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

Vol. 144 WASHINGTON, TUESDAY, OCTOBER 20, 1998 No. 150 of Representatives The House met at 12:30 p.m. and was alternate recognition between the par- or 5 o’clock and probably make the called to order by the Speaker pro tem- ties, with each party limited to 30 min- vote around 6:30 or 7 o’clock Eastern pore (Mr. HEFLEY). utes, and each Member, except the ma- Standard Time, and this Member of f jority leader, the minority leader, or Congress has not seen the report yet. I DESIGNATION OF SPEAKER PRO the minority whip, limited to 5 min- have called a number of my other col- TEMPORE utes. leagues and they have not seen the re- The Chair recognizes the gentleman port yet. The report is not out. The SPEAKER pro tempore laid be- from Nebraska (Mr. CHRISTENSEN) for 5 We are going to vote on a $500 billion fore the House the following commu- minutes. nication from the Speaker: omnibus spending package, something f that we have worked a year on, some WASHINGTON, DC, October 20, 1998. DISAPPOINTMENT OVER OMNIBUS have worked longer than that, and we I hereby designate the Honorable JOEL SPENDING PACKAGE have not even seen the work product HEFLEY to act as Speaker pro tempore on Mr. CHRISTENSEN. Mr. Speaker, I yet. this day. come to the today to express my The Republican cloakroom has put NEWT GINGRICH, out the spin and the Republican Con- Speaker of the House of Representatives. disappointment in the bill that we are f going to be voting on. The omnibus bill ference has put out our spin on why that will be brought up on the floor this is a great win for the American MORNING HOUR DEBATES later today has over 4,000 pages in it people. Well, I do not think it is too The SPEAKER pro tempore. Pursu- and over 2,500 pages of actual budgets hard to figure out that when the Demo- ant to the order of the House of Janu- that are going to be hopefully debated crats, the President, the Vice Presi- ary 21, 1997, the Chair will now recog- a little bit today. dent, the party, is gloating about their nize Members from lists submitted by But, you know, it is now 12:30 p.m. great win, and then we come and say the majority and minority leaders for Washington, DC, time. We will be tak- that we won also, something just does morning hour debates. The Chair will ing up this debate sometime around 4 not figure.

N O T I C E If the 105th Congress adjourns sine die on or before October 21, 1998, a final issue of the Congressional Record for the 105th Congress will be published on October 28, 1998, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates ( HT±60 or S±123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through October 27. The final issue will be dated October 28, 1998, and will be delivered on Thursday, October 29. If the 105th Congress does not adjourn until a later date in 1998, the final issue will be printed at a date to be an- nounced. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Records@Reporters''. Members of the House of Representatives' statements may also be submitted electronically on a disk to accompany the signed statement and delivered to the Official Reporter's office in room HT±60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512±0224, be- tween the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. JOHN W. WARNER, Chairman.

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.

H11551

. H11552 CONGRESSIONAL RECORD — HOUSE October 20, 1998 When I came here in 1994, we came money, you would think that our lead- prisoners around the world. I urge my here as part of a group of people that ership, who professed to be the conserv- colleagues to join us in this effort. believed in fiscal restraint; believed atives leading this revolution, could that the government had spent too stand tough within that budget cap and f much of our money. We believed that stay true to the commitment that we Congress had gone awry of what the came to and came here for in 1994. We REMARKS ON THE OMNIBUS American people had sent it to do. have failed in this process. BUDGET COMPROMISE We promised a number of things. You f will remember back in the Contract The SPEAKER pro tempore. Under with America we promised to balance COMMUNIST VIETNAM RELEASES the Speaker’s announced policy of Jan- the budget, which we have done; we 80-YEAR-OLD BUDDHIST MONK uary 21, 1997, the gentleman from Mis- promised to overhaul the welfare sys- The SPEAKER pro tempore. Under sissippi (Mr. TAYLOR) is recognized dur- tem, which we have done; we went the Speaker’s announced policy of Jan- ing morning hour debates for 5 min- through that Contract with America, uary 21, 1997, the gentlewoman from utes. and the American people were proud of (Ms. SANCHEZ) is recognized Mr. TAYLOR of Mississippi. Mr. what was accomplished. during morning hour debates for 5 min- Speaker, I want to begin by commend- I just returned back from Omaha utes. ing the gentleman from Nebraska (Mr. today, and I have to tell you that the Ms. SANCHEZ. Mr. Speaker, this CHRISTENSEN) for his remarks. As a people in my district, the Second Con- year I joined the gentleman from Vir- member of the other political party, I gressional District of Nebraska, are ginia (Mr. DAVIS) and the gentlewoman would like to join him in really con- very disappointed. They are very dis- from California (Ms. LOFGREN) in es- demning what the leadership on both appointed with the Congress, with the tablishing the formation of the ‘‘Adopt the minority and majority side are try- leadership. They are disappointed with a Voice of Conscience in Vietnam Cam- ing to do to the 435 elected representa- the fact that we could not pass a budg- paign’’ in this House of Representa- tives of the people. et bill that stayed within the caps. tives. Mr. Speaker, all across our country, This bill is $20 billion over the budget We established this task force to people hire tax accountants to help caps. them make sure that they are not vio- There are a number of measures in bring attention to the human rights violations in Vietnam and to generate lating any laws. You can imagine how this bill that are now called ‘‘emer- aghast they would be if when it came gency funded,’’ emergency spending pressure for the release of all prisoners who have been in house arrest, in pris- time to submit that form, the account- priority items. I talked with my staff ant told them they had never actually and said, why do we not just declare on or in other forms of detention. As Members of Congress, it is our respon- looked at the information that they the whole budget emergency, because had given them. that is basically what it is. Things sibility to highlight what is going on in People hire lawyers from time to have been thrown in at the last mo- Vietnam against religion and freedom ment, items that nobody in this Con- of speech. time to help them with contracts, and, gress has seen yet. I think when it We need to focus the public attention again, you can imagine walking into comes out into the full light, we are on Vietnam’s repression against free- negotiations and at the last minute going to be very disappointed with a dom of expression so that it becomes a your lawyer saying well, he has not lot of projects that have been thrown part of the United States policy to- quite bothered to read it; or having a in at the very last moment. wards communist Vietnam. With Mem- purchasing agent who works for you The main paper in my district, the bers of Congress adopting prisoners, we who on a daily basis is signing forms Omaha World-Herald, ran an editorial can successfully advocate for religious for tens of thousands of dollars or hun- cartoon on Sunday which I thought prisoners suffering persecution at the dreds of thousands of dollars, but who was quite amusing. It is a picture of an hands of this Vietnamese government. never bothered to see what he was real- elephant. It has the GOP leadership on Well, Mr. Speaker, we now have evi- ly signing for and spending your money that elephant. It is in a chiropractor’s dence that our efforts are working. On on. office, and the chiropractor is saying, September 2, the Government of Viet- Starting Friday at 9:30, the great ‘‘I believe I have discovered the prob- nam released over 5,000 political and young people who help me in my Con- lem with your spine—you don’t have religious prisoners. Included in the re- gressional office started calling and one.’’ lease was Mr. Tran Huu Duyen, a Bud- asking for copies of this 4,000-page doc- Folks, that is what has happened to dhist monk who is a member of the ument that is going to spend over one- the conservative movement back here, Hoa Hao Buddhist Church located in half of a trillion, that is $500 billion, of when we pass a bill that is $20 billion my district. I have been notified that the citizens’ hard-earned money. They over the caps that has projected spend- he is now at in Vietnam with his have been calling about every hour ing programs in there that the 1994 family, but in very poor health. since then. class would not have agreed to. And I Well, what crimes did he commit to As of right now, 20 minutes to 1, a do not know where we get off on the have spent the last two decades in pris- copy of this document is still not avail- idea that we can come in here, pass a on? After the communist takeover, Mr. able. Yet the Democratic leadership $500 billion-plus spending program, not Huu was arrested and charged with and the Republican leadership are have an opportunity to look at the bill, plotting to overthrow the People’s going to tell us to trust them, just go not have an opportunity to examine all Government and for participating in a ahead and vote for it. the various programs that have been political party that was affiliated with One of the people who is asking us to thrown in there, and say to the Amer- his church. Despite his 78 years of age, trust them is now being studied to see ican people at a 4 o’clock rally today, he was forced to do hard labor eight if he committed perjury. Another of ‘‘This is a great product. You should be hours a day. the people who says ‘‘trust us’’ admit- proud of this product, because we have By adopting these prisoners, Mem- ted lying to the Committee on Stand- passed it for you, the American peo- bers of Congress can generate constant ards of Official Conduct. That is not a ple.’’ That is not what this Congress- pressure on the Vietnamese authorities very good place to start. man came to Washington to do. to release those who really have been Every Member of this body was elect- I know there is a lot of compromise detained for no reason, just because ed. Not one of us was given this job. We that must go on between the leader- they choose to speak up against this had to go out and ask for it. Most of us ship, between the Senate and the government or just because they want went out and begged for it. We mort- House, the majority and minority lead- to practice their religion. gaged our , we sold those things ers. But at a time when we are dealing This is an important date for all we really did not need and put our- with a weakened President, at a time American-Vietnamese citizens, and it selves in financial jeopardy because we when the American people have said represents another major step in the wanted to come here and make things enough of overspending the taxpayers’ fight to provide liberty to all political better. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11553 But now we are being given the op- last day’s proceedings and announces Rules of the U.S. House of Representatives, tion of either taking a half a trillion to the House his approval thereof. the Clerk received the following message dollars worth of spending that does Pursuant to clause 1, rule I, the Jour- from the Secretary of the Senate on Tues- some good things, but we do not know nal stands approved. day, October 20, 1998 at 10:30 a.m. ‘‘that the what else it does. Senate Passed without amendment, H.J. Res. f 137’’. My friend from Nebraska mentioned With warm regards, the Welfare Reform Act. There is no PLEDGE OF ALLEGIANCE ROBIN H. CARLE, one that can tell me with great cer- The SPEAKER pro tempore. Will the Clerk. tainty that this bill does not repeal it. gentleman from New York (Mr. SOLO- f We do not know if it establishes all MON) come forward and lead the House new criteria for gun control. We do not in the Pledge of Allegiance. ANNOUNCEMENT BY THE SPEAKER know if it says on a permanent basis Mr. Solomon led the Pledge of Alle- PRO TEMPORE that we are going to have troops in giance as follows: Haiti or Bosnia forever. We do not I pledge allegiance to the Flag of the The SPEAKER pro tempore. The know what kind of trade pacts are bur- United States of America, and to the Repub- Chair desires to announce that pursu- ied in there, because, quite frankly, lic for which it stands, one nation under God, ant to clause 4 of rule I, the Speaker there is not one copy of this bill that indivisible, with liberty and justice for all. pro tempore signed the following joint 435 Congressmen are being asked to f resolution on Tuesday, October 20, 1998: vote on available for any of us to read. H.J. Res. 137, making further continuing Mr. Speaker, I take my job very seri- MESSAGE FROM THE SENATE appropriations for the fiscal year 1999 and for ously. I begged for it. When we get A message from the Senate by Mr. other purposes. through with this, I am going to go Lundregan, one of its clerks, an- f back home and beg for it again. I am nounced that the Senate had passed not going to give my responsibility without amendment bills of the House away. I am going to vote no. Until DISPENSING WITH CALL OF of the following titles: PRIVATE CALENDAR TODAY there is a copy of that bill that is H.R. 633. An act to amend the Foreign available for the Members to and Service Act of 1980 to provide that the annu- Mr. REDMOND. Mr. Speaker, I ask have some idea and some certainty as ities of certain special agents and security unanimous consent to dispense with to what we are doing to and for the personnel of the Department of State be the call of the Private Calendar today. American people, I am going to con- computed in the same way as applies gen- The SPEAKER pro tempore. Is there tinue to vote no. erally with respect to Federal law enforce- objection to the request of the gen- ment officers, and for other purposes. f H.R. 3633. An act to amend the Controlled tleman from New Mexico? There was no objection. RECESS Substances Import and Export Act to place limitations on controlled substances brought The SPEAKER pro tempore. Pursu- into the United States. f ant to clause 12 of rule I, the Chair de- H.R. 4501. An act to require the Secretary clares the House in recess until 2 p.m. of Agriculture and the Secretary of the Inte- PROVIDING FOR CONSIDERATION Accordingly (at 12 o’clock and 44 rior to conduct a study to improve the access OF S. 1132, BANDELIER NATIONAL minutes p.m.), the House stood in re- for persons with disabilities to outdoor rec- MONUMENT ADMINISTRATIVE reational opportunities made available to cess until 2 p.m. IMPROVEMENT AND WATERSHED the public. PROTECTION ACT OF 1998 AND S. f The message also announced that the 2133, PRESERVATION OF THE b 1400 Senate had passed with amendments in ROUTE 66 CORRIDOR which the concurrence of the House is AFTER RECESS requested, bills of the House of the fol- Mr. SOLOMON. Mr. Speaker, by di- lowing titles: rection of the Committee on Rules, I The recess having expired, the House call up House Resolution 604 and ask was called to order by the Speaker pro H.R. 2070. An act to amend title 18, United for its immediate consideration. tempore (Mr. LATOURETTE) at 2 p.m. States Code, to provide for the testing of cer- tain persons who are incarcerated or ordered The Clerk read the resolution, as fol- f detained before trial, for the presence of the lows: human immunodeficiency virus, and for PRAYER H. RES. 604 other purposes. The Chaplain, Reverend James David H.R. 4283. An act to support sustainable Resolved, That upon the adoption of this Ford, D.D., offered the following and broad-based agricultural and rural devel- resolution it shall be in order without inter- prayer: opment in sub-Saharan Africa, and for other vention of any point of order to consider in purposes. the House the bill (S. 1132) to modify the At a time when there is so much that boundaries of the Bandelier National Monu- The message also announced that the must be accomplished, we take this ment to include the lands within the head- moment for prayer and reflection, for Senate had passed a concurrent resolu- waters of the Upper Alamo Watershed which thanksgiving and praise. We are grate- tion of the following title, in which the drain into the Monument and which are not ful, O God, for the blessings that have concurrence of the House is requested: currently within the jurisdiction of a Fed- come to us and to our land. Through S. Con. Res. 129. Concurrent resolution to eral land management agency, to authorize days of celebration and achievement correct a technical error in the enrollment of purchase or donation of those lands, and for and at times of challenge and struggle, H.R. 3910. other purposes. The bill shall be considered You have encouraged us to live our f as read for amendment. The previous ques- lives in grateful response to Your gifts tion shall be considered as ordered on the bill to final passage without intervening mo- by doing those good deeds that honor COMMUNICATION FROM THE CLERK OF THE HOUSE tion except: (1) one hour of debate on the bill You and serve people with justice and equally divided and controlled by the chair- mercy. The SPEAKER pro tempore laid be- man and ranking minority member of the The Lord bless us and keep us, the fore the House the following commu- Committee on Resources; and (2) one motion Lord make His face shine upon us and nication from the Clerk of the House of to recommit. be gracious unto us, the Lord lift up Representatives: SEC. 2. Upon the adoption of this resolution His countenance upon us and give us OFFICE OF THE CLERK, it shall be in order without intervention of peace. Amen. HOUSE OF REPRESENTATIVES, any point of order to consider in the House Washington, DC, October 20, 1998. the bill (S. 2133) an act to preserve the cul- f Hon. NEWT GINGRICH, tural resources of the Route 66 corridor and THE JOURNAL The Speaker, House of Representatives, to authorize the Secretary of the Interior to Washington, DC. provide assistance. The bill shall be consid- The SPEAKER pro tempore. The DEAR MR. SPEAKER: Pursuant to the per- ered as read for amendment. The previous Chair has examined the Journal of the mission granted to Clause 5 of Rule III of the question shall be considered as ordered on H11554 CONGRESSIONAL RECORD — HOUSE October 20, 1998 the bill to final passage without intervening Nevertheless, both these bills did re- I have been here for, for the last 20 motion except: (1) one hour of debate on the ceive the support of a majority of the years, legislation like this passes back bill equally divided and controlled by the House. Consequently, this rule allows and forth between the two Houses, and chairman and ranking minority member of the House to consider these bills under that is what is happening here today. It the Committee on Resources; and (2) one mo- tion to recommit. a regular order procedure that will is absolutely regular order. most efficiently get them to the Presi- Mr. Speaker, I yield such time as he The SPEAKER pro tempore. The gen- dent’s desk for signature in the waning may consume to the gentleman from tleman from New York (Mr. SOLOMON) days of this Congress, and might I say New Mexico (Mr. REDMOND), an out- is recognized for 1 hour. the waning day of this House of Rep- standing relatively new Member of this Mr. SOLOMON. Mr. Speaker, for pur- resentatives. This should be the last body, but he has certainly left his poses of debate only, I yield half our day that we are going to be meeting on mark in such a short time and we ad- time, 30 minutes, to the gentleman legislation. mire him. from Ohio (Mr. ), pending which I Mr. Speaker, considering Senate bills Mr. REDMOND. Mr. Speaker, I thank yield myself such time as I may con- in an expeditious manner at the end of the gentleman from New York for sume. During consideration of this res- a session of Congress is a common yielding to me this time to speak in olution, all time yielded is for the pur- House practice. This rule will help the favor of this rule. pose of debate only. 105th Congress to expeditiously con- I rise in support of the rule for S. Mr. Speaker, this resolution is a clude its work, and I urge adoption by 1132, the Bandelier National Monument straightforward rule providing for the the House of both the rule and the two Administration Improvement and Wa- consideration of two Senate bills that bills that it does make in order. tershed Protection Act, and I urge the are pending now before the House. Mr. Speaker, I reserve the balance of support of my colleagues on this legis- First, the resolution provides for con- my time. lation. sideration in the House, without inter- Mr. HALL of Ohio. Mr. Speaker, I The Bandelier National Monument vention of any point of order, of S. 1132, yield myself such time as I may con- was established by the President on the Bandelier National Monument Ad- sume, and I wish to thank the gen- February 11, 1916 to preserve the ar- ministrative Improvement and Water- tleman from New York (Mr. SOLOMON), cheological resources of a vanished shed Protection Act of 1998. the chairman of the Committee on people, with as much land as may be The rule provides 1 hour of debate Rules, for yielding me this time. necessary for the proper protection equally divided and controlled by the Mr. Speaker, this is a closed rule. It thereof. At various times since the es- chairman and ranking minority mem- will allow for consideration of two res- tablishment of the monument, the Con- ber of the Committee on Resources, olutions, one is S. 1132, the Bandelier gress and the President have adjusted and the rule also provides for one mo- National Monument Administration the boundaries and purpose of the tion to recommit on this bill. Improvement and Watershed Protec- monument to further preservation of Secondly, the rule provides for the tion Act of 1998, and S. 2133, which is the archeological and natural resources consideration in the House, again with- called the Route 66 Preservation Act. within the monument. out intervention of any point of order, As my colleague from New York has S. 1132 was introduced by Senator of S. 2133, the Preservation of the described, this rule provides for 1 hour BINGAMAN in the Senate. This bill will Route 66 Corridor. of general debate to be equally divided expand the boundaries of Bandelier Na- The rule also provides 2 hours of de- and controlled by the chairman and the tional Monument, located in northern bate on that bill equally divided and ranking minority member on the Com- New Mexico, next to the Santa Fe Na- controlled by the chairman and rank- mittee on Resources. No amendments tional Forest. ing member of the Committee on Re- will be in order under this very closed With passage of S. 1132, the State of sources. rule. New Mexico will see approximately 900 Finally, the rule provides one motion Mr. Speaker, on the last day the acres of expansion of the Bandelier Na- to recommit on the second bill as well. House will be in session in the 105th tional Monument, one of the oldest na- Mr. Speaker, S. 1132, Bandelier Na- Congress, once again we are asked to tional monuments in the United tional Monument Administrative Im- vote on measures for which there have States. The National Park Service will provement and Watershed Protection been no House hearings, no committee be able to fulfill a long-time goal to ac- Act of 1998, was introduced by Senator reports, and without any opportunity quire the Alamo Headwaters and to BINGAMAN on July 31, 1997, was re- to perfect these bills on the House protect the watershed from any up- ported by the Senate Committee on floor. stream contamination. Energy and Natural Resources on April My objection to this rule is more on S. 1132 expands Bandelier National 19 of this year, and was adopted by the process than substance. The Route 66 Monument to include the lands often Senate on July 17, 1998. Corridor bill is controversial, should known as Elk Meadows within the Likewise, S. 2133, the Preservation of not be coming up under a closed rule headwaters of the upper Alamo Water- the Route 66 Corridor, was introduced without House hearings or committee shed which drains into the Monument, by Senator DOMENICI on June 4 of this markup or committee report. There are but which are not currently within the year, was reported by the Senate Com- several uncontroversial bills that the jurisdiction of the Federal Land Man- mittee on Energy and Natural Re- Committee on Resources has consid- agement Agency because they cur- sources on September 25, last month, ered and approved and these bills are rently reside on privately owned land. and passed the Senate on October 9, not being brought to the House floor. This bill has both bipartisan and bi- just a couple of weeks ago. The two bills we are taking up today, cameral support. The Senate support of Mr. Speaker, both these Senate bills including one which is controversial, S. 1132 was the result of efforts of both were considered by the House last week should not be given this special treat- Senator DOMENICI and Senator BINGA- under the suspension of the rules pro- ment. MAN. S. 1132 passed the Senate with cedure. That is a procedure where we Mr. Speaker, I reserve the balance of unanimous consent. bring noncontroversial legislation to my time. S. 1132 will authorize the National the floor and, instead of requiring a Mr. SOLOMON. Mr. Speaker, I yield Park Service to purchase approxi- majority vote of 50 percent plus one, it myself such time as I may consume to mately 900 acres from a willing seller requires two-thirds to pass, because it say that there is no one I have greater located adjacent to Bandelier. This is being brought under a special proce- respect for than the gentleman from land is an inholding within the Santa dure. However, both of these bills, Ohio, but I would just say that I think Fe National Forest. It makes sense to which have bipartisan support in both he protests too much. add it to the Federal inventory of prop- Chambers, failed to achieve the nec- These bills do have committee re- erty. essary two-thirds support of the House ports. There were hearings held in the There is no doubt in my mind that if required under that procedure. There Senate. They are relatively non- the Federal Government does not pur- were some 50 Members missing on that controversial and, as everyone knows, chase this land at this time, it will be particular day. in the waning days of any session that developed and the protection of the October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11555 monument watershed will be lost for- 66 has deep roots in American culture bill of Senator DASCHLE, not the bill of ever. If this bill does not pass this year, and protection of this is very impor- Senator LANDRIEU. None of them. Just then the National Park Service will tant. Republican bills for vulnerable incum- not be able to use the money appro- Mr. HALL of Ohio. Mr. Speaker, I bents. Does anyone doubt that politics priated in the omnibus bill that Con- yield 5 minutes to the gentleman from is at work here? gress will pass later this week. This is California (Mr. MILLER), who is the Let us look at the bill of the gentle- money for the purchase of the land ranking minority member on the Com- woman from the Virgin Islands (Ms. called Elk Meadows. mittee on Resources. CHRISTIAN-GREEN), a bill that affects S. 1132 will allow the National Park Mr. MILLER of California. Mr. only her district that was approved Service to readjust the boundaries of Speaker, I thank the gentleman for unanimously by the Committee on Re- the Bandelier around Elk Meadows, yielding. sources, a bill without any known con- and to take in the watershed north of Mr. Speaker, I rise in opposition to troversy. I have asked no fewer than the Monument for protective purposes. this rule because, once again, the Re- five times that this noncontroversial This bill should be noncontroversial. publican majority is misusing the pro- bill be brought before the House and The National Park Service fully sup- cedures of this House to deny the each time I am told that it cannot be ports this. Members on the other side Democratic Members an opportunity to considered, that it is out of our hands of the aisle should support this bill in- participate fully in the legislative at the Committee on Resources. Whose troduced by a Senator from their own process, which is our right. hands is it in? We do not know. No one party. The residents of the region are Last week the House voted down two will say. very supportive of this bill. resources bills that are now back be- Lo and behold, yesterday a story ap- Currently, Bandelier’s boundaries fore us today. These bills have only pears in the Virgin Islands Daily News tend to ignore the natural geographic been recently introduced. They have quoting a Republican staffer of the features, particularly on the western never had hearings. They have never Committee on Resources who denies side that cuts across the mid-water- been subjected to review by the Com- that there has been any effort to block shed of the Alamo Canyon. mittee on Resources, and they have consideration of the bill of the gentle- In March 1997, the Sandoval County never been debated or marked up. woman from the Virgin Islands (Ms. Commission approved a subdivision on So this House is being called upon to CHRISTIAN-GREEN). He claims delays Elk Meadows of an approximately 90 vote to spend nearly $20 million on are common at the end of session. He private acre parcel that straddles the projects that we have never reviewed. conveniently ignored that our commit- headwaters. That development will be They may be good. They may be waste- tee passed over 30 bills last week, many inevitable if this bill does not pass. De- ful. We do not know. of them having received less consider- velopment in what may be considered The proponents of these bills never ation than the committee-approved bill to be an environmentally and eco- asked for a hearing. Or if they did, they of the gentlewoman from the Virgin Is- logically sensitive area would perma- never got them. They certainly did not lands (Ms. CHRISTIAN-GREEN). nently seriously disturb the Bandelier make a case for these bills. Now, at the What we are seeing is a stealth effort Wilderness Area. last hour, we are told we have to pass to kill Democratic bills while trying to them, without full debate, without any pass unknown and expensive legisla- b 1415 amendment, without questions being tion simply to benefit marginal Repub- The National Park Service’s rec- answered. Why? Because everyone in lican Members. This House should not ommendations for fixing these prob- this Chamber knows, for election rea- do that. lems are two. One, expand the Ban- sons, pure and simple. We should oppose these rules because delier boundary to include the Alamo Once again, the Republican leader- they are designed simply to silence the headwaters and, two, acquire the title ship of the Committee on Resources minority, deliver election year favors to the land to include the adjacent and the House is demanding that only to vulnerable Republicans. We should boundary. Republican-sponsored bills be allowed oppose these rules because they are an Under current law, the U.S. Forest to come to the House floor. When they attempt to misuse the rules of this Service has blanket authority to pur- tried this tactic two weeks ago, the House to prevent full consideration of chase lands outside the Forest Service House overwhelmingly defeated their this legislation at last hour and to pre- boundaries in every state except New Omnibus Parks bill. And then we did vent any Member of this House from Mexico and Arizona. That is why the what we should have done in the first offering an amendment to approve boundaries are needed to be changed place. We negotiated out an agreement these bills. We should oppose these legislatively before the purchase can where an equitable number of Demo- rules because they disenfranchise the take place. S. 1132 would make the nec- cratic and Republican bills were entire Democratic Caucus of this essary boundary adjustment and au- passed. House. thorize the purchase of land. Now the Republican leadership is des- This action does not suspend the Mr. Speaker, I would also like to perate to enhance the image of the vul- rules, as they tried last week, but it speak in favor of the Route 66 compo- nerable Members with terrible environ- does bend the rules to play partisan nent of this rule. I think it is impor- mental voting records who did not do politics with taxpayers’ money. We tant for us to understand that Route 66 their jobs to get these bills considered should vote no on the rules and we is very important to the culture of in the normal procedure. These rules should vote no on the bills. America. Long before the information let them steamroll this House into Mr. SOLOMON. Mr. Speaker, I yield superhighway came about, there was passing legislation that was never con- myself such time as I may consume. an American superhighway. It was sidered by any subcommittee or com- I am going to retire at the end of this called Route 66. Just mentioning its mittee of the House. year, after 20 years in this House, and name invoked the restless American And what of the promises of fair the one thing I will not miss about this spirit of exploration and adventure and treatment? Request after request for body, although I will miss almost ev- yet it linked America together. consideration of Democratic sponsored erything else, is statements like my I cannot help but think of Route 66 bills, bills that have passed the com- good friend and nextdoor neighbor in without thinking of the words to the mittee, that have passed the Senate, the second floor of Rayburn, when he song from Woodie Guthrie as he states, just like the two we are presenting stands up here and he criticizes Repub- ‘‘I roamed and rambled and followed here today, are ignored. We are told licans for bringing these bills up in a my footsteps through the sparkling the Democratic bills we have requested political way on the last day of the ses- sands of her diamond desert, and all cannot be considered. Not the bill of sion. He says we are doing it to help around me the voice kept saying ‘this the gentlewoman from the Virgin Is- marginal Republicans. land was made for you and me.’ ’’ lands (Ms. CHRISTIAN-GREEN), not the Well, first of all, Senator BINGAMAN, Route 66 is that land that was de- bill of the gentleman from Texas (Mr. last I knew, was not a Republican. He scribed by John Steinbeck in the novel REYES), not the bill of the gentleman is a Democrat. He is not marginal. And ‘‘The Grapes of Wrath.’’ Truly, Route from Texas (Mr. RODRIGUEZ), not the he wants this bill. He has asked for it. H11556 CONGRESSIONAL RECORD — HOUSE October 20, 1998

