for the fiscal year ‘‘Sec. 608. Report. S. 1885 ending September 30, 1997, and for ‘‘Sec. 609. Authorization of appropriations. At the request of Mr. INHOFE, the other purposes. ‘‘Sec. 610. Termination of the board. names of the Senator from Illinois [Mr. f ‘‘TITLE VII—MANAGEMENT REFORM SIMON], the Senator from New Jersey AMENDMENTS SUBMITTED ‘‘Sec. 701. Management reform initatives. [Mr. BRADLEY], and the Senator from ‘‘Sec. 702. Reporting. Wyoming [Mr. THOMAS] were added as ‘‘Sec. 703. Effective date. cosponsors of S. 1885, a bill to limit the THE NUCLEAR WASTE POLICY ACT ‘‘SEC. 2. DEFINITIONS. liability of certain nonprofit organiza- OF 1996 ‘‘For purposes of this Act: tions that are providers of prosthetic ‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘ac- devices, and for other purposes. cept’ and ‘acceptance’ mean the Secretary’s act of taking possession of spent nuclear fuel S. 1892 MURKOWSKI AMENDMENTS NOS. 4984–4985 or high-level radioactive waste. At the request of Mr. LAUTENBERG, ‘‘(2) AFFECTED INDIAN TRIBE.—The term ‘af- the name of the Senator from Oregon (Ordered to lie on the table.) fected Indian tribe’ means any Indian tribe— [Mr. HATFIELD] was added as a cospon- Mr. MURKOWSKI submitted two ‘‘(A) whose reservation is surrounded by or sor of S. 1892, a bill to reward States amendments intended to be proposed borders an affected unit of local government, for collecting medicaid funds expended by him to the bill (S. 1936) to amend or on tobacco-related illnesses, and for the Nuclear Waste Policy Act of 1982; ‘‘(B) whose federally defined possessory or other purposes. usage rights to other lands outside of the as follows: reservation’s boundaries arising out of con- S. 1925 AMENDMENT NO. 4984 gressionally ratified treaties may be sub- At the request of Mr. GORTON, the Strike all after the first word of the lan- stantially and adversely affected by the lo- name of the Senator from Colorado guage proposed to be inserted and insert in cating of an interim storage facility or a re- [Mr. BROWN] was added as a cosponsor lieu thereof the following: ‘‘the Nuclear pository if the Secretary of the Interior of S. 1925, a bill to amend the National Waste Policy Act of 1982 is amended to read finds, upon the petition of the appropriate Labor Relations Act to protect em- as follows: governmental officials of the tribe, that such effects are both substantial and adverse to ployer rights, and for other purposes. ‘‘SECTION 1. SHORT TITLE AND TABLE OF CON- TENTS. the tribe. S. 1965 ‘‘(3) AFFECTED UNIT OF LOCAL GOVERN- ‘‘(a) SHORT TITLE.—This Act may be cited MENT.—The term ‘affected unit of local gov- At the request of Mr. HATCH, the as the ‘Nuclear Waste Policy Act of 1996’. ernment’ means the unit of local government name of the Senator from Arizona [Mr. ‘‘(b) TABLE OF CONTENTS.— with jurisdiction over the site of a repository MCCAIN] was added as a cosponsor of S. ‘‘Sec. 1. Short title and table of contents. or interim storage facility. Such term may, 1965, a bill to prevent the illegal manu- ‘‘Sec. 2. Definitions. at the discretion of the Secretary, include facturing and use of methamphet- ‘‘TITLE I—OBLIGATIONS other units of local government that are con- amine. ‘‘Sec. 101. Obligations of the Secretary of tiguous with such unit. AMENDMENT NO. 4939 Energy. ‘‘(4) ATOMIC ENERGY DEFENSE ACTIVITY.— At the request of Mr. SHELBY the ‘‘TITLE II—INTEGRATED MANAGEMENT The term ‘atomic energy defense activity’ names of the Senator from Michigan SYSTEM means any activity of the Secretary per- formed in whole or in part in carrying out [Mr. ABRAHAM] and the Senator from ‘‘Sec. 201. Intermodal transfer. any of the following functions: ‘‘Sec. 202. Transportation planning. New York [Mr. D’AMATO] were added as ‘‘(A) Naval reactors development. ‘‘Sec. 203. Transportation requirements. cosponsors of amendment No. 4939 pro- ‘‘(B) Weapons activities including defense ‘‘Sec. 204. Interim storage. posed to S. 1956, an original bill to pro- inertial confinement fusion. ‘‘Sec. 205. Permanent repository. vide for reconciliation pursuant to sec- ‘‘(C) Verification and control technology. ‘‘Sec. 206. Land withdrawal. tion 202(a) of the concurrent resolution ‘‘(D) Defense nuclear materials production. on the budget for fiscal year 1997. ‘‘TITLE III—LOCAL RELATIONS ‘‘(E) Defense nuclear waste and materials ‘‘Sec. 301. Financial assistance. byproducts management. AMENDMENT NO. 4971 ‘‘Sec. 302. On-site representative. ‘‘(F) Defense nuclear materials security At the request of Mr. CRAIG the ‘‘Sec. 303. Acceptance of benefits. and safeguards and security investigations. names of the Senator from Oregon [Mr. ‘‘Sec. 304. Restrictions on use of funds. ‘‘(G) Defense research and development. WYDEN], the Senator from North Caro- ‘‘Sec. 305. Land conveyances. ‘‘(5) CIVILIAN NUCLEAR POWER REACTOR.— lina [Mr. HELMS], and the Senator from ‘‘TITLE IV—FUNDING AND The term ‘civilian nuclear power reactor’ Vermont [Mr. LEAHY] were added as co- ORGANIZATION means a civilian nuclear power plant re- quired to be licensed under section 103 or 104 sponsors of amendment No. 4971 in- ‘‘Sec. 401. Program funding. b. of the Atomic Energy Act of 1954 (42 U.S.C. tended to be proposed to H.R. 3603, a ‘‘Sec. 402. Office of Civilian Radioactive 2133, 2134(b)). bill making appropriations for Agri- Waste Management. ‘‘(6) COMMISSION.—The term ‘Commission’ ‘‘Sec. 403. Federal contribution. culture, Rural Development, Food and means the Nuclear Regulatory Commission. Drug Administration, and Related ‘‘TITLE V—GENERAL AND ‘‘(7) CONTRACTS.—The term ‘contracts’ Agencies programs for the fiscal year MISCELLANEOUS PROVISIONS means the contracts, executed prior to the ending September 30, 1997, and for ‘‘Sec. 501. Compliance with other laws. date of enactment of the Nuclear Waste Pol- other purposes. ‘‘Sec. 502. Judicial review of agency actions. icy Act of 1996, under section 302(a) of the ‘‘Sec. 503. Licensing of facility expansions Nuclear Waste Policy Act of 1982, by the Sec- AMENDMENT NO. 4978 and transshipments. retary and any person who generates or At the request of Mr. BUMPERS the ‘‘Sec. 504. Siting a second repository. holds title to spent nuclear fuel or high-level name of the Senator from Iowa [Mr. ‘‘Sec. 505. Financial arrangements for low- radioactive waste of domestic origin for ac- HARKIN] was added as a cosponsor of level radioactive waste site clo- ceptance of such waste or fuel by the Sec- amendment No. 4978 proposed to H.R. sure. retary and the payment of fees to offset the July 23, 1996 CONGRESSIONAL RECORD — SENATE S8557

Secretary’s expenditures, and any subse- ‘‘(20) LOW-LEVEL RADIOACTIVE WASTE.—The ‘‘(b) INTERIM STORAGE.—The Secretary quent contracts executed by the Secretary term ‘low-level radioactive waste’ means ra- shall store spent nuclear fuel and high-level pursuant to section 401(a) of this Act. dioactive material that— radioactive waste from facilities designated ‘‘(8) CONTRACT HOLDERS.—The term ‘con- ‘‘(A) is not spent nuclear fuel, high-level by contract holders at an interim storage fa- tract holders’ means parties (other than the radioactive waste, transuranic waste, or by- cility pursuant to section 204 in accordance Secretary) to contracts. product material as defined in section 11 e(2) with the emplacement schedule, beginning ‘‘(9) DEPARTMENT.—The term ‘Department’ of the Atomic Energy Act of 1954 (42 U.S.C. not later than November 30, 1999. means the Department of Energy. 2014(e)(2)); and ‘‘(c) TRANSPORTATION.—The Secretary shall ‘‘(10) DISPOSAL.—The term ‘disposal’ means ‘‘(B) the Commission, consistent with ex- provide for the transportation of spent nu- the emplacement in a repository of spent nu- isting law, classifies as low-level radioactive clear fuel and high-level radioactive waste clear fuel, high-level radioactive waste, waste. accepted by the Secretary. The Secretary other highly radioactive material with no ‘‘(21) METRIC TONS URANIUM.—The terms shall procure all systems and components foreseeable intent of recovery, whether or ‘metric tons uranium’ and ‘MTU’ means the necessary to transport spent nuclear fuel and not such emplacement permits recovery of amount of uranium in the original high-level radioactive waste from facilities such material for any future purpose. unirradiated fuel element whether or not the designated by contract holders to and among ‘‘(11) DISPOSAL SYSTEM.—The term ‘dis- spent nuclear fuel has been reprocessed. facilities comprising the Integrated Manage- posal system’ means all natural barriers and ‘‘(22) NUCLEAR WASTE FUND.—The terms engineered barriers, and engineered systems ment System. Consistent with the Buy ‘Nuclear Waste Fund’ and ‘waste fund’ mean American Act (41 U.S.C. 10a–10c), unless the and components, that prevent the release of the nuclear waste fund established in the radionuclides from the repository. Secretary shall determine it to be inconsist- United States Treasury prior to the date of ent with the public interest, or the cost to be ‘‘(12) EMPLACEMENT SCHEDULE.—The term enactment of this Act under section 302(c) of ‘emplacement schedule’ means the schedule unreasonable, all such systems and compo- the Nuclear Waste Policy Act of 1982. nents procured by the Secretary shall be established by the Secretary in accordance ‘‘(23) OFFICE.—The term ‘Office’ means the manufactured in the United States, with the with section 507(a) for emplacement of spent Office of Civilian Radioactive Waste Manage- exception of any transportable storage sys- nuclear fuel and high-level radioactive waste ment established within the Department tems purchased by contract holders prior to at the interim storage facility. prior to the date of enactment of this Act the effective date of the Nuclear Waste Pol- ‘‘(13) ENGINEERED BARRIERS AND ENGI- under the provisions of the Nuclear Waste icy Act of 1996 and procured by the Secretary NEERED SYSTEMS AND COMPONENTS.—The Policy Act of 1982. from such contract holders for use in the in- terms ‘engineered barriers’ and ‘engineered ‘‘(24) PROGRAM APPROACH.—The term ‘pro- tegrated management system. systems and components,’ mean man-made gram approach’ means the Civilian Radio- components of a disposal system. These active Waste Management Program Plan, ‘‘(d) INTEGRATED MANAGEMENT SYSTEM.— terms include the spent nuclear fuel or high- dated May 6, 1996, as modified by this Act, The Secretary shall expeditiously pursue the level radioactive waste form, spent nuclear and as amended from time to time by the development of each component of the inte- fuel package or high-level radioactive waste Secretary in accordance with this Act. grated management system, and in so doing package, and other materials placed over and ‘‘(25) REPOSITORY.—The term ‘repository’ shall seek to utilize effective private sector around such packages. means a system designed and constructed management and contracting practices. ‘‘(14) HIGH-LEVEL RADIOACTIVE WASTE.—The under title II of this Act for the geologic dis- ‘‘(e) PRIVATE SECTOR PARTICIPATION.—In term ‘high-level radioactive waste’ means— posal of spent nuclear fuel and high-level ra- administering the Integrated Management ‘‘(A) the highly radioactive material re- System, the Secretary shall, to the maxi- sulting from the reprocessing of spent nu- dioactive waste, including both surface and subsurface areas at which spent nuclear fuel mum extent possible, utilize, employ, pro- clear fuel, including liquid waste produced cure and contract with, the private sector to directly in reprocessing and any solid mate- and high-level radioactive waste receipt, handling, possession, safeguarding, and stor- fulfill the Secretary’s obligations and re- rial derived from such liquid waste that con- quirements under this Act. tains fission products in sufficient con- age are conducted. ‘‘(26) SECRETARY.—The term ‘Secretary’ ‘‘(f) PRE-EXISTING RIGHTS.—Nothing in this centrations; and Act is intended to or shall be construed to ‘‘(B) other highly radioactive material that means the Secretary of Energy. ‘‘(27) SITE CHARACTERIZATION.—The term modify— the Commission, consistent with existing ‘site characterization’ means activities, ‘‘(1) any right of a contract holder under law, determines by rule requires permanent whether in a laboratory or in the field, un- section 302(a) of the Nuclear Waste Policy isolation, which includes any low-level ra- dertaken to establish the geologic condition Act of 1982, or under a contract executed dioactive waste with concentrations of radio- and the ranges of the parameters of a can- prior to the date of enactment of this Act nuclides that exceed the limits established didate site relevant to the location of a re- under that section; or by the Commission for class C radioactive pository, including borings, surface exca- ‘‘(2) obligations imposed upon the federal waste, as defined by section 61.55 of title 10, vations, excavations of exploratory facili- government by the U.S. District Court of Code of Federal Regulations, as in effect on ties, limited subsurface lateral excavations Idaho in an order entered on October 17, 1995 January 26, 1983. and borings, and in situ testing needed to ‘‘(15) FEDERAL AGENCY.—The term ‘Federal in United States v. Batt (No. 91–0054–S–EJL). agency’ means any Executive agency, as de- evaluate the licensability of a candidate site ‘‘(g) LIABILITY.—Subject to subsection (f), fined in section 105 of title 5, United States for the location of a repository, but not in- nothing in this Act shall be construed to Code. cluding preliminary borings and geophysical subject the United States to financial liabil- ‘‘(16) INDIAN TRIBE.—The term ‘Indian testing needed to assess whether site charac- ity for the Secretary’s failure to meet any tribe’ means any Indian tribe, band, nation, terization should be undertaken. deadline for the acceptance or emplacement or other organized group or community of ‘‘(28) SPENT NUCLEAR FUEL.—The term of spent nuclear fuel or high-level radio- Indians recognized as eligible for the services ‘spent nuclear fuel’ means fuel that has been active waste for storage or disposal under provided to Indians by the Secretary of the withdrawn from a nuclear reactor following this Act. irradiation, the constituent elements of Interior because of their status as Indians in- ‘‘TITLE II—INTEGRATED MANAGEMENT which have not been separated by reprocess- cluding any Alaska Native village, as defined SYSTEM in section 3(c) of the Alaska Native Claims ing. ‘‘SEC. 201. INTERMODAL TRANSFER. Settlement Act (43 U.S.C. 1602(c)). ‘‘(29) STORAGE.—The term ‘storage’ means ‘‘(17) INTEGRATED MANAGEMENT SYSTEM.— retention of spent nuclear fuel or high-level ‘‘(a) ACCESS.—The Secretary shall utilize The term ‘integrated management system’ radioactive waste with the intent to recover heavy-haul truck transport to move spent means the system developed by the Sec- such waste or fuel for subsequent use, proc- nuclear fuel and high-level radioactive waste retary for the acceptance, transportation, essing, or disposal. from the mainline rail line at Caliente, Ne- storage, and disposal of spent nuclear fuel ‘‘(30) WITHDRAWL.—The term ‘withdrawal’ vada, to the interim storage facility site. and high-level radioactive waste under title has the same definition as that set forth in ‘‘(b) CAPABILITY DATE.—The Secretary II of this Act. section 103(j) of the Federal Land Policy and shall develop the capability to commence ‘‘(18) INTERIM STORAGE FACILITY.—The term Management Act of 1976 (43 U.S.C. 1702(j)). rail to truck intermodal transfer at Caliente, ‘interim storage facility’ means a facility de- ‘‘(31) YUCCA MOUNTAIN SITE.—The term Nevada, no later than November 30, 1999. signed and constructed for the receipt, han- ‘‘Yucca Mountain site’’ means the area in Intermodal transfer and related activities dling, possession, safeguarding, and storage the State of Nevada that is withdrawn and are incidental to the interstate transpor- of spent nuclear fuel and high-level radio- reserved in accordance with this Act for the tation of spent nuclear fuel and high-level active waste in accordance with title II of location of a repository. radioactive waste. this Act. ‘‘TITLE—OBLIGATIONS ‘‘(c) ACQUISITIONS.—The Secretary shall ac- ‘‘(19) INTERIM STORAGE FACILITY SITE.—The ‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF quire lands and rights-of-way necessary to term ‘interim storage facility site’ means ENERGY. commence intermodal transfer at Caliente, the specific site within Area 25 of the Nevada ‘‘(a) DISPOSAL.—The Secretary shall de- Nevada. Test Site that is designated by the Secretary velop and operate an integrated management ‘‘(d) REPLACEMENTS.—The Secretary shall and withdrawn and reserved in accordance system for the storage and permanent dis- acquire and develop on behalf of, and dedi- with this Act for the location of the interim posal of spent nuclear fuel and high-level ra- cate to, the City of Caliente, Nevada, parcels storage facility. dioactive waste. of land and right-of-way within Lincoln S8558 CONGRESSIONAL RECORD — SENATE July 23, 1996 County, Nevada, as required to facilitate re- ‘‘(A) ‘spent fuel’ means high-level radio- Act. The Secretary may correct clerical and placement of land and city wastewater dis- active waste or spent nuclear fuel; and typographical errors in the maps and legal posal facilities necessary to commence inter- ‘‘(B) ‘first spent fuel receipt’ does not in- descriptions and make minor adjustments in modal transfer pursuant to this Act. Re- clude receipt of spent fuel or high-level ra- the boundaries of the sites. placement of land and city wastewater dis- dioactive waste for purposes of testing or ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon posal activities shall occur no later than No- operational demonstration. the request of the County of Lincoln, Ne- vember 30, 1999. ‘‘(3) ANNUAL PAYMENTS.—Annual payments vada, the Secretary of the Interior shall pro- ‘‘(e) NOTICE AND MAP.—Within 6 months of prior to first spent fuel receipt under para- vide evidence of title transfer. the date of enactment of the Nuclear Waste graph (1)(A) shall be made on the date of exe- ‘‘SEC. 202. TRANSPORTATION PLANNING. Policy Act of 1996, the Secretary shall— cution of the benefits agreement and there- ‘‘(a) TRANSPORTATION READINESS.—The ‘‘(1) publish in the Federal Register a no- after on the anniversary date of such execu- Secretary shall take those actions that are tice containing a legal description of the tion. Annual payments after the first spent necessary and appropriate to ensure that the sites and rights-of-way to be acquired under fuel receipt until closure of the facility Secretary is able to transport safely spent this subsection; and under paragraph (1)(C) shall be made on the nuclear fuel and high-level radioactive waste ‘‘(2) file copies of a map of such sites and anniversary date of such first spent fuel re- from sites designated by the contract holders rights-of-way with the Congress, the Sec- ceipt. to mainline transportation facilities, using retary of the Interior, the State of Nevada, ‘‘(4) REDUCTION.—If the first spent fuel pay- routes that minimize, to the maximum prac- the Archivist of the United States, the Board ment under paragraph (1)(B) is made within ticable extent consistent with Federal re- of Lincoln County Commissioners, the Board 6 months after the last annual payment prior quirements governing transportation of haz- of Nye County Commissioners, and the to the receipt of spent fuel under paragraph ardous materials, transportation of spent nu- Caliente City Council. Such map and legal (1)(A), such first spent fuel payment under clear fuel and high-level radioactive waste description shall have the same force and ef- paragraph (1)(B) shall be reduced by an through populated areas, beginning not later fect as if they were included in this Act. The amount equal to 1⁄12 of such annual payment than November 30, 1999, and, by the date Secretary may correct clerical and typo- under paragraph (1)(A) for each full month shall, in consultation with the Secretary of graphical errors and legal descriptions and less than 6 that has not elapsed since the last Transportation develop and implement a make minor adjustments in the boundaries. annual payment under paragraph (1)(A). comprehensive management plan that en- ‘‘(f) IMPROVEMENTS.—The Secretary shall ‘‘(5) RESTRICTIONS.—The Secretary may sures that safe transportation of spent nu- make improvements to existing roadways se- not restrict the purposes for which the pay- clear fuel and high-level radioactive waste lected for heavy-haul truck transport be- ments under this section may be used. from the sites designated by the contract tween Caliente, Nevada, and the interim ‘‘(6) DISPUTE.—In the event of a dispute holders to the interim storage facility site storage facility site as necessary to facili- concerning such agreement, the Secretary beginning not later than November 30, 1999. tate year-round safe transport of spent nu- shall resolve such dispute, consistent with ‘‘(b) TRANSPORTATION PLANNING.—In con- clear fuel and high-level radioactive waste. this Act and applicable State law. junction with the development of the ‘‘(g) LOCAL GOVERNMENT INVOLVEMENT.— ‘‘(7) CONSTRUCTION.—The signature of the logistical plan in accordance with subsection The Commission shall enter into a Memoran- Secretary on a valid benefits agreement (a), the Secretary shall update and modify, dum of Understanding with the City of under this section shall constitute a commit- as necessary, the Secretary’s transportation Caliente and Lincoln County, Nevada, to pro- ment by the United States to make pay- institutional plans to ensure the institu- vide advice to the Commission regarding ments in accordance with such agreement tional issues are addressed and resolved on a intermodal transfer and to facilitate on-site under section 401(c)(2). schedule to support the commencement of ‘‘(j) INITIAL LAND CONVEYANCES. representation. Reasonable expenses of such transportation of spent nuclear fuel and ‘‘(1) CONVEYANCES OF PUBLIC LANDS.—One representation shall be paid by the Sec- high-level radioactive waste to the interim hundred and twenty days after enactment of retary. storage facility no later than November 30, this Act, all right, title and interest of the ‘‘(h) BENEFITS AGREEMENT.— 1999. Among other things, such planning ‘‘(1) IN GENERAL.—The Secretary shall offer United States in the property described in shall provide a schedule and process for ad- to enter into an agreement with Lincoln paragraph (2), and improvements thereon, to- dressing and implementing, as necessary, County, Nevada concerning the integrated gether with all necessary easements for util- transportation routing plans, transportation management system. ities and ingress and egress to such property, contracting plans, transportation training in ‘‘(2) AGREEMENT CONTENT.—Any agreement including, but not limited to, the right to accordance with Section 203, and public edu- shall contain such terms and conditions, in- improve those easements, are conveyed by cation regarding transportation of spent nu- cluding such financial and institutional ar- operation of law to the County of Lincoln, clear fuel and high level radioactive waste; rangements, as the Secretary and agreement Nevada, unless the county notifies the Sec- and transportation tracking programs. entity determine to be reasonable and appro- retary of Interior or the head of such other priate and shall contain such provisions as appropriate agency in writing within 60 days ‘‘SEC. 203. TRANSPORTATION REQUIREMENTS. are necessary to preserve any right to par- of such date of enactment that it elects not ‘‘(a) PACKAGE CERTIFICATION.—No spent nu- ticipation or compensation of Lincoln Coun- to take title to all or any part of the prop- clear fuel or high-level radioactive waste ty, Nevada. erty, except that any lands conveyed to the may be transported by or for the Secretary ‘‘(3) AMENDMENT.—An agreement entered County of Lincoln under this subsection that under this Act except in packages that have into under this subsection may be amended are subject to a Federal grazing permit or been certified for such purposes by the Com- only with the mutual consent of the parties lease or a similar federally granted permit or mission. to the amendment and terminated only in lease shall be conveyed between 60 and 120 ‘‘(b) STATE NOTIFICATION.—The Secretary accordance with paragraph (4). days of the earliest time the Federal agency shall abide by regulations of the Commission ‘‘(4) TERMINATION.—The Secretary shall administering or granting the permit or regarding advance notification of State and terminate the agreement under this sub- lease would be able to legally terminate such local governments prior to transportation of section if any major element of the inte- right under the statutes and regulations ex- spent nuclear fuel or high-level radioactive grated management system may not be com- isting at the date of enactment of this Act, waste under this Act. pleted. unless Lincoln County and the affected hold- ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- ‘‘(5) LIMITATION.—Only 1 agreement may be er of the permit or lease negotiate an agree- retary shall provide technical assistance and in effect at any one time. ment that allows for an earlier conveyance. funds to States, units of local government, ‘‘(6) JUDICIAL REVIEW.—Decisions of the ‘‘(2) SPECIAL CONVEYANCES.—Notwithstand- and Indian tribes through whose jurisdiction Secretary under this section are not subject ing any other law, the following public lands the Secretary plans to transport substantial to judicial review. depicted on the maps and legal descriptions amounts of spent nuclear fuel or high-level ‘‘(i) CONTENT OF AGREEMENT. dated October 11, 1995, shall be conveyed radioactive waste for training for public ‘‘(1) SCHEDULE.—In addition to the benefits under paragraph (1) to the County of Lin- safety officials of appropriate units of local to which Lincoln County is entitled to under coln, Nevada: government. The Secretary shall also pro- this title, the Secretary shall make pay- Map 10: Lincoln County, Parcel M, Indus- vide technical assistance and funds for train- ments under the benefits agreement in ac- trial Park Site ing directly to national nonprofit employee cordance with the following schedule: Map 11: Lincoln County, Parcel F, Mixed organizations which demonstrate experience Use Industrial Site in implementing and operating worker BENEFITS SCHEDULE Map 13: Lincoln County, Parcel J, Mixed health and safety training and education [Amounts in millions] Use, Alamo Community Expansion Area programs and demonstrate the ability to Map 14: Lincoln County, Parcel E, Mixed reach and involve in-training programs tar- Event Payment Use, Pioche Community Expansion Area get populations of workers who are or will be Map 15: Lincoln County, Parcel B, Landfill directly engaged in the transportation of (A) Annual payments prior to first receipt of spent fuel ...... $2.5 (B) Annual payments beginning upon first spent fuel receipt ..... 5 Expansion Site. spent nuclear fuel and high-level radioactive (C) Payment upon closure of the intermodal transfer facility ...... 5 ‘‘(3) CONSTRUCTION.—The maps and legal waste, or emergency response or post-emer- descriptions of special conveyances referred gency response with respect to such trans- ‘‘(2) DEFINITIONS.—For purposes of this sec- to in paragraph (2) shall have the same force portation. Training shall cover procedures tion, the term— and effect as if they were included in this required for safe routine transportation of July 23, 1996 CONGRESSIONAL RECORD — SENATE S8559 these materials, as well as procedures for ing up emergency situations occurring dur- defined in section 2(19) of this Act shall be dealing with emergency response situations, ing the removal and transportation of spent deemed to be approved by law for purposes of and shall be consistent with any training nuclear fuel and high-level radioactive this section. standards established by the Secretary of waste. ‘‘(2) Upon the designation of an interim Transportation in accordance with sub- ‘‘(4) There is authorized to be appropriated storage facility site by the President under section (g). The Secretary’s duty to provide to the Secretary of Transportation, from paragraph (1)(D), the Secretary shall proceed technical and financial assistance under this general revenues, such sums as may be nec- forthwith and without further delay with all subsection shall be limited to amounts speci- essary to perform his duties under this sub- activities necessary to begin storing spent fied in annual appropriations. section. nuclear fuel and high-level radioactive waste ‘‘(d) PUBLIC EDUCATION.—The Secretary ‘‘SEC. 204. INTERIM STORAGE. at an interim storage facility at the des- shall conduct a program to educate the pub- ‘‘(a) AUTHORIZATION.—The Secretary shall ignated site, except that the Secretary shall lic regarding the transportation of spent nu- design, construct, and operate a facility for not begin any construction activities at the clear fuel and high-level radioactive waste, the interim storage of spent nuclear fuel and designated interim storage facility site be- with an emphasis upon those States, units of high-level radioactive waste at the interim fore the designated interim storage facility local government, and Indian tribes through storage facility site. The interim storage fa- site is approved by law. ‘‘(c) DESIGN.— whose jurisdiction the Secretary plans to cility shall be subject to licensing pursuant ‘‘(1) The interim storage facility shall be transport substantial amounts of spent nu- to the Atomic Energy Act of 1954 in accord- designed in two phases in order to commence clear fuel and high-level radioactive waste. ance with the Commission’s regulations gov- operations no later than November 30, 1999. ‘‘(e) COMPLIANCE WITH TRANSPORTATION erning the licensing of independent spent The design of the interim storage facility REGULATIONS.—Any person that transports fuel storage installations, which regulations shall provide for the use of storage tech- spent nuclear fuel or high-level radioactive shall be amended by the Commission as nec- nologies, licensed, approved, or certified by waste under the Nuclear Waste Policy Act of essary to implement the provisions of this the Commission for use at the interim stor- 1986, pursuant to a contract with the Sec- Act. The interim storage facility shall com- age facility as necessary to ensure compat- retary, shall comply with all requirements mence operation in phases in accordance ibility between the interim storage facility governing such transportation issued by the with subsection (b). Federal, State, and local governments, and and contract holders’ spent nuclear fuel and ‘‘(b) SCHEDULE.—(1) The Secretary shall facilities, and to facilitate the Secretary’s Indian tribes, in the same way and to the proceed forthwith and without further delay ability to meet the Secretary’s obligations same extent that any person engaging in with all activities necessary to begin storing that transportation that is in or affects under this Act. spent nuclear fuel and high-level radioactive ‘‘(2) The Secretary shall consent to an interstate commerce must comply with such waste at the interim storage facility at the requirements, as required by 49 U.S.C. sec. amendment to the contracts to provide for interim storage facility site by November 30, reimbursement to contract holders for trans- 5126. 1999, except that: ‘‘(f) EMPLOYEE PROTECTION.—Any person portable storage systems purchased by con- ‘‘(A) The Secretary shall not begin any engaged in the interstate commerce of spent tract holders if the Secretary determines construction activities at the interim stor- nuclear fuel or high-level radioactive waste that it is cost effective to use such trans- age facility site before December 31, 1998. under contract to the Secretary pursuant to portable storage systems as part of the inte- ‘‘(B) The Secretary shall cease all activi- this Act shall be subject to and comply fully grated management system, provided that ties (except necessary termination activi- with the employee protection provisions of the Secretary shall not be required to expend ties) at the Yucca Mountain site if the Presi- 49 U.S.C. 20109 and 49 U.S.C. 31105. any funds to modify contract holders’ stor- dent determines, in his discretion, on or be- ‘‘(g) TRAINING STANDARD.—(1) No later than age or transport systems or to seek addi- 12 months after the date of enactment of the fore December 31, 1998, based on a preponder- tional regulatory approvals in order to use Nuclear Waste Policy Act of 1996, the Sec- ance of the information available at such such systems. retary of Transportation, pursuant to au- time, that the Yucca Mountain site is un- ‘‘(d) LICENSING.— thority under other provision of law, in con- suitable for development as a repository, in- ‘‘(1) PHASES.—The interim storage facility sultation with the Secretary of Labor and cluding geologic and engineered barriers, be- shall be licensed by the Commission in two the Commission, shall promulgate a regula- cause of a substantial likelihood that a re- phases in order to commence operations no tion establishing training standards applica- pository of useful size cannot be designed, li- later than November 30, 1999. ble to workers directly involved in the re- censed, and constructed at the Yucca Moun- ‘‘(2) FIRST PHASE.—No later than 12 months moval and transportation of spent nuclear tain site. after the date of enactment of the Nuclear fuel and high-level radioactive waste. The ‘‘(C) No later than June 30, 1998, the Sec- Waste Policy Act of 1996, the Secretary shall regulation shall specify minimum training retary shall provide to the President and to submit to the Commission an application for standards applicable to workers, including the Congress a viability assessment of the a license for the first phase of the interim managerial personnel. The regulation shall Yucca Mountain site. The viability assess- storage facility. The Environmental Report require that evidence of satisfaction of the ment shall include— and Safety Analysis Report submitted in applicable training standard be provided to ‘‘(i) the preliminary design concept for the support of such license application shall be an employer before any individual may be critical elements of the repository and waste consistent with the scope of authority re- employed in the removal and transportation package, quested in the license application. The li- of spent nuclear fuel and high-level radio- ‘‘(ii) a total system performance assess- cense issued for the first phase of the interim active waste. ment, based upon the design concept and the storage facility shall have a term of 20 years. ‘‘(2) If the Secretary of Transportation de- scientific data and analysis available by The interim storage facility licensed in the termines, in promulgating the regulation re- June 30, 1998, describing the probable behav- first place shall have a capacity of not more quired by subparagraph (1), that regulations ior of the repository in the Yucca Mountain than 15,000 MTU. The Commission shall issue promulgated by the Commission establish geologic setting relative to the overall sys- a final decision granting or denying the ap- adequate training standards for workers, tem performance standard set forth in sec- plication for the first phase license no later then the Secretary of Transportation can re- tion 205(d) of this Act, than 16 months from the date of the submit- frain from promulgating additional regula- ‘‘(iii) a plan and cost estimate for the re- tal of the application for such license. tions with respect to worker training in such maining work required to complete a license ‘‘(3) SECOND PHASE.—No later than 30 activities. The Secretary of Transportation application, and months after the date of enactment of the and the Commission shall work through ‘‘(iv) an estimate of the costs to construct Nuclear Waste Policy Act of 1996, the Sec- their Memorandum of Understanding to en- and operate the repository in accordance retary shall submit to the Commission an sure coordination of worker training stand- with the design concept. application for a license for the second phase ards and to avoid duplicative regulation. ‘‘(D) Within 18 months of a determination interim storage facility. The license for the ‘‘(3) The training standards required to be by the President that the Yucca Mountain second phase facility shall authorize a stor- promulgated under subparagraph (1) shall, site is unsuitable for development as a repos- age capacity of 40,000 MTU. If the Secretary among other things deemed necessary and itory under paragraph (B), the President does not submit the license application for appropriate by the Secretary of Transpor- shall designate a site for the construction of construction of a respository by February 1, tation, include the following provisions— an interim storage facility. If the President 2002, or does not begin full spent nuclear fuel ‘‘(A) a specified minimum number of hours does not designate a site for the construction receipt operations at a repository by Janu- of initial off site instruction and actual field of an interim storage facility, or the con- ary 17, 2010, the license shall authorize a experience under the direct supervision of a struction of an interim storage facility at storage capacity of 60,000 MTU. The license trained, experienced supervisor; the designated site is not approved by law application shall be submitted such that the ‘‘(B) a requirement that onsite managerial within 24 months of the President’s deter- license can be issued to permit the second personnel receive the same training as work- mination that the Yucca Mountain site is phase facility to begin full spent nuclear fuel ers, and a minimum number of additional not suitable for development as a repository, receipt operations no later than December hours of specialized training pertinent to the Secretary shall begin construction of an 31, 2002. The license for the second phase their managerial responsibilities; and interim storage facility at the interim stor- shall have an initial term of up to 100 years, ‘‘(C) a training program applicable to per- age facility site as defined in section 2(19) of and shall be renewable for additional terms sons responsible for responding to and clean- this Act. The interim storage facility site as upon application of the Secretary. S8560 CONGRESSIONAL RECORD — SENATE July 23, 1996