Senator DOMENICI is a Republican in ing from Chicago all the way down to to have had you show it on television. I am the other body. He certainly is not Los Angeles, and it is firmly rooted in very glad to get part of my education here at marginal. And he is an outstanding Americana. Route 66. It is historical, you know. I believe Almost every child in America who that this school will go on for generations. I Member and he wants this bill. think a good education is very important, es- We are doing exactly what the Demo- studies English in high school reads pecially if you want to be something, like a crats did for 40 years on the last days ‘‘The Grapes of Wrath,’’ where John computer technician, a teacher or an astro- of the session. Only this time we are Steinbeck writes Highway 66 is the mi- naut. People use their school education all bringing two bills before the House grant road; 66, the long concrete path the time, even us kids. That is why I think that did pass the House with a major- across the country, weaving gently up everyone deserves a good education. Route 66 ity vote, not with two-thirds as re- and down on the map from the Mis- is very important to me. It is old, but it is in quired under suspension, because 50- sissippi to Bakersfield, over the red very good shape. I would like to thank you for supporting us and good luck. some Members were missing that day. lands and the gray lands, twisting up And now we are bringing the bills up into the mountains crossing the divide Unlike today’s interstate highways, and that is the way it should be, and I and down into the bright and terrible Route 66 is a collection of roads, tied am very proud to have done it. desert, and across the desert to the together by highway signs. It is a Over here we have two outstanding mountains again and into the rich Cali- means to an end and a bona fide des- Members, one I spoke of, the gen- fornia valleys. 66 is the path of a people tination in itself. It is now decommis- tleman from New Mexico (Mr. in flight, refugees from dust and sioned but it remains a preferred means of travel for those who want to REDMOND) and how he is one of the shrinking land, from the thunder of get a little bit off the beaten path. Re- most highly respected Members. He re- tractors and shrinking ownership, from member Phillips 66? It used to be the placed a good friend of mine, Bill Rich- the desert’s slow northward invasion, Phillips Petroleum Company. It ardson. Bill Richardson and I served to- from the twisting winds that howl up changed its name near Tulsa, Okla- gether for many years. He was the UN out of Texas, from the floods that bring ambassador. And although he and I did homa, on Route 66. no richness to the land and steal what Many of us have gotten our kicks on not agree philosophically on a number little richness is there. Route 66, and much of our culture sur- of things, he was a good Member. And From all of these, the people are in rounds this great migration westward he is replaced by an equally good Mem- flight and they come into 66. From the on Route 66. ber. tributary side roads, from the wagon When America entered World War II, And we all remember Steve Schiff. tracks and the rutted country roads, 66 traffic on Route 66 slowed to a trickle Steve Schiff, serving on the Committee is the mother road, the road of flight. because of gas rationing. Military con- on the Judiciary, was respected on 250,000 people over the road. 50,000 old voys began to travel across the high- both sides of the aisle. He was a mem- cars wounded, steaming wrecks along ways with men and machines renewing ber of the Committee on Ethics. And the road, abandoned. Well, what hap- the need for a fast, complete corridor every Member of this body praised him. pened to them? What happened to the from the heart of the country to the And he died of cancer not too long ago folks in that car? Did they walk? coast. Chicago mobsters like John and he was replaced by the gentle- Where are they? Where does the cour- Dillinger, Al Capone, Bugsy Moran woman from New Mexico (Mrs. WIL- age come from? Where does the terrible used Route 66 as their getaway route. SON). And in this short time, I would faith come from? Route 66, the start of it moved to just say to her, I have never seen any Here is a story we can hardly believe, Chicago in 1933 when the World’s Fair Member come to this body and take but it is true and it is funny and it is reclaimed land that was previously a hold and be able to carry out her duties beautiful. There was a family of 12 and swamp. like she has done. And I just greatly they were forced off the land. They had There are many sites along that admire and respect her. no car. They built a trailer out of junk great route: The Chain of Rocks Bridge Mr. Speaker, I yield such time as she and loaded it with their possessions. in Missouri; the Jessie James Wax Mu- may consume to the gentlewoman from They pulled it to the side of 66 and seum also in Missouri; in Kansas, and New Mexico (Mrs. WILSON). Then I waited, and pretty soon a sedan picked Galena, Kansas, the home of the 1935 would ask my colleagues to tell me if them up. Five of them rode in the United Mine Workers strike that erupt- they think this is a political act. sedan and seven on the trailer and a ed into violence; the Will Rogers Mu- Mrs. WILSON. Mr. Speaker, I rise in dog on the trailer. They got to Califor- seum in Oklahoma; and on into Texas, support today of this rule and in sup- nia in two jumps. The man who pulled and the art deco Conoco Service Sta- port also of Senate bill 2133. The fact is them fed them, and that is true. tion there in Shamrock. that this bill had a hearing on the Sen- How can such courage be and such b 1430 ate side and was marked up in the Sen- faith in their own species? Very few ate and passed the committee by unan- things would teach such faith. There is, of course, Cadillac Ranch imous voice vote. The people in flight from the terror where Stanley Marsh is buried in ce- It passed the Senate floor under behind, strange things happened to ment, rear end upward, 10 famous tail- unanimous consent and came over here them, some bitterly cruel and some so fin Cadillacs built from 1948 to 1964. to the House. It is important to my dis- beautiful that the faith is refired for- And then, of course, New Mexico trict, but not in a partisan political ever. through Tucumcari and Santa Rosa to way. It is an important part of Ameri- Route 66 is a part of our history and Moriarty, the home of Route 66 Ele- cana and it is something that my pred- a part of our literature and a part of mentary School, and into Albuquerque, ecessors and Senator BINGAMAN and our lives, and it continues to be part of my hometown, where Route 66 is now Senator DOMENICI and others who live our lives from Chicago all the way central, and one can drive it from one along this historic route have been down to L.A. end to the other looking at the old working on for 5 years now. Something There is a little elementary school in motor courts and the curio shops, most that is as simple as this little bill that Moriarty, New Mexico, the east moun- of which still operate, and have lunch does not appropriate a dime, it merely tains of my district. It is called Route at the Route 66 diner. In Arizona, the authorizes expenditures over 10 years 66 Elementary School. I showed last Petrified National Forest and the and recognizes this historic route, week the hubcap that they gave to me, Painted Desert, the Meteor Crater and should not be lost in the waning days and one of their teachers there wrote the gateway to the Grand Canyon Na- of this session. me a letter, and some of the children tional Park. And finally on into Cali- It is supported by the National Parks did, too, about their school and how it fornia, the home of Ray Crock’s first and Conservation Association, which is designed around the Route 66 theme. McDonald’s in San Bernardino, and endorses this bill, and by the National There is one of them that I wanted to then on down in Pasadena along the Park Service, and enjoys bipartisan read, or at least read a part of it, from route of the Tournament of Roses Pa- support in both the House and the Sen- Kelsey Byrne in Ms. Trujillo’s fourth rade. ate. grade class. It says, Route 66 is truly America’s Main Route 66 is 2,448 miles long. It crosses Honorable Congressman Wilson, our prin- Street. This is a simple bill that recog- 8 States and three time zones, stretch- cipal told us about the hubcap. It is an honor nizes that, promotes tourism along it October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11557 and will help those small businesses to be in a ‘‘famous school.’’ I feel education to have more to say about that when that are a part of our heritage. is important to our future life, because I we bring up the omnibus bill in just a ROUTE 66 ELEMENTARY, think it helps us do whatever career we get. few minutes and about how we ought to Edgewood, NM. For example if I become an engineer, I would be defending the defenders of our Na- Dear Representative HEATHER WILSON: need to know about spelling, mathematics, social studies, and science. tion, and I thank the gentlewoman. Greetings from Route 66 Elementary. Thank Mr. Speaker, I yield such time as he you for your interest in our area. Although Route 66 road goes from the Atlantic our school is new, it has a lot of his- Ocean to the Pacific Ocean. I don’t know might consume to the gentleman from tory around it and within it. In many ways very much about Route 66, but I do know it’s New Mexico (Mr. REDMOND). our school is like one of the original Route very old. Route 66 is important to me. Good Mr. REDMOND. Mr. Speaker, again I 66 Main Street communities. luck on the election! Ohi! Thanks again for would like to stand in support of the Our school is located near the site of Old making our school famous. rule on this bill for both the Bandelier Barton, one of the many Route 66 filling sta- Sincerely, National Monument expansion and also tions between Tucumcari and Albuquerque, NICOLE AURAND, the Route 66 designation. New Mexico. Old Barton is now only a bro- Mrs. Trujillo’s 4th Grade. Route 66 Elementary School. And, Mr. Speaker, you are aware that ken-down building and windmill. Where the in America there are a number of sym- school stands was a cow pasture. Just down Barton road is the grave of a man who OCTOBER 16, 1998. bols in our Nation that unite us as a claimed to be Billy the Kid. Honorable Congresswoman WILSON: Our people. We have the Statue of Liberty, The design of our school includes many principal told us about the hubcap. It is an we have the monuments here in Wash- features related to Route 66. When you walk honor to have had you show it on television! ington, D.C., but there is a symbol that in the front you find yourself on a I am very glad to get part of my education the gentlewoman from New Mexico here at Route 66. It is historical you know. I ‘‘walking map’’ beginning at Chicago. To get (Mrs. WILSON) has identified for us, the to our room, follow the map down the hall, believe that this school will go on for genera- tions! symbol of Route 66 that stretches from and take a left immediately after you cross my hometown, Chicago, through my the Arizona border into California. Our signs I think a good education is very important. in the are replicas of the old highway Especially if you want to be something like new home state, New Mexico, and on signs. The front of our school bears up a huge a computer technician, a teacher, or an as- into California, and again during the neon ‘‘Route 66’’ sign. There is a time cap- tronaut. years of the Depression and many People use their school education all the sule buried in the of our building, with times strong relationships and ties time. Even us kids do! That’s why I think ev- things the students chose to include. Many were built during that era for our peo- eryone deserves a good education. of our building’s features were generated by Route 66 is very important to me. It is old ple, and part of our national heritage is the students during the planning phase of but is in very good shape. I would like to identified by that defining point in our our permanent structure. Our student coun- thank you for supporting us. Good luck at history. And, as I stated earlier, the cil raises money by selling the states on the the election! walking map and, as you well know, cool old song by Woody Guthrie talks about Sincerely yours, hubcaps. this land is your land, this land is my KELSEY BYRNE, The folks around here call our part of the land, from California to the New York Mrs. Trujillo’s 4th grade. historic roadway ‘‘Old 66’’, never ‘‘New Mex- islands, from the redwood forests, to ico 333’’ as the people from the State have re- the Gulf stream waters, this land is OCTOBER 16, 1998. named it. Although Interstate 40 runs along- Honorable Congresswoman WILSON: I think made for you and me. And the Route 66 side 66 and is much faster, many of our fami- education means helping children with there embodies that symbol and unites all lies prefer to take the more leisurely drive lifes. Route 66 elementary gets kids to do Americans. Mr. Guthrie goes on in his into Albuquerque on 66. Several families of better with education. We sent you your song, and I believe that he was describ- the students in our class own their own busi- hubcap because we are good citizens. Route nesses on or near Route 66, and many others ing Route 66 when he wrote: ‘‘As I was 66 was built from the east to west in the 50’s. walking that ribbon of highway, I are second, third, fourth or even fifth genera- Sincerely yours, tion in this community. We have strong ties looked above me, the endless , I STEVEN CHRISTENSEN, here. Route 66, saw below me the golden valley, this Our school is so small that we have to have Mrs. Trujillo’s 4th grade. land was made for you and me.’’ combination classes, and barely have enough I would respectfully ask that my col- students to put together a sixth grade trav- OCTOBER 16, 1998. leagues on both sides of the aisle sup- eling basketball team, but the students, fam- Honorable Congresswoman WILSON: Thank port the Route 66 and also the Ban- ilies, teachers . . . all of us pitch in to make you for showing the hubcap that we gave to our school the best it can be. delier expansion because both these are you on television. I really appreciate you symbolic of who we are as Americans Sincerely, doing that! Mr. Tyrrell’s 5th/6th grade combination My principle Mr. Marshall said for me to and how we are united as a people. class. write this letter. It is about our school. Mr. HALL of Ohio. Mr. Speaker, I I will tell you about it. Route 66 starts at yield myself such time as I may con- OCTOBER 16, 1998. the Pacific and ends at the Alantic Ocean. As sume. Honorable Congresswoman WILSON: It was you know our school is on it. I will also tell Mr. Speaker, before I yield back the wonderful for you to present the hubcap on you about the history about it. Route 66 is a balance of my time, I would just sim- television that we gave to you. As you know, very old road. ply say that we in the minority will our school is located near the Historic Route Now I will tell you about education. It probably, almost 100 percent, be 66 road. That is why our school’s name is means a lot to me. You get a job from edu- Route 66 Elementary. cation and a lot more. The most thing I like against this rule and for a variety of I heard that you were invited to the Grand about education is knowing that you learn- reasons. Number one, it is a closed Opening but couldn’t make it. ing something. rule. Number two, the bill itself really I really think that education is very im- Sincerely, has not had any hearings in the House portant. I believe that everyone needs an JENNIFER HUNT, of Representatives, and in this particu- education. I think staying in school is the From Mrs. Trujillo’s class. lar rule there is not really a chance to coolest thing anyone could ever do. Mr. SOLOMON. Mr. Speaker, I yield change it, so it is up or down. We do Route 66 Elementary is a very important place to me. One thing I know about the His- myself such time as I may consume. not have a choice because it says in the toric Route 66 is that it is very old. As my colleagues know, that to me rule that we cannot make amend- Thanks again!! was so reminiscing. I enjoyed it im- ments. There has been no committee Sincerely Yours, mensely. But I would like to just point report. It has been said by papers that REBECCA RASBECK, out to the Members that the gentle- I have here by the ranking minority Mrs. Trujillo’s 4th Grade, woman from New Mexico (Mrs. WILSON) member that one of the bills that is up Route 66 Elementary. not only is a mother of two, and she is before us is somewhat controversial, P.S. Good luck in the next election! serving here in this body, but she also and if we put all those things together, is the first woman graduate of the one is enough for us to oppose the bill. OCTOBER 16, 1998. Honorable Congresswoman WILSON: Thank United States Air Force Academy ever The majority really does not give us you for showing the hubcap we gave to you to be elected to Congress. I wish we had much of a choice. on Cable Television. I’m very honored to be more like her. I wish we had more vet- So, for that reason we will oppose the writing this letter to you. I’m also honored erans serving in this body. I am going rule. H11558 CONGRESSIONAL RECORD — HOUSE October 20, 1998 Mr. Speaker, I yield back the balance given the authority to reduce the size of our CHAPTER 2—DUTY SUSPENSIONS AND of my time. legislature even though it was passed unani- REDUCTIONS Mr. SOLOMON. Mr. Speaker, I yield mously out of committee, it still has not come Sec. 2101. Diiodomethyl-p-tolylsulfone. myself such time as I may consume. to the floor for passage. Sec. 2102. Racemic dl-menthol. Mr. Speaker, I thank the gentleman This is similar to the fate of several of the Sec. 2103. 2,4-Dichloro-5- from Ohio (Mr. HALL), and in closing Democratic bills that are languishing and ap- hydrazinophenolmonohy- let me just repeat one more time these parently about to die as we close out this Con- drochloride. Sec. 2104. Tab. are two noncontroversial bills. The gress. Sec. 2105. Certain snowboard boots. people that have been on the floor lis- This is no way to do the people's business, Sec. 2106. Ethofumesate singularly or in tening, the people that have been back Mr. Speaker. I urge my colleagues in the inter- mixture with application adju- in their offices listening and certainly est of fairness to vote no on the rule and on vants. the viewing audience, I think they these bills. Sec. 2107. 3-Methoxycarbonylaminophenyl have made up their mind there is noth- Mr. SOLOMON. Mr. Speaker, I yield 3′-methyl-carbanilate ing controversial about these bills. back the balance of my time, and I (phenmedipham). They were brought to the floor under move the previous question on the res- Sec. 2108. 3-Ethoxycarbonyl-amino-phenyl- n-phenyl-carbamate regular order. I have here a whole list olution. The previous question was ordered. (desmedipham). of Members who were not here for the The SPEAKER pro tempore (Mr. Sec. 2109. 2-Amino-4-(4-aminobenzoyl vote on these two bills, 50 some Mem- LATOURETTE). The question is on the amino)-benzene-sulfonic acid, bers and an awful lot of Democrats. I resolution. sodium salt. do not know where they were: The question was taken; and the Sec. 2110. 5-Amino-n-(2-hydroxyethyl)-2,3- The gentleman from New York (Mr. xylenesul- fonamide. Speaker pro tempore announced that ′ ACKERMAN), the gentleman from Maine Sec. 2111. 3-Amino-2 -(sulfatoethylsulfonyl) the ayes appeared to have it. ethyl benzamide. (Mr. ALLEN), the gentleman from Cali- Mr. HALL of Ohio. Mr. Speaker, on Sec. 2112. 4-Chloro-3-nitrobenzenesulfonic fornia (Mr. BERMAN), the gentleman that I demand the yeas and nays. acid, monopotassium salt. from California (Mr. BROWN), the gen- The yeas and nays were ordered. Sec. 2113. 2-Amino-5-nitrothiazole. tleman from Texas (Mr. EDWARDS), the The SPEAKER pro tempore. Pursu- Sec. 2114. 4-Chloro-3-nitrobenzenesulfonic gentleman from Massachusetts (Mr. ant to clause 5 of rule I, further pro- acid. FRANK), the gentleman from Texas (Mr. ceedings on this question will be post- Sec. 2115. 6-Amino-1,3-naphthalenedisulfonic FROST), the gentlewoman from Oregon poned. acid. (Ms. FURSE), the gentleman from Texas f Sec. 2116. 4-Chloro-3-nitrobenzenesulfonic acid, monosodium salt. (Mr. GREEN), the gentleman from North ANNOUNCEMENT BY THE SPEAKER Sec. 2117. 2-Methyl-5-nitrobenzenesulfonic Carolina (Mr. HEFNER), the gentleman PRO TEMPORE acid. from Wisconsin (Mr. JOHNSON), the gen- Sec. 2118. 6-Amino-1,3-naphthalenedisulfonic tlewoman from Connecticut (Mrs. KEN- The SPEAKER pro tempore. Pursu- acid, disodium salt. NELLY), the gentleman from California ant to the provisions of clause 5, rule I, Sec. 2119. 2-Amino-p-cresol. (Mr. LANTOS), the gentleman from Illi- the Chair announces that he will post- Sec. 2120. 6-Bromo-2,4-dinitroaniline. nois (Mr. LIPINSKI), the gentleman pone further proceedings today on each Sec. 2121. 7-Acetylamino-4-hydroxy-2-naph- from Massachusetts (Mr. MCGOVERN), motion to suspend the rules on which a thalene-sulfonic acid, mono- the gentleman from North Carolina recorded vote or the yeas and nays are sodium salt. Sec. 2122. Tannic acid. (Mr. MCINTYRE), the gentleman from ordered, or on which the vote is ob- jected to under clause 4 of rule XV. Sec. 2123. 2-Amino-5-nitrobenzenesulfonic Massachusetts (Mr. MEEHAN), and it acid, monosodium salt. goes on, and on, and on. Such rollcall vote, if postponed, will be taken after debate has concluded on Sec. 2124. 2-Amino-5-nitrobenzenesulfonic They ought to have a chance to vote acid, monoammonium salt. on this. I urge support of the rule. the motion to suspend the rules, but Sec. 2125. 2-Amino-5-nitrobenzenesulfonic In closing, let me point out to any- not before 5 p.m. today. acid. one who has any question about either f Sec. 2126. 3-(4,5-Dihydro-3-methyl-5-oxo-1h- pyrazol-1-yl)benzenesulfonic one of these bills: Because of the MISCELLANEOUS TRADE AND changes that I and the Committee on acid. TECHNICAL CORRECTIONS ACT Sec. 2127. 4-Benzoylamino-5-hydroxy-2,7- Rules made when we took control here OF 1998 naphtha- lenedisulfonic acid. 4 years ago, the minority party always Mr. CRANE. Mr. Speaker, I move to Sec. 2128. 4-Benzoylamino-5-hydroxy-2,7- has the right to a motion to recommit, suspend the rules and pass the bill naphtha- lenedisulfonic acid, and that means they can offer their al- (H.R. 4856) to make miscellaneous and monosodium salt. ternative. They have an alternative; Sec. 2129. Pigment Yellow 151. technical changes to various trade now is their time to offer it. Sec. 2130. Pigment Yellow 181. laws, and for other purposes. Sec. 2131. Pigment Yellow 154. Ms. CHRISTIAN-GREEN. Mr. Speaker, I The Clerk read as follows: rise in objection to S. 2133 which is being Sec. 2132. Pigment Yellow 175. H. R. 4856 Sec. 2133. Pigment Yellow 180. brought to the floor today without having un- Be it enacted by the Senate and House of Rep- Sec. 2134. Pigment Yellow 191. dergone review by the House Resources resentatives of the United States of America in Sec. 2135. Pigment Red 187. Committee. Congress assembled, Sec. 2136. Pigment Red 247. First of all, the program will, if enacted, di- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 2137. Pigment Orange 72. vert $10 million from underfunded and back- (a) SHORT TITLE.—This Act may be cited as Sec. 2138. Pigment Yellow 16. logged projects, possibly even in the National the ‘‘Miscellaneous Trade and Technical Cor- Sec. 2139. Pigment Red 185. Park system in my own district, the U.S. Virgin rections Act of 1998’’. Sec. 2140. Pigment Red 208. Islands. Today, my constituents have been (b) TABLE OF CONTENTS.—The table of con- Sec. 2141. Pigment Red 188. tents of this Act is as follows: asked to pay a fee, despite the fact that when Sec. 2142. 2,6-Dimethyl-m-dioxan-4-ol ace- Sec. 1. Short title. tate. the property was deeded to the Park Service Sec. 2143. β-Bromo-β-nitrostyrene. TITLE I—MISCELLANEOUS TRADE it was with the stipulation that residents espe- Sec. 2144. Textile machinery. CORRECTIONS cially on the Island of St. John where over Sec. 2145. Deltamethrin. 60% of the land is park, would never be Sec. 1001. Clerical amendments. Sec. 2146. Diclofop-methyl. Sec. 1002. Obsolete references to GATT. charged for use. This would not be necessary Sec. 1003. Tariff classification of 13-inch Sec. 2147. Resmethrin. if we were funded adequately, and so I object televisions. Sec. 2148. N-phenyl-n’-1,2,3-thiadiazol-5- ylurea. to this bill. TITLE II—TEMPORARY DUTY SUSPEN- Sec. 2149. (1R,3S)3[(1′RS)(1′,2′,2′,2′,- But even more insulting to our territory is SIONS AND REDUCTIONS; OTHER Tetrabromoethyl)]-2,2- TRADE PROVISIONS what happened in the case of my bill, H.R. dimethylcyclopro- 4313, which is similar to provision passed for Subtitle A—Temporary Duty Suspensions panecarboxylic acid, (S)-α- Guam, and which was submitted upon a reso- and Reductions cyano-3-phenoxybenzyl ester. lution passed by the local representatives in CHAPTER 1—REFERENCE Sec. 2150. Pigment Yellow 109. the Virgin Islands. Our legislature asked to be Sec. 2001. Reference. Sec. 2151. Pigment Yellow 110. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11559 Sec. 2152. Pigment Red 177. Sec. 2196. (S)-N-[[5-[2-(2-amino-4,6,7,8- Subtitle B—Trade Provisions Sec. 2153. Textile printing machinery. tetrahydro-4-oxo-1H- Sec. 2401. Extension of United States insular Sec. 2154. Substrates of synthetic quartz or pyrimido[5,4-b][1,4]thiazin-6- possession program. synthetic fused silica. yl)ethyl]-2-thienyl]carbonyl]-l- Sec. 2402. Tariff treatment for certain com- Sec. 2155. 2-Methyl-4,6- glutamic acid. ponents of scientific instru- bis[(octylthio)methyl]phenol. Sec. 2197. 2-Amino-6-methyl-5-(4- ments and apparatus. Sec. 2156. 2-Methyl-4,6- pyridinylthio)-4(1H)- Sec. 2403. Liquidation or reliquidation of bis[(octylthio)methyl]phenol; quinazolinone dihydrochloride. certain entries. epoxidized triglyceride. Sec. 2198. 3-(Acetyloxy)-2-methylbenzoic Sec. 2404. Drawback and refund on packag- Sec. 2157. 4-[[4,6-Bis(octylthio)-1,3,5-triazin- acid. ing material. 2-yl]amino] -2,6-bis(1,1- Sec. 2199. [R-(R*,R*)]-1,2,3,4-butanetetrol-1,4- Sec. 2405. Inclusion of commercial importa- dimethylethyl)phenol. dimeth- anesulfonate. tion data from foreign-trade Sec. 2158. (2-Benzothiazolylthio)butanedioic Sec. 2200. 9-[2-[[Bis [(pivaloyloxy)-methoxy] zones under the National Cus- acid. phos- phinyl]methoxy] toms Automation Program. Sec. 2159. Calcium bis[monoethyl (3,5-di- ethyl]adenine (also known as Sec. 2406. Large yachts imported for sale at tert-butyl-4-hydroxybenzyl) Adefovir Dipivoxil). United States boat shows. phosphonate]. Sec. 2201. 9-[2-(R)-[[Bis[(isopropoxy-car- Sec. 2407. Review of protests against deci- γ Sec. 2160. 4-Methyl- -oxo-benzenebutanoic bonyl)oxy- methoxy]- sions of Customs Service. acid compd. with 4- phosphinoyl]methoxy]-propyl]- Sec. 2408. Entries of NAFTA-origin goods. ethylmorpholine (2:1). adenine fumarate (1:1). Sec. 2409. Treatment of international travel Sec. 2161. Weaving machines. Sec. 2202. (R)-9-(2-Phosphono- merchandise held at customs- Sec. 2162. Textile doubling or twisting ma- methoxypropyl)ade- nine. approved storage . chines. Sec. 2203. (R)-1,3-Dioxolan-2-one, 4-methyl-. Sec. 2410. Exception to 5-year reviews of Sec. 2163. Certain weaving machines. Sec. 2204. 9-(2-Hydroxyethyl)adenine. countervailing duty or anti- Sec. 2164. DEMT. Sec. 2205. (R)-9H-Purine-9-ethanol, 6-amino- dumping duty orders. Sec. 2165. Benzenepropanal, 4-(1,1- α-methyl-. Sec. 2411. Water resistant wool trousers. dimethylethyl)-alpha-methyl-. Sec. 2206. Chloromethyl-2-propyl carbonate. Sec. 2412. Reimportation of certain goods. Sec. 2166. 2H–3,1-Benzoxazin-2-one, 6-chloro- Sec. 2207. (R)-1,2-Propanediol, 3-chloro-. Sec. 2413. Treatment of personal effects of 4-(cyclo-propylethynyl)-1,4- Sec. 2208. Oxirane, (S)- participants in certain world dihydro-4-(trifluoromethyl)-. ((triphenylmethoxy)methyl)-. athletic events. Sec. 2167. Tebufenozide. Sec. 2209. Chloromethyl pivalate. Sec. 2414. Reliquidation of certain entries of Sec. 2168. Halofenozide. Sec. 2210. Diethyl (((p-toluenesulfonyl)oxy)- thermal transfer multifunction Sec. 2169. Certain organic pigments and methyl)phosphonate. machines. dyes. Sec. 2211. (R)-9-(2-Hydroxypropyl)adenine. Sec. 2415. Reliquidation of certain drawback Sec. 2170. 4-Hexylresorcinol. Sec. 2212. Beta hydroxyalkylamide. entries and refund of drawback Sec. 2171. Certain sensitizing dyes. Sec. 2213. Grilamid tr90. Sec. 2172. Skating boots for use in the manu- Sec. 2214. IN–W4280. payments. Sec. 2416. Clarification of additional U.S. facture of in-line roller skates. Sec. 2215. KL540. Sec. 2173. Dibutylnaphthalenesulfonic acid, Sec. 2216. Methyl thioglycolate. note 4 to chapter 91 of the Har- sodium salt. Sec. 2217. DPX–E6758. monized Tariff Schedule of the Sec. 2174. O-(6-chloro-3-phenyl-4- Sec. 2218. Ethylene, tetrafluoro copolymer United States. pyridazinyl)-s-octyl- with ethylene (ETFE). Sec. 2417. Duty-free sales enterprises. Sec. 2418. Customs user fees. carbonothioate. Sec. 2219. 3-Mercapto-D-valine. Sec. 2419. Duty drawback for methyl ter- Sec. 2175. 4-Cyclopropyl-6-methyl-2- Sec. 2220. p-Ethylphenol. tiary-butyl ether (‘‘MTBE’’). phenylaminopy-rimidine. Sec. 2221. Pantera. Sec. 2420. Substitution of finished petroleum Sec. 2176. O,O-dimethyl-S-[5-methoxy-2-oxo- Sec. 2222. p-Nitrobenzoic acid. derivatives. 1,3,4-thiadi-azol-3(2H)-yl-meth- Sec. 2223. p-Toluenesulfonamide. Sec. 2421. Duty on certain importations of yl]-dithiophosphate. Sec. 2224. Polymers of tetrafluoroethylene, mueslix cereals. Sec. 2177. Ethyl [2-(4-phenoxyphenoxy) hexafluoropropylene, and vinyl- Sec. 2422. Expansion of Foreign Trade Zone ethyl] carbamate. idene fluoride. No. 143. Sec. 2178. [(2S,4R)/(2R,4S)]/[(2R,4R)/(2S,4S)]-1- Sec. 2225. Methyl 2-[[[[[4-(dimethylamino)-6- Sec. 2423. Marking of certain silk products [2-[4-(4-chloro-phenoxy)-2- (2,2,2- tri- fluoroethoxy)-1,3,5- and containers. chlorophenyl]-4-methyl-1,3- triazin-2-yl]- amino]- car- Sec. 2424. Extension of nondiscriminatory dioxolan-2-yl-methyl]-1H-1,2,4- bonyl]amino]sulfonyl]-3- treatment (normal trade rela- triazole. methyl- benzoate tions treatment) to the prod- Sec. 2179. 2,4-Dichloro-3,5- (triflusulfuron methyl). ucts of Mongolia. dinitrobenzotrifluoride. Sec. 2226. Certain manufacturing equipment. Sec. 2425. Enhanced cargo inspection pilot Sec. 2180. 2-Chloro-n-[2,6-dinitro-4- Sec. 2227. Textured rolled glass sheets. program. (trifluoromethyl) phenyl]-n- Sec. 2228. Certain HIV drug substances. Sec. 2229. Rimsulfuron. Sec. 2426. Payment of education costs of de- ethyl-6- Sec. 2230. Carbamic acid (V–9069). pendents of certain Customs fluorobenzenemethanamine. Sec. 2231. DPX–E9260. Service personnel. Sec. 2181. Chloroacetone. Sec. 2232. Ziram. Sec. 2182. Acetic acid, [(5-chloro-8-quino- TITLE III—AMENDMENTS TO INTERNAL Sec. 2233. Ferroboron. REVENUE CODE OF 1986 linyl)oxy]-, 1-methylhexyl Sec. 2234. Acetic acid, [[2-chloro-4-fluoro-5- ester. [(tetra- hydro-3-oxo-1h,3h- Sec. 3001. Property subject to a liability Sec. 2183. Propanoic acid, 2-[4-[(5-chloro-3- [1,3,4] thiadiazolo[3,4- treated in same manner as as- fluoro-2- a]pyridazin-1- sumption of liability. pyridinyl)oxy]phenoxy]-, 2- ylidene)amino]phenyl]- thio]-, TITLE I—MISCELLANEOUS TRADE propynyl ester. methyl ester. CORRECTIONS Sec. 2184. Mucochloric acid. Sec. 2235. Pentyl[2-chloro-5-(cyclohex-1-ene- SEC. 1001. CLERICAL AMENDMENTS. Sec. 2185. Certain rocket engines. 1,2-di- carboximido)-4- Sec. 2186. Pigment Red 144. (a) TRADE ACT OF 1974.—(1) Section 233(a) of fluorophenoxy]acetate. Sec. 2187. Pigment Orange 64. the Trade Act of 1974 (19 U.S.C. 2293(a)) is Sec. 2236. Bentazon (3-isopropyl)-1h-2,1,3- Sec. 2188. Pigment Yellow 95. amended— benzo-thiadiazin-4(3h)-one-2,2- Sec. 2189. Pigment Yellow 93. (A) by aligning the text of paragraph (2) Sec. 2190. (S)-N-[[5-[2-(2-Amino-4,6,7,8- dioxide). that precedes subparagraph (A) with the text Sec. 2237. Certain high-performance loud- tetrahydro-4-oxo-1H- of paragraph (1); and speakers not mounted in their pyrimido[5,4-b] [1,4]thiazin-6- (B) by aligning the text of subparagraphs enclosures. yl)ethyl]-2-thienyl]carbonyl]-l- (A) and (B) of paragraph (2) with the text of Sec. 2238. Parts for use in the manufacture glutamic acid, diethyl ester. subparagraphs (A) and (B) of paragraph (3). of certain high-performance Sec. 2191. 4-Chloropyridine hydrochloride. (2) Section 141(b) of the Trade Act of 1974 Sec. 2192. 4-Phenoxypyridine. loudspeakers. (19 U.S.C. 2171(b)) is amended— Sec. 2239. 5-tertiary butyl-isophthalic acid. Sec. 2193. (3S)-2,2-Dimethyl-3- (A) in paragraph (3) by striking ‘‘LIMITA- Sec. 2240. Certain polymer. thiomorpholine carboxylic acid. TION ON APPOINTMENTS.—’’; and Sec. 2241. 2, (4-chlorophenol)-3-ethyl-2, 5- Sec. 2194. 2-Amino-5-bromo-6-methyl-4(1H)- (B) by aligning the text of paragraph (3) dihydro-5-oxo-4-pyridazine car- quinazoli-none. with the text of paragraph (2). Sec. 2195. 2-Amino-6-methyl-5-(4- boxylic acid, potassium salt. (3) The item relating to section 410 in the pyridinylthio)-4(1H)- CHAPTER 3—EFFECTIVE DATE table of contents for the Trade Act of 1974 is quinazolinone. Sec. 2301. Effective date. repealed. H11560 CONGRESSIONAL RECORD — HOUSE October 20, 1998 (4) Section 411 of the Trade Act of 1974 (19 (B) by inserting after the items relating to Parties to the General Agreement on Tariffs U.S.C. 2441), and the item relating to section subtitle D of title IV the following: and Trade’’ and inserting ‘‘Dispute Settle- 411 in the table of contents for that Act, are ment Body of the World Trade Organization ‘‘Subtitle E—Standards and Measures Under repealed. (as the term ‘World Trade Organization’ is the North American Free Trade Agreement (5) Section 154(b) of the Trade Act of 1974 defined in section 2(8) of the Uruguay Round (19 U.S.C. 2194(b)) is amended by striking ‘‘CHAPTER 1—SANITARY AND PHYTOSANITARY Agreements Act)’’. ‘‘For purposes of’’ and all that follows MEASURES (b) INTERNATIONAL FINANCIAL INSTITUTIONS through ‘‘90-day period’’ and inserting ‘‘For ‘‘Sec. 461. General. ACT.—Section 1403(b) of the International Fi- purposes of sections 203(c) and 407(c)(2), the ‘‘Sec. 462. Inquiry point. nancial Institutions Act (22 U.S.C. 262n–2(b)) 90-day period’’. ‘‘Sec. 463. Chapter definitions. is amended— (6) Section 406(e)(2) of the Trade Act of 1974 ‘‘CHAPTER 2—STANDARDS-RELATED MEASURES (1) in paragraph (1)(A) by striking ‘‘General (19 U.S.C. 2436(e)(2)) is amended by moving ‘‘Sec. 471. General. Agreement on Tariffs and Trade or Article subparagraphs (B) and (C) 2 ems to the left. ‘‘Sec. 472. Inquiry point. 10’’ and all that follows through ‘‘Trade’’ and (7) Section 503(a)(2)(A)(ii) of the Trade Act ‘‘Sec. 473. Chapter definitions. inserting ‘‘GATT 1994 as defined in section of 1974 (19 U.S.C. 2463(a)(2)(A)(ii)) is amended ‘‘CHAPTER 3—SUBTITLE DEFINITIONS 2(1)(B) of the Uruguay Round Agreements by striking subclause (II) and inserting the ‘‘Sec. 481. Definitions. Act, or Article 3.1(a) of the Agreement on following: Subsidies and Countervailing Measures re- ‘‘(II) the direct costs of processing oper- ‘‘Subtitle F—International Standard-Setting ferred to in section 101(d)(12) of that Act’’; ations performed in such beneficiary devel- Activities and oping country or such member countries, ‘‘Sec. 491. Notice of United States participa- (2) in paragraph (2)(B) by striking ‘‘Article is not less than 35 percent of the appraised tion in international standard- 6’’ and all that follows through ‘‘Trade’’ and value of such article at the time it is en- setting activities. inserting ‘‘Article 15 of the Agreement on tered.’’. ‘‘Sec. 492. Equivalence determinations. Subsidies and Countervailing Measures re- (8) Section 802(b)(1)(A) of the Trade Act of ‘‘Sec. 493. Definitions.’’. ferred to in subparagraph (A)’’. 1974 (19 U.S.C. 2492(b)(1)(A)) is amended— (5)(A) Section 3(a)(9) of the Miscellaneous (c) BRETTON WOODS AGREEMENTS ACT.— (A) by striking ‘‘481(e)’’ and inserting Trade and Technical Corrections Act of 1996 Section 49(a)(3) of the Bretton Woods Agree- ‘‘489’’; and is amended by striking ‘‘631(a)’’ and ‘‘1631(a)’’ ments Act (22 U.S.C. 286gg(a)(3)) is amended (B) by inserting ‘‘(22 U.S.C. 2291h)’’ after and inserting ‘‘631’’ and ‘‘1631’’, respectively. by striking ‘‘GATT Secretariat’’ and insert- ‘‘1961’’. (B) Section 50(c)(2) of such Act is amended ing ‘‘Secretariat of the World Trade Organi- (9) Section 804 of the Trade Act of 1974 (19 by striking ‘‘applied to entry’’ and inserting zation (as the term ‘World Trade Organiza- U.S.C. 2494) is amended by striking ‘‘481(e)(1) ‘‘applied to such entry’’. tion’ is defined in section 2(8) of the Uruguay of the Foreign Assistance Act of 1961 (22 (6) Section 8 of the Act of August 5, 1935 (19 Round Agreements Act)’’. U.S.C. 2291(e)(1))’’ and inserting ‘‘489 of the U.S.C. 1708) is repealed. (d) FISHERMEN’S PROTECTIVE ACT OF 1967.— (7) Section 584(a) of the Tariff Act of 1930 Foreign Assistance Act of 1961 (22 U.S.C. Section 8(a)(4) of the Fishermen’s Protective (19 U.S.C. 1584(a)) is amended— 2291h)’’. Act of 1967 (22 U.S.C. 1978(a)(4)) is amended (10) Section 805(2) of the Trade Act of 1974 (A) in the last sentence of paragraph (2), by by striking ‘‘General Agreement on Tariffs (19 U.S.C. 2495(2)) is amended by striking striking ‘‘102(17) and 102(15), respectively, of and Trade’’ and inserting ‘‘World Trade Or- ‘‘and’’ after the semicolon. the Controlled Substances Act’’ and insert- ganization (as defined in section 2(8) of the (11) The table of contents for the Trade Act ing ‘‘102(18) and 102(16), respectively, of the Uruguay Round Agreements Act) or the mul- of 1974 is amended by adding at the end the Controlled Substances Act (21 U.S.C. 802(18) tilateral trade agreements (as defined in sec- following: and 802(16))’’; and tion 2(4) of that Act)’’. (B) in paragraph (3)— (e) UNITED STATES-HONG KONG POLICY ACT ‘‘TITLE VIII—TARIFF TREATMENT OF (i) by striking ‘‘or which consists of any OF 1992.—Section 102(3) of the United States- PRODUCTS OF, AND OTHER SANCTIONS spirits,’’ and all that follows through ‘‘be not Hong Kong Policy Act of 1992 (22 U.S.C. AGAINST, UNCOOPERATIVE MAJOR shown,’’; and 5712(3)) is amended— DRUG PRODUCING OR DRUG-TRANSIT (ii) by striking ‘‘, and, if any manifested (1) by striking ‘‘contracting party to the COUNTRIES merchandise’’ and all that follows through General Agreement on Tariffs and Trade’’ ‘‘Sec. 801. Short title. the end and inserting a period. and inserting ‘‘WTO member country (as de- ‘‘Sec. 802. Tariff treatment of products of (8) Section 621(4)(A) of the North American fined in section 2(10) of the Uruguay Round uncooperative major drug pro- Free Trade Agreement Implementation Act, Agreements Act)’’; and ducing or drug-transit coun- as amended by section 21(d)(12) of the Mis- (2) by striking ‘‘latter organization’’ and tries. cellaneous Trade and Technical Amendments inserting ‘‘World Trade Organization (as de- ‘‘Sec. 803. Sugar quota. Act of 1996, is amended by striking ‘‘disclo- fined in section 2(8) of that Act)’’. ‘‘Sec. 804. Progress reports. sure within 30 days’’ and inserting ‘‘disclo- (f) NOAA FLEET MODERNIZATION ACT.—Sec- ‘‘Sec. 805. Definitions.’’. sure, or within 30 days’’. tion 607(b)(8) of the NOAA Fleet Moderniza- (b) OTHER TRADE LAWS.—(1) Section 13031 (9) Section 558(b) of the Tariff Act of 1930 tion Act (33 U.S.C. 891e(b)(8)) is amended by of the Consolidated Omnibus Budget Rec- (19 U.S.C. 1558(b)) is amended by striking striking ‘‘Agreement on Interpretation’’ and onciliation Act of 1985 (19 U.S.C. 58c) is ‘‘(c)’’ each place it appears and inserting all that follows through ‘‘trade negotia- amended— ‘‘(h)’’. tions’’ and inserting ‘‘Agreement on Sub- (A) in subsection (e) by aligning the text of (10) Section 441 of the Tariff Act of 1930 (19 sidies and Countervailing Measures referred paragraph (1) with the text of paragraph (2); U.S.C. 1441) is amended by striking para- to in section 101(d)(12) of the Uruguay Round and graph (6). Agreements Act, or any other export subsidy (B) in subsection (f)(3)— (11) General note 3(a)(ii) to the Harmonized prohibited by that agreement’’. (i) in subparagraph (A)(ii) by striking ‘‘sub- Tariff Schedule of the United States is (g) ENERGY POLICY ACT OF 1992.—(1) Sec- section (a)(1) through (a)(8)’’ and inserting amended by striking ‘‘general most-favored- tion 1011(b) of the Energy Policy Act of 1992 ‘‘paragraphs (1) through (8) of subsection nation (MFN)’’ and by inserting in lieu (42 U.S.C. 2296b(b)) is amended— (a)’’; and thereof ‘‘general or normal trade relations (A) by striking ‘‘General Agreement on (ii) in subparagraph (C)(ii)(I) by striking (NTR)’’. Tariffs and Trade’’ and inserting ‘‘multilat- ‘‘paragraph (A)(i)’’ and inserting ‘‘subpara- SEC. 1002. OBSOLETE REFERENCES TO GATT. eral trade agreements (as defined in section graph (A)(i)’’. (a) FOREST RESOURCES CONSERVATION AND 2(4) of the Uruguay Round Agreements (2) Section 3(a) of the Act of June 18, 1934 SHORTAGE RELIEF ACT OF 1990.—(1) Section Act)’’; and (commonly referred to as the ‘‘Foreign Trade 488(b) of the Forest Resources Conservation (B) by striking ‘‘United States-Canada Zones Act’’) (19 U.S.C. 81c(a)) is amended by and Shortage Relief Act of 1990 (16 U.S.C. Free Trade Agreement’’ and inserting striking the second period at the end of the 620(b)) is amended— ‘‘North American Free Trade Agreement’’. last sentence. (A) in paragraph (3) by striking ‘‘General (2) Section 1017(c) of such Act (42 U.S.C. (3) Section 9 of the Act of June 18, 1934 Agreement on Tariffs and Trade’’ and insert- 2296b–6(c)) is amended— (commonly referred to as the ‘‘Foreign Trade ing ‘‘GATT 1994 (as defined in section 2(1)(B) (A) by striking ‘‘General Agreement on Zones Act’’) (19 U.S.C. 81i) is amended by of the Uruguay Round Agreements Act)’’ ; Tariffs and Trade’’ and inserting ‘‘multilat- striking ‘‘Post Office Department, the Public and eral trade agreements (as defined in section Health Service, the Bureau of Immigration’’ (B) in paragraph (5) by striking ‘‘General 2(4) of the Uruguay Round Agreements and inserting ‘‘United States Postal Service, Agreement on Tariffs and Trade’’ and insert- Act)’’; and the Public Health Service, the Immigration ing ‘‘WTO Agreement and the multilateral (B) by striking ‘‘United States-Canada and Naturalization Service’’. trade agreements (as such terms are defined Free Trade Agreement’’ and inserting (4) The table of contents for the Trade in paragraphs (9) and (4), respectively, of sec- ‘‘North American Free Trade Agreement’’. Agreements Act of 1979 is amended— tion 2 of the Uruguay Round Agreements (h) ENERGY POLICY CONSERVATION ACT.— (A) in the item relating to section 411 by Act)’’. Section 400AA(a)(3) of the Energy Policy striking ‘‘Special Representative’’ and in- (2) Section 491(g) of that Act (16 U.S.C. Conservation Act (42 U.S.C. 6374(a)(3)) is serting ‘‘Trade Representative’’; and 620c(g)) is amended by striking ‘‘Contracting amended in subparagraphs (F) and (G) by October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11561 striking ‘‘General Agreement on Tariffs and (4) Subheading 8528.12.68. or any other provision of law, upon proper Trade’’ each place it appears and inserting (5) Subheading 8528.12.76. request filed with the Customs Service not ‘‘multilateral trade agreements as defined in (6) Subheading 8528.12.84. later than 180 days after the date of enact- section 2(4) of the Uruguay Round Agree- (7) Subheading 8528.21.16. ment of this Act, any entry, or withdrawal ments Act’’. (8) Subheading 8528.21.24. from warehouse for consumption, of an arti- (i) TITLE 49, UNITED STATES CODE.—Section (9) Subheading 8528.21.55. cle described in a subheading listed in para- 50103 of title 49, United States Code, is (10) Subheading 8528.21.65. graphs (1) through (16) of subsection (a)— amended in subsections (c)(2) and (e)(2) by (11) Subheading 8528.21.75. (A) that was made on or after January 1, striking ‘‘General Agreement on Tariffs and (12) Subheading 8528.21.85. Trade’’ and inserting ‘‘multilateral trade 1995, and before the date that is 15 days after (13) Subheading 8528.30.62. the date of enactment of this Act, agreements (as defined in section 2(4) of the (14) Subheading 8528.30.66. Uruguay Round Agreements Act)’’. (B) with respect to which there would have (15) Subheading 8540.11.24. been no duty or a lesser duty if the amend- SEC. 1003. TARIFF CLASSIFICATION OF 13-INCH (16) Subheading 8540.11.44. TELEVISIONS. ments made by subsection (a) applied to such (a) IN GENERAL.—Each of the following sub- (b) EFFECTIVE DATE.— entry, and headings of the Harmonized Tariff Schedule (1) IN GENERAL.—The amendments made by (C) that is— of the United States is amended by striking this section apply to articles entered, or (i) unliquidated, ‘‘33.02 cm’’ in the article description and in- withdrawn from warehouse for consumption, (ii) under protest, or serting ‘‘34.29 cm’’: on or after the date that is 15 days after the (iii) otherwise not final, (1) Subheading 8528.12.12. date of enactment of this Act. shall be liquidated or reliquidated as though (2) Subheading 8528.12.20. (2) RETROACTIVE APPLICATION.—Notwith- such amendment applied to such entry. (3) Subheading 8528.12.62. standing section 514 of the Tariff Act of 1930

TITLE II—TEMPORARY DUTY SUSPENSIONS AND REDUCTIONS; OTHER TRADE PROVISIONS Subtitle A—Temporary Duty Suspensions and Reductions CHAPTER 1—REFERENCE

SEC. 2001. REFERENCE. Except as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a chapter, subchapter, note, additional U.S. note, heading, subheading, or other provision, the reference shall be considered to be made to a chapter, subchapter, note, additional U.S. note, heading, subheading, or other provision of the Harmonized Tariff Schedule of the United States (19 U.S.C. 3007). CHAPTER 2—DUTY SUSPENSIONS AND REDUCTIONS

SEC. 2101. DIIODOMETHYL-P-TOLYLSULFONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.90 Diiodomethyl-p-tolylsulfone (CAS No. 20018–09–1) (provided for in sub- heading 2930.90.10) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2102. RACEMIC dl-MENTHOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.06 Racemic dl-menthol (intermediate (E) for use in producing menthol) (CAS No. 15356–70–4) (provided for in subheading 2906.11.00) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2103. 2,4-DICHLORO-5-HYDRAZINOPHENOLMONOHY- DROCHLORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.28 2,4-Dichloro-5-hydrazinophenolmonohydrochloride (CAS No. 189573–21–5) (provided for in subheading 2928.00.25) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2104. TAB. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.95 Phosphinic acid, [3-(acetyloxy)-3-cyanopropyl]methyl-, butyl ester (CAS No. 167004–78–6) (provided for in subheading 2931.00.90) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2105. CERTAIN SNOWBOARD BOOTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.64.04 Snowboard boots with uppers of textile materials (provided for in sub- heading 6404.11.90) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2106. ETHOFUMESATE SINGULARLY OR IN MIXTURE WITH APPLICATION ADJUVANTS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.31.12 2-Ethoxy-2,3-dihydro-3,3-dimethyl-5-benzofuranyl- methanesulfonate (ethofumesate) singularly or in mixture with applica- tion adjuvants (CAS No. 26225–79–6) (provided for in subheading 2932.99.08 or 3808.30.15) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2107. 3-METHOXYCARBONYLAMINOPHENYL 3′-METHYL-CARBANILATE (PHENMEDIPHAM). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: H11562 CONGRESSIONAL RECORD — HOUSE October 20, 1998

‘‘ 9902.31.13 3-Methoxycarbonylamino- phenyl 3′-methylcarbanilate (phenmedipham) (CAS No. 13684–63–4) (pro- vided for in subheading 2924.29.47) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2108. 3-ETHOXYCARBONYL-AMINO-PHENYL-N-PHENYL-CARBAMATE (DESMEDIPHAM). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.31.14 3-Ethoxycarbonyl-amino-phenyl-N-phenylcarbamate (desmedipham) (CAS No. 13684–56–5) (provided for in subheading 2924.29.41) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2109. 2-AMINO-4-(4-AMINOBENZOYL AMINO)-BENZENE-SULFONIC ACID, SODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.30.91 2-Amino-4-(4-aminobenzoyl amino)-benzenesulfonic acid, sodium salt (CAS No. 167614–37–1) (provided for in subheading 2930.90.29) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2110. 5-AMINO-N-(2-HYDROXYETHYL)-2,3-XYLENESUL- FONAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.30.31 5-Amino-N-(2-hydroxyethyl)-2,3-xylenesulfonamide (CAS No. 25797–78–8) (provided for in subheading 2935.00.95) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2111. 3-AMINO-2′-(SULFATOETHYLSULFONYL) ETHYL BENZAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.30.90 3-Amino-2′-(sulfatoethylsulfonyl) ethyl benzamide (CAS No. 121315–20–6) (provided for in subheading 2930.90.29) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2112. 4-CHLORO-3-NITROBENZENESULFONIC ACID, MONOPOTASSIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.30.92 4-Chloro-3-nitrobenzenesulfonic acid, monopotassium salt (CAS No. 6671– 49–4) (provided for in subheading 2904.90.47) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2113. 2-AMINO-5-NITROTHIAZOLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.46 2-Amino-5-nitrothiazole (CAS No. 121–66–4) (provided for in subheading 2934.10.90) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2114. 4-CHLORO-3-NITROBENZENESULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.30.04 4-Chloro-3-nitrobenzenesulfonic acid (CAS No. 121–18–6) (provided for in subheading 2904.90.47) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2115. 6-AMINO-1,3-NAPHTHALENEDISULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.21 6-Amino-1,3-naphthalenedisulfonic acid (CAS No. 118–33–2) (provided for in subheading 2921.45.90) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2116. 4-CHLORO-3-NITROBENZENESULFONIC ACID, MONOSODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.24 4-Chloro-3-nitrobenzenesulfonic acid, monosodium salt (CAS No. 17691–19– 9) (provided for in subheading 2904.90.40) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2117. 2-METHYL-5-NITROBENZENESULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.23 2-Methyl-5-nitrobenzenesulfonic acid (CAS No. 121–03–9) (provided for in subheading 2904.90.20) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2118. 6-AMINO-1,3-NAPHTHALENEDISULFONIC ACID, DISODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11563

‘‘ 9902.29.45 6-Amino-1,3-naphthalenedisulfonic acid, disodium salt (CAS No. 50976–35– 7) (provided for in subheading 2921.45.90) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2119. 2-AMINO-P-CRESOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.20 2-Amino-p-cresol (CAS No. 95–84–1) (provided for in subheading 2922.29.10) Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2120. 6-BROMO-2,4-DINITROANILINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.43 6-Bromo-2,4-dinitroaniline (CAS No. 1817–73–8) (provided for in subheading 2921.42.90) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2121. 7-ACETYLAMINO-4-HYDROXY-2-NAPHTHALENE-SULFONIC ACID, MONOSODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.29 7-Acetylamino-4-hydroxy-2-naphthalenesulfonic acid, monosodium salt (CAS No. 42360–29–2) (provided for in subheading 2924.29.70) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2122. TANNIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.01 Tannic acid (CAS No. 1401–55–4) (provided for in subheading 3201.90.10) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2123. 2-AMINO-5-NITROBENZENESULFONIC ACID, MONOSODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.53 2-Amino-5-nitrobenzenesulfonic acid, monosodium salt (CAS No. 30693–53– 9) (provided for in subheading 2921.42.90) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2124. 2-AMINO-5-NITROBENZENESULFONIC ACID, MONOAMMONIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.44 2-Amino-5-nitrobenzenesulfonic acid, monoammonium salt (CAS No. 4346– 51–4) (provided for in subheading 2921.42.90) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2125. 2-AMINO-5-NITROBENZENESULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.54 2-Amino-5-nitrobenzenesulfonic acid (CAS No. 96–75–3) (provided for in subheading 2921.42.90) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2126. 3-(4,5-DIHYDRO-3-METHYL-5-OXO-1H-PYRAZOL-1-YL)BENZENESULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.19 3-(4,5-Dihydro-3-methyl-5-oxo-1H-pyrazol-1-yl)benzenesulfonic acid (CAS No. 119–17–5) (provided for in subheading 2933.19.43) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2127. 4-BENZOYLAMINO-5-HYDROXY-2,7-NAPHTHA- LENEDISULFONIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.65 4-Benzoylamino-5-hydroxy-2,7-naphthalenedisulfonic acid (CAS No. 117– 46–4) (provided for in subheading 2924.29.75) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2128. 4-BENZOYLAMINO-5-HYDROXY-2,7-NAPHTHA- LENEDISULFONIC ACID, MONOSODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.72 4-Benzoylamino-5-hydroxy-2,7-naphthalenedisulfonic acid, monosodium salt (CAS No. 79873–39–5) (provided for in subheading 2924.29.70) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2129. PIGMENT YELLOW 151. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.04 Pigment Yellow 151 (CAS No. 031837–42–0) (provided for in subheading 3204.17.90) ...... 6.4% No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2130. PIGMENT YELLOW 181. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: H11564 CONGRESSIONAL RECORD — HOUSE October 20, 1998

‘‘ 9902.32.17 Pigment Yellow 181 (CAS No. 074441–05–7) (provided for in subheading 3204.17.60) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2131. PIGMENT YELLOW 154. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.18 Pigment Yellow 154 (CAS No. 068134–22–5) (provided for in subheading 3204.17.60) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2132. PIGMENT YELLOW 175. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.19 Pigment Yellow 175 (CAS No. 035636–63–6) (provided for in subheading 3204.17.60) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2133. PIGMENT YELLOW 180. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.20 Pigment Yellow 180 (CAS No. 77804–81–0) (provided for in subheading 3204.17.60) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2134. PIGMENT YELLOW 191. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.21 Pigment Yellow 191 (CAS No. 129423–54–7) (provided for in subheading 3204.17.60) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2135. PIGMENT RED 187. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following heading:

‘‘ 9902.32.22 Pigment Red 187 (CAS No. 59487–23–9) (provided for in subheading 3204.17.60) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2136. PIGMENT RED 247. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.23 Pigment Red 247 (CAS No. 43035-18-3) (provided for in subheading 3204.17.60) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2137. PIGMENT ORANGE 72. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.24 Pigment Orange 72 (CAS No. 78245–94–0) (provided for in subheading 3204.17.60) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2138. PIGMENT YELLOW 16. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.25 Pigment Yellow 16 (CAS No. 5979–28–2) (provided for in subheading 3204.17.04) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2139. PIGMENT RED 185. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following heading:

‘‘ 9902.32.26 Pigment Red 185 (CAS No. 51920–12–8) (provided for in subheading 3204.17.04) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2140. PIGMENT RED 208. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.27 Pigment Red 208 (CAS No. 31778–10–6) (provided for in subheading 3204.17.04) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2141. PIGMENT RED 188. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.28 Pigment Red 188 (CAS No. 61847–48–1) (provided for in subheading 3204.17.04) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11565 SEC. 2142. 2,6-DIMETHYL-M-DIOXAN-4-OL ACETATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.94 2,6-Dimethyl-m-dioxan-4-ol acetate (CAS No. 000828–00–2) (provided for in subheading 2932.99.90) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2143. β-BROMO-β-NITROSTYRENE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.92 β-Bromo-β-nitrostyrene (CAS No. 7166–19–0) (provided for in subheading 2904.90.47) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2144. TEXTILE MACHINERY. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.84.43 Ink-jet textile printing machinery (provided for in subheading 8443.51.10) Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2145. DELTAMETHRIN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.30.18 (S)-α-Cyano-3-phenoxybenzyl (1R,3R)-3-(2,2-dibromovinyl)-2,2- dimethylcyclopropanecarboxylate (deltamethrin) in bulk or in forms or packings for retail sale (CAS No. 52918–63–5) (provided for in subheading 2926.90.30 or 3808.10.25) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2146. DICLOFOP-METHYL. Heading 9902.30.16 is amended by striking ‘‘12/31/98’’ and inserting ‘‘12/31/2001’’. SEC. 2147. RESMETHRIN. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.29 ([5-(Phenylmethyl)-3-furanyl] methyl 2,2-dimethyl-3-(2-methyl-1-pro- penyl) cyclopropanecarboxylate (resmethrin) (CAS No. 10453–86–8) (pro- vided for in subheading 2932.19.10) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2148. N-PHENYL-N’-1,2,3-THIADIAZOL-5-YLUREA. (a) IN GENERAL.—Heading 9902.30.17 is amended by striking ‘‘12/31/98’’ and inserting ‘‘12/31/2001’’. (b) CONFORMING AMENDMENT.— Heading 9902.30.17 is amended by striking the chemical number and inserting the following: ‘‘N-Phenyl-N’ -1,2,3-thiadiazol-5-ylurea’’. SEC. 2149. (1R,3S)3[(1′RS)(1′,2′,2′,2′,-TETRABROMOETHYL)]-2,2-DIMETHYLCYCLOPROPANECARBOXYLIC ACID, (S)-ù-CYANO-3-PHENOXYBENZYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.30.19 (1R,3S)3[(1′RS)(1′,2′,2′,2′,-Tetrabromoethyl)]-2,2- dimethylcyclopropanecarboxylic acid (S)-α-cyano-3-phenoxybenzyl ester in bulk or in forms or packages for retail sale (CAS No. 66841–25–6) (pro- vided for in subheading 2926.90.30 or 3808.10.25) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2150. PIGMENT YELLOW 109. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.00 Pigment Yellow 109 (CAS No. 106276–79–3) (provided for in subheading 3204.17.04) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2151. PIGMENT YELLOW 110. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.05 Pigment Yellow 110 (CAS No. 106276–80–6) (provided for in subheading 3204.17.04) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2152. PIGMENT RED 177. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.30.58 Pigment Red 177 (CAS No. 4051–63–2) (provided for in subheading 3204.17.04) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2153. TEXTILE PRINTING MACHINERY. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.84.20 Textile printing machinery (provided for in subheading 8443.59.10) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2154. SUBSTRATES OF SYNTHETIC QUARTZ OR SYNTHETIC FUSED SILICA. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: H11566 CONGRESSIONAL RECORD — HOUSE October 20, 1998

‘‘ 9902.70.06 Substrates of synthetic quartz or synthetic fused silica imported in bulk or in forms or packages for retail sale (provided for in subheading 7006.00.40) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2155. 2-METHYL-4,6-BIS[(OCTYLTHIO)METHYL]PHENOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.14 2-Methyl-4,6- bis[(octylthio)methyl] phenol (CAS No. 110553–27–0) (pro- vided for in subheading 2930.90.29) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2156. 2-METHYL-4,6-BIS[(OCTYLTHIO)METHYL]PHENOL; EPOXIDIZED TRIGLYCERIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.12 2-Methyl-4,6- bis[(octylthio) methyl]phenol; epoxidized triglyceride (pro- vided for in subheading 3812.30.60) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2157. 4-[[4,6-BIS(OCTYLTHIO)-1,3,5-TRIAZIN-2-YL]AMINO] -2,6-BIS(1,1-DIMETHYLETHYL)PHENOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.30 4-[[4,6-Bis(octylthio)-1,3,5-triazin-2-yl]amino]-2,6-bis(1,1- dimethylethyl)phenol (CAS No. 991–84–4) (provided for in subheading 2933.69.60) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2158. (2-BENZOTHIAZOLYLTHIO)BUTANEDIOIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.31 (2-Benzothiazolylthio)butane-dioic acid (CAS No. 95154–01–1) (provided for in subheading 2934.20.40) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2159. CALCIUM BIS[MONOETHYL (3,5-DI-TERT-BUTYL-4-HYDROXYBENZYL) PHOSPHONATE]. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.16 Calcium bis[monoethyl (3,5-di-tert-butyl-4-hydroxybenzyl) phosphonate] (CAS No. 65140–91–2) (provided for in subheading 2931.00.30) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2160. 4-METHYL-£-OXO-BENZENEBUTANOIC ACID COMPD. WITH 4-ETHYLMORPHOLINE (2:1). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.26 4-Methyl-γ-oxo-benzenebutanoic acid compd. with 4-ethylmorpholine (2:1) (CAS No. 171054–89–0) (provided for in subheading 3824.90.28) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2161. WEAVING MACHINES. (a) IN GENERAL.—Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.84.46 Weaving machines (looms), shuttleless type, for weaving fabrics of a width exceeding 30 cm but not exceeding 4.9 m (provided for in sub- heading 8446.30.50), entered without off-loom or large loom take-ups, drop wires, heddles, reeds, harness frames, or beams ...... 3.5% No No On or be- change change fore 12/31/ ’’. 98

(b) ADJUSTMENT AFTER 1998.—Heading 9902.84.46, as added by subsection (a), is amended— (1) by striking ‘‘3.5%’’ and inserting ‘‘3.3%’’; and (2) by striking ‘‘12/31/98’’ and inserting ‘‘12/31/2001’’. (c) EFFECTIVE DATE.— (1) IN GENERAL.—The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of enactment of this Act and before January 1, 1999. (2) RATE ADJUSTMENT.—The amendment made by subsection (b) applies to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 1999.

SEC. 2162. TEXTILE DOUBLING OR TWISTING MACHINES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.84.45 Textile doubling or twisting machines (provided for in subheading 8445.30.00) ...... Free No No On or be- change change fore 12/31/ ’’. 98

SEC. 2163. CERTAIN WEAVING MACHINES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.84.10 Power weaving machines (looms), shuttle type, for weaving fabrics of a width exceeding 30 cm but not exceeding 4.9m (provided for in subheading 8446.21.50), if entered without off-loom or large loom take-ups, drop wires, heddles, reeds, harness frames or beams ...... Free No No On or be- change change fore 12/31/ ’’. 2001 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11567 SEC. 2164. DEMT. Heading 9902.32.12 is amended by striking ‘‘12/31/98’’ and inserting ‘‘12/31/2001’’. SEC. 2165. BENZENEPROPANAL, 4-(1,1-DIMETHYLETHYL)-ALPHA-METHYL-. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.57 Benzenepropanal, 4-(1,1-dimethylethyl)-alpha-methyl- (CAS No. 80–54–6) (provided for in subheading 2912.29.60) ...... 6% No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2166. 2H–3,1-BENZOXAZIN-2-ONE, 6-CHLORO-4-(CYCLO-PROPYLETHYNYL)-1,4-DIHYDRO-4-(TRIFLUOROMETHYL)-. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.56 2H–3,1-Benzoxazin-2-one, 6-chloro-4-(cyclopropylethynyl)-1,4-dihydro-4- (trifluoromethyl)- (CAS No. 154598–52–4) (provided for in subheading 2934.90.30) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2167. TEBUFENOZIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.32 N-tert-Butyl-N’-(4-ethylbenzoyl)-3,5-Dimethylbenzoylhydrazide (Tebufenozide) (CAS No. 112410-23-8) (provided for in subheading 2928.00.25) Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2168. HALOFENOZIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.36 Benzoic acid, 4-chloro-2-benzoyl-2-(1,1-dimethylethyl) hydrazide (Halofenozide) (CAS No. 112226-61-6) (provided for in subheading 2928.00.25) Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2169. CERTAIN ORGANIC PIGMENTS AND DYES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.07 Organic luminescent pigments and dyes for security applications exclud- ing daylight fluorescent pigments and dyes (provided for in subheading 3204.90.00) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2170. 4-HEXYLRESORCINOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.07 4-Hexylresorcinol (CAS No. 136–77–6) (provided for in subheading 2907.29.90) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2171. CERTAIN SENSITIZING DYES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.37 Polymethine photo-sensitizing dyes (provided for in subheadings 2933.19.30, 2933.19.90, 2933.90.24, 2934.10.90, 2934.20.40, 2934.90.20, and 2934.90.90) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2172. SKATING BOOTS FOR USE IN THE MANUFACTURE OF IN-LINE ROLLER SKATES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.64.05 Boots for use in the manufacture of in-line roller skates (provided for in subheadings 6402.19.90, 6403.19.40, 6403.19.70, and 6404.11.90) ...... Free No change No change On or be- fore 12/31/ ’’. 2001 SEC. 2173. DIBUTYLNAPHTHALENESULFONIC ACID, SODIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.34.02 Surface active preparation containing 30 percent or more by weight of dibutylnaphthalenesulfonic acid, sodium salt (CAS No. 25638–17–9) (pro- vided for in subheading 3402.90.30) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2174. O-(6-CHLORO-3-PHENYL-4-PYRIDAZINYL)-S-OCTYL-CARBONOTHIOATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.08 O-(6-Chloro-3-phenyl-4-pyridazinyl)-S-octyl-carbonothioate (CAS No. 55512–33–9) (provided for in subheading 3808.30.15) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2175. 4-CYCLOPROPYL-6-METHYL-2-PHENYLAMINOPY-RIMIDINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: H11568 CONGRESSIONAL RECORD — HOUSE October 20, 1998

‘‘ 9902.29.50 4-Cyclopropyl-6-methyl-2-phenylaminopyrimidine (CAS No. 121552–61–2) (provided for in subheading 2933.59.15) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2176. O,O-DIMETHYL-S-[5-METHOXY-2-OXO-1,3,4-THIADI-AZOL-3(2H)-YL-METHYL]-DITHIOPHOSPHATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.51 O,O-Dimethyl-S-[5-methoxy-2-oxo-1,3,4-thiadiazol-3(2H)-yl-methyl]- dithiophosphate (CAS No. 950–37–8) (provided for in subheading 2934.90.90) Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2177. ETHYL [2-(4-PHENOXYPHENOXY) ETHYL] CARBAMATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.52 Ethyl [2-(4-phenoxyphenoxy) ethyl] carbamate (CAS No. 79127–80–3) (pro- vided for in subheading 2924.10.80) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2178. [(2S,4R)/(2R,4S)]/[(2R,4R)/(2S,4S)]-1-[2-[4-(4-CHLORO-PHENOXY)-2-CHLOROPHENYL]-4-METHYL-1,3-DIOXOLAN-2-YL-METHYL]-1H-1,2,4-TRIAZOLE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.74 [(2S,4R)/(2R,4S)]/[(2R,4R)/ (2S,4S)]-1-[2-[4-(4-Chloro- phenoxy)-2- chlorophenyl]-4- methyl-1,3-dioxolan-2-yl- methyl]-1H-1,2,4-triazole (CAS No. 119446-68-3) (provided for in subheading 2934.90.12) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2179. 2,4-DICHLORO-3,5-DINITROBENZOTRIFLUORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.12 2,4-Dichloro-3,5-dinitrobenzotrifluoride (CAS No. 29091–09–6) (provided for in subheading 2910.90.20) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2180. 2-CHLORO-N-[2,6-DINITRO-4-(TRIFLUOROMETHYL) PHENYL]-N-ETHYL-6-FLUOROBENZENEMETHANAMINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.15 2-Chloro-N-[2,6-dinitro-4-(trifluoromethyl) phenyl]-N-ethyl-6- fluorobenzenemethanamine (CAS No. 62924–70–3) (provided for in sub- heading 2921.49.45) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2181. CHLOROACETONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.11 Chloroacetone (CAS No. 78–95–5) (provided for in subheading 2914.19.00) .... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2182. ACETIC ACID, [(5-CHLORO-8-QUINOLINYL)OXY]-, 1-METHYLHEXYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.60 Acetic acid, [(5-chloro-8-quinolinyl)oxy]-, 1-methylhexyl ester (CAS No. 99607–70–2) (provided for in subheading 2933.40.30) ...... Free No change No change On or be- fore ’’. 12/31/2001

SEC. 2183. PROPANOIC ACID, 2-[4-[(5-CHLORO-3-FLUORO-2-PYRIDINYL)OXY]PHENOXY]-, 2-PROPYNYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.19 Propanoic acid, 2-[4-[(5-chloro-3-fluoro-2-pyridinyl)oxy]phenoxy]-, 2- propynyl ester (CAS No. 105512–06–9) (provided for in subheading 2933.39.25) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2184. MUCOCHLORIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.18 Mucochloric acid (CAS No. 87–56–9) (provided for in subheading 2918.30.90) Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2185. CERTAIN ROCKET ENGINES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.84.12 Dual thrust chamber rocket engines each having a maximum static sea level thrust exceeding 3,550 kN and nozzle exit diameter exceeding 127 cm (provided for in subheading 8412.10.00) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2186. PIGMENT RED 144. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11569

‘‘ 9902.32.11 Pigment Red 144 (CAS No. 5280–78–4) (provided for in subheading 3204.17.04) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2187. PIGMENT ORANGE 64. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.09 Pigment Orange 64 (CAS No. 72102–84–2) (provided for in subheading 3204.17.60) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2188. PIGMENT YELLOW 95. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.08 Pigment Yellow 95 (CAS No. 5280–80–8) (provided for in subheading 3204.17.04) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2189. PIGMENT YELLOW 93. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.13 Pigment Yellow 93 (CAS No. 5580–57–4) (provided for in subheading 3204.17.04) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2190. (S)-N-[[5-[2-(2-AMINO-4,6,7,8-TETRAHYDRO-4-OXO-1H-PYRIMIDO[5,4-B] [1,4]THIAZIN-6-YL)ETHYL]-2-THIENYL]CARBONYL]-L-GLUTAMIC ACID, DIETHYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.33 (S)-N-[[5-[2-(2-Amino-4,6,7,8-tetrahydro-4-oxo-1H-pyrimido[5,4-b] [1,4]thiazin-6-yl)ethyl]-2-thienyl]carbonyl]-L-glutamic acid, diethyl ester (CAS No. 177575–19–8) (provided for in subheading 2934.90.90) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2191. 4-CHLOROPYRIDINE HYDROCHLORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.34 4-Chloropyridine hydrochloride (CAS No. 7379–35–3) (provided for in sub- heading 2933.39.61) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2192. 4-PHENOXYPYRIDINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.35 4-Phenoxypyridine (CAS No. 4783–86–2) (provided for in subheading 2933.39.61) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2193. (3S)-2,2-DIMETHYL-3-THIOMORPHOLINE CARBOXYLIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.36 (3S)-2,2-Dimethyl-3-thiomorpholine carboxylic acid (CAS No. 84915–43–5) (provided for in subheading 2934.90.90) ...... Free No No On or be- ’’. Change Change fore 12/31/ 2001 SEC. 2194. 2-AMINO-5-BROMO-6-METHYL-4(1H)-QUINAZOLI-NONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.37 2-Amino-5-bromo-6-methyl-4(1H)-quinazolinone (CAS No. 147149–89–1) (provided for in subheading 2933.59.70) ...... Free No No On or be- ’’. Change Change fore 12/31/ 2001 SEC. 2195. 2-AMINO-6-METHYL-5-(4-PYRIDINYLTHIO)-4(1H)-QUINAZOLINONE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.38 2-Amino-6-methyl-5-(4-pyridinylthio)-4(1H)-quinazolinone (CAS No. 147149–76–6) (provided for in subheading 2933.59.70) ...... Free No No On or be- ’’. Change Change fore 12/31/ 2001 SEC. 2196. (S)-N-[[5-[2-(2-AMINO-4,6,7,8-TETRAHYDRO-4-OXO-1H-PYRIMIDO[5,4-B][1,4]THIAZIN-6-YL)ETHYL]-2-THIENYL]CARBONYL]-L-GLUTAMIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: H11570 CONGRESSIONAL RECORD — HOUSE October 20, 1998

‘‘ 9902.32.39 (S)-N-[[5-[2-(2-Amino-4,6,7,8-tetrahydro-4-oxo-1H-pyrimido[5,4- b][1,4]thiazin-6-yl)ethyl]-2-thienyl]carbonyl]-L-glutamic acid (CAS No. 177575–17–6) (provided for in subheading 2934.90.90) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2197. 2-AMINO-6-METHYL-5-(4-PYRIDINYLTHIO)-4(1H)-QUINAZOLINONE DIHYDROCHLORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.40 2-Amino-6-methyl-5-(4-pyridinylthio)-4(1H)-quinazolinone dihydrochloride (CAS No. 152946–68–4) (provided for in subheading 2933.59.70) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2198. 3-(ACETYLOXY)-2-METHYLBENZOIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.41 3-(Acetyloxy)-2-methylbenzoic acid (CAS No. 168899–58–9) (provided for in subheading 2918.29.65) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2199. [R-(R*,R*)]-1,2,3,4-BUTANETETROL-1,4-DIMETH- ANESULFONATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.42 [R-(R*,R*)]-1,2,3,4-Butanetetrol-1,4-dimethanesulfonate (CAS No. 1947–62– 2) (provided for in subheading 2905.49.50) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2200. 9-[2-[[BIS [(PIVALOYLOXY)-METHOXY] PHOS- PHINYL]METHOXY] ETHYL]ADENINE (ALSO KNOWN AS ADEFOVIR DIPIVOXIL). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.01 9-[2-[[Bis [(pivaloyloxy)-methoxy] phosphinyl]- methoxy] ethyl]adenine (also known as Adefovir Dipivoxil) (CAS No. 142340–99–6) (provided for in subheading 2933.59.95) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2201. 9-[2-(R)-[[BIS[(ISOPROPOXY-CARBONYL)OXY- METHOXY]-PHOSPHINOYL]METHOXY]-PROPYL]- ADENINE FUMARATE (1:1). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.02 9-[2-(R)-[[Bis[(isopropoxy- carbonyl)oxymethoxy]- phosphinoyl]methoxy]- propyl]adenine fumarate (1:1) (CAS No. 202138-50-9) (provided for in sub- heading 2933.59.95) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2202. (R)-9-(2-PHOSPHONO-METHOXYPROPYL)ADE- NINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.03 (R)-9-(2-Phosphono- methoxypropyl)adenine (CAS No. 147127–20–6) (pro- vided for in subheading 2933.59.95) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2203. (R)-1,3-DIOXOLAN-2-ONE, 4-METHYL-. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.04 (R)-1,3-Dioxolan-2-one, 4-methyl- (CAS No. 16606–55–6) (provided for in subheading 2920.90.50) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2204. 9-(2-HYDROXYETHYL)ADENINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.05 9-(2-Hydroxyethyl)adenine (CAS No. 707–99–3) (provided for in subheading 2933.59.95) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2205. (R)-9H-PURINE-9-ETHANOL, 6-AMINO-α-METHYL-. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.06 (R)-9H-Purine-9-ethanol, 6-amino-α-methyl- (CAS No. 14047–28–0) (pro- vided for in subheading 2933.59.95) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2206. CHLOROMETHYL-2-PROPYL CARBONATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.07 Chloromethyl-2-propyl carbonate (CAS No. 35180–01–9) (provided for in subheading 2920.90.50) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11571 SEC. 2207. (R)-1,2-PROPANEDIOL, 3-CHLORO-. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.08 (R)-1,2-Propanediol, 3-chloro- (CAS No. 57090–45–6) (provided for in sub- heading 2905.50.60) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2208. OXIRANE, (S)-((TRIPHENYLMETHOXY)METHYL)-. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.09 Oxirane, (S)-((triphenylmethoxy)methyl)- (CAS No. 129940–50–7) (provided for in subheading 2910.90.20) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2209. CHLOROMETHYL PIVALATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.10 Chloromethyl pivalate (CAS No. 18997–19–8) (provided for in subheading 2915.90.50) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2210. DIETHYL (((P-TOLUENESULFONYL)OXY)-METHYL)PHOSPHONATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.11 Diethyl (((p-toluenesulfonyl)oxy)- methyl)phosphonate (CAS No. 31618–90– 3) (provided for in subheading 2931.00.30) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2211. (R)-9-(2-HYDROXYPROPYL)ADENINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.14 (R)-9-(2-Hydroxypropyl)adenine (CAS No. 14047–28–0) (provided for in sub- heading 2933.59.95) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2212. BETA HYDROXYALKYLAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.25 N,N,N’,N’-Tetrakis-(2-hydroxyethyl)-hexane diamide (beta hydroxyalkylamide) (CAS No. 6334–25–4) (provided for in subheading 3824.90.90) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2213. GRILAMID TR90. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.12 Dodecanedioic acid, polymer with 4,41-methylenebis (2- methylcyclohexanamine) (CAS No. 163800–66–6) (provided for in sub- heading 3908.90.70) ...... Free No change No change On or be- fore 12/31/ ’’. 2001 SEC. 2214. IN–W4280. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.51 2,4-Dichloro-5-hydroxy-phenylhydrazine (CAS No. 39807–21–1) (provided for in subheading 2928.00.25) ...... Free No change No change On or be- fore 12/31/ ’’. 2001 SEC. 2215. KL540. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.54 Methyl 4-trifluoromethoxyphenyl-N- (chlorocarbonyl) carbamate (CAS No. 173903–15–6) (provided for in subheading 2924.29.70) ...... Free No change No change On or be- fore 12/31/ ’’. 2001 SEC. 2216. METHYL THIOGLYCOLATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.55 Methyl thioglycolate (CAS No. 2365–48–2) (provided for in subheading 2930.90.90) ...... Free No change No change On or be- fore 12/31/ ’’. 2001 SEC. 2217. DPX–E6758. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: H11572 CONGRESSIONAL RECORD — HOUSE October 20, 1998

‘‘ 9902.33.59 Phenyl (4, 6-dimethoxy-pyrimidin-2-yl) carbamate (CAS No. 89392-03-0) (provided for in subheading 2933.59.70) ...... Free No change No change On or be- fore 12/31/ ’’. 2001

SEC. 2218. ETHYLENE, TETRAFLUORO COPOLYMER WITH ETHYLENE (ETFE). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.68 Ethylene-tetrafluoro ethylene copolymer (ETFE) (provided for in sub- heading 3904.69.50) ...... 3.3% No change No change On or be- fore 12/31/ ’’. 2001

SEC. 2219. 3-MERCAPTO-D-VALINE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.66 3-Mercapto-D-valine (CAS No. 52–67–5) (provided for in subheading 2930.90.45) ...... Free No change No change On or be- fore 12/31/ 2001 ’’.