‘‘(e) ADDITIONAL AUTHORITY.— National Environmental Policy Act of 1969 mission. Nothing in this Act shall affect any ‘‘(1) CONSTRUCTION.—For purposes of com- (42 U.S.C. 4332(2)(C)). In preparing such Envi- such procedures, or any licenses or approvals plying with this section, the Secretary may ronmental Impact Statement, the Commis- issued pursuant to such procedures in effect commence site preparation for the interim sion— on the date of enactment. storage facility as soon as practicable after ‘‘(i) shall ensure that the scope of the Envi- ‘‘SEC. 205. PERMANENT REPOSITORY. the date of enactment of the Nuclear Waste ronmental Impact Statement is consistent ‘‘(a) REPOSITORY CHARACTERIZATION.— Policy Act of 1996 and shall commence con- with the scope of the licensing action; and ‘‘(1) GUIDELINES.—The guidelines promul- struction of each phase of the interim stor- ‘‘(ii) shall analyze the impacts of the trans- gated by the Secretary and published at 10 age facility subsequent to submittal of the portation of spent nuclear fuel and high-level CFR part 960 are annulled and revoked and license application for such phase except radioactive waste to the interim storage fa- the Secretary shall make no assumptions or that the Commission shall issue an order cility in a generic manner. conclusions about the licensability of the ONSIDERATIONS.—Such Environ- suspending such construction at any time if ‘‘(B) C Yucca Mountain site as a repository by ref- mental Impact Statement shall not con- the Commission determines that such con- erence to such guidelines. sider— struction poses an unreasonable risk to pub- ‘‘(2) SITE CHARACTERIZATION ACTIVITIES.— ‘‘(i) the need for the interim storage facil- lic health and safety or the environment. The Secretary shall carry out appropriate ity, including any individual component The Commission shall terminate all or part site characterization activities at the Yucca thereof; of such order upon a determination that the Mountain site in accordance with the Sec- Secretary has taken appropriate action to ‘‘(ii) the time of the initial availability of the interim storage facility; retary’s program approach to site character- eliminate such risk. ization. The Secretary shall modify or elimi- ‘‘(2) FACILITY USE.—Notwithstanding any ‘‘(iii) any alternatives to the storage of spent nuclear fuel and high-level radioactive nate those site characterization activities otherwise applicable licensing requirement, designed only to demonstrate the suitability the Secretary may utilize any facility owned waste at the interim storage facility; ‘‘(iv) any alternatives to the site of the fa- of the site under the guidelines referenced in by the Federal Government on the date of paragraph (1). enactment of the Nuclear Waste Policy Act cility as designated by the Secretary in ac- ‘‘(3) SCHEDULE DATE.—Consistent with the of 1996 within the boundaries of the interim cordance with subsection (a); ‘‘(v) any alternatives to the design criteria schedule set forth in the program approach, storage facility site, in connection with an as modified to be consistent with the Nu- imminent and substantial endangerment to for such facility or any individual compo- nent thereof, as specified by the Secretary in clear Waste Policy Act of 1996, no later than public health and safety at the interim stor- February 1, 2002, the Secretary shall apply to age facility prior to commencement of oper- the license application; or ‘‘(vi) the environmental impacts of the the Commission for authorization to con- ations during the second phase. struct a repository. If, at any time prior to ‘‘(3) EMPLACEMENT OF FUEL AND WASTE.— storage of spent nuclear fuel and high-level the filing of such application, the Secretary Subject to paragraph (i), once the Secretary radioactive waste at the interim storage fa- determines that the Yucca Mountain site has achieved the annual acceptance rate for cility beyond the initial term of the license cannot satisfy the Commission’s regulations spend nuclear fuel from civilian nuclear or the term of the renewal period for which applicable to the licensing of a geologic re- power reactors established pursuant to the a license renewal application is made. pository, the Secretary shall terminate site contracts executed prior to the date of en- ‘‘(g) JUDICIAL REVIEW.—Judicial review of characterization activities at the site, notify actment of the Nuclear Waste Policy Act of the Commission’s environmental impact Congress and the State of Nevada of the Sec- 1996, as set forth in the Secretary’s annual statement under the National Environ- retary’s determination and the reasons capacity report dated March, 1995 (DOE/RW– mental Policy Act of 1969 (42 U.S.C. 4321 et therefor, and recommend to Congress not 0457), the Secretary shall accept, in an seq.) shall be consolidated with judicial re- later than 6 months after such determina- amount not less than 25% of the difference view of the Commission’s licensing decision. tion further actions, including the enact- between the contractual acceptance rate and No court shall have jurisdiction to enjoin the ment of legislation, that may be needed to the annual emplacement rate for spent nu- construction or operation of the interim manage the Nation’s spent nuclear fuel and clear fuel from civilian nuclear power reac- storage facility prior to its final decision on high-level radioactive waste. tors established under section 507(a), the fol- review of the Commission’s licensing action. ‘‘(4) MAXIMIZING CAPACITY.—In developing lowing radioactive materials: ‘‘(h) WASTE CONFIDENCE.—The Secretary’s an application for authorization to construct ‘‘(A) spend nuclear fuel or high-level radio- obligation to construct and operate the in- the repository, the Secretary shall seek to active waste of domestic origin from civilian terim storage facility in accordance with maximize the capacity of the repository, in nuclear power reactors that have perma- this section and the Secretary’s obligation the most cost-effective manner, consistent nently ceased operation on or before the date to develop an integrated management sys- with the need for disposal capacity. of enactment of the Nuclear Waste Policy tem in accordance with the provisions of this ‘‘(b) REPOSITORY LICENSING.—Upon the Act of 1996; Act, shall provide sufficient and independent ‘‘(B) spend nuclear fuel from foreign re- grounds for any further findings by the Com- completion of any licensing proceeding for search reactors, as necessary to promote mission of reasonable assurance that spent the first phase of the interim storage facil- non-proliferation objectives; and nuclear fuel and high-level radioactive waste ity, the Commission shall amend its regula- ‘‘(C) spend nuclear fuel, including spend will be disposed of safely and on a timely tions governing the disposal of spent nuclear nuclear fuel from naval reactors, and high- basis for purposes of the Commission’s deci- fuel and high-level radioactive waste in geo- level radioactive waste from atomic energy sion to grant or amend any license to oper- logic repositories to the extent necessary to defense activities. ate any civilian nuclear power reactor under comply with this Act. Subject to subsection ‘‘(f) NATIONAL ENVIRONMENTAL POLICY ACT the Atomic Energy Act of 1954 (42 U.S.C. 2011, (c), such regulations shall provide for the li- OF 1996.— et seq.). censing of the repository according to the ‘‘(1) PRELIMINARY DECISIONMAKING ACTIVI- ‘‘(i) STORAGE OF OTHER SPENT NUCLEAR following procedures: TIES.—The Secretary’s and President’s ac- FUEL AND HIGH-LEVEL RADIOACTIVE WASTE.— ‘‘(1) CONSTRUCTION AUTHORIZATION.—The tivities under this section, including, but not No later than 18 months following the date Commission shall grant the Secretary a con- limited to, the selection of a site for the in- of enactment of the Nuclear Waste Policy struction authorization for the repository terim storage facility, assessments, deter- Act of 1996, the Commission shall, by rule, upon determining that there is reasonable minations of designations made under sec- establish criteria for the storage in the in- assurance that spent nuclear fuel and high- tion 204(b), the preparation and submittal of terim storage facility of fuel and waste list- level radioactive waste can be disposed of in a license application and supporting docu- ed in paragraph (e)(3)(A) through (C), to the the repository— mentation, the construction of a facility extent such criteria are not included in regu- ‘‘(A) in conformity with the Secretary’s under paragraph (e)(1) of this section, and fa- lations issued by the Commission and exist- application, the provisions of this Act, and cility use pursuant to paragraph (e)(2) of this ing on the date of enactment of the Nuclear the regulations of the Commission; section shall be considered preliminary deci- Waste Policy Act of 1996. Following estab- ‘‘(B) without unreasonable risk to the sionmaking activities for purposes of judi- lishment of such criteria, the Secretary shall health and safety of the public; and cial review. The Secretary shall not prepare seek authority, as necessary, to store fuel ‘‘(C) consistent with the common defense an environmental impact statement under and waste listed in paragraph (e)(3)(A) and security. section 102(2)(C) of the National Environ- through (C) at the interim storage facility. ‘‘(2) LICENSE.—Following substantial com- mental Policy Act of 1969 (42 U.S.C. 4332(2)(C) None of the activities carried out pursuant pletion of construction and the filing of any or any environmental review under subpara- to this paragraph shall delay, or otherwise additional information needed to complete graph (E) or (F) of such Act before conduct- affect, the development, construction, li- the license application, the Commission ing these activities. censing, or operation of the interim storage shall issue a license to dispose of spent nu- ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— facility. clear fuel and high-level radioactive waste in ‘‘(A) FINAL DECISION.—A final decision by ‘‘(j) SAVINGS CLAUSE.—The Commission the repository if the Commission determines the Commission to grant or deny a license shall, by rule, establish procedures for the li- that the repository has been constructed and application for the first or second phase of censing of any technology for the dry stor- will operate— the interim storage facility shall be accom- age of spent nuclear fuel by rule and with- ‘‘(A) in conformity with the Secretary’s panied by an Environmental Impact State- out, to the maximum extent possible, the application, the provisions of this Act, and ment prepared under section 103(2)(C) of the need for site-specific approvals by the Com- the regulations of the Commission; July 23, 1996 CONGRESSIONAL RECORD — SENATE S8561 ‘‘(B) without unreasonable risk to the safety and establishes by rule another stand- mission under the National Environmental health and safety of the public; and ard which will protect health and safety. Policy Act of 1969, and no further consider- ‘‘(C) consistent with the common defense Such standard shall constitute an overall ation shall be required, except that nothing and security. system performance standard. in this subsection shall affect any independ- ‘‘(3) CLOSURE.—After emplacing spent nu- ‘‘(2) APPLICATION OF OVERALL SYSTEM PER- ent responsibilities of the Commission to clear fuel and high-level radioactive waste in FORMANCE STANDARD.—The Commission shall protect the public health and safety under the repository and collecting sufficient con- issue the license if it finds reasonable assur- the Atomic Energy Act of 1954. In any such firmatory data on repository performance to ance that for the first 1,000 years following statement or supplement prepared with re- reasonably confirm the basis for repository the commencement of repository operations, spect to the repository, the Commission closure consistent with the Commission’s the overall system performance standard shall not consider the need for a repository, regulations applicable to the licensing of a will be met based on a probabilistic evalua- or alternate sites or designs for the reposi- repository, as modified in accordance with tion, as appropriate, of compliance with the tory. this Act, the Secretary shall apply to the overall system performance standard in ‘‘(f) JUDICIAL REVIEW.—No court shall have Commission to amend the license to permit paragraph (1). jurisdiction to enjoin issuance of the Com- permanent closure of the repository. The ‘‘(3) FACTORS.—For purposes of making the mission repository licensing regulations Commission shall grant such license amend- finding in paragraph (2)— prior to its final decision on review of such ment upon finding that there is reasonable ‘‘(A) the Commission shall not consider regulations. assurance that the repository can be perma- catastrophic events where the health con- ‘‘SEC. 206. LAND WITHDRAWAL. nently closed— sequences of individual events themselves ‘‘(A) in conformity with the Secretary’s can be reasonably assumed to exceed the ‘‘(a) WITHDRAWAL AND RESERVATION.— application to amend the license, the provi- health consequences due to the impact of the ‘‘(1) WITHDRAWAL.—Subject to valid exist- sions of this Act, and the regulations of the events on repository performance; ing rights, the interim storage facility site Commission; ‘‘(B) for the purpose of this section, an av- and the Yucca Mountain site, as described in ‘‘(B) without unreasonable risk to the erage member of the general population in subsection (b), are withdrawn from all forms health and safety of the public; and the vicinity of the Yucca Mountain site of entry, appropriation, and disposal under ‘‘(C) consistent with the common defense means a person whose physiology, age, gen- the public land laws, including the mineral and security. eral health, agricultural practices, eating leasing laws, the geothermal leasing laws, ‘‘(4) POST-CLOSURE.—The Secretary shall habits, and social behavior represent the av- the material sale laws, and the mining laws. take those actions necessary and appropriate erage for persons living in the vicinity of the ‘‘(2) JURISDICTION.—Jurisdiction of any at the Yucca Mountain site to prevent any site. Extremes in social behavior, eating land within the interim storage facility site activity at the site subsequent to repository habits, or other relevant practices or charac- and the Yucca Mountain site managed by the closure that poses an unreasonable risk of— teristics shall not be considered; and Secretary of the Interior or any other Fed- ‘‘(A) breaching the repository’s engineered ‘‘(C) the Commission shall assume that, eral officer is transferred to the Secretary. or geologic barriers; or following repository closure, the inclusion of ‘‘(3) RESERVATION.—The interim storage fa- ‘‘(B) increasing the exposure of individual engineered barriers and the Secretary’s post- cility site and the Yucca Mountain site are members of the public to radiation beyond closure actions at the Yucca Mountain site, reserved for the use of the Secretary for the the release standard established in sub- in accordance with subsection (b)(4), shall be construction and operation, respectively, of section (d)(1). sufficient to— the interim storage facility and the reposi- ‘‘(c) MODIFICATION OF REPOSITORY LICENS- ‘‘(i) prevent any human activity at the site tory and activities associated with the pur- ING PROCEDURE.—The Commission’s regula- that poses an unreasonable risk of breaching poses of this title. tions shall provide for the modification of the repository’s engineered or geologic bar- ‘‘(b) LAND DESCRIPTION.— the repository licensing procedure, as appro- riers; and ‘‘(1) BOUNDARIES.—The boundaries depicted priate, in the event that the Secretary seeks ‘‘(ii) prevent any increase in the exposure on the map entitled Interim Storage Facility a license to permit the emplacement in the of individual members of the public to radi- Site Withdrawal Map, dated March 13, 1996, repository, on a retrievable basis, of spent ation beyond the allowable limits specified and on file with the Secretary, are estab- nuclear fuel or high-level radioactive waste in paragraph (1). lished as the boundaries of the Interim Stor- as is necessary to provide the Secretary with ‘‘(4) ADDITIONAL ANALYSIS.—The Commis- age Facility site. sufficient confirmatory data on repository sion shall analyze the overall system per- ‘‘(2) BOUNDARIES.—The boundaries depicted performance to reasonably confirm the basis formance through the use of probabilistic on the map entitled ‘Yucca Mountain Site for repository closure consistent with appli- evaluations that use best estimate assump- Withdrawal Map,’ dated July 9, 1996, and on cable regulations. tions, data, and methods for the period com- file with the Secretary, are established as ‘‘(d) REPOSITORY LICENSING STANDARDS.— mencing after the first 1,000 years of oper- the boundaries of the Yucca Mountain site. The Administrator of the Environmental ation of the repository and terminating at OTICE AND MAPS.—Within 6 months of Protection Agency shall, pursuant to author- ‘‘(3) N 10,000 years after the commencement of oper- the date of the enactment of the Nuclear ity under other provisions of law, issue gen- ation of the repository. Waste Policy Act of 1996, the Secretary erally applicable standards for the protec- ATIONAL ENVIRONMENTAL POLICY ‘‘(e) N shall— tion of the public from releases of radio- ACT.— ‘‘(A) publish in the Federal Register a no- active materials or radioactivity from the ‘‘(1) SUBMISSION OF STATEMENT.—Construc- repository. Such standards shall be consist- tion and operation of the repository shall be tice containing a legal description of the in- ent with the overall system performance considered a major Federal action signifi- terim storage facility site; and standard established by this subsection un- cantly affecting the quality of the human en- ‘‘(B) file copies of the maps described in less the Administrator determines by rule vironment for purpose of the National Envi- paragraph (1), and the legal description of that the overall system performance stand- ronmental Policy Act of 1969 (42 U.S.C. 4321 the interim storage facility site with the ard would constitute an unreasonable risk to et seq.). The Secretary shall submit an envi- Congress, the Secretary of the Interior, the health and safety. The Commission’s reposi- ronmental impact statement on the con- Governor of Nevada, and the Archivist of the tory licensing determinations for the protec- struction and operation of the repository to United States. tion of the public shall be based solely on a the Commission with the license application ‘‘(4) NOTICE AND MAPS.—Concurrent with finding whether the repository can be oper- and shall supplement such environmental the Secretary’s application to the Commis- ated in conformance with the overall system impact statement as appropriate. sion for authority to construct the reposi- performance standard established in para- ‘‘(2) CONSIDERATIONS.—For purposes of tory, the Secretary shall— graph (1), applied in accordance with the pro- complying with the requirements of the Na- ‘‘(A) publish in the Federal Register a no- visions of paragraph (2), and the Administra- tional Environmental Policy Act of 1969 and tice containing a legal description of the tor’s radiation protection standards. The this section, the Secretary shall not consider Yucca Mountain site; and Commission shall amend its regulations in in the environmental impact statement the ‘‘(B) file copies of the maps described in accordance with subsection (b) to incor- need for the repository, or alternative sites paragraph (2), and the legal description of porate each of the following licensing stand- or designs for the repository. the Yucca Mountain site with the Congress, ards: ‘‘(3) ADOPTION BY COMMISSION.—The Sec- the Secretary of the Interior, the Governor ‘‘(1) ESTABLISHMENT OF OVERALL SYSTEM retary’s environmental impact statement of Nevada, and the Archivist of the United PERFORMANCE STANDARD.—The standard for and any supplements thereto shall, to the ex- States. protection of the public from release of ra- tent practicable, be adopted by the Commis- ‘‘(5) CONSTRUCTION.—The maps and legal dioactive material or radioactivity from the sion in connection with the issuance by the descriptions of the interim storage facility repository shall prohibit releases that would Commission of a construction authorization site and the Yucca Mountain site referred to expose an average member of the general under subsection (b)(1), a license under sub- in this subsection shall have the same force population in the vicinity of the Yucca section (b)(2), or a license amendment under and effect as if they were included in this Mountain site to an annual dose in excess of subsection (b)(3). To the extent such state- Act. The Secretary may correct clerical and 100 millirems unless the Commission deter- ment or supplement is adopted by the Com- typographical errors in the maps and legal mines by rule that such standard would con- mission, such adoption shall be deemed to descriptions and make minor adjustments in stitute an unreasonable risk to health and also satisfy the responsibilities of the Com- the boundaries of the sites. S8562 CONGRESSIONAL RECORD — SENATE July 23, 1996 ‘‘TITLE III—LOCAL RELATIONS activities at such site are terminated by the Map 2: Proposed Lathrop Wells (Gate 510) ‘‘SEC. 301. FINANCIAL ASSISTANCE. Secretary or if such activities are perma- Industrial Park Site Map 3: Pahrump Landfill Sites ‘‘(a) GRANTS.—The Secretary is authorized nently enjoined by any court. to make grants to any affected Indian tribe ‘‘SEC. 302. ON-SITE REPRESENTATIVE. Map 4: Amargosa Valley Regional Landfill or affected unit of local government for pur- ‘‘The Secretary shall offer to the unit of Site poses of enabling the affected Indian tribe or local government within whose jurisdiction a Map 5: Amargosa Valley Municipal Land- affected unit of local government— site for an interim storage facility or reposi- fill Site ‘‘(1) to review activities taken with respect tory is located under this Act an opportunity Map 6: Beatty Landfill/Transfer Station to the Yucca Mountain site for purposes of to designate a representative to conduct on Site Map 7: Round Mountain Landfill Site determining any potential economic, social, site oversight activities at such site. The Map 8: Tonopah Landfill Site public health and safety, and environmental Secretary is authorized to pay the reason- Map 9: Gabbs Landfill Site. impacts of the integrated management sys- able expenses of such representative. ‘‘(3) CONSTRUCTION.—The maps and legal tem on the affected Indian tribe or the af- ‘‘SEC. 303. ACCEPTANCE OF BENEFITS. descriptions of special conveyances referred fected unit of local government and its resi- ‘‘(a) CONSENT.—The acceptance or use of to in subsection (b) shall have the same force dents; any of the benefits provided under this title and effect as if they were included in this ‘‘(2) to develop a request for impact assist- by any affected Indian tribe or affected unit Act. The Secretary may correct clerical and ance under subsection (c); of local government shall not be deemed to typographical errors in the maps and legal ‘‘(3) to engage in any monitoring, testing, be an expression of consent, express, or im- descriptions and make minor adjustments in or evaluation activities with regard to such plied, either under the Constitution of the the boundaries of the sites. site; State or any law thereof, to the siting of an ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon ‘‘(4) to provide information to residents re- interim storage facility or repository in the the request of the County of Nye, Nevada, garding any activities of the Secretary, or State of Nevada, any provision of such Con- the Secretary of the Interior shall provide the Commission with respect to such site; stitution or laws to the contrary evidence of title transfer. and notwthstanding. ‘‘(5) to request information from, and make ‘‘(b) ARGUMENTS.—Neither the United ‘‘TITLE IV—FUNDING AND comments and recommendations to, the Sec- States nor any other entity may assert any ORGANIZATION retary regarding any activities taken with argument based on legal or equitable estop- ‘‘SEC. 401. PROGRAM FUNDING. respect to such site. pel, or acquiesence, or waiver, or consensual ‘‘(a) CONTRACTS.— ‘‘(b) SALARY AND TRAVEL EXPENSES.—Any involvement, in response to any decision by ‘‘(1) AUTHORITY OF SECRETARY.—In the per- salary or travel expense that would ordi- the State to oppose the siting in Nevada of formance of the Secretary’s functions under narily be incurred by any affected Indian an interim storage facility or repository pre- this Act, the Secretary is authorized to enter tribe or affected unit of local government mised upon or related to the acceptance or into contracts with any person who gen- may not be considered eligible for funding use of benefits under this title. erates or holds title to spent nuclear fuel or under this section. ‘‘(c) LIABILITY.—No liability of any nature high level radioactive waste of domestic ori- ‘‘(c) FINANCIAL AND TECHNICAL ASSIST- shall accrue to be asserted against any offi- gin for the acceptance of title and posses- ANCE.— cial of any governmental unit of Nevada pre- sion, transportation, interim storage, and ‘‘(1) ASSISTANCE REQUESTS.—The Secretary mised solely upon the acceptance or use of disposal of such waste or spent fuel. Such is authorized to offer to provide financial benefits under this title. contracts shall provide for payment of an- and technical assistance to any affected In- ‘‘SEC. 304. RESTRICTIONS ON USE OF FUNDS. nual fees to the Secretary in the amounts set dian tribe or affected unit of local govern- ‘‘None of the funding provided under this by the Secretary pursuant to paragraphs (2) ment requesting such assistance. Such as- title may be used— and (3). Except as provided in paragraphs (3), sistance shall be designed to mitigate the ‘‘(1) directly or indirectly to influence leg- fees assessed pursuant to this paragraph impact on the affected Indian tribe or af- islative action on any matter pending before shall be paid to the Treasury of the United fected unit of local government of the devel- Congress or a State legislature or for any States and shall be available for use by the opment of the integrated management sys- lobbying activity as provided in section 1913 Secretary pursuant to this section until ex- tem. of title 18, United States Code; pended. Subsequent to the date of enactment ‘‘(2) REPORT.—Any affected Indian tribe or ‘‘(2) for litigation purposes; and of the Nuclear Waste Policy Act of 1996, the affected unit of local government may re- ‘‘(3) to support multistate efforts or other contracts executed under section 302(a) of quest assistance under this section by pre- coalition-building activities inconsistent the Nuclear Waste Policy Act of 1982 shall paring and submitting to the Secretary a re- with the purpose of this Act. continue in effect under this Act, provided port on the economic, social, public health ‘‘SEC. 305. LAND CONVEYANCES. that the Secretary shall consent to an and safety, and environmental impacts that ‘‘(a) CONVEYANCES OF PUBLIC LANDS.—One amendment to such contracts as necessary are likely to result from activities of the in- hundred and twenty days after enactment of to implement the provisions of this Act. tegrated management system. this Act, all right, title and interest of the ‘‘(2) ANNUAL FEES.— ‘‘(d) OTHER ASSISTANCE.— United States in the property described in ‘‘(A) For electricity generated by civilian ‘‘(1) TAXABLE AMOUNTS.—In addition to fi- subsection (b), and improvements thereon, nuclear power reactors and sold between nancial assistance provided under this sub- together with all necessary easements for January 7, 1983, and September 30, 2002, the section, the Secretary is authorized to grant utilities and ingress and egress to such prop- fee under paragraph (1) shall be equal to 1.0 to any affected Indian tribe or affected unit erty, including, but not limited to, the right mill per kilowatt hour generated and sold. of local government an amount each fiscal to improve those easements, are conveyed by For electricity generated by civilian nuclear year equal to the amount such affected In- operation of law to the County of Nye, Ne- power reactors and sold on or after October dian tribe or affected unit of local govern- vada, unless the county notifies the Sec- 1, 2002, the aggregate amount of fees col- ment, respectively, would receive if author- retary of the Interior or the head of such lected during each fiscal year shall be no ized to tax integrated management system other appropriate agency in writing within greater than the annual level of appropria- activities, as such affected Indian tribe or af- 60 days of such date of enactment that it tions for expenditures on those activities fected unit of local government taxes the elects not to take title to all or any part of consistent with subsection (d) for that fiscal non-Federal real property and industrial ac- the property, except that any lands conveyed year, minus— tivities occurring within such affected unit to the County of Nye under this subsection ‘‘(i) any unobligated balance collected pur- of local government. that are subject to a Federal grazing permit suant to this section during the previous fis- ‘‘(2) TERMINATION.—Such grants shall con- or lease or a similar federally granted permit cal year; and tinue until such time as all such activities, or lease shall be conveyed between 60 and 120 ‘‘(ii) the percentage of such appropriation development, and operations are terminated days of the earliest time the Federal agency required to be funded by the Federal Govern- at such site. administering or granting the permit or ment pursuant to section 403. ‘‘(3) ASSISTANCE TO INDIAN TRIBES AND lease would be able to legally terminate such The Secretary shall determine the level of UNITS OF LOCAL GOVERNMENT.— right under the statutes and regulations ex- the annual fee for each civilian nuclear ‘‘(A) PERIOD.—Any affected Indian tribe or isting at the date of enactment of this Act, power reactor based on the amount of elec- affected unit of local government may not unless Nye County and the affected holder of tricity generated and sold, except that the receive any grant under paragraph (1) after the permit or lease negotiate an agreement annual fee collected under this subparagraph the expiration of the 1-year period following that allows for an earlier conveyance. shall not exceed 1.0 mill per kilowatt-hour the date on which the Secretary notifies the ‘‘(b) SPECIAL CONVEYANCES.—Notwith- generated and sold. affected Indian tribe or affected unit of local standing any other law, the following public ‘‘(B) EXPENDITURES IF SHORTFALL.—If, dur- government of the termination of the oper- lands depicted on the maps and legal descrip- ing any fiscal year on or after October 1, ation of the integrated management system. tions dated October 11, 1995, and on file with 2002, the aggregate amount of fees assessed ‘‘(B) ACTIVITIES.—Any affected Indian tribe the Secretary shall be conveyed under sub- pursuant to subparagraph (A) is less than the or affected unit of local government may not section (a) to the County of Nye, Nevada: annual level of appropriations for expendi- receive any further assistance under this sec- Map 1: Proposed Pahrump Industrial Park tures on those activities specified in sub- tion if the integrated management system Site section (d) for that fiscal year, minus— July 23, 1996 CONGRESSIONAL RECORD — SENATE S8563

‘‘(i) any unobligated balance collected pur- Secretary for the disposal of spent nuclear ‘‘(e) APPROPRIATIONS.—The Secretary may suant to this section during the previous fis- fuel and high-level radioactive waste that make expenditures from the Nuclear Waste cal year; and may result from the use of such license. Fund, subject to appropriations, which shall ‘‘(ii) the percentage of such appropriations ‘‘(2) DISPOSAL IN REPOSITORY.—Except as remain available until expended. required to be funded by the Federal Govern- provided in paragraph (1), no spent nuclear ‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE ment pursuant to section 403, the Secretary fuel or high-level radioactive waste gen- WASTE MANAGEMENT. may make expenditures from the Nuclear erated or owned by any person (other than a ‘‘(a) ESTABLISHMENT.—There hereby is es- Waste Fund up to the level of the fees as- department of the United States referred to tablished within the Department of Energy sessed. in section 101 or 102 of title 5, United States an Office of Civilian Radioactive Waste Man- ‘‘(C) RULES.—The Secretary shall, by rule, Code) may be disposed of by the Secretary in agement. The Office shall be headed by a Di- establish procedures necessary to implement the repository unless the generator or owner rector, who shall be appointed by the Presi- this paragraph. of such spent fuel or waste has entered into dent, by and with the advice and consent of ‘‘(3) ONE-TIME FEE.—For spent nuclear fuel a contract under subsection (a) with the Sec- the Senate, and who shall be compensated at or solidified high-level radioactive waste de- retary by not later than the date on which the rate payable for level IV of the Executive rived from spent nuclear fuel, which fuel was such generator or owner commences genera- Schedule under section 5315 of title 5, United used to generate electricity in a civilian nu- tion of, or takes title to, such spent fuel or States Code. clear power reactor prior to January 7, 1983, waste. ‘‘(b) FUNCTIONS OF DIRECTOR.—The Director the fee shall be in an amount equivalent to ‘‘(3) ASSIGNMENT.—The rights and duties of of the Office shall be responsible for carrying an average charge of 1.0 mill per kilowatt- contract holders are assignable. out the functions of the Secretary under this hour for electricity generated by such spent ‘‘(c) NUCLEAR WASTE FUND.— Act, subject to the general supervision of the nuclear fuel, or such solidified high-level ‘‘(1) IN GENERAL.—The Nuclear Waste Fund Secretary. The Director of the Office shall be waste derived therefrom. Payment of such established in the Treasury of the United directly responsible to the Secretary. one-time fee prior to the date of enactment States under section 302(c) of the Nuclear ‘‘SEC. 403. FEDERAL CONTRIBUTION. of the Nuclear Waste Policy Act of 1996 shall Waste Policy Act of 1982 shall continue in ef- ‘‘(a) ALLOCATION.—No later than one year satisfy the obligation imposed under this fect under this Act and shall consist of— from the date of enactment of the Nuclear ‘‘(A) the existing balance in the Nuclear paragraph. Any one-time fee paid and col- Waste Policy Act of 1966, acting pursuant to Waste Fund on the date of enactment of the lected subsequent to the date of enactment section 554 of title 5, United States Code, the Nuclear Waste Policy Act of 1996; and Secretary shall issue a final rule establish- of the Nuclear Waste Policy Act of 1996 pur- ‘‘(B) all receipts, proceeds, and recoveries ing the appropriate portion of the costs of suant to the contracts, including any inter- realized under subsections (a), and (c)(3) sub- managing spent nuclear fuel and high-level est due pursuant to such contracts, shall be sequent to the date of enactment of the Nu- radioactive waste under this Act allocable to paid to the Nuclear Waste Fund no later clear Waste Policy Act of 1996, which shall be the interim storage or permanent disposal of than September 30, 2002. The Commission deposited in the Nuclear Waste Fund imme- spent nuclear fuel and high-level radioactive shall suspend the license of any licensee who diately upon their realization. waste from atomic energy defense activities fails or refuses to pay the full amount of the ‘‘(2) USE.—The Secretary may make ex- fee referred to in this paragraph on or before penditures from the Nuclear Waste Fund, and spent nuclear fuel from foreign research September 30, 2002, and the license shall re- subject to subsections (d) and (e), only for reactors. The share of costs allocable to the main suspended until the full amount of the purposes of the integrated management sys- management of spent nuclear fuel and high- fee referred to in this paragraph is paid. The tem. level radioactive waste from atomic energy person paying the fee under this paragraph ‘‘(3) ADMINISTRATION OF NUCLEAR WASTE defense activities and spent nuclear fuel to the Secretary shall have no further finan- FUND— from foreign research reactors shall include, cial obligation to the Federal Government ‘‘(A) IN GENERAL.—The Secretary of the ‘‘(1) an appropriate portion of the costs as- for the long-term storage and permanent dis- Treasury shall hold the Nuclear Waste Fund sociated with research and development ac- posal of spent fuel or high-level radioactive and, after consultation with the Secretary, tivities with respect to development of an in- waste derived from spent nuclear fuel used to annually report to the Congress on the finan- terim storage facility and repository; and generate electricity in a civilian power reac- cial condition and operations of the Nuclear ‘‘(2) as appropriate, interest on the prin- cipal amounts due calculated by reference to tor prior to January 7, 1983. Waste Fund during the preceding fiscal year. the appropriate Treasury bill rate as if the ‘‘(4) ADJUSTMENTS TO FEE.—The Secretary ‘‘(B) AMOUNTS IN EXCESS OF CURRENT shall annually review the amount of the fees NEEDS.—If the Secretary determines that the payments were made at a point in time con- established by paragraphs (2) and (3), to- Nuclear Waste Fund contains at any time sistent with the payment dates for spent nu- gether with the existing balance of the Nu- amounts in excess of current needs, the Sec- clear fuel and high-level radioactive waste clear Waste Fund on the date of enactment retary may request the Secretary of the under the contracts. ‘‘(b) APPROPRIATION REQUEST.—In addition of the Nuclear Waste Policy Act of 1996, to Treasury to invest such amounts, or any por- to any request for an appropriation from the evaluate whether collection of the fee will tion of such amounts as the Secretary deter- Nuclear Waste Fund, the Secretary shall re- mines to be appropriate, in obligations of the provide sufficient revenues to offset the quest annual appropriations from general United States— costs as defined in subsection (c)(2). In the revenues in amounts sufficient to pay the event the Secretary determines that the rev- ‘‘(i) having maturities determined by the Secretary of the Treasury to be appropriate costs of the management of spent nuclear enues being collected are either insufficient fuel and high-level radioactive waste from or excessive to recover the costs incurred by to the needs of the Nuclear Waste Fund; and ‘‘(ii) bearing interest at rates determined atomic energy defense activities and spent the Federal Government that are specified in nuclear fuel from foreign research reactors, subsection (c)(2), the Secretary shall propose to be appropriate by the Secretary of the Treasury, taking into consideration the cur- as established under subsection (a). an adjustment to the fee in subsection (c)(2) ‘‘(c) REPORT.—In conjunction with the an- to ensure full cost recovery. The Secretary rent average market yield on outstanding marketable obligations of the United States nual report submitted to Congress under sec- shall immediately transmit the proposal for tion 702, the Secretary shall advise the Con- such an adjustment to both houses of Con- with remaining periods to maturity com- parable to the maturities of such invest- gress annually of the amount of spent nu- gress. clear fuel and high-level radioactive waste ‘‘(b) ADVANCE CONTRACTING REQUIRE- ments, except that the interest rate on such investments shall not exceed the average in- from atomic energy defense activities and MENT.— spent nuclear fuel from foreign research re- ‘‘(1) IN GENERAL.— terest rate applicable to existing borrowings. actors, requiring management in the inte- ‘‘(A) LICENSE ISSUANCE AND RENEWAL.—The ‘‘(C) EXEMPTION.—Receipts, proceeds, and grated management system. Commission shall not issue or renew a li- recoveries realized by the Secretary under ‘‘(d) AUTHORIZATION.—There is authorized cense to any person to use a utilization or this section, and expenditures of amounts to be appropriated to the Secretary, from production facility under the authority of from the Nuclear Waste Fund, shall be ex- general revenues, for carrying out the pur- section 103 or 104 of the Atomic Energy Act empt from annual apportionment under the poses of this Act, such sums as may be nec- of 1954 (42 U.S.C. 2133, 2134) unless— provisions of subchapter II of chapter 15 of essary to pay the costs of the management of ‘‘(i) such person has entered into a con- title 31, United States Code. spent nuclear fuel and high-level radioactive tract under subsection (a) with the Sec- ‘‘(d) BUDGET.—The Secretary shall submit waste from atomic energy defense activities retary; or the budget for implementation of the Sec- ‘‘(ii) the Secretary affirms in writing that retary’s responsibilities under this Act to and spent nuclear fuel from foreign research such person is actively and in good faith ne- the Office of Management and Budget annu- reactors, as established under subsection (a). gotiating with the Secretary for a contract ally along with the budget of the Depart- ‘‘TITLE V—GENERAL AND under this section. ment of Energy submitted at such time in MISCELLANEOUS PROVISIONS ‘‘(B) PRECONDITION.—The Commission, as it accordance with chapter 11 of title 31, United ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS. deems necessary or appropriate, may require States Code. The budget shall consist of the ‘‘If the requirements of any Federal, State, as a precondition to the issuance or renewal estimates made by the Secretary of expendi- or local law (including a requirement im- of a license under section 103 or 104 of the tures under this Act and other relevant fi- posed by regulation or by any other means Atomic Energy Act of 1954 (42 U.S.C. 2133, nancial matters for the succeeding 3 fiscal under such a law) are inconsistent with or 2134) that the applicant for such license shall years, and shall be included in the budget of duplicative of the requirements of the Atom- have entered into an agreement with the the United States Government. ic Energy Act of 1954 (42 U.S.C. 2011 et seq.) S8564 CONGRESSIONAL RECORD — SENATE July 23, 1996 or of this Act, the Secretary shall comply may be relied upon by the parties during oral ‘‘SEC. 504. SITING A SECOND REPOSITORY. only with the requirements of the Atomic argument. Of the materials that may be sub- ‘‘(a) CONGRESSIONAL ACTION REQUIRED.— Energy Act of 1954 and of this Act in imple- mitted by the parties during oral argument, The Secretary may not conduct site-specific menting the integrated management system. the Commission shall only consider those activities with respect to a second repository ‘‘SEC. 502. JUDICIAL REVIEW OF AGENCY AC- facts and data that are submitted in the unless Congress has specifically authorized TIONS. form of sworn testimony or written submis- and appropriated funds for such activities. ‘‘(b) REPORT.—The Secretary shall report ‘‘(a) JURISDICTION OF THE UNITED STATES sion. to the President and to Congress on or after COURTS OF APPEALS.— ‘‘(b) ADJUDICATORY HEARING.— January 1, 2007, but not later than January 1, ‘‘(1) ORIGINAL AND EXCLUSIVE JURISDIC- ‘‘(1) DESIGNATION.—At the conclusion of 2010, on the need for a second repository. TION.—Except for review in the Supreme any oral argument under subsection (a), the Court of the United States, and except as Commission shall designate any disputed ‘‘SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW- otherwise provided in this Act, the United question of fact, together with any remain- LEVEL RADIOACTIVE WASTE SITE CLOSURE. States courts of appeals shall have original ing questions of law, for resolution in an ad- judicatory hearing only if it determines ‘‘(a) FINANCIAL ARRANGEMENTS.— and exclusive jurisdiction over any civil ac- ‘‘(1) STANDARDS AND INSTRUCTIONS.—The that— tion— Commission shall establish by rule, regula- ‘‘(A) there is a genuine and substantial dis- ‘‘(A) for review of any final decision or ac- tion, or order, after public notice, and in ac- pute of fact which can only be resolved with tion of the Secretary, the President, or the cordance with section 181 of the Atomic En- sufficient accuracy by the introduction of Commission under this Act; ergy Act of 1954 (42 U.S.C. 2231), such stand- evidence in an adjudicatory hearing; and ‘‘(B) alleging the failure of the Secretary, ards and instructions as the Commission ‘‘(B) the decision of the Commission is the President, or the Commission to make may deem necessary or desirable to ensure in likely to depend in whole or in part on the any decision, or take any action, required the case of each license for the disposal of resolution of such dispute. under this Act; low-level radioactive waste that an adequate ‘‘(2) DETERMINATION.—In making a deter- ‘‘(C) challenging the constitutionality of bond, surety, or other financial arrangement mination under this subsection, the Commis- any decision made, or action taken, under (as determined by the Commission) will be sion— any provision of this Act; or provided by a licensee to permit completion ‘‘(D) for review of any environmental im- ‘‘(A) shall designate in writing the specific facts that are in genuine and substantial dis- of all requirements established by the Com- pact statement prepared or environmental mission for the decontamination, decommis- pute, the reason why the decision of the assessment pursuant to the National Envi- sioning, site closure, and reclamation of site, agency is likely to depend on the resolution ronmental Policy Act of 1969 (42 U.S.C. 4321 structures, and equipment used in conjunc- of such facts, and the reason why an adju- et seq.) with respect to any action under this tion with such low-level radioactive waste. dicatory hearing is likely to resolve the dis- Act or alleging a failure to prepare such Such financial arrangements shall be pro- pute; and statement with respect to any such action. vided and approved by the Commission, or, ‘‘(B) shall not consider— ‘‘(2) VENUE.—The venue of any proceeding ‘‘(i) any issue relating to the design, con- in the case of sites within the boundaries of under this section shall be in the judicial cir- struction, or operation of any civilian nu- any agreement State under section 274 of the cuit in which the petitioner involved resides Atomic Energy Act of 1954 (42 U.S.C. 2021), by clear power reactor already licensed to oper- or has its principal office, or in the United the appropriate State or State entity, prior ate at such site, or any civilian nuclear States Court of Appeals for the District of to issuance of licenses for low-level radio- power reactor to which a construction per- Columbia Circuit. active waste disposal or, in the case of li- mit has been granted at such site, unless the ‘‘(b) DEADLINE FOR COMMENCING ACTION.—A censes in effect on January 7, 1983, prior to Commission determines that any such issue civil action for judicial review described termination of such licenses. substantially affects the design, construc- under subsection (a)(1) may be brought no ‘‘(2) BONDING, SURETY, OR OTHER FINANCIAL tion, or operation of the facility or activity later than 180 days after the date of the deci- ARRANGEMENTS.—If the Commission deter- for which such license application, author- sion or action or failure to act involved, as mines that any long-term maintenance or ization, or amendment is being considered; the case may be, except that if a party shows monitoring, or both, will be necessary at a or that he did not know of the decision or ac- site described in paragraph (1), the Commis- ‘‘(ii) any siting or design issue fully consid- sion shall ensure before termination of the tion complained of (or of the failure to act), ered and decided by the Commission in con- and that a reasonable person acting under license involved that the licensee has made nection with the issuance of a construction available such bonding, surety, or other fi- the circumstances would not have known, permit or operating license for a civilian nu- such party may bring a civil action no later nancial arrangements as may be necessary clear power reactor at such site, unless to ensure that any necessary long-term than 180 days after the date such party ac- ‘‘(I) such issue results from any revision of maintenance or monitoring needed for such quired actual or constructive knowledge of siting or design criteria by the Commission site will be carried out by the person having such decision, action, or failure to act. following such decision; and title and custody for such site following li- ‘‘(c) APPLICATION OF OTHER LAW.—The pro- ‘‘(II) the Commission determines that such cense termination. visions of this section relating to any matter issue substantially affects the design, con- ‘‘(b) TITLE AND CUSTODY.— shall apply in lieu of the provisions of any struction, or operation of the facility or ac- other Act relating to the same matter. ‘‘(1) AUTHORITY OF SECRETARY.—The Sec- tivity for which such license application, au- retary shall have authority to assume title ‘‘SEC. 503. LICENSING OF FACILITY EXPANSIONS thorization, or amendment is being consid- and custody of low-level radioactive waste AND TRANSSHIPMENTS. ered. and the land on which such waste is disposed ‘‘(a) ORAL ARGUMENT.—In any Commission ‘‘(3) APPLICATION.—The provisions of para- of, upon request of the owner of such waste hearing under section 189 of the Atomic En- graph (2)(B) shall apply only with respect to and land and following termination of the li- ergy Act of 1954 (42 U.S.C. 2239) on an appli- licenses, authorizations, or amendments to cense issued by the Commission for such dis- cation for a license, or for an amendment to licenses or authorizations, applied for under posal, if the Commission determines that— an existing license, filed after January 7, the Atomic Energy Act of 1954 (42 U.S.C. 2011 ‘‘(A) the requirements of the Commission 1983, to expand the spent nuclear fuel storage et seq.) before December 31, 2005. for site closure, decommissioning, and de- capacity at the site of a civilian nuclear ‘‘(4) CONSTRUCTION.—The provisions of this contamination have been met by the licensee power reactor, through the use of high-den- section shall not apply to the first applica- involved and that such licensee is in compli- sity fuel storage racks, fuel rod compaction, tion for a license or license amendment re- ance with the provisions of subsection (a); the transshipment of spent nuclear fuel to ceived by the Commission to expand onsite ‘‘(B) such title and custody will be trans- another civilian nuclear power reactor with- spent fuel storage capacity by the use of a ferred to the Secretary without cost to the in the same utility system, the construction new technology not previously approved for Federal Government; and of additional spent nuclear fuel pool capac- use at any nuclear power plant by the Com- ‘‘(C) Federal ownership and management of ity or dry storage capacity, or by other mission. such site is necessary or desirable in order to means, the Commission shall, at the request ‘‘(c) JUDICIAL REVIEW.—No court shall hold protect the public health and safety, and the of any party, provide an opportunity for oral unlawful or set aside a decision of the Com- environment. argument with respect to any matter which mission in any proceeding described in sub- ‘‘(2) PROTECTION.—If the Secretary assumes the Commission determines to be in con- section (a) because of failure by the Commis- title and custody of any such waste and land troversy among the parties. The oral argu- sion to use a particular procedure pursuant under this subsection, the Secretary shall ment shall be preceded by such discovery to this section unless— maintain such waste and land in a manner procedures as the rules of the Commission ‘‘(1) an objection to the procedure used was that will protect the public health and safe- shall provide. The Commission shall require presented to the Commission in a timely ty, and the environment. each party, including the Commission staff, fashion or there are extraordinary cir- ‘‘(c) SPECIAL SITES.—If the low-level radio- to submit in written form, at the time of the cumstances that excuse the failure to active waste involved is the result of a li- oral argument, a summary of the facts, data, present a timely objection; and censed activity to recover zirconium, haf- and arguments upon which such party pro- ‘‘(2) the court finds that such failure has nium, and rare earths from source material, poses to rely that are known at such time to precluded a fair consideration and informed the Secretary, upon request of the owner of such party. Only facts and data in the form resolution of a significant issue of the pro- the site involved, shall assume title and cus- of sworn testimony or written submission ceeding taken as a whole. tody of such waste and the land on which it July 23, 1996 CONGRESSIONAL RECORD — SENATE S8565 is disposed when such site has been decon- Pilot Program to decommission and decon- ‘‘(II) a national laboratory under contract taminated and stabilized in accordance with taminate the sodium-cooled fast breeder ex- with the Department of Energy; or the requirements established by the Com- periment test-site reactor located in north- ‘‘(III) an entity performing spent nuclear mission and when such owner has made ade- west Arkansas. fuel or high-level radioactive waste activi- quate financial arrangements approved by ‘‘(b) FUNDING.—No funds from the Nuclear ties under contract with the Department of the Commission for the long-term mainte- Waste Fund may be used for the Decommis- Energy. nance and monitoring of such site. sioning Pilot Program. ‘‘(4) VACANCIES.—Any vacancy on the ‘‘SEC. 506. NUCLEAR REGULATORY COMMISSION ‘‘SEC. 510. WATER RIGHTS. Board shall be filled by the nomination and TRAINING AUTHORIZATION. ‘‘(a) NO FEDERAL RESERVATION.—Nothing appointment process described in paragraphs ‘‘The Commission is authorized and di- in this Act or any other Act of Congress (1) and (3). rected to promulgate regulations, or other shall constitute or be construed to con- ‘‘(5) TERMS.—Members of the Board shall appropriate regulatory guidance, for the stitute either an express or implied Federal be appointed for terms of 4 years, each such training and qualifications of civilian nu- reservation of water or water rights for any term to commence 120 days after December clear power plant operators, supervisors, purpose arising under this Act. 22, 1987, except that of the 11 members first technicians, and other appropriate operating ‘‘(b) ACQUISITION AND EXERCISE OF WATER appointed to the Board, 5 shall serve for 2 personnel. Such regulations or guidance RIGHTS UNDER NEVADA LAW.—The United years and 6 shall serve for 4 years, to be des- shall establish simulator training require- States may acquire and exercise such water ignated by the President at the time of ap- ments for applicants for civilian nuclear rights as it deems necessary to carry out its pointment, except that a member of the power plant operator licenses and for opera- responsibilities under this Act pursuant to Board whose term has expired may continue tor requalification programs; requirements the substantive and procedural requirements to serve as a member of the Board until such governing Commission administration of re- of the State of Nevada. Nothing in this Act member’s successor has taken office. qualification examinations; requirements for shall be construed to authorize the use of ‘‘SEC. 603. FUNCTIONS. operating tests at civilian nuclear power eminent domain by the United States to ac- ‘‘The Board shall limit its evaluations to plant simulators, and instructional require- quire water rights for such lands. the technical and scientific validity solely of ments for civilian nuclear power plant li- ‘‘(c) EXERCISE OF WATER RIGHTS GEN- the following activities undertaken directly censee personnel training programs. ERALLY UNDER NEVADA LAWS.—Nothing in by the Secretary after December 22, 1987— ‘‘SEC. 507. EMPLACEMENT SCHEDULE. this Act shall be construed to limit the exer- ‘‘(1) site characterization activities; and ‘‘(a) The emplacement schedule shall be cise of water rights as provided under Ne- ‘‘(2) activities of the Secretary relating to implemented in accordance with the follow- vada State laws. the packaging or transportation of spent nu- ing: clear fuel or high-level radioactive waste. ‘‘(1) Emplacement priority ranking shall ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL ‘‘SEC. 604. INVESTIGATORY POWERS. be determined by the Department’s annual REVIEW BOARD ‘‘(a) HEARINGS.—Upon request of the Chair- ‘Acceptance Priority Ranking’ report. ‘‘SEC. 601. DEFINITIONS. ‘‘(2) The Secretary’s spent fuel emplace- ‘‘For purposes of this title— man or a majority of the members of the Board, the Board may hold such hearings, sit ment rate shall be no less than the following: ‘‘(1) CHAIRMAN.—The term ‘‘Chairman’’ 1,200 MTU in fiscal year 2000 and 1,200 MTU means the Chairman of the Nuclear Waste and act at such times and places, take such in fiscal year 2001; 2,000 MTU in fiscal year Technical Review Board. testimony, and receive such evidence, as the 2002 and 2000 MTU in fiscal year 2003; 2,700 ‘‘(2) BOARD.—The term ‘‘Board’’ means the Board considers appropriate. Any member of MTU in fiscal year 2004; and 3,000 MTU annu- Nuclear Waste Technical Review Board con- the Board may administer oaths or affirma- ally thereafter. tinued under section 602. tions to witnesses appearing before the Board. The Secretary or the Secretary’s des- ‘‘(b) If the Secretary is unable to begin em- ‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW placement by January 31, 1999 at the rates BOARD. ignee or designees shall not be required to appear before the Board or any element of specified in subsection (a), or if the cumu- ‘‘(a) CONTINUATION OF THE NUCLEAR WASTE the Board for more than twelve working lative amount emplaced in any year there- TECHNICAL REVIEW BOARD.—The Nuclear after is less than that which would have been Waste Technical Review Board, established days per calendar year. ‘‘(b) PRODUCTION OF DOCUMENTS.— accepted under the emplacement rate speci- under section 502(a) of the Nuclear Waste ‘‘(1) RESPONSE TO INQUIRIES.—Upon the re- fied in subsection (a), the Secretary shall, as Policy Act of 1982 as constituted prior to the quest of the Chairman or a majority of the a mitigation measure, adjust the emplace- date of enactment of the Nuclear Waste Pol- members of the Board, and subject to exist- ment schedule upward such that within 5 icy Act of 1966, shall continue in effect subse- ing law, the Secretary (or any contractor of years of the start of emplacement by the quent to the date of enactment of the Nu- the Secretary) shall provide the Board with Secretary, clear Waste Policy Act of 1996. such records, files, papers, data, or informa- ‘‘(1) the total quantity accepted by the ‘‘(b) MEMBERS.— tion that is generally available to the public Secretary is consistent with the total quan- ‘‘(1) NUMBER.—The Board shall consist of 11 tity that the Secretary would have accepted members who shall be appointed by the as may be necessary to respond to any in- if the Secretary had begun emplacement in President not later than 90 days after De- quiry of the Board under this title. ‘‘(2) EXTENT.—Subject to existing law, in- fiscal year 2000, and cember 22, 1987, from among persons nomi- formation obtainable under paragraph (1) ‘‘(2) thereafter the emplacement rate is nated by the National Academy of Sciences may include drafts of products and docu- equivalent to the rate that would be in place in accordance with paragraph (3). mentation of work in progress. pursuant to paragraph (a) above if the Sec- ‘‘(2) CHAIR.—The President shall designate retary had commenced emplacement in fis- a member of the Board to serve as Chairman. ‘‘SEC. 605. COMPENSATION OF MEMBERS. cal year 2000. ‘‘(3) NATIONAL ACADEMY OF SCIENCES.— ‘‘(a) IN GENERAL.—Each member of the ‘‘SEC. 508. TRANSFER OF TITLE. ‘‘(A) NOMINATIONS.—The National Academy Board shall be paid at the rate of pay pay- ‘‘(a) Acceptance by the Secretary of any of Sciences shall, not later than 90 days after able for level III of the Executive Schedule spent nuclear fuel or high-level radioactive December 22, 1987, nominate not less than 22 for each day (including travel time) such waste shall constitute a transfer of title to persons for appointment to the Board from member is engaged in the work of the Board. the Secretary. among persons who meet the qualifications ‘‘(b) TRAVEL EXPENSES.—Each member of ‘‘(b) No later than 6 months following the described in subparagraph (C). the Board may receive travel expenses, in- date of enactment of the Nuclear Waste Pol- ‘‘(B) VACANCIES.—The National Academy of cluding per diem in lieu of subsidence, in the icy Act of 1996, the Secretary is authorized Sciences shall nominate not less than 2 per- same manner as is permitted under sections to accept all spent nuclear fuel withdrawn sons to fill any vacancy on the Board from 5702 and 5703 of title 5, United States Code. from Dairyland Power Cooperative’s La among persons who meet the qualifications ‘‘SEC. 606. STAFF. Crosse Reactor and, upon acceptance, shall described in subparagraph (C). ‘‘(a) CLERICAL STAFF.— provide Dairyland Power Cooperative with ‘‘(C) NOMINEES.— ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to evidence of the title transfer. Immediately ‘‘(i) Each person nominated for appoint- paragraph (2), the Chairman may appoint upon the Secretary’s acceptance of such ment to the Board shall be— and fix the compensation of such clerical spent nuclear fuel, the Secretary shall as- ‘‘(I) eminent in a field of science or engi- staff as may be necessary to discharge the sume all responsibility and liability for the neering, including environmental sciences; responsibilities of the Board. interim storage and permanent disposal and ‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff thereof and is authorized to compensate ‘‘(II) selected solely on the basis of estab- shall be appointed subject to the provisions Dairyland Power Cooperative for any costs lished records of distinguished service. of title 5, United States Code, governing ap- related to operating and maintaining facili- ‘‘(ii) The membership of the Board shall be pointments in the competitive service, and ties necessary for such storage from the date representatives of the broad range of sci- shall be paid in accordance with the provi- of acceptance until the Secretary removes entific and engineering disciplines related to sions of chapter 51 and subchapter III of the spent nuclear fuel from the La Crosse activities under this title. chapter 3 of such title relating to classifica- Reactor site.’’ ‘‘(iii) No person shall be nominated for ap- tion and General Schedule pay rates. ‘‘SEC. 509. DECOMMISSIONING PILOT PROGRAM. pointment to the Board who is an employee ‘‘(b) PROFESSIONAL STAFF.— ‘‘(a) AUTHORIZATION.—The Secretary is au- of— ‘‘(1) AUTHORITY OF THE CHAIRMAN.—Subject thorized to establish a Decommissioning ‘‘(I) the Department of Energy; to paragraphs (2) and (3), the Chairman may S8566 CONGRESSIONAL RECORD — SENATE July 23, 1996