SEC. 2220. P-ETHYLPHENOL. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.31.21 p-Ethylphenol (CAS No. 123–07–9) (provided for in subheading 2907.19.20) Free No change No change On or be- fore 12/31/ ’’. 2001

SEC. 2221. PANTERA. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.09 (+/¥)- Tetrahydrofurfuryl (R)-2-[4-(6-chloroquinoxalin-2-yloxy) phenoxy] propanoate (CAS No. 119738–06–6) (provided for in subheading 2909.30.40) and any mixtures containing such compound (provided for in subheading 3808.30) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2222. P-NITROBENZOIC ACID. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.70 p-Nitrobenzoic acid (CAS No. 62–23–7) (provided for in subheading 2916.39.45) ...... Free No change No change On or be- fore 12/31/ ’’. 2001

SEC. 2223. P-TOLUENESULFONAMIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.32.95 p-Toluenesulfonamide (CAS No. 70–55–3) (provided for in subheading 2935.00.95) ...... Free No change No change On or be- fore 12/31/ ’’. 2001

SEC. 2224. POLYMERS OF TETRAFLUOROETHYLENE, HEXAFLUOROPROPYLENE, AND VINYLIDENE FLUORIDE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.04 Polymers of tetrafluoroethylene (provided for in subheading 3904.61.00), hexafluoropropylene and vinylidene fluoride (provided for in subheading 3904.69.50) ...... Free No change No change On or be- fore 12/31/ ’’. 2001

SEC. 2225. METHYL 2-[[[[[4-(DIMETHYLAMINO)-6-(2,2,2- TRI- FLUOROETHOXY)-1,3,5-TRIAZIN-2-YL]- AMINO]- CARBONYL]AMINO]SULFONYL]-3-METHYL- BENZO- ATE (TRIFLUSULFURON METHYL). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.11 Methyl 2-[[[[[4- (dimethylamino)-6-(2,2,2- trifluoroethoxy)- 1,3,5-triazin-2- yl]- amino]carbonyl]- amino]sulfonyl]-3-methylbenzoate (triflusulfuron methyl) in mixture with application adjuvants. (CAS No. 126535–15–7) (pro- vided for in subheading 3808.30.15) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2226. CERTAIN MANUFACTURING EQUIPMENT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings: October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11573

‘‘ 9902.84.79 Calendaring or other rolling machines for rubber to be used in the production of radial tires designed for off-the-highway use and with a rim measuring 86 cm or more in diameter (provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40), numerically controlled, or parts thereof (provided for in subheading 8420.10.90, 8420.91.90 or 8420.99.90) and material holding devices or similar attachments thereto ...... Free No No On or be- change change fore 12/31/ 2001 9902.84.81 Shearing machines to be used to cut metallic tissue for use in the production of radial tires designed for off-the-highway use and with a rim measuring 86 cm or more in diameter (provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40), numerically controlled, or parts thereof (provided for in subheading 8462.31.00 or subheading 8466.94.85) ...... Free No No On or be- change change fore 12/31/ 2001 9902.84.83 Machine tools for working wire of iron or steel to be used in the production of radial tires designed for off-the-highway use and with a rim measuring 86 cm or more in diameter (provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40), numerically controlled, or parts thereof (provided for in subheading 8463.30.00 or 8466.94.85) ...... Free No No On or be- change change fore 12/31/ 2001 9902.84.85 Extruders to be used in the production of radial tires designed for off-the-highway use and with a rim measuring 86 cm or more in di- ameter (provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40), numerically controlled, or parts thereof (provided for in subheading 8477.20.00 or 8477.90.85) ...... Free No No On or be- change change fore 12/31/ 2001 9902.84.87 Machinery for molding, retreading, or otherwise forming uncured, unvulcanized rubber to be used in the production of radial tires de- signed for off-the-highway use and with a rim measuring 86 cm or more in diameter (provided for in subheading 4011.20.10 or sub- heading 4011.91.50 or subheading 4011.99.40), numerically controlled, or parts thereof (provided for in subheading 8477.51.00 or 8477.90.85) Free No No On or be- change change fore 12/31/ 2001 9902.84.89 Sector mold press machines to be used in the production of radial tires designed for off-the-highway use and with a rim measuring 86 cm or more in diameter (provided for in subheading 4011.20.10 or subheading 4011.91.50 or subheading 4011.99.40), numerically con- trolled, or parts thereof (provided for in subheading 8477.51.00 or subheading 8477.90.85) ...... Free No No On or be- change change fore 12/31/ 2001 9902.84.91 Sawing machines to be used in the production of radial tires de- signed for off-the-highway use and with a rim measuring 86 cm or more in diameter (provided for in subheading 4011.20.10 or sub- heading 4011.91.50 or subheading 4011.99.40), numerically controlled, or parts thereof (provided for in subheading 8465.91.00 or sub- heading 8466.92.50) ...... Free No No On or be- change change fore 12/31/ ’’. 2001

SEC. 2227. TEXTURED ROLLED GLASS SHEETS. Heading 9902.70.03 is amended by striking ‘‘12/31/98’’ and inserting ‘‘12/31/2001’’.

SEC. 2228. CERTAIN HIV DRUG SUBSTANCES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new headings:

‘‘ 9902.32.43 (S)-N-tert-butyl-1,2,3,4-tetrahydro-3-isoquinoline carboxamide hydro- chloride salt (CAS No. 149057–17–0)(provided for in subheading 2933.40.60) ..... Free No No On or change change before 6/ 30/99 9902.32.44 (S)-N-tert-butyl-1,2,3,4-tetrahydro-3-isoquinoline carboxamide sulfate salt (CAS No. 186537–30–4)(provided for in subheading 2933.40.60) ...... Free No No On or change change before 6/ 30/99 9902.32.45 (3S)-1,2,3,4-tetrahydroisoquinoline-3-carboxylic acid (CAS No. 74163–81– 8)(provided for in subheading 2933.40.60) ...... Free No No On or change change before 6/ ’’. 30/99

SEC. 2229. RIMSULFURON. (a) IN GENERAL.—Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.60 N-[[(4,6-Dimethoxy-2-pyrimidinyl)amino] carbonyl]-3-(ethylsulfonyl)-2- pyridinesulfonamide (CAS No. 122931–48–0) (provided for in subheading 2935.00.75) ...... 8% No No On or change change before 12/ ’’. 31/98

(b) RATE ADJUSTMENTS.— (1) RATE FOR 1999.—Heading 9902.33.60, as added by subsection (a), is amended— (A) by striking ‘‘8%’’ and inserting ‘‘7.3%’’; and H11574 CONGRESSIONAL RECORD — HOUSE October 20, 1998 (B) by striking ‘‘12/31/98’’ and inserting ‘‘12/31/99’’. (2) RATE FOR 2000.—Heading 9902.33.60, as added by subsection (a), is amended— (A) by striking ‘‘7.3%’’ and inserting ‘‘Free’’; and (B) by striking ‘‘12/31/99’’ and inserting ‘‘12/31/2000’’. (c) EFFECTIVE DATES.— (1) IN GENERAL.—The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act. (2) ADJUSTMENTS.— (A) RATE FOR 1999.—The amendments made by subsection (b)(1) apply to goods entered, or withdrawn from warehouse for consumption, after December 31, 1998. (B) RATE FOR 2000.—The amendments made by subsection (b)(2) apply to goods entered, or withdrawn from warehouse for consumption, after December 31, 1999. SEC. 2230. CARBAMIC ACID (V–9069). (a) IN GENERAL.—Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.61 ((3-((Dimethylamino)carbonyl)-2-pyridinyl)sulfonyl) carbamic acid, phenyl ester (CAS No. 112006–94–7) (provided for in subheading 2935.00.75) .. 9% No No On or be- change change fore 12/31/ ’’. 98

(b) RATE ADJUSTMENTS.— (1) RATE FOR 1999.—Heading 9902.33.61, as added by subsection (a), is amended— (A) by striking ‘‘9%’’ and inserting ‘‘8.3%’’; and (B) by striking ‘‘12/31/98’’ and inserting ‘‘12/31/99’’. (2) RATE FOR 2000.—Heading 9902.33.61, as added by subsection (a), is amended— (A) by striking ‘‘8.3%’’ and inserting ‘‘7.6%’’; and (B) by striking ‘‘12/31/99’’ and inserting ‘‘12/31/2000’’. (c) EFFECTIVE DATES.— (1) IN GENERAL.—The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act. (2) ADJUSTMENTS.— (A) RATE FOR 1999.—The amendments made by subsection (b)(1) apply to goods entered, or withdrawn from warehouse for consumption, after December 31, 1998. (B) RATE FOR 2000.—The amendments made by subsection (b)(2) apply to goods entered, or withdrawn from warehouse for consumption, after December 31, 1999. SEC. 2231. DPX–E9260. (a) IN GENERAL.—Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.63 3-(Ethylsulfonyl)-2-pyridinesulfonamide (CAS No. 117671–01–9) (provided for in subheading 2935.00.75) ...... 6% No change No change On or be- fore 12/31/ ’’. 99

(b) RATE ADJUSTMENT.—Heading 9902.33.63, as added by subsection (a), is amended— (1) by striking ‘‘6%’’ and inserting ‘‘5.3%’’; and (2) by striking ‘‘12/31/99’’ and inserting ‘‘12/31/2000’’. (c) EFFECTIVE DATES.— (1) IN GENERAL.—The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act. (2) ADJUSTMENT.—The amendments made by subsection (b) apply to goods entered, or withdrawn from warehouse for consumption, after December 31, 1999. SEC. 2232. ZIRAM. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.38.28 Ziram (provided for in subheading 3808.20.28) ...... Free No change No change On or be- fore 12/31/ 2001 ’’. SEC. 2233. FERROBORON. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.72.02 Ferroboron to be used for manufacturing amorphous metal strip (provided for in subheading 7202.99.50) ...... Free No change No change On or be- fore 12/31/ ’’. 2001 SEC. 2234. ACETIC ACID, [[2-CHLORO-4-FLUORO-5-[(TETRA- HYDRO-3-OXO-1H,3H-[1,3,4] THIADIAZOLO[3,4-A]PYRIDAZIN-1-YLIDENE)AMINO]PHENYL]- THIO]-, METHYL ESTER. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.29.65 Acetic acid, [[2-chloro-4-fluoro-5-[(tetrahydro-3-oxo-1H,3H-[1,3,4] thiadiazolo- [3,4-A]pyridazin-1-ylidene)amino]phenyl]thio]-, methyl ester (CAS No. 117337–19–6) (provided for in subheading 2934.90.15) ...... Free No change No change On or be- fore 12/31/ ’’. 2001 SEC. 2235. PENTYL[2-CHLORO-5-(CYCLOHEX-1-ENE-1,2-DI- CARBOXIMIDO)-4-FLUOROPHENOXY]ACETATE. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.66 Pentyl[2-chloro-5- (cyclohex-1-ene-1,2-dicarboximido)-4- fluorophenoxy]acetate (CAS No.87546-18-7) (provided for in subheading 2925.19.40) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2236. BENTAZON (3-ISOPROPYL)-1H-2,1,3-BENZO-THIADIAZIN-4(3H)-ONE-2,2-DIOXIDE). Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11575

‘‘ 9902.29.67 Bentazon (3-Isopropyl)-1H-2,1,3-benzothiadiazin-4(3H)-one-2,2-dioxide) (CAS No. 50723–80–3) (provided for in subheading 2934.90.11) ...... 5.0% No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2237. CERTAIN HIGH-PERFORMANCE LOUDSPEAKERS NOT MOUNTED IN THEIR ENCLOSURES. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.85.20 Loudspeakers not mounted in their enclosures (provided for in sub- heading 8518.29.80), the foregoing which meet a performance standard of not more than 1.5 dB for the average level of 3 or more octave bands, when such loudspeakers are tested in a reverberant chamber ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2238. PARTS FOR USE IN THE MANUFACTURE OF CERTAIN HIGH-PERFORMANCE LOUDSPEAKERS. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.85.21 Parts for use in the manufacture of loudspeakers of a type described in subheading 9902.85.20 (provided for in subheading 8518.90.80) ...... Free No No On or be- change change fore 12/31/ ’’. 2001 SEC. 2239. 5-TERTIARY BUTYL-ISOPHTHALIC ACID. (a) IN GENERAL.—Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.12 5-tertiary butyl-isophthalic acid (CAS No. 2359–09–3) (provided for in subheading 2917.39.70) ...... Free No change No change On or be- fore 12/31/ ’’. 2001 SEC. 2240. CERTAIN POLYMER. (a) IN GENERAL.—Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.39.07 A polymer of the following monomers: 1,4-benzenedicarboxylic acid, dimethyl ester (dimethyl terephthalate) (CAS No. 120-61-6); 1,3-Benzenedicarboxylic acid, 5-sulfo-, 1,3-dimethyl ester, sodium salt (sodium dimethyl sulfoisophthalate) (CAS No. 3965-55-7); 1,2- ethanediol (ethylene glycol) (CAS No. 107-21-1); and 1,2-propanediol (propylene glycol) (CAS No. 57-55-6); with terminal units from 2-(2- hydroxyethoxy) ethanesulfonic acid, sodium salt (CAS No. 53211-00- 0) (provided for in subheading 3907.99.00) ...... Free No change No change On or be- fore 12/31/ ’’. 2001 SEC. 2241. 2, (4-CHLOROPHENOL)-3-ETHYL-2, 5-DIHYDRO-5-OXO-4-PYRIDAZINE CARBOXYLIC ACID, POTASSIUM SALT. Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.33.16 2, (4-chlorophenol)-3-ethyl-2, 5-dihydro-5-oxo-4-pyridazine carboxylic acid, potassium salt (CAS No. 82697–71–0) (provided for in subheading 2933.90.79) Free No No On or be- change change fore 12/31/ ’’. 2001 CHAPTER 3—EFFECTIVE DATE available to watch producers under para- SEC. 2402. TARIFF TREATMENT FOR CERTAIN COMPONENTS OF SCIENTIFIC IN- SEC. 2301. EFFECTIVE DATE. graph (h)(iv) of additional U.S. note 5 to STRUMENTS AND APPARATUS. Except as otherwise provided in this sub- chapter 91. title, the amendments made by this subtitle ‘‘(d) The Secretary of Commerce and the (a) IN GENERAL.—U.S. note 6 of subchapter apply to goods entered, or withdrawn from Secretary of the Interior shall issue such X of chapter 98 of the Harmonized Tariff warehouse for consumption, after the date regulations, not inconsistent with the provi- Schedule of the United States is amended in that is 15 days after the date of enactment of sions of this note and additional U.S. note 5 subdivision (a) by adding at the end the fol- this Act. to chapter 91, as the Secretaries determine lowing new sentence: ‘‘The term ‘instru- Subtitle B—Other Trade Provisions necessary to carry out their respective du- ments and apparatus’ under subheading SEC. 2401. EXTENSION OF UNITED STATES INSU- ties under this note. Such regulations shall 9810.00.60 includes separable components of LAR POSSESSION PROGRAM. not be inconsistent with substantial trans- an instrument or apparatus listed in this (a) IN GENERAL.—The additional U.S. notes formation requirements but may define the subdivision that are imported for assembly to chapter 71 of the Harmonized Tariff circumstances under which articles of jew- in the United States in such instrument or Schedule of the United States are amended elry shall be deemed to be ‘units’ for pur- apparatus where the instrument or appara- by adding at the end the following new note: poses of the benefits, provisions, and limita- tus, due to its size, cannot be feasibly im- ‘‘3.(a) Notwithstanding any provision in tions of additional U.S. note 5 to chapter 91. ported in its assembled state.’’. additional U.S. note 5 to chapter 91, any arti- ‘‘(e) Notwithstanding any other provision (b) APPLICATION OF DOMESTIC EQUIVALENCY cle of jewelry provided for in heading 7113 of law, during the 2-year period beginning on TEST TO COMPONENTS.—U.S. note 6 of sub- which is the product of the Virgin Islands, January 1, 1999, any article of jewelry pro- chapter X of chapter 98 of the Harmonized Guam, or American Samoa (including any vided for in heading 7113 that is assembled in Tariff Schedule of the United States is such article which contains any foreign com- the Virgin Islands, Guam, or American amended— ponent) shall be eligible for the benefits pro- Samoa shall be treated as a product of the (1) by redesignating subdivisions (d) vided in paragraph (h) of additional U.S. note Virgin Islands, Guam, or American Samoa through (f) as subdivisions (e) through (g), 5 to chapter 91, subject to the provisions and for purposes of this note and General Note respectively; and limitations of that note and of paragraphs 3(a)(iv) of this Schedule.’’. (2) by inserting after subdivision (c) the (b), (c), and (d) of this note. following: ‘‘(b) Nothing in this note shall result in an (b) CONFORMING AMENDMENT.—General increase or a decrease in the aggregate Note 3(a)(iv)(A) of the Harmonized Tariff ‘‘(d)(i) If the Secretary of Commerce deter- amount referred to in paragraph (h)(iii) of, or Schedule of the United States is amended by mines under this U.S. note that an instru- the quantitative limitation otherwise estab- inserting ‘‘and additional U.S. note 3(e) of ment or apparatus is being manufactured in lished pursuant to the requirements of, addi- chapter 71,’’ after ‘‘Tax Reform Act of 1986,’’. the United States that is of equivalent sci- tional U.S. note 5 to chapter 91. (c) EFFECTIVE DATE.—The amendments entific value to a foreign-origin instrument ‘‘(c) Nothing in this note shall be con- made by this section take effect January 1, or apparatus for which application is made strued to permit a reduction in the amount 1999. (but which, due to its size, cannot be feasibly H11576 CONGRESSIONAL RECORD — HOUSE October 20, 1998 imported in its assembled state), the Sec- (b), shall be eligible under such subsection ‘‘(A) entry shall be completed and duty retary shall report the findings to the Sec- for refund, as drawback, of 99 percent of any (calculated at the applicable rates provided retary of the Treasury and to the applicant duty, tax, or fee imposed on the importation for under subheading 8903.91.00 or 8903.92.00 of institution, and all components of such for- of such material used to manufacture or the Harmonized Tariff Schedule of the eign-origin instrument or apparatus shall re- produce the packaging material.’’. United States and based upon the value of main dutiable. (b) EFFECTIVE DATE.—The amendment the large yacht at the time of importation) ‘‘(ii) If the Secretary of Commerce deter- made by this section applies with respect to shall be deposited with the Customs Service; mines that the instrument or apparatus for goods entered, or withdrawn from warehouse and which application is made is not being manu- for consumption, on or after the 15th day ‘‘(B) the bond posted as required by sub- factured in the United States, the Secretary after the date of the enactment of this Act. section (c)(2) shall be returned to the im- is authorized to determine further whether SEC. 2405. INCLUSION OF COMMERCIAL IMPOR- porter. any component of such instrument or appa- TATION DATA FROM FOREIGN- ‘‘(2) ADDITIONAL REQUIREMENTS.—No exten- ratus of a type that may be purchased, ob- TRADE ZONES UNDER THE NA- sions of the bond period shall be allowed. tained, or imported separately is being man- TIONAL CUSTOMS AUTOMATION PROGRAM. Any large yacht exported in compliance with ufactured in the United States and shall re- Section 411 of the Tariff Act of 1930 (19 the bond period may not be reentered for port the findings to the Secretary of the U.S.C. 1411) is amended by adding at the end purposes of sale at a boat show in the United Treasury and to the applicant institution, the following: States (in order to receive duty deferral ben- and any component found to be domestically ‘‘(c) FOREIGN-TRADE ZONES.—Not later efits) for a period of 3 months after such ex- available shall remain dutiable. than January 1, 2000, the Secretary shall pro- portation. ‘‘(iii) Any decision by the Secretary of the vide for the inclusion of commercial impor- ‘‘(f) REGULATIONS.—The Secretary of the Treasury which allows for duty-free entry of tation data from foreign-trade zones under Treasury is authorized to make such rules a component of an instrument or apparatus the Program.’’. and regulations as may be necessary to carry which, due to its size cannot be feasibly im- SEC. 2406. LARGE YACHTS IMPORTED FOR SALE out the provisions of this section.’’. ported in its assembled state, shall be effec- AT UNITED STATES BOAT SHOWS. (b) EFFECTIVE DATE.—The amendment tive for a specified maximum period, to be (a) IN GENERAL.—The Tariff Act of 1930 (19 made by subsection (a) shall apply with re- determined in consultation with the Sec- U.S.C. 1304 et seq.) is amended by inserting spect to any large yacht imported into the retary of Commerce, taking into account after section 484a the following: United States after the date that is 15 days both the scientific needs of the importing in- ‘‘SEC. 484b. DEFERRAL OF DUTY ON LARGE after the date of the enactment of this Act. stitution and the potential for development YACHTS IMPORTED FOR SALE AT of comparable domestic manufacturing ca- UNITED STATES BOAT SHOWS. SEC. 2407. REVIEW OF PROTESTS AGAINST DECI- pacity.’’. ‘‘(a) IN GENERAL.—Notwithstanding any SIONS OF CUSTOMS SERVICE. (c) MODIFICATIONS OF REGULATIONS.—The other provision of law, any vessel meeting Section 515(a) of the Tariff Act of 1930 (19 Secretary of the Treasury and the Secretary the definition of a large yacht as provided in U.S.C. 1515(a)) is amended by inserting after of Commerce shall make such modifications subsection (b) and which is otherwise duti- the third sentence the following: ‘‘Within 30 to their joint regulations as are necessary to able may be imported without the payment days from the date an application for further carry out the amendments made by this sec- of duty if imported with the intention to review is filed, the appropriate customs offi- tion. offer for sale at a boat show in the United cer shall allow or deny the application and, (d) EFFECTIVE DATE.—The amendments States. Payment of duty shall be deferred, in if allowed, the protest shall be forwarded to made by this section shall take effect begin- accordance with this section, until such the customs officer who will be conducting ning 120 days after the date of the enactment large yacht is sold. the further review.’’. ‘‘(b) DEFINITION.—As used in this section, of this Act. SEC. 2408. ENTRIES OF NAFTA-ORIGIN GOODS. the term ‘large yacht’ means a vessel that SEC. 2403. LIQUIDATION OR RELIQUIDATION OF (a) REFUND OF MERCHANDISE PROCESSING CERTAIN ENTRIES. exceeds 79 feet in length, is used primarily for recreation or pleasure, and has been pre- FEES.—Section 520(d) of the Tariff Act of 1930 (a) LIQUIDATION OR RELIQUIDATION OF EN- viously sold by a manufacturer or dealer to (19 U.S.C. 1520(d)) is amended in the matter TRIES.—Notwithstanding sections 514 and 520 a retail consumer. preceding paragraph (1) by inserting ‘‘(in- of the Tariff Act of 1930 (19 U.S.C. 1514 and ‘‘(c) DEFERRAL OF DUTY.—At the time of cluding any merchandise processing fees)’’ 1520), or any other provision of law, the importation of any large yacht, if such large after ‘‘excess duties’’. United States Customs Service shall, not yacht is imported for sale at a boat show in (b) PROTEST AGAINST DECISION OF CUSTOMS later than 90 days after the date of the enact- the United States and is otherwise dutiable, SERVICE RELATING TO NAFTA CLAIMS.—Sec- ment of this Act, liquidate or reliquidate duties shall not be assessed and collected if tion 514(a)(7) of such Act (19 U.S.C. 1514(a)(7)) those entries made at Los Angeles, Califor- the importer of record— is amended by striking ‘‘section 520(c)’’ and nia, and New Orleans, Louisiana, which are ‘‘(1) certifies to the Customs Service that inserting ‘‘subsection (c) or (d) of section listed in subsection (c), in accordance with the large yacht is imported pursuant to this 520’’. the final decision of the International Trade section for sale at a boat show in the United (c) EFFECTIVE DATE.—The amendments Administration of the Department of Com- States; and merce for shipments entered between Octo- made by this section apply with respect to ‘‘(2) posts a bond, which shall have a dura- goods entered, or withdrawn from warehouse ber 1, 1984, and December 14, 1987 (case num- tion of 6 months after the date of importa- ber A–274–001). for consumption, on or after the 15th day tion, in an amount equal to twice the after the date of the enactment of this Act. (b) PAYMENT OF AMOUNTS OWED.—Any amount of duty on the large yacht that amounts owed by the United States pursuant would otherwise be imposed under sub- SEC. 2409. TREATMENT OF INTERNATIONAL TRAVEL MERCHANDISE HELD AT to the liquidation or reliquidation of an heading 8903.91.00 or 8903.92.00 of the Har- entry under subsection (a) shall be paid by CUSTOMS-APPROVED STORAGE monized Tariff Schedule of the United ROOMS. the Customs Service within 90 days after States. Section 557(a)(1) of the Tariff Act of 1930 (19 such liquidation or reliquidation. ‘‘(d) PROCEDURES UPON SALE.— U.S.C. 1557(a)(1)) is amended in the first sen- (c) ENTRY LIST.—The entries referred to in ‘‘(1) DEPOSIT OF DUTY.—If any large yacht subsection (a) are the following: (which has been imported for sale at a boat tence by inserting ‘‘(including international travel merchandise)’’ after ‘‘Any merchan- Entry number Date of entry Port show in the United States with the deferral of duties as provided in this section) is sold dise subject to duty’’. 322 00298563 ...... 12/11/86 ..... Los Angeles, California within the 6-month period after importa- SEC. 2410. EXCEPTION TO 5-YEAR REVIEWS OF 0322 00300567 ..... 12/11/86 ..... Los Angeles, California tion— COUNTERVAILING DUTY OR ANTI- 86–2909242 ...... 9/2/86 ...... New Orleans, Louisiana ‘‘(A) entry shall be completed and duty DUMPING DUTY ORDERS. 87–05457388 ...... 1/9/87 ...... New Orleans, Louisiana (calculated at the applicable rates provided Section 751(c) of the Tariff Act of 1930 (19 SEC. 2404. DRAWBACK AND REFUND ON PACKAG- for under subheading 8903.91.00 or 8903.92.00 of U.S.C. 1675(c)) is amended by adding at the ING MATERIAL. the Harmonized Tariff Schedule of the end the following: (a) IN GENERAL.—Section 313(q) of the Tar- United States and based upon the value of ‘‘(7) EXCLUSIONS FROM COMPUTATIONS.— iff Act of 1930 (19 U.S.C. 1313(q)) is further the large yacht at the time of importation) ‘‘(A) IN GENERAL.—Subject to subparagraph amended— shall be deposited with the Customs Service; (B), there shall be excluded from the com- (1) by striking ‘‘Packaging material’’ and and putation of the 5-year period described in inserting the following: ‘‘(B) the bond posted as required by sub- paragraph (1) and the periods described in ‘‘(1) IN GENERAL.—Packaging material’’; section (c)(2) shall be returned to the im- paragraph (6) any period during which the and porter. importation of the subject merchandise is (2) by adding at the end the following: ‘‘(e) PROCEDURES UPON EXPIRATION OF BOND prohibited on account of the imposition, ‘‘(2) ADDITIONAL ELIGIBILITY.—Packaging PERIOD.— under the International Emergency Eco- material produced in the United States, ‘‘(1) IN GENERAL.—If the large yacht en- nomic Powers Act or other provision of law, which is used by the manufacturer or any tered with deferral of duties is neither sold of sanctions by the United States against the other person on or for articles which are ex- nor exported within the 6-month period after country in which the subject merchandise ported or destroyed under subsection (a) or importation— originates. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11577

‘‘(B) APPLICATION OF EXCLUSION.—Subpara- upon proper request filed with the Customs monized Tariff Schedule of the United States graph (A) shall apply only with respect to Service within 180 days after the date of en- and would have had a lower rate of duty, if subject merchandise which originates in a actment of this Act, any entry or withdrawal such entry or withdrawal had been made on country that is not a WTO member.’’. from warehouse for consumption— January 1, 1995, (1) that was made after December 31, 1988, SEC. 2411. WATER RESISTANT WOOL TROUSERS. and before January 1, 1995; and shall be liquidated or reliquidated as if such Notwithstanding section 514 of the Tariff (2) that would have been classifiable under entry or withdrawal had been made on Janu- Act of 1930 or any other provision of law, subheading 6203.41.05 or 6204.61.10 of the Har- ary 1, 1995.

SEC. 2412. REIMPORTATION OF CERTAIN GOODS. (a) IN GENERAL.—Subchapter I of chapter 98 is amended by inserting in numerical sequence the following new heading:

‘‘ 9801.00.26 Articles, previously imported, with respect to which the duty was paid upon such previous importation, if (1) exported within 3 years after the date of such previous importation, (2) sold for exportation and exported to individuals for personal use, (3) reimported without having been advanced in value or im- proved in condition by any process of manufacture or other means while abroad, (4) reimported as personal returns from those individuals, whether or not consolidated with other personal returns prior to reimportation, and (5) reimported by or for the account of the person who exported them from the United States within 1 year of such exportation ...... Free Free ’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) applies to goods described in heading 9801.00.26 of the Harmonized Tariff Schedule of the United States (as added by subsection (a)) that are reimported into the United States on or after the date that is 15 days after the date of enactment of this Act. SEC. 2413. TREATMENT OF PERSONAL EFFECTS OF PARTICIPANTS IN CERTAIN WORLD ATHLETIC EVENTS. (a) IN GENERAL.—Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

‘‘ 9902.98.08 Any of the following articles not intended for sale or distribution to the public: personal effects of aliens who are participants in, officials of, or accredited members of delegations to, the 1999 International Special Olympics, the 1999 Women’s World Cup Soccer, the 2001 International Special Olympics, the 2002 Salt Lake City Winter Olympics, and the 2002 Winter Paralympic Games, and of persons who are immediate family members of or servants to any of the foregoing persons; equipment and materials imported in connection with the foregoing events by or on be- half of the foregoing persons or the organizing committees of such events; articles to be used in exhibitions depicting the culture of a coun- try participating in any such event; and, if consistent with the foregoing, such other articles as the Secretary of Treasury may allow ...... Free No change Free On or be- fore 12/31/ ’’. 2002

(b) TAXES AND FEES NOT TO APPLY.—The (b) REQUESTS.—Reliquidation may be made articles described in heading 9902.98.08 of the under subsection (a) with respect to an entry Harmonized Tariff Schedule of the United described in subsection (d) only if a request Date of entry Entry number Liquidation date States (as added by subsection (a)) shall be therefor is filed with the Customs Service 04/22/97 ...... 112–9301602–6 ...... 09/26/97 free of taxes and fees which may be other- within 90 days after the date of enactment of 04/18/97 ...... 112–9301627–3 ...... 09/26/97 wise applicable. this Act and the request contains sufficient 04/21/97 ...... 112–9301615–8 ...... 09/26/97 (c) NO EXEMPTION FROM CUSTOMS INSPEC- information to enable the Customs Service 04/25/97 ...... 112–9302445–9 ...... 10/31/97 TIONS.—The articles described in heading 04/25/97 ...... 112–9302298–2 ...... 09/26/97 to locate the entry or reconstruct the entry 04/25/97 ...... 112–9302205–7 ...... 09/26/97 9902.98.08 of the Harmonized Tariff Schedule if it cannot be located. 04/04/97 ...... 112–9302371–7 ...... 09/26/97 of the United States (as added by subsection (c) PAYMENT OF AMOUNTS OWED.—Any 05/26/97 ...... 112–9305730–1 ...... 09/26/97 (a)) shall not be free or otherwise exempt or amounts owed by the United States pursuant 05/21/97 ...... 112–9305527–1 ...... 09/26/97 05/30/97 ...... 112–9306718–5 ...... 09/26/97 excluded from routine or other inspections to the liquidation or reliquidation of an 05/19/97 ...... 112–9304958–9 ...... 09/26/97 as may be required by the Customs Service. entry under subsection (a) shall be paid not 05/16/97 ...... 112–9305030–6 ...... 09/26/97 (d) EFFECTIVE DATE.—The amendment later than 180 days after the date of such liq- 05/07/97 ...... 112–9303702–2 ...... 09/26/97 05/09/97 ...... 112–9303707–1 ...... 09/26/97 made by this section applies to articles en- uidation or reliquidation. 05/10/97 ...... 112–9304256–8 ...... 09/26/97 tered, or withdrawn from warehouse, for con- (d) AFFECTED ENTRIES.—The entries re- 05/31/97 ...... 112–9306470–3 ...... 09/26/97 sumption on or after October 1, 1998. ferred to in subsection (a), filed at the port 05/02/97 ...... 112–9302717–1 ...... 09/19/97 06/20/97 ...... 112–9308793–6 ...... 09/26/97 SEC. 2414. RELIQUIDATION OF CERTAIN ENTRIES of Los Angeles, are as follows: 06/18/97 ...... 112–9308717–5 ...... 09/26/97 OF THERMAL TRANSFER MULTI- 06/16/97 ...... 112–9308538–5 ...... 09/26/97 FUNCTION MACHINES. 06/09/97 ...... 112–9307568–3 ...... 09/26/97 (a) IN GENERAL.—Notwithstanding section 06/06/97 ...... 112–9307144–3 ...... 09/26/97 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or Date of entry Entry number Liquidation date SEC. 2415. RELIQUIDATION OF CERTAIN DRAW- any other provision of law and subject to the BACK ENTRIES AND REFUND OF provisions of subsection (b), the United 01/17/97 ...... 112–9638417–3 ...... 02/21/97 DRAWBACK PAYMENTS. States Customs Service shall, not later than 01/10/97 ...... 112–9637684–9 ...... 03/07/97 01/03/97 ...... 112–9636723–6 ...... 04/18/97 (a) IN GENERAL.—Notwithstanding sections 180 days after the receipt of the request de- 01/07/97 ...... 112–9637561–9 ...... 04/25/97 514 and 520 of the Tariff Act of 1930 or any scribed in subsection (b), liquidate or reliq- 01/10/97 ...... 112–9637686–4 ...... 03/07/97 other provision of law, the Customs Service uidate each entry described in subsection (d) 02/21/97 ...... 112–9642157–9 ...... 09/12/97 02/14/97 ...... 112–9641619–9 ...... 06/06/97 shall, not later than 180 days after the date containing any merchandise which, at the 02/14/97 ...... 112–9641693–4 ...... 06/06/97 of enactment of this Act, liquidate or reliq- time of the original liquidation, was classi- 02/21/97 ...... 112–9642156–1 ...... 09/12/97 uidate the entries described in subsection (b) fied under subheading 8517.21.00 of the Har- 02/28/97 ...... 112–9643326–9 ...... 09/12/97 03/18/97 ...... 112–9645336–6 ...... 09/19/97 and any amounts owed by the United States monized Tariff Schedule of the United States 03/21/97 ...... 112–9645682–3 ...... 09/19/97 pursuant to the liquidation or reliquidation (relating to indirect electrostatic copiers) or 03/21/97 ...... 112–9645681–5 ...... 09/19/97 shall be refunded with interest, subject to subheading 9009.12.00 of such Schedule (relat- 03/21/97 ...... 112–9645698–9 ...... 09/19/97 03/14/97 ...... 112–9645026–3 ...... 09/19/97 the provisions of Treasury Decision 86–126(M) ing to indirect electrostatic copiers), at the 03/14/97 ...... 112–9645041–2 ...... 09/19/97 and Customs Service Ruling No. 224697, dated rate of duty that would have been applicable 03/20/97 ...... 112–9646075–9 ...... 09/19/97 November 17, 1994. 03/14/97 ...... 112–9645026–3 ...... 09/19/97 to such merchandise if the merchandise had (b) ENTRIES DESCRIBED.—The entries de- been liquidated or reliquidated under sub- 04/04/97 ...... 112–9647309–1 ...... 09/19/97 04/04/97 ...... 112–9647312–5 ...... 09/19/97 scribed in this subsection are the following: heading 8471.60.65 of the Harmonized Tariff 04/04/97 ...... 112–9647316–6 ...... 09/19/97 Schedule of the United States (relating to 04/11/97 ...... 112–9300151–5 ...... 10/31/97 other automated data processing (ADP) ther- 04/11/97 ...... 112–9300287–7 ...... 09/26/97 Entry number: Date of entry: 04/11/97 ...... 112–9300308–1 ...... 02/20/98 855218319 ...... July 18, 1985 mal transfer printer units) on the date of 04/10/97 ...... 112–9300356–0 ...... 09/26/97 855218429 ...... August 15, 1985 entry. 04/16/97 ...... 112–9301387–4 ...... 09/26/97 855218649 ...... September 13, 1985 H11578 CONGRESSIONAL RECORD — HOUSE October 20, 1998 866000134 ...... October 4, 1985 ation Act of 1985 (19 U.S.C. 58c) is amended (ii) in subclause (II) by striking the period 866000257 ...... November 14, 1985 and inserting ‘‘, or’’; and 866000299 ...... December 9, 1985 by adding at the end the following: 866000451 ...... January 14, 1986 ‘‘(k) ADVISORY COMMITTEE.—The Commis- (iii) by adding after subclause (II) the fol- 866001052 ...... February 13, 1986 sioner of Customs shall establish an advisory lowing: 866001133 ...... March 7, 1986 ‘‘(III) an article of the same kind and qual- 866001269 ...... April 9, 1986 committee whose membership shall consist 866001366 ...... May 9, 1986 of representatives from the airline, cruise ity as described in subparagraph (B), or any 866001463 ...... June 6, 1986 ship, and other transportation industries combination thereof, that is transferred, as 866001573 ...... July 7, 1986 so certified in a certificate of delivery or cer- 866001586 ...... July 7, 1986 who may be subject to fees under subsection 866001599 ...... July 7, 1986 (a). The advisory committee shall not be sub- tificate of manufacture and delivery in a 866001913 ...... August 8, 1986 ject to termination under section 14 of the quantity not greater than the quantity of ar- 866002255 ...... September 10, 1986 ticles purchased or exchanged. 866002297 ...... September 23, 1986 Federal Advisory Committee Act. The advi- 03200000010 ...... October 3, 1986 sory committee shall meet on a periodic The transferred merchandise described in 03200000028 ...... November 13, 1986 basis and shall advise the Commissioner on subclause (III), regardless of its origin, so 03200000036 ...... November 26, 1986. issues related to the performance of the designated on the certificate of delivery or SEC. 2416. CLARIFICATION OF ADDITIONAL U.S. inspectional services of the United States certificate of manufacture and delivery shall NOTE 4 TO CHAPTER 91 OF THE HAR- Customs Service. Such advice shall include, be the qualified article for purposes of this MONIZED TARIFF SCHEDULE OF THE section. A party who issues a certificate of UNITED STATES. but not be limited to, such issues as the time periods during which such services should be delivery, or certificate of manufacture and Additional U.S. note 4 of chapter 91 of the delivery, shall also certify to the Commis- Harmonized Tariff Schedule of the United performed, the proper number and deploy- ment of inspection officers, the level of fees, sioner of Customs that it has not, and will States is amended in the matter preceding not, issue such certificates for a quantity subdivision (a), by striking the comma after and the appropriateness of any proposed fee. The Commissioner shall give consideration greater than the amount eligible for draw- ‘‘stamping’’ and inserting ‘‘(including by back and that appropriate records will be means of indelible ink),’’. to the views of the advisory committee in the exercise of his or her duties.’’. maintained to demonstrate that fact.’’; SEC. 2417. DUTY-FREE SALES ENTERPRISES. (e) NATIONAL CUSTOMS AUTOMATION TEST (2) in subparagraph (B), by striking ‘‘ex- Section 555(b)(2) of the Tariff Act of 1930 (19 REGARDING RECONCILIATION.—Section 505(c) ported article’’ and inserting ‘‘article, in- U.S.C. 1555(b)(2)) is amended— of the Tariff Act of 1930 (19 U.S.C. 1505(c)) is cluding an imported, manufactured, sub- (1) in subparagraph (B), by striking the pe- amended by adding at the end the following: stituted, or exported article,’’; and riod at the end and inserting ‘‘; or’’; and ‘‘For the period beginning on October 1, 1998, (3) in the first sentence of subparagraph (2) by adding at the end the following new and ending on the date on which the ‘Revised (C), by striking ‘‘such article.’’ and inserting subparagraph: National Customs Automation Test Regard- ‘‘either the qualified article or the exported ‘‘(C) a port of entry, as established under ing Reconciliation’ of the Customs Service is article.’’. section 1 of the Act of August 24, 1912 (37 (d) LIMITATION ON DRAWBACK.—Section terminated, or October 1, 2000, whichever oc- Stat. 434) or 25 statute miles of a staffed port 313(p)(4)(B) of such Act (19 U.S.C. curs earlier, the Secretary may prescribe an of entry if reasonable assurance can be pro- 1313(p)(4)(B)) is amended by inserting before alternative mid-point interest accounting vided that duty-free merchandise sold by the the period at the end the following: ‘‘had the methodology, which may be employed by the enterprise will be exported by individuals de- claim qualified for drawback under sub- importer, based upon aggregate data in lieu parting from the customs territory through section (j)’’. of accounting for such interest from each de- an international airport located within the (e) EFFECTIVE DATE.—The amendments posit data provided in this subsection.’’. customs territory.’’. made by this section shall take effect as if (f) EFFECTIVE DATE.—The amendments included in the amendment made by section SEC. 2418. CUSTOMS USER FEES. made by this section shall take effect 30 days (a) ADDITIONAL PRECLEARANCE ACTIVI- 632(a)(6) of the North American Free Trade after the date of the enactment of this Act. TIES.—Section 13031(f)(3)(A)(iii) of the Con- Agreement Implementation Act. For pur- solidated Omnibus Budget Reconciliation SEC. 2419. DUTY DRAWBACK FOR METHYL TER- poses of section 632(b) of that Act, the 3-year TIARY-BUTYL ETHER (‘‘MTBE’’). Act of 1985 (19 U.S.C. 58c(f)(3)(A)(iii)) is requirement set forth in section 313(r) of the N ENERAL Tariff Act of 1930 shall not apply to any amended to read as follows: (a) I G .—Section 313(p)(3)(A)(i)(I) drawback claim filed within 6 months after ‘‘(iii) to the extent funds remain available of the Tariff Act of 1930 (19 U.S.C. the date of the enactment of this Act for after making reimbursements under clause 1313(p)(3)(A)(i)(I)) is amended by striking which that 3-year period would have expired. (ii), in providing salaries for up to 50 full- ‘‘and 2902’’ and inserting ‘‘2902, and time equivalent inspectional positions to 2909.19.14’’. SEC. 2421. DUTY ON CERTAIN IMPORTATIONS OF MUESLIX CEREALS. provide preclearance services.’’. (b) EFFECTIVE DATE.—The amendment (a) BEFORE JANUARY 1, 1996.—Notwith- (b) COLLECTION OF FEES FOR PASSENGERS made by this section shall take effect on the date of the enactment of this Act, and shall standing section 514 of the Tariff Act of 1930 ABOARD COMMERCIAL VESSELS.—Section 13031 (19 U.S.C. 1514) or any other provision of law, of the Consolidated Omnibus Budget Rec- apply to drawback claims filed on and after such date. upon proper request filed with the Customs onciliation Act of 1985 (19 U.S.C. 58c) is Service before the 90th day after the date of amended— SEC. 2420. SUBSTITUTION OF FINISHED PETRO- LEUM DERIVATIVES. the enactment of this Act, any entry or (1) in subsection (a), by amending para- withdrawal from warehouse for consumption (a) IN GENERAL.—Section 313(p)(1) of the graph (5) to read as follows: made after December 31, 1991, and before Tariff Act of 1930 (19 U.S.C. 1313(p)(1)) is ‘‘(5)(A) Subject to subparagraph (B), for the January 1, 1996, of mueslix cereal, which was amended in the matter following subpara- arrival of each passenger aboard a commer- classified under the special rate ap- graph (C) by striking ‘‘the amount of the du- cial vessel or commercial aircraft from a plicable for Canada in subheading 2008.92.10 place outside the United States (other than a ties paid on, or attributable to, such quali- of the Harmonized Tariff Schedule of the place referred to in subsection (b)(1)(A)(i) of fied article shall be refunded as drawback to United States— this section), $5. the drawback claimant.’’ and inserting (1) shall be liquidated or reliquidated as if ‘‘(B) For the arrival of each passenger ‘‘drawback shall be allowed as described in the special column rate applicable for Can- aboard a commercial vessel from a place re- paragraph (4).’’. ada in subheading 1904.10.00 of such Schedule ferred to in subsection (b)(1)(A)(i) of this sec- (b) REQUIREMENTS.—Section 313(p)(2) of applied at the time of such entry or with- tion, $1.75’’; and such Act (19 U.S.C. 1313(p)(2)) is amended— drawal; and (2) in subsection (b)(1)(A), by striking ‘‘(A) (1) in subparagraph (A)— (2) any excess duties paid as a result of No fee’’ and inserting ‘‘(A) Except as pro- (A) in clauses (i), (ii), and (iii), by striking such liquidation or reliquidation shall be re- vided in subsection (a)(5)(B) of this section, ‘‘the qualified article’’ each place it appears funded, including interest at the appropriate no fee’’. and inserting ‘‘a qualified article’’; and applicable rate. (c) USE OF MERCHANDISE PROCESSING FEES (B) in clause (iv), by striking ‘‘an im- (b) AFTER DECEMBER 31, 1995.—Notwith- FOR AUTOMATED COMMERCIAL SYSTEMS.—Sec- ported’ and inserting ‘‘a’’; and standing section 514 of the Tariff Act of 1930 tion 13031(f) of the Consolidated Omnibus (2) in subparagraph (G), by inserting (19 U.S.C. 1514) or any other provision of law, Budget Reconciliation Act of 1985 (19 U.S.C. ‘‘transferor,’’ after ‘‘importer,’’. upon proper request filed with the Customs 58c(f)) is amended by adding at the end the (c) QUALIFIED ARTICLE DEFINED, ETC.—Sec- Service before the 90th day after the date of following: tion 313(p)(3) of such Act (19 U.S.C. 1313(p)(3)) the enactment of this Act, any entry or ‘‘(6) Of the amounts collected in fiscal year is amended— withdrawal from warehouse for consumption 1999 under paragraphs (9) and (10) of sub- (1) in subparagraph (A)— made after December 31, 1995, and before section (a), $50,000,000 shall be available to (A) in clause (i)(II), by striking ‘‘liquids, January 1, 1998, of mueslix cereal, which was the Customs Service, subject to appropria- pastes, powders, granules, and flakes’’ and classified under the special column rate ap- tions Acts, for automated commercial sys- inserting ‘‘the primary forms provided under plicable for Canada in subheading 1904.20.10 tems. Amounts made available under this Note 6 to chapter 39 of the Harmonized Tariff of the Harmonized Tariff Schedule of the paragraph shall remain available until ex- Schedule of the United States’’; and United States— pended.’’. (B) in clause (ii)— (1) shall be liquidated or reliquidated as if (d) ADVISORY COMMITTEE.—Section 13031 of (i) in subclause (I) by striking ‘‘or’’ at the the special column rate applicable for Can- the Consolidated Omnibus Budget Reconcili- end; ada in subheading 1904.10.00 of such Schedule October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11579