appoint and fix the compensation of such ‘‘(2) TIME.—The management practices and ‘‘SEC. 703. EFFECTIVE DATE. professional staff as may be necessary to dis- performances of the Office of Civilian Radio- ‘‘This Act shall become effective one day charge the responsibilities of the Board. active Waste Management shall be audited after enactment.’’. ‘‘(2) NUMBER.—Not more than 10 profes- every 5 years by an independent manage- sional staff members may be appointed ment consulting firm with significant expe- AMENDMENT NO. 4985 under this subsection. rience in similar audits of private corpora- In lieu of the matter to be inserted, insert ‘‘(3) TITLE 5.—Professional staff members tions engaged in large nuclear construction the following: may be appointed without regard to the pro- projects. The first such audit shall be con- That the Nuclear Waste Policy Act of 1982 visions of title 5, United States Code, govern- ducted 5 years after the enactment of the is amended to read as follows: ing appointments in the competitive service, Nuclear Waste Policy Act of 1996. ‘‘SECTION 1. SHORT TITLE AND TABLE OF CON- and may be paid without regard to the provi- ‘‘(3) COMPTROLLER GENERAL.—The Comp- TENTS. sions of chapter 51 and subchapter III of troller General of the United States shall an- ‘‘(a) SHORT TITLE.—This Act may be cited chapter 53 of such title relating to classifica- nually make an audit of the Office, in ac- as the ‘Nuclear Waste Policy Act of 1996’. tion and General Schedule pay rates, except cordance with such regulations as the Comp- ‘‘(b) TABLE OF CONTENTS.— that no individual so appointed may receive troller General may prescribe. The Comp- ‘‘Sec. 1. Short title and table of contents. pay in excess of the annual rate of basic pay troller General shall have access to such ‘‘Sec. 2. Definitions. payable for GS–18 of the General Schedule. books, records, accounts, and other mate- ‘‘TITLE I—OBLIGATIONS ‘‘SEC. 607. SUPPORT SERVICES. rials of the Office as the Comptroller General ‘‘Sec. 101. Obligations of the Secretary of ‘‘(a) GENERAL SERVICES.—To the extent determines to be necessary for the prepara- permitted by law and requested by the Chair- tion of such audit. The Comptroller General Energy. man, the Administrator of General Services shall submit to the Congress a report on the ‘‘TITLE II—INTEGRATED MANAGEMENT shall provide the Board with necessary ad- results of each audit conducted under this SYSTEM ministrative services, facilities, and support section. ‘‘Sec. 201. Intermodal transfer. on a reimbursable basis. ‘‘(4) TIME.—No audit contemplated by this ‘‘Sec. 202. Transportation planning. ‘‘(b) ACCOUNTING, RESEARCH, AND TECH- subsection shall take longer than 30 days to ‘‘Sec. 203. Transportation requirements. NOLOGY ASSESSMENT SERVICES.—The Comp- conduct. An audit report shall be issued in ‘‘Sec. 204. Interim storage. troller General and the Librarian of Congress final form no longer than 60 days after the ‘‘Sec. 205. Permanent repository. shall, to the extent permitted by law and audit is commenced. ‘‘Sec. 206. Land withdrawal. subject to the availability of funds, provide ‘‘(5) PUBLIC DOCUMENTS.—All audit reports ‘‘TITLE III—LOCAL RELATIONS shall be public documents and available to the Board with such facilities, support, funds ‘‘Sec. 301. Financial assistance. and services including staff, as may be nec- any individual upon request. ‘‘(d) VALUE ENGINEERING.—The Secretary ‘‘Sec. 302. On-site representative. essary for the effective performance of the ‘‘Sec. 303. Acceptance of benefits. functions of the Board. shall create a value engineering function within the Office of Civilian Radioactive ‘‘Sec. 304. Restrictions on use of funds. ‘‘(c) ADDITIONAL SUPPORT.—Upon the re- ‘‘Sec. 305. Land conveyances. quest of the Chairman, the Board may secure Waste Management that reports directly to the Director, which shall carry out value en- ‘‘TITLE IV—FUNDING AND directly from the head of any department or ORGANIZATION agency of the United States information nec- gineering functions in accordance with the ‘‘Sec. 401. Program funding. essary to enable it to carry out this title. usual and customary practices of private corporations engaged in large nuclear con- ‘‘Sec. 402. Office of Civilian Radioactive ‘‘(d) MAILS.—The Board may use the Unit- Waste Management. ed States mails in the same manner and struction projects. ‘‘(e) SITE CHARACTERIZATION.—The Sec- ‘‘Sec. 403. Federal contribution. under the same conditions as other depart- retary shall employ, on an on-going basis, in- ments and agencies of the United States. ‘‘TITLE V—GENERAL AND tegrated performance modeling to identify ‘‘(e) EXPERTS AND CONSULTANTS.—Subject MISCELLANEOUS PROVISIONS to such rules as may be prescribed by the appropriate parameters for the remaining ‘‘Sec. 501. Compliance with other laws. Board, the Chairman may procure temporary site characterization effort and to eliminate ‘‘Sec. 502. Judicial review of agency actions. and intermittent services under section studies of parameters that are shown not to ‘‘Sec. 503. Licensing of facility expansions 3109(b) of title 5 of the United States Code, affect long-term repository performance. and transshipments. but at rates for individuals not to exceed the ‘‘SEC. 702. REPORTING. ‘‘Sec. 504. Siting a second repository. daily equivalent of the maximum annual ‘‘(a) INITIAL REPORT.—Within 180 days of ‘‘Sec. 505. Financial arrangements for low- rate of basic pay payable for GS–18 of the enactment of this section, the Secretary level radioactive waste site clo- General Schedule. shall report to Congress on its planned ac- sure. tions for implementing the provisions of this ‘‘SEC. 608. REPORT. ‘‘Sec. 506. Nuclear Regulatory Commission Act, including the development of the Inte- ‘‘The Board shall report not less than 2 training authority. grated Waste Management System. Such re- ‘‘Sec. 507. Emplacement schedule. times per year to Congress and the Secretary port shall include— ‘‘Sec. 508. Transfer of title. its findings, conclusions, and recommenda- ‘‘(1) an analysis of the Secretary’s progress ‘‘Sec. 509. Decommissioning pilot program. tions. in meeting its statutory and contractual ob- ‘‘Sec. 510. Water rights. ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. ligation to accept title to, possession of, and ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL ‘‘There are authorized to be appropriated delivery of spent nuclear fuel and high-level REVIEW BOARD for expenditures such sums as may be nec- radioactive waste beginning no later than ‘‘Sec. 601. Definitions. essary to carry out the provisions of this November 30, 1999, and in accordance with title. ‘‘Sec. 602. Nuclear Waste Technical Review the acceptance schedule; Board. ‘‘SEC. 610. TERMINATION OF THE BOARD. ‘‘(2) a detailed schedule and timeline show- ‘‘Sec. 603. Functions. ‘‘The Board shall cease to exist not later ing each action that the Secretary intends to ‘‘Sec. 604. Investigatory powers. than one year after the date on which the take to meet the Secretary’s obligations ‘‘Sec. 605. Compensation of members. Secretary begins disposal of spent nuclear under this Act and the contracts; ‘‘Sec. 606. Staff. fuel or high-level radioactive waste in the re- ‘‘(3) a detailed description of the Sec- ‘‘Sec. 607. Support services. pository. retary’s contingency plans in the event that ‘‘Sec. 608. Report. ‘‘TITLE VII—MANAGEMENT REFORM the Secretary is unable to meet the planned ‘‘Sec. 609. Authorization of appropriations. schedule and timeline; and ‘‘Sec. 610. Termination of the board. ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES. ‘‘(4) an analysis by the Secretary of its ‘‘TITLE VII—MANAGEMENT REFORM ‘‘(a) IN GENERAL.—The Secretary is di- funding needs for fiscal years 1997 through rected to take actions as necessary to im- 2001. ‘‘Sec. 701. Management reform initatives. prove the management of the civilian radio- ‘‘(b) ANNUAL REPORTS.—On each anniver- ‘‘Sec. 702. Reporting. active waste management program to ensure sary of the submittal of the report required ‘‘Sec. 703. Effective date. that the program is operated, to the maxi- by subsection (a), the Secretary shall make ‘‘SEC. 2. DEFINITIONS. mum extent practicable, in like manner as a annual reports to the Congress for the pur- ‘‘For purposes of this Act: private business. pose of updating the information contained ‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘ac- ‘‘(b) AUDITS— in such report. The annual reports shall be cept’ and ‘acceptance’ mean the Secretary’s ‘‘(1) STANDARD.—The Office of Civilian Ra- brief and shall notify the Congress of: act of taking possession of spent nuclear fuel dioactive Waste Management, its contrac- ‘‘(1) any modifications to the Secretary’s or high-level radioactive waste. tors, and subcontractors at all tiers, shall schedule and timeline for meeting its obliga- ‘‘(2) AFFECTED INDIAN TRIBE.—The term ‘af- conduct, or have conducted, audits and ex- tions under this Act; fected Indian tribe’ means any Indian tribe— aminations of their operations in accordance ‘‘(2) the reasons for such modifications, ‘‘(A) whose reservation is surrounded by or with the usual and customary practices of and the status of the implementation of any borders an affected unit of local government, private corporations engaged in large nu- of the Secretary’s contingency plans; and or clear construction projects consistent with ‘‘(3) the Secretary’s analysis of its funding ‘‘(B) whose federally defined possessory or its role in the program. needs for the ensuing 5 fiscal years. usage rights to other lands outside of the July 23, 1996 CONGRESSIONAL RECORD — SENATE S8567 reservation’s boundaries arising out of con- ‘‘(A) the highly radioactive material re- posal of spent nuclear fuel and high-level ra- gressionally ratified treaties may be sub- sulting from the reprocessing of spent nu- dioactive waste, including both surface and stantially and adversely affected by the lo- clear fuel, including liquid waste produced subsurface areas at which spent nuclear fuel cating of an interim storage facility or a re- directly in reprocessing and any solid mate- and high-level radioactive waste receipt, pository if the Secretary of the Interior rial derived from such liquid waste that con- handling, possession, safeguarding, and stor- finds, upon the petition of the appropriate tains fission products in sufficient con- age are conducted. governmental officials of the tribe, that such centrations; and ‘‘(26) SECRETARY.—The term ‘Secretary’ effects are both substantial and adverse to ‘‘(B) other highly radioactive material that means the Secretary of Energy. the tribe. the Commission, consistent with existing ‘‘(27) SITE CHARACTERIZATION.—The term ‘‘(3) AFFECTED UNIT OF LOCAL GOVERN- law, determines by rule requires permanent ‘site characterization’ means activities, MENT.—The term ‘affected unit of local gov- isolation, which includes any low-level ra- whether in a laboratory or in the field, un- ernment’ means the unit of local government dioactive waste with concentrations of radio- dertaken to establish the geologic condition with jurisdiction over the site of a repository nuclides that exceed the limits established and the ranges of the parameters of a can- or interim storage facility. Such term may, by the Commission for class C radioactive didate site relevant to the location of a re- at the discretion of the Secretary, include waste, as defined by section 61.55 of title 10, pository, including borings, surface exca- other units of local government that are con- Code of Federal Regulations, as in effect on vations, excavations of exploratory facili- tiguous with such unit. January 26, 1983. ties, limited subsurface lateral excavations ‘‘(4) ATOMIC ENERGY DEFENSE ACTIVITY.— ‘‘(15) FEDERAL AGENCY.—The term ‘Federal and borings, and in situ testing needed to The term ‘atomic energy defense activity’ agency’ means any Executive agency, as de- evaluate the licensability of a candidate site means any activity of the Secretary per- fined in section 105 of title 5, United States for the location of a repository, but not in- formed in whole or in part in carrying out Code. cluding preliminary borings and geophysical any of the following functions: ‘‘(16) INDIAN TRIBE.—The term ‘Indian testing needed to assess whether site charac- ‘‘(A) Naval reactors development. tribe’ means any Indian tribe, band, nation, terization should be undertaken. ‘‘(B) Weapons activities including defense or other organized group or community of ‘‘(28) SPENT NUCLEAR FUEL.—The term inertial confinement fusion. Indians recognized as eligible for the services ‘spent nuclear fuel’ means fuel that has been ‘‘(C) Verification and control technology. provided to Indians by the Secretary of the withdrawn from a nuclear reactor following ‘‘(D) Defense nuclear materials production. Interior because of their status as Indians in- irradiation, the constituent elements of ‘‘(E) Defense nuclear waste and materials cluding any Alaska Native village, as defined which have not been separated by reprocess- byproducts management. in section 3(c) of the Alaska Native Claims ing. ‘‘(F) Defense nuclear materials security Settlement Act (43 U.S.C. 1602(c)). ‘‘(29) STORAGE.—The term ‘storage’ means and safeguards and security investigations. ‘‘(17) INTEGRATED MANAGEMENT SYSTEM.— retention of spent nuclear fuel or high-level ‘‘(G) Defense research and development. The term ‘integrated management system’ radioactive waste with the intent to recover ‘‘(5) CIVILIAN NUCLEAR POWER REACTOR.— means the system developed by the Sec- such waste or fuel for subsequent use, proc- The term ‘civilian nuclear power reactor’ retary for the acceptance, transportation, essing, or disposal. means a civilian nuclear power plant re- storage, and disposal of spent nuclear fuel ‘‘(30) WITHDRAWL.—The term ‘withdrawal’ quired to be licensed under section 103 or 104 and high-level radioactive waste under title has the same definition as that set forth in b. of the Atomic Energy Act of 1954 (42 U.S.C. II of this Act. section 103(j) of the Federal Land Policy and 2133, 2134(b)). ‘‘(18) INTERIM STORAGE FACILITY.—The term Management Act of 1976 (43 U.S.C. 1702(j)). ‘‘(6) COMMISSION.—The term ‘Commission’ ‘interim storage facility’ means a facility de- ‘‘(31) YUCCA MOUNTAIN SITE.—The term means the Nuclear Regulatory Commission. signed and constructed for the receipt, han- ‘‘Yucca Mountain site’’ means the area in ‘‘(7) CONTRACTS.—The term ‘contracts’ dling, possession, safeguarding, and storage the State of Nevada that is withdrawn and means the contracts, executed prior to the of spent nuclear fuel and high-level radio- reserved in accordance with this Act for the date of enactment of the Nuclear Waste Pol- active waste in accordance with title II of location of a repository. icy Act of 1996, under section 302(a) of the this Act. ‘‘TITLE—OBLIGATIONS Nuclear Waste Policy Act of 1982, by the Sec- ‘‘(19) INTERIM STORAGE FACILITY SITE.—The ‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF retary and any person who generates or term ‘interim storage facility site’ means ENERGY. holds title to spent nuclear fuel or high-level the specific site within Area 25 of the Nevada ‘‘(a) DISPOSAL.—The Secretary shall de- radioactive waste of domestic origin for ac- Test Site that is designated by the Secretary velop and operate an integrated management ceptance of such waste or fuel by the Sec- and withdrawn and reserved in accordance system for the storage and permanent dis- retary and the payment of fees to offset the with this Act for the location of the interim posal of spent nuclear fuel and high-level ra- Secretary’s expenditures, and any subse- storage facility. dioactive waste. quent contracts executed by the Secretary ‘‘(20) LOW-LEVEL RADIOACTIVE WASTE.—The ‘‘(b) INTERIM STORAGE.—The Secretary pursuant to section 401(a) of this Act. term ‘low-level radioactive waste’ means ra- shall store spent nuclear fuel and high-level ‘‘(8) CONTRACT HOLDERS.—The term ‘con- dioactive material that— radioactive waste from facilities designated tract holders’ means parties (other than the ‘‘(A) is not spent nuclear fuel, high-level by contract holders at an interim storage fa- Secretary) to contracts. radioactive waste, transuranic waste, or by- cility pursuant to section 204 in accordance ‘‘(9) DEPARTMENT.—The term ‘Department’ product material as defined in section 11 e(2) with the emplacement schedule, beginning means the Department of Energy. of the Atomic Energy Act of 1954 (42 U.S.C. not later than November 30, 1999. ‘‘(10) DISPOSAL.—The term ‘disposal’ means 2014(e)(2)); and ‘‘(c) TRANSPORTATION.—The Secretary shall the emplacement in a repository of spent nu- ‘‘(B) the Commission, consistent with ex- provide for the transportation of spent nu- clear fuel, high-level radioactive waste, isting law, classifies as low-level radioactive clear fuel and high-level radioactive waste other highly radioactive material with no waste. accepted by the Secretary. The Secretary foreseeable intent of recovery, whether or ‘‘(21) METRIC TONS URANIUM.—The terms shall procure all systems and components not such emplacement permits recovery of ‘metric tons uranium’ and ‘MTU’ means the necessary to transport spent nuclear fuel and such material for any future purpose. amount of uranium in the original high-level radioactive waste from facilities ‘‘(11) DISPOSAL SYSTEM.—The term ‘dis- unirradiated fuel element whether or not the designated by contract holders to and among posal system’ means all natural barriers and spent nuclear fuel has been reprocessed. facilities comprising the Integrated Manage- engineered barriers, and engineered systems ‘‘(22) NUCLEAR WASTE FUND.—The terms ment System. Consistent with the Buy and components, that prevent the release of ‘Nuclear Waste Fund’ and ‘waste fund’ mean American Act (41 U.S.C. 10a–10c), unless the radionuclides from the repository. the nuclear waste fund established in the Secretary shall determine it to be inconsist- ‘‘(12) EMPLACEMENT SCHEDULE.—The term United States Treasury prior to the date of ent with the public interest, or the cost to be ‘emplacement schedule’ means the schedule enactment of this Act under section 302(c) of unreasonable, all such systems and compo- established by the Secretary in accordance the Nuclear Waste Policy Act of 1982. nents procured by the Secretary shall be with section 507(a) for emplacement of spent ‘‘(23) OFFICE.—The term ‘Office’ means the manufactured in the United States, with the nuclear fuel and high-level radioactive waste Office of Civilian Radioactive Waste Manage- exception of any transportable storage sys- at the interim storage facility. ment established within the Department tems purchased by contract holders prior to ‘‘(13) ENGINEERED BARRIERS AND ENGI- prior to the date of enactment of this Act the effective date of the Nuclear Waste Pol- NEERED SYSTEMS AND COMPONENTS.—The under the provisions of the Nuclear Waste icy Act of 1996 and procured by the Secretary terms ‘engineered barriers’ and ‘engineered Policy Act of 1982. from such contract holders for use in the in- systems and components,’ mean man-made ‘‘(24) PROGRAM APPROACH.—The term ‘pro- tegrated management system. components of a disposal system. These gram approach’ means the Civilian Radio- ‘‘(d) INTEGRATED MANAGEMENT SYSTEM.— terms include the spent nuclear fuel or high- active Waste Management Program Plan, The Secretary shall expeditiously pursue the level radioactive waste form, spent nuclear dated May 6, 1996, as modified by this Act, development of each component of the inte- fuel package or high-level radioactive waste and as amended from time to time by the grated management system, and in so doing package, and other materials placed over and Secretary in accordance with this Act. shall seek to utilize effective private sector around such packages. ‘‘(25) REPOSITORY.—The term ‘repository’ management and contracting practices. ‘‘(14) HIGH-LEVEL RADIOACTIVE WASTE.—The means a system designed and constructed ‘‘(e) PRIVATE SECTOR PARTICIPATION.—In term ‘high-level radioactive waste’ means— under title II of this Act for the geologic dis- administering the Integrated Management S8568 CONGRESSIONAL RECORD — SENATE July 23, 1996

System, the Secretary shall, to the maxi- intermodal transfer and to facilitate on-site ‘‘(j) INITIAL LAND CONVEYANCES. mum extent possible, utilize, employ, pro- representation. Reasonable expenses of such ‘‘(1) CONVEYANCES OF PUBLIC LANDS.—One cure and contract with, the private sector to representation shall be paid by the Sec- hundred and twenty days after enactment of fulfill the Secretary’s obligations and re- retary. this Act, all right, title and interest of the quirements under this Act. ‘‘(h) BENEFITS AGREEMENT.— United States in the property described in ‘‘(f) PRE-EXISTING RIGHTS.—Nothing in this ‘‘(1) IN GENERAL.—The Secretary shall offer paragraph (2), and improvements thereon, to- Act is intended to or shall be construed to to enter into an agreement with Lincoln gether with all necessary easements for util- modify— County, Nevada concerning the integrated ities and ingress and egress to such property, ‘‘(1) any right of a contract holder under management system. including, but not limited to, the right to section 302(a) of the Nuclear Waste Policy ‘‘(2) AGREEMENT CONTENT.—Any agreement improve those easements, are conveyed by Act of 1982, or under a contract executed shall contain such terms and conditions, in- operation of law to the County of Lincoln, prior to the date of enactment of this Act cluding such financial and institutional ar- Nevada, unless the county notifies the Sec- under that section; or rangements, as the Secretary and agreement retary of Interior or the head of such other ‘‘(2) obligations imposed upon the federal entity determine to be reasonable and appro- appropriate agency in writing within 60 days government by the U.S. District Court of priate and shall contain such provisions as of such date of enactment that it elects not Idaho in an order entered on October 17, 1995 are necessary to preserve any right to par- to take title to all or any part of the prop- in United States v. Batt (No. 91–0054–S–EJL). ticipation or compensation of Lincoln Coun- erty, except that any lands conveyed to the ‘‘(g) LIABILITY.—Subject to subsection (f), ty, Nevada. County of Lincoln under this subsection that nothing in this Act shall be construed to ‘‘(3) AMENDMENT.—An agreement entered are subject to a Federal grazing permit or subject the United States to financial liabil- into under this subsection may be amended lease or a similar federally granted permit or ity for the Secretary’s failure to meet any only with the mutual consent of the parties lease shall be conveyed between 60 and 120 deadline for the acceptance or emplacement to the amendment and terminated only in days of the earliest time the Federal agency of spent nuclear fuel or high-level radio- accordance with paragraph (4). administering or granting the permit or ‘‘(4) TERMINATION.—The Secretary shall active waste for storage or disposal under lease would be able to legally terminate such terminate the agreement under this sub- this Act. right under the statutes and regulations ex- section if any major element of the inte- isting at the date of enactment of this Act, ‘‘TITLE II—INTEGRATED MANAGEMENT grated management system may not be com- unless Lincoln County and the affected hold- SYSTEM pleted. er of the permit or lease negotiate an agree- ‘‘SEC. 201. INTERMODAL TRANSFER. ‘‘(5) LIMITATION.—Only 1 agreement may be ment that allows for an earlier conveyance. ‘‘(a) ACCESS.—The Secretary shall utilize in effect at any one time. ‘‘(2) SPECIAL CONVEYANCES.—Notwithstand- heavy-haul truck transport to move spent ‘‘(6) JUDICIAL REVIEW.—Decisions of the ing any other law, the following public lands nuclear fuel and high-level radioactive waste Secretary under this section are not subject depicted on the maps and legal descriptions from the mainline rail line at Caliente, Ne- to judicial review. dated October 11, 1995, shall be conveyed vada, to the interim storage facility site. ‘‘(i) CONTENT OF AGREEMENT. under paragraph (1) to the County of Lin- ‘‘(b) CAPABILITY DATE.—The Secretary ‘‘(1) SCHEDULE.—In addition to the benefits shall develop the capability to commence to which Lincoln County is entitled to under coln, Nevada: rail to truck intermodal transfer at Caliente, this title, the Secretary shall make pay- Map 10: Lincoln County, Parcel M, Indus- Nevada, no later than November 30, 1999. ments under the benefits agreement in ac- trial Park Site Intermodal transfer and related activities cordance with the following schedule: Map 11: Lincoln County, Parcel F, Mixed are incidental to the interstate transpor- Use Industrial Site tation of spent nuclear fuel and high-level BENEFITS SCHEDULE Map 13: Lincoln County, Parcel J, Mixed radioactive waste. [Amounts in millions] Use, Alamo Community Expansion Area Map 14: Lincoln County, Parcel E, Mixed ‘‘(c) ACQUISITIONS.—The Secretary shall ac- quire lands and rights-of-way necessary to Event Payment Use, Pioche Community Expansion Area Map 15: Lincoln County, Parcel B, Landfill commence intermodal transfer at Caliente, (A) Annual payments prior to first receipt of spent fuel ...... $2.5 Nevada. (B) Annual payments beginning upon first spent fuel receipt ..... 5 Expansion Site. ‘‘(3) CONSTRUCTION.—The maps and legal ‘‘(d) REPLACEMENTS.—The Secretary shall (C) Payment upon closure of the intermodal transfer facility ...... 5 acquire and develop on behalf of, and dedi- descriptions of special conveyances referred ‘‘(2) DEFINITIONS.—For purposes of this sec- cate to, the City of Caliente, Nevada, parcels to in paragraph (2) shall have the same force tion, the term— and effect as if they were included in this of land and right-of-way within Lincoln ‘‘(A) ‘spent fuel’ means high-level radio- County, Nevada, as required to facilitate re- Act. The Secretary may correct clerical and active waste or spent nuclear fuel; and typographical errors in the maps and legal placement of land and city wastewater dis- ‘‘(B) ‘first spent fuel receipt’ does not in- posal facilities necessary to commence inter- descriptions and make minor adjustments in clude receipt of spent fuel or high-level ra- the boundaries of the sites. modal transfer pursuant to this Act. Re- dioactive waste for purposes of testing or placement of land and city wastewater dis- ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon operational demonstration. the request of the County of Lincoln, Ne- posal activities shall occur no later than No- ‘‘(3) ANNUAL PAYMENTS.—Annual payments vember 30, 1999. vada, the Secretary of the Interior shall pro- prior to first spent fuel receipt under para- vide evidence of title transfer. ‘‘(e) NOTICE AND MAP.—Within 6 months of graph (1)(A) shall be made on the date of exe- the date of enactment of the Nuclear Waste cution of the benefits agreement and there- ‘‘SEC. 202. TRANSPORTATION PLANNING. Policy Act of 1996, the Secretary shall— after on the anniversary date of such execu- ‘‘(a) TRANSPORTATION READINESS.—The ‘‘(1) publish in the Federal Register a no- tion. Annual payments after the first spent Secretary shall take those actions that are tice containing a legal description of the fuel receipt until closure of the facility necessary and appropriate to ensure that the sites and rights-of-way to be acquired under under paragraph (1)(C) shall be made on the Secretary is able to transport safely spent this subsection; and anniversary date of such first spent fuel re- nuclear fuel and high-level radioactive waste ‘‘(2) file copies of a map of such sites and ceipt. from sites designated by the contract holders rights-of-way with the Congress, the Sec- ‘‘(4) REDUCTION.—If the first spent fuel pay- to mainline transportation facilities, using retary of the Interior, the State of Nevada, ment under paragraph (1)(B) is made within routes that minimize, to the maximum prac- the Archivist of the United States, the Board 6 months after the last annual payment prior ticable extent consistent with Federal re- of Lincoln County Commissioners, the Board to the receipt of spent fuel under paragraph quirements governing transportation of haz- of Nye County Commissioners, and the (1)(A), such first spent fuel payment under ardous materials, transportation of spent nu- Caliente City Council. Such map and legal paragraph (1)(B) shall be reduced by an clear fuel and high-level radioactive waste description shall have the same force and ef- amount equal to 1⁄12 of such annual payment through populated areas, beginning not later fect as if they were included in this Act. The under paragraph (1)(A) for each full month than November 30, 1999, and, by the date Secretary may correct clerical and typo- less than 6 that has not elapsed since the last shall, in consultation with the Secretary of graphical errors and legal descriptions and annual payment under paragraph (1)(A). Transportation develop and implement a make minor adjustments in the boundaries. ‘‘(5) RESTRICTIONS.—The Secretary may comprehensive management plan that en- ‘‘(f) IMPROVEMENTS.—The Secretary shall not restrict the purposes for which the pay- sures that safe transportation of spent nu- make improvements to existing roadways se- ments under this section may be used. clear fuel and high-level radioactive waste lected for heavy-haul truck transport be- ‘‘(6) DISPUTE.—In the event of a dispute from the sites designated by the contract tween Caliente, Nevada, and the interim concerning such agreement, the Secretary holders to the interim storage facility site storage facility site as necessary to facili- shall resolve such dispute, consistent with beginning not later than November 30, 1999. tate year-round safe transport of spent nu- this Act and applicable State law. ‘‘(b) TRANSPORTATION PLANNING.—In con- clear fuel and high-level radioactive waste. ‘‘(7) CONSTRUCTION.—The signature of the junction with the development of the ‘‘(g) LOCAL GOVERNMENT INVOLVEMENT.— Secretary on a valid benefits agreement logistical plan in accordance with subsection The Commission shall enter into a Memoran- under this section shall constitute a commit- (a), the Secretary shall update and modify, dum of Understanding with the City of ment by the United States to make pay- as necessary, the Secretary’s transportation Caliente and Lincoln County, Nevada, to pro- ments in accordance with such agreement institutional plans to ensure the institu- vide advice to the Commission regarding under section 401(c)(2). tional issues are addressed and resolved on a July 23, 1996 CONGRESSIONAL RECORD — SENATE S8569