applied at the time of such entry or with- lia would enable the United States to avail (b) CLARIFICATION OF ASSUMPTION OF LI- drawal; and itself of all rights under the World Trade Or- ABILITY.— (2) any excess duties paid as a result of ganization with respect to Mongolia; and (1) IN GENERAL.—Section 357 of the Internal such liquidation or reliquidation shall be re- (7) has demonstrated a strong desire to Revenue Code of 1986 is amended by adding funded, including interest at the appropriate build friendly relationships and to cooperate at the end the following new subsection: applicable rate. fully with the United States on trade mat- ‘‘(d) DETERMINATION OF AMOUNT OF LIABIL- SEC. 2422. EXPANSION OF FOREIGN TRADE ZONE ters. ITY ASSUMED.— NO. 143. (b) TERMINATION OF APPLICATION OF TITLE ‘‘(1) IN GENERAL.—For purposes of this sec- (a) EXPANSION OF FOREIGN TRADE ZONE.— IV OF THE TRADE ACT OF 1974 TO MONGOLIA.— tion, section 358(d), section 362(d), section The Foreign Trade Zones Board shall expand (1) PRESIDENTIAL DETERMINATIONS AND EX- 368(a)(1)(C), and section 368(a)(2)(B), except Foreign Trade Zone No. 143 to include areas TENSIONS OF NONDISCRIMINATORY TREAT- as provided in regulations— in the vicinity of the Chico Municipal Air- MENT.—Notwithstanding any provision of ‘‘(A) a recourse liability (or portion there- port in accordance with the application sub- title IV of the Trade Act of 1974 (19 U.S.C. of) shall be treated as having been assumed mitted by the Sacramento-Yolo Port Dis- 2431 et seq.), the President may— if, as determined on the basis of all facts and trict of Sacramento, California, to the Board (A) determine that such title should no circumstances, the transferee has agreed to, on March 11, 1997. longer apply to Mongolia; and and is expected to, satisfy such liability (or (b) OTHER REQUIREMENTS NOT AFFECTED.— (B) after making a determination under portion), whether or not the transferor has The expansion of Foreign Trade Zone No. 143 subparagraph (A) with respect to Mongolia, been relieved of such liability; and under subsection (a) shall not relieve the proclaim the extension of nondiscriminatory ‘‘(B) except to the extent provided in para- Port of Sacramento of any requirement treatment (normal trade relations treat- graph (2), a nonrecourse liability shall be under the Foreign Trade Zones Act, or under ment) to the products of that country. treated as having been assumed by the trans- regulations of the Foreign Trade Zones (2) TERMINATION OF APPLICATION OF TITLE feree of any asset subject to such liability. Board, relating to such expansion. IV.—On or after the effective date of the ex- ‘‘(2) EXCEPTION FOR NONRECOURSE LIABIL- SEC. 2423. MARKING OF CERTAIN SILK PROD- tension under paragraph (1)(B) of non- ITY.—The amount of the nonrecourse liabil- UCTS AND CONTAINERS. discriminatory treatment to the products of ity treated as described in paragraph (1)(B) (a) IN GENERAL.—Section 304 of the Tariff Mongolia, title IV of the Trade Act of 1974 shall be reduced by the lesser of— Act of 1930 (19 U.S.C. 1304) is amended— shall cease to apply to that country. ‘‘(A) the amount of such liability which an (1) by redesignating subsections (h), (i), (j), owner of other assets not transferred to the SEC. 2425. ENHANCED CARGO INSPECTION PILOT transferee and also subject to such liability and (k) as subsections (i), (j), (k), and (l), re- PROGRAM. has agreed with the transferee to, and is ex- spectively; and (a) IN GENERAL.—The Commissioner of the pected to, satisfy, or (2) by inserting after subsection (g) the fol- Customs Service is authorized to establish a ‘‘(B) the fair market value of such other lowing new subsection: 1-year pilot program for fiscal year 1999 to assets (determined without regard to section ‘‘(h) MARKING OF CERTAIN SILK PRODUCTS.— provide 24-hour cargo inspection service on a 7701(g)). The marking requirements of subsections (a) fee-for-service basis at an international air- ‘‘(3) REGULATIONS.—The Secretary shall and (b) shall not apply either to— port described in subsection (b). The Com- prescribe such regulations as may be nec- ‘‘(1) articles provided for in subheading missioner may extend the pilot program for essary to carry out the purposes of this sub- 6214.10.10 of the Harmonized Tariff Schedule fiscal years after fiscal year 1999 if the Com- section and section 362(d). The Secretary of the United States, as in effect on January missioner determines that the extension is may also prescribe regulations which provide 1, 1997; or warranted. that the manner in which a liability is treat- ‘‘(2) goods provided for in heading 5007 of (b) AIRPORT DESCRIBED.—The international ed as assumed under this subsection is ap- the Harmonized Tariff Schedule of the airport described in this subsection is a plied, where appropriate, elsewhere in this United States, as in effect on January 1, multi-modal international airport that— title.’’ 1997.’’. (1) is located adjacent to a seaport; and (2) LIMITATION ON BASIS INCREASE ATTRIB- (b) CONFORMING AMENDMENT.—Section (2) serviced more than 185,000 tons of air UTABLE TO ASSUMPTION OF LIABILITY.—Sec- 304(j) of such Act, as redesignated by sub- cargo in 1997. section (a)(1) of this section, is amended by tion 362 of such Code is amended by adding SEC. 2426. PAYMENT OF EDUCATION COSTS OF at the end the following new subsection: striking ‘‘subsection (h)’’ and inserting ‘‘sub- DEPENDENTS OF CERTAIN CUSTOMS ‘‘(d) LIMITATION ON BASIS INCREASE ATTRIB- section (i)’’. SERVICE PERSONNEL. UTABLE TO ASSUMPTION OF LIABILITY.— (c) EFFECTIVE DATE.—The amendments Notwithstanding section 2164 of title 10, made by this section apply to goods entered, ‘‘(1) IN GENERAL.—In no event shall the United States Code, the Department of De- basis of any property be increased under sub- or withdrawn from warehouse for consump- fense shall permit the dependent children of tion, on or after the date of the enactment of section (a) or (b) above the fair market value deceased United States Customs Aviation of such property (determined without regard this Act. Group Supervisor Pedro J. Rodriquez attend- SEC. 2424. EXTENSION OF NONDISCRIMINATORY to section 7701(g)) by reason of any gain rec- ing the Antilles Consolidated School System ognized to the transferor as a result of the TREATMENT (NORMAL TRADE RELA- at Ford Buchanan, Puerto Rico, to complete TIONS TREATMENT) TO THE PROD- assumption of a liability. their primary and secondary education at UCTS OF MONGOLIA. ‘‘(2) TREATMENT OF GAIN NOT SUBJECT TO this school system without cost to such chil- (a) FINDINGS.—The Congress finds that TAX.—Except as provided in regulations, if— Mongolia— dren or any parent, relative, or guardian of ‘‘(A) gain is recognized to the transferor as (1) has received normal trade relations such children. The United States Customs a result of an assumption of a nonrecourse li- treatment since 1991 and has been found to Service shall reimburse the Department of ability by a transferee which is also secured be in full compliance with the freedom of Defense for reasonable education expenses to by assets not transferred to such transferee; emigration requirements under title IV of cover these costs. and the Trade Act of 1974; TITLE III—AMENDMENTS TO INTERNAL ‘‘(B) no person is subject to tax under this (2) has emerged from nearly 70 years of REVENUE CODE OF 1986 title on such gain, communism and dependence on the former SEC. 3001. PROPERTY SUBJECT TO A LIABILITY then, for purposes of determining basis under Soviet Union, approving a new constitution TREATED IN SAME MANNER AS AS- subsections (a) and (b), the amount of gain in 1992 which has established a modern par- SUMPTION OF LIABILITY. recognized by the transferor as a result of liamentary democracy charged with guaran- (a) REPEAL OF PROPERTY SUBJECT TO A LI- the assumption of the liability shall be de- teeing fundamental human rights, freedom ABILITY TEST.— termined as if the liability assumed by the of expression, and an independent judiciary; (1) SECTION 357.—Section 357(a)(2) of the In- transferee equaled such transferee’s ratable (3) has held 4 national elections under the ternal Revenue Code of 1986 (relating to as- portion of such liability determined on the new constitution, 2 presidential and 2 par- sumption of liability) is amended by striking basis of the relative fair market values (de- liamentary, thereby solidifying the nation’s ‘‘, or acquires from the taxpayer property termined without regard to section 7701(g)) transition to democracy; subject to a liability’’. of all of the assets subject to such liability.’’. (4) has undertaken significant market- (2) SECTION 358.—Section 358(d)(1) of such (c) APPLICATION TO PROVISIONS OTHER THAN based economic reforms, including privatiza- Code (relating to assumption of liability) is SUBCHAPTER C.— tion, the reduction of government subsidies, amended by striking ‘‘or acquired from the (1) SECTION 584.—Section 584(h)(3) of the In- the elimination of most price controls and taxpayer property subject to a liability’’. ternal Revenue Code of 1986 is amended— virtually all import tariffs, and the closing (3) SECTION 368.— (A) by striking ‘‘, and the fact that any of insolvent banks; (A) Section 368(a)(1)(C) of such Code is property transferred by the common trust (5) has concluded a bilateral trade treaty amended by striking ‘‘, or the fact that prop- fund is subject to a liability,’’ in subpara- with the United States in 1991, and a bilat- erty acquired is subject to a liability,’’. graph (A); and eral investment treaty in 1994; (B) The last sentence of section 368(a)(2)(B) (B) by striking clause (ii) of subparagraph (6) has acceded to the Agreement Estab- of such Code is amended by striking ‘‘, and (B) and inserting: lishing the World Trade Organization, and the amount of any liability to which any ‘‘(ii) ASSUMED LIABILITIES.—For purposes of extension of unconditional normal trade re- property acquired from the acquiring cor- clause (i), the term ‘assumed liabilities’ lations treatment to the products of Mongo- poration is subject,’’. means any liability of the common trust H11580 CONGRESSIONAL RECORD — HOUSE October 20, 1998 fund assumed by any regulated investment States. Specifically, the bill provides ongoing efforts to make government company in connection with the transfer re- the necessary resources to allow Cus- work better and be more responsive to ferred to in paragraph (1)(A). toms to continue to dedicate inspectors the public, and I encourage my col- ‘‘(C) ASSUMPTION.—For purposes of this at airports in Canada, Bermuda and the leagues to support this bipartisan paragraph, in determining the amount of any liability assumed, the rules of section 357(d) Bahamas to facilitate the transit of package. shall apply.’’ U.S. bound air passengers before they Mr. Speaker, I reserve the balance of (2) SECTION 1031.—The last sentence of sec- reach the United States. The bill also my time. tion 1031(d) of such Code is amended— provides the necessary resources to Mr. MATSUI. Mr. Speaker, I yield (A) by striking ‘‘assumed a liability of the allow Customs to continue to dedicate myself such time as I may consume. taxpayer or acquired from the taxpayer prop- inspectors to facilitate the transit of Mr. Speaker, I would just like to reit- erty subject to a liability’’ and inserting ‘‘as- vessel passengers arriving at our sea- erate some of the comments made by sumed (as determined under section 357(d)) a ports. These enhanced services will be the gentleman from Illinois as the sub- liability of the taxpayer’’; and provided out of the surplus in a specifi- (B) by striking ‘‘or acquisition (in the committee chair of the Subcommittee amount of the liability)’’. cally dedicated Customs user fee ac- on International Trade of the Commit- (d) CONFORMING AMENDMENTS.— count. In addition, the bill assesses a tee on Ways and Means. This is essen- (1) Section 351(h)(1) of the Internal Reve- $1.75 user fee on affected cruise ship tially four noncontroversial bills. They nue Code of 1986 is amended by striking ‘‘, or passengers who currently pay nothing all had either hearings, markups in the acquires property subject to a liability,’’. to the user fee account to offset the full committee or subcommittee, and (2) Section 357 of such Code is amended by cost of providing dedicated cruise ship some of the bills actually passed the striking ‘‘or acquisition’’ each place it ap- passenger service. House of Representatives. The first pears in subsection (a) or (b). The third section of the bill author- (3) Section 357(b)(1) of such Code is amend- piece of legislation under the title is ed by striking ‘‘or acquired’’. izes the President to determine that the Customs Pre-clearance and User (4) Section 357(c)(1) of such Code is amend- title IV of the Trade Act of 1974, com- Fee Act, and essentially this allows the ed by striking ‘‘, plus the amount of the li- monly known as the Jackson-Vanik Customs Service to use a Customs abilities to which the property is subject,’’. Amendment, should no longer apply to Service pre-clearance account for the (5) Section 357(c)(3) of such Code is amend- Mongolia and to extend unconditional purpose of pre-clearing passengers that ed by striking ‘‘or to which the property normal trade relations to that country. arrive from Mexico, the Caribbean or transferred is subject’’. The committee requested public com- Canada. It also establishes a $1.75 user (6) Section 358(d)(1) of such Code is amend- ment on this proposal and received no ed by striking ‘‘or acquisition (in the fee on those passengers that enter into amount of the liability)’’. negative comments. The United States the United States through cruise ships. (e) EFFECTIVE DATE.—The amendments first extended normal trade relations The second item is the silk scarf made by this section shall apply to transfers to Mongolia in 1991 under a presi- marketing bill. The United States and after October 18, 1998. dential waiver from the Jackson-Vanik the European Community entered into The SPEAKER pro tempore. Pursu- Freedom of Immigration criteria. In an agreement that silks from China ant to the rule, the gentleman from Il- 1996, the President found Mongolia to that are assembled and/or hand crafted linois (Mr. CRANE) and the gentleman be in full compliance with the Jackson- in Europe can have the designation of from California (Mr. MATSUI) each will Vanik requirements. Two years ago the country of origin from Europe control 20 minutes. Mongolia became a member of the itself. This would be in compliance ob- The Chair recognizes the gentleman World Trade Organization. Authorizing viously with the WTO ruling. from Illinois (Mr. CRANE). the President to determine that Jack- The third item, as the gentleman GENERAL LEAVE son-Vanik should no longer apply to from Illinois (Mr. CRANE) said, is the Mr. CRANE. Mr. Speaker, I ask unan- Mongolia is necessary for the United Miscellaneous Technical Tariff and imous consent that all Members have 5 States to benefit from our rights under Duty Provision Act. This has 170 tariff legislative days in which to revise and the WTO with respect to Mongolia. reductions or eliminations to it. It will extend their remarks and include ex- I would also like to note that the allow products such as drugs that treat traneous material on H.R. 4856. substance of the provision on Mongolia AIDS and HIV patients, it has anti- The SPEAKER pro tempore. Is there is identical to a bill, H.R. 36, that our cancer drugs that can be allowed into objection to the request of the gen- colleague the gentleman from Ne- the United States that are not avail- tleman Illinois? braska (Mr. BEREUTER) introduced on able in this country and other non- There was no objection. this issue earlier this year. I commend controversial items that have been Mr. CRANE. Mr. Speaker, I yield my- the gentleman from Nebraska for his signed off by both the administration, self such time as I may consume. contribution and leadership in raising various industry groups and all of the I rise in strong support of H.R. 4856. this as an important matter in the affected parties. This legislation consists of a number of 105th Congress. b noncontroversial provisions which have Finally, the legislation before us con- 1445 been under review by the Committee tains a revenue offset introduced yes- The fourth and last item is having on Ways and Means for the past 2 terday by the gentleman from Texas normal trade relations with the coun- years. Each of these items enjoys bi- (Mr. ARCHER) in coordination with the try of Mongolia. Up until 1990, Mongo- partisan support, and many have been Treasury Department. It clarifies the lia was a communist country and passed by the House in other pieces of tax treatment of certain transfers of thereby under the Jackson-Vanik pro- legislation. assets and liabilities to corporations. visions. Since that time they have had The first section of the bill contains The tax treatment of these transfers is five elections, two presidential and several technical corrections and mis- unclear in situations involving the three parliamentary, all of them with- cellaneous amendments to trade laws, transfer of liabilities, and some tax- out any problems whatsoever. They each of which have been reviewed by payers are structuring transactions to were free and fair elections. the administration as well as inter- take advantage of the uncertainty. The They have had most-favored-nation ested parties in the private sector. In provision in the bill before us is in- status now, normal trade relation sta- addition to clerical corrections to tended to eliminate this uncertainty tus, since 1991. They have complied trade statutes, these provisions con- and to focus on the underlying econom- with the WTO and now are part of the tain various tariff suspensions and re- ics of these corporate transfers. This WTO, and, as a result of that, it would ductions, many of which apply to anti- provision has already passed both the only be appropriate to give them per- HIV/AIDS and anti-cancer drugs as House and the Senate in substantially manent normal trade relation status. well as environmentally friendly chem- identical form earlier this year. It en- These four pieces of legislation do ical substitutes. joys bipartisan support, and it is have some revenue aspects to them, The second category of provisions in strongly supported by the administra- but, as the gentleman from Illinois the bill enables the U.S. Customs Serv- tion. (Mr. CRANE) said, we do have some non- ice to provide enhanced service to air Mr. Speaker, overall I believe that controversial provisions that would off- and sea passengers entering the United the provisions in this bill represent our set it by way of the Tax Code basically October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11581 in corporate restructuring. As the gen- tories under communist rule normal trade rela- first session of the 105th Congress. Now that tleman from Illinois (Mr. CRANE) men- tions. Normal Trade Relations with Mongolia we are in a new fiscal year, Customs inspec- tioned, it creates some ambiguity and were restored in November 1991, when the tors serving Florida cruise ships are again in some have been taking advantage of President waived the provisions of the Jack- jeopardy. Passage of the Passenger Services these provisions. son-Vanik trade legislation. In 1996, the Presi- Enhancement Act will ensure that Customs in- It is a bipartisan bill, supported on dent of the United States made the first deter- spectors at Florida ports are preserved, and it both sides of the aisle, obviously, and mination that Mongolia was in full-compliance will also allow the cruise ship industry to supported by the administration. We with the human rights objectives of the Jack- schedule new cruises without being impeded recommend support of this legislation. son-Vanik trade legislation and the President by a shortage of manpower at Customs. Mr. Speaker, I yield such time as she has renewed that determination each year While this legislation is good news for Flor- may consume to the gentlewoman from since, and most recently on July 1, 1998. ida, I am especially pleased that an agree- the Virgin Islands (Ms. CHRISTIAN- Since 1990, there have been five free and ment was reached to reduce the price of the GREEN). fair elections in Mongolia which have coin- Customs user fee to $1.75. My colleagues Ms. CHRISTIAN-GREEN. Mr. Speak- cided with significant reforms of the govern- may recall that at one time, this fee was as er, I thank my distinguished colleague ment and the economy. Approximately one high as $6.50. At this new level, few can con- for yielding me time and also for his year ago, the Economist magazine heralded sider the Customs user fee burdensome or support on this and other measures Mongolia's dramatic economic reforms of the unreasonable. I will however, be requesting a which have come to this subcommittee. last several years by calling Mongolians GAO study to verify that this amount, which Mr. Speaker, amid the disappoint- ``those free-trading Mongolians.'' Unfortunately was recommended to me by Customs, is the ment for us that may come about in however, these dramatic economic and politi- true cost of processing a cruise ship pas- the budget bill which is to be passed cal reforms in Mongolia have recently begun senger. shortly, this bill provides a beacon of to suffer from factional fighting in that country The cruise ship business is an important light and hope to my constituents, the and the emergence of the Mongolian People's component of Florida's largest industry, which people of the U.S. Virgin Islands. Revolutionary Party (MPRP). Most recently, is tourism. If Florida were to lose Custom in- Contained in these miscellaneous and the MPRP has begun to attack the ambitious spectors, it would cause grievous harm to my technical amendments of the trade law privatization and private sector development state's economy. Enactment of the Passenger is a measure which would extend the plans of the Democratic coalition in Mongolia Services Enhancement Act will prevent job provision enjoyed by our watch fac- and a high level Ministry official was recently layoffs, disruptions, and financial losses to this tories to include fine jewelry. While assassinated. vital industry. this is a small issue here, it is a very The World Bank estimates that Mongolia Mr. Speaker, I am also pleased that the important one to these companies must have a 5% growth rate to create new amended text of H.R. 2770, a bill I introduced which are based in several states and jobs for its entrants into the work force. Yet last year, was included in this bill. This provi- on my home island of St. Croix, and it with the Asian Financial Crisis to its east and sion would defer the duty on large yachts im- is extremely important, of course, to Russia's collapse on its west, Mongolia will ported for sale at boat shows in the United the employees and their families. Ten find it very difficult to meet its economic goals States. Boat shows, be they in New York, Chi- years ago, these companies provided and stay on its reform path. The United States cago, Miami, or Fort Lauderdale are important close to 1,000 jobs. Today, there may can play a fundamental, helpful role by grant- generators of economic activity, and this legis- just be over 200. Without this bill, even ing Mongolia normal trade relations and there- lation will promote greater commerce in the those will not be secure. fore reasonable access to our markets. The yachting industry. For my constituents, it is a I want to take this opportunity to United States currently provides a modest pleasant coincidence that this legislation will thank the gentleman from Illinois amount of aid to Mongolia that will be nec- hopefully be signed into law when the Fort (Chairman CRANE) and the ranking essary in the short term. However, by granting Lauderdale Boat Show starts later this month. member, the gentleman from Califor- Mongolia reasonable access to our markets Mr. Speaker, I urge my colleagues to sup- nia (Mr. MATSUI) for bringing this to and promoting trade with our two countries, port H.R. 4856. the floor today. In doing so, they are this legislation is building the so we Mr. RAMSTAD. Mr. Speaker, I rise in sup- helping to revitalize an industry that can hopefully graduate Mongolia from U.S. as- port of this bill before us today, which includes has provided meaningful employment sistance in the future. provisions to provide for the continuation of and a sound livelihood to my constitu- In light of the very difficult political and eco- preclearance activities for air transit pas- ents, and, with the vote of Members, it nomic challenges for the people of Mongolia, sengers. will continue to do so. passage of this legislation comes at a critical I want to thank Mr. CRANE and Mr. SHAW for I also want to thank my other col- time. This legislation sends a very important working with me on these important provisions leagues, the gentleman from New York signal to the people of Mongolia that they will to help facilitate the services Customs pro- (Mr. RANGEL) and the gentleman from be rewarded for maintaining their brave steps vides to process the massive amounts of peo- Louisiana (Mr. JEFFERSON) and many toward economic and trade liberalization. This ple and products entering and exiting our others for cosponsoring my bill, H.R. Member only regrets that this legislation was country. 2498, which is included in this measure, not approved earlier to bolster the standing of These provisions, which are similar to legis- and for their support. I urge its pas- those in Mongolia who have already bravely lation Mr. CRANE and I introduced last April, sage, and I ask my colleagues to vote fought for economic and political reform here. would allow the Customs Service to access yes on this measure. Mr. SHAW. Mr. Speaker, I rise today in sup- funds in the User Fee Accounts and enhance Mr. CRANE. Mr. Speaker, I yield my- port of H.R. 4856, a bill making Miscellaneous inspector staffing and equipment at self such time as I may consume. Technical Corrections to Trade Law. preclearance service locations in foriegn coun- Mr. Speaker, before yielding back the Mr. Speaker, while H.R. 4856 contains tries. balance of my time, I would like to many worthy provisions, I am especially This is significant because if U.S. Customs thank Jim Terpstra, Legislative Fel- pleased that the text of H.R. 4819, the Pas- eliminates these positions, preclearance for low, who has worked with us on the senger Services Enhancement Act was in- passengers to the U.S. will slow, travel will be Subcommittee on Trade and who will cluded in this legislation. I introduced H.R. disrupted, and the tourism industry in many be departing. We appreciate all of his 4819 earlier this month, and its passage today states will suffer. Allowing the preclearance efforts. is crucial to the economic well-being of my services to continue means a great deal to Mr. BEREUTER. Mr. Speaker, this Member home state of Florida. many employers in my district, like Northwest strongly supports H.R. 4856, which includes As my colleagues may recall, last year the Airlines and all those affiliated with the Mall of authorization of the extension of nondiscrim- Customs user fee expired, and thereby AmericaÐwhich attracts more visitors each inatory treatment or normal trade relations to caused a possible diminution in Customs in- year than Disneyworld, Graceland and the the products of Mongolia. This Member intro- spectors at Florida ports where the fee was Grand Canyon combined. duced the original legislation authorizing this being collected. To avoid disruptions in the The Customs Service has said there are in- designation, H.R. 36, on January 7, 1997, the cruise ship industry, Congress passed a bill I sufficient resources in its salaries and ex- first day of this Congress. introduced (H.R. 3034) which preserved Cus- penses account to fund the enhanced In 1952, the United States denied Mongolia toms inspectors in Florida for fiscal year 1998 preclearance positions. This bill gives access and twenty other communist countries or terri- only. That bill passed on the final day of the to excess funds in the User Fee Account, H11582 CONGRESSIONAL RECORD — HOUSE October 20, 1998 without any additional cost to taxpayers. Act- tion 594, as modified by striking ‘‘No- H.J. RES. 138 ing-Commissioner Banks testified before our vember 18, 1998,’’ in section 2 and in- Resolved by the Senate and House of Rep- Ways and Means Committee in support of our serting ‘‘November 13, 1998,’’ be consid- resentatives of the United States of America in earlier version of the legislation, and the airline ered as adopted. Congress assembled, That the first regular ses- industry supports it as well. The text of House Resolution 594 is as sion of the One Hundred Sixth Congress shall I appreciate how quickly the House has rec- follows: begin at noon on Wednesday, January 6, 1999. ognized the merits of these provisions, as well H. RES. 594 The joint resolution was ordered to as the other important elements of the bill to Resolved, That upon the adoption of this be engrossed and read a third time, was reduce tariffs on various products, and allowed resolution it shall be in order to consider in read the third time, and passed, and a us to bring it to the floor today. I urge my col- the House a joint resolution appointing the motion to reconsider was laid on the leagues to join me in support of this critical day for the convening of the first session of table. the One Hundred Sixth Congress. The joint bill. f Mr. GILMAN. Mr. Speaker, I would like to resolution shall be considered as read for amendment. The previous question shall be express my strong support for H.R. 4856, the considered as ordered on the joint resolution REPORT ON RESOLUTION WAIVING ``Miscellaneous Trade and Technical Correc- to final passage without intervening motion POINTS OF ORDER AGAINST CON- tion Act of 1998'' which will strengthen our except: (1) one hour of debate equally divided FERENCE REPORT ON H.R. 4328, trade and economic relationship with Mongolia and controlled by the Majority Leader and DEPARTMENT OF TRANSPOR- through the extension of normal trading rela- the Minority Leader or their designees; and TATION AND RELATED AGEN- tions with that emerging democracy in central (2) one motion to commit. CIES APPROPRIATIONS ACT, 1999 SEC. 2. A resolution providing that any or- Asia. Mr. SOLOMON, from the Committee Mongolia has undertaken significant market- ganizational caucus or conference in the House of Representatives for the One Hun- on Rules, submitted a privileged report based economic reforms, including the reduc- dred Sixth Congress may begin on or after (Rept. No. 105–826) on the resolution (H. tion of government subsidies, the elimination November 18, 1998, is hereby adopted. Res. 605) waiving points of order of most price controls and the closing of insol- SEC. 3. A resolution providing for the print- against the conference report to ac- vent banks. In many respects, this country's ing of a revised edition of the Rules and company the bill (H.R. 4328) making economic track record is a model for many Manual of the House of Representatives for appropriations for the Department of the One Hundred Sixth Congress as a House other countries in the region and in Asia as a Transportation and related agencies whole. document, and for the printing and binding of three thousand additional copies for the for the fiscal year ending September 30, I would also like to express my thanks to 1999, and for other purposes, which was the author of this legislation, Chairman Archer, use of the House, of which nine hundred cop- ies shall be bound in leather with thumb referred to the House Calendar and or- for this willingness to include six duty suspen- index and delivered as may be directed by dered to be printed. sion requests in this legislation that will pro- the Parliamentarian of the House, is hereby vide small but important benefits for a leading adopted. f company in my district, the Ciba Specialty SEC. 4. A resolution providing that a com- Chemicals Corporation. mittee of two Members of the House be ap- SETTING DATES FOR ORGANIZA- Mr. MATSUI. Mr. Speaker, I yield pointed to wait upon the President of the TIONAL CAUCUS OR CON- back the balance of my time. United States and inform him that the FERENCE FOR ONE HUNDRED Mr. CRANE. Mr. Speaker, I yield House of Representatives has completed its SIXTH CONGRESS business of the session and is ready to ad- back the balance of my time. journ, unless the President has some other The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore (Mr. communication to make to them, is hereby ant to section 2 of House Resolution LATOURETTE). The question is on the adopted. 594, House Resolution 606 is adopted. motion offered by the gentleman from SEC. 5. The Speaker, the Majority Leader, The text of House Resolution 606 is as Illinois (Mr. CRANE) that the House and the Minority Leader may accept resigna- follows: tions and make appointments to commis- suspend the rules and pass the bill, H. RES. 606 H.R. 4856. sions, boards, and committees following the adjournment of the second session sine die as Resolved, That any organizational caucus The question was taken; and (two- or conference in the House of Representa- thirds having voted in favor thereof) authorized by law or by the House. SEC. 6. The chairman and ranking minority tives for the One Hundred Sixth Congress the rules were suspended and the bill member of each standing committee and may begin on or after November 13, 1998. was passed. subcommittee may extend their remarks in SEC. 2. As used in this resolution, the term A motion to reconsider was laid on the Congressional Record and include a sum- ‘‘organizational caucus or conference’’ the table. mary of the work of their committee or sub- means a party caucus or conference author- ized to be called under section 202(a) of f committee. House Resolution 988, Ninety-third Congress, RECESS The SPEAKER pro tempore. Without agreed to on October 8, 1974, and enacted into objection, the resolution is adopted and permanent law by chapter III of title I of the The SPEAKER pro tempore. Pursu- amended. Supplemental Appropriations Act, 1975 (2 ant to clause 12 of rule I, the Chair de- There was no objection. U.S.C. 29a(a)). clares the House in recess subject to A motion to reconsider was laid on f the call of the Chair. the table. Accordingly (at 2 o’clock and 50 min- f AUTHORIZING PRINTING OF RE- utes p.m.), the House stood in recess VISED EDITION OF RULES AND subject to the call of the Chair. APPOINTING DAY FOR CONVENING MANUAL OF HOUSE OF REP- f OF FIRST SESSION OF ONE HUN- DRED SIXTH CONGRESS RESENTATIVES b 1625 Mr. SOLOMON. Mr. Speaker, I offer a The SPEAKER pro tempore. Pursu- AFTER RECESS joint resolution (H. J. Res. 138) ap- ant to section 3 of House Resolution The recess having expired, the House pointing the day for the convening of 594, House Resolution 607 is adopted. was called to order by the Speaker pro the first session of the One Hundred The text of House Resolution 607 is as follows: tempore (Mr. LATOURETTE) at 4 o’clock Sixth Congress, and ask unanimous and 25 minutes p.m. consent for its immediate consider- H. RES. 607 f ation. Resolved, That a revised edition of the The Clerk read the title of the joint Rules and Manual of the House of Represent- PROVIDING FOR CONSIDERATION resolution. atives for the One Hundred Sixth Congress be OF CERTAIN RESOLUTIONS IN The SPEAKER pro tempore. Is there printed as a House document, and that three PREPARATION FOR ADJOURN- objection to the request of the gen- thousand additional copies shall be printed and bound for the use of the House of Rep- MENT OF SECOND SESSION SINE tleman from New York? DIE resentatives, of which nine hundred copies There was no objection. shall be bound in leather with thumb index Mr. SOLOMON. Mr. Speaker, I ask The text of House Joint Resolution and delivered as may be directed by the Par- unanimous consent that House Resolu- 138 is as follows: liamentarian of the House. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11583 APPOINTMENT OF COMMITTEE OF tation and Related Agencies Appropria- Mr. Speaker, the world is a dan- TWO MEMBERS TO INFORM THE tion Bill for Fiscal Year 1999, is serving gerous place, and there are nations and PRESIDENT THAT THE TWO as the vehicle for an omnibus appro- forces who are hostile to the United HOUSES HAVE COMPLETED priations package for fiscal year 1999. States and American interests all over THEIR BUSINESS OF THE SES- That is the bill that we have before us. this globe. The House should lend its SION Mr. Speaker, the conference report support to our men and women in uni- before the House contains the following The SPEAKER pro tempore. Pursu- form around the globe who put their general appropriation bills for fiscal ant to section 4 of House Resolution lives on the line for the national inter- year 1999: Transportation; Agriculture; 594, House Resolution 608 is adopted. ests of this country by voting for this Labor-HHS and Education; Commerce, The text of House Resolution 608 is as package today. I intend to vote for it Justice, State, and the Judiciary; For- follows: myself, even though I am a fiscal con- eign Operations; District of Columbia; servative and do not share all of the H. RES. 608 Treasury-Postal Service; and the Inte- purposes of everything in this massive Resolved, That a committee of two Mem- rior appropriations bills. bill. bers of the House be appointed to wait upon Mr. Speaker, all of the spending bills Mr. Speaker, the United States lives the President of the United States and in- in this general appropriation bill are under the constant threat of attack form him that the House of Representatives within the discretionary spending caps has completed its business of the session and from ballistic missiles launched from is ready to adjourn, unless the President has and are fully paid for. This conference China or North Korea or other rene- some other communication to make to them. report also contains a number of provi- gade regimes around this world. It is sions making supplemental appropria- The SPEAKER pro tempore. Pursu- inconceivable to me that we have not tions. developed a system that would stop in- ant to section 4 of House Resolution A significant portion of the package, 594, the Chair appoints the following coming ballistic missiles from landing and I think it is important for Mem- on American cities. Several regimes Members of the House to the commit- bers to note, is an $8.4 billion Depart- tee to notify the President: have a startling missile capability and, ment of Defense component including when coupled with biological and The gentleman from Texas, Mr. funds for missile defense and additional chemical warheads, these regimes and ARMEY. funds for military readiness, so badly their devices pose an incredible threat The gentleman from Missouri, Mr. needed. This funding is critical to pro- not only to American servicemen serv- GEPHARDT. tect the lives of our soldiers and our ing overseas, but also a direct threat f military personnel who serve overseas right here to the United States of in uniform. WAIVING POINTS OF ORDER America. I have warned my colleagues many AGAINST CONFERENCE REPORT We all know that the People’s Repub- times that we are returning to the very lic of China, which is a hostile nation ON H.R. 4328, DEPARTMENT OF hollow force of the 1970’s in our na- TRANSPORTATION AND RELATED to this country by their own words, tional defense posture. There was a have no less than 13 intercontinental AGENCIES APPROPRIATIONS time, that I often recall, when we had ACT, 1999 ballistic missiles aimed at American hostages being held in a place called cities right today, yet we are not Mr. SOLOMON. Mr. Speaker, by di- Iran. And when we attempted to rescue equipped to do anything about that. rection of the Committee on Rules, I those hostages being held, we had to Mr. Speaker, if investing $1 billion call up House Resolution 605 and ask cannibalize 14 helicopter gunships just for missile defense in this package is for its immediate consideration. to get 8 that would work, and 3 of those not an emergency, I do not know what The Clerk read the resolution, as fol- failed, and so did the rescue operation. an emergency is. This funding is abso- lows: That was the condition of our military lutely critical. H. RES. 605 back in the late seventies. Mr. Speaker, the conference agree- Resolved, That upon adoption of this reso- Mr. Speaker, our Nation’s Armed ment also contains funds to combat lution it shall be in order to consider the Forces are facing the same kind of crit- terrorism, including at our American conference report to accompany the bill ical shortages in a number of areas embassies overseas. For those who (H.R. 4328) making appropriations for the De- right now. have traveled there, you know that partment of Transportation and related In terms of personnel, we have lost many of our embassy personnel are in agencies for the fiscal year ending Septem- military personnel. We have commis- grave danger right today, and we saw ber 30, 1999, and for other purposes. All sioned officers and noncommissioned that happen just in the last several points of order against the conference report officers who are choosing not to stay in months. The Congress must support ef- and against its consideration are waived. the military. Many of them are being The conference report shall be considered as forts to counter international terror read. furloughed because of lack of funds. and the cowards who would employ There are shortages of equipment and The SPEAKER pro tempore. The gen- such methods around the world. spare parts, and even ammunition. Mr. Speaker, this spending agree- tleman from New York (Mr. SOLOMON) Mr. Speaker, all of these indicators ment also includes important funding is recognized for one hour. of a declining readiness rate are not for intelligence activities which are Mr. SOLOMON. Mr. Speaker, for the academic statistics. All of these things critical so that we can know in ad- purposes of debate only, I yield one- contribute to the ability of our Armed vance when terrorists are planning to half my time to the gentleman from Forces to respond rapidly and effec- attack America’s infrastructure, such Massachusetts (Mr. MOAKLEY), my tively to a threat from overseas in the as the World Trade Center, bridges, great friend, pending which I yield my- manner in which we responded to Sad- tunnels or American embassies over- self such time as I may consume. Dur- dam Hussein in 1990 and 1991, and today seas. ing consideration of the resolution, all we cannot do that. We do not have the Mr. Speaker, this package also con- time yielded is for purposes of debate military capability to mount that kind tains funding to address the Year 2000 only. of an operation now. Also these items computer problem, or Y2K, a signifi- Mr. Speaker, passage of this rule will which are in short supply lead to a cant portion of which is defense-relat- enable us to complete the outstanding greater propensity for training acci- ed. We must ensure that our defense work for the 105th Congress and ad- dents or aircraft crashes, and you see it computers are technically capable to journ for the remainder of the year. almost every week now in some part of meet the challenges of the new cen- This rule is traditional for conference the world. tury. reports. It waives all points of order Mr. Speaker, the lives of our young against the conference report and men and women who serve in the mili- b 1640 against its consideration. Further, it tary are constantly at risk from for- Mr. Speaker, this omnibus appropria- provides for the conference report to be eign threats. We should not compound tion package contains something even considered as read. that risk by leaving them in the field more important than all the things I Mr. Speaker, the conference report to with aging or broken or outdated have just mentioned, and that is cru- accompany H.R. 4328, the Transpor- equipment. cial funds for the anti-drug efforts as H11584 CONGRESSIONAL RECORD — HOUSE October 20, 1998 well as legislative language to encour- And, Mr. Speaker, we took on the Mr. Speaker, thanks to Democrats, my age drug interdiction efforts. A vote for dreaded IRS and brought about long home State, the Commonwealth of this package is a vote to rededicate overdue reform to that agency. Massachusetts, will get $22 million ourselves to the fight to stop all as- Now the conference agreement is not more to reduce our class sizes. pects of the illegal drug trade, supply, perfect; we all know that. It is a com- Democrats fought off Republican at- use and demand. And I would also note promise among the House and the Sen- tempts to raid the Social Security sur- on that subject, Mr. Speaker, that the ate and the President of the United plus to pay for tax cuts. Democrats conference report before us maintains States. All Members did not get all the won a 14-percent increase in health re- language which passed the House pro- provisions we were seeking, nor did we search in diabetes, cancer, genetic hibiting Federal or District of Colum- knock out all the provisions that we medicine and to develop an AIDS vac- bia funds for free needles for drug ad- wanted to knock out. Nor did the cine. dicts, a program which has not worked President get all of his legislative Mr. Speaker, Democrats won the in any part of the country, and, Mr. agenda in this package. But the spirit funding for 17,000 new community po- Speaker, it is so terribly, terribly im- of compromise, which is what Ronald lice officers, and we also won the re- portant to set an example for our Reagan spent a great deal of his time moval of Republican provisions letting young people that there is nothing hip, trying to teach me, is that you cannot polluters get off the hook scot-free and that there is nothing cool, about her- always have it your own way. One of the addition of investments in cleaner oin use or any kind of drug use. Illegal the most difficult lessons that I have environment. drug use can only lead to a life of fail- learned in Washington is the fact that Mr. Speaker, Democrats and Repub- ure and misery and even death. Rather we have to compromise. And that is licans combined saved the LIHEAP than promote desolation and despair, why I urge every Member to come over program, which provides energy assist- Mr. Speaker, we should promote hope here regardless of their philosophy, ance for the 5.5 million elderly and and opportunity for this young genera- whether they are liberal, conservative working people during very cold win- tion coming on board now. or somewhere in-between. ters and very hot summers. And, Mr. Speaker, this conference This is a bill we ought to vote for the But, Mr. Speaker, there is still a lot agreement also contains important American people. I urge my colleagues to do. Our schools are still falling funding to assist our Nation’s farmers apart. One out of every three American who have faced numerous natural dis- to support it, support the rule and then schools needs extensive repair or re- asters this year. The conference report vote for the omnibus package when it placement, and about the same number includes language relating to some- comes before the House. thing terribly important to myself and Mr. Speaker, I reserve the balance of were built before World War II. Mr. Speaker, American children the gentleman from Louisiana, the my time. chairman of the Committee on Appro- Mr. MOAKLEY. Mr. Speaker, I yield should be taught in classrooms and not priations sitting next to me here, and myself such time as I may consume. trailers, and they should not have to Mr. Speaker, I thank the gentleman that is called milk marketing orders, eat lunch at 10 o’clock in the morning from New York (Mr. SOLOMON), my which will prohibit the Department of because the cafeteria just does not dear friend, my colleague, the chair- Agriculture from changing the rules have enough tables to feed them all at until we have gone through both a leg- man of the Committee on Rules, for the same time. But my Republican col- islative process and an appropriation yielding me the customary half hour. leagues refused even to meet on the Mr. Speaker, at long last we are pre- process cycle for next year. That would school construction bill. paring to vote on this omnibus appro- give the incoming Congress time to Americans enrolled in managed care priation bill. This is the bill that con- hold hearings and to deal with this life plans still do not have the protection threatening issue as far as the dairy tains the eight unfinished appropria- against the abuses. We need to pass a farmers of this Nation are concerned. tions bills and hundreds of extra provi- Patient Bill of Rights. But my Repub- The Federal Dairy Program is so very sions all the way from duck hunting to lican colleagues refuse to take it up. important to the livelihood of my par- stomach viruses, all lumped together My Republican colleagues buried ef- ticular district and certainly many of in a document that weighs over 40 forts to reform our campaign system, the others throughout this country. pounds, stands 16 inches high and has reduce teen smoking and raise the min- And, Mr. Speaker, it is important to be brought over here in a box that imum wage. that we adjourn this Congress in order resembles a Budweiser case. I mean Still, Mr. Speaker, despite our small that Members have a chance to discuss this is a first. I hope that all the people numbers the Democrats have done with their constituents the fact that who are listening in will really pay at- pretty well. We stopped the Republican we have produced the first balanced tention to this. This is the largest bill attempt to destroy Medicaid back in budget in 30 years. We are now cutting that I can recall lumping all these ap- 1995. We stopped the Republican at- rather than increasing spending. We propriation bills together in an end of tempt to use the Social Security sur- have produced a historic budget sur- the season rush to get out of here. plus for tax cuts, we stopped their ef- plus for the American people, and, Mr. Mr. Speaker, we all know the reason forts to let polluters off the hook, and Speaker, Ronald Reagan’s vision has the Congress is passing this one enor- we kept them from dismantling public been achieved by our actions. The mous bill instead of the individual bills education. growth of the federal spending has been is because the Republicans just could So I congratulate my Democrat col- slowed to 3 percent a year. I never not get their act together, they could leagues for really insisting education thought 5 or 6 or 10 years ago that we not finish their work in time for the be made a priority, and I urge my col- would be able to accomplish that, but new fiscal year. But it turns out that leagues to support the rule and support we have, and we should commend both the good news for the Democrats is this the bill. the Committee on Appropriations and bill contains a lot more Democratic Mr. Speaker, I reserve the balance of the Committee on the Budget and the provisions than we could have gotten my time. other committees of this Congress for under the regular legislative procedure Mr. SOLOMON. Mr. Speaker, I yield having bit the bullet and dealing with if that legislative procedure had taken myself such time as I may consume. this very critical issue. place in its orderly fashion. By stick- Mr. Speaker, as I begin to recognize We have reformed welfare and made a ing together and insisting on our prior- our next speaker, I have to call atten- dramatic difference in the lives of so ities we won very many major victories tion to the fact that I will be leaving many Americans encouraging the per- for the American families of America. this body at the end of this year and sonal responsibility and dignity that Democrats won 100,000 new teachers after 20 years. More important is the are a part of decent jobs. In New York for our classrooms, which means, Mr. gentleman sitting next to me. He is not State alone more than 500,000 people Speaker, classrooms all over the coun- a Member of Congress, but he is prob- have been taken off the welfare rolls. try will average 18 students fewer per ably more important than any Member Those people are now taxpaying citi- classroom. Children will get more indi- of Congress because he is the Chief zens, they are good citizens that are vidual attention. It will be easier to Counsel of the Committee on Rules. contributing to society. discipline and to teach these children. Bill Crosby has been with this body for October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11585 27 years. He came here directly out of have real shortcomings. The President, mittee, my good friend; by me; by Sen- the United States Navy, and he has his supporters in Congress have proven ator STEVENS, who represents the ma- served under former members of the extraordinarily resilient in treating jority party in the Senate, and by Sen- Committee on Rules, Representative H. every federal spending program as a sa- ator BYRD, who represents the minor- Allen Smith of Glendale, CA, Rep- cred cow, and unfortunately opposing ity party in the Senate. We made hun- resentative Dave Martin of Nebraska, tax cuts at every turn, using the very dreds of decisions on the specific appro- and of course our old good friend Jim specious argument that this poses a priation items. But then a laundry list Quillen, who was a Member of this threat to the solvency of the Social Se- of other items were kicked upstairs body for 30 some years from Tennessee. curity system. and there judgments were made by We are certainly going to miss Bill. He Now, Mr. Speaker, I believe that only one person in this House so far as was my valuable right arm for 10 years more should be done to provide tax re- I know, that being the Speaker, and on the Committee on Rules, and we lief to working families and to ferret they were made on the other end of the wish him well. out wasteful federal spending and out- avenue by representatives of the Presi- Mr. Speaker, having said that, I yield of-date government programs. I look dent. such time as he may consume to the forward to the next Congress including We are in this mess because this Con- gentleman from Claremont, California more Members who are committed to gress did not do its job. We are in this (Mr. DREIER), the vice chairman and those policies that represent these val- mess because the Congress passed only the man I will be turning the gavel ues of hard-working Americans. a tiny number of the 13 appropriation over to as chairman of the Committee With that I thank my friend for hav- bills that we were required to pass by on Rules. ing yielded this time to me, and I urge the end of the year. And now we have Mr. DREIER. Mr. Speaker, I thank support of both the rule and the con- this god awful mess on the floor, which my very good friend from Glens Falls ference report. while it contains a number of, I think, (Mr. SOLOMON) for yielding me this b 1645 needed victories for us on education time, and while we have all engaged in and on other items, still represents an what is clearly a long good-bye, I Mr. MOAKLEY. Mr. Speaker, it is my incredibly outrageous way to do the would like to, as this is the last issue pleasure to yield 7 minutes to the gen- country’s business. that we are going to be considering in tleman from Wisconsin (Mr. OBEY), the So we have as a result of this process the 105th Congress, join in saying once ranking member of the Committee on some 70 extraneous provisions laced again how sorely we will miss the gen- Appropriations, who has labored so through this bill. We do have a bill tleman from New York (Mr. SOLOMON) diligently on this massive, massive which is now $2.6 billion above where when he will not be a Member of the piece of legislation. the House was on education, and for 106th Congress and to also join in say- Mr. OBEY. Mr. Speaker, this bill is that the President deserves credit and ing to our good friend, Bill Crosby, here because of a massive institutional so do the minority party negotiators. ‘‘Thank you very much for nearly failure on the part of the Congress. We did restore fuel assistance, we did three decades of great service to this Now, it is true that there are some restore summer jobs, we did protect institution.’’ I am particularly honored major victories for the President and the National Labor Relations Board, that he was first hired here by H. Allen for my party in this package. In my we did keep the full IMF funding, and Smith, as Mr. SOLOMON has just said, judgment, those major victories are we did get a number of other victories. who was the ranking Republican on the here because we had a large portion of We did get $1.6 billion additional funds Committee on Rules at that time and a the Republican Caucus, known as the to help our farmers. We did get lan- fellow Californian, and we were sad- CATs, who early on this year indicated guage which extends contraceptive dened with his passing just within the that they did not like the way the Con- coverage under Federal health benefits past several months. But Bill will be gress handled appropriations bills the for women. We stopped the punitive ac- sorely missed, and we certainly wish year before when we had a relatively tion that the majority party wanted to him well in his future endeavors. bipartisan approach, and they decided take against the Federal Elections Mr. Speaker, 2 years ago the Amer- they wanted a much more partisan ap- Commission. But in the process, an ican people gave a Republican Congress proach; they wanted the bills to be awful lot of garbage stuck to this bill. and a Democratic President a mandate written only on the Republican side of The most outrageous action taken of to do a number of things to balance the the aisle. They did not want the minor- all was action that was insisted upon federal budget, provide tax relief for ity party included; they did not want by the Committee on Ways and Means. working families, create incentives for to hear what our views were; they There was a provision in this bill which private sector jobs and job creation, wanted to bring their agenda to the would have allowed the brother of the preserve the Medicare program and to floor, so they did. Unabomber to get the full reward that promote quality educational opportu- They cut $1 billion out of the Presi- was promised for solving that crime nities for all children. The 105th Con- dent’s education program. They elimi- without being taxed. He wanted to give gress accomplished each of these im- nated the Low-Income Heating Assist- the full amount of that reward to the portant goals by sticking to fundamen- ance Program. They eliminated the victims of the Unabomber, but because tal principles while making com- Summer Jobs Program. They laced the of jurisdictional dumb Hill consider- promises that reflected the political re- appropriation bills through with ations, the Committee on Ways and alities of a divided Federal Govern- antienvironmental riders. They pro- Means decided they would not allow ment. posed all kinds of measures which they that money to be provided to the vic- The Fiscal Year 1999 Omnibus Appro- thought they could impose on what tims of that crime tax-free. priations conference report which we they perceived to be a weakened Presi- I have never seen a more disgraceful are addressing here today does look at dent, and then something happened. action on the part of anyone in this many of those very important national What happened is that the moderate Congress than that action in denying needs. In particular, I would like to ap- Republicans decided they could not those funds to the victims of the plaud the negotiators for the $7 billion support that package, and the Senate Unabomber, and yet that is one of the included to overcome the rapid dimin- Republicans also decided that some of pieces of garbage that we had to swal- ishment and the readiness of our mili- these bills were so extreme that they low in this bill in order to get the bill tary forces. It also provides new fund- would not vote for them. And so we that would be supported by the major- ing to protect American cities from a wound up in a colossal end-of-the-year, ity. limited nuclear missile strike, to fight after-the-deadline negotiation on more We have a number of other items on terrorism, avoid the Year 2000 com- than half of the budget. tax legislation that were added to this. puter problems in government and to Now, as a result of that process, a lot We have $4 billion added to the defense help victims of national disasters. of the decisions that were made were budget without a dime of that $4 bil- While this final budget package is made by four people. They were made lion going into readiness. It goes into a worthy of support, make no mistake. by the gentleman from Louisiana (Mr. lot of the Speaker’s pet projects, into a We all have acknowledged that it does LIVINGSTON), the chairman of the com- lot of third-tier, third-rate intelligence H11586 CONGRESSIONAL RECORD — HOUSE October 20, 1998 activities, (one good one), and yet none We will be able to see him in other Finally, I would say that it is a fair of the funds go directly to military roles, and we wish him lots of success rule which allows us to debate this readiness. It is really a lousy way to and happiness. Likewise, I would like issue. We have an hour not only on the prioritize national needs. to wish lots of success and happiness to rule, but an hour to debate the entire So I am going to ask Members to do his sidekick, Bill Crosby, who has done package. While there will not be any the only thing we can under these cir- a remarkable job for the Congress over amendments allowed, we are satisfied cumstances, because the country does the last 27 years as a public servant, that the rule is appropriate and should need a budget. I will ask them to vote plus his time in the Navy. So we wish be adopted. We are hopeful that the for the bill when we finally get to it, him well and thank him for his dedi- Members of the body will come and because thanks to the incredible mis- cated service over the years. vote as a majority for the entire pack- management that we have seen in this Mr. Speaker, I am not going to stand age, because they should not con- Congress all year long, we have no here and defend the process, because I centrate on the process. They should other choice. But that does not mean I think it has been ugly, but I will say concentrate on the substance. am proud of the product. that we are ahead of the game when we The fact is that the House of Rep- I think this product, at least the look at the last 15 years. We are actu- resentatives using the normal appro- process by which we got here, is a na- ally completing our business ahead of priations process passed all but one of tional disgrace, and I think the House the schedule of all but 5 of those last 15 our bills before the end of the fiscal ought to be ashamed of itself for all of years. In 10 other instances we have year. The Labor-HHS-Education bill the decisions that led to this ridiculous gone later in the calendar year, longer was not passed in the House or the Sen- process. I want to make clear in my in the legislative season than we are ate, but it was conferenced informally criticism that I make no criticism of today. So even though we have a 40- between our Members of both bodies. the majority party on the Committee pound pack of paper sitting there be- We worked our way through the proc- on Appropriations. They did everything fore us comprised of some 8 bills and 4 ess. possible to work under these ridiculous emergency sections, the fact is we are Mr. Speaker, all I would say is that circumstances to bring a decent bill to completing our business. If the good whether Members like this process or the House. But I have to tell my col- Members of this House have the wis- not, the fact is that we have had a leagues, wait until you see the stories dom and good judgment to vote as a chance to finish all of the individual that the press will write for weeks and majority for this package, we will go bill packages in their entirety, bundle weeks on some of the provisions that home, complete the campaign season, them together in that very large bun- dle, and submit them to the member- are in this bill, and more importantly, and have a victorious time on behalf of ship so they can vote on it. some of them that are not, and we will the majority, I hope, in November. Once they vote on it, it will be vir- get a clear idea of just how low this b 1700 tually the last vote they cast for this Congress has sunk. Mr. SOLOMON. Mr. Speaker, I yield That being said, let me say that we Congress, and we will go home knowing myself such time as I may consume. have comprised a great deal in this that we have achieved the first bal- The other night my wife was up in package. We not only include eight anced budget in 30 years. Last year we passed the first tax cut our home in the Adirondack Moun- regular appropriations bills, but we ad- in 16 years. We have virtually frozen tains, she was watching C–SPAN, and dress the Y2K emergency problem that the cost of government across the my next speaker was on the floor. He threatens Government computers and board, stopped the growth of govern- was telling it like it is, and as soon as virtually all computers of this country ment in all of the departments, agen- he finished she called me and she says, in every walk of life as we change into cies, and programs. We have saved my goodness, he sounds just like you. I the next millennium. about $125 billion under what the Presi- do not know whether she was being We address the needs for increasing dent projected we would have spent critical or heaping praise. the safety for our diplomats and their some 4 years ago at this time. So we Mr. Speaker, I yield 6 minutes to the staff in embassies and consulates all can take confidence in the fact that we gentleman from Metairie, Louisiana around the globe to provide some pro- have restored fiscal integrity to the (Mr. LIVINGSTON). He is truly one of the tection against terrorism. United States Treasury for the first commendable Members in this body. In We include money for agricultural time in a generation. I think that is no the last 4 years, he is one of the rea- emergencies reaped by natural and small accomplishment. I urge the sons that we have a balanced budget other disasters around this country, Members to vote for this, and go home here and we have gotten our fiscal and we provide much needed funding with great pride. House in order. that replenishes the readiness accounts Mr. MOAKLEY. Mr. Speaker, I yield (Mr. LIVINGSTON asked and was and the needs for our Defense Depart- 1 minute to the gentlewoman from given permission to revise and extend ment to provide defense against incom- California (Mrs. CAPPS). his remarks.) ing missiles to this country through a Mrs. CAPPS. Mr. Speaker, I just flew Mr. LIVINGSTON. Mr. Speaker, I viable missile defense system and var- over 3,000 miles from the central coast want to thank my friend from York ious other priorities that are so ex- of California to support this important (Mr. SOLOMON), the very distinguished traordinarily important to the armed bill. This budget bill is a victory for chairman of the Committee on Rules, forces and the men and women that the American people. It is a victory the very distinguished, outgoing chair- serve in them. over mindless partisanship, and it is a man of the Committee on Rules. He is I might say that we do all of that, terrific victory for education. my friend. He is a gentleman with eight appropriations bills, including Providing our local school districts whom I have enjoyed working with the agriculture appropriations bill, with additional qualified teachers is an throughout the time that I have had which was passed by the Congress and important step in the right direction. the opportunity and the honor and vetoed by the President and redrawn in Next year we must come back and help privilege to serve the American people this package, within the caps provided our local communities to build new in the . I do not us by the Committee on the Budget. classrooms and to modernize their think that there have been any better There may be some criticism about schools. served than those served by the gen- how we get there, but the fact is the This budget is a victory in the fight tleman from New York who is leaving. Congressional Budget Office, notwith- against disease. As a nurse, I am This is his last presentation of a rule standing current press reports, the thrilled that Congress is giving vigor- not only before the 105th Congress, but Congressional Budget Office has pro- ous support to critical research on Par- before the Congress as a whole. I just claimed that we are under the caps al- kinson’s, Alzheimer’s, diabetes, and want to take this opportunity to wish lotted to us which agrees with the ALS. Next year we must come back, him and his lovely wife, Freda, many, budget process as agreed to in last take on the HMOs, and pass a strong many years of happy retirement, al- year’s budget agreement. So nobody patient’s bill of rights. though I know he is not planning on re- can say that this package is out of kil- This is a good bill. I urge my col- tiring, he is simply leaving Congress. ter in terms of overall spending. leagues to pass it. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11587 Mr. MOAKLEY. Mr. Speaker, I yield mittee on Rules in representing his Ms. JACKSON-LEE of Texas. Mr. 2 minutes to the gentleman from Or- party’s way. He and I, although we Speaker, I thank the gentleman for egon (Mr. DEFAZIO.) have disagreed probably on 90 percent yielding time to me. Mr. DEFAZIO. Mr. Speaker, the do- of the matters that came before us, we Mr. Speaker, I appreciate the chair- nothing Congress is limping to a pa- never disagreed about our friendship. I man of the Committee on Rules for thetic end, one final $500 billion bill. hold him to be a very dear friend of bringing this rule to the floor today. I Just to my left there is a copy bound mine. believe it is long overdue for us to do with twine 2 feet tall. It weighs 40 Also, Mr. Crosby has been a great, our jobs to make sure that the govern- pounds. Who among the rank and file great person, never butting into things, ment remains open and the American Members of the House can say they but always there as a font of informa- people are taken care of. Let me thank have read and understood the entire tion any time we needed some informa- the appropriators for long and hard package? Half the Members here could tion, even though he represented the work. not even lift it, let alone read it. majority and we were in the minority. Needless to say, I would have pre- The chairman of the Committee on So I wish him well on his new endeav- ferred a deliberate study of each indi- Rules said it was about readiness. For ors. vidual appropriations bill, but frankly, once we are in vague agreement. This Mr. Speaker, I yield 2 minutes to the I want to say to the American people, bill is about readiness, campaign readi- gentleman from Vermont (Mr. SAND- we want their business done. I am ness. It is stuffed to the gills with elec- ERS). grateful that those who are on waiting (Mr. SANDERS asked and was given tion-year goodies. The gentleman lists across this Nation, waiting on permission to revise and extend his re- meant military readiness, but from the marks.) Section 8 housing, these are the work- quarter of a million dollars that the Mr. SANDERS. Mr. Speaker, I thank ing poor, will now have over a 2-year Pentagon is going to be forced to spend the gentleman for yielding me the period and 100,000 extra vouchers for to study the effect of stay-awake gum time. people to live throughout the country on the troops, to the C–130J airplanes Mr. Speaker, I rise in strong opposi- and continue working. that they are going to be forced to buy tion to the Republican leadership’s I am very pleased that AmeriCorps, that will be built in the Speaker’s dis- process which has brought us to the that has helped educate any number of trict, and they will have to retire other vote we cast today, a vote which our young people, has now been funded. good planes 10 years early to accommo- merges eight separate appropriations They go into communities and help date them, it is much more of an as- bills into one huge 4,000-page omnibus senior citizens and help preschool chil- sault on the orderly readiness of our bill which will spend some $500 billion dren and help rebuild communities, and troops than it is a help. with one vote. yet then have funding to go to college. Of the $7.5 billion stuffed into the Within this huge bill there are some Frankly, I am delighted that we rec- Pentagon budget in this bill, perhaps excellent and important provisions ognize that the Census is one of the $1.1 billion, 14 percent, can be said to which are good for my State of Ver- most important tasks that we have, truly be going to the readiness needs of mont and which are good for this coun- and therefore, we will extend the time our men and women in uniform. Is $1 try, but there are some awful provi- for sampling, as well as the other form billion more for the Star Wars fantasy sions and wasteful provisions which are that is now being utilized by the Cen- that has wasted $50 billion, so far with going to cost taxpayers billions and sus agency so we can get the most ac- no successful experiments, is that the billions of dollars. It is a travesty and curate count. readiness that our troops need? I think an insult to the democratic process I am very pleased, as rains pour in not. that Members have not been able to Texas, that we have 12 million for the Is $2 billion more for intelligence vote separately on these provisions to Simms Bayou in my district and other agencies what they need? Just 3 years maintain what is good, to get out what districts to make sure that we provide ago the National Security Agency lost is bad, and to end up with the best leg- for those taxpayers who send money to $4 billion in its budget. That is right, it islation that would serve the interests this government. misplaced $4 billion, because it was of the American people. But most of all, I am proud for the trying to hide it from our enemies, and I would hope that regardless of our incremental increase in helping chil- they had a bunch of different bank ac- political point of view or the party we dren suffering from mental disabilities, counts around. They forgot they had may be in, that we will work together moving up $5 million, so we can go into the money until a new auditor came in to make sure that a process like this communities and draw in their families and found it, and they need another $2 does not take place again. and the children, and begin to rebuild Within the positive aspects of this billion? I do not think so. lives of children who are suffering from bill, there is some real help for dairy The gentleman spoke about fiscal re- mental illnesses. farmers in the State of Vermont and sponsibility. This bill is financed with I am not pleased, however, in helping throughout this country in terms of $20 billion out of the future social secu- seniors who are homebound and those the extension of the Northeast Dairy rity trust fund, the so-called surplus in home health care agencies. Yes, the Compact. There are some very impor- IPS will be delayed now from 1999 to emergency spending. That is not fiscal tant provisions for our Gulf War veter- 2000, but I wanted to give retroactive responsibility. ans, who have never gotten the kind of Mr. SOLOMON. Mr. Speaker, I yield treatment that they need, and this bill help. Though we are boosting the pay- myself 15 seconds. will provide them with some real help ments, Mr. Speaker, I think we can do Mr. Speaker, let me tell the gen- now and in the future. more. My commitment is we will do tleman that we received this bill up in There is some good help for those more to help those seniors and those the Committee on Rules at 9:30 last home health care agencies in Vermont home health care agencies. night. I was there. It was ready for any and throughout this country who have Mr. MOAKLEY. Mr. Speaker, I yield Democrat to come upstairs and see it. suffered severe cuts as a result of the 2 minutes to the gentleman from Min- I will tell the gentleman, if he would balanced budget agreement last year. nesota (Mr. SABO). have come up at 9:30 last night, he There is good legislation extending the Mr. SABO. Mr. Speaker, I thank the would have found that the State of Or- Cancer Registry Act, helping those ranking member of the Committee on egon is the real beneficiary, and so is people who are victims or hurting from Rules for yielding time to me. the gentleman’s district. He ought to cancer. There are some good provi- Mr. Speaker, I rise in support of this be here praising this bill. sions, but the process has not been bill. I intend to vote for it, but I think Mr. MOAKLEY. Mr. Speaker, I yield good. that never, in all my life, in a long leg- myself such time as I may consume. Mr. MOAKLEY. Mr. Speaker, I yield islative career, have I ever done any- Mr. Speaker, I will probably not have 2 minutes to the gentlewoman from thing so much on faith as signing this this opportunity again to congratulate Texas (Ms. JACKSON-LEE). conference report. my friend, the gentleman from New (Ms. JACKSON-LEE of Texas asked For the people who are wondering, York (Mr. SOLOMON) for the work he and was given permission to revise and this is a conference report on the has done as the chairman of the Com- extend her remarks.) transportation bill. I think that is H11588 CONGRESSIONAL RECORD — HOUSE October 20, 1998 probably less than 10 percent of the for the first time in a generation. We Mr. SOLOMON. Mr. Speaker, I yield bill, but the conferees who have signed tamed the tax collector for the first myself 30 seconds. it are those of us on that particular time ever. I just do not understand the protest bill. So I put my signature on that con- Tonight we are in the final hours of here. The gentleman has not been ference report, and 90 percent of it is this session of Congress. Now there is around here very long. Back in 1983, we something that I am taking on faith. I this omnibus bill before us. It is a bi- had 7 appropriation bills rolled into the know there are some good things in it, partisan compromise. There are things continuing resolution. That was under but I am really not taking responsibil- in it some of us do not like. There are Democrat leadership. In 1985, we had 8 ity for everything that is in it. It is things in it some of us do like. But it rolled into one bill. In 1986, we had 7. sort of what one would call an institu- is a good bill, in general, and it helps And guess what happened in 1987 and tional obligation, to move the process fight against drugs, puts more money 1988? All 13 were rolled into one con- on. into the classroom, helps family farm- tinuing resolution. Let us stop kidding Mr. Speaker, within the transpor- ers with disaster relief, helps small ourselves and come over here and vote tation bill I commend my friend, the businesses by quicker phase-in of the for the rule. gentleman from Virginia (Mr. WOLF). I 100 percent deduction for self-employed Mr. MOAKLEY. Mr. Speaker, I yield think we have produced a good bill for health insurance, provides flood re- 1 minute to the gentlewoman from the within the restraints of the budget deal lief to the Chicago south suburbs. Virgin Islands, (Ms. CHRISTIAN-GREEN). and with the fundamental transpor- Mr. Speaker, there is something very (Ms. CHRISTIAN-GREEN asked and tation problems in this country. important that is missing. I have often was given permission to revise and ex- stood in the well of this House and I tend her remarks.) b 1715 have often asked a very simple ques- Ms. CHRISTIAN-GREEN. Mr. Speak- I also have to say, Mr. Speaker, I tion: Is it right, is it fair that under er, it is with mixed feelings and some guess this is it, this big pile of paper our tax code a married working couple disappointment that today I neverthe- representing all of these bills that have with two incomes pays more in taxes less support H.R. 4328, although I do been combined in a process such as I than an identical couple, identical in- have some reservations about the rule. have never seen, really with very mini- come living together outside of mar- While many hail it as an example of mal involvement of many of the Mem- riage? It is wrong that our tax code what can be accomplished when both bers who were involved in writing the punishes marriage with higher taxes. political parties put their personal specific bills. We have this huge bill Earlier this fall, the House of Rep- agendas aside to reach compromise, now before us. Clearly, it is hard to ask resentatives passed a tax cut providing and rightly so, the final outcome of somebody to vote for it. That I cannot marriage tax relief for 28 million mar- this bill is a bittersweet victory for the do. ried working couples; $243 a year they people of the Virgin Islands. While no But, Mr. Speaker, I think we have no would have received. Unfortunately, bill is perfect and there are winners other choice at this time but simply to they have been left at the altar. and losers in every compromise, the Mr. Speaker, let us make elimination vote ‘‘yes’’ and move this bill forward. failure to even extend the rum rebate of the marriage tax penalty a number Mr. MOAKLEY. Mr. Speaker, how at its current level will deal a hard one priority of next year’s tax provi- much time remains on both sides? blow to the treasury of the Virgin Is- The SPEAKER pro tempore (Mr. sions. Mr. MOAKLEY. Mr. Speaker, I yield lands. THORNBERRY). The gentleman from This being said, I still join my col- 1 minute to the gentleman from Texas Massachusetts (Mr. MOAKLEY) has 8 leagues in applauding President Clin- ENTSEN). minutes remaining, and the gentleman (Mr. B (Mr. BENTSEN asked and was given ton and the Democratic leadership in from New York (Mr. SOLOMON) has 81⁄2 permission to revise and extend his re- this Congress for fighting and winning minutes remaining. marks.) vital new investments for the children Mr. SOLOMON. Mr. Speaker, I yield 2 Mr. BENTSEN. Mr. Speaker, I rise in of America. I want to thank also Presi- minutes to one of outstanding Mem- objection to the rule. dent Clinton, his staff and the Demo- bers from Morris, Illinois (Mr. As many speakers have said before cratic leadership and my colleagues, WELLER). me, this is a horrible process. It was many of them, who helped in securing Mr. WELLER. Mr. Speaker, I thank just a year ago that this House, in a bi- an increase in children’s health care the gentleman from New York for partisan vote, passed the Balanced funding for the children of the terri- yielding time to me. Budget Act of 1997. Now, as we head tories, and Senator CAROL MOSELEY- First, I want to salute the distin- into a time of surplus, which we do not BRAUN for introducing a companion bill guished chairman of the Committee on know how much it is going to be, we to mine which will breathe new life Rules and thank him for his leadership. have already started to spend that sur- into a fledgling watch industry. I realize tonight is his last official vote plus without planning for the future. Before I close, let me just say I also in the House of Representatives, and I Earlier this year we passed a highway ask for support to continue to work on want to thank him for his friendship bill that was at least $20 billion over those taxes for the territories. and wish him well. the Balanced Budget Act. This bill, Mr. Speaker, it is with mixed feelings and a I rise in support of this rule, and I while there is some emergency spend- great deal of disappointment that I rise today rise in support of the bill. As I look ing in it, which I think would qualify to nevertheless support H.R. 4328. While back over the last 2 years, I look back as emergency spending and I agree many hail it as an example of what can be ac- at a Congress that has accomplished a with the concept, I am afraid may well complished when both political parties put lot of things. I remember when we were set a precedent going forward where ev- their personal agendas aside to reach com- sworn in 2 years ago, there were a lot erything we cannot get under the promise, and rightly so, the final outcome of of the naysayers that said this Con- spending caps we are just going to call this bill is a bittersweet victory for the people gress could not accomplish what we an emergency and do. of the Virgin Islands. wanted to do. They said we could not I know parts of Texas have agricul- While no bill is perfect, and there are win- balance the budget. They said we could tural emergencies and we need to fund ners and losers in every compromise, the fail- not provide tax relief for middle-class that. I know there is a readiness prob- ure to even extend the rum revenue rebate at families. They said we could not reform lem. But I have some concerns about its current level has dealt a hard blow to the the welfare system. They said we could funding more for this Star Wars treasury of the Virgin Islands. not restructure and retain the IRS. project. While we did achieve some of our goals, Well, we did. The bill has some good things in it, this very important measure met with such un- As I look back over the last 2 years, the increase in NIH, which I support, expected, inexplicable and adamant opposi- we did all those things we were told we and there are offsets for that. It has tion, that important capital projects, and pro- could not do. We balanced the budget some things that are very important to grams needed to spur our lagging economy for the first time in 28 years. We cut my State. But overall the bill sets a will now go undone. taxes for the middle class for the first very bad precedent. It shows the failure The hard working people of my district who time in 16 years. We reformed welfare of this Congress. have served this country in large numbers as October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11589 far back as the revolutionary war, and who leagues would sign a $100,000 mortgage duce class size and improve the quality have made their contributions to this country without reading it. I wonder how many of our children’s education. While in other ways are deeply disappointed, but it of them would take out a $10,000 busi- Democrats may not be satisfied with is an issue that we will continue to pursue be- ness loan without reading the terms. I what was not included in this bill cause it is a very necessary part of our econo- wonder how many of my colleagues today, we will come back and fight my's revitalization. would profess to tell their constituents again and again for a Patients’ Bill of That being said, I must still join my col- that they know what is in these 4000 Rights, anti-teen smoking initiatives leagues in applauding President Clinton and pages. and an increase in the minimum wage. the Democratic Leadership in Congress, for I can tell them there is a $100 million And a Democratic majority will hope- fighting for and winning vital new investments visitors center for here, the Capitol. fully enact the reforms to guarantee for the children of America. There is another $104 million for our the future of Social Security and save The President's proposal to hire 100,000 protection. But I cannot also tell them the surplus for Social Security, which new teachers will help to reduce class sizes in there is a buyout program for the Pol- the Republican majority tried to spend the early grades thereby enhancing individual lack industry that I do not know why before it could be saved, to save that attention and increase student learning. And we need to buy those vessels. That program. by so doing, we will also be preventing more costs us about $50 million. Ronald Reagan was right. It was a kids from getting in trouble. This spends 500 billion of the tax- bad way to do business in 1988, and it is The President and Congressional Demo- payers’ money, not our money. And no a bad way to do business in 1998. crats also secured very important investments one in this room can tell us everything Mr. Speaker, it is time for a change. in child literacy, college mentoring, after- that is in it. We have been here all It is time for a Congress that works school programs and summer jobs in this bill. year. I think we can wait a few more full time to help meet the challenges of And finally green cards will be made avail- days to see to it that Members have our future instead of skipping town able to Haitian refugees. Like the majority, the opportunity to study this. If we are with unfilled promises and unmet pri- while Democrats made strides, we did not get not given the opportunity to study orities, and one that fulfills its con- everything. this, then I think the only businesslike stitutional role to produce a budget in In addition to being saddened by what we and responsible thing for the Members a manner befitting of us all. see as a major but only temporary setback on to do is to vote against it. If we want to change the agenda, it V.I. produced rum, we feel similarly about the Mr. SOLOMON. Mr. Speaker, I was in should be very clear. We have to loss this year of the school construction initia- my office at 9:30 last night, right up change the leadership of this Congress. tive, of the ``Patients Bill of Rights'' bill as well there, when this bill was delivered. No I believe the American people will do as an increase in the minimum wage for work- Democrat came up to pick it up until that, and I hope for the sake of the peo- ing families, and last but not least, the killing after 9:30 this morning. I would say to ple they do. of the comprehensive anti-Tobacco legislation the previous speaker, where was he for Mr. SOLOMON. Mr. Speaker, I yield which would have saved millions of young 12 hours when the bill was up there myself such time as I may consume. Americans from early and avoidable deaths. ready to be read? I do not want the minority leader to In closing I want to thank President Clinton Mr. MOAKLEY. Mr. Speaker, the rea- take this wrong, but he has been stand- and his staff, the Democratic Leadership, and son that nobody came and picked it up ing up here emulating my great hero, my colleagues, Appropriations Committee is because they could not find a hand Ronald Reagan. Let me just say to the Ranking Democrat DAVE OBEY, my friend from truck big enough to handle the bill. gentleman, I know Ronald Reagan. He Maryland, STENY HOYER, Congresswoman Mr. Speaker, I yield the balance of is a friend of mine. And the minority ROSA DELAURO, Congressman LOUIS STOKES, my time to the gentleman from Mis- leader is a great guy and a great friend my Chairwoman , Senator souri (Mr. GEPHARDT), our Democratic of mine but he isn’t quite the same as GRAHAM of Florida and all those too numerous leader. Ronald Reagan. to mention who helped in securing an increase Mr. GEPHARDT. Mr. Speaker, Ron- Mr. Speaker, the gentleman from in Children's Health Insurance funding for the ald Reagan stood in this Chamber near- Missouri (Mr. GEPHARDT) was just com- children of the territories. ly a decade ago and attacked the Con- plaining about being opposed to the This additional funding will mean that the gress for sending him a massive last- bill. I am looking at the conferees here. Children of our territories will have the same minute appropriation bill. Well, here Every Democrat conferee signed this opportunities for better Health Care as their we go again. bill: SABO, TORRES, OLVER, PASTOR, family and friends on the mainland. This bill is 4,000 pages long and CRAMER. And the President of the I also want to especially thank Senator weighs over 40 pounds. And at that United States is for the bill. I do not CAROL MOSELY-BRAUN for introducing a com- time Ronald Reagan said, Congress understand the protest here. panion bill to mine which would breathe new should not send another one of these b 1730 life in a fledging industry in my district by in- and, if you do, he said, I will not sign stantly creating approximately 400 new jobs it. Mr. SOLOMON. Mr. Speaker, I yield 2 on St. Croix. For this effort as well, I must Well, here they go again. This bill is minutes to the gentleman from thank Ways and Means Committee Chairman a symbol of the wasted time and mis- Sanibel, Florida (Mr. PORTER GOSS), a BILL ARCHER and Ranking Democrat CHARLIE guided priorities of a Republican Con- very valuable member of the Commit- RANGEL. Also Trade Subcommittee Chair, PHIL gress whose leadership consumed our tee on Rules. He is also the chairman CRANE and Ranking Democrat BOB MATSUI for agenda with investigations instead of of the Permanent Select Committee on their help in getting this bill passed today. legislation. Thanks to the Republican Intelligence. And I also ask for your support as we con- leadership, we have worked the fewest (Mr. GOSS asked and was given per- tinue to work for the return of funds to Puerto days and passed the fewest bills in dec- mission to revise and extend his re- Rico and the Virgin Islands as the law pro- ades. We did not even pass a budget marks.) vides. resolution in this House of Representa- Mr. GOSS. Mr. Speaker, I urge sup- And last but not least, Finance Committee tives, the first time since the Budget port for this rule, the last rule of the Chair BILL ROTH and Ranking Democrat PAT- Act passed 24 years ago. year. The last rule of this Congress. RICK MOYNIHAN for their support of the pro- For the last year Republicans in Con- This is a fair rule, it is an appropriate posal also. gress have tried to focus the debate on rule and, under the circumstances, it is My colleagues, while not have all we might anything except what is really signifi- about the only rule we could come up have wanted, this bill deserves our support. I cant to our future. They have had far with, and I think we all know it. urge all to put aside narrow partisan interest more enthusiasm for subpoenas than This is a debate about the rule, but and vote in favor of this good bill for America. for schools, and they would rather talk we are getting into process. Many peo- Mr. MOAKLEY. Mr. Speaker, I yield about the FBI than the IMF. ple have talked about budget process 1 minute to the gentleman from Mis- We were able to convince a reluctant tonight. I want everyone, all the Mem- sissippi (Mr. TAYLOR). and unwilling Republican majority to bers, to understand that we have devel- Mr. TAYLOR of Mississippi. Mr. include funding for 100,000 new teachers oped a bill, a bipartisan bill, with some Speaker, I wonder how many of my col- in this bill, teachers that will help re- very innovative new ideas for budget H11590 CONGRESSIONAL RECORD — HOUSE October 20, 1998 process reform. I say this not because and then, in 1987 and 1988, they lumped been banned. Needle exchange programs we are all proud of the process that we in all 13 of the appropriation bills. So which reduce the spread of HIV and hepatitis, have just seen and we are experiencing there is nothing unusual about doing can help to save lives, to cut this funding will tonight, but that we think we can do this. We have to compromise, we have exacerbate an already desperate situation for better. More important than that, to govern. many D.C. residents. Not surprisingly, here in there is an opportunity for Members to Upstairs earlier I posed the question, D.C. the use of Federal and D.C. funds used take that bill and read it, and I would why would a fiscal conservative like to provide women with access to abortion suggest that Members do that because myself support this kind of measure services are also denied, except in cases there are some good ideas and we when it does have a lot of excess spend- where the life of the mother is threatened, or should discuss them in the next Con- ing that I do not agree with? And I in cases of rape or incest. gress. pointed out there are three reasons: It should also be no surprise that gays and I would also like to point out the ob- Number one is that the growth of lesbians were denied important freedoms vious. There is much in this bill. There Federal spending has been slowed to 3 under the D.C. appropriations bill. In light of is much I like, there is much that oth- percent. That is something that we fis- the hateful and violent crime against Matthew ers like, and there is much that some cal conservatives have been fighting Shepard during this pat month, it should be of us are not so sure about at this for for years, and we finally have suc- clear to all of us, that our gay and lesbian con- point. That is the way it is because we ceeded in this bill that is before us stituents deserve the same equal rights as all have, right now, a situation of shared today. of us. power in this country. That is what the The second reason is that the bill I am also dismayed that a crucial provision voters have dealt us. We also have a raises the overall spending for our of the foreign appropriations bill reduces funds separation of powers. That is what the military preparedness, something that for international family planning assistance. Constitution has given us. And we have is so terribly, terribly needed today. The elimination of funding by the United certainly something here that is a That is the reason I am going to vote States for the U.N. Population Fund will de- product where we should not be wor- for the bill. prive several hundred thousand women of ef- ried about winners or losers on a par- And, finally, it increases both the fective contraception and put many of these tisan basis, we should be worried about level of spending and gives legislative women at risk for life threatening illnesses and whether America wins. clout to programs to deal with the injuries during an unwanted to unplanned I suggest America is going to win in most important issue facing this Na- pregnancy. More than 1,000 women will die as a number of ways with this piece of tion today, and that is the illegal drug a result of these cuts. This simply is not ac- legislation. Certainly in education, as war that is taking away a whole new ceptable. we have heard. Certainly in intel- generation of Americans. We have to Under the Labor HHS bill, this Congress ligence, as we have not heard. We are do something about it. This bill does it. has voted not to cover Federal funding for reinvesting in the future, so some of That is why we should all come over needle exchange programs, prohibit the use of the tragedies that were witnessed here and vote for the rule, and then we Federal funds for embryo research, and ex- around the globe this year hopefully should vote for the omnibus bill. pand the Hyde language to cover Medicare will not catch us by surprise or happen I salute the chairman of the Commit- funding, meaning that women dependent on again. Certainly in defense. Certainly tee on Appropriations, the gentleman Medicare will not be able to access abortions. in the war on drugs. Certainly in a from Louisiana (Mr. BOB LIVINGSTON), All of these decisions are harmful to women number of other areas that will be of for an outstanding job on bringing this and to our less powerful members of society. interest to all Americans in their qual- to the floor today, and I urge support Those who cannot fend for themselves should ity of life and in their pocketbook. for the bill. find protection through our Government. Yet, So I think this is a good piece of Ms. JACKSON-LEE of Texas. Mr. Speaker, to refuse poor women on Medicare the choice work, even though I would admit the I rise to address some concerns on the Rule to an abortion, and to vote not to provide our process has been a little unusual. in H.R. 4328, the Omnibus Appropriations for sick citizens with access to clean needles is The final thing I want to do is to pay the FY 99 Conference Report. shameful. my public respects to the gentleman Although many of us are satisfied with the The Treasury Postal appropriations bill pro- from New York (Mr. SOLOMON), chair- bill, we are very unhappy with the process that vision continues a prohibition on the use of man of the Committee on Rules. I have got us here. This bill contains over half of the funds for abortion in connection with any followed the gentleman, who has been a appropriations necessary to keep this country health plan under the Federal employees great mentor and a great leader. He going next year, including the funding for the health benefit program, except where the life lead while we were in the minority, as Departments of Labor, Health and Human of the mother is threatened or where the a ranking member, when we were badly Services, Commerce, Justice, State, Agri- woman is a victim of rape or incest. Under Su- outnumbered. He has led in the major- culture, and Interior. It represents the most preme Court decisions, women have been al- ity, as the majority leader and chair- vital programs for our elderly, our disabled, lowed the choice for abortion and reproductive man of the Committee on Rules, when our impoverished, and most importantly, our freedom, yet the leadership in this Congress we are also badly outnumbered on children. We simply cannot afford to play par- has done everything within its power to erode many occasions. I want to thank him, tisan politics with these people's lives, and these import rights. share my respects, and to the gen- hope that next year we will have a Democratic Furthermore, this bill has come to the floor tleman from Massachusetts (Mr. MOAK- Congress so that we do not have to play without adequate time for review. The bill LEY) as well. these games. itself, along with the conference report total The SPEAKER pro tempore (Mr. Throughout this 105th Congress women's well over 1,000 pages, THORNBERRY). The gentleman from concerns have been repeatedly ignored. The The way that this bill comes to the floor; Massachusetts (Mr. MOAKLEY) has 2 Republican leadership has with one exception however, should not surprise any of us. This minutes remaining. The minority lead- voted to reduce women's choices for adequate is the same majority that passed a ``martial er yielded back 2 minutes to the gen- health care and has attempted to disempower law'' resolution last week, which allows them tleman. The gentleman from New York us. It should be no surprise that once again to bring a bill to the floor without notice, with- (Mr. SOLOMON) has 3 minutes remain- women Federal prisoners are once again de- out preparation, and without adequate time for ing. nied the right to choose an abortion. Women deliberation. This is the same majority that Mr. MOAKLEY. Mr. Speaker, I yield who discover they are pregnant after incarcer- brought the Labor-HHS appropriations bill to back the balance of my time. ation, have no option but to have a child which the floor for debate on just one issue, family Mr. SOLOMON. Mr. Speaker, I yield they will not have custody to, during their pris- planning, to appease their supporters on the myself the balance of my time just to on term. far-right. This is the same majority that did not briefly say that there is nothing un- The option to choose abortion, is one that is include Democratic representatives in their usual about considering a group of ap- not available to them, and this is wrong and Conference Committee meetings. Having seen propriation bills in an omnibus bill. unfair. how the majority has handled this appropria- The Democrats controlled this body for In addition, here in the District of Columbia, tions process, should we be surprised by the 40 years. All during the 1980s they the use of local and Federal funding for nee- manner this bill has come to the floor? No. lumped in 7 bills, 3 bills, 8 bills, 7 bills; dle exchange programs in the District have Are we outraged? Yes! October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11591 I urge all of you to vote against this rule, to Lampson Oxley Shimkus b 1753 reaffirm our commitment to the Democratic Lantos Packard Shuster Largent Pallone Sisisky Messrs. WEXLER, VENTO and process. Latham Pappas Skeen OLVER changed their vote from ‘‘yea’’ Mr. SOLOMON. Mr. Speaker, I yield LaTourette Parker Skelton to ‘‘nay.’’ back the balance of my time, and I Lazio Pascrell Slaughter Smith (MI) Messrs. STUMP, HINOJOSA and move the previous question on the res- Leach Pastor Levin Paul Smith (OR) PORTMAN changed their vote from Smith (TX) olution. Lewis (CA) Paxon ‘‘nay’’ to ‘‘yea.’’ Smith, Adam The previous question was ordered. Lewis (GA) Pease Smith, Linda So the resolution was agreed to. The SPEAKER pro tempore. The Lewis (KY) Pelosi Snowbarger The result of the vote was announced question is on the resolution. Linder Peterson (PA) Snyder Livingston Petri as above recorded. The question was taken; and the Solomon LoBiondo Pickering Souder A motion to reconsider was laid on Speaker pro tempore announced that Lowey Pickett Spence the table. Lucas Pitts the ayes appeared to have it. Spratt f Mr. MOAKLEY. Mr. Speaker, I object Maloney (NY) Pombo Stabenow Manton Pomeroy Stearns to the vote on the ground that a Manzullo Porter Stenholm PROVIDING FOR CONSIDERATION quorum is not present and make the Markey Portman Stokes OF S. 1132, BANDELIER NATIONAL point of order that a quorum is not Mascara Price (NC) Strickland MONUMENT ADMINISTRATIVE present. Matsui Quinn Stump IMPROVEMENT AND WATERSHED Sununu McCarthy (NY) Radanovich PROTECTION ACT OF 1998 AND S. The SPEAKER pro tempore. Evi- McCollum Ramstad Talent dently a quorum is not present. McCrery Rangel Tanner 2133, PRESERVATION OF THE Tauzin The Sergeant at Arms will notify ab- McDade Redmond ROUTE 66 CORRIDOR Taylor (NC) McGovern Regula sent Members. Thomas The SPEAKER pro tempore (Mr. McHugh Reyes Thornberry The SPEAKER pro tempore. Without McInnis Riggs THORNBERRY). The pending business is objection, the Chair will reduce to 5 Thune McIntosh Riley Tierney the question of agreeing to House Reso- minutes the time for any electronic McIntyre Rodriguez Torres lution 604, on which the yeas and nays vote on H. Res. 604 after this vote. McKeon Roemer Traficant were ordered. There was no objection. McNulty Rogan Turner The Clerk read the title of the resolu- Meek (FL) Rogers Upton The vote was taken by electronic de- Meeks (NY) Rohrabacher Velazquez tion. vice, and there were—yeas 333, nays 88, Metcalf Ros-Lehtinen Visclosky The SPEAKER pro tempore. The not voting 13, as follows: Mica Rothman Walsh question is on the resolution. Millender- Roukema Wamp This will be a 5-minute vote. [Roll No. 536] McDonald Roybal-Allard Watkins YEAS—333 Miller (FL) Royce Watts (OK) The vote was taken by electronic de- Mink Ryun Weldon (FL) vice, and there were—yeas 229, nays Abercrombie Coburn Gilman Weller Ackerman Collins Gonzalez Moakley Sabo 189, not voting 16, as follows: Moran (KS) Sandlin White Aderholt Combest Goode Whitfield [Roll No. 537] Moran (VA) Sanford Archer Cook Goodlatte Wicker Morella Sawyer YEAS—229 Armey Cooksey Goodling Wilson Saxton Bachus Cox Goss Murtha Wise Aderholt Deal Hyde Baesler Cramer Graham Myrick Schaefer, Dan Wolf Archer DeLay Inglis Baker Crane Granger Nethercutt Schaffer, Bob Wynn Armey Diaz-Balart Istook Baldacci Crapo Greenwood Neumann Schumer Young (AK) Bachus Dickey Jenkins Ballenger Cubin Gutknecht Ney Scott Young (FL) Baker Doolittle Johnson (CT) Barcia Cummings Hall (OH) Northup Sensenbrenner Ballenger Dreier Johnson, Sam Barr Cunningham Hall (TX) Norwood Serrano Barcia Duncan Jones Barrett (NE) Danner Hamilton Nussle Sessions Barr Dunn Kasich Bartlett Davis (VA) Harman Obey Shadegg Barrett (NE) Ehlers Kelly Barton Deal Hastert Ortiz Shaw Bartlett Ehrlich Kim Bass Delahunt Hastings (WA) Barton Emerson King (NY) Bateman DeLauro Hayworth NAYS—88 Bass English Kingston Bereuter DeLay Hefley Bateman Ensign Klug Berman Diaz-Balart Hefner Allen Green Neal Bereuter Everett Knollenberg Berry Dickey Herger Andrews Gutierrez Olver Bilbray Ewing Kolbe Bilbray Dicks Hill Barrett (WI) Hastings (FL) Owens Bilirakis Fawell LaHood Bilirakis Dingell Hilleary Bentsen Hilliard Payne Bliley Foley Lantos Bishop Dixon Hinchey Bonior Holden Peterson (MN) Blunt Forbes Largent Blagojevich Dooley Hinojosa Borski Hoyer Rahall Boehlert Fossella Latham Bliley Doolittle Hobson Brown (CA) Jackson (IL) Rivers Boehner Fowler LaTourette Blumenauer Doyle Hoekstra Cardin Jackson-Lee Rush Bonilla Fox Lazio Blunt Dreier Hooley Bono Franks (NJ) Leach Carson (TX) Salmon Boehlert Duncan Horn Sanchez Boswell Frelinghuysen Lewis (CA) Christensen Johnson, E. B. Boehner Dunn Hostettler Sanders Brady (TX) Gallegly Lewis (KY) Clayton Kanjorski Bonilla Ehlers Houghton Scarborough Bryant Ganske Linder Clyburn Kildee Bono Ehrlich Hulshof Shays Bunning Gekas Livingston Boswell Emerson Hunter Condit Kind (WI) Sherman Burr Gibbons LoBiondo Boucher Engel Hutchinson Conyers Kleczka Skaggs Burton Gilchrest Lucas Boyd English Hyde Costello Klink Stupak Buyer Gillmor Manzullo Brady (PA) Eshoo Inglis Coyne LaFalce Taylor (MS) Callahan Gilman McCollum Brady (TX) Evans Istook Davis (FL) Lee Thompson Calvert Goodlatte McCrery Brown (FL) Everett Jefferson Davis (IL) Lipinski Thurman Camp Goodling McDade Brown (OH) Ewing Jenkins DeFazio Lofgren Tiahrt Campbell Goss McHugh Bryant Farr John DeGette Luther Towns Canady Graham McInnis Bunning Fattah Johnson (CT) Deutsch Maloney (CT) Vento Cannon Granger McIntosh Burr Fawell Johnson (WI) Doggett Martinez Waters Castle Greenwood McKeon Burton Foley Johnson, Sam Edwards McCarthy (MO) Watt (NC) Chabot Gutknecht Metcalf Buyer Forbes Jones Ensign McDermott Waxman Chambliss Hastert Mica Callahan Fossella Kaptur Etheridge McHale Weldon (PA) Chenoweth Hastings (WA) Miller (FL) Calvert Fowler Kasich Filner McKinney Wexler Christensen Hayworth Moran (KS) Camp Fox Kelly Ford Menendez Woolsey Coble Hefley Morella Campbell Franks (NJ) Kennedy (MA) Frank (MA) Miller (CA) Yates Coburn Herger Myrick Canady Frelinghuysen Kennelly Furse Minge Collins Hill Nethercutt Cannon Frost Kilpatrick Gordon Nadler Combest Hilleary Neumann Capps Gallegly Kim Cook Hobson Ney Castle Ganske King (NY) NOT VOTING—13 Cooksey Hoekstra Norwood Chabot Gejdenson Kingston Cox Horn Nussle Chambliss Gekas Klug Becerra Mollohan Stark Crane Hostettler Oxley Chenoweth Gephardt Knollenberg Fazio Oberstar Tauscher Crapo Houghton Packard Clay Gibbons Kolbe Hansen Poshard Weygand Cubin Hulshof Pappas Clement Gilchrest Kucinich Kennedy (RI) Pryce (OH) Cunningham Hunter Parker Coble Gillmor LaHood Meehan Smith (NJ) Davis (VA) Hutchinson Paul H11592 CONGRESSIONAL RECORD — HOUSE October 20, 1998 Paxon Saxton Talent b 1804 Mr. NEUMANN. Mr. Speaker, may I Pease Scarborough Tauzin Peterson (PA) Schaefer, Dan Taylor (NC) So the resolution was agreed to. inquire if the gentleman from Wiscon- Petri Schaffer, Bob Thomas The result of the vote was announced sin (Mr. OBEY) is in opposition to the Pickering Sensenbrenner Thornberry as above recorded. bill? Pitts Sessions Thune A motion to reconsider was laid on The SPEAKER pro tempore. The Pombo Shadegg Tiahrt Porter Shaw Traficant the table. Chair will inquire of the gentleman Portman Shays Upton f from Wisconsin (Mr. OBEY) if he sup- Quinn Shimkus Walsh ports or opposes the conference report. Radanovich Shuster Wamp REMOVAL OF NAME OF MEMBER Mr. OBEY. I support the conference Ramstad Skeen Watkins AS COSPONSOR OF HOUSE CON- Redmond Skelton Watts (OK) report, Mr. Speaker. Regula Smith (MI) Weldon (FL) CURRENT RESOLUTION 345 Mr. NEUMANN. Mr. Speaker, I be- Riggs Smith (NJ) Weldon (PA) Mr. ROHRABACHER. Mr. Speaker, I lieve under House rule XXVIII, clause Riley Smith (OR) Weller ask unanimous consent that my name Rogan Smith (TX) White 2, that it is permitted in the House for Rogers Smith, Linda Whitfield be removed as a cosponsor of House a Member in opposition to rise and Rohrabacher Snowbarger Wicker Concurrent Resolution 345. My name claim one-third of the time in the Ros-Lehtinen Solomon Wilson was added to this bill in error. event both Members support the bill. Roukema Souder Wolf The SPEAKER pro tempore (Mr. Royce Spence Young (AK) The SPEAKER pro tempore. Does the Ryun Stearns Young (FL) THORNBERRY). Is there objection to the gentleman from Wisconsin (Mr. NEU- Salmon Stump request of the gentleman from Califor- MANN) oppose the conference report? Sanford Sununu nia? Mr. NEUMANN. Yes, Mr. Speaker, I NAYS—189 There was no objection. do. f Abercrombie Gutierrez Murtha The SPEAKER pro tempore. The gen- Ackerman Hall (OH) Nadler FURTHER MESSAGE FROM THE tleman qualifies. Allen Hall (TX) Neal SENATE Under the rules of the House, the Andrews Hamilton Oberstar gentleman from Louisiana (Mr. LIVING- Baesler Harman Obey A further message from the Senate STON) will be recognized for 20 minutes, Baldacci Hastings (FL) Olver by Mr. Lundregan, one of its clerks, an- Barrett (WI) Hefner Ortiz the gentleman from Wisconsin (Mr. Bentsen Hilliard Owens nounced that the Senate agrees to the OBEY) will be recognized for 20 min- Berman Hinchey Pallone report of the Committee of Conference utes, and the gentleman from Wiscon- Berry Hinojosa Pascrell on the disagreeing votes of the two sin (Mr. NEUMANN) will be recognized Bishop Holden Pastor Houses on the amendment of the Sen- Blagojevich Hooley Payne for 20 minutes. Blumenauer Hoyer Pelosi ate to the bill (H.R. 1757) ‘‘An Act to The Chair recognizes the gentleman Bonior Jackson (IL) Peterson (MN) consolidate international affairs agen- from Louisiana (Mr. LIVINGSTON). Borski Jackson-Lee Pickett cies, to authorize appropriations for Boucher (TX) Pomeroy the Department of State and related GENERAL LEAVE Boyd Jefferson Price (NC) Mr. LIVINGSTON. Mr. Speaker, I ask agencies for fiscal years 1998 and 1999, Brady (PA) John Rahall unanimous consent that all Members Brown (CA) Johnson (WI) Rangel and to ensure that the enlargement of Brown (FL) Johnson, E. B. Reyes the North Atlantic Treaty Organiza- may have 5 legislative days within Capps Kanjorski Rivers tion (NATO) proceeds in a manner con- which to revise and extend their re- Cardin Kaptur Rodriguez marks and that I may include tabular Carson Kennedy (MA) Roemer sistent with United States interests, to Clay Kennelly Rothman strengthen relations between the and extraneous material on H.R. 4328. Clement Kildee Roybal-Allard The SPEAKER pro tempore. Is there Clyburn Kilpatrick Rush United States and Russia, to preserve the prerogatives of the Congress with objection to the request of the gen- Condit Kind (WI) Sabo tleman from Louisiana? Conyers Kleczka Sanchez respect to certain arms control agree- There was no objection. Costello Klink Sanders ments, and for other purposes.’’ Coyne Kucinich Sandlin Mr. LIVINGSTON. Mr. Speaker, I Cramer LaFalce Sawyer f yield myself 6 minutes. Cummings Lampson Schumer Danner Lee Scott CONFERENCE REPORT ON H.R. 4328, (Mr. LIVINGSTON asked and was Davis (FL) Levin Serrano DEPARTMENT OF TRANSPOR- given permission to revise and extend Davis (IL) Lewis (GA) Sherman TATION AND RELATED AGEN- his remarks.) DeFazio Lipinski Sisisky Mr. LIVINGSTON. Mr. Speaker, this DeGette Lofgren Skaggs CIES APPROPRIATIONS ACT, 1999 Delahunt Lowey Smith, Adam Mr. LIVINGSTON. Mr. Speaker, pur- is the conference report to accompany DeLauro Luther Snyder suant to House Resolution 605, I call up the Transportation Appropriations Deutsch Maloney (CT) Spratt the conference report on the bill (H.R. Act, H.R. 4328, for the consideration of Dicks Maloney (NY) Stabenow the House. The historians will refer to Dingell Manton Stenholm 4328) making appropriations for the De- Dixon Markey Stokes partment of Transportation and relat- this bill as the Omnibus Consolidated Doggett Martinez Strickland ed agencies for the fiscal year ending and Emergency Supplemental Appro- Dooley Mascara Stupak priations Act of 1999. Mr. Speaker, the Doyle Matsui Tanner September 30, 1999, and for other pur- Edwards McCarthy (MO) Taylor (MS) poses, and ask for its immediate con- title of the Transportation Appropria- Engel McCarthy (NY) Thompson sideration. tions Act is amended in this conference Eshoo McDermott Thurman The Clerk read the title of the bill. report. Etheridge McGovern Tierney Mr. Speaker, this bill includes eight Evans McHale Torres The SPEAKER pro tempore. Pursu- Farr McIntyre Towns ant to House Resolution 605, the con- regular Fiscal Year 1999 appropriation Fattah McKinney Turner ference report is considered as having bills wrapped up in a bundle—Treasury, Filner McNulty Vento Transportation, Foreign Operations, Ford Meek (FL) Visclosky been read. Frank (MA) Meeks (NY) Waters (For conference report and state- Commerce-Justice, District of Colum- Frost Menendez Watt (NC) ment, see proceedings of the House of bia, Labor-HHS-Education, Interior, Furse Millender- Waxman Monday, October 19, 1998.) and the once vetoed Agriculture bill. Gejdenson McDonald Wexler Total discretionary amount included in Gephardt Miller (CA) Wise The SPEAKER pro tempore. The gen- Gonzalez Minge Woolsey tleman from Louisiana (Mr. LIVING- this bill is roughly $221 billion. It also Goode Mink Wynn STON) and the gentleman from Wiscon- includes a $20 billion emergency sup- Gordon Moakley Yates sin (Mr. OBEY) each will control 30 min- plemental appropriation that funds our Green Moran (VA) utes. troops in Bosnia, addresses the Y2K NOT VOTING—16 PARLIAMENTARY INQUIRY problem, and fully funds, indeed ex- Becerra Meehan Stark Mr. NEUMANN. Parliamentary in- ceeds, the administration’s request for Brown (OH) Mollohan Tauscher quiry, Mr. Speaker. diplomatic security around the world Clayton Northup Velazquez The SPEAKER pro tempore. The gen- as well as addressing security concerns Fazio Poshard Weygand Hansen Pryce (OH) tleman will state his parliamentary in- here at the Capitol. It also makes an $8 Kennedy (RI) Slaughter quiry. billion long overdue commitment to October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11593 address the readiness needs of the cause of this restriction. I do antici- achieved the first surplus in 30 years. United States military along with Bos- pate that census sampling will remain We have in this Congress provided the nia funding which was not originally illegal. first tax cut in 16 years, and that it is requested by the President in his ini- There is money in this bill for the important to vote for this bill and go tial budget request. Korean Energy Development Program, home to our districts to explain why This conference report includes popularly known as KEDO, but such we should come back in the majority in emergency agriculture funding to the funds are contingent on the President the 106th Congress. tune of nearly $6 billion. It also in- assuring Congress that there is real, Mr. Speaker, I urge the adoption of cludes $1.5 billion not requested by the and I mean real, progress in the effort this conference report. Clinton administration to address the to get the North Koreans to end their Mr. Speaker, I include the following ravages of Hurricane Georges, and it missile programs. for the RECORD. provides $700 million for various drug There is language important to many interdiction related activities. Members that allows certain Haitian Mr. Speaker, some have inquired whether Mr. Speaker, because this bill has be- refugees to receive green cards. the Government of Israel has agreed to make- come a vehicle to clean out the re- The effort to fund 100,000 teachers is up the shortage in its annual commitment to mainder of the legislative schedule, it begun in this bill. purchase and ship, on U.S.-flag vessels, also contains several items on which I want to make two points here. American grain. authorizers could come to agreement First, for my friends on this side of the Many of us have been concerned, specifi- such as the Chemical Weapons Conven- aisle who believe strongly as I do that cally my good friend from California, Con- tion Implementation Act, an agreed money and power needs to be directed gressman LANTOS, that the Government of upon list of tax extenders, a 6-month to the state and local school districts Israel has in recent years been late in achiev- extension of the airport improvement through block grants, this bill does ex- ing its commitment to purchase and ship, on program, the H1B extension of tem- actly that. There is $7.7 billion in edu- U.S.-flag vessels, American grain. In response porary visas for certain professional cational block grants earmarked for to our concerns, the Israeli Ambassador, workers, a 3-year moratorium on Inter- local governments. This is nearly $500 Zalman Shoval, has forcefully renewed the net taxation, and a framework to ad- million more than last year. Government of Israel's commitment and dress the difficult but important issue This provision gets lost in the flurry agreed that the Government of Israel would of Internet pornography and the State of rhetoric about education, but it is a make up any shortfall immediately. I am Department reorganization bill, al- fact. We are doing what the American pleased with his response. I would like to sub- though the U.N. reform provisions are people want done, turning back money mit for the record a letter from the Ambas- not included. and decision making power into the sador to Congressman LANTOS and me and There are other provisions that were classrooms and away from the bureau- our response thereto. resolved under the framework of the crats in the Federal triangle. In addition, I expect to receive very shortly appropriations process that I would I want to note the contributions here the Government of Israel's Fiscal Year 1999 like to highlight at this point. The bill of one of our retiring Members. The en- ``Side Letter.'' The Ambassador has assured contains a provision that concluded the tire 100,000 teachers concept began with me that this letter will include a statement that year-long debate over increasing the my friend, the gentleman from New the Government of Israel will ensure that pri- quota share of the IMF. The final prod- York (Mr. PAXON). He was advocating vate grain purchasers and importers will char- uct bears a remarkable resemblance to this program long before anyone else. I ter qualified privately owned U.S.-flag com- the reforms proposed earlier this year am proud to have been a prime cospon- mercial vessels to carry grain from the U.S. to by the gentleman from Alabama (Mr. sor of that initiative. When the gen- Israel. CALLAHAN) and myself. tleman from New York (Mr. PAXON) re- EMBASSY OF ISRAEL, tires, this will be one more way for us Washington, DC, October 1, 1998. b 1815 to remember his very dedicated public Hon. ROBERT L. LIVINGSTON, These reforms should assure Mem- service. Chairman, Appropriations Committee, House of Representatives, Washington, DC. bers that there will be reform of the Mr. Speaker, there is much else in Hon. TOM LANTOS, IMF procedures prior to its receiving this bill, the 40 pounds of documents Member of Congress, House of Representatives, additional funds. that are in front of you. There are un- Washington, DC. The Mexico City language that has doubtedly things many Members can DEAR CONGRESSMEN LIVINGSTON AND LAN- been of such interest to many Members embrace; likewise, there may be things TOS: The GOI has previously written to you on this side of the aisle remains in the that some Members did not get as re- concerning its commitment to cause the em- same authorizing legislation that con- quested. ployment of U.S.-flag dry bulk carriers for tains the UN reforms. This legislation But, personally, I long for the day the carriage of approximately 800,000 tons of has passed Congress, and I am told will when we can break free of this omnibus grain for the period, October 1, 1997 through September 30, 1998. To the extent that ex- be sent to the President for his disposi- concept. Its greatest virtue is its great- traordinary circumstances may lead to a tion. est vice. It must be swallowed whole to shortfall in fullfilling this commitment in The census along with the rest of the complete our business. It must be swal- that period, the shortfall will be made up in Commerce-Justice section of this bill lowed whole, so the good goes down the next succeeding fiscal year without dimi- have restrictions on the funding after with the bad, and that can easily be nution in the full commitment. June 15th, 1999. Hopefully, we will have avoided. Accordingly, this will confirm our commit- a final court decision on the future of We on the Committee on Appropria- ment to cause to be shipped, as provided in statistical sampling on the census. I tions are not happy doing our business the Cargo Preference Act, in FY 1999 the ap- might add that such sampling has, for that way. We are prepared to work proximately 350,000 MT of grain on such car- the moment, been ruled to be illegal. I with anyone willing to restore the in- riers, that constitutes the shortfall from FY want to point out that when this issue tegrity of the process. But I might re- 1998, in addition to the commitment for FY 1999. is resolved, we will have to make ar- mind Members that by adopting this Sincerely, rangements in the spring to assure bill, we can show that we can govern, ZALMAN SHOVAL, these agencies are not shut down be- that we have balanced the budget and Ambassador. H11594 CONGRESSIONAL RECORD — HOUSE October 20, 1998