schedule to support the commencement of ‘‘(g) TRAINING STANDARD.—(1) No later than dent determines, in his discretion, on or be- transportation of spent nuclear fuel and 12 months after the date of enactment of the fore December 31, 1998, based on a preponder- high-level radioactive waste to the interim Nuclear Waste Policy Act of 1996, the Sec- ance of the information available at such storage facility no later than November 30, retary of Transportation, pursuant to au- time, that the Yucca Mountain site is un- 1999. Among other things, such planning thority under other provision of law, in con- suitable for development as a repository, in- shall provide a schedule and process for ad- sultation with the Secretary of Labor and cluding geologic and engineered barriers, be- dressing and implementing, as necessary, the Commission, shall promulgate a regula- cause of a substantial likelihood that a re- transportation routing plans, transportation tion establishing training standards applica- pository of useful size cannot be designed, li- contracting plans, transportation training in ble to workers directly involved in the re- censed, and constructed at the Yucca Moun- accordance with Section 203, and public edu- moval and transportation of spent nuclear tain site. cation regarding transportation of spent nu- fuel and high-level radioactive waste. The ‘‘(C) No later than June 30, 1998, the Sec- clear fuel and high level radioactive waste; regulation shall specify minimum training retary shall provide to the President and to and transportation tracking programs. standards applicable to workers, including the Congress a viability assessment of the SEC. 203. TRANSPORTATION REQUIREMENTS. managerial personnel. The regulation shall Yucca Mountain site. The viability assess- ‘‘(a) PACKAGE CERTIFICATION.—No spent nu- require that evidence of satisfaction of the ment shall include— clear fuel or high-level radioactive waste applicable training standard be provided to ‘‘(i) the preliminary design concept for the may be transported by or for the Secretary an employer before any individual may be critical elements of the repository and waste under this Act except in packages that have employed in the removal and transportation package, been certified for such purposes by the Com- of spent nuclear fuel and high-level radio- ‘‘(ii) a total system performance assess- mission. active waste. ment, based upon the design concept and the ‘‘(b) STATE NOTIFICATION.—The Secretary ‘‘(2) If the Secretary of Transportation de- scientific data and analysis available by shall abide by regulations of the Commission termines, in promulgating the regulation re- June 30, 1998, describing the probable behav- regarding advance notification of State and quired by subparagraph (1), that regulations ior of the repository in the Yucca Mountain local governments prior to transportation of promulgated by the Commission establish geologic setting relative to the overall sys- spent nuclear fuel or high-level radioactive adequate training standards for workers, tem performance standard set forth in sec- waste under this Act. then the Secretary of Transportation can re- tion 205(d) of this Act, ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- frain from promulgating additional regula- ‘‘(iii) a plan and cost estimate for the re- retary shall provide technical assistance and tions with respect to worker training in such maining work required to complete a license funds to States, units of local government, activities. The Secretary of Transportation application, and and Indian tribes through whose jurisdiction and the Commission shall work through the Secretary plans to transport substantial ‘‘(iv) an estimate of the costs to construct their Memorandum of Understanding to en- amounts of spent nuclear fuel or high-level and operate the repository in accordance sure coordination of worker training stand- radioactive waste for training for public with the design concept. ards and to avoid duplicative regulation. safety officials of appropriate units of local ‘‘(D) Within 18 months of a determination ‘‘(3) The training standards required to be government. The Secretary shall also pro- by the President that the Yucca Mountain promulgated under subparagraph (1) shall, vide technical assistance and funds for train- site is unsuitable for development as a repos- among other things deemed necessary and ing directly to national nonprofit employee itory under paragraph (B), the President appropriate by the Secretary of Transpor- organizations which demonstrate experience shall designate a site for the construction of tation, include the following provisions— in implementing and operating worker an interim storage facility. If the President ‘‘(A) a specified minimum number of hours health and safety training and education does not designate a site for the construction of initial off site instruction and actual field programs and demonstrate the ability to of an interim storage facility, or the con- experience under the direct supervision of a reach and involve in-training programs tar- struction of an interim storage facility at trained, experienced supervisor; get populations of workers who are or will be the designated site is not approved by law ‘‘(B) a requirement that onsite managerial directly engaged in the transportation of within 24 months of the President’s deter- personnel receive the same training as work- spent nuclear fuel and high-level radioactive mination that the Yucca Mountain site is ers, and a minimum number of additional waste, or emergency response or post-emer- not suitable for development as a repository, hours of specialized training pertinent to gency response with respect to such trans- the Secretary shall begin construction of an their managerial responsibilities; and portation. Training shall cover procedures interim storage facility at the interim stor- ‘‘(C) a training program applicable to per- required for safe routine transportation of age facility site as defined in section 2(19) of sons responsible for responding to and clean- these materials, as well as procedures for this Act. The interim storage facility site as ing up emergency situations occurring dur- dealing with emergency response situations, defined in section 2(19) of this Act shall be ing the removal and transportation of spent and shall be consistent with any training deemed to be approved by law for purposes of nuclear fuel and high-level radioactive standards established by the Secretary of this section. waste. Transportation in accordance with sub- ‘‘(2) Upon the designation of an interim ‘‘(4) There is authorized to be appropriated section (g). The Secretary’s duty to provide storage facility site by the President under to the Secretary of Transportation, from technical and financial assistance under this paragraph (1)(D), the Secretary shall proceed general revenues, such sums as may be nec- subsection shall be limited to amounts speci- forthwith and without further delay with all essary to perform his duties under this sub- fied in annual appropriations. activities necessary to begin storing spent section. ‘‘(d) PUBLIC EDUCATION.—The Secretary nuclear fuel and high-level radioactive waste shall conduct a program to educate the pub- ‘‘SEC. 204. INTERIM STORAGE. at an interim storage facility at the des- lic regarding the transportation of spent nu- ‘‘(a) AUTHORIZATION.—The Secretary shall ignated site, except that the Secretary shall clear fuel and high-level radioactive waste, design, construct, and operate a facility for not begin any construction activities at the with an emphasis upon those States, units of the interim storage of spent nuclear fuel and designated interim storage facility site be- local government, and Indian tribes through high-level radioactive waste at the interim fore the designated interim storage facility whose jurisdiction the Secretary plans to storage facility site. The interim storage fa- site is approved by law. transport substantial amounts of spent nu- cility shall be subject to licensing pursuant ‘‘(c) DESIGN.— clear fuel and high-level radioactive waste. to the Atomic Energy Act of 1954 in accord- ‘‘(1) The interim storage facility shall be ‘‘(e) COMPLIANCE WITH TRANSPORTATION ance with the Commission’s regulations gov- designed in two phases in order to commence REGULATIONS.—Any person that transports erning the licensing of independent spent operations no later than November 30, 1999. spent nuclear fuel or high-level radioactive fuel storage installations, which regulations The design of the interim storage facility waste under the Nuclear Waste Policy Act of shall be amended by the Commission as nec- shall provide for the use of storage tech- 1986, pursuant to a contract with the Sec- essary to implement the provisions of this nologies, licensed, approved, or certified by retary, shall comply with all requirements Act. The interim storage facility shall com- the Commission for use at the interim stor- governing such transportation issued by the mence operation in phases in accordance age facility as necessary to ensure compat- Federal, State, and local governments, and with subsection (b). ibility between the interim storage facility Indian tribes, in the same way and to the ‘‘(b) SCHEDULE.—(1) The Secretary shall and contract holders’ spent nuclear fuel and same extent that any person engaging in proceed forthwith and without further delay facilities, and to facilitate the Secretary’s that transportation that is in or affects with all activities necessary to begin storing ability to meet the Secretary’s obligations interstate commerce must comply with such spent nuclear fuel and high-level radioactive under this Act. requirements, as required by 49 U.S.C. sec. waste at the interim storage facility at the ‘‘(2) The Secretary shall consent to an 5126. interim storage facility site by November 30, amendment to the contracts to provide for ‘‘(f) EMPLOYEE PROTECTION.—Any person 1999, except that: reimbursement to contract holders for trans- engaged in the interstate commerce of spent ‘‘(A) The Secretary shall not begin any portable storage systems purchased by con- nuclear fuel or high-level radioactive waste construction activities at the interim stor- tract holders if the Secretary determines under contract to the Secretary pursuant to age facility site before December 31, 1998. that it is cost effective to use such trans- this Act shall be subject to and comply fully ‘‘(B) The Secretary shall cease all activi- portable storage systems as part of the inte- with the employee protection provisions of ties (except necessary termination activi- grated management system, provided that 49 U.S.C. 20109 and 49 U.S.C. 31105. ties) at the Yucca Mountain site if the Presi- the Secretary shall not be required to expend S8570 CONGRESSIONAL RECORD — SENATE July 23, 1996 any funds to modify contract holders’ stor- capacity report dated March, 1995 (DOE/RW– mental Policy Act of 1969 (42 U.S.C. 4321 et age or transport systems or to seek addi- 0457), the Secretary shall accept, in an seq.) shall be consolidated with judicial re- tional regulatory approvals in order to use amount not less than 25% of the difference view of the Commission’s licensing decision. such systems. between the contractual acceptance rate and No court shall have jurisdiction to enjoin the ‘‘(d) LICENSING.— the annual emplacement rate for spent nu- construction or operation of the interim ‘‘(1) PHASES.—The interim storage facility clear fuel from civilian nuclear power reac- storage facility prior to its final decision on shall be licensed by the Commission in two tors established under section 507(a), the fol- review of the Commission’s licensing action. phases in order to commence operations no lowing radioactive materials: ‘‘(h) WASTE CONFIDENCE.—The Secretary’s later than November 30, 1999. ‘‘(A) spend nuclear fuel or high-level radio- obligation to construct and operate the in- ‘‘(2) FIRST PHASE.—No later than 12 months active waste of domestic origin from civilian terim storage facility in accordance with after the date of enactment of the Nuclear nuclear power reactors that have perma- this section and the Secretary’s obligation Waste Policy Act of 1996, the Secretary shall nently ceased operation on or before the date to develop an integrated management sys- submit to the Commission an application for of enactment of the Nuclear Waste Policy tem in accordance with the provisions of this a license for the first phase of the interim Act of 1996; Act, shall provide sufficient and independent storage facility. The Environmental Report ‘‘(B) spend nuclear fuel from foreign re- grounds for any further findings by the Com- and Safety Analysis Report submitted in search reactors, as necessary to promote mission of reasonable assurance that spent support of such license application shall be non-proliferation objectives; and nuclear fuel and high-level radioactive waste consistent with the scope of authority re- ‘‘(C) spend nuclear fuel, including spend will be disposed of safely and on a timely quested in the license application. The li- nuclear fuel from naval reactors, and high- basis for purposes of the Commission’s deci- cense issued for the first phase of the interim level radioactive waste from atomic energy sion to grant or amend any license to oper- storage facility shall have a term of 20 years. defense activities. ate any civilian nuclear power reactor under The interim storage facility licensed in the ‘‘(f) NATIONAL ENVIRONMENTAL POLICY ACT the Atomic Energy Act of 1954 (42 U.S.C. 2011, first place shall have a capacity of not more OF 1996.— et seq.). than 15,000 MTU. The Commission shall issue ‘‘(1) PRELIMINARY DECISIONMAKING ACTIVI- ‘‘(i) STORAGE OF OTHER SPENT NUCLEAR a final decision granting or denying the ap- TIES.—The Secretary’s and President’s ac- FUEL AND HIGH-LEVEL RADIOACTIVE WASTE.— plication for the first phase license no later tivities under this section, including, but not No later than 18 months following the date than 16 months from the date of the submit- limited to, the selection of a site for the in- of enactment of the Nuclear Waste Policy tal of the application for such license. terim storage facility, assessments, deter- Act of 1996, the Commission shall, by rule, ‘‘(3) SECOND PHASE.—No later than 30 minations of designations made under sec- establish criteria for the storage in the in- months after the date of enactment of the tion 204(b), the preparation and submittal of terim storage facility of fuel and waste list- Nuclear Waste Policy Act of 1996, the Sec- a license application and supporting docu- ed in paragraph (e)(3)(A) through (C), to the retary shall submit to the Commission an mentation, the construction of a facility extent such criteria are not included in regu- application for a license for the second phase under paragraph (e)(1) of this section, and fa- lations issued by the Commission and exist- interim storage facility. The license for the cility use pursuant to paragraph (e)(2) of this ing on the date of enactment of the Nuclear second phase facility shall authorize a stor- section shall be considered preliminary deci- Waste Policy Act of 1996. Following estab- age capacity of 40,000 MTU. If the Secretary sionmaking activities for purposes of judi- lishment of such criteria, the Secretary shall does not submit the license application for cial review. The Secretary shall not prepare seek authority, as necessary, to store fuel construction of a respository by February 1, an environmental impact statement under and waste listed in paragraph (e)(3)(A) 2002, or does not begin full spent nuclear fuel section 102(2)(C) of the National Environ- through (C) at the interim storage facility. receipt operations at a repository by Janu- mental Policy Act of 1969 (42 U.S.C. 4332(2)(C) None of the activities carried out pursuant ary 17, 2010, the license shall authorize a or any environmental review under subpara- to this paragraph shall delay, or otherwise storage capacity of 60,000 MTU. The license graph (E) or (F) of such Act before conduct- affect, the development, construction, li- application shall be submitted such that the ing these activities. censing, or operation of the interim storage license can be issued to permit the second ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— facility. phase facility to begin full spent nuclear fuel ‘‘(A) FINAL DECISION.—A final decision by ‘‘(j) SAVINGS CLAUSE.—The Commission receipt operations no later than December the Commission to grant or deny a license shall, by rule, establish procedures for the li- 31, 2002. The license for the second phase application for the first or second phase of censing of any technology for the dry stor- shall have an initial term of up to 100 years, the interim storage facility shall be accom- age of spent nuclear fuel by rule and with- and shall be renewable for additional terms panied by an Environmental Impact State- out, to the maximum extent possible, the upon application of the Secretary. ment prepared under section 103(2)(C) of the need for site-specific approvals by the Com- ‘‘(e) ADDITIONAL AUTHORITY.— National Environmental Policy Act of 1969 mission. Nothing in this Act shall affect any ‘‘(1) CONSTRUCTION.—For purposes of com- (42 U.S.C. 4332(2)(C)). In preparing such Envi- such procedures, or any licenses or approvals plying with this section, the Secretary may ronmental Impact Statement, the Commis- issued pursuant to such procedures in effect commence site preparation for the interim sion— on the date of enactment. storage facility as soon as practicable after ‘‘(i) shall ensure that the scope of the Envi- ‘‘SEC. 205. PERMANENT REPOSITORY. the date of enactment of the Nuclear Waste ronmental Impact Statement is consistent ‘‘(a) REPOSITORY CHARACTERIZATION.— Policy Act of 1996 and shall commence con- with the scope of the licensing action; and ‘‘(1) GUIDELINES.—The guidelines promul- struction of each phase of the interim stor- ‘‘(ii) shall analyze the impacts of the trans- gated by the Secretary and published at 10 age facility subsequent to submittal of the portation of spent nuclear fuel and high-level CFR part 960 are annulled and revoked and license application for such phase except radioactive waste to the interim storage fa- the Secretary shall make no assumptions or that the Commission shall issue an order cility in a generic manner. conclusions about the licensability of the suspending such construction at any time if ‘‘(B) CONSIDERATIONS.—Such Environ- Yucca Mountain site as a repository by ref- the Commission determines that such con- mental Impact Statement shall not con- erence to such guidelines. struction poses an unreasonable risk to pub- sider— ‘‘(2) SITE CHARACTERIZATION ACTIVITIES.— lic health and safety or the environment. ‘‘(i) the need for the interim storage facil- The Secretary shall carry out appropriate The Commission shall terminate all or part ity, including any individual component site characterization activities at the Yucca of such order upon a determination that the thereof; Mountain site in accordance with the Sec- Secretary has taken appropriate action to ‘‘(ii) the time of the initial availability of retary’s program approach to site character- eliminate such risk. the interim storage facility; ization. The Secretary shall modify or elimi- ‘‘(2) FACILITY USE.—Notwithstanding any ‘‘(iii) any alternatives to the storage of nate those site characterization activities otherwise applicable licensing requirement, spent nuclear fuel and high-level radioactive designed only to demonstrate the suitability the Secretary may utilize any facility owned waste at the interim storage facility; of the site under the guidelines referenced in by the Federal Government on the date of ‘‘(iv) any alternatives to the site of the fa- paragraph (1). enactment of the Nuclear Waste Policy Act cility as designated by the Secretary in ac- ‘‘(3) SCHEDULE DATE.—Consistent with the of 1996 within the boundaries of the interim cordance with subsection (a); schedule set forth in the program approach, storage facility site, in connection with an ‘‘(v) any alternatives to the design criteria as modified to be consistent with the Nu- imminent and substantial endangerment to for such facility or any individual compo- clear Waste Policy Act of 1996, no later than public health and safety at the interim stor- nent thereof, as specified by the Secretary in February 1, 2002, the Secretary shall apply to age facility prior to commencement of oper- the license application; or the Commission for authorization to con- ations during the second phase. ‘‘(vi) the environmental impacts of the struct a repository. If, at any time prior to ‘‘(3) EMPLACEMENT OF FUEL AND WASTE.— storage of spent nuclear fuel and high-level the filing of such application, the Secretary Subject to paragraph (i), once the Secretary radioactive waste at the interim storage fa- determines that the Yucca Mountain site has achieved the annual acceptance rate for cility beyond the initial term of the license cannot satisfy the Commission’s regulations spend nuclear fuel from civilian nuclear or the term of the renewal period for which applicable to the licensing of a geologic re- power reactors established pursuant to the a license renewal application is made. pository, the Secretary shall terminate site contracts executed prior to the date of en- ‘‘(g) JUDICIAL REVIEW.—Judicial review of characterization activities at the site, notify actment of the Nuclear Waste Policy Act of the Commission’s environmental impact Congress and the State of Nevada of the Sec- 1996, as set forth in the Secretary’s annual statement under the National Environ- retary’s determination and the reasons July 23, 1996 CONGRESSIONAL RECORD — SENATE S8571 therefor, and recommend to Congress not tions shall provide for the modification of the repository’s engineered or geologic bar- later than 6 months after such determina- the repository licensing procedure, as appro- riers; and tion further actions, including the enact- priate, in the event that the Secretary seeks ‘‘(ii) prevent any increase in the exposure ment of legislation, that may be needed to a license to permit the emplacement in the of individual members of the public to radi- manage the Nation’s spent nuclear fuel and repository, on a retrievable basis, of spent ation beyond the allowable limits specified high-level radioactive waste. nuclear fuel or high-level radioactive waste in paragraph (1). ‘‘(4) MAXIMIZING CAPACITY.—In developing as is necessary to provide the Secretary with ‘‘(4) ADDITIONAL ANALYSIS.—The Commis- an application for authorization to construct sufficient confirmatory data on repository sion shall analyze the overall system per- the repository, the Secretary shall seek to performance to reasonably confirm the basis formance through the use of probabilistic maximize the capacity of the repository, in for repository closure consistent with appli- evaluations that use best estimate assump- the most cost-effective manner, consistent cable regulations. tions, data, and methods for the period com- with the need for disposal capacity. ‘‘(d) REPOSITORY LICENSING STANDARDS.— mencing after the first 1,000 years of oper- ‘‘(b) REPOSITORY LICENSING.—Upon the The Administrator of the Environmental ation of the repository and terminating at completion of any licensing proceeding for Protection Agency shall, pursuant to author- 10,000 years after the commencement of oper- the first phase of the interim storage facil- ity under other provisions of law, issue gen- ation of the repository. ity, the Commission shall amend its regula- erally applicable standards for the protec- ‘‘(e) NATIONAL ENVIRONMENTAL POLICY tions governing the disposal of spent nuclear tion of the public from releases of radio- ACT.— fuel and high-level radioactive waste in geo- active materials or radioactivity from the ‘‘(1) SUBMISSION OF STATEMENT.—Construc- logic repositories to the extent necessary to repository. Such standards shall be consist- tion and operation of the repository shall be comply with this Act. Subject to subsection ent with the overall system performance considered a major Federal action signifi- (c), such regulations shall provide for the li- standard established by this subsection un- cantly affecting the quality of the human en- censing of the repository according to the less the Administrator determines by rule vironment for purpose of the National Envi- following procedures: that the overall system performance stand- ronmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(1) CONSTRUCTION AUTHORIZATION.—The ard would constitute an unreasonable risk to et seq.). The Secretary shall submit an envi- Commission shall grant the Secretary a con- health and safety. The Commission’s reposi- ronmental impact statement on the con- struction authorization for the repository tory licensing determinations for the protec- struction and operation of the repository to upon determining that there is reasonable tion of the public shall be based solely on a the Commission with the license application assurance that spent nuclear fuel and high- finding whether the repository can be oper- and shall supplement such environmental level radioactive waste can be disposed of in ated in conformance with the overall system impact statement as appropriate. the repository— performance standard established in para- ‘‘(2) CONSIDERATIONS.—For purposes of ‘‘(A) in conformity with the Secretary’s graph (1), applied in accordance with the pro- complying with the requirements of the Na- application, the provisions of this Act, and visions of paragraph (2), and the Administra- tional Environmental Policy Act of 1969 and the regulations of the Commission; tor’s radiation protection standards. The this section, the Secretary shall not consider ‘‘(B) without unreasonable risk to the Commission shall amend its regulations in in the environmental impact statement the health and safety of the public; and accordance with subsection (b) to incor- ‘‘(C) consistent with the common defense need for the repository, or alternative sites porate each of the following licensing stand- and security. or designs for the repository. ards: ‘‘(2) LICENSE.—Following substantial com- ‘‘(3) ADOPTION BY COMMISSION.—The Sec- ‘‘(1) ESTABLISHMENT OF OVERALL SYSTEM pletion of construction and the filing of any retary’s environmental impact statement PERFORMANCE STANDARD.—The standard for additional information needed to complete and any supplements thereto shall, to the ex- protection of the public from release of ra- the license application, the Commission tent practicable, be adopted by the Commis- dioactive material or radioactivity from the shall issue a license to dispose of spent nu- sion in connection with the issuance by the repository shall prohibit releases that would clear fuel and high-level radioactive waste in Commission of a construction authorization expose an average member of the general the repository if the Commission determines under subsection (b)(1), a license under sub- population in the vicinity of the Yucca that the repository has been constructed and section (b)(2), or a license amendment under Mountain site to an annual dose in excess of will operate— subsection (b)(3). To the extent such state- ‘‘(A) in conformity with the Secretary’s 100 millirems unless the Commission deter- ment or supplement is adopted by the Com- application, the provisions of this Act, and mines by rule that such standard would con- mission, such adoption shall be deemed to the regulations of the Commission; stitute an unreasonable risk to health and also satisfy the responsibilities of the Com- ‘‘(B) without unreasonable risk to the safety and establishes by rule another stand- mission under the National Environmental health and safety of the public; and ard which will protect health and safety. Policy Act of 1969, and no further consider- ‘‘(C) consistent with the common defense Such standard shall constitute an overall ation shall be required, except that nothing and security. system performance standard. in this subsection shall affect any independ- ‘‘(3) CLOSURE.—After emplacing spent nu- ‘‘(2) APPLICATION OF OVERALL SYSTEM PER- ent responsibilities of the Commission to clear fuel and high-level radioactive waste in FORMANCE STANDARD.—The Commission shall protect the public health and safety under the repository and collecting sufficient con- issue the license if it finds reasonable assur- the Atomic Energy Act of 1954. In any such firmatory data on repository performance to ance that for the first 1,000 years following statement or supplement prepared with re- reasonably confirm the basis for repository the commencement of repository operations, spect to the repository, the Commission closure consistent with the Commission’s the overall system performance standard shall not consider the need for a repository, regulations applicable to the licensing of a will be met based on a probabilistic evalua- or alternate sites or designs for the reposi- repository, as modified in accordance with tion, as appropriate, of compliance with the tory. this Act, the Secretary shall apply to the overall system performance standard in ‘‘(f) JUDICIAL REVIEW.—No court shall have Commission to amend the license to permit paragraph (1). jurisdiction to enjoin issuance of the Com- permanent closure of the repository. The ‘‘(3) FACTORS.—For purposes of making the mission repository licensing regulations Commission shall grant such license amend- finding in paragraph (2)— prior to its final decision on review of such ‘‘(A) the Commission shall not consider ment upon finding that there is reasonable regulations. assurance that the repository can be perma- catastrophic events where the health con- sequences of individual events themselves ‘‘SEC. 206. LAND WITHDRAWAL. nently closed— ‘‘(a) WITHDRAWAL AND RESERVATION.— ‘‘(A) in conformity with the Secretary’s can be reasonably assumed to exceed the ‘‘(1) WITHDRAWAL.—Subject to valid exist- application to amend the license, the provi- health consequences due to the impact of the ing rights, the interim storage facility site sions of this Act, and the regulations of the events on repository performance; and the Yucca Mountain site, as described in Commission; ‘‘(B) for the purpose of this section, an av- subsection (b), are withdrawn from all forms ‘‘(B) without unreasonable risk to the erage member of the general population in of entry, appropriation, and disposal under health and safety of the public; and the vicinity of the Yucca Mountain site ‘‘(C) consistent with the common defense means a person whose physiology, age, gen- the public land laws, including the mineral and security. eral health, agricultural practices, eating leasing laws, the geothermal leasing laws, ‘‘(4) POST-CLOSURE.—The Secretary shall habits, and social behavior represent the av- the material sale laws, and the mining laws. take those actions necessary and appropriate erage for persons living in the vicinity of the ‘‘(2) JURISDICTION.—Jurisdiction of any at the Yucca Mountain site to prevent any site. Extremes in social behavior, eating land within the interim storage facility site activity at the site subsequent to repository habits, or other relevant practices or charac- and the Yucca Mountain site managed by the closure that poses an unreasonable risk of— teristics shall not be considered; and Secretary of the Interior or any other Fed- ‘‘(A) breaching the repository’s engineered ‘‘(C) the Commission shall assume that, eral officer is transferred to the Secretary. or geologic barriers; or following repository closure, the inclusion of ‘‘(3) RESERVATION.—The interim storage fa- ‘‘(B) increasing the exposure of individual engineered barriers and the Secretary’s post- cility site and the Yucca Mountain site are members of the public to radiation beyond closure actions at the Yucca Mountain site, reserved for the use of the Secretary for the the release standard established in sub- in accordance with subsection (b)(4), shall be construction and operation, respectively, of section (d)(1). sufficient to— the interim storage facility and the reposi- ‘‘(c) MODIFICATION OF REPOSITORY LICENS- ‘‘(i) prevent any human activity at the site tory and activities associated with the pur- ING PROCEDURE.—The Commission’s regula- that poses an unreasonable risk of breaching poses of this title. S8572 CONGRESSIONAL RECORD — SENATE July 23, 1996

‘‘(b) LAND DESCRIPTION.— ment requesting such assistance. Such as- ‘‘(1) directly or indirectly to influence leg- ‘‘(1) BOUNDARIES.—The boundaries depicted sistance shall be designed to mitigate the islative action on any matter pending before on the map entitled ‘Interim Storage Facil- impact on the affected Indian tribe or af- Congress or a State legislature or for any ity Site Withdrawal Map,’ dated March 13, fected unit of local government of the devel- lobbying activity as provided in section 1913 1996, and on file with the Secretary, are es- opment of the integrated management sys- of title 18, United States Code; tablished as the boundaries of the Interim tem. ‘‘(2) for litigation purposes; and Storage Facility site. ‘‘(2) REPORT.—Any affected Indian tribe or ‘‘(3) to support multistate efforts or other ‘‘(2) BOUNDARIES.—The boundaries depicted affected unit of local government may re- coalition-building activities inconsistent on the map entitled ‘Yucca Mountain Site quest assistance under this section by pre- with the purpose of this Act. Withdrawal Map,’ dated July 9, 1996, and on paring and submitting to the Secretary a re- ‘‘SEC. 305. LAND CONVEYANCES. file with the Secretary, are established as port on the economic, social, public health ‘‘(a) CONVEYANCES OF PUBLIC LANDS.—One the boundaries of the Yucca Mountain site. and safety, and environmental impacts that hundred and twenty days after enactment of ‘‘(3) NOTICE AND MAPS.—Within 6 months of are likely to result from activities of the in- this Act, all right, title and interest of the the date of the enactment of the Nuclear tegrated management system. United States in the property described in Waste Policy Act of 1996, the Secretary ‘‘(d) OTHER ASSISTANCE.— subsection (b), and improvements thereon, shall— ‘‘(1) TAXABLE AMOUNTS.—In addition to fi- together with all necessary easements for ‘‘(A) publish in the Federal Register a no- nancial assistance provided under this sub- utilities and ingress and egress to such prop- tice containing a legal description of the in- section, the Secretary is authorized to grant erty, including, but not limited to, the right terim storage facility site; and to any affected Indian tribe or affected unit to improve those easements, are conveyed by ‘‘(B) file copies of the maps described in of local government an amount each fiscal operation of law to the County of Nye, Ne- paragraph (1), and the legal description of year equal to the amount such affected In- vada, unless the county notifies the Sec- the interim storage facility site with the dian tribe or affected unit of local govern- retary of the Interior or the head of such Congress, the Secretary of the Interior, the ment, respectively, would receive if author- other appropriate agency in writing within Governor of Nevada, and the Archivist of the ized to tax integrated management system 60 days of such date of enactment that it United States. activities, as such affected Indian tribe or af- elects not to take title to all or any part of ‘‘(4) NOTICE AND MAPS.—Concurrent with fected unit of local government taxes the the property, except that any lands conveyed the Secretary’s application to the Commis- non-Federal real property and industrial ac- to the County of Nye under this subsection sion for authority to construct the reposi- tivities occurring within such affected unit that are subject to a Federal grazing permit tory, the Secretary shall— of local government. or lease or a similar federally granted permit ‘‘(2) TERMINATION.—Such grants shall con- ‘‘(A) publish in the Federal Register a no- or lease shall be conveyed between 60 and 120 tinue until such time as all such activities, tice containing a legal description of the days of the earliest time the Federal agency development, and operations are terminated Yucca Mountain site; and administering or granting the permit or at such site. ‘‘(B) file copies of the maps described in lease would be able to legally terminate such ‘‘(3) ASSISTANCE TO INDIAN TRIBES AND paragraph (2), and the legal description of right under the statutes and regulations ex- UNITS OF LOCAL GOVERNMENT.— the Yucca Mountain site with the Congress, isting at the date of enactment of this Act, the Secretary of the Interior, the Governor ‘‘(A) PERIOD.—Any affected Indian tribe or affected unit of local government may not unless Nye County and the affected holder of of Nevada, and the Archivist of the United the permit or lease negotiate an agreement States. receive any grant under paragraph (1) after the expiration of the 1-year period following that allows for an earlier conveyance. ‘‘(5) CONSTRUCTION.—The maps and legal the date on which the Secretary notifies the ‘‘(b) SPECIAL CONVEYANCES.—Notwith- descriptions of the interim storage facility standing any other law, the following public site and the Yucca Mountain site referred to affected Indian tribe or affected unit of local government of the termination of the oper- lands depicted on the maps and legal descrip- in this subsection shall have the same force tions dated October 11, 1995, and on file with and effect as if they were included in this ation of the integrated management system. ‘‘(B) ACTIVITIES.—Any affected Indian tribe the Secretary shall be conveyed under sub- Act. The Secretary may correct clerical and or affected unit of local government may not section (a) to the County of Nye, Nevada: typographical errors in the maps and legal receive any further assistance under this sec- ‘‘Map 1: Proposed Pahrump Industrial Park descriptions and make minor adjustments in tion if the integrated management system Site the boundaries of the sites. activities at such site are terminated by the ‘‘Map 2: Proposed Lathrop Wells (Gate 510) ‘‘TITLE III—LOCAL RELATIONS Secretary or if such activities are perma- Industrial Park Site ‘‘SEC. 301. FINANCIAL ASSISTANCE. nently enjoined by any court. ‘‘Map 3: Pahrump Landfill Sites ‘‘Map 4: Amargosa Valley Regional Land- ‘‘(a) GRANTS.—The Secretary is authorized ‘‘SEC. 302. ON-SITE REPRESENTATIVE. to make grants to any affected Indian tribe ‘‘The Secretary shall offer to the unit of fill Site ‘‘Map 5: Amargosa Valley Municipal Land- or affected unit of local government for pur- local government within whose jurisdiction a fill Site poses of enabling the affected Indian tribe or site for an interim storage facility or reposi- ‘‘Map 6: Beatty Landfill/Transfer Station affected unit of local government— tory is located under this Act an opportunity Site ‘‘(1) to review activities taken with respect to designate a representative to conduct on ‘‘Map 7: Round Mountain Landfill Site to the Yucca Mountain site for purposes of site oversight activities at such site. The ‘‘Map 8: Tonopah Landfill Site determining any potential economic, social, Secretary is authorized to pay the reason- ‘‘Map 9: Gabbs Landfill Site. public health and safety, and environmental able expenses of such representative. ‘‘(3) CONSTRUCTION.—The maps and legal impacts of the integrated management sys- ‘‘SEC. 303. ACCEPTANCE OF BENEFITS. descriptions of special conveyances referred tem on the affected Indian tribe or the af- ‘‘(a) CONSENT.—The acceptance or use of to in subsection (b) shall have the same force fected unit of local government and its resi- any of the benefits provided under this title and effect as if they were included in this dents; by any affected Indian tribe or affected unit Act. The Secretary may correct clerical and ‘‘(2) to develop a request for impact assist- of local government shall not be deemed to typographical errors in the maps and legal ance under subsection (c); be an expression of consent, express, or im- descriptions and make minor adjustments in ‘‘(3) to engage in any monitoring, testing, plied, either under the Constitution of the the boundaries of the sites. or evaluation activities with regard to such State or any law thereof, to the siting of an ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon site; interim storage facility or repository in the the request of the County of Nye, Nevada, ‘‘(4) to provide information to residents re- State of Nevada, any provision of such Con- the Secretary of the Interior shall provide garding any activities of the Secretary, or stitution or laws to the contrary evidence of title transfer. the Commission with respect to such site; notwthstanding. and ‘‘(b) ARGUMENTS.—Neither the United ‘‘TITLE IV—FUNDING AND ‘‘(5) to request information from, and make States nor any other entity may assert any ORGANIZATION comments and recommendations to, the Sec- argument based on legal or equitable estop- ‘‘SEC. 401. PROGRAM FUNDING. retary regarding any activities taken with pel, or acquiesence, or waiver, or consensual ‘‘(a) CONTRACTS.— respect to such site. involvement, in response to any decision by ‘‘(1) AUTHORITY OF SECRETARY.—In the per- ‘‘(b) SALARY AND TRAVEL EXPENSES.—Any the State to oppose the siting in Nevada of formance of the Secretary’s functions under salary or travel expense that would ordi- an interim storage facility or repository pre- this Act, the Secretary is authorized to enter narily be incurred by any affected Indian mised upon or related to the acceptance or into contracts with any person who gen- tribe or affected unit of local government use of benefits under this title. erates or holds title to spent nuclear fuel or may not be considered eligible for funding ‘‘(c) LIABILITY.—No liability of any nature high level radioactive waste of domestic ori- under this section. shall accrue to be asserted against any offi- gin for the acceptance of title and posses- ‘‘(c) FINANCIAL AND TECHNICAL ASSIST- cial of any governmental unit of Nevada pre- sion, transportation, interim storage, and ANCE.— mised solely upon the acceptance or use of disposal of such waste or spent fuel. Such ‘‘(1) ASSISTANCE REQUESTS.—The Secretary benefits under this title. contracts shall provide for payment of an- is authorized to offer to provide financial ‘‘SEC. 304. RESTRICTIONS ON USE OF FUNDS. nual fees to the Secretary in the amounts set and technical assistance to any affected In- ‘‘None of the funding provided under this by the Secretary pursuant to paragraph (2) dian tribe or affected unit of local govern- title may be used— and (3). Except as provided in paragraphs (3), July 23, 1996 CONGRESSIONAL RECORD — SENATE S8573 fees assessed pursuant to this paragraph posal of spent fuel or high-level radioactive and, after consultation with the Secretary, shall be paid to the Treasury of the United waste derived from spent nuclear fuel used to annually report to the Congress on the finan- States and shall be available for use by the generate electricity in a civilian power reac- cial condition and operations of the Nuclear Secretary pursuant to this section until ex- tor prior to January 7, 1983. Waste Fund during the preceding fiscal year. pended. Subsequent to the date of enactment ‘‘(4) ADJUSTMENTS TO FEE.—The Secretary ‘‘(B) AMOUNTS IN EXCESS OF CURRENT of the Nuclear Waste Policy Act of 1996, the shall annually review the amount of the fees NEEDS.—If the Secretary determines that the contracts executed under section 302(a) of established by paragraphs (2) and (3), to- Nuclear Waste Fund contains at any time the Nuclear Waste Policy Act of 1982 shall gether with the existing balance of the Nu- amounts in excess of current needs, the Sec- continue in effect under this Act, provided clear Waste Fund on the date of enactment retary may request the Secretary of the that the Secretary shall consent to an of the Nuclear Waste Policy Act of 1996, to Treasury to invest such amounts, or any por- amendment to such contracts as necessary evaluate whether collection of the fee will tion of such amounts as the Secretary deter- to implement the provisions of this Act. provide sufficient revenues to offset the mines to be appropriate, in obligations of the ‘‘(2) ANNUAL FEES.— costs as defined in subsection (c)(2). In the United States— ‘‘(A) For electricity generated by civilian event the Secretary determines that the rev- ‘‘(i) having maturities determined by the nuclear power reactors and sold between enues being collected are either insufficient Secretary of the Treasury to be appropriate January 7, 1983, and September 30, 2002, the or excessive to recover the costs incurred by to the needs of the Nuclear Waste Fund; and the Federal Government that are specified in fee under paragraph (1) shall be equal to 1.0 ‘‘(ii) bearing interest at rates determined subsection (c)(2), the Secretary shall propose mill per kilowatt hour generated and sold. to be appropriate by the Secretary of the an adjustment to the fee in subsection (c)(2) For electricity generated by civilian nuclear Treasury, taking into consideration the cur- to ensure full cost recovery. The Secretary power reactors and sold on or after October rent average market yield on outstanding shall immediately transmit the proposal for 1, 2002, the aggregate amount of fees col- marketable obligations of the United States such an adjustment to both houses of Con- lected during each fiscal year shall be no with remaining periods to maturity com- gress. greater than the annual level of appropria- parable to the maturities of such invest- ‘‘(b) ADVANCE CONTRACTING REQUIRE- tions for expenditures on those activities ments, except that the interest rate on such consistent with subsection (d) for that fiscal MENT.— ‘‘(1) IN GENERAL.— investments shall not exceed the average in- year, minus— terest rate applicable to existing borrowings. ‘‘(i) any unobligated balance collected pur- ‘‘(A) LICENSE ISSUANCE AND RENEWAL.—The suant to this section during the previous fis- Commission shall not issue or renew a li- ‘‘(C) EXEMPTION.—Receipts, proceeds, and cal year; and cense to any person to use a utilization or recoveries realized by the Secretary under ‘‘(ii) the percentage of such appropriation production facility under the authority of this section, and expenditures of amounts required to be funded by the Federal Govern- section 103 or 104 of the Atomic Energy Act from the Nuclear Waste Fund, shall be ex- ment pursuant to section 403. of 1954 (42 U.S.C. 2133, 2134) unless— empt from annual apportionment under the The Secretary shall determine the level of ‘‘(i) such person has entered into a con- provisions of subchapter II of chapter 15 of the annual fee for each civilian nuclear tract under subsection (a) with the Sec- title 31, United States Code. power reactor based on the amount of elec- retary; or ‘‘(d) BUDGET.—The Secretary shall submit tricity generated and sold, except that the ‘‘(ii) the Secretary affirms in writing that the budget for implementation of the Sec- annual fee collected under this subparagraph such person is actively and in good faith ne- retary’s responsibilities under this Act to shall not exceed 1.0 mill per kilowatt-hour gotiating with the Secretary for a contract the Office of Management and Budget annu- generated and sold. under this section. ally along with the budget of the Depart- ‘‘(B) PRECONDITION.—The Commission, as it ‘‘(B) EXPENDITURES IF SHORTFALL.—If, dur- ment of Energy submitted at such time in ing any fiscal year on or after October 1, deems necessary or appropriate, may require accordance with chapter 11 of title 31, United 2002, the aggregate amount of fees assessed as a precondition to the issuance or renewal States Code. The budget shall consist of the pursuant to subparagraph (A) is less than the of a license under section 103 or 104 of the estimates made by the Secretary of expendi- annual level of appropriations for expendi- Atomic Energy Act of 1954 (42 U.S.C. 2133, tures under this Act and other relevant fi- tures on those activities specified in sub- 2134) that the applicant for such license shall nancial matters for the succeeding 3 fiscal section (d) for that fiscal year, minus— have entered into an agreement with the years, and shall be included in the budget of ‘‘(i) any unobligated balance collected pur- Secretary for the disposal of spent nuclear the United States Government. suant to this section during the previous fis- fuel and high-level radioactive waste that ‘‘(e) APPROPRIATIONS.—The Secretary may cal year; and may result from the use of such license. make expenditures from the Nuclear Waste ‘‘(2) DISPOSAL IN REPOSITORY.—Except as ‘‘(ii) the percentage of such appropriations Fund, subject to appropriations, which shall provided in paragraph (1), no spent nuclear required to be funded by the Federal Govern- remain available until expended. ment pursuant to section 403, the Secretary fuel or high-level radioactive waste gen- erated or owned by any person (other than a ‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE may make expenditures from the Nuclear WASTE MANAGEMENT. Waste Fund up to the level of the fees as- department of the United States referred to in section 101 or 102 of title 5, United States ‘‘(a) ESTABLISHMENT.—There hereby is es- sessed. tablished within the Department of Energy ‘‘(C) RULES.—The Secretary shall, by rule, Code) may be disposed of by the Secretary in an Office of Civilian Radioactive Waste Man- establish procedures necessary to implement the repository unless the generator or owner agement. The Office shall be headed by a Di- this paragraph. of such spent fuel or waste has entered into rector, who shall be appointed by the Presi- ‘‘(3) ONE-TIME FEE.—For spent nuclear fuel a contract under subsection (a) with the Sec- dent, by and with the advice and consent of or solidified high-level radioactive waste de- retary by not later than the date on which the Senate, and who shall be compensated at rived from spent nuclear fuel, which fuel was such generator or owner commences genera- the rate payable for level IV of the Executive used to generate electricity in a civilian nu- tion of, or takes title to, such spent fuel or Schedule under section 5315 of title 5, United clear power reactor prior to January 7, 1983, waste. States Code. the fee shall be in an amount equivalent to ‘‘(3) ASSIGNMENT.—The rights and duties of an average charge of 1.0 mill per kilowatt- contract holders are assignable. ‘‘(b) FUNCTIONS OF DIRECTOR.—The Director hour for electricity generated by such spent ‘‘(c) NUCLEAR WASTE FUND.— of the Office shall be responsible for carrying ‘‘(1) IN GENERAL.—The Nuclear Waste Fund nuclear fuel, or such solidified high-level out the functions of the Secretary under this established in the Treasury of the United waste derived therefrom. Payment of such Act, subject to the general supervision of the States under section 302(c) of the Nuclear one-time fee prior to the date of enactment Secretary. The Director of the Office shall be Waste Policy Act of 1982 shall continue in ef- of the Nuclear Waste Policy Act of 1996 shall directly responsible to the Secretary. fect under this Act and shall consist of— ‘‘SEC. 403. FEDERAL CONTRIBUTION. satisfy the obligation imposed under this ‘‘(A) the existing balance in the Nuclear paragraph. Any one-time fee paid and col- Waste Fund on the date of enactment of the ‘‘(a) ALLOCATION.—No later than one year lected subsequent to the date of enactment Nuclear Waste Policy Act of 1996; and from the date of enactment of the Nuclear of the Nuclear Waste Policy Act of 1996 pur- ‘‘(B) all receipts, proceeds, and recoveries Waste Policy Act of 1966, acting pursuant to suant to the contracts, including any inter- realized under subsections (a), and (c)(3) sub- section 554 of title 5, United States Code, the est due pursuant to such contracts, shall be sequent to the date of enactment of the Nu- Secretary shall issue a final rule establish- paid to the Nuclear Waste Fund no later clear Waste Policy Act of 1996, which shall be ing the appropriate portion of the costs of than September 30, 2002. The Commission deposited in the Nuclear Waste Fund imme- managing spent nuclear fuel and high-level shall suspend the license of any licensee who diately upon their realization. radioactive waste under this Act allocable to fails or refuses to pay the full amount of the ‘‘(2) USE.—The Secretary may make ex- the interim storage or permanent disposal of fee referred to in this paragraph on or before penditures from the Nuclear Waste Fund, spent nuclear fuel and high-level radioactive September 30, 2002, and the license shall re- subject to subsections (d) and (e), only for waste from atomic energy defense activities main suspended until the full amount of the purposes of the integrated management sys- and spent nuclear fuel from foreign research fee referred to in this paragraph is paid. The tem. reactors. The share of costs allocable to the person paying the fee under this paragraph ‘‘(3) ADMINISTRATION OF NUCLEAR WASTE management of spent nuclear fuel and high- to the Secretary shall have no further finan- FUND— level radioactive waste from atomic energy cial obligation to the Federal Government ‘‘(A) IN GENERAL.—The Secretary of the defense activities and spent nuclear fuel for the long-term storage and permanent dis- Treasury shall hold the Nuclear Waste Fund from foreign research reactors shall include, S8574 CONGRESSIONAL RECORD — SENATE July 23, 1996 ‘‘(1) an appropriate portion of the costs as- under subsection (a)(1) may be brought no tion, or operation of the facility or activity sociated with research and development ac- later than 180 days after the date of the deci- for which such license application, author- tivities with respect to development of an in- sion or action or failure to act involved, as ization, or amendment is being considered; terim storage facility and repository; and the case may be, except that if a party shows or ‘‘(2) as appropriate, interest on the prin- that he did not know of the decision or ac- ‘‘(ii) any siting or design issue fully consid- cipal amounts due calculated by reference to tion complained of (or of the failure to act), ered and decided by the Commission in con- the appropriate Treasury bill rate as if the and that a reasonable person acting under nection with the issuance of a construction payments were made at a point in time con- the circumstances would not have known, permit or operating license for a civilian nu- sistent with the payment dates for spent nu- such party may bring a civil action no later clear power reactor at such site, unless clear fuel and high-level radioactive waste than 180 days after the date such party ac- ‘‘(I) such issue results from any revision of under the contracts. quired actual or constructive knowledge of siting or design criteria by the Commission ‘‘(b) APPROPRIATION REQUEST.—In addition such decision, action, or failure to act. following such decision; and to any request for an appropriation from the ‘‘(c) APPLICATION OF OTHER LAW.—The pro- ‘‘(II) the Commission determines that such Nuclear Waste Fund, the Secretary shall re- visions of this section relating to any matter issue substantially affects the design, con- quest annual appropriations from general shall apply in lieu of the provisions of any struction, or operation of the facility or ac- revenues in amounts sufficient to pay the other Act relating to the same matter. tivity for which such license application, au- costs of the management of spent nuclear ‘‘SEC. 503. LICENSING OF FACILITY EXPANSIONS thorization, or amendment is being consid- fuel and high-level radioactive waste from AND TRANSSHIPMENTS. ered. atomic energy defense activities and spent ‘‘(a) ORAL ARGUMENT.—In any Commission ‘‘(3) APPLICATION.—The provisions of para- nuclear fuel from foreign research reactors, hearing under section 189 of the Atomic En- graph (2)(B) shall apply only with respect to as established under subsection (a). ergy Act of 1954 (42 U.S.C. 2239) on an appli- licenses, authorizations, or amendments to ‘‘(c) REPORT.—In conjunction with the an- cation for a license, or for an amendment to licenses or authorizations, applied for under nual report submitted to Congress under sec- an existing license, filed after January 7, the Atomic Energy Act of 1954 (42 U.S.C. 2011 tion 702, the Secretary shall advise the Con- 1983, to expand the spent nuclear fuel storage et seq.) before December 31, 2005. gress annually of the amount of spent nu- capacity at the site of a civilian nuclear ‘‘(4) CONSTRUCTION.—The provisions of this clear fuel and high-level radioactive waste power reactor, through the use of high-den- section shall not apply to the first applica- from atomic energy defense activities and sity fuel storage racks, fuel rod compaction, tion for a license or license amendment re- spent nuclear fuel from foreign research re- the transshipment of spent nuclear fuel to ceived by the Commission to expand onsite actors, requiring management in the inte- another civilian nuclear power reactor with- spent fuel storage capacity by the use of a grated management system. in the same utility system, the construction new technology not previously approved for ‘‘(d) AUTHORIZATION.—There is authorized of additional spent nuclear fuel pool capac- use at any nuclear power plant by the Com- to be appropriated to the Secretary, from ity or dry storage capacity, or by other mission. general revenues, for carrying out the pur- means, the Commission shall, at the request ‘‘(c) JUDICIAL REVIEW.—No court shall hold poses of this Act, such sums as may be nec- of any party, provide an opportunity for oral unlawful or set aside a decision of the Com- essary to pay the costs of the management of argument with respect to any matter which mission in any proceeding described in sub- spent nuclear fuel and high-level radioactive the Commission determines to be in con- section (a) because of failure by the Commis- waste from atomic energy defense activities troversy among the parties. The oral argu- sion to use a particular procedure pursuant and spent nuclear fuel from foreign research ment shall be preceded by such discovery to this section unless— reactors, as established under subsection (a). procedures as the rules of the Commission ‘‘(1) an objection to the procedure used was ‘‘TITLE V—GENERAL AND shall provide. The Commission shall require presented to the Commission in a timely MISCELLANEOUS PROVISIONS each party, including the Commission staff, fashion or there are extraordinary cir- cumstances that excuse the failure to ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS. to submit in written form, at the time of the present a timely objection; and ‘‘If the requirements of any Federal, State, oral argument, a summary of the facts, data, ‘‘(2) the court finds that such failure has or local law (including a requirement im- and arguments upon which such party pro- precluded a fair consideration and informed posed by regulation or by any other means poses to rely that are known at such time to resolution of a significant issue of the pro- under such a law) are inconsistent with or such party. Only facts and data in the form ceeding taken as a whole. duplicative of the requirements of the Atom- of sworn testimony or written submission ic Energy Act of 1954 (42 U.S.C. 2011 et seq.) may be relied upon by the parties during oral ‘‘SEC. 504. SITING A SECOND REPOSITORY. or of this Act, the Secretary shall comply argument. Of the materials that may be sub- ‘‘(a) CONGRESSIONAL ACTION REQUIRED.— only with the requirements of the Atomic mitted by the parties during oral argument, The Secretary may not conduct site-specific Energy Act of 1954 and of this Act in imple- the Commission shall only consider those activities with respect to a second repository menting the integrated management system. facts and data that are submitted in the unless Congress has specifically authorized and appropriated funds for such activities. ‘‘SEC. 502. JUDICIAL REVIEW OF AGENCY AC- form of sworn testimony or written submis- ‘‘(b) REPORT.—The Secretary shall report TIONS. sion. to the President and to Congress on or after ‘‘(a) JURISDICTION OF THE UNITED STATES ‘‘(b) ADJUDICATORY HEARING.— January 1, 2007, but not later than January 1, COURTS OF APPEALS.— ‘‘(1) DESIGNATION.—At the conclusion of ‘‘(1) ORIGINAL AND EXCLUSIVE JURISDIC- any oral argument under subsection (a), the 2010, on the need for a second repository. TION.—Except for review in the Supreme Commission shall designate any disputed ‘‘SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW- Court of the United States, and except as question of fact, together with any remain- LEVEL RADIOACTIVE WASTE SITE CLOSURE. otherwise provided in this Act, the United ing questions of law, for resolution in an ad- ‘‘(a) FINANCIAL ARRANGEMENTS.— States courts of appeals shall have original judicatory hearing only if it determines ‘‘(1) STANDARDS AND INSTRUCTIONS.—The and exclusive jurisdiction over any civil ac- that— Commission shall establish by rule, regula- tion— ‘‘(A) there is a genuine and substantial dis- tion, or order, after public notice, and in ac- ‘‘(A) for review of any final decision or ac- pute of fact which can only be resolved with cordance with section 181 of the Atomic En- tion of the Secretary, the President, or the sufficient accuracy by the introduction of ergy Act of 1954 (42 U.S.C. 2231), such stand- Commission under this Act; evidence in an adjudicatory hearing; and ‘‘(B) alleging the failure of the Secretary, ‘‘(B) the decision of the Commission is ards and instructions as the Commission the President, or the Commission to make likely to depend in whole or in part on the may deem necessary or desirable to ensure in any decision, or take any action, required resolution of such dispute. the case of each license for the disposal of under this Act; ‘‘(2) DETERMINATION.—In making a deter- low-level radioactive waste that an adequate ‘‘(C) challenging the constitutionality of mination under this subsection, the Commis- bond, surety, or other financial arrangement any decision made, or action taken, under sion— (as determined by the Commission) will be any provision of this Act; or ‘‘(A) shall designate in writing the specific provided by a licensee to permit completion ‘‘(D) for review of any environmental im- facts that are in genuine and substantial dis- of all requirements established by the Com- pact statement prepared or environmental pute, the reason why the decision of the mission for the decontamination, decommis- assessment pursuant to the National Envi- agency is likely to depend on the resolution sioning, site closure, and reclamation of site, ronmental Policy Act of 1969 (42 U.S.C. 4321 of such facts, and the reason why an adju- structures, and equipment used in conjunc- et seq.) with respect to any action under this dicatory hearing is likely to resolve the dis- tion with such low-level radioactive waste. Act or alleging a failure to prepare such pute; and Such financial arrangements shall be pro- statement with respect to any such action. ‘‘(B) shall not consider— vided and approved by the Commission, or, ‘‘(2) VENUE.—The venue of any proceeding ‘‘(i) any issue relating to the design, con- in the case of sites within the boundaries of under this section shall be in the judicial cir- struction, or operation of any civilian nu- any agreement State under section 274 of the cuit in which the petitioner involved resides clear power reactor already licensed to oper- Atomic Energy Act of 1954 (42 U.S.C. 2021), by or has its principal office, or in the United ate at such site, or any civilian nuclear the appropriate State or State entity, prior States Court of Appeals for the District of power reactor to which a construction per- to issuance of licenses for low-level radio- Columbia Circuit. mit has been granted at such site, unless the active waste disposal or, in the case of li- ‘‘(b) DEADLINE FOR COMMENCING ACTION.—A Commission determines that any such issue censes in effect on January 7, 1983, prior to civil action for judicial review described substantially affects the design, construc- termination of such licenses. July 23, 1996 CONGRESSIONAL RECORD — SENATE S8575

‘‘(2) BONDING, SURETY, OR OTHER FINANCIAL ‘‘(b) If the Secretary is unable to begin em- ‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW ARRANGEMENTS.—If the Commission deter- placement by January 31, 1999 at the rates BOARD. mines that any long-term maintenance or specified in subsection (a), or if the cumu- ‘‘(a) CONTINUATION OF THE NUCLEAR WASTE monitoring, or both, will be necessary at a lative amount emplaced in any year there- TECHNICAL REVIEW BOARD.—The Nuclear site described in paragraph (1), the Commis- after is less than that which would have been Waste Technical Review Board, established sion shall ensure before termination of the accepted under the emplacement rate speci- under section 502(a) of the Nuclear Waste license involved that the licensee has made fied in subsection (a), the Secretary shall, as Policy Act of 1982 as constituted prior to the available such bonding, surety, or other fi- a mitigation measure, adjust the emplace- date of enactment of the Nuclear Waste Pol- nancial arrangements as may be necessary ment schedule upward such that within 5 icy Act of 1966, shall continue in effect subse- to ensure that any necessary long-term years of the start of emplacement by the quent to the date of enactment of the Nu- maintenance or monitoring needed for such Secretary, clear Waste Policy Act of 1996. site will be carried out by the person having ‘‘(1) the total quantity accepted by the ‘‘(b) MEMBERS.— title and custody for such site following li- Secretary is consistent with the total quan- ‘‘(1) NUMBER.—The Board shall consist of 11 cense termination. tity that the Secretary would have accepted members who shall be appointed by the ‘‘(b) TITLE AND CUSTODY.— if the Secretary had begun emplacement in President not later than 90 days after De- ‘‘(1) AUTHORITY OF SECRETARY.—The Sec- fiscal year 2000, and cember 22, 1987, from among persons nomi- retary shall have authority to assume title ‘‘(2) thereafter the emplacement rate is nated by the National Academy of Sciences and custody of low-level radioactive waste equivalent to the rate that would be in place in accordance with paragraph (3). and the land on which such waste is disposed pursuant to paragraph (a) above if the Sec- ‘‘(2) CHAIR.—The President shall designate of, upon request of the owner of such waste retary had commenced emplacement in fis- a member of the Board to serve as Chairman. and land and following termination of the li- cal year 2000. ‘‘(3) NATIONAL ACADEMY OF SCIENCES.— cense issued by the Commission for such dis- ‘‘SEC. 508. TRANSFER OF TITLE. ‘‘(A) NOMINATIONS.—The National Academy posal, if the Commission determines that— ‘‘(a) Acceptance by the Secretary of any of Sciences shall, not later than 90 days after ‘‘(A) the requirements of the Commission spent nuclear fuel or high-level radioactive December 22, 1987, nominate not less than 22 for site closure, decommissioning, and de- waste shall constitute a transfer of title to persons for appointment to the Board from contamination have been met by the licensee the Secretary. among persons who meet the qualifications involved and that such licensee is in compli- ‘‘(b) No later than 6 months following the described in subparagraph (C). ance with the provisions of subsection (a); date of enactment of the Nuclear Waste Pol- ‘‘(B) VACANCIES.—The National Academy of ‘‘(B) such title and custody will be trans- icy Act of 1996, the Secretary is authorized Sciences shall nominate not less than 2 per- ferred to the Secretary without cost to the to accept all spent nuclear fuel withdrawn sons to fill any vacancy on the Board from Federal Government; and from Dairyland Power Cooperative’s La among persons who meet the qualifications ‘‘(C) Federal ownership and management of Crosse Reactor and, upon acceptance, shall described in subparagraph (C). such site is necessary or desirable in order to provide Dairyland Power Cooperative with ‘‘(C) NOMINEES.— protect the public health and safety, and the evidence of the title transfer. Immediately ‘‘(i) Each person nominated for appoint- environment. upon the Secretary’s acceptance of such ment to the Board shall be— ‘‘(2) PROTECTION.—If the Secretary assumes spent nuclear fuel, the Secretary shall as- ‘‘(I) eminent in a field of science or engi- title and custody of any such waste and land sume all responsibility and liability for the neering, including environmental sciences; under this subsection, the Secretary shall interim storage and permanent disposal and maintain such waste and land in a manner thereof and is authorized to compensate ‘‘(II) selected solely on the basis of estab- that will protect the public health and safe- Dairyland Power Cooperative for any costs lished records of distinguished service. ty, and the environment. related to operating and maintaining facili- ‘‘(ii) The membership of the Board shall be ‘‘(c) SPECIAL SITES.—If the low-level radio- ties necessary for such storage from the date representatives of the broad range of sci- active waste involved is the result of a li- of acceptance until the Secretary removes entific and engineering disciplines related to censed activity to recover zirconium, haf- the spent nuclear fuel from the La Crosse activities under this title. nium, and rare earths from source material, Reactor site.’’ ‘‘(iii) No person shall be nominated for ap- the Secretary, upon request of the owner of pointment to the Board who is an employee the site involved, shall assume title and cus- ‘‘SEC. 509. DECOMMISSIONING PILOT PROGRAM. ‘‘(a) AUTHORIZATION.—The Secretary is au- of— tody of such waste and the land on which it ‘‘(I) the Department of Energy; is disposed when such site has been decon- thorized to establish a Decommissioning Pilot Program to decommission and decon- ‘‘(II) a national laboratory under contract taminated and stabilized in accordance with with the Department of Energy; or the requirements established by the Com- taminate the sodium-cooled fast breeder ex- periment test-site reactor located in north- ‘‘(III) an entity performing spent nuclear mission and when such owner has made ade- fuel or high-level radioactive waste activi- quate financial arrangements approved by west Arkansas. ‘‘(b) FUNDING.—No funds from the Nuclear ties under contract with the Department of the Commission for the long-term mainte- Waste Fund may be used for the Decommis- Energy. nance and monitoring of such site. sioning Pilot Program. ‘‘(4) VACANCIES.—Any vacancy on the ‘‘SEC. 506. NUCLEAR REGULATORY COMMISSION Board shall be filled by the nomination and TRAINING AUTHORIZATION. ‘‘SEC. 510. WATER RIGHTS. ‘‘(a) NO FEDERAL RESERVATION.—Nothing appointment process described in paragraphs ‘‘The Commission is authorized and di- (1) and (3). rected to promulgate regulations, or other in this Act or any other Act of Congress ‘‘(5) TERMS.—Members of the Board shall appropriate regulatory guidance, for the shall constitute or be construed to con- stitute either an express or implied Federal be appointed for terms of 4 years, each such training and qualifications of civilian nu- term to commence 120 days after December clear power plant operators, supervisors, reservation of water or water rights for any purpose arising under this Act. 22, 1987, except that of the 11 members first technicians, and other appropriate operating appointed to the Board, 5 shall serve for 2 personnel. Such regulations or guidance ‘‘(b) ACQUISITION AND EXERCISE OF WATER RIGHTS UNDER NEVADA LAW.—The United years and 6 shall serve for 4 years, to be des- shall establish simulator training require- ignated by the President at the time of ap- ments for applicants for civilian nuclear States may acquire and exercise such water rights as it deems necessary to carry out its pointment, except that a member of the power plant operator licenses and for opera- Board whose term has expired may continue tor requalification programs; requirements responsibilities under this Act pursuant to the substantive and procedural requirements to serve as a member of the Board until such governing Commission administration of re- member’s successor has taken office. qualification examinations; requirements for of the State of Nevada. Nothing in this Act operating tests at civilian nuclear power shall be construed to authorize the use of ‘‘SEC. 603. FUNCTIONS. plant simulators, and instructional require- eminent domain by the United States to ac- ‘‘The Board shall limit its evaluations to ments for civilian nuclear power plant li- quire water rights for such lands. the technical and scientific validity solely of censee personnel training programs. ‘‘(c) EXERCISE OF WATER RIGHTS GEN- the following activities undertaken directly ERALLY UNDER NEVADA LAWS.—Nothing in by the Secretary after December 22, 1987— ‘‘SEC. 507. EMPLACEMENT SCHEDULE. this Act shall be construed to limit the exer- ‘‘(a) The emplacement schedule shall be ‘‘(1) site characterization activities; and cise of water rights as provided under Ne- implemented in accordance with the follow- ‘‘(2) activities of the Secretary relating to vada State laws. ing: the packaging or transportation of spent nu- ‘‘(1) Emplacement priority ranking shall ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL clear fuel or high-level radioactive waste. be determined by the Department’s annual REVIEW BOARD ‘‘SEC. 604. INVESTIGATORY POWERS. ‘Acceptance Priority Ranking’ report. ‘‘SEC. 601. DEFINITIONS. ‘‘(a) HEARINGS.—Upon request of the Chair- ‘‘(2) The Secretary’s spent fuel emplace- ‘‘For purposes of this title— man or a majority of the members of the ment rate shall be no less than the following: ‘‘(1) CHAIRMAN.—The term ‘‘Chairman’’ Board, the Board may hold such hearings, sit 1,200 MTU in fiscal year 2000 and 1,200 MTU means the Chairman of the Nuclear Waste and act at such times and places, take such in fiscal year 2001; 2,000 MTU in fiscal year Technical Review Board. testimony, and receive such evidence, as the 2002 and 2000 MTU in fiscal year 2003; 2,700 ‘‘(2) BOARD.—The term ‘‘Board’’ means the Board considers appropriate. Any member of MTU in fiscal year 2004; and 3,000 MTU annu- Nuclear Waste Technical Review Board con- the Board may administer oaths or affirma- ally thereafter. tinued under section 602. tions to witnesses appearing before the S8576 CONGRESSIONAL RECORD — SENATE July 23, 1996

Board. The Secretary or the Secretary’s des- under the same conditions as other depart- ‘‘(e) SITE CHARACTERIZATION.—The Sec- ignee or designees shall not be required to ments and agencies of the United States. retary shall employ, on an on-going basis, in- appear before the Board or any element of ‘‘(e) EXPERTS AND CONSULTANTS.—Subject tegrated performance modeling to identify the Board for more than twelve working to such rules as may be prescribed by the appropriate parameters for the remaining days per calendar year. Board, the Chairman may procure temporary site characterization effort and to eliminate ‘‘(b) PRODUCTION OF DOCUMENTS.— and intermittent services under section studies of parameters that are shown not to ‘‘(1) RESPONSE TO INQUIRIES.—Upon the re- 3109(b) of title 5 of the United States Code, affect long-term repository performance. quest of the Chairman or a majority of the but at rates for individuals not to exceed the ‘‘SEC. 702. REPORTING. members of the Board, and subject to exist- daily equivalent of the maximum annual ‘‘(a) INITIAL REPORT.—Within 180 days of ing law, the Secretary (or any contractor of rate of basic pay payable for GS–18 of the enactment of this section, the Secretary the Secretary) shall provide the Board with General Schedule. shall report to Congress on its planned ac- such records, files, papers, data, or informa- ‘‘SEC. 608. REPORT. tions for implementing the provisions of this tion that is generally available to the public ‘‘The Board shall report not less than 2 Act, including the development of the Inte- as may be necessary to respond to any in- times per year to Congress and the Secretary grated Waste Management System. Such re- quiry of the Board under this title. its findings, conclusions, and recommenda- port shall include— ‘‘(2) EXTENT.—Subject to existing law, in- tions. ‘‘(1) an analysis of the Secretary’s progress formation obtainable under paragraph (1) in meeting its statutory and contractual ob- may include drafts of products and docu- ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. ligation to accept title to, possession of, and mentation of work in progress. ‘‘There are authorized to be appropriated delivery of spent nuclear fuel and high-level ‘‘SEC. 605. COMPENSATION OF MEMBERS. for expenditures such sums as may be nec- essary to carry out the provisions of this radioactive waste beginning no later than ‘‘(a) IN GENERAL.—Each member of the November 30, 1999, and in accordance with Board shall be paid at the rate of pay pay- title. the acceptance schedule; able for level III of the Executive Schedule ‘‘SEC. 610. TERMINATION OF THE BOARD. ‘‘(2) a detailed schedule and timeline show- for each day (including travel time) such ‘‘The Board shall cease to exist not later ing each action that the Secretary intends to member is engaged in the work of the Board. than one year after the date on which the take to meet the Secretary’s obligations ‘‘(b) TRAVEL EXPENSES.—Each member of Secretary begins disposal of spent nuclear under this Act and the contracts; the Board may receive travel expenses, in- fuel or high-level radioactive waste in the re- ‘‘(3) a detailed description of the Sec- cluding per diem in lieu of subsidence, in the pository. retary’s contingency plans in the event that same manner as is permitted under sections ‘‘TITLE VII—MANAGEMENT REFORM the Secretary is unable to meet the planned 5702 and 5703 of title 5, United States Code. ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES. schedule and timeline; and ‘‘SEC. 606. STAFF. ‘‘(a) IN GENERAL.—The Secretary is di- ‘‘(4) an analysis by the Secretary of its ‘‘(a) CLERICAL STAFF.— rected to take actions as necessary to im- funding needs for fiscal years 1997 through ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to prove the management of the civilian radio- 2001. paragraph (2), the Chairman may appoint active waste management program to ensure ‘‘(b) ANNUAL REPORTS.—On each anniver- and fix the compensation of such clerical that the program is operated, to the maxi- sary of the submittal of the report required staff as may be necessary to discharge the mum extent practicable, in like manner as a by subsection (a), the Secretary shall make responsibilities of the Board. private business. annual reports to the Congress for the pur- ‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff shall be appointed subject to the provisions ‘‘(b) AUDITS— pose of updating the information contained of title 5, United States Code, governing ap- ‘‘(1) STANDARD.—The Office of Civilian Ra- in such report. The annual reports shall be pointments in the competitive service, and dioactive Waste Management, its contrac- brief and shall notify the Congress of: shall be paid in accordance with the provi- tors, and subcontractors at all tiers, shall ‘‘(1) any modifications to the Secretary’s sions of chapter 51 and subchapter III of conduct, or have conducted, audits and ex- schedule and timeline for meeting its obliga- chapter 3 of such title relating to classifica- aminations of their operations in accordance tions under this Act; tion and General Schedule pay rates. with the usual and customary practices of ‘‘(2) the reasons for such modifications, ‘‘(b) PROFESSIONAL STAFF.— private corporations engaged in large nu- and the status of the implementation of any ‘‘(1) AUTHORITY OF THE CHAIRMAN.—Subject clear construction projects consistent with of the Secretary’s contingency plans; and to paragraphs (2) and (3), the Chairman may its role in the program. ‘‘(3) the Secretary’s analysis of its funding appoint and fix the compensation of such ‘‘(2) TIME.—The management practices and needs for the ensuing 5 fiscal years. professional staff as may be necessary to dis- performances of the Office of Civilian Radio- ‘‘SEC. 703. EFFECTIVE DATE. charge the responsibilities of the Board. active Waste Management shall be audited ‘‘This Act shall become effective——days ‘‘(2) NUMBER.—Not more than 10 profes- every 5 years by an independent manage- after enactment.’’. ment consulting firm with significant expe- sional staff members may be appointed f under this subsection. rience in similar audits of private corpora- ‘‘(3) TITLE 5.—Professional staff members tions engaged in large nuclear construction THE FOREIGN OPERATIONS, EX- may be appointed without regard to the pro- projects. The first such audit shall be con- PORT FINANCING, AND RELATED ducted 5 years after the enactment of the visions of title 5, United States Code, govern- PROGRAMS APPROPRIATIONS ing appointments in the competitive service, Nuclear Waste Policy Act of 1996. ACT, 1997 and may be paid without regard to the provi- ‘‘(3) COMPTROLLER GENERAL.—The Comp- sions of chapter 51 and subchapter III of troller General of the United States shall an- chapter 53 of such title relating to classifica- nually make an audit of the Office, in ac- tion and General Schedule pay rates, except cordance with such regulations as the Comp- PRESSLER AMENDMENT NO. 4986 that no individual so appointed may receive troller General may prescribe. The Comp- (Ordered to lie on the table.) pay in excess of the annual rate of basic pay troller General shall have access to such Mr. PRESSLER submitted an amend- payable for GS–18 of the General Schedule. books, records, accounts, and other mate- rials of the Office as the Comptroller General ment intended to be proposed by him ‘‘SEC. 607. SUPPORT SERVICES. to the bill (H.R. 3540) making appro- ‘‘(a) GENERAL SERVICES.—To the extent determines to be necessary for the prepara- permitted by law and requested by the Chair- tion of such audit. The Comptroller General priations for foreign operations, export man, the Administrator of General Services shall submit to the Congress a report on the financing, and related programs for the shall provide the Board with necessary ad- results of each audit conducted under this fiscal year ending September 30, 1997, ministrative services, facilities, and support section. and for other purposes; as follows: ‘‘(4) TIME.—No audit contemplated by this on a reimbursable basis. On page 198, between lines 17 and 18, insert subsection shall take longer than 30 days to ‘‘(b) ACCOUNTING, RESEARCH, AND TECH- the following: NOLOGY ASSESSMENT SERVICES.—The Comp- conduct. An audit report shall be issued in troller General and the Librarian of Congress final form no longer than 60 days after the SENSE OF SENATE ON DELIVERY BY CHINA OF shall, to the extent permitted by law and audit is commenced. CRUISE MISSILES TO IRAN subject to the availability of funds, provide ‘‘(5) PUBLIC DOCUMENTS.—All audit reports SEC. 580. (a) FINDINGS.—The Senate makes the Board with such facilities, support, funds shall be public documents and available to the following findings: and services including staff, as may be nec- any individual upon request. (1) On February 22, 1996, the Director of essary for the effective performance of the ‘‘(d) VALUE ENGINEERING.—The Secretary Central Intelligence informed the Senate functions of the Board. shall create a value engineering function that the Government of the People’s Repub- ‘‘(c) ADDITIONAL SUPPORT.—Upon the re- within the Office of Civilian Radioactive lic of China had delivered cruise missiles to quest of the Chairman, the Board may secure Waste Management that reports directly to Iran. directly from the head of any department or the Director, which shall carry out value en- (2) On June 19, 1996, the Under Secretary of agency of the United States information nec- gineering functions in accordance with the State for Arms Control and International Se- essary to enable it to carry out this title. usual and customary practices of private curity Affairs informed Congress that the ‘‘(d) MAILS.—The Board may use the Unit- corporations engaged in large nuclear con- Department of State had evidence of Chi- ed States mails in the same manner and struction projects. nese-produced cruise missiles in Iran. July 23, 1996 CONGRESSIONAL RECORD — SENATE S8577 (3) On at least three occasions in 1996, in- (12) the actions described in this section through State land acquisition planning cluding July 15, 1996, the Commander of the are most appropriately directed by the processes. United States Fifth Fleet has pointed to the States, with assistance from the Federal (d) INTERSTATE COORDINATION STRATEGY.— threat posed by Chinese-produced cruise mis- Government, as requested by the States; At the request of the States of Maine, New siles to the 15,000 United States sailors and (13) certain Federal tax policies work Hampshire, New York, and Vermont, the marines stationed in the Persian Gulf region. against the long-term ownership, manage- Chief of the Forest Service is authorized to (4) Section 1605 of the Iran-Iraq Arms Non- ment, and conservation of forest land in the make a representative of the State and Pri- Proliferation Act of 1992 (title XVI of Public Northern Forest region, and Congress and vate Forest Program available to meet with Law 102–484; 50 U.S.C. 1701 note) both re- the President should enact additional legis- representatives of the States to coordinate quires and authorizes the President to im- lation to address those tax policies as soon the implementation of Federal and State pose sanctions against any foreign govern- as possible; and policy recommendations issued by the ment that delivers cruise missiles to Iran. (14) this section effectuates certain rec- Northern Forest Lands Council and other (b) SENSE OF SENATE.—It is the sense of the ommendations of the Northern Forest Lands policies agreed to by the States. Senate that— Council that were developed with broad pub- (e) LAND CONSERVATION.—. (1) the Government of the People’s Repub- lic input and the involvement of Federal, (1) FEDERAL ASSISTANCE.—The Secretary of lic of China should immediately halt the de- State, and local governments. Agriculture (acting through the Chief of the livery of cruise missiles and other advanced (b) PRINCIPLES OF SUSTAINABILITY.— Forest Service) and the Secretary of the In- conventional weapons to Iran; and (1) IN GENERAL.—The Secretary of Agri- terior (acting through the Director of the (2) the President should enforce all appro- culture, acting through the Chief of the For- National Park Service and Director of the priate sanctions under United States law est Service, is authorized, at the request of United States Fish and Wildlife Service) at with respect to the delivery by that govern- the State of Maine, New Hampshire, New the request of the State of Maine, New ment of cruise missiles to Iran. York, or Vermont, to provide technical as- Hampshire, Vermont, or New York, is au- thorized to provide technical and financial f sistance for a State-based initiative directed by the State, to define the appropriate assistance for a State-managed public land THE AGRICULTURE, RURAL DE- benchmarks of sustainable forest manage- acquisition planning process and land acqui- VELOPMENT, FOOD AND DRUG ment that address the principles of sustain- sition initiatives directed by the State. ADMINISTRATION, AND RELATED ability, as recommended by the Northern (2) PROGRAM DEVELOPMENT.—A goal-ori- Forest Lands Council. ented planning process for a State described AGENCIES APPROPRIATIONS in paragraph (1) to establish a land conserva- ACT, 1997 (2) PRINCIPLES OF SUSTAINABILITY.—It is the sense of Congress that for the purposes of tion program shall include— paragraph (1), principles of sustainability (A) identification of, and setting of prior- ities for the acquisition of, fee or less-than- LEAHY (AND OTHERS) should include— (A) maintenance of soil productivity; fee interests in exceptional and important AMENDMENT NO. 4987 (B) conservation of water quality, wet- lands, in accordance with criteria that in- clude— Mr. LEAHY (for himself, Ms. SNOWE, lands, and riparian zones; (C) maintenance or creation of a healthy (i) places offering outstanding recreational Mr. GREGG, Mr. JEFFORDS, Mr. SMITH, opportunities, including locations for hunt- Mr. COHEN, Mr. MOYNIHAN, Mr. KEN- balance of forest age classes; (D) continuous flow of timber, pulpwood, ing, fishing, trapping, hiking, camping, and NEDY, and Mr. KERRY) proposed an and other forest products; other forms of back-country recreation; amendment to the bill (H.R. 3603) mak- (E) improvement of the overall quality of (ii) recreational access to river and lake ing appropriations for Agriculture, the timber resource as a foundation for more shorelines; Rural Development, Food and Drug Ad- value-added opportunities; (iii) land supporting vital ecological func- ministration, and related agencies pro- (F) addressing scenic quality by limiting tions and values; grams for the fiscal year ending Sep- adverse aesthetic impacts of forest harvest- (iv) habitats for rare, threatened, or endan- ing, particularly in high-elevation areas and gered natural communities, plants, and wild- tember 30, 1997, and for other purposes; life; as follows: vistas; (G) conservation and enhancement of habi- (v) areas of outstanding scenic value and At the end of the bill, add the following: tats that support a full range of native flora significant geological features; and ll SEC. . NORTHERN FOREST STEWARDSHIP. and fauna; (vi) working private forest lands that are (a) FINDINGS.—With respect to the North- (H) protection of unique or fragile natural of such significance or so threatened by con- ern Forest in the States of Maine, New areas; and version that conservation easements should Hampshire, New York, and Vermont, Con- (I) continuation of opportunities for tradi- be purchased; gress finds that— tional recreation. (B) acquisition of land and interests in (1) the current land ownership and manage- (c) NORTHERN FOREST RESEARCH COOPERA- land only from willing sellers; ment patterns have served the people and TIVE.—The Secretary of Agriculture, acting (C) involvement of local governments and forests of the region well; public policies re- through the Northeastern Forest Experiment landowners in the planning process in a lating to the Northern Forest should seek to Station and the Chief of the Forest Service, meaningful way that acknowledges their reinforce rather than replace the patterns of is authorized, at the request of the State of concerns about public land acquisition; ownership and use that have characterized Maine, New Hampshire, New York, or Ver- (D) recognition that zoning, while an im- lands in the Northern Forest for decades; mont, to cooperate with the State, the land portant land use mechanism, is not an appro- (2) people have a right to participate in de- grant universities of the State, natural re- priate substitution for acquisition; cisions that affect them; source and forestry schools, other Federal (E) assurances that unilateral eminent do- (3) the rights of private property owners agencies, and other interested parties in co- main will only be used with the consent of must be respected; ordinating ecological and economic research, the landowner to clear title and establish (4) natural systems must be sustained over including— purchase prices; the long term, including air, soil, water, and (1) research at those universities on eco- (F) efficient use of public funds by purchas- the diversity of plant and animal species; system health, forest management, product ing only the rights necessary to best identify (5) the history and culture of the Northern development, economics, and related fields; and protect exceptional values; Forest and the connections between people (2) development of specific forest manage- (G) consideration of the potential impacts and the land must be respected; ment guidelines to achieve principles of sus- and benefits of land and easement acquisi- (6) States should work in partnership with tainability described in subsection (b) as rec- tion on local and regional economies; local governments and the Federal Govern- ommended by the Northern Forest Lands (H) consideration of the necessity of in- ment; Council; cluding costs of future public land manage- (7) differences among the 4 Northern For- (3) technology transfer to the wood prod- ment in the assessment of overall costs of est States must be recognized; ucts industry on efficient processing, pollu- acquisition; (8) people must appreciate that the North- tion prevention, and energy conservation; (I) minimization of adverse tax con- ern Forest has values that are important be- (4) dissemination of existing and new infor- sequences to municipalities by making funds yond the boundaries of the Northern Forest; mation to landowners, public and private re- available to continue to pay property taxes (9) because public funds are scarce, the source managers, State forest citizen advi- based at least on current use valuation of greatest public benefit must be secured for sory committees, and the general public parcels acquired, payments in lieu of taxes, any additional investment; through professional associations, publica- user fee revenues, or other benefits, where (10) proposals must be judged by their long- tions, and other information clearinghouse appropriate; term benefits, looking at least 50 years into activities; and (J) identification of the potential for ex- the future; (5) analysis of strategies for the protection changing public land for privately held land (11) programs and regulations in existence of areas of outstanding ecological signifi- of greater public value; and on the date of enactment of this Act should cance, high biodiversity, and the provision of (K) assurances that any land or interests be continually evaluated, built upon, and im- important recreational opportunities, in- inland that are acquired are used and man- proved before new ones are created; cluding strategies for areas identified aged for their intended purposes. S8578 CONGRESSIONAL RECORD — SENATE July 23, 1996

(3) WILLING SELLER.—No Federal funds (A) private landowners often manage their (1) AUTHORITY TO MAKE LOANS.—Section made available to carry out this section may lands in ways that produce a variety of pub- 515(b)(4) of the Housing Act of 1949 (42 U.S.C. be expended for acquisition of private or pub- lic benefits, including wildlife habitat; and 1485(b)(4)) is amended by striking ‘‘Septem- lic property unless the owner of the property (B) there should be more incentives for pri- ber 30, 1996’’ and inserting ‘‘September 30, willingly offers the property for sale. vate landowners to exceed current forest 1997’’. (4) LAND ACQUISITION.— management standards and responsibilities (2) SET-ASIDE FOR NONPROFIT ENTITIES.— (A) FUNDING.—After completion of the under Federal laws. The first sentence of section 515(w)(1) of the planning process under paragraph (2), a Fed- (2) SENSE OF CONGRESS.—It is the sense of Housing Act of 1949 (42 U.S.C. 1485(w)(1)) is eral and State cooperative land acquisition Congress that Congress should make it a pri- amended by striking ‘‘fiscal year 1996’’ and project under this section may be carried out ority to consider legislation that creates a inserting ‘‘fiscal year 1997’’. with funding provided exclusively by the funding mechanism to support the conserva- (b) EXTENSION OF HOUSING IN UNDERSERVED Federal Government or with funding pro- tion of nongame fish and wildlife and associ- AREAS PROGRAM.—The first sentence of sec- vided by both the Federal Government and a ated recreation activities on public and pri- tion 509(f)(4)(A) of the Housing Act of 1949 (42 State government. vate lands and does not replace, substitute, U.S.C. 1479(f)(4)(A)) is amended by striking (B) OBJECTIVES.—A cooperative land acqui- or duplicate existing laws that support game ‘‘fiscal year 1996’’ and inserting ‘‘fiscal year sition project funded under this section shall fish and wildlife. 1997’’. promote State land conservation objectives (h) WATER QUALITY.—The Administrator of (c) REFORMS FOR MULTIFAMILY RURAL that correspond with Federal goals and the the Environmental Protection Agency, in co- HOUSING LOAN PROGRAM.— recommendations of the Northern Forest operation with the Secretary of Agriculture (1) LIMITATION ON PROJECT TRANSFERS.— Lands Council. and the Secretary of the Interior, is author- Section 515 of the Housing Act of 1949 (42 (5) COMPLEMENTARY PROGRAM.—The Sec- ized, at the request of the State of Maine, U.S.C. 1485) is amended by inserting after retary of the Interior shall conduct activi- New Hampshire, New York, or Vermont, to subsection (g) the following new subsection: ties under this subsection— provide technical and financial assistance to ‘‘(h) PROJECT TRANSFERS.—After the date (A) as a complement to the State Com- assess water quality trends within the of the enactment of the Act entitled ‘An Act prehensive Outdoor Recreation Plan for each Northern Forest region. making appropriations for Agriculture, Northern Forest State in existence on the (i) RURAL COMMUNITY ASSISTANCE.— Rural Development, Food and Drug Adminis- date of enactment of this section; and (1) IN GENERAL.—The Secretary of Agri- tration, and Related Agencies programs for (B) with a landscape perspective. culture is authorized, at the request of the the fiscal year ending September 30, 1997, and (6) AUTHORIZATION OF APPROPRIATIONS.— State of Maine, New Hampshire, New York, for other purposes’, the ownership or control (A) IN GENERAL.—There are authorized to or Vermont, to provide technical and finan- of a project for which a loan is made or in- be appropriated, out of any funds made avail- cial assistance to the State, working in part- sured under this section may be transferred able for State purposes under section 6 of the nership with the forest products industry, only if the Secretary determines that such Land and Water Conservation Fund Act of local communities, and other interests to de- transfer would further the provision of hous- 1965 (16 U.S.C. 460l–8), such sums as are nec- velop technical and marketing capacity ing and related facilities for low-income fam- essary to carry out this subsection. within rural communities for realizing ilies or persons and would be in the best in- (B) EFFECT ON APPORTIONMENT.—Apportion- value-added opportunities in the forest prod- terests of residents and the Federal Govern- ment among the States under section 6(b) of ucts sector. ment.’’. the Act (16 U.S.C. 460l–8(b)) shall be from (2) RURAL COMMUNITY ASSISTANCE PRO- (2) EQUITY LOANS.—Section 515(t) of the funds not appropriated under subparagraph GRAM.—Sufficient funds from the rural com- Housing Act of 1949 (42 U.S.C. 1485(t)) is (A). munity assistance program under paragraph amended— (f) LANDOWNER LIABILITY EXEMPTION.— (1) shall be directed to support State-based (A) by striking paragraphs (4) and (5); and (1) FINDINGS.—Congress finds that— public and private initiatives to— (B) by redesignating paragraphs (6) (A) many landowners keep their land open (A) strengthen partnerships between the through (8) as paragraphs (4) through (6), re- and available for responsible recreation; and public and private sectors and enhance the spectively. (B) private lands help provide important viability of rural communities; (3) EQUITY TAKEOUT LOANS TO EXTEND LOW- forest-based recreation opportunities for the (B) develop technical capacity in the utili- INCOME USE.— public in the Northern Forest region. zation and marketing of value-added forest (A) AUTHORITY AND LIMITATION.—Section (2) SENSE OF CONGRESS.—It is the sense of products; and 502(c)(4)(B)(iv) of the Housing Act of 1949 (42 Congress that States and other interested (C) develop extension capacity in deliver- U.S.C. 1472(c)(4)(B)(iv)) is amended by insert- persons should pursue initiatives that— ing utilization and marketing information to ing before the period at the end the follow- (A) strengthen relief-from-liability laws to forest-based businesses. ing: ‘‘or under paragraphs (1) and (2) of sec- protect landowners that allow responsible (j) AUTHORIZATION OF APPROPRIATIONS.— tion 514(j), except that an equity loan re- public recreational use of their lands; There are authorized to be appropriated such ferred to in this clause may not be made (B) update relief-from-liability laws to es- sums as are necessary to carry out sub- available after the date of the enactment of tablish hold-harmless mechanisms for land- sections (b), (c), (d), (e), (h), and (i) of this the Act entitled ‘An Act making appropria- owners that open their land to public use, in- section and section 2371 of the Rural Eco- tions for Agriculture, Rural Development, cluding provision for payment by the State nomic Development Act of 1990 (7 U.S.C. 6601) Food and Drug Administration, and Related of the costs of a landowner’s defense against in the States of Maine, New Hampshire, New Agencies programs for the fiscal year ending personal injury suits and of the costs of re- York, and Vermont. September 30, 1997, and for other purposes’, pairing property damage and removing lit- (h) APPLICABILITY.—This section shall be in unless the Secretary determines that the ter; effect during fiscal year 1997 and each fiscal other incentives available under this sub- (C) private additional reductions in prop- year thereafter. paragraph are not adequate to provide a fair erty taxes for landowners that allow respon- return on the investment of the borrower, to sible public recreational use of their lands; THURMOND (AND HOLLINGS) prevent prepayment of the loan insured (D) provide for purchases by the State of under section 514 or 515, or to prevent the land in fee and of temporary and permanent AMENDMENT NO. 4988 displacement of tenants of the housing for recreation easements and leases, including Mr. COCHRAN (for Mr. THURMOND, which the loan was made’’. rights of access; for himself and Mr. HOLLINGS) proposed (B) APPROVAL OF ASSISTANCE.—Section (E) foster State and private cooperative an amendment to the bill, H.R. 3603, 502(c)(4)(C) of the Housing Act of 1949 (42 recreation agreements; supra; as follows: U.S.C. 1472(c)(4)(C)) is amended by striking (F) create recreation coordinator and land- ‘‘(C)’’ and all that follows through ‘‘pro- owner liaison and remote ranger positions in On page 12, line 25, strike ‘‘$46,330,000’’ and vided—’’ and inserting the following: State government to assist in the manage- insert in lieu thereof ‘‘$46,830,000’’. ‘‘(C) APPROVAL OF ASSISTANCE.—The Sec- ment of public use of private lands and pro- On page 14, line 10, strike ‘‘$418,620,000’’ and retary may approve assistance under sub- vide recreation opportunities and other simi- insert in lieu thereof ‘‘$419,120,000’’. paragraph (B) for assisted housing only if the lar services; On page 21, line 4, strike ‘‘$47,517,000’’ and restrictive period has expired for any loan (G) strengthen enforcement of trespass, insert ‘‘$47,017,000’’. for the housing made or insured under sec- antilittering, and antidumping laws; tion 514 or 515 pursuant to a contract entered (H) improve recreation user education pro- FRAHM AMENDMENT NO. 4989 into after December 21, 1979, but before the grams; and Mr. COCHRAN (for Mrs. FRAHM) pro- date of the enactment of the Department of (I) improve capacity in State park and posed an amendment to the bill, H.R. Housing and Urban Development Reform Act recreation agencies to measure recreational of 1989, and the Secretary determines that use (including types, amounts, locations, and 3603, supra; as follows: the combination of assistance provided—’’. concentrations of use) and identify and ad- At the appropriate place in title VII of the (C) TECHNICAL CORRECTION.—Section dress trends in use before the trends create bill, add the following new section: 515(c)(1) of the Housing Act of 1949 (42 U.S.C. problems. SEC. 7. RURAL HOUSING PROGRAM EXTENSIONS. 1485(c)(1)) is amended by striking ‘‘December (g) NONGAME CONSERVATION.— (a) EXTENSION OF MULTIFAMILY RURAL 21, 1979’’ and inserting ‘‘December 15, 1989’’. (1) FINDINGS.—Congress finds that— HOUSING LOAN PROGRAM.— (d) EQUITY SKIMMING PENALTIES.— July 23, 1996 CONGRESSIONAL RECORD — SENATE S8579

(1) INSURANCE OF LOANS FOR THE PROVISION (B) an employee having a disability on the (3) LIMITATION.—No amount shall be pay- OF HOUSING AND RELATED FACILITIES FOR DO- basis of which such employee is or would be able under this section based on any separa- MESTIC FARM LABOR.—Section 514 of the eligible for disability retirement under the tion occurring before the date of the enact- Housing Act of 1949 (42 U.S.C. 1484) is amend- applicable retirement system referred to in ment of this Act, or after September 30, 2000. ed by adding at the end the following new subparagraph (A); (d) ADDITIONAL AGENCY CONTRIBUTIONS TO subsection: (C) an employee who is in receipt of a spe- THE RETIREMENT FUND.— ‘‘(j) EQUITY SKIMMING PENALTY.—Whoever, cific notice of involuntary separation for (1) IN GENERAL.—In addition to any other as an owner, agent, or manager, or who is misconduct or unacceptable performance; payments which it is required to make under otherwise in custody, control, or possession (D) an employee who, upon completing an subchapter III of chapter 83 of title 5, United of property that is security for a loan made additional period of service as referred to in States Code, the agency shall remit to the or insured under this section willfully uses, section 3(b)(2)(B)(ii) of the Federal Office of Personnel Management for deposit or authorizes the use, of any part of the Workforce Restructuring Act of 1994 (5 in the Treasury of the United States to the rents, assets, proceeds, income, or other U.S.C. 5597 note), would qualify for a vol- credit of the Civil Service Retirement and funds derived from such property, for any untary separation incentive payment under Disability Fund an amount equal to 15 per- purpose other than to meet actual or nec- section 3 of such Act; cent of the final basic pay of each employee essary expenses of the property, or for any (E) an employee who has previously re- of the agency who is covered under sub- other purpose not authorized by this title or ceived any voluntary separation incentive chapter III of chapter 83 or chapter 84 of title the regulations adopted pursuant to this payment by the Federal Government under 5, United States Code, to whom a voluntary title, shall be fined not more than $250,000 or this section or any other authority and has separation incentive has been paid under this imprisoned not more than 5 years, or both.’’. not repaid such payment; section. (F) an employee covered by statutory re- (2) DIRECT AND INSURED LOANS TO PROVIDE (2) DEFINITION.—For the purpose of para- employment rights who is on transfer to an- HOUSING AND RELATED FACILITIES FOR ELDER- graph (1), the term ‘‘final basic pay’’, with other organization; or LY PERSONS AND FAMILIES IN RURAL AREAS.— respect to an employee, means the total (G) any employee who, during the twenty Section 515 of the Housing Act of 1949 (42 amount of basic pay which would be payable four month period preceding the date of sep- U.S.C. 1485) is amended by adding at the end for a year of service by such employee, com- aration, has received a recruitment or relo- the following new subsection: puted using the employee’s final rate of basic cation bonus under section 5753 of title 5, ‘‘(aa) EQUITY SKIMMING PENALTY.—Who- pay, and, if last serving on other a full-time United States Code, or who, within the ever, as an owner, agent, or manager, or who basis, with appropriate adjustment therefor. twelve month period preceding the date of is otherwise in custody, control, or posses- (e) EFFECT OF SUBSEQUENT EMPLOYMENT separation, received a retention allowance sion of property that is security for loan WITH THE GOVERNMENT.—An individual who under section 5754 of title 5, United States made or insured under this section willfully has received a voluntary separation incen- Code. uses, or authorizes the use, of any part of the tive payment under this section and accepts (b) AGENCY STRATEGIC PLAN.— rents, assets, proceeds, income, or other (1) IN GENERAL.—The head of the agency, any employment for compensation with the funds derived from such property, for any prior to obligating any resources for vol- Government of the United States, or who purpose than other than to meet actual or untary separation incentive payments, shall works for any agency of the United States necessary expenses of the property, or for submit to the House and Senate Committees Government through a personal services con- any other purpose not authorized by this on Appropriations and the Committee on tract, within 5 years after the date of the title or the regulations adopted pursuant to Governmental Affairs of the Senate and the separation on which the payment is based this title, shall be fined not more than Committee on Government Reform and Over- shall be required to pay, prior to the individ- $250,000 or imprisoned not more than 5 years, sight of the House of Representatives a stra- ual’s first day of employment, the entire or both.’’. tegic plan outlining the intended use of such amount of the incentive payment to the incentive payments and a proposed organiza- agency that paid the incentive payment. LEAHY AMENDMENT NO. 4990 tional chart for the agency once such incen- (f) REDUCTION OF AGENCY EMPLOYMENT tive payments have been completed. LEVELS.— Mr. BUMPERS (for Mr. LEAHY) pro- (2) CONTENTS.—The agency’s plan shall in- (1) IN GENERAL.—The total number of fund- posed an amendment to the bill, H.R. clude— ed employee positions in the agency shall be 3603, supra; as follows: (A) the positions and functions to be re- reduced by one position for each vacancy At the end of the bill, add the following: duced or eliminated, identified by organiza- created by the separation of any employee SEC. . REAUTHORIZATION OF NATIONAL AQUA- tional unit, geographic location, occupa- who has received, or is due to receive, a vol- CULTURE ACT OF 1980. tional category and grade level; untary separation incentive payment under Section 10 of the National Aquaculture Act (B) the number and amounts of voluntary this section. For the purposes of this sub- of 1980 (16 U.S.C. 2809) is amended by striking separation incentive payments to be offered; section, positions shall be counted on a full- ‘‘1991, 1992, and 1993’’ each place it appears and time-equivalent basis. (C) a description of how the agency will op- and inserting ‘‘1‘991 through 1997’’. (2) ENFORCEMENT.—The President, through erate without the eliminated positions and the Office of Management and Budget, shall functions. monitor the agency and take any action nec- KERREY AMENDMENTS NOS. 4991– (c) AUTHORITY TO PROVIDE VOLUNTARY SEP- essary to ensure that the requirements of 4992 ARATION INCENTIVE PAYMENTS.— this subsection are met. (1) IN GENERAL.—A voluntary separation Mr. BUMPERS (for Mr. KERREY) pro- (g) EFFECTIVE DATE.—This section shall incentive payment under this section may be take effect October 1, 1996. posed two amendments to the bill, H.R. paid by an agency to any employee only to 3603, supra; as follows: the extent necessary to eliminate the posi- AMENDMENT NO. 4992 AMENDMENT NO. 4991 tions and functions identified by the strate- On page 25, line 16, strike ‘‘$795,000,000’’ and In lieu of the pending amendment insert gic plan. (2) AMOUNT AND TREATMENT OF PAYMENTS.— insert ‘‘$725,000,000’’. the following: A voluntary separation incentive payment— On page 29, between lines 7 and 8, insert SEC. . DEPARTMENT OF AGRICULTURE VOL- (A) shall be paid in a lump sum after the the following: UNTARY SEPARATION INCENTIVE employee’s separation; RISK MANAGEMENT PAYMENTS. (B) shall be paid from appropriations or For administrative and operating expenses, (a) DEFINITIONS.—For the purposes of this funds available for the payment of the basic as authorized by section 226A of the Depart- section— pay of the employees; (1) the term ‘‘agency’’ means the Depart- (C) shall be equal to the lesser of— ment of Agriculture Reorganization Act of ment of Agriculture; (i) an amount equal to the amount the em- 1994 (7 U.S.C. 6933), $70,000,000, of which not (2) the term ‘‘employee’’ means an em- ployee would be entitled to receive under to exceed $700 shall be available for official ployee (as defined by section 2105 of title 5, section 5595(c) of title 5, United States Code; reception and representation expenses, as au- United States Code) who is employed by the or thorized by section 506(i) of the Federal Crop agency (or an individual employed by a coun- (ii) an amount determined by the agency Insurance Act (7 U.S.C. 1506(i)): Provided, ty committee established under section head not to exceed $25,000 in fiscal year 1997, That this appropriation shall be available 8(b)(5) of the Soil Conservation and Domestic $20,000 in fiscal year 1998, $15,000 in fiscal only to the extent that an official budget re- Allotment Act (16 U.S.C. 590h(b)(5))), is serv- year 1999, or $10,000 in fiscal year 2000; quest for a specific dollar amount is submit- ing under an appointment without time limi- (D) shall not be a basis for payment, and ted by the President to Congress. tation, and has been currently employed for shall not be included in the computation, of a continuous period of at least 3 years, but any other type of Government benefit; and does not include— (E) shall not be taken into account in de- BUMPERS AMENDMENT NO. 4993 (A) a reemployed annuitant under sub- termining the amount of any severance pay chapter III of chapter 83 or chapter 84 of title to which the employee may be entitled under Mr. BUMPERS proposed an amend- 5, United States Code, or another retirement section 5595 of title 5, United States Code, ment to the bill, H.R. 3603, supra; as system for employees of the agency; based on any other separation. follows: S8580 CONGRESSIONAL RECORD — SENATE July 23, 1996 On page 12, line 25, strike ‘‘$46,830,000: and SMITH AMENDMENT NO. 5000 ing. The hearing will discuss suicide insert in lieu thereof ‘‘$47,080,000’’. Mr. COCHRAN (for Mr. SMITH) pro- among the elderly. On page 14, line 10, strike ‘‘$419,120,000’’ and f insert in lieu thereof ‘‘$419,370,000’’. posed an amendment to the bill, H.R. On page 21, line 4, strike ‘‘47,017,000’’ and 3603, supra; as follows: AUTHORITY FOR COMMITTEES TO insert in lieu thereof ‘‘$46,767,000’’. On page 47, line 17, before the period, insert MEET the following: ‘‘: Provided further, That, not- COMMITTEE ON FOREIGN RELATIONS HEFLIN AMENDMENT NO.4994 withstanding section 306(a)(7) of the Consoli- dated Farm and Rural Development Act (7 Mr. DOMENICI. Mr. President, I ask Mr. COCHRAN (for Mr. HEFLIN) pro- U.S.C. 1926(a)(7)), the town of Berlin, New unanimous consent that the Commit- posed an amendment to the bill, H.R. Hampshire, shall be eligible during fiscal tee on Foreign Relations be authorized 3603, supra; as follows: year 1997 for a grant under the rural utilities to meet during the session of the Sen- At the appropriate place, insert: assistance program’’. ate on Tuesday, July 23, at 2 p.m. ‘‘Section 101(b) of the Agriculture and The PRESIDING OFFICER. Without Food Act of 1981 (Public Law 97–98; 7 U.S.C. CRAIG (AND OTHERS) AMENDMENT objection, it is so ordered. 608c note) is amended by striking ‘‘1996’’ and NO. 5001 COMMITTEE ON FOREIGN RELATIONS inserting ‘‘2002’’. Mr. DOMENICI. Mr. President, I ask Mr. COCHRAN (for Mr. CRAIG for unanimous consent that the Commit- himself, Mr. HELMS, Mr. LEAHY, and SANTORUM AMENDMENT NO. 4995 tee on Foreign Relations be authorized Mr. WYDEN) proposed an amendment to Mr. SANTORUM proposed an amend- the bill, H.R. 3603, supra; as follows: to meet during the session of the Sen- ment to the bill, H.R. 3603, supra; as ate on Tuesday, July 23, 1996, at 3 p.m. At the end of the matter proposed to be in- The PRESIDING OFFICER. Without follows: serted by the amendment, insert the follow- At the end of the bill, add the following: ing: objection, it is so ordered. COMMITTEE ON GOVERNMENTAL AFFAIRS SEC. . LIMITATION ON AMOUNT OF NON- SEC. REVIEW AND REPORT ON H–2A NON- RECOURSE LOANS FOR PEANUTS. IMMIGRANT WORKERS PROGRAM. Mr. DOMENICI. Mr. President, I ask None of the funds appropriated or other- (a) SENSE OF THE CONGRESS.—It is the sense unanimous consent on behalf of the wise made available by this Act may be used of the Congress that the enactment of this Governmental Affairs Committee to to provide to a producer of a crop of quota Act may impact the future availability of an meet on Tuesday, July 23, at 3 p.m., for peanuts a total amount of nonrecourse loans adequate work force for the producers of our a hearing on the nomination of Frank- under section 155 of the Agricultural Market Nation’s labor intensive agricultural com- lin D. Raines, to be Director of the Of- Transition Act (7 U.S.C. 7271) in excess of modities and livestock. fice of Management and Budget. $125,000. (b) REVIEW.—The Comptroller General The PRESIDING OFFICER. Without shall review the effectiveness of the H–2A objection, it is so ordered. BUMPERS AMENDMENT NO. 4996 nonimmigrant worker program to ensure that the program provides a workable safety COMMITTEE ON SMALL BUSINESS Mr. BUMPERS proposed an amend- valve in the event of future shortages of do- Mr. DOMENICI. Mr. President, I ask ment to the bill, H.R. 3603, supra; as mestic workers after the enactment of this unanimous consent that the Commit- follows: Act. Among other things, the Comptroller tee on Small Business be authorized to On page 42, line 22, after ‘‘development’’ General shall review the program to deter- meet during the session of the Senate add the following, ‘‘as provided under section mine— for an oversight hearing on Tuesday, 747 (e) of public Law 104–127’’. (1) that the program ensures that an ade- quate supply of qualified United States July 23, 1996, which will begin at 3 p.m. SARBANES (AND MIKULSKI) workers is available at the time and place in room 428A of the Russell Senate Of- AMENDMENT NO. 4997 needed for employers seeking such workers fice Building. The hearing is entitled after the date of enactment of this Act; ‘‘Implementation of the Small Busi- Mr. BUMPERS (for Mr. SARBANES, (2) that the program ensures that there is ness Regulatory Enforcement Fairness for himself and Ms. MIKULSKI) proposed timely approval of applications for tem- Act of 1996,’’ an amendment to the bill, H.R. 3603, porary foreign workers under the H–2A non- The PRESIDING OFFICER. Without supra; as follows: immigrant worker program in the event of objection, it is so ordered. On page 5, line 8, strike ‘‘$25,587,000’’ and shortages of United States workers after the date of enactment of this Act; SELECT COMMITTEE ON INTELLIGENCE insert ‘‘$23,505,400’’. Mr. DOMENICI. Mr. President, I ask On page 5, line 10, strike ‘‘$146,135,000’’ and (3) that the program ensures that imple- insert ‘‘$144,053,400’’. mentation of the H–2A nonimmigrant worker unanimous consent that the Select On page 10, line 18, strike ‘‘$721,758,000’’ and program is not displacing United States agri- Committee on Intelligence be author- insert ‘‘$722,839,600’’. cultural workers or diminishing the terms ized to meet during the session of the and conditions of employment of United Senate on Tuesday, July 23, 1996, at 1 States agricultural workers; and p.m. to hold a closed hearing on Intel- HATCH (AND HARKIN) (4) if and to what extent the H–2A non- AMENDMENT NO. 4998 ligence Matters. immigrant worker program is contributing The Presiding Officer. Without objec- to the problem of illegal immigration. Mr. COCHRAN (for Mr. HATCH, for tion, it is so ordered. ARKIN (c) REPORT.—Not later than December 31, himself and Mr. H ) proposed an SUBCOMMITTEE ON THE CONSTITUTION amendment to the bill, H.R. 3603, 1996, or three months after the date of enact- ment of this Act, whichever is sooner, the FEDERALISM AND PROPERTY RIGHT supra; as follows: Comptroller General shall submit a report to Mr. DOMENICI. Mr. President, I ask On page 55, line 7, after the colon, insert Congress setting forth the findings of the re- unanimous consent that the Sub- the following: ‘‘Provided further, That a suffi- view conducted under subsection (b); committee on the Constitution, Fed- cient amount of these funds shall be used to (d) DEFINITIONS.—As used in this section— eralism, and Property Rights of the ensure compliance with the statutory dead- (1) the term ‘‘Comptroller General’’ means Senate Committee on the Judiciary, be lines set forth in section 505(j)(4)(A) of the the Comptroller General of the United Federal Food, Drug, and Cosmetic Act (21 States; and authorized to meet during a session of U.S.C. 3555(j)(4)(A)):’’. (2) the term ‘‘H–2A nonimmigrant worker the Senate on Tuesday, July 23, 1995, at program’’ means the program for the admis- 2 p.m., in Senate Dirksen room 226, to SMITH AMENDMENT NO. 4999 sion of nonimmigrant aliens described in sec- hold a hearing on, ‘‘Reauthorization of tion 101(a)(15)(H)(ii)(a) of the Immigration the U.S. Commission on Civil Rights.’’ Mr. COCHRAN (for Mr. SMITH) pro- and Nationality Act. The PRESIDING OFFICER. Without posed an amendment to the bill, H.R. f objection, it is so ordered. 3603, supra; as follows: SUBCOMMITTEE ON INTERNATIONAL TRADE On page 47, line 17, before the period, insert NOTICE OF HEARING Mr. DOMENICI. The Finance Com- the following: ‘‘: Provided further, That not- SPECIAL COMMITTEE ON AGING mittee requests unanimous consent for withstanding section 306(a)(7) of the Consoli- Mr. COHEN. Mr. President, I wish to the Subcommittee on International dated Farm and Rural Development Act (7 U.S.C. 1926(a)(7)), the town of Berlin, New announce that the Special Committee Trade and the Caucus on International Hampshire, shall be eligible during fiscal on Aging will hold a hearing on Tues- Narcotics Control to a conduct a hear- year 1997 for a grant under the rural utilities day, July 30, 1996, at 9:30 a.m., in room ing on Tuesday, July 23, 1996, beginning assistance program’’. 628 of the Dirksen Senate Office Build- at 10 a.m.,in room SD 2145 July 23, 1996 CONGRESSIONAL RECORD — SENATE S8581 The PRESIDING OFFICER. Without extremely large in the quality of our ple, Camp Bethany Birches—an annual, free, objection, it is so ordered. people. three-day event for low-income people—has f One of the very special people in Ver- drawn as many as 200 people annually for al- mont is the Reverend John Nutting. most 20 years, and will continue to serve as ADDITIONAL STATEMENTS a tool for political empowerment Campers For as long as I can remember my good will still gather to set the coming year’s lob- friend John has been an outspoken and bying/legislative agenda. TRIBUTE TO HARRY RUTH extremely effective advocate for those ‘‘You could say the theme through my in Vermont who need him the most. An ministry has been to create a community ∑ Mr. McCONNELL. Mr. President, I article in the Vermont Sunday Rutland out of diversity, to gather people who don’t rise today to recognize a man who has Herald and the Sunday Times Argus naturally come together,’’ Nutting says. played a pivotal role in the economic ‘‘The idea is to create this new kind of com- growth and development of western speaks well of his lifetime service to our State. I ask that it be printed in munity, that we all might be one.’’ Kentucky. Harry Ruth, president of the ‘‘The Hyde Park pastor never wanted to the RECORD. Marcelle and I are among Greater Paducah Economic Develop- enter the ministry until he was assigned to a ment Council, will be able to retire those privileged to have known and congregation in West Dover for a summer. In with the satisfaction of a job well done. worked with John and I send him my college he had wanted to be a physician, like When Ruth interviewed for the job in very best as he opens his next career. his father in Duluth, Minn., until senior 1989, the committee members who The article follows: year. Then he switched to history and en- interviewed him were immediately [From the Sunday Rutland Herald and the rolled at Yale Divinity School, still without Sunday Times Argus, June 16, 1996] a commitment to becoming a minister. convinced that he was the right person ‘‘I was interested in figuring out the ACTIVIST’S ACTIVIST REV. JOHN NUTTING for the job. Aubrey Lippert, a bank Monty Python thing—the meaning of life,’’ LEAVING THE FIELD president in Paducah, told the Paducah he says, smiling. Sun that Ruth ‘‘has the ability to walk (By Kristin Bloomer) ‘‘His greatest theological influences were into a room full of strangers and make It’s hot as heck under the studio skylights, Karl Barth, a Swiss theologian who became a everyone feel comfortable’’. and Rev. John Nutting is hawking one of his church leader in opposing the Nazis, and Since he became president of GPEDC, paintings. Jurgen Moltmann, one of the leading pro- ‘‘Name your price,’’ he says, gesturing to a ponents of the ‘‘theology of hope,’’ a belief Harry Ruth has given ‘‘100 percent of few of the smaller watercolors in his second- his ability and energy’’ to making Pa- that God’s promise to act in the future is story garage studio in Waterbury. ‘‘Any more important than God’s action in the ducah and the region a better place to price.’’ past. Moltmann’s belief that people should live. According to the Paducah Sun, Nutting is walking around in his regular not withdraw from the world but act in it to Ruth has played a large part in bring- gear; a yellow shirt, denim shorts, white aid the coming of a better one became ing to Paducah a great deal of infra- socks and sandals. No one has said anything Nutting’s inspiration. structure necessary to expand eco- about buying any paintings, but Nutting, 64, The list of programs he has helped initiate doesn’t seem to want to take no for an an- nomic development. This includes the in Vermont reads like a hippie agenda: swer. Project Love, a series of evening dinners Paducah Information Age Park, a 600- ‘‘Come on. Don’t be shy,’’ he says with a acre high-technology park on the out- geared toward low-income people; Partners broad, goofy smile and turning toward some in Service, an adopt-a-social-worker program skirts of the city and a University of larger forest scenes. ‘‘Hundred and fifty for churches; Vermont Assistance Inc., a cor- Kentucky engineering extension pro- bucks. I have an easy payment plan. You can poration that hired and funded a low-income gram that will open in about 2 years. pay me in increments, whatever you want, advocate when Vermont Legal Aid was pro- In addition, a new industrial park is in ‘til it’s all paid up.’’ hibited from lobbying the Legislature; Ver- the planning stages and the commu- It’s hard to say no to John Nutting, for 40 mont Campaign to End Childhood Hunger; years one of Vermont’s most active and visi- nity has improved its image consider- Vermont Food Bank; Bridges to Peace, an ble social activists. exchange program with the Soviet Union; ably. ‘‘He represents what has really been at the Further proof of the growth that has and Neighbors in Need, an organization that heart of what’s good in Vermont,’’ says has distributed thousands of dollars worth of taken place during Ruth’s tenure can Scudder Parker, a former minister and legis- emergency grants to low-income people. be found in the general economic indi- lator who has known Nutting all his life. At That’s just to name a few. cators in the community. There are a recent retirement party for Nutting, Gus- But Nutting, who started doing singing more jobs in Paducah than there were tave Seelig, executive director of the Ver- gigs in homes and ski areas in the nineteen 7 years ago, employment is up, unem- mont Housing and Conservation Board, fifties, predates most hippies. called him Vermont’s leader of ‘‘a conspiracy ployment is down, and retail sales are ‘‘I had a Volkswagen bug, and I could get of good will.’’ 12 folding chairs in the back, my guitar, song up. In addition to serving as a pastor and out- books, three kids and my wife,’’ Nutting Dwane Tucker, who worked closely reach minister for the United Church of said. ‘‘We would go off to prayer meetings— with Ruth on the Information Age Christ since 1956 and more recently, writing the traveling church.’’ a 500-page book on the church’s history (on Park project, told the Paducah Sun He also cut a record, called ‘‘Songs of sale for $50), Nutting has served as president that Ruth ‘‘gave an enormous amount Lamoille County,’’ which begins with a spo- of the Vermont Association for Mental of time to positioning [the] community ken ballad called ‘‘Hills of Dover.’’ Nutting’s Health, chair of the Vermont Human Serv- for long-term growth . . . He put the voice sounds uncannily like Pete Seeger’s. ices Board, vice president of the Vermont ‘‘I came to Vermont in the summer of 1954, needs of the organization above his Natural Resources Council, Vermont Hous- and I’ve been here off an on ever since,’’ Nut- own needs.’’ Tucker added, ‘‘He’s also ing and Conservation Board member, and ting narrates against the guitar chords. exceptionally skilled at building long- consumer board member for the Vermont ‘‘That year, I lived with Ted Burchards on a term relationships with people and or- Program for Quality in Health Care. farm in the town of West Dover.’’ He will retire from his ministry July 1. A ganizations.’’ The two worked the land together, Nutting retirement party for Nutting is set for Sun- It’s said that a man’s greatest legacy says, and he tells how he would listen from day, June 29, at the Second Congressional is his friends—and in that regard, the house as Burchards mowed the lawn and, Church in Hyde Park. He says he has ‘‘no set Harry Ruth has a rich legacy indeed. invariably, hit a rock: ‘‘He’d stop, swear a plans,’’ aside from wanting to sell his house As Harry closes this particular chapter few times, and then back it up and start and move with his wife to Colorado. in his life, he can take special satisfac- Nutting says he will have more time to over, go around that rock. That’s been the tion in the relationships he has built. paint—though friends, colleagues and social story of Vermonters almost ever since they It is with pleasure that I count myself advocates say they will miss him. came here; they’ve had to back up and start among Harry Ruth’s many friends in ‘‘Good’’ Nutting exclaims. ‘‘That’s great I over. It’s been the land that’s made the dif- ference.’’ Kentucky. love it, I love it. Weep! Weep! Worry! Gnash ∑ Mr. President, I would like to pay your teeth. * * * In a sense, I want someone f tribute to Harry Ruth for his dedicated else to do it. I’ve done it. I see it now as ‘the LILLIAN HOFFMAN service to western Kentucky. ministry of getting out of the way.’ ’’ ‘‘Getting out of the way,’’ however, may be ∑ Mr. BROWN. Mr. President, Lillian f hard for Nutting. Hoffman was a great lady who will be REV. JOHN NUTTING ‘‘I’m in massive denial,’’ he admits. Many of the organizations and programs he truly missed. She made the world a ∑ Mr. LEAHY. Mr. President, Vermont founded on behalf of Vermont’s poor will better place and brought energy, com- is a very small State in geography but continue—he’s made sure of that. For exam- mitment, and integrity to every cause S8582 CONGRESSIONAL RECORD — SENATE July 23, 1996 she supported. Her valiant efforts on long been known for founding the ORDERS FOR WEDNESDAY, JULY behalf of Soviet Jewery I am convinced world-famous Hard Rock Cafe chain, 24, 1996 made a real difference in the lives of which combined rock music, memora- Mr. COCHRAN. Mr. President, I ask many. bilia, and the all-American hamburger unanimous consent that when the Sen- As a volunteer for the American Red in locations throughout the United ate completes its business today, it Cross during World War II, Lillian ac- States and internationally. But his stand in adjournment until the hour of quired a taste for public service and most recent business venture, the 9:30 a.m. on Wednesday, July 24; fur- community work. Lillian committed House of Blues, has not only gained ther, that immediately following the herself to gaining freedom for Jewish enormous popularity in its short exist- prayer, the Journal of the proceedings refuseniks from the former Soviet ence, it is showcasing a bit of Ten- be deemed approved to date, no resolu- Union for over 20 years. She was co- nessee and Southern heritage for audi- tions come over under the rule, the call chairwoman of the Colorado Commit- ences on the east and west coasts. of the calendar be dispensed with, the tee of Concern for Soviet Jewry since A native west Tennessean, Isaac morning hour be deemed to have ex- the group was formed in 1970. This Tigrett grew up a stone’s throw from pired, the time for the two leaders be committee fought for people that faced the actual birthplace of the blues— reserved for their use later in the day, oppression in their homeland. Lillian Memphis, TN. The influence of the and the Senate immediately resume spent endless hours writing letters and blues and black culture on him was consideration of the agriculture appro- telegrams and making phone calls to strong and has stayed with him over priations bill. Soviet and U.S. officials to help gain the years. Music of all kinds, but espe- The PRESIDING OFFICER. Without the release of Jewish families who were cially the blues, actually takes center objection, it is so ordered. refused immigration visas. She showed stage in his House of Blues restaurant- what real determination was. clubs. With restaurants in Cambridge, f In 1974, Lillian went to Washington, MA; Los Angeles; New Orleans; and the DC to lobby for the Jackson-Vannik brand-new Olympic special in Atlanta, MEASURE PLACED ON amendment, which linked trade with the music that had such an influence CALENDAR—S. 1956 the Soviet Union with the emigration on Isaac Tigrett’s life in west Ten- Mr. COCHRAN. Mr. President, I ask of Soviet Jews. The amendment was nessee is quickly finding new homes unanimous consent that S. 1956 be passed in large part thanks to Lillian’s and new fans across the country. placed back on the calendar. efforts. In addition to spreading blues music, The PRESIDING OFFICER. Without In addition to dealing with the op- Isaac Tigrett is also working to spread objection, it is so ordered. pression of Jews in the Soviet Union, a message to America’s youth. Lillian turned her attention to other Through the House of Blues Founda- f causes. Lillian began to focus on her tion, he is reaching out to inner city opposition to Israeli terroritorial con- youth and providing a new outlook on PROGRAM cessions and to free Raoul Wallenberg. African-American culture in the Unit- Mr. COCHRAN. Mr. President, for the Lillian was a member of the Raoul ed States. His foundation brings school information of all Senators, under the Wallenberg Committee. Mr. children to the House of Blues—either previous order, the Senate will debate Wallenberg, a Swedish diplomat, saved in person or by using video teleconfer- any amendments in order to the agri- 100,000 Hungarian Jews during World encing equipment—and lets them expe- culture appropriations bill beginning War II from Nazi death camps. Lillian rience the history that the blues and at 9:30 a.m. on Wednesday. Any votes presented a bust of Wallenberg as a gift the folk art lining the restaurants’ ordered will occur beginning at 11 a.m. to the U.S. Government which stands walls so eloquently express. The House on Wednesday. in the U.S. Capitol. of Blues also provides college scholar- Also, it is the majority leader’s in- Lillian was well known for her efforts ships in the arts, sponsors a program tention to conclude action on the agri- nationally and internationally. Her for blues musicians to present work- culture appropriations bill during endless contributions to our commu- shops for kids, and supports a training Wednesday’s session of the Senate. nity in Colorado and around the world center for teachers interested in the were truly remarkable and will never blues. f be forgotten. Mr. President, I want to commend Those of us who knew Lillian Hoff- Isaac Tigrett for his ingenuity and his ADJOURNMENT UNTIL 9:30 A.M. man will never forget her. She taught entrepreneurship. As anyone who TOMORROW us what real commitment is all about. knows him can attest, the four House Mr. COCHRAN. Mr. President, if f of Blues locations in the United States there is no further business to come be- and the House of Blues Foundation are fore the Senate, I now ask that the SALUTE TO ISAAC TIGRETT just the beginning for Isaac. And to me Senate stand in adjournment under the ∑ Mr. FRIST. Mr. President, I rise and many other Tennesseans living previous order. today to recognize an outstanding en- throughout this Nation, the House of There being no objection, the Senate, trepreneur and a proud son of the great Blues is not just great entertainment, at 9:26 p.m., adjourned until Wednes- State of Tennessee. Isaac Tigrett has it’s a piece of home.∑ day, July 24, 1996, at 9:30 a.m. July 23, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1345 EXTENSIONS OF REMARKS

THE 401(k) PENSION PROTECTION are growing dramatically. It is time to protect 1107(d)) in excess of the amount specified in ACT OF 1996 401(k) plans as ERISA intended retirement se- such section 407, the amendment made by curity vehicles to be protected. this section shall apply to any acquisition of H.R. 3688 applies the same employer con- such securities and property on or after such HON. GARY A. CONDIT date of enactment, but shall not apply to the OF CALIFORNIA flict-of-interest and diversification rules to both specific holdings which constitute such ex- 401(k) and traditional pension plans. Both IN THE HOUSE OF REPRESENTATIVES cess during the period of such excess. would be prohibited from investing more than Tuesday, July 23, 1996 10 percent of their assets in employer securi- [From Newsweek, July 8, 1996] Mr. CONDIT. Mr. Speaker, recently I intro- ties and real estate. Plans which hold no more WHEN A 401(K) IS NOT OK duced H.R. 3688, the 401(k) Pension Protec- than 10 percent of the retirement assets for all (By Jane Bryant Quinn) tion Act of 1996. This legislation will protect qualified pension plans of an employer would Everyone loves the 401(K)—including me, the retirement savings of approximately 30 continue to be exempt. This permits smaller, most of the time. Unseen hands pluck money million Americans in 20 to 30 million house- supplementary, profit-sharing plans to be 100 out of your paycheck and invest it for your holds. Senator BARBARA BOXER previously in- percent invested in employer securities and future, tax-deferred. If you leave the job troduced this bill in the U.S. Senate. property. early, you carry this portable pension with Under current law, traditional, defined bene- Investments in excess of the 10-percent lim- you. More than 22 million workers were cov- fit, pension plans are prohibited by the Em- itation on the date of enactment would be ered by 228,000 plans in 1995, according to Ac- grandfathered, allowing those plans to gradu- cess Research in Windsor, Conn. That’s the ployee Retirement Income Security Act only private retirement plan that a large [ERISA] from investing more than 10 percent ally reduce the amount in excess as they percentage of them have. of their assets in securities and real estate of make new investments and receive new con- But something is rotten in 401(k)-land, and the company sponsoring the pension plan. tributions. Current law allowing the Secretary it’s going to cost some trusting employees ERISA also requires diversification of em- of Labor to grant exemptions from conflict much of the money they’ve put aside. These ployer investments made by traditional pen- rules would continue. otherwise excellent plans have leaks. Un- sion plans. Such plans are protected by Fed- Participant-directed 401(k) plans would be scrupulous, careless or foolish employers are eral Pension Benefit Guaranty Corporation exempt, allowing employees to assume the despoiling some accounts. risk of investing more than 10 percent of their Let me hasten to say that most of the [PBGC] insurance in the event of the bank- 401(k)s today seem safe from harm. Those are ruptcy of the sponsoring company. assets in their employer. Employers could the plans where workers can choose their These rules and protections do not apply to contribute stock in excess of the limit but only own investments and follows their progress. 401(k)-type plans, exposing their participants to employee directed accounts, requiring em- But for about 20 percent of the plans (some to greater investment risk; 401(k)'s are not in- ployers to compete in the financial market- small, some large), the boss or his minions sured by the PBGC. Market risk is completely place with other investments, e.g., mutual handle part or all of the money. That’s borne by participants. funds, to retain the employee's investment. where the temptations lie. If the company In early June, a Wall Street Journal lead Mr. Speaker, this legislation is needed to gets into trouble, the boss might borrow recklessly from the 401(k). If he thinks he story illustrated the dangers that uneven appli- protect the retirement savings of Americans and I urge our colleagues to cosponsor this can outinvest anybody in the house, he cation of conflict-of-interest rules presents to might plunge into risky new issues that 401(k)'s. Color Tile, Inc., a nationwide retailer, legislation. don’t belong in the average worker’s plan. He sought bankruptcy protection in January. Color H.R. 3688 can even toy with showoff ‘‘investments’’ Tile closed 234 of 723 stores and fired hun- Be it enacted by the Senate and House of Rep- like Persian carpets or Kewpie dolls. dred of employees. resentatives of the United States of America in For a good example of what can go wrong, The employees were shocked to learn that Congress assembled, consider the luckless workers at Carter 83 percent of their 401(k) assets were in- SECTION 1. SHORT TITLE. Hawley Hale, which filed for bankruptcy in 1991. They had no investment choice. Their vested in 44 Color Tile stores, some of which This Act may be cited as the ‘‘401(k) Pen- sion Protection Act of 1996’’. entire 401(k) was invested in nearly worth- were closed. Color Tile's only retirement plan SEC. 2. CERTAIN PROHIBITED TRANSACTIONS less Carter stock. And then there’s Color is the 401(k). The bankruptcy put not only the APPLIED TO 401(k) PLANS. Tile, a $700 million floor-covering firm in Ft. employees's jobs, but their pension savings, in (a) IN GENERAL.—Paragraph (3) of section Worth, Texas, that entered bankruptcy this jeopardy. 407(d) of the Employee Retirement Income year. A committee run by Color Tile’s The danger to 401(k)'s permitted by the lack Security Act of 1974 (29 U.S.C. 1107(d)) is former chairman invested more than 90 per- of a 10-percent limitation is also illustrated by amended by adding at the end the following cent of the 401(k) in Color Tile stores, ac- the 1992 failure of Carter Hawley Hale stores, new sentence: ‘‘Such term also excludes an cording to a lawsuit filed on behalf of the plan. Color Tile didn’t return calls. No one a major California department store chain. individual account plan that includes a qualified cash or deferred arrangement de- knows what the plan is currently worth. The Carter Hawley's 401(k) was invested in Carter scribed in section 401(k) of the Internal Reve- employees can’t get their money out. stock. The bankruptcy wiped out 92 percent of nue Code of 1986, if such plan, together with De´ja´ vu: A generation ago, the same kinds 14,000 employees' 401(k) plan assets. all other individual account plans main- of abuses poisoned traditional pension plans This was unintended and unforeseen. tained by the employer, owns more than 10 (the kind that pay retirees a monthly in- ERISA originally contained no 401(k); 401(k) percent of the assets owned by all pension come for life). Employers could promise pen- was added in 1978 to the section covering plans maintained by the employer. For pur- sions but not provide all the money needed profit sharing plans, which are exempt from poses of the preceding sentence, the assets of to pay. They could make workers wait for 15 or 20 years to receive any benefits, then fire the 10-percent limitations on employer invest- such plan subject to participant control (within the meaning of section 404(c)) shall them just before they qualified. For a while, ment. At the time, the limitations were not not be taken into account.’’. most lawmakers shrugged off these tragedies seen as relevant. Experts predicted that the (b) EFFECTIVE DATE; TRANSITION RULE.— as ‘‘small stuff.’’ It took a mount of injury to 401(k)'s would be small, profit-sharing plans. (1) EFFECTIVE DATE.—Except as provided in win ERISA, today’s pension-protection law. The defined benefit pension plan already pro- paragraph (2), the amendment made by this How big does the next Color Tile have to be, tected by the conflict rules, was considered section shall apply to plans on and after the for holders of 401(k)s to win protection, too? the vehicle for delivery of retirement security. date of the enactment of this Act. Here’s an agenda, for any legislator of con- These expectations proved wide of the (2) TRANSITION RULE FOR PLANS HOLDING EX- science: CESS SECURITIES OR PROPERTY.—In the case of Ban collectibles as 401(k) investments (art, mark; 401(k) plans have become in many a plan which on the date of the enactment of antiques, stamps, gems, memorabilia). cases the predominant pension plan for Amer- this Act has holdings of employer securities They’re not permitted for Individual Retire- icans, not supplemental, profit-sharing plans. and employer real property (as defined in ment Accounts, Keogh plans or the 403(b) They enroll approximately 30 to 35 million section 407(d) of the Employee Retirement plans used by schools, hospitals and other Americans, hold $675 billion in assets, and Income Security Act of 1974 (29 U.S.C. nonprofits. So why should 401(k) savers be

∑ 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.

VerDate 03-JUL-96 08:01 Jul 24, 1996 Jkt 029061 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\CRI\E23JY6.REC pfrm03 E1346 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 1996 exposed to so nutty a risk? If the boss wants THE DEFENSE OF MARRIAGE ACT Finally, we are told that this bill is divisive. to cuddle up to a carpet, let him buy it on Mr. Chairman, there is a division in our society his own dime, not with money from the plan. over whether homosexuality should be treated I don’t care if the plan gets lucky and the HON. JAMES M. TALENT carpet’s value flies. It’s an unconscionable OF MISSOURI in all respects as equivalent to heterosexuality. ‘‘investment’’ to force on workers of modest IN THE HOUSE OF REPRESENTATIVES Those who support this agenda are attacking means. Tuesday, July 23, 1996 the marriage institution in support of their cul- tural goals. We do not call you divisive be- Ban employers from putting more than 10 Mr. TALENT. Mr. Speaker, marriage is older cause you are attacking the institution of mar- percent of plan money into the company’s than the Government, older than the Constitu- own securities or real estate. That’s already riage. Why do you call us divisive for defend- tion and the Union, older than the political tra- ing it? The question isn't whether any of us the rule for traditional pension plans. A bill ditions from which our Republic springs. It are being divisive; it is what side of the divi- just proposed by Sen. Barbara Boxer, a Cali- originated with human civilization; it is rooted fornia Democrat, would give the same pro- sion you are on, and whether you want this in and sanctioned by the precepts of all the tection to a 401(k) if the plan lets the boss dispute to be resolved for every State by the great monotheistic religions and in particular make all the investment decisions. Supreme Court of one State. If you respect the Judeo-Christian religion. It strikes me as marriage, if you cherish the traditions of our Boxer’s opponents are quick to say that an enormous act of presumption to treat the society, if you want to nurture the most basic the pension law shouldn’t be rewritten just institution of marriage as if it were infinitely because of a smelly plan like Color Tile’s. institutions of our culture, then vote against malleable, like silly putty that can be turned But there’s a lot more rot in this barrel than these amendments and for the Defense of anyone knows. Doctors and dentists, for ex- and twisted into any shape without destroying it. If marriage means anything, it means noth- Marriage Act. ample, may use a 401(k) to buy the building f they practice in. That’s fine for a well-to-do ing, and if it means nothing then our society doc who also has other investments. But it’s fades away like a flower with no roots. I sup- INTRODUCTION OF THE NORTHERN contemptuous of the nurse whose small sav- port this bill because it does what it says it will MARIANA ISLANDS DELEGATE ings are now tied up in one piece of real es- do; it defends marriage insofar as it is appro- ACT tate. Rick Shoff, president of NRP Financial priate in our Federal system for the Congress Group in Jamison, Pa., and a recordkeeper to do so. for 401(k)s, advises employer-directed plans I want primarily today to concentrate on the HON. ELTON GALLEGLY to put one or two employees on the invest- arguments offered against the bill. OF CALIFORNIA ment committee. They deserve a say in First, it is said that the bill discriminates IN THE HOUSE OF REPRESENTATIVES where their money goes. against loving homosexual partners. Well, Mr. Tuesday, July 23, 1996 Chairman, this bill maintains the standards of If I were czar, I’d stop plans from investing Mr. GALLEGLY. Mr. Speaker, I am introduc- more than 10 percent of their assets in any our society; and whenever you maintain a ing today a bill to provide for a nonvoting Del- real-estate or nonpublic business venture. standard, you necessarily place a burden on egate to the House of Representatives to rep- These deals are illiquid and their value un- those who don't meet the standard. Our soci- resent the Commonwealth of the Northern certain, says Normal Stein, professor of law ety has a standard against polygamy; that Mariana Islands. at the University of Alabama. When you get means that loving polygamous couples cannot I do so with the original cosponsorship of a payout from such a plan, you may or may all marry each other. We have a rule against Chairman DON YOUNG. Both of us have set not receive a fair share, depending on how incest. That discriminates against adult inces- accurate the appraisal was. On rare occa- the goal of clearing away the old, traditional tuous couples who wish to marry. Mr. Chair- sions, you can’t even get your share in cash. ways of dealing with the territories of our Na- The plan might hand you a piece of paper at- man, our society is hurting so badly that I'm for almost any kind of real love or commit- tion. The Northern Mariana Islands Delegate testing that part of the property is yours— bill serves that goal. This measure enjoys and a fat lot of good that will do you if you ment. But there is a limit to how much we can change the organic institutions of our society broad bipartisan support and I want to ac- want to sell. knowledge members of the minority who are Require a warning label on plans that let in response to the alienation some people feel. We live in a free country, where people also original cosponsors. workers invest in company shares. The I believe in fairness and political justice. shares themselves may be low-risk, but it’s can live pretty much as they want. It is free precisely because we have standards, be- Every U.S. citizen living within the borders of high-risk to overinvest in them. In general, this Nation should have a voice in Congress. you should put no more than 10 percent of cause our society has successfully socialized Only the people of the Northern Marianas do your money there, even when business is most Americans in the values of love, charity, good. If employers use stock to match em- and tolerance; and the institution on which we not. My bill corrects that. It provides for a Del- ployee contributions, the employees should depend to socialize these values is the institu- egate to represent the Northern Marianas here be free to swap into something else. tion of marriage. Those who oppose this bill in the House of Representatives. Historically, Congress has provided for rep- Offer an investment alternative to employ- are either seeking no standards or a standard ees who hate their 401(k)s. You’d lose your vastly different from that sanctioned by millen- resentation by Delegate for over 30 U.S. terri- company match, but who cares, if it’s buying nia of tradition, the teachings of all the mono- tories. Today, four of five territories and the the equivalent of Carter Hawley shares? At theistic religions, and in particular the teach- District of Columbia, or the six areas of our present, you can switch to a tax-deferred In- ings of Judeo-Christian religion on which our Nation which have permanent populations but dividual Retirement Account, but only if (1) culture is based. are not States, are so represented. My bill no funds went toward 401(k)s this year, for It is also argued that supporting this bill and provides representation for the sixth, the you or your spouse, and (2) neither has a tra- defending traditional marriage is equivalent to Northern Mariana Islands. ditional pension plan. Employees with mod- racial bigotry. Here I have to offer the House I also believe in reducing the influence of est incomes can take an IRA write-off even if a personal complaint. I don't speak very often Washington in local affairs and in increasing they’re in a plan. But that’s worth only on the House floor, and it seems like every local responsibility for local actions. During the $2,000 a year. Why not pressure plans to im- time I do somebody is calling me a racial last two Congresses, I urged the closing of the prove by creating real competition? Let un- Interior Department office that has for years happy workers put the same dollars into bigot. I was for a balanced budget and that some sort of independent 401(k). made me the same as a racist. I'm for welfare been a kind of territorial overseer. With the bi- reform and in the eyes of some that was the partisan support of my colleagues, the 104th Under current law, those responsible for a equivalent of racism. Now I'm for the tradi- Congress has terminated the Office of Terri- 401(k) are supposed to act prudently and in- torial and International Affairs, eliminated the vest for the good solely of the participants. tional standards of marriage and once again Assistant Secretary political position for that ‘‘But noncompliance is an option for small the other side is calling me a bigot. Well, if employers,’’ says attorney Michael Gordon supporting heterosexual marriage is the equiv- office, and reduced the bureaucracy in half. of Washington, D.C. ‘‘Nobody thinks the gov- alent of racism, then Pope John Paul is the That office was no longer required since the ernment’s going to knock on their door and equivalent of a racist and so are a lot of black territories have their own elected officials at enforce the law.’’ pastors around the country because they all home and their own elected official in Con- Skunks like that might not pay attention support traditional marriage, too. Mr. Chair- gress. However, only the Northern Marianas to reform (complain to the Labor Depart- man, it is precisely this kind of incoherence, lacks an elected representative in Congress ment at 202–219–8776). But new laws could this substitute of moral posturing for moral and the legislation I have introduced corrects save the many plans whose sponsors aren’t reasoning, that is at the heart of the cultural that. With passage of the Northern Mariana Is- devious, just dumb. decline in America today. lands Delegate Act, all these territories will be

VerDate 03-JUL-96 08:01 Jul 24, 1996 Jkt 029061 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\CRI\E23JY6.REC pfrm03 July 23, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1347 able to speak for themselves and will be re- H.R. — sensational news environment. Gannett news- sponsible for their own actions. Be it enacted by the Senate and House of Rep- papers has chosen to recognize the best of its Many of us in this Congress have concerns resentatives of the United States of America in organization and I would like to second their Congress assembled, about local law enforcement and protection of selection of Mr. Arnold Garson and the San SECTION 1. SHORT TITLE. fundamental human rights in the Northern Bernardino County Sun as being the Best of This Act may be cited as the ‘‘Northern Gannett in 1995. Marianas and there is no intention to lessen Mariana Islands Delegate Act’’. the commitment in these areas. At the same The Sun took a gold medal for outstanding SEC. 2. DELEGATE TO HOUSE OF REPRESENTA- achievement and news performance, while Mr. time, we can also see that the society and TIVES FROM THE NORTHERN MARI- economy of the islands have flourished as part ANA ISLANDS. Garson was honored as one of the Editors of of the United States. We should have a Dele- The Joint Resolution entitled ‘‘Joint Reso- the Year. In addition, reporters Michael Dia- gate, elected by the people of the Northern lution to approve the ‘Covenant To Establish mond, M.S. Enkoji, Cassie MacDuff, Mark Marianas, here in Congress, to whom other a Commonwealth of the Northern Mariana Muckenfuss, John Whitehair, and Mark Zaleski Islands in Political Union with the United were all recognized for excellence in news re- Members can go to answer our concerns. We States of America’, and for other purposes’’ should have a Delegate here who can legiti- porting. As a public figure, and I'm sure many approved March 24, 1976 (48 U.S.C. 1801 et of my colleagues in Congress would agree, I mately advise Congress of what Federal ac- seq.), is amended by adding at the end the tions are appropriate and necessary in the following new section: do not readily give praise to members of the press, but having read the Sun for these many Northern Marianas. ‘‘SEC. 6. DELEGATE TO THE HOUSE OF REP- years, I can say that the Sun has maintained In introducing this bill today, I want to re- RESENTATIVES. ‘‘(a) IN GENERAL.—The Northern Mariana the type of professionalism and commitment to mind Members of the special circumstances Islands shall be represented in the United accurate news reporting that make it deserv- under which the Northern Marianas became a States Congress by a nonvoting Delegate to ing of these awards. part of the United States after World War II. the House of Representatives. The Resident f The Marianas were one of four Micronesian Representative of the Northern Mariana Is- archipelagoes in the United Nations Trust Ter- lands, as authorized by section 901 of the DEPARTURE OF LINCOLN UNIVER- ritory of the Pacific Islands administered by foregoing Covenant and upon election pursu- SITY PRESIDENT WENDELL RAY- the United States. The other three areas voted ant to subsection (c) of this section, after the BURN in self-determination referenda to become sep- date of the enactment of this section, shall be the Delegate. arate sovereigns in free association, with sep- ‘‘(b) COMPENSATION, PRIVILEGES, AND IMMU- HON. IKE SKELTON arate nationality and citizenship. However, un- NITIES.—Until the Rules of the House of Rep- OF MISSOURI like the other areas, the people of the North- resentatives are amended to provide other- IN THE HOUSE OF REPRESENTATIVES ern Marianas chose to be part of the American wise, the Delegate from the Northern Mari- political family. In 1975, they did so by an ana Islands shall receive the same compensa- Tuesday, July 23, 1996 overwhelming vote of 79 percent approving a tion, allowances, and benefits as a Member of Mr. SKELTON. Mr. Speaker, today I pay Covenant of political union negotiated by their the House of Representatives and shall be en- titled to whatever privileges and immunities tribute Wendell Rayburn, president of Lincoln representatives and representatives of Presi- 1 are, or hereafter may be, granted to the Del- University, who will be leaving after 8 ¤2 years dents Nixon and Ford. In 1976, Congress ap- egate from Guam to the House of Represent- of service. A leader in education in our State, proved that Covenant with Public Law 94±241. atives. President Rayburn has also been active in the Despite this birth by democratic self-deter- ‘‘(c) ELECTION OF DELEGATE.—The Delegate community of Jefferson City. His most impor- mination and having gained U.S. citizenship from the Northern Mariana Islands shall be tant achievement has been his commitment to on November 3, 1986, the people of the elected, but not appointed, as authorized by greater stress on scholarship and academics. section 901 of the foregoing Covenant and the President Rayburn successfully led Lincoln Northern Marianas have never had represen- Constitution and laws of the Northern Mari- tation here in the House of Representatives. In ana Islands so long as such authorization University from its budget deficit and put it on 1985, a Commission appointed by President complies with the Federal election criteria a solid fiscal basis. Reagan and including Congressman Robert J. for, and provides for elections in sequence Further, his leadership led to new construc- Lagomarsino, long an expert on insular affairs with, the election of other Delegates to the tion and higher level of maintenance. Dor- in this House, recommended a Northern Mari- House of Representatives. mitories were renovated and a new library was anas Delegate. His predecessor on the Com- ‘‘(d) VACANCY.—In case of a permanent va- completed. Also he introduced new technology mission, former Congressman Phillip Burton, cancy in the office of Delegate, by reason of into the classroom. Wendell Rayburn's leader- death, resignation, or permanent disability, ship and commitment to excellence will be was another advocate of the U.S.-Marianas the office of Delegate shall remain vacant relationship, and supported eventual represen- until a successor is elected and qualified. missed. tation for the islands. ‘‘(e) LACK OF EFFECT ON COVENANT.—This f section shall not be construed to alter, The Northern Marianas Legislature has WASHINGTON WONDERLAND three times in the last 6 years petitioned Con- amend, or abrogate any provision, other than section 901, of the foregoing Cov- gress for a Delegate. The speaker of the NMI enant.’’. Legislature, Diego T. Benavente, recently ap- HON. ANDREW JACOBS, JR. f peared before a congressional hearing I con- OF INDIANA ducted which addressed this issue, and af- RECOGNIZING MEMBERS OF THE IN THE HOUSE OF REPRESENTATIVES firmed that the NMI is prepared to enact the NEWS MEDIA Tuesday, July 23, 1996 necessary implementing legislation for the Mr. JACOBS. Mr. Speaker, the eloquence election of a Delegate. The elected official HON. JAY KIM and penetrating logic of the Taxpayers Unions' who represents the islands here, Resident OF CALIFORNIA Sid Taylor graces the CONGRESSIONAL RECORD Representative Juan N. Babauta, has once again. untiringly sought the voice in Congress his IN THE HOUSE OF REPRESENTATIVES MONEY, SYSTEMS AND YOUR HEALTH people want. Tuesday, July 23, 1996 (By Sid Taylor) Today, I am responding to the Commis- Mr. KIM. Mr. Speaker, I rise today to recog- About 2,000 years ago, Jesus Christ chased sion's recommendation, the clear desire of the nize the accomplishments and achievements the money changers out of the Temple. people of the Northern Marianas, and to my of several members of the news media in my Today, they’re back. own sense of what is right. I hope that the district. I have the distinct advantage of rep- This time, and in our Space Age temple of House of Representatives and the Senate will resenting a district of California that is served finance and fiscal systems, the money chang- act on this legislation in this session, so that by reporters who not only respect a difference ers have computers, satellite communica- the new Americans of the Northern Mariana of opinion, but who feel an obligation to make tions networks and instant money transfer. Islands can cast their votes for the election of their readers aware of both sides of an issue. With a national debt now around $5.5 tril- lion—I have the feeling that our American a Delegate to Congress on their 10th anniver- Recently, several of these journalists, and temple of democracy is about to experience sary of U.S. citizenship. I urge my colleagues the newspaper for which they write, were rec- Fiscal Shock. to cosponsor the Northern Mariana Islands ognized for their uncompromised integrity and Our American capitalistic system is now Delegate Act. Following is the text of the legis- journalistic ability, something that far too fre- running on ‘‘funny money’’. A government lation. quently goes unrecognized in today's tabloid, can do this for so long and then the law of

VerDate 03-JUL-96 08:01 Jul 24, 1996 Jkt 029061 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\CRI\E23JY6.REC pfrm03 E1348 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 1996 ‘‘supply and demand’’ begins to move in. NO TO BILINGUAL BALLOTS fits of citizenship without learning the language When you print about 5 trillion paper dol- of the landÐEnglish. We know this is not true. lars, the excess supply of these bills begins How can a citizen cast an informed ballot in a to degrade the value of this kind of unfunded HON. TOBY ROTH OF WISCONSIN foreign language when most candidate plat- currency. IN THE HOUSE OF REPRESENTATIVES forms, stump speeches, and media coverage The future problem of American citizens are in English? Exercising one's rights of citi- today is not that the stock market might Tuesday, July 23, 1996 zenship involves more than just casting a collapse. It probably won’t. There’s too much Mr. ROTH. Mr. Speaker, today this body vote; it means making a thoughtful decision ‘‘funny money’’ now in circulation that’s scored an important victory in the battle to regarding an issue or a candidate. Multilingual holding it up. The real problem is not an un- keep America one Nation, one people. This voting ballots give individuals the right to vote expected decline in the value of American afternoon, the House Judiciary Committee without granting the power to cast an informed stocks, but rather a decline in the value of passed legislation that repeals the Federal vote. the American ‘‘dollar’’ itself. The dollar is mandate for bilingual voting ballots. The logical extent of the argument behind the Common Stock in USA Incorporated a In the spirit of so-called ``multiculturalism'', multilingual ballots is to provide these services national business that now has about 255 the Federal Government has mandated since in all of the languages spoken in this country. million citizen/taxpayer shareholders. I’m 1965 that voting ballots and materials be print- After all, why should we privilege one linguistic one of them. ed in dozens of languages other than English. minority over another? And shouldn't we pro- As a student of history, I feel that the Today, some 375 voting districts across the vide news reports and election coverage in all shekel of ancient days and our Space Age country are required to print ballots in foreign these languages, so that these citizens have American dollar may have much in common. languages. In a classic example of an un- access to all of the information they need to With federal budget deficits in the $164 bil- funded Federal mandate, politicians in Wash- vote? lion a year range, and interest alone on the ington force States and localities to provide The simple and obvious answer is that we national debt now heading for around $344 multilingual ballots without providing any can't, my friends. There are 327 languages billion a year, this is what I mean by Fiscal money to pay for them. spoken in the United States today, and we Shock. We’re being strangled by red tape and The legislation that created this mandate is can't provide these services in all of these lan- drowning in red ink. the Voting Rights Act of 1965. Under this law, guages. What's more, we should not. It should not be the Government's responsibility to per- Shakespeare wrote ‘‘All the world’s a counties must provide multilingual voting infor- form these tasks. Government is too big, and stage, and all the men and women are merely mation and ballots in the language of any mi- it costs too much. Government should not pro- players.’’ Right? No, wrong. He lived in the nority group with more than 10,000 eligible vide services that individuals or private groups Elizabethan era, not today’s high-tech Space voters in the county. Age. All the world’s a system, and all the can perform just as well. In theory, these services should not be It's time that citizens look more to them- men and women are merely subsystems, acti- needed at all. Voting rights are extended to vators, linkages or controls. selves and to their communities and less to citizens of this country, and one needs to Government for the answers to these prob- The current battle in Congress over reform demonstrate some fluency in English to be- lems. Spouses, families, friends, and commu- of our $1 trillion dollar national health care come a U.S. citizen. In practice, this require- ‘‘system’’ illustrates the point. nity groups should bridge the gap if voting ma- ment for citizenship is often unenforced, but terials need to be translated. It can be done This system is so big and complicated I that doesn't change the facts: by law, English informally, as when a grandson translates an feel that if we taxpayers, the White House is a requirement for citizenship in this country. election flyer for a grandmother who speaks and Congress aren’t careful we may unwit- We should not be providing Government serv- little English. Or it can be done more formally, tingly legislate ourselves a medical ‘‘Tower ices in direct contradiction with the spirit, if not through privately-funded groups that perform of Babel’’. The keyword is complexity. In the letter, of this requirement. these services for an entire ethnic community. computer software, for example, W. Wayt Moreover, these services are expensive and But the lesson to be drawn is that Government Gibbs, staff writer for the Scientific Amer- unnecessary. It might surprise supporters of is not always the answer. In this case, Gov- ican has pointed out: ‘‘When a system be- multilingual ballots to know that very few peo- comes so complex that no one manager can ernment is the problem. ple actually request such special treatment. By comprehend the entirety, traditional devel- Mr. Speaker, multilingual ballots and voting opment processes break down.’’ He also adds and large, multilingual ballots are rarely re- materials are unnecessary and inexpensive. ‘‘The challenge of complexity is not only quested and even less often used, even when Moreover, they fall outside the realm of Gov- large but also growing.’’ they are provided. That is what makes their ernment's traditional responsibilities. Multi- costs to the local taxpayers all the more lingual ballots are another vestige of the Can you imagine the complexity problem shocking. 1960's obsession with the Great Society and that we American taxpayers are about to Election officials in Alameda County, CA the caretaker state. This vision of Government face in reforming our trillion dollar national is bankrupt, and we must dismantle the legis- health care system? We’re going to need wits told me recently that they spent almost lative relics of that era. I commend Chairman and wisdom. This is why I keep preaching $100,000 to produce ballots in Spanish and that what this country needs is not a good 5- Chinese for the entire county, yet only 900 HYDE and the Judiciary Committee for their cent cigar, but rather a large dose of System were ultimately requested. We can all do the wisdom in the taking the first important step in Simplification (SYSIM) in the planning, de- math: The taxpayers of Alameda county spent that direction. I urge my colleagues to support sign and operation of many of our billion (or over $100 for every multilingual ballot that was this bill when it comes to the House floor. trillion) dollar federal programs or net- actually used in their June 1994 election. f This appears to be a trend. The last election works. A TRIBUTE TO DR. C. KUMAR N. in Los Angeles saw ballots printed in 6 lan- Your life, liberty and the pursuit of happi- PATEL ness will be affected by the final design of guages other than English, among them Span- the national health care SYSTEM. At the ish, Chinese, Japanese, Vietnamese, Tagalog, least, it’s going to affect your health and and Korean. It cost the city government over HON. JERRY LEWIS OF CALIFORNIA your taxes. And on the subject of abortion, $125,000 to prepare the materials, and yet IN THE HOUSE OF REPRESENTATIVES it’s even going to involve a religious issue. only 927 ballots were used. Los Angeles spent This is what I mean by complexity. The over $135 for each voter the city helped. Tuesday, July 23, 1996 Devil hides in red tape, red lights and red Even small communities are not immune. Mr. LEWIS of California. Mr. Speaker, I ink. Or to put it another way, delays, defects Long Beach spent a relatively modest $6,200 would like to bring to your attention the fine and deficits can create ‘‘hell’’ in any big sys- preparing multilingual materials for its eligible work and outstanding achievements of Dr. C. tem or network. voters. When only 22 requests came in, the Kumar N. Patel, the vice chancellor of re- The message? Simplify, simp, sim, s. township had spent over $280 per multilingual search and a professor of physics, chemistry, P.S. COLA–Indexation of federal pay voter. As a frustrated election official told me and electrical engineering at UCLA. Dr. Patel scales, pension rates, Social Security and recently, ``this is a lot of money to help a few has been awarded the 1996 National Medal of other government entitlements is, in my people.'' That official could not be more right. Science, America's highest scientific honor, by opinion, a form of fiscal cancer that eventu- These ballots have other, more serious President Clinton. ally consumes the entire economic body. It costs associated with them. Providing these The National Medal of Science recognizes started around 1972. It’s now time to UN- special services creates the fiction that new- Dr. Patel's leadership and innovative contribu- COLA our federal fiscal system. comers to this country can enjoy the full bene- tions to science for the betterment of society.

VerDate 03-JUL-96 08:01 Jul 24, 1996 Jkt 029061 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\CRI\E23JY6.REC pfrm03 July 23, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1349 In announcing his selection, the White House bring to the attention of Congress since 1994. related crimes, bankruptcies, or lost jobs and noted Patel's invention of the carbon dioxide As chairman of the Committee on Small Busi- work time. Nor do we know the costs inflicted laser, which the White House described as a ness, I conducted hearings in September on families in terms of gambling-related alco- ``major scientific and technological break- 1994, that documented the rapid proliferation holism, divorce, or suicide. through which continues to be an important of casino gambling throughout the United As State and Federal funding for social tool in manufacturing, medical treatment, sci- States and examined the economic impact of services and other programs continue to de- entific investigations, and materials process- Government-sponsored gambling on small cline, local officials will come under even ing.'' businesses, on individual communities, and on greater pressure to heed promises of new rev- Dr. Patel, who holds 35 major scientific pat- the Nation as a whole. enue and greater prosperity in legalized gam- ents, came to UCLA after 32 years at AT&T Based on the findings of these hearings, I bling. It is imperative that these officials, and Bell Laboratories. Among his many achieve- introduced the National Policies Toward Gam- the public generally, have all the information ments, he has made significant research con- bling Review Act in November 1994 to author- available to make reasoned and prudent policy tributions in the fields of gas lasers, nonlinear ize a Federal study of the economic and social decisions. optics, molecular spectroscopy, pollution de- implications of this widespread growth of legal- Contrary to the arguments of some in the tection, and laser surgery. He maintains active ized gambling. This proposal, like that subse- gambling industry, the bill before us today research in the spectroscopy of highly trans- quently introduced by Mr. WOLF, creates a does not seek to restrict or regulate organized parent liquids and soils, and surgical, medical, new national commission, along the lines of gambling, nor is it intended as a preliminary and industrial applications of carbon dioxide the commission that last studied gambling in step toward such regulation. It merely re- and other high power gas lasers. 1976, and expands its study to all aspects of sponds to a growing public demand for more After beginning his career at AT&T Bell Lab- gambling in all States and localities. While I and better information about gambling. And it oratories in 1961, Dr. Patel became head of have reintroduced my bill in the current Con- responds to requests by officials in New York the Bell Laboratories Infrared Physics and gress, H.R. 462, I am also the lead cosponsor and elsewhere for a broad analysis of the im- Electronics Research Department in 1967 and of H.R. 497. pact of gambling that can incorporate informa- director of the Electronics Research Labora- The 1994 Small Business Committee hear- tion from all States and from Indian tribal juris- tory in 1970. He became director of the Phys- ings convinced me that widespread legalized dictions. ical Research Laboratory in 1976, and execu- gambling has raised serious questions that I believe the bill before us today can provide tive director of the Research, Physics, and local officials, and American society generally, the information the public needs to make more Academic Affairs Division in 1981. In 1987, he were not prepared to address. The hearings informed decisions about gambling. It is clear- became executive director of the Research, confirmed what a New York Times article ly not perfect. The subpoena authority in the Materials Science, Engineering, and Academic headline had proclaimed several weeks ear- Senate version applies only to documents, not Affairs Division. Dr. Patel came to UCLA in lier, that ``Gambling Is Now Bigger Than Base- individuals. And the wording of that authority 1992 and was touted by the UCLA search ball'' as a national pastime. Some 125 million is, at best, ambiguous. I am troubled also by committee as ``one of the most extraordinary people visited casinos in 1994, a whopping the restrictions the bill would impose on the scientists in America.'' 36-percent increase from 92 million in 1993. use of information generated by the commis- Mr. Speaker, I ask that you join me and our Average annual attendance to professional sion, particularly the release of financial infor- colleagues in congratulating Dr. Patel for his baseball games barely reached 70 million. Ca- mation to the public. leadership and commitment to the advance- sino revenues increase by a whopping 33 per- However, the need for more comprehensive ment of science. It is only fitting that the cent between 1993 and 1994, from $30 billion information and analysis of gambling is urgent House pay tribute to this outstanding National to $40 billion, more than the combined reve- in my State of New York and in other States. Medal of Science recipient. nues for other major leisure activities, includ- The commission bill before us, while not per- f ing movies, books, recorded music, spectator fect, will provide significantly more information sports, theme parks, and arcades. about the economic and social implications of PERSONAL EXPLANATION Americans wagered $462 billion on all forms gambling than is available today. of legalized gambling in 1994, more than the Nearly 2 years have passed since I first pro- HON. WILLIAM F. CLINGER, JR. entire gross national product of Communist posed legislation to create a national commis- OF PENNSYLVANIA China. More than $360 billion was wagered in sion to study gambling. It was needed then, it IN THE HOUSE OF REPRESENTATIVES casinos in 10 States and on Indian reserva- is imperative now. I urge adoption of this im- Tuesday, July 23, 1996 tions in 24 States, most of which were built portant legislation. Mr. CLINGER. Mr. Speaker, on Monday, since 1991. All but three States now permit f July 22, I was unavoidably detained and parimutuel betting, slot machines, video poker, keno, bingo, or other forms of gambling. And CONGRATULATIONS TO JOSEPH missed rollcall vote 334. O’BRIEN Had I been present, I would have voted 36 States actively encourage gambling with ``aye'' on rollcall vote 334 during consideration government-run lotteries. of H.R. 3845, a bill making appropriations for This is a far different situation than when HON. JOSEPH P. KENNEDY II the District of Columbia for fiscal year 1997. the national commission issued its report on OF MASSACHUSETTS gambling in 1976. Legalized gambling was f IN THE HOUSE OF REPRESENTATIVES then confined to Nevada and under consider- Tuesday, July 23, 1996 NATIONAL GAMBLING IMPACT ation for Atlantic City. The focus of the com- AND POLICY COMMISSION ACT mission's study was the influence of organized Mr. KENNEDY of Massachusetts. Mr. crime in gambling, not the various economic Speaker, I rise today to pay tribute to Joseph SPEECH OF and social implications of widespread gam- P. O'Brien for cycling 3,800 miles to support HON. JOHN J. LaFALCE bling throughout the country. the National Scoliosis Foundation research to find a cure for scoliosis. I would also like to OF NEW YORK As gambling has spread across the United congratulate the foundation itself for its 20 IN THE HOUSE OF REPRESENTATIVES States, and even to locations on our border with Canada, it has become clear that the years of service to the scoliosis community. Monday, July 22, 1996 promised benefits of gambling as an approach Over the years this foundation has earned Mr. LaFALCE. Mr. Speaker, I rise in support for local economic development have proven recognition and enormous respect for its dedi- of the Senate version of H.R. 497, the Na- to be illusory. States and localities now com- cation to educate and support the scoliosis tional Gambling Impact and Policy Commis- pete with Indian reservations and with other community and its ongoing research to find a sion Act. The bill includes several provisions States to lure potential gamblers, or only to cure. Joe is both the president and CEO of that are less satisfactory than the bill I coau- keep their gambling revenues at home. Casi- the National Scoliosis Foundation. Through a thored with Representative FRANK WOLF that nos that were touted as bringing jobs and eco- football injury in high school, 1966, it was dis- passed the House in March. However, I be- nomic enrichment to communities in 1994 are covered that Joe had scoliosis. However at lieve it is imperative that we act now to initiate now going bankrupt. the age of 16 his condition had progressed so a comprehensive study of gambling and its im- The social costs of gambling also are be- that it was necessary that he undergo two spi- pact on our society. coming more visible as gambling spreads to nal surgeries. He spent 12 months of his life The legislation before us today addresses more locations. Unfortunately, we have no es- in a hospital, 11 of which were in a body cast. issues and concerns that I have sought to timates, for example, of the costs of gambling- This ailment had a profound effect on Joe

VerDate 03-JUL-96 08:01 Jul 24, 1996 Jkt 029061 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\CRI\E23JY6.REC pfrm03 E1350 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 1996 where he dealt with his physical deformity and Clifton Park and the more than 1.2 million Elks enced and the turmoil they have been through was considered handicapped. Twelve years around the country that the fight to protect Old in bringing Captain Kennedy home. later Joe needed a third spinal surgery when Glory is not over. f his lower back started to twist and curve which Mr. Speaker, we all owe a tremendous debt split his original fusion. Joe decided to cycle a of gratitude to organizations like the Elks and ARMSTRONG CABLE SERVICES 3,800 mile journey, ``cycling for the cause'', lodges like No. 2466. Their activities act as a DESERVES THANKS from San Francisco, CA to Boston, MA, to cre- constant reminder to all of us of our roots and ate awareness about scoliosis and reach out what it took to get our great Nation where we HON. PHIL ENGLISH to the 6 million people in the United States af- are today. For that Mr. Speaker, I ask that you OF PENNSYLVANIA fected with it. He began his trip June 2, 1996 and all Members of the House join me in pay- IN THE HOUSE OF REPRESENTATIVES in spite of his three spinal fusion. Joe saw this ing tribute to the Clifton Parks Elks Lodge and Tuesday, July 23, 1996 as an opportunity to create awareness about all they've accomplished. Mr. ENGLISH of Pennsylvania. Mr. Speaker, scoliosis and reach out to the 6 million people f every year, for the past 5 years, a local com- in the United States affected with it. Joe, also pany based in the 21st District of Pennsylva- sees this trip as a way to commemorate the TRIBUTE TO CAPTAIN JOHN WILLIAM KENNEDY nia, Armstrong Cable, has sponsored the Sen- 20th anniversary of the National Scoliosis ior Classic Golf Tournament which has raised Foundation and the 30th year of his first scoli- funds to help the people of the Meadville, PA, osis surgery. The Foundation [NSF] should be HON. JAMES P. MORAN area. The tournament itself and the auction of commended for its efforts to help raise funds OF VIRGINIA autographed gold memorabilia has raised over for supporting research into the cause and IN THE HOUSE OF REPRESENTATIVES $50,000 for charity. On August 8, the classic treatment of scoliosis. Tuesday, July 23, 1996 will tee off again. Mr. Speaker, Joseph O'Brien is an outstand- Mr. MORAN. Mr. Speaker, I rise today to The tournament demonstrates the good that ing individual and I know you will join me in individuals, businesses, and our communities congratulating him for his contribution to find a pay tribute to a brave Virginian and proud member of the U.S. Air Force, who gave his can do when they join together to help those cure for scoliosis and other spinal deformities. less fortunate than themselves. This year the f life in service to his country. Capt. John Wil- liam Kennedy known to his family and friends tournament, at Oakland Beach Golf Course in CLIFTON PARK ELKS LODGE as Jack will complete his long awaited journey Conneaut Lake, will benefit Habitat for Hu- CELEBRATES 25TH ANNIVERSARY home to be laid to rest in Arlington Cemetery, manity, the READ Program, CASAÐa child's Friday August 2, 1996. advocate court program, the Meadville Public HON. GERALD B.H. SOLOMON Capt. John William Kennedy was lost while Library, the Martin Luther King, Jr., Scholar- flying a visual reconnaissance mission in an ship Fund, and Meadville Community Theater. OF NEW YORK Armstrong is also supporting renovation of the IN THE HOUSE OF REPRESENTATIVES O±2A over Quangtin Province of South Viet- nam. Captain Kennedy was a forward air con- community's historic Academy Theater. Tuesday, July 23, 1996 troller with the 20th Tactical Air Support I applaud Armstrong Cable Services for con- Mr. SOLOMON. Mr. Speaker, I wanted to Squadron based in Chu Lai, Vietnam in sup- tinuing the deep community involvement of its take this time to commend the good people port of the 23d Infantry Division. predecessor, Meadville Master Antenna, and I who make up the Clifton Park Lodge of the On August 16, 1971, radio contact was lost commend all of the individuals who will make Benevolent and Protective Order of Elks. This with Captain Kennedy's plane during normal this charitable function succeed. Joan Kocan, month, they are celebrating 25 years of exist- radio communication check-in. There were no of Armstrong Cable Services, has tirelessly ence in the Clifton Park area. radio calls, no crash site found, and no eye worked to host the tournament and to draft But Mr. Speaker, they have done more than witnesses. However, there were reports of a many generous corporate sponsors. She and just exist during the past quarter century. In North Vietnamese regiment operating in the the other Armstrong workers deserve our grat- fact, the membership in Elks Lodge No. 2466 area. Captain Kennedy was listed as ``Missing itude for volunteering during the entire func- has soared to an incredible 600 members. But in Action'' a status he carried until July of tion. aside from that, over the coarse of the years, 1978, when the Air Force re-evaluated his sta- I hope my colleagues will join me in wishing the members of this lodge have made great tus to ``Presumed Killed in Action.'' In May of success to the Armstrong Cable Senior Clas- strides in expanding and improving their facili- this year, Captain Kennedy's family was con- sic. ties, thus being able to attract and secure tacted by the U.S. Air Force with a positive f more and more of their neighbors in the area identification of Captain Kennedy's remains. 100TH ANNIVERSARY CELEBRA- as brother Elks. They have added a pavilion to Born in Washington, DC, Captain Kennedy TION OF CALVARY BAPTIST host topnotch outdoor events and gatherings, was raised in Arlington and graduated from CHURCH a softball field and now, they have opened a Wakefield High School in 1965. He then went new, larger lodge. on to the prestigious Virginia Military Institute HON. FRANK PALLONE, JR. Mr. Speaker, the members of the Clifton and graduated in 1969, with a degree in Civil OF NEW JERSEY Park Elks Lodge have a great deal for which Engineering. In 1969 he was named Southern IN THE HOUSE OF REPRESENTATIVES to be proud considering all that they have ac- Conference Wrestling Champion in the 160 complished in their relatively brief history. And pound weight class. He was cocaptain of the Tuesday, July 23, 1996 as a brother Elk myself, I can't tell you how varsity wrestling and soccer teams, a member Mr. PALLONE. Mr. Speaker, on Sunday, proud I personally am of their achievements. of the VMI Honor Court, inducted into the July 28, Calvary Baptist Church of Belmar, NJ, That's because, every time the Elks grow in Who's Who in American Colleges and Univer- will celebrate its 100th anniversary. The cele- numbers, that means there is another patriot sities and Kappa Alpha. In 1980, Captain Ken- bration will begin with a worship service Sun- out there to promote pride, patriotism, and citi- nedy was inducted into the Virginia Military In- day morning, followed by a luncheon at the zenship among our fellow Americans. I can't stitutes Sports Hall of Fame. Belmar Elks Club. say enough about how much this organization Captain Kennedy's military awards include Mr. Speaker, Calvary Baptist Church was and the members like those from Clifton Park the Distinguished Flying Cross, the Purple founded on Christmas Day 1894 by a group of in my congressional district do on behalf of Heart, the Air Medal with two Oak Leaf Clus- families who desired to worship together in the flag, country, and community. In fact, Mr. ters, National Defense Service Medal, the Baptist tradition. The official organization as a Speaker, it is the Elks who raise awareness of Vietnam Service Medal, and the Republic of church was completed on July 1, 1896, and our flag and remind us what it means to Amer- Vietnam Campaign Medal. the first communion was held July 26 of that ica. I'm proud to say the Elks stood by my Captain Kennedy is survived by his mother year. The original name was Memorial Baptist side as part of the Citizens Flag Alliance and Sally Chewning Kennedy of Lake Ridge, VA Church, and the building was originally erect- lent their support to my constitutional amend- and his brother Daniel E. Kennedy, Jr. of ed at the corner of Main Street and 12th Ave- ment to prohibit the physical destruction of our Dumfries, VA. nue. In July 1925, the name was changed to flag. As you know, that measure was over- I offer the heartfelt appreciation of all Ameri- Calvary Baptist Church and the building was whelmingly approved here in the House, and cans to Captain Kennedy's family and hope moved to its present location at 13th Avenue failed by just three votes in the Senate. But I that they find solace in knowing America ap- and E Street. A Sunday school wing and fel- know with the support of lodges like those in preciates the profound loss they have experi- lowship hall were later added to the facility.

VerDate 03-JUL-96 08:01 Jul 24, 1996 Jkt 029061 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\CRI\E23JY6.REC pfrm03 July 23, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1351 Several descendants of the original families IRS funding will result in the deficit going up TRIBUTE TO THE CITY OF still attend the church, while new families con- because less revenue will be collected. ARNOLD, PA tinue to join the church all the time. Under the My colleagues on the Subcommittee of leadership of the Reverend Grace I. Scarle, Treasury, Postal Appropriations are concerned HON. RON KLINK pastor of the church, Calvary Baptist seeks to about the lack of results from IRS's efforts on OF PENNSYLVANIA be a community church, following the call in the tax system modernization [TSM]. I concur IN THE HOUSE OF REPRESENTATIVES Ephesians 4:11-6 ``To prepare believers in TSM has many problems. They have had Jesus Christ for works of service in His Tuesday, July 23, 1996 problems through three administrations. How- name.'' In that spirit, Calvary Baptist Church Mr. KLINK. Mr. Speaker, I rise today to con- ever, I disagree with the majority in trying to holds Sunday worship services in both the gratulate the city of Arnold, PA, on its 100th solve those problems by cutting funds from morning and the evening, Sunday school, va- anniversary. The land upon which Arnold cur- existing programs and mandating that the De- cation Bible school, and prayer and Bible rently rests was first settled by Maj. Andrew study. The church also hosts a variety of com- partment of Defense alone should handle find- Arnold. Major Arnold, an Army veteran of the munity functions, including youth groups, Alco- ing the IRS a suitable new contractor to imple- Black Hawk War, served for more than 20 holics Anonymous meetings and the Cata- ment TSM. years, and for a short period in 1832, served combs Coffee House, and provides a food Further, I disagree with the majority's re- under the command of then Capt. Abraham pantry ministry for the community. strictive TSM language and reduced funding Lincoln. Mr. Speaker, on this occasion, it gives me levels for all of IRS, that would mandate the With his military career behind him, Major great pride to offer my congratulations to Rev- immediate elimination of as many as 7,500 Arnold moved to western Pennsylvania in erend Scarle and all the members of Calvary positions throughout the agency. 1852. Here he was the first settler to inhabit the land that would be incorporated in 1896 Baptist Church as they celebrate the 100th an- Mr. Speaker, for these reasons, I urge my and named in his honor. niversary of this great center of spiritual colleagues to vote ``no'' on the Treasury-Post- strength and community service on the Jersey Fueled by a strong glass industry in the re- al Appropriations Act for fiscal year 1997. shore. gion, Arnold grew from its humble beginnings as a solitary train station to its current popu- f f lation of 6,200. With the establishment of the TREASURY, POSTAL SERVICE, AND SEVERANCE PAYMENTS TO AID Chambers Glass Co. in 1891, and the skill of GENERAL GOVERNMENT APPRO- the Arnold employees, the city of Arnold be- PRIATIONS ACT, 1997 PERSONNEL WHO VOLUNTARILY RESIGN came one of the premier glassmaking centers in the United States. Arnold's success in the SPEECH OF industry earned the city its current nickname, HON. RONALD D. COLEMAN ``Glass City.'' HON. BENJAMIN A. GILMAN Under the leadership of Mayor William OF TEXAS OF NEW YORK DeMao, Arnold's mayor since 1964, Arnold IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES continues to serve as a glowing example of an Tuesday, July 16, 1996 optimistic American town looking forward to The House in Committee of the Whole Tuesday, July 23, 1996 another successful century. So today, Mr. House on the State of the Union had under Speaker, I join with all my colleagues in the consideration the bill (H.R. 3756) making ap- Mr. GILMAN. Mr. Speaker, today I am House in congratulating Arnold on the momen- propriations for the Treasury Department, pleased to introduce H.R. 3870, to authorize tous occasion of its 100th anniversary. the U.S. Postal Service, and Executive Office severance payments to AID personnel who f of the President, and certain independent voluntarily resign. agencies, for the fiscal year ending Septem- CYPRUS HAS SUFFERED FOR 22 ber 30, 1997, and for other purposes: I am introducing this bill at the request of YEARS Mr. COLEMAN. Mr. Chairman, I rise today the administration to allow AID to offer up to in opposition to the Treasury-Postal Appropria- 100 employees, who voluntarily resign, sever- ance payments up to a cap of $25,000. In the HON. BOB FILNER tions Act for fiscal year 1997. As reported, the OF CALIFORNIA bill would throw over 2,000 Federal employees Foreign Service employees are entitled 1 IN THE HOUSE OF REPRESENTATIVES out of their jobs on October 1, 1997 and lead month severance per year of service. Civil to the loss of several thousand more Federal Service employees are entitled to 1 week sev- Tuesday, July 23, 1996 jobs during fiscal year 1997 due to inadequate erance per year of service. Mr. FILNER. Mr. Speaker, I rise today to funding for the Internal Revenue Service. The Over the past few years, AID personnel re- join my colleagues in commemorating a tragic measure also bans the use of a female em- duced in size from approximately 11,000 to eventÐTurkey's military invasion of the Re- ployee's own funds appropriated in the bill to 8,000 employees mainly using hiring freezes public of Cyprus in July 1974. But I think we pay for insurance that would cover the termi- that cause AID to lose at least 120 employees all agree that the even greater tragedy is the nation of a pregnancy under the Federal em- per year. Due to further cuts in the President's fact that 21 years later, Turkey's illegal occu- ployee health benefit programs. fiscal year budget request, AID had to acceler- pation of northern Cyprus remains in place The Treasury, Postal Service and general ate the reductions and is currently in the proc- and the suffering of the people of Cyprus con- government appropriations bill provides fund- ess of laying off 200 employees by conducting tinues. ing for Federal Employees Health Benefits a formal reduction in force [RIF] of 97 Foreign Driven from their homes and villages, brutal- Program, the network of insurance plans that Service and 103 Civil Service employees. ized, and denied information as to the fate of cover approximately nine million federal em- over 1,600 loved ones missing since the inva- Rather than layoff all 200 employees, AID ployees and their dependents. There are ap- sion, the people of Cyprus have patiently co- would like to offer up to 100 employees who proximately 1.2 million women of reproductive operated with international negotiatorsÐfor 21 voluntarily resignÐand are not already eligible age who rely on the FEHBP for their medical yearsÐin the hopes of securing a peaceful co- to retireÐthe opportunity to receive the sever- care. existence. ance payment they would have received if According to the American Medical Associa- Mr. Speaker, Greek-Americans in San they had been laid off, up to a cap of $25,000. tion, funding restrictions that deter or delay Diego and across the United States also share In this way, AID hopes to have 100 volunteers women from seeking early abortions make it in the agony created by the occupation of Cy- take the place of at least half of those people more likely that women will bear unwanted prus. They agonize about missing friends and children, continue a potentially health-threaten- scheduled to be laid off. family, the destruction of the Greek Cypriot ing pregnancy to term, or undergo abortion This bill is supported by the administration, culture and the denial of access to ancestral procedures that would endanger their health. the American Foreign Service Association, the homelands now occupied by the Turkish army. Further, while the subcommittee's 602(b) al- chairman of the House Government Reform These people have suffered too long! location was $100 million below the fiscal year Subcommittee on Civil Service, JOHN L. MICA, And so, together with the Greek-American 1996 level, the IRS was hit with a funding cut and the Senate chairman of the Government community, I urge Congress and the adminis- of $775 million below fiscal year 1996. It is im- Affairs Committee, TED STEVENS. I urge Mem- tration to adopt a far more active role in press- portant to underline the fact that the cuts in bers to support this measure. ing the Turkish Government to withdraw its

VerDate 03-JUL-96 08:01 Jul 24, 1996 Jkt 029061 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\CRI\E23JY6.REC pfrm03 E1352 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 1996 troops from Cyprus, end the human rights apportioned by formula for such major pro- Recently, the Federal Highway Administra- abuses there and provide a full accounting of grams as the NHS, Interstate Maintenance, tion calculated the amount each State has re- those who are missing. the Surface Transportation Program and the ceived compared to its contributions under It's time we let Turkey know that a peaceful Bridge Program. ISTEA to date, fiscal years 1992 through resolution to this crisis is tragically overdue. Allocated funds, on the other hand, are dis- 1995. It is interesting to note that of the 22 f cretionary in nature. Allocated funding cat- States who are members of step 21, only two, egories include such items as the Bridge Dis- Georgia and South Carolina, received back ISTEA REAUTHORIZATION AND cretionary Program and the Interstate Mainte- less than 90 cents on the dollar contributed to THE FALLACY OF THE STEP 21 nance Discretionary Program. These monies, the Highway Trust Fund. PROPOSAL which only account for 11 percent of the amount of Federal highway funds available to Morever, seven step 21 coalition States re- the States, are primarily allocated on a needs ceived back a dollar or more on each dollar HON. NICK J. RAHALL II contributed: Arizona, Minnesota, Nebraska, OF WEST VIRGINIA basis. A group of donor States, however, are seek- Ohio, Oregon, Virginia, and Wisconsin. And IN THE HOUSE OF REPRESENTATIVES ing to change the existing highway funding another six step 21 coalition StatesÐLouisi- Tuesday, July 23, 1996 distribution formula. Their basic contention is ana, Michigan, Mississippi, Missouri, North Mr. RAHALL. Mr. Speaker, the Subcommit- that while they receive back 90 percent of ap- Carolina and OklahomaÐare receiving back tee on Surface Transportation has been hold- portioned funds, when the discretionary (allo- between 95 cents and 99 cents on the dollar. ing a series of hearings on the reauthorization cated) funds are taken into account they al- The other 7 States all received at least 90 of the Federal Highway and Transit Programs lege that they often receive back less than 90 cents on the dollar. These calculations, it as embodied in the Intermodal Surface Trans- percent of their contributions to the Highway should be noted, include returns with the dis- portation Efficiency Act of 1991 [ISTEA], which Trust Fund. These States, which have orga- cretionary accounts factored in. expires at the end of fiscal year 1997. nized as the step 21 coalition, are seeking a It seems to me, then, that the only step 21 One of the most contentious issues raised number of changes in ISTEA, including a new coalition States who have a bona fide beef so far involves the formula by which Federal formula that assures them a 95-percent return with the current highway funds distribution for- highway funds are distributed to the States. on payments made to the Highway Trust mula are Georgia and South Carolina. Fund. Since the inception of modern Federal High- It should be noted, however, that the step If you believe that there is still a national in- way Program in 1956 when the Highway Trust 21 proposed formula for distributing funds to terest in the highways of this countryÐthe Fund was established, there have always the States is based on using a percentage of Interstate System and the new National High- been some States which contribute more into a percentage. In other words, each State way SystemÐthen the step 21 proposal poses the Fund than they receive back, known as would receive 95 percent of its share of con- some danger to the integrity of that system. donor States, and others which receive back tributions to the Highway Trust Fund without Not only is the step 21 formula based on more than contributed, known as donee requiring that the total amount distributed in a States. This arrangement is necessary be- unrealistic assumptions, but it would deprive given year equal the total amount received. the ability of the Nation to construct the new cause a national highway system simply can- Shades of voodoo economics. Of course the not be constructed and maintained without it. high-priority corridors authorized by ISTEA as step 21 formula paints such a rosy picture for part of the National Highway System as well In this regard, there are basically two deliv- donor States. It is premised upon a formula ery mechanisms through which Federal high- as other NHS routes of an interstate nature. which has as an assumption that more money Simply put, under step 21, there would not be way money is distributed to the States: Funds could be paid out than received into the High- funds available to construct and maintain are either apportioned or allocated. Appor- way Trust Fund. tioned funds are divvied out by formula, and The more appropriate and fiscally prudent roads of an interstate nature, highways of a each State is assured of a minimum 90 per- way of measuring how each State is faring national interest, as well as to fulfill other Fed- cent return on the amount of its estimated under the Federal highway program is to cal- eral obligations, such as building and improv- contributions to the Highway Trust Fund. culate the ratio of its payments to the Highway ing roads in units of our National Park System. It is important to note that out of all of the Trust Fund against what it receives. This is I would urge all of my colleagues to con- Federal highway funds available to States in a the method that has traditionally been used sider these facts when deliberating the reau- given year, the vast majorityÐ89 percentÐare and is the most widely accepted. thorization of ISTEA.

VerDate 03-JUL-96 08:01 Jul 24, 1996 Jkt 029061 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\CRI\E23JY6.REC pfrm03 Tuesday, July 23, 1996 Daily Digest

HIGHLIGHTS Senate passed Budget Reconciliation. Senate Adopted: Chamber Action By a unanimous vote of 99 yeas (Vote No. 214), Routine Proceedings, pages S8493–S8582 D’Amato Amendment No. 4927, to require welfare Measures Introduced: Two bills were introduced, recipients to participate in gainful community serv- ice. Page S8495 as follows: S. 1982 and 1983. Page S8553 Exon (for Simon) Modified Amendment No. Measures Reported: Reports were made as follows: 4928, to increase the number of adults and to extend H.R. 3845, making appropriations for the govern- the period of time in which educational training ac- ment of the District of Columbia and other activities tivities may be counted as work. Pages S8495±96 chargeable in whole or in part against revenues of By 97 yeas to 2 nays (Vote No. 216), Chafee said District for the fiscal year ending September 30, Amendment No. 4931, to maintain current eligi- 1997, with amendments. (S. Rept. No. 104–328) bility standards for Medicaid and provide additional Special Report entitled ‘‘Revised Allocation to State flexibility. Pages S8496±97 Subcommittees of Budget Totals from the Concur- Chafee Amendment No. 4933 (to Amendment rent Resolution for Fiscal Year 1997’’. (S. Rept. No. No. 4931), to maintain current eligibility standards 104–329) for Medicaid and provide additional State flexibility. H.R. 3756, making appropriations for the Treas- Pages S8496±97 ury Department, the United States Postal Service, By 53 yeas to 45 nays (Vote No. 218), Conrad the Executive Office of the President, and certain Amendment No. 4934, to eliminate the State food Independent Agencies, for the fiscal year ending Sep- assistance block grant. Pages S8497±98 tember 30, 1997, and for other purposes, with Santorum (for Gramm) Amendment No. 4935, to amendments. (S. Rept. No. 104–330) deny welfare benefits to individuals convicted of ille- gal drug possession, use or distribution. (By 74 yeas S. 88, to increase the overall economy and effi- to 25 nays (Vote No. 219), three-fifths of those Sen- ciency of Government operations and enable more ef- ators duly chosen and sworn having voted in the af- ficient use of Federal funding, by enabling local gov- firmative, Senate agreed to a motion to waive section ernments and private, nonprofit organizations to use 305(b) of the Congressional Budget Act with respect amounts available under certain Federal assistance to consideration of the amendment.) Pages S8498±99 programs in accordance with approved local flexibil- Graham (for Simon) Amendment No. 4938, to ity plans, with an amendment in the nature of a preserve eligibility of immigrants for programs of substitute. (S. Rept. No. 104–331) Page S8553 student assistance under the Public Health Service Measures Passed: Act. Page S8500 Shelby Amendment No. 4939, to provide a re- Budget Reconciliation: By 74 yeas to 24 nays fundable credit for adoption expenses and to exclude (Vote No. 232), Senate passed H.R. 3734, to provide from gross income employee and military adoption for reconciliation pursuant to section 202(a) of the assistance benefits and withdrawals from IRA’s for concurrent resolution on the budget for fiscal year certain adoption expenses. (By 78 yeas to 21 nays 1997, after striking all after the enacting clause and (Vote No. 221), three-fifths of those Senators duly inserting in lieu thereof, the text of S. 1956, Senate chosen and sworn having voted in the affirmative, companion measure, as amended, and after taking Senate agreed to a motion to waive sections 305 and action on further amendments proposed thereto, as 310 of the Congressional Budget Act with respect to follows: Pages S8493±S8532 consideration of the amendment.) Pages S8500±01 D787 D788 CONGRESSIONAL RECORD — DAILY DIGEST July 23, 1996 Ashcroft Amendment No. 4941, to set a time imum participation rates. (By 56 yeas to 43 nays limit of 24 consecutive months for TANF assistance (Vote No. 226), Senate tabled the amendment.) and allows States to sanction recipients if minors do Pages S8504±05 not attend school. Pages S8503±04 During consideration of this measure today, Senate Ashcroft Amendment No. 4943 (to Amendment also took the following action: No. 4941), to provide that a State may sanction a A point of order was made that Section 2104, re- family’s TANF assistance if the family includes an lating to services provided by charitable or private adult who fails to ensure that their minor dependent organizations was in violation of section 313(b)(1)(A) children attend school. Page S8503 of the Congressional Budget Act and, by 67 yeas to Ashcroft Amendment No. 4944 (to Amendment 32 nays (Vote No. 230), three-fifths of those Sen- No. 4941), to provide that a State may sanction a ators duly chosen and sworn having voted in the af- family’s TANF assistance if the family includes an firmative, Senate agreed to a motion to waive the adult who does not have, or is not working toward Congressional Budget Act with respect to consider- attaining a secondary school diploma or its recog- ation of Section 2104, and the point of order thus nized equivalent. Page S8503 fell. Pages S8507±08 Ford (for Murray) Amendment No. 4950, to Three-fifths of those Senators duly chosen and strike section 1206, relating to the summer food sworn not having voted in the affirmative, Senate re- service program for children. Page S8504 jected motions to waive certain provisions of the Rejected: Congressional Budget Act with respect to consider- Harkin Amendment No. 4916, to strike section ation of amendments proposed to the bill, as follows: 1253, relating to child nutrition requirements. (By By 41 yeas to 57 nays (Vote No. 212), Faircloth 56 yeas to 43 nays (Vote No. 213), Senate tabled the Amendment No. 4905, to prohibit recruitment ac- amendment.) Pages S8494±95 tivities in SSI outreach programs, demonstration By 31 yeas to 68 nays (Vote No. 217), Roth projects, and other administrative activities. (*section Amendment No. 4932 (to Amendment No. 4931), 305) Page S8494 to maintain the eligibility for Medicaid for any indi- By 46 yeas to 52 nays (Vote No. 215), Feinstein/ vidual who is receiving Medicaid based on their re- Boxer Amendment No. 4929, to provide that the ceipt of AFDC, foster care or adoption assistance, ban on supplemental security income benefits apply and to provide transitional Medicaid for families to those aliens entering the country on or after the moving from welfare to work. Page S8497 enactment of this bill. (*section 310(d)(2)) Helms Amendment No. 4930, to strengthen food Page S8496 stamp work requirements. (By 56 yeas to 43 nays By 51 yeas to 48 nays (Vote No. 227), Exon (for (Vote No. 220), Senate tabled the amendment.) Kennedy) Amendment No. 4955, to permit assist- Page S8499 ance to be provided to needy or disabled legal immi- By 37 yeas to 60 nays (Vote No. 222), Graham grant children when sponsors cannot provide reim- Amendment No. 4936, to modify the formula for bursement. (*section 310(d)(2)) Page S8505 determining a State family assistance grant to in- clude the number of children in poverty residing in By 35 yeas to 64 nays (Vote No. 228), Exon (for Kennedy) Amendment No. 4956, to allow a 2-year a State. Pages S8501±02 By 48 yeas to 51 nays (Vote No. 223), Ford implementation period under the Medicaid program Amendment No. 4940, to allow States the option to for implementation of the attribution of sponsor’s in- provide non-cash assistance to children after the 5- come and the 5-year ban. Pages S8505±06 year time limit. Page S8502 * Subsequently, points of order that the amend- By 50 yeas to 49 yeas (Vote No. 224), Senate ta- ments were in violation of certain sections of the bled a motion to reconsider Vote No. 223 (listed Congressional Budget Act were sustained, and the above). Page S8502 amendments were ruled out of order. Page S8509 By 37 yeas to 62 nays (Vote No. 225), Ashcroft Also, three-fifths of those Senators duly chosen Amendment No. 4942 (to Amendment No. 4941), and sworn not having voted in the affirmative, Sen- to provide that a family may not receive TANF as- ate reject motions to waive the Congressional Budget sistance for more than 24 consecutive months at a Act with respect to consideration of certain sections time unless an adult in the family is working or a of the bill, as follows: State exempts an adult in the family from working By 42 yeas to 57 nays (Vote No. 229), Section for reasons of hardship. Pages S8503±04 408(a)(2), to prohibit additional cash assistance for Graham Amendment No. 4952, to strike addi- children born to families presently receiving assist- tional penalties for consecutive failure to satisfy min- ance. Pages S8506±07 July 23, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D789 By 52 yeas to 46 nays (Vote No. 231), Section Bumpers (for Sarbanes/Mikulski) Amendment No. 2909, relating to abstinence education. 4997, to restore funding for certain agricultural re- Pages S8508±09 search programs. Pages S8545±46 Subsequently, a point of order that the sections Cochran (for Hatch/Harkin) Amendment No. were in violation of section 313(b)(1)(A) of the Con- 4998, to require that certain funds be used to com- gressional Budget Act were sustained, and the sec- ply with certain provisions of the Federal Food, tions were ruled out of order. Page S8509 Drug, and Cosmetic Act relating to approval dead- Senate insisted on its amendment, requested a lines. Page S8546 conference with the House thereon, and the Chair Cochran (for Smith) Amendment No. 5000, to appointed the following conferees on the part of the provide that the town of Berlin, New Hampshire, Senate: from the Committee on the Budget: Senators shall be eligible during fiscal year 1997 for a grant Domenici, Nickles, Gramm, Exon, and Hollings; under the rural utilities assistance program. from the Committee on Agriculture, Nutrition, and Page S8552 Forestry: Senators Lugar, Helms, Cochran, Santorum, Cochran (for Craig) Amendment No. 5001, to re- Leahy, Heflin, and Harkin; from the Committee on quire a review and report on the H–2A non- Finance: Senators Roth, Chafee, Grassley, Hatch, immigrant worker program. Page S8552 Simpson, Moynihan, Bradley, Pryor, and Rockefeller; Rejected: and from the Committee on Labor and Human Re- Gregg Amendment No. 4959, to prohibit the use sources: Senators Kassebaum and Dodd. Page S8532 of funds to make loans to large processors of sugar- Agriculture Appropriations, 1997: Senate contin- cane and sugar beets, who has an annual revenue ued consideration of H.R. 3603, making appropria- that exceeds $10 million, unless the loans require tions for Agriculture, Rural Development, Food and the processors to repay the full amount of the loans, Drug Administration, and Related Agencies pro- plus interest. (By 63 yeas to 35 nays (Vote No. 233), grams for the fiscal year ending September 30, 1997, Senate tabled the amendment.) Pages S8533±34 taking action on further amendments proposed McCain Amendment No. 4968, to reduce funds thereto, as follows: Pages S8532±52 for the Agricultural Research Service. Page S8533 Adopted: Gregg Amendment No. 4969 (to Amendment Cochran (for Thurmond/Hollings) Amendment No. 4959), to prohibit the use of funds to make No. 4988, to provide funding for the Cooperative loans to large processors of sugarcane and sugar State Research, Education, and Extension Service. beets, who has an annual revenue that exceeds $15 Pages S8540±41 million, unless the loans require the processors to Cochran (for Frahm) Amendment No. 4989, to repay the full amount of the loans, plus interest. make necessary reforms to the rural multifamily loan (The amendment fell when Amendment No. 4959, program of the Rural Housing Service. listed above, was tabled.) Pages S8533±34 Pages S8541±42 Withdrawn: Bumpers (for Leahy) Amendment No. 4990, to Cochran (for Smith) Amendment No. 4999, to authorize funds for the National Aquaculture Act of provide that the town of Berlin, New Hampshire, 1980. Page S8542 shall be eligible during fiscal year 1997 for a grant Bumpers (for Kerrey) Amendment No. 4991, to under the rural utilities assistance program. provide the Secretary of Agriculture authority Pages S8546±47 through fiscal year 2000 for the use of voluntary Kerrey Amendment No. 4979, to provide funds separation incentives to assist in reducing employ- for risk management. Page S8552 ment levels. Pages S8542±43 Kerrey Amendment No. 4980, to provide the Sec- Bumpers (for Kerrey) Amendment No. 4992, to retary of Agriculture temporary authority for the use provide funds for risk management, with an offset. of voluntary separation incentives to assist in reduc- Pages S8542±43 ing employment levels. Page S8552 Bumpers Amendment No. 4993, to provide funds Pending: for agricultural research. Page S8543 Bryan Amendment No. 4977, to establish funding Cochran (for Heflin) Amendment No. 4994, to limitations for the market access program. authorize funds through fiscal year 2002 for the sea- Page S8533 sonal base plan of the Agriculture and Food Act Kerrey Amendment No. 4978, to increase funding (P.L. 97–98). Page S8544 for the Grain Inspection, Packers and Stockyards Ad- Bumpers Amendment No. 4996, relating to coop- ministration and the Food Safety and Inspection erative assistance development funds. Pages S8545±46 Service. Page S8533 D790 CONGRESSIONAL RECORD — DAILY DIGEST July 23, 1996 Leahy Amendment No. 4987, to implement the recommendations of the Northern Forest Lands Committee Meetings Council. Pages S8539±40 (Committees not listed did not meet) Santorum Amendment No. 4995, to prohibit the use of funds to provide a total amount of non- recourse loans to producers for peanuts in excess of APPROPRIATIONS—TREASURY/DC $125,000. Pages S8548±50, S8552 Committee on Appropriations: Committee ordered favor- Santorum Amendment No. 4967, to prohibit the ably reported the following bills: use of funds to carry out a peanut program that is H.R. 3756, making appropriations for the Treas- operated by a marketing association if the Secretary ury Department, the United States Postal Service, of Agriculture determines that a member of the the Executive Office of the President, and certain Board of Directors of the association has a conflict Independent Agencies for the fiscal year ending Sep- of interest with respect to the program. tember 30, 1997, with amendments; and Pages S8550±52 H.R. 3845, making appropriations for the govern- A unanimous-consent agreement was reached pro- ment of the District of Columbia and other activities viding for consideration of certain amendments to be chargeable in whole or in part against revenues of proposed to the bill. Page S8582 said District for the fiscal year ending September 30, Senate will continue consideration of the bill on 1997, with amendments. Wednesday, July 24, 1996. Messages From the President: Senate received the DRUG TRAFFICKING IMPACT ON following messages from the President of the United ECONOMY States: Committee on Finance: Subcommittee on International Transmitting the report of a notice concerning the Trade held hearings in conjunction with the Caucus continuation of the Iraqi emergency; referred to the on International Narcotics Control to examine how Committee on Banking, Housing, and Urban Affairs. drug trafficking and money laundering may pose (PM–164). Page S8552 threats to United States trade and financial systems, Messages From the President: Page S8552 and efforts to combat international drug trafficking Messages From the House: Pages S8552±53 and money laundering, receiving testimony from Robert E. Rubin, Secretary, and Lawrence Summers, Measures Referred: Page S8553 Deputy Secretary, both of the Department of the Measures Placed on Calendar: Page S8553 Treasury. Communications: Page S8553 Hearings were recessed subject to call. Statements on Introduced Bills: Pages S8553±55 NOMINATION Additional Cosponsors: Pages S8555±56 Committee on Governmental Affairs: Committee began Amendments Submitted: Pages S8556±80 hearings on the nomination of Franklin D. Raines, Notices of Hearings: Page S8580 of the District of Columbia, to be Director of the Office of Management and Budget, where the nomi- Authority for Committees: Pages S8580±81 nee, who was introduced by Senators Moynihan, Additional Statements: Pages S8581±82 Murray, Gorton, and Faircloth, testified and an- Record Votes: Twenty-two record votes were taken swered questions in his own behalf. today. (Total–233) Hearings continue tomorrow. Pages S8494±S8502, S8504±09, S8532, S8534 Adjournment: Senate convened at 9:30 a.m., and INTELLIGENCE adjourned at 9:26 p.m., until 9:30 a.m., on Wednes- Select Committee on Intelligence: Committee held closed day, July 24, 1996. (For Senate’s program, see the hearings on intelligence matters, receiving testimony remarks of the Acting Majority Leader in today’s from officials of the intelligence community. Record on page S8582.) Committee will meet again tomorrow. July 23, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D791 House of Representatives by a yea-and-nay vote of 353 yeas to 65 nays, Roll Chamber Action No. 338; and Pages H8116±25, H8147±48 Bills Introduced: 17 public bills, H.R. 3867–3883; Public Health Pesticides Protection: H.R. 1627, and 1 resolution, H.J. Res. 186 were introduced. amended, to amend the Federal Insecticide, Fun- Pages H8247±48 gicide, and Rodenticide Act and the Federal Food, Reports Filed: Reports were filed as follows: Drug, and Cosmetic Act (agreed to by a yea-and-nay H.R. 3237, to provide for improved management vote of 417 yeas, Roll No. 339). and operation of intelligence activities of the Gov- Pages H8127±47, H8148 ernment by providing for a more corporate approach Iran and Libya Sanctions: Agreed to the Senate to intelligence, to reorganize the agencies of the amendment to H.R. 3107, to impose sanctions on Government engaged in intelligence activities so as persons exporting certain goods or technology that to provide an improved Intelligence Community for the 21st century, amended (H. Rept. 104–620 Part would enhance Iran’s ability to explore for, extract, II); refine, or transport by pipeline petroleum re- H.R. 2823, A bill to amend the Marine Mammal sources—clearing the measure for the President. Protection Act of 1972 to support International Dol- Pages H8125±27 phin Conservation Program in the eastern tropical Committee Membership: Pursuant to clause Pacific Ocean (H. Rept. 104–665 Part II); 4(e)(2)(D) of rule X, the Speaker pro tempore des- H.R. 1627, to amend the Federal Insecticide, ignated Representative Stokes to act as a member of Fungicide, and Rodenticide Act and the Federal the Committee on Standards of Official Conduct in Food, Drug, and Cosmetic Act, amended (H. Rept. any proceeding relating to Representative 104–669 Part II); McDermott. Page H8149 H.R. 1886, Private Bill, amended (H. Rept. Commerce, Justice, State, and the Judiciary Ap- 104–696); and propriations: The House completed general debate S. 531, A bill to authorize a circuit judge who has on H.R. 3814, making appropriations for the De- taken part in an in banc hearing of a case to con- partments of Commerce, Justice, and State, the Judi- tinue to participate in that case after taking senior ciary, and related agencies for the fiscal year ending status (H. Rept. 104–697); Page H8247 September 30, 1997. Consideration of amendments Recess: House recessed at 9:51 a.m. and reconvened will resume on Wednesday, July 24. at 10 a.m. Page H8105 Pages H8149±H8234 Committees to Sit: The following committees and Agreed To: their subcommittees received permission to sit today The Rogers amendment that provides flexibility during proceedings of the House under the 5-minute to California to use state prison grant funds, allows rule: Committees on Banking and Financial Services, economic and development administration funding Government Reform and Oversight, International to be used for trade adjustment, increases funding Relations, Judiciary, National Security, Resources, for the National Marine Sanctuaries by $1.68 million Science, and Select Intelligence. Page H8110 and decreases satellite funding accordingly, and pro- vides $2 million for the recently authorized Com- Corrections Calendar—Metric Conversion: On mission on the Advancement of Federal Law Enforce- the call of the Corrections Calendar, the House ment; Pages H8169±70 passed H.R. 2779, to provide for soft-metric conver- The Rogers amendment that provides $110.5 mil- sion. Pages H8110±16 Agreed to the Committee amendment. lion to the NIST Advanced Technology Program for the purposes of closing out commitments of the pro- Pages H8111±16 gram; Pages H8170±71 Agreed to amend the title. Page H8116 The Rogers en bloc amendment that provides $7 Suspensions: The House voted to suspend the rules million for Federal drug testing initiatives, $5 mil- and pass the following measures: lion for firefighter and emergency services training NATO Expansion: H.R. 3564, amended, to grants, and $6 million for court security (agreed to amend the NATO Participation Act of 1994 to ex- by a recorded vote of 416 ayes to 1 no, Roll No. pedite the transition to full membership in the 340); Pages H8171±73 North Atlantic Treaty Organization of emerging de- The Mollihan amendment that increases funding mocracies in Central and Eastern Europe Agreed to for the Legal Services Corporation by $109 million D792 CONGRESSIONAL RECORD — DAILY DIGEST July 23, 1996 with offsetting reductions from the Justice Depart- The Scott amendment that sought to increase Ju- ment assets forfeiture fund, Federal prison system, venile Justice Prevention program grant funding by Patent and Trademark Office, Courts of Appeals and $497.5 million and reduce Violent Offenders Incar- District Courts, State Department Diplomatic and ceration grant funding accordingly (rejected by a re- Consular Programs, Bankruptcy Review Commission, corded vote of 99 ayes to 326 noes, Roll No. 344); and the Securities and Exchange Commission (agreed Pages H8199±H8201, H8216±17 to a recorded vote of 247 ayes to 179 noes, Roll No. The Norton amendment that sought to remove 341); Pages H8176±89 the restrictions on Department of Justice funding for The Rogers substitute amendment to the Schumer abortions; and Pages H8209±10 amendment that allocates $10 million of Law En- The Hostettler amendment that sought to elimi- forcement Block Grant technology funding to anti- nate funding for the Economic Development Admin- terrorism research and development programs; istration (rejected by a recorded vote of 99 ayes to Pages H8196±99 328 noes, Roll No. 345). Pages H8210±15, H8217±18 The Schumer amendment, as amended by the Withdrawn: agreed-to Rogers substitute, that allocates funding of The Mink amendment was offered, but subse- $10 million for anti-terrorism technology; quently withdrawn, that sought to increase National Marine Fisheries funding by $760,500 for the Ha- Pages H8196±99 The Barr amendment that restricts the obligation waiian Monk Seal and Sea Turtle programs; and Pages H8231±32 of Justice Department Telecommunications Carrier The Miller of Florida amendment was offered, but Compliance funds until an implementation plan is subsequently withdrawn, that sought to allocate Na- provided to each member of the Committees on the tional Ocean Service funding of $1 million for red Judiciary and Appropriations; Pages H8203±04 tide research. Page H8233 The Molinari amendment that expresses the sense Pending: of Congress that the Drug Enforcement Agency, to- The Goss amendment that seeks to reduce Eco- gether with other appropriate Federal agencies, nomic Development Administration funding by should take actions to end the illegal importation $98.500 million. Pages H8226±28 into the United States of Rohypnol, a drug fre- quently distributed with the intent to facilitate sex- Order of Business: It was made in order that dur- ing further consideration of H.R. 3814, pursuant to ual assault and rape; Pages H8204±05 H. Res. 479 and the other of the House of July 17, The Porter amendment that allocates International 1996: the remainder of the bill be considered as Broadcasting funding of $9.3 million for grants for read; and no amendment shall be in order except for the operating costs of Radio Free Asia; the following amendments, which shall be consid- Pages H8228±31 ered as read, shall not be subject to amendment or The Traficant amendment that prohibits contracts to a demand for a division of the question in the with persons who affix a ‘‘Made in America’’ inscrip- House or in the Committee of the Whole, and shall tion, or any inscription with the same meaning, to be debatable for the time specified, equally divided any product that is not made in the United States; and controlled by the proponent and a Member op- and Page H8231 posed: amendment No. 10 by Representative The Engel amendment that increases Public Hostettler for 10 minutes; amendment by Represent- Broadcasting Facilities, Planning, and Construction ative Jackson-Lee, regarding the National Tele- funding by $5 million and reduces Patent and communications and Information Administration for Trademark Office funding accordingly. 15 minutes; amendment No. 11 by Representative Pages H8232±33 Mink for 10 minutes; amendment by Representative Rejected: Rogers, regarding NOAA for 10 minutes, amend- The Radanovich amendment that sought to in- ment by Representative Engel, regarding Public crease Drug Enforcement Agency funding by $109 Broadcasting Grants, for 10 minutes, amendment million and decrease Legal Services Corporation No. 20 by Representative Brown of California for 20 funding accordingly (rejected by a recorded vote of minutes; amendment by Representative Allard, re- 169 ayes to 254 noes, Roll No. 342); Pages H8190±92 garding the Technology Administration, for 10 min- The Schroeder amendment that sought to increase utes; amendment by Representative Goss, regarding Equal Employment Opportunity Commission fund- EDA, for 10 minutes, amendment by Representative ing by $13 million and reduce Federal Prison Sys- Porter, regarding Asia Broadcasting, for 20 minutes; tem funding accordingly (rejected by a recorded vote amendment by Representative Obey, regarding the of 159 ayes to 265 noes, Roll No. 343); ABM treaty, for 15 minutes; amendment No. 19 by Pages H8193±95, H8216 Representative Traficant for 5 minutes, amendment July 23, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D793 No. 28 by Representative Gutknecht for 20 minutes; tion, and Technology approved for full Committee amendment by Representative Deutsch, regarding action the Electronic Reporting and Streamlining COPS, for 10 minutes; amendment by Representa- Act. tive Ensign, regarding sexually explicit material in The Subcommittee also began markup of H.R. prisons, for 10 minutes; amendment No. 5 by Rep- 1907, Federal-aid Facility Privatization Act of 1995. resentative Frank for 20 minutes; amendment No. 6 Subcommittee recessed subject to call. by Representative Frank for 20 minutes, amendment No. 16 by Representative Ganske for 20 minutes; DRAFT REPORT amendment No. 17 by Representative Gekas for 20 minutes; amendment No. 33 by Representative Nor- Committee on Government Reform and Oversight: Sub- ton for 20 minutes; amendment by Representative committee on National Security, International Af- Fowler, regarding COPS, for 10 minutes; amend- fairs, and Criminal Justice, approved for full Com- ment by Representative Collins of Georgia, regard- mittee action a draft report entitled: ‘‘The Investiga- ing Federal Prison Industries, for 15 minutes; tion into the Activities of Federal Law Enforcement amendment by Representative Hutchinson, regard- Agencies Toward the Branch Davidians’’. ing deaths in prisons, for 10 minutes; and amend- ment by Representative Miller of Florida for 10 MISCELLANEOUS MEASURE minutes. Page H8215 Committee on International Relations: Subcommittee on Presidential Message—National Emergency Re Asia and the Pacific approved for full Committee ac- Iraq: Read a message from the President wherein he tion amended H. Con. Res. 189, expressing the transmits his report concerning the national emer- sense of the Congress regarding the importance of gency with respect to Iraq—referred to the Commit- the United States membership in regional South Pa- tee on International Relations and ordered printed cific organizations. (H. Doc. 104–250). Page H8234 National Commission on the Advancement of U.S. FOREIGN ASSISTANCE IN ASIA Federal Law Enforcement: The Chair announced Committee on International Relations: Subcommittee on the Speaker’s appointment of Ms. Victoria Toensig of Asia held a hearing on U.S. foreign assistance in Washington, D.C., from private life, to the National Asia. Testimony was heard from Margaret Carpenter, Commission on the Advancement of Federal Law En- Assistant Administrator, Asia and the Near East, forcement on the part of the House. Page H8234 AID, U.S. International Development Cooperation Amendments: Amendments ordered printed pursu- Agency; and public witnesses. ant to the rule appear on pages H8248–49. HUMAN RIGHTS UNDER PALESTINIAN Quorum Calls—Votes: Two yea-and-nay votes and six recorded votes developed during the proceedings AUTHORITY of the House today and appear on pages H8147–48, Committee on International Relations: Subcommittee on H8148, H8172–73, H8189, H8191–92, H8216, International Operations and Human Rights held a H8216–17, and H8217–18. There were no quorum hearing on Human Rights Under the Palestinian calls. Authority. Testimony was heard from public wit- Adjournment: Met at 9 a.m. and adjourned at nesses. 11:23 p.m. PROTECT RELIGIOUS FREEDOM Committee Meetings Committee on the Judiciary: Subcommittee on the Con- stitution held a hearing on legislation to further pro- CONDUCT OF MONETARY POLICY tect religious freedom. Testimony was heard from Committee on Banking and Financial Services: Sub- Representative Istook; and public witnesses. committee on Domestic and International Monetary Policy held a hearing on the Conduct of Monetary MISCELLANEOUS MEASURES Policy (Humphrey-Hawkins). Testimony was heard from Alan Greenspan, Chairman, Board of Gov- Committee on the Judiciary: Subcommittee on Courts ernors, Federal Reserve System. and Intellectual Property approved for full Commit- tee action the following: Federal Courts Improve- MISCELLANEOUS MEASURES ment Act; S. 533, to clarify the rules governing re- Committee on Government Reform and Oversight: Sub- moval of cases to Federal court; and S. 677, to repeal committee on Government Management, Informa- a redundant venue provision. D794 CONGRESSIONAL RECORD — DAILY DIGEST July 23, 1996 LAND CONVEYANCES GUATEMALA Committee on Resources: Held a hearing on H.R. 3061, Permanent Select Committee on Intelligence: Met in execu- to resolve certain conveyances under the Alaska Na- tive session to hold a hearing on Guatemala. Testi- tive Claims Settlement Act related to Cape Fox Cor- mony was heard from departmental witnesses. poration. Testimony was heard from Gray F. Reyn- f olds, Deputy Chief, National Forest System, USDA; and public witnesses. NEW PUBLIC LAWS OVERSIGHT (For last listing of Public Laws, see DAILY DIGEST p. D784) Committee on Resources: Subcommittee on National H.R. 3121, to amend the Foreign Assistance Act Parks, Forests and Lands held an oversight hearing of 1961 and the Arms Control Act to make im- on the Forest Service’s implementation of the Ad- provements to certain defense and security assistance ministration’s Forest Plan. Testimony was heard provisions under those Acts, and to authorize the from Representatives Herger and Riggs; James transfer of naval vessels to certain foreign countries. Lyons, Under Secretary, Natural Resources and Envi- Signed July 21, 1996. (P.L. 104–164) ronment, USDA; Nancy Hayes, Chief of Staff and f Counselor to the Acting Director, Bureau of Land Management, Department of the Interior; and public COMMITTEE MEETINGS FOR witnesses. WEDNESDAY, JULY 24, 1996 EFFECTS OF A SIX-YEAR BUDGET ON (Committee meetings are open unless otherwise indicated) CIVILIAN R&D Senate Committee on Science: Held a hearing on the Effects of Committee on Agriculture, Nutrition, and Forestry, business a Six-Year Balanced Budget on Civilian Research meeting, to mark up S. 1166, to enhance public con- and Development. Testimony was heard from James fidence in the safety of the American food supply, and fa- L. Blum, Deputy Director, CBO; and a public wit- cilitate the development and adoption of safe, effective ness. pest control technologies, 9:30 a.m., SR–328A. Hearings continue tomorrow. Committee on Banking, Housing, and Urban Affairs, Sub- committee on Financial Institutions and Regulatory Re- ANTARCTIC RESEARCH lief, to hold hearings to examine the condition of Committee on Science: Subcommittee on Basic Research consumer credit, focusing on the risks of deteriorating held a hearing on the Future of Antarctic Research. credit quality on financial institutions and the economy, Testimony was heard from Ernest Moniz, Assistant 10 a.m., SD–538. Committee on Commerce, Science, and Transportation, Sub- Director, Science, Office of Science and Technology committee on Science, Technology, and Space, to hold Policy; Cornelius Sullivan, Director, Office of Polar oversight hearings on the National Aeronautics and Space Programs, NSF; R. Tucker Scully, Director, Office of Admistration’s (NASA) space station and space shuttle Ocean Affairs, Department of State; Robin Pirie, As- programs, 9:30 a.m., SR–253. sistant Secretary, Navy, Infrastructure and the Envi- Committee on Environment and Public Works, business ronment, Department of Defense; and public wit- meeting, to consider pending calendar business; to be fol- nesses. lowed by a hearing on the nominations of Nils J. Diaz, of Florida, and Edward McGaffigan, Jr., of Virginia, each COMMITTEE BUSINESS to be a Member of the Nuclear Regulatory Commission, Committee on Standards of Official Conduct: Met in ex- 9:30 a.m., SD–406. ecutive session to consider pending business. Committee on Foreign Relations, business meeting, to con- sider pending calendar business, 10 a.m., SD–419. MEDICARE PAYMENT POLICIES Committee on Governmental Affairs, Subcommittee on Fi- Committee on Ways and Means: Subcommittee on nancial Management and Accountability, to hold hearings Health held a hearing on Issues Related to Medicare on S. 1434, to amend the Congressional Budget Act of Payment Policies for Home Health Agency and 1974 to provide for a two-year (biennial) budgeting cycle, Skilled Nursing Facility Services. Testimony was 10 a.m., SD–342. heard from Bruce C. Vladeck, Administrator, Health Full Committee, to continue hearings on the nomina- tion of Franklin D. Raines, of the District of Columbia, Care Financing Administration, Department of to be Director of the Office of Management and Budget, Health and Human Services; from the following offi- 4 p.m., SD–342. cials of the Prospective Payment Assessment Com- Committee on the Judiciary, Subcommittee on Constitu- mission: Joseph P. Newhouse, Chairman; and Don tion, Federalism, and Property Rights, to hold hearings Young, M.D., Executive Director; and public wit- on proposed legislation authorizing funds for the U.S. nesses. Commission on Civil Rights, 2 p.m., SD–226. July 23, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D795

Committee on Rules and Administration, to resume hear- withstanding that the organization enrolls Medicaid bene- ings to examine the role of the Federal Depository Library ficiaries residing in another county; the Developmental Program of the Government Printing Office in ensuring Disabilities Assistance and Bill of Rights Act of 1996; public access to Government information, 9:30 a.m., and a measure to extend certain programs under the En- SR–301. ergy Policy and Conservation Act through September 30, Committee on Small Business, to hold oversight hearings 1996, 10 a.m., 2123 Rayburn. on implementation of the Small Business Regulatory En- Committee on Economic and Educational Opportunities, to forcement Fairness Act, 3 p.m., SR–428A. mark up H.R. 123, Language of Government Act of Committee on Veterans’ Affairs, business meeting, to 1995, 10:30 a.m., 2175 Rayburn. mark up S. 1791, to increase, effective as of December Committee on International Relations, to mark up the fol- 1, 1996, the rates of disability compensation for veterans lowing: H.R. 3846, to amend the Foreign Assistant Act with service-connected disabilities and the rates of de- of 1961 to authorize the provision of assistance for micro- pendency and indemnity compensation for survivors of enterprises; a measure to provide severance payments to such veterans, and other pending committee business, 10 employees of the Agency for International Development a.m., SR–418. who voluntarily resign; and H.R. 3735, to amend the Committee on Indian Affairs, business meeting, to mark Foreign Assistance Act of 1961 to reauthorize the Devel- up S. 199, Trading with Indian Act Repeal, S. 1893, the opment Fund for Africa under chapter 10 of part I of that Torres-Martinez Desert Cahuilla Indians Claims Settle- Act, 10 a.m., 2172 Rayburn. ment Act, S. 1962, the Indian Child Welfare Act Committee on the Judiciary, Subcommittee on Commer- Amendments, H.R. 2464, to add additional land to the cial and Administrative Law, oversight hearing on the Goshute Indian Reservation in Utah, H.R. 3068, to re- U.S. Trustee Program, 10 a.m., 2226 Rayburn. voke the Charter of the Prairie Island Indian Community, Subcommittee on the Constitution, oversight hearing S. 1970, the National Museum of the American Indian on the U.S. Commission on Civil Rights, 10 a.m., 2237 Act Amendments, S. 1972, the Older Americans Indian Rayburn. Technical Amendments Act, and S. 1973, the Navajo/ Subcommittee on Crime, hearing on the Administra- Hopi Land Dispute Settlement Act, 9:30 a.m., SR–485. tion’s efforts against the influence of organized crime in Select Committee on Intelligence, to hold hearings on the the Laborer’s International Union of North America, 9:30 status of the Dayton Peace Accord, 9:30 a.m., SH–216. a.m., 2141 Rayburn. Committee on Resources, to hold an oversight hearing on House implementation of the Endangered Species Act with re- Committee on Agriculture, Subcommittee on Risk Man- gard to Section 10(a) permits (Habit Conservation Plan) agement and Specialty Crops and the Subcommittee on and other incentives, 2 p.m., 1324 Longworth. General Farm Commodities, joint hearing to review cash Subcommittee on Native American and Insular Affairs, market forward contracts between producers and mer- oversight hearing on territorial technical matters, and to chants, commonly known as hedge-to-arrive contracts, discuss H.R. 3721, Omnibus Territories Act, 2 p.m., 9:30 a.m., 1300 Longworth. 1334 Longworth. Committee on Banking and Financial Services, Subcommit- Committee on Rules, to Consider H.R. 2391, Working tee on Capital Markets, Securities and Government Spon- Families Flexibility Act of 1996, 2:30 p.m., H–313 Cap- sored Enterprises, oversight hearing on Fannie Mae and itol. Freddie Mac, 10 a.m., 2128 Rayburn. Subcommittee on Rules and Organization of the House Committee on Commerce, to mark up the following bills: and the Subcommittee on Legislative and Budget Process, H.R. 3553, Federal Trade Commission Reauthorization joint hearing on Building on Change: Preparing for the Act of 1996; H.R. 447, to establish a toll free number 105th Congress, 9:30 a.m., H–313 Capitol. in the Department of Commerce to assist consumers in Committee on Science, to continue hearings on the Effects determining if products are American-made; H.R. 2579, of a Six-Year Balanced Budget on Civilian Research and United States National Tourism Organization Act of Development, Part II, 10 a.m., 2318 Rayburn. 1996; H.R. 2976, Patient Right to Know Act of 1996; Subcommittee on Space and Aeronautics, hearing on a measure to waive temporarily the Medicaid enrollment Space Commercialization Promotion Act of 1996, 2 p.m., composition rule for certain health maintenance organiza- 2325 Rayburn. tions; H.R. 3056, to permit county-operated health insur- Committee on Small Business, Subcommittee on Govern- ing organization to qualify as an organization exempt ment Programs, hearing on the FDA’s compliance with from certain requirements otherwise applicable to health the Paperwork Reduction Act of 1995, 10 a.m., 2359 insuring organizations under the Medicaid program not- Rayburn. D796 CONGRESSIONAL RECORD — DAILY DIGEST July 23, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, July 24 10 a.m., Wednesday, July 24

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Complete consideration of ation of H.R. 3603, Agriculture Appropriations. H.R. 3814, Commerce, Justice, State and the Judiciary Appropriations Act for FY 1997 (open rule, 1 hour of general debate); and Consideration of H.R. 3816, Energy and Water Devel- opment Appropriations Act for FY 1997 (open rule, 1 hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Gilman, Benjamin A., N.Y., E1351 Pallone, Frank, Jr., N.J., E1350 Jacobs, Andrew, Jr., Ind., E1347 Rahall, Nick J., II, W. Va., E1352 Clinger, William F., Jr., Pa., E1349 Kennedy, Joseph P., II, Mass., E1349 Roth, Toby, Wis., E1348 Coleman, Ronald D., Tex., E1351 Kim, Jay, Calif., E1347 Skelton, Ike, Mo., E1347 Condit, Gary A., Calif., E1345 Klink, Ron, Pa., E1351 Solomon, Gerald B.H., N.Y., E1350 English, Phil, Pa., E1350 LaFalce, John J., N.Y., E1349 Talent, James M., Mo., E1346 Filner, Bob, Calif., E1351 Lewis, Jerry, Calif., E1348 Gallegly, Elton, Calif., E1346 Moran, James P., Va., E1350

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