CONGRESS OF THE UNITED STATES, fiscal year 1999 renewal of its annual com- Again, thank you for your response. We ap- Washington, DC, October 13, 1998. mitment to purchase at least 1.6 million preciate your efforts and assistance with this Hon. ZALMAN SHOVAL, metric tons of grain in the United States and matter. Ambassador to the United States, Embassy of to ship at least half of that quantity, 800,000 Sincerely, Israel, Washington, DC. metric tons, on qualified, privately owned, BOB LIVINGSTON, DEAR AMBASSADOR SHOVAL: Thank you for commercial U.S.-flag vessels. Member of Congress. your letter dated October 1, 1998, regarding Moreover, we acknowledge receipt of GOI’s TOM LANTOS, the Government of Israel’s (GOI) grain pur- further commitment to make up the fiscal Member of Congress. chase and shipment commitments. year 1998 shortfall of 350,000 metric tons by We consider the GOI’s grain purchase and shipping this amount of grain on qualified, Mr. Speaker, at this point in this shipment commitment embodied in the an- privately owned, commercial U.S.-flag ves- RECORD, I would like to insert several nual ‘‘Side Letter’’ issued by the GOI to be sels. This amount of grain will be in addition the utmost importance to the United States. to the GOI’s 800,000 ton fiscal year 1999 com- tables containing summaries of the ap- We hereby acknowledge receipt of the GOI’s mitment. propriations in this conference report. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11595 H11596 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11597 H11598 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11599 H11600 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11601 H11602 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11603 H11604 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11605 H11606 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11607 H11608 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11609 H11610 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11611 H11612 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11613 H11614 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11615 H11616 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11617 H11618 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11619 H11620 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11621 H11622 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11623 H11624 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11625 H11626 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11627 H11628 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11629 H11630 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11631 H11632 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11633 H11634 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11635 H11636 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11637 H11638 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11639 H11640 CONGRESSIONAL RECORD — HOUSE October 20, 1998 October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11641 H11642 CONGRESSIONAL RECORD — HOUSE October 20, 1998 Mr. OBEY. Mr. Speaker, I yield two ment spending. We rejected the plans American people is going to disappear minutes to the gentlewoman from Cali- of the past that raised taxes to try and this evening as we cast final vote of fornia (Ms. PELOSI). balance the budget, it is the wrong so- this House of Representatives for this Ms. PELOSI. Mr. Speaker, I thank lution. We said we were going to get term. the gentleman for yielding me time government spending under control, Mr. Speaker, I reserve the balance of and for his extraordinary leadership in and then we passed the legislation that my time. guiding us to a bill that many of us can had budget caps in place that would ac- Mr. LIVINGSTON. Mr. Speaker, I now support on the floor. tually bring that about. yield two minutes to the gentleman As ranking member on the Sub- So what is happening here tonight? from Texas (Mr. ARMEY), the distin- committee on Foreign Operations of Well, four years later we have gotten guished majority leader. the Committee on Appropriations, I to a point where we have a balanced Mr. ARMEY. Mr. Speaker, aside from unfortunately had to oppose my own budget. In fact, for the first time since reversing our military’s decline, boast- subcommittee legislation when it came 1969, for the last 12 months running, ing our missile defense efforts, direct- to the floor. I am pleased to say, Mr. this government spent less money than ing scarce education dollars to the Speaker, that under the leadership of they had in their checkbook. classroom, this bill gives us a more re- the gentleman from Wisconsin (Mr. The Members of Congress that sponsible international economic pol- OBEY), working with our subcommittee brought us to this point where we actu- icy by reforming the IMF. chair, the gentleman from Alabama ally have a balanced budget, and we When the President first asked Con- (Mr. CALLAHAN), although Mr. CAL- got there by controlling spending rath- gress to provide money for the Inter- LAHAN is not fully supportive of some er than by raising more taxes from the national Monetary Fund, many in this of the increases in the bill that we American people, that is an accom- town expected us to give it away with have, we are able to have a product on plishment that they should be proud of. no-questions-asked and no-strings-at- the floor today that I can support. It is something that this whole Con- tached. But this House said ‘‘Wait a The conference for the foreign oper- gress and the whole Nation should be minute.’’ ations bill has a total funding of $13.5 proud, that we got to this point. By allowing time for deliberation, we billion for ongoing programs and hap- But now look what is going on. Two have furthered a debate that I believe pily and at long last $18 billion for the weeks ago, the Republicans brought a will transform our policies in the world International Monetary Fund. With the plan to the floor of the House of Rep- economy. Because of our decision, the International Monetary Fund, the full resentatives to lower taxes, and the IMF is now a thoroughly chastised in- $18 billion is included. The bill includes Members on the other side, myself in- stitution and everyone from Henry Kis- language taken in large part from the cluded, we said ‘‘No, we can’t do tax singer to Tony Blair to Milton Fried- bipartisan bill reported out of the Com- cuts if it is going to use money from man and George Shultz now agree it mittee on Banking and Financial Serv- the Social Security surplus.’’ must be radically changed. This bill is ices calling upon the administration to Now here it is two weeks later. a first step. seek and obtain important policy Where are all those people complaining The IMF reforms in this bill, while changes at the IMF in areas such as two weeks ago that we could not do tax much less than I would have preferred, labor rights, environmental protection, cuts with part of this surplus? Where are significant. For the first time, the changing investor expectations about are they tonight? Because tonight IMF will be required to open its books official rescues the moral hazard argu- what is about to happen is we are about to the public and expose itself to tax- ment, opening markets and taking so- to reach into that Social Security sur- payer accountability. For the first cial conditions into account in loan plus, that money that is supposed to be time, not only the IMF, but also the programs. set aside to preserve and protect Social major governments that control it, will The inclusion of the IMF funding in Security for our seniors, and what is publicly endorse prudent lending re- the bill ends a yearlong effort by the about to happen here tonight is we are forms to address the moral hazard House Republican leadership linking going to reach right into that surplus problem. The IMF must move away this funding to international family and we are going to spend $20 billion from its lend cheap lending policies planning. That international family that belongs to be set aside for our sen- that have inflamed moral hazard, en- planning linkage is still there for UN iors and Social Security, and that is couraged reckless investment and led arrears. It took an international finan- wrong. to the instability that plagues much of cial crisis to end the linkage between Let me just say something: The idea the world today. IMF funding and the prohibitions that of using Social Security money for tax For the record, let me be clear about our Republican colleagues want to in- cuts, I oppose that. The idea of using one point: We expect that the lending clude in this bill on international fam- Social Security money for new govern- reforms, that is, the interest rate and ily planning. What will it take at the ment spending, I adamantly oppose maturity reforms, will be broadly ap- UN? Will we lose our vote before the that. That is much more wrong than plied. This includes situations in which Republicans will agree to de-link the what was being proposed two weeks a country is experiencing a balance of international family planning prohibi- ago. payments problem that is related to tions from the UN arrears? Frankly, both sides are wrong on this larger structural deficiencies. For ex- The additional funding in this bill thing. Social Security money, this sur- ample, the IMF assistance of the type will help a number of vital programs— plus that we are looking at today, So- provided to Indonesia, Russia, Thailand $200 million has been added for the New cial Security money should be used for and in the future perhaps Brazil and Independent States and increased fund- Social Security, period. other countries with liquidity as well ing for other areas. The bill fully funds I rise in strong opposition to this bill as other problems would be subject to UN arrears, I am pleased to say, for the tonight. It is not fair to the seniors of this reform. A narrow application of global environmental facilities. this Nation that we take money that is these reform provisions would not be All in all, I am pleased with the bill, supposed to be set aside for Social Se- justified. and I will support it. curity and we go and spend it on new Mr. Speaker, if 1929 taught us any- Mr. NEUMANN. Mr. Speaker, I yield government spending programs. Lest thing, it taught us that a wrong-headed myself such time as I may consume. there be anyone in this chamber that response to a financial setback can Mr. Speaker, four years ago, 73 new misses what is going on in this bill, the turn a crisis into a calamity. I remain Members came to the House of Rep- spending caps, yes, they are being hon- very much concerned that that could resentatives. We came here facing ored. But there is $20 billion under a happen to the United States and to the Medicare on the verge of bankruptcy, classification called ‘‘emergency spend- world today. we came here facing $200 billion a year ing’’ that is spending outside the budg- Through this IMF debate and by deficits, and we said we were going to et caps. these IMF reforms we have put the ad- be different in the House now. We said So make no mistake about it. If this ministration on notice. Congress in- we are going to get us to a balanced bill passes, $20 billion of that surplus tends to help shape our international budget by controlling wasteful govern- that we worked so hard to bring to the economic policies, and to help put the October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11643 world back on a course of continued I think, or what I see in this bill that remaining; and the gentleman from economic growth. I believe is wrong. And I have also Wisconsin (Mr. NEUMANN) has 15 min- Mr. NEUMANN. Mr. Speaker, it is made quite clear what should be in this utes remaining. my privilege to yield two minutes to bill that is not. Mr. LIVINGSTON. Mr. Speaker, I re- the gentleman from Nevada (Mr. EN- Having said that, let me simply say serve the balance of my time. SIGN), a classmate of mine who I have that I do not find it surprising that a Mr. NEUMANN. Mr. Speaker, it is been proud to serve with in Congress. majority party which would say no to my privilege to yield 2 minutes to the Mr. ENSIGN. Mr. Speaker, I want to campaign reform, a majority party gentleman from Nebraska (Mr. thank my classmate for yielding me which would say no to HMO reform, CHRISTENSEN), another classmate of time. would, in the end, be reduced to brag- mine. Mr. Speaker, this is a bill that ging about the fact that they have Mr. CHRISTENSEN. Mr. Speaker, I weighs almost 40 pounds that we re- killed the plan to provide better rise because of the process of this bill ceived at 4 o’clock this afternoon. Two schools for many children in this coun- more than anything. years ago at the end of the Congress, I try who go to schools which, if they stood up in the Republican Conference As my colleagues heard earlier today, were prisons, would be closed by Fed- at about 4 o’clock we got this bill, 40 and protested the process, because the eral judges because they are in such a Republican leadership was bringing us pounds, 4,000 pages, $500 billion, and no- mess. I know that there are many body, nobody has read this bill. Maybe a bill at the very end that they did not other items that we would like to see give us the time to go through. Repub- a few staff people, maybe a couple of in this bill that are not. We will simply people behind closed doors have read licans criticized Democrats for this have to take that debate to the Amer- same kind of a process, and, frankly, this bill. But the American people are ican people. going to find out through the news they were right to criticize. But here I make no apology for the effort that we are in the same institution doing media over the next week what is in those of us on the Democratic side of this bill, because we sure do not know the same thing that the Democrats did. the aisle have made to try to restore How can anybody rightfully vote for what is in this bill, but we have heard key funding in this bill for education, a lot of things that are in this bill, but a bill that you have no chance to go for health, for job training and the through and to find out whether there by golly, we are going to find out a like. I think the differences between whole lot more over the next few weeks are dangerous provisions for your dis- the two parties is pretty well summed trict, for your state or for the country? of what is in this bill. That is the way up by something I heard Studs Terkel this process has been done. There is no way it is possible, it is say a while back. He said the following: physically impossible, for you and your Mr. Speaker, I came here 4 years ago Cursed be the Nation where all play to win talking about tax cuts, smaller govern- staff to go through this bill from 4 and too much is made of the color of the o’clock this afternoon, between that skin, or we do not see each other as sister ment, doing the right thing. Well, I am time and the vote at 7 o’clock tonight. and brother, but as being threats to each not running for reelection, I am done, Not only that, I have several other other. but this is not the way that I came to problems with the bill. As the gen- Blessed be the Nation that keeps its waters Washington, and this is not what I tleman from Wisconsin (Mr. NEUMANN) clean, where an end to pollution is not just came to do, to vote for a bill that is $20 a dream. billion over, has very little tax cuts in said, we are borrowing from the Social Cursed be the Nation without equal edu- Security trust fund, and it is not for cation, where good schools are something it, is not what we told the American tax cuts. This is just purely for spend- that we ration, or the wealthiest get the best people we would do. This is an embar- ing, with a lot of that spending going that is able, and the poor are left with rassment. This is an embarrassment overseas. crumbs from the table. for the American people that this proc- There are some very laudable Blessed be the Nation with health care for ess, the process has been done this way. projects, including transportation, in- all where there is a helping hand to all who There are a lot of good projects in cluding military spending, antidrug fall, where compassion is in fashion every here, but no Member of Congress year, and people, not profits, is what we hold programs and education programs, dear. should be able to sleep with themselves which, by the way, are offset, and I tonight knowing that they voted for a I really believe that that, in the end, support those programs. But, Mr. bill they have no idea what is in here. sums up the differences in budget pri- Speaker, when we go into emergency They do not know what is tucked in orities between those of us on this side spending, that is against everything here. of the aisle who have fought for edu- that we came to Congress to stop. cation and health care and environ- As my friend from Mississippi said It is time to pay down the national earlier today, we do not know what debt. It is time to protect Social Secu- mental cleanup, and those on the other side of the aisle who have fought on kind of provisions are in here for the rity by actually putting real assets Balkans; we do not know what kind of into the Social Security trust fund. most occasions for tax cuts that pri- marily benefit the wealthiest 5 percent provisions are in here for issues that Mr. Speaker, I came here to change are important to social conservatives, the way that we did business in Wash- of people in this society, for defense ex- penditures that go more to reward to liberals, to fiscal conservatives. This ington, but, unfortunately, this is busi- is a sham. It is an embarrassment, and ness as usual. military contractors than to improve military preparedness, and we will just we should vote no on this ugly bill. b 1830 have to take these issues into the cam- Mr. LIVINGSTON. Mr. Speaker, I am Mr. OBEY. Mr. Speaker, I yield my- paign. happy to yield 2 minutes to the gen- self 4 minutes. Let me say that I once again think tleman from Ohio (Mr. REGULA), the Mr. Speaker, I am most reluctantly that the process by which this bill has great distinguished chairman of the going to vote yes for this bill, because been produced is an abomination. It Subcommittee of Interior and Related in contrast to the Republican bill represents an absolute, total institu- Agencies of the Committee on Appro- which gutted the President’s education tional failure. We should not be here in priations. budget, this bill is $2.6 billion above this position, but we are, and we have (Mr. REGULA asked and was given the President’s education budget. This to make some hard choices, given the permission to revise and extend his re- bill restores the fuel assistance pro- only choices before us. That is why I marks.) gram. This bill restores the summer will reluctantly urge a yes vote on this Mr. REGULA. Mr. Speaker, I thank jobs program. It funds to some degree proposal. the gentleman for yielding me this our international responsibilities, and I Mr. LIVINGSTON. Mr. Speaker, how time. think, therefore, that unless we want much time remains on each side? I would just point out in discussing to tie up the government for another The SPEAKER pro tempore (Mr. the Interior section of this bill that it month, we have no choice but to vote THORNBERRY). The gentleman from is very environmentally friendly, but it yes on this bill. Louisiana (Mr. LIVINGSTON) has 12 min- is also very fiscally sound. The total I have already made quite clear in utes remaining; the gentleman from spending of the Interior bill is the same my previous statement on the bill why Wisconsin (Mr. OBEY) has 14 minutes as 1998, no increase. That is because we H11644 CONGRESSIONAL RECORD — HOUSE October 20, 1998 developed some good management funding for the low-income home en- countant and turn over all your records techniques in working with our public ergy assistance program means that to him and he fills out your forms but lands. At the same time, the spending needy families and seniors will not be as you are signing it and sending it off for parks is up $99 billion. forced to choose between paying utility to the IRS, he says, but by the way, I In terms of the forests, we eliminate bills and putting food on the table, or never took a look at the information purchaser credit, we emphasize forest buying medicine. An estimated 5.5 mil- you gave me. health, recognizing that as we talk lion LIHEAP households, two-thirds of Mr. Speaker, we have already given about global warming, one of the great which urge less than $8,000 a year, will away our constitutionally mandated ways to reduce CO2s is to increase our benefit from this investment. authority to declare war between na- forestry sources, the best possible con- The restoration of $250 million in tions. More often than not we have verters of CO2 to oxygen. funding for the opportunity areas for given away our constitutionally man- We reduced the forest cut to $3.6 bil- youth programs means that our Na- dated authority to regulate commerce lion board feet, while at the same time tion’s hardest-to-reach young people between nations. The last thing that we are growing 20 billion board-feet in will have access to the employment stands between this body being a body our national forests. The bill includes training and skill readiness services that does something and nothing but a $340 million for clean water programs that they need to prepare them to par- debating society, is our ability to de- to work with the States. Everglades ticipate in our Nation’s robust econ- cide where money is spent, and if my restoration, $140 million to restore the omy in the global market. colleagues vote for that, they have treasures of the Everglades. The restoration of funds for the given that away as well. The Appalachian Trail will be fin- school-to-work program, will further b 1845 ished. The funds in this bill will allow State and local efforts to create path- the Appalachian Trail to be totally in ways to future careers for more than 1 Mr. LIVINGSTON. Mr. Speaker, I public ownership for the first time in million students in over 3,000 high yield myself 21⁄2 minutes. history. We fund the millennium pro- schools. These students will now have Mr. Speaker, I have heard a few argu- gram. This is new, and is in recognition access to the courses recruiting, train- ments against this bill. Certainly, I am of this important landmark time in our ing, and counseling that they need to not going to defend the process, be- Nation’s history. The money will be facilitate their entry in the workforce. cause I hate the process. As the chair- used to restore the Nation’s treasures. I am especially pleased that the bill in- man of the Committee on Appropria- Indian health, we were concerned. We cludes $110 million to address the HIV- tions, I think it is terrible that forces put $141 million extra over the Presi- AIDS epidemic in the African-Amer- within the Congress militated against dent’s request for Indian health. ican community. the final passage of all of our bills be- The cultural treasures of this Nation, Mr. Speaker, this is a good bill. I fore the end of the fiscal year. the Smithsonian, the National Gallery, urge the Members to vote ‘‘yes’’ on the The fact is that we passed 12 of the 13 the Kennedy Center, the Holocaust Mu- bill. bills before the end of the fiscal year in seum, all with increased funding. En- Mr. NEUMANN. Mr. Speaker, I yield the House of Representatives. I think ergy efficiency and conservation, about 2 minutes to the gentleman from Mis- we exceeded the record of the other $1 billion, in recognition that as a Na- sissippi (Mr. TAYLOR), a Democrat from body. We did not get them all enacted tion we are dependent on energy, but the other side of the aisle who also is separately, so we are puting these in a also a recognition that we have to de- in opposition to this bill. remaining package. But, all of those velop ways to burn it more efficiently Mr. TAYLOR of Mississippi. Mr. have passed the House, and they make and in a cleaner way. Speaker, I would like to thank the gen- up components of this bill. The bill protects our wilderness tleman for yielding me this time. If the gentleman does not know what areas. Lastly I would point out that Mr. Speaker, we keep hearing about is in the bill, he could have looked at over the past 4 years we have decreased all of the money for defense in this bill. the reports from the various commit- spending by $2.2 billion less than re- Let me remind my colleagues that less tees. He would see 90 percent of this quested by the President. than 2 percent of the $507 billion that bill in the various committee compo- Mr. OBEY. Mr. Speaker, I yield 2 goes into this bill is for defense. That nent parts that passed this House minutes to the distinguished gen- is a pretty sorry trade-off. Less than 2 months ago. tleman from Ohio (Mr. STOKES). percent of all that is spent. Is social security jeopardized? Of Mr. STOKES. Mr. Speaker, I thank What do we spend more money on? course not. The minority party ne- the distinguished ranking member for We spend $12.5 billion on foreign aid. glected worrying about social security yielding me this time. We spend $19.4 billion on international from 1967, when Lyndon Johnson Mr. Speaker, I rise in support of the financial institutions. There is a $94 changed the rules and allowed us to Subcommittee on Labor, Health and million program to buy out the Bering take off social security funds in order Human Services, Education and Relat- Sea pollock fleet, as if that was of to mask the cost of the Vietnam War, ed Agencies component of the fiscal great national importance. There is and they did not worry about it for 30 year 1999 Omnibus Appropriations Act. $100 million for a new visitor’s center years. First, I want to express my apprecia- right out front, and $103 million for our We came along and brought fiscal in- tion for the hard work done on this protection, not for our citizens’ protec- tegrity to the government. We are bal- component of the bill by the distin- tion, but for additional protection for ancing the budget for the first time in guished chairman, the gentleman from Members of Congress. 30 years. We are going to take care of Illinois (Mr. PORTER) and the distin- As bad as what we know about the social security. There is not an argu- guished ranking member, the gen- bill is, it is what we do not know that ment there. Are we way behind where tleman from Wisconsin (Mr. OBEY). troubles me. Mr. Speaker, 4,000 pages of we should be? No. We are ahead of the Both of them deserve credit for their documents that the average Member of schedule of 10 of the last 15 years. We leadership in crafting this bill. Congress has had less than 3 hours to are behind in 5 of them in terms of the In its initial form, this funding meas- study. And it is what we do not know appropriations process. ure would have threatened the quality that scares me to death. We know it Is there emergency spending in here? of life and the hopes, dreams and aspi- creates new commissions, we know it Yes, there are really emergency needs. rations of the most vulnerable among repeals things like the commercial The Budget Act calls for recognition us. fishing industry, Vessel Anti-Reflag- that if there are real emergency needs, The omnibus measure that we will ging Act, but it is the great unknown. like helping defend diplomats from get- vote on here today restores $871 million I ask the American citizens, would ting blown up by terrorists, that we in funding for the summer jobs pro- you go to a lawyer and present him a could attend to those and not have gram. As such, 530,000 young people contract for his advice and his guid- them count against us by worthless will benefit from the education train- ance and when it comes time for you to budget finagling that really does not ing that this program provides. The sign it he says, but by the way, I did mean anything. We have needs. We restoration of more than $1 billion in not read it. Would you go to a tax ac- have to provide for them. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11645 Finally, on the issue of defense that security. Now he wants to spend al- and I fought as a Republican who want- the gentleman raised, let me simply most one-third of that surplus. His ed to change this process and this say that yes, the $8 billion we are put- word is in doubt. This is protection place. ting into defense here, may be only 2 money, and that is wrong. It is wrong Republicans got more money for de- percent of the package, but we already for anyone to turn a blind eye toward fense. They did not look at closing passed the defense bill. It is enacted the President’s conduct, so long as he bases, they did not look at ending into law. That is $260 billion. This is $8 delivers our tax money to pay for the needless weapons systems, they did not billion on top of that. We are doing our big government that they want. look at burdensharing. Democrats part to address the defense needs of Mr. OBEY. Mr. Speaker, I yield 2 wanted more money for social pro- this country. minutes to the distinguished gen- grams. Instead of paying for it, we are In terms of, doing our part for edu- tleman from Maryland (Mr. HOYER). taking it out of the surplus. Both won, cation, 30 years ago the Federal Gov- Mr. HOYER. Mr. Speaker, I think the so it is a big celebration. It is biparti- ernment never got involved in edu- last speaker’s comments did not add to san. But that is what we have done cation. Today we pay about 5 percent this debate. They were representative since 1969. That is how we got in the of the education bill. The States and of some of the unfortunate kind of mess we are in. We are right back into localities and communities pay 95 per- rhetoric that has put this Congress in a it. What bothers me is it is happening cent of the tab. We have $32 billion in position where it is at this last minute, under my watch and our watch. this bill for education. We are doing at this last gasp, trying to redeem There is $21 billion over the budget our part. We are doing it well. We itself. It is hard to do that because we caps. We can call it emergency spend- might not have done it pretty, but we have done so little up to this point. ing. It is over the budget caps. It is are doing our job and the job of the I will vote for this bill, like the rank- front-loaded. Now, are we going to cut people of the United States. ing member of the committee will vote it out next year and the year after? No, Mr. NEUMANN. Mr. Speaker, it is for this bill. I, like others, have worked we are talking about $100 billion above my privilege to yield 2 minutes to my hard on much of this bill. But those the caps over 5 years. There is $3.5 bil- good friend, the gentleman from Okla- speakers who have carried this bill, lion in the year 2000 budget, in this homa (Mr. ISTOOK). this 40-pound bill, to the floor and indi- budget that we are voting on. Then Mr. ISTOOK. Mr. Speaker, I thank cated that this was not the process there is the D.C. pension fund, $2.4 bil- the gentleman for yielding time to me. that should be followed are absolutely lion, of revenue? What about the un- Mr. Speaker, a bad bipartisan bill is correct. funded liability? We are putting it on still a bad bill. I appreciate the efforts The Committee on Appropriations budget, so we are counting this liabil- of Republican leaders to get extra was made late in its work because the ity as revenue? We are doing it under money that was vitally needed for na- budget resolution did not pass. It did our watch? tional defense. The defense spending is not pass, not because there were any Then there is $100 million for a Cap- badly needed, as well as emergency re- Democrats that opposed it or the Presi- itol visitor’s center. I do not mind lief for farmers and hurricane victims, dent could have vetoed it, because he that, I think we need it. But we are but those do not justify the rest of this could not. He does not involve himself putting it in as an emergency expendi- bill. This bill raises Federal spending in the budget process. ture under the antiterrorism position? several billion dollars higher than even It did not pass because the chairman Mr. Speaker, this is a bad bill. It President Clinton requested several of the Committee on the Budget in the should not be voted out of this House. months ago. Senate who is a Republican said that Mr. OBEY. Mr. Speaker, I yield 2 We should celebrate balancing the the House Resolution is dead on arriv- minutes to the distinguished gen- budget, but not with a spending spree. al. The chairman of the Senate Com- tleman from North Carolina (Mr. HEF- We should be lowering taxes and pay- mittee on Appropriations said the NER). ing off the national debt, not using the House Resolution is dead on arrival. (Mr. HEFNER asked and was given surplus as the latest of many excuses We could not work under this resolu- permission to revise and extend his re- to spend more money. tion. So the majority party in the marks.) A great many Members of Congress House and the majority party in the Mr. HEFNER. Mr. Speaker, the other worked long and hard this year to hold Senate could not agree, so we deferred day I did not have but 20 seconds, and the line on spending. I am glad that and deferred and deferred. The labor- I did not finish what I wanted to say in our chairman of the Committee on Ap- health bill, which is one of the most the 20 seconds. propriations, the gentleman from Lou- important, I think, in this bill, was not First of all, I would like to say to isiana (Mr. LIVINGSTON) fought so hard even brought to this floor except to every Member of this House that I have to control spending, and I know that he make a point, a political point in the worked with over the years, if I have did. Unfortunately, at the end of the last days of this session. done anything during that time in the process the most liberal Democrats in This is an unfortunate process, but heat of debate that would offend any- Congress had the leverage to get the we have little alternative at this point body, I would like to apologize and ask President to back their demands, their in time but to fund the government. I their forgiveness. insistence, for more spending. want to say to my good friend, the gen- The thing that bothers me about The President knows his future tleman from Florida (Mr. BILL YOUNG), this, and I am not going to talk about hinges on the support of liberals in I am pleased that we put some more the budget, but I will talk about the Congress, who do not care what he may money for defense. We need to look at political process. Having been here for have done as long as he fights for their the defense budget. We are underfund- 24 years, I have seen in the last few big government programs, because his ing it. So I will reluctantly vote for years the political arguments and the future depends upon their support. He this bill, but this bill is a demonstra- debates have become so vicious. We can made it clear he would veto anything tion of failure. turn on the television, look at the that did not give the most liberal of Mr. NEUMANN. Mr. Speaker, it is talking heads, and they are all scream- the Democrats whatever they wanted my privilege to yield 21⁄2 minutes to my ing. They are all preaching hatred. in exchange. This made it difficult, if good friend, the gentleman from Con- To me, that is not good for politics, not impossible, to negotiate for any- necticut (Mr. SHAYS). and that is what, in my view, is keep- thing different. Mr. SHAYS. Mr. Speaker, this is not ing people from going to the polls and The root problem remains that prob- about process, it is about substance. voting, because they get fed up with us. lem of trust. A year ago the President Sure, there are good things in this bill. They get fed up with all the negative agreed to a limit on this year’s spend- This bill has 4,000 pages. There are things that they hear. We do not talk a ing in exchange for extra spending bound to be good things in this bill. It lot about the issues, neither party. It is which he received last year. Earlier weighs over 40 pounds. It is bound to ‘‘gotcha.’’ this year he pretended that he opposed have good things in here. But this bill In the next few years what worries tax cuts because he said he wanted to represents everything I fought against me, the most important person in our preserve the entire surplus for social as a fiscal conservative in this House, campaigns is going to be the opposition H11646 CONGRESSIONAL RECORD — HOUSE October 20, 1998 research guy. If Members have ever b 1900 that produced this bill, I would simply done anything in the past 20 years that The North Koreans not only devel- point out that your party runs this they are not proud of, they had better oped weapons of mass destruction, but place. It was your party that set the not run for office, because they are also the missiles with the ability to schedule that provided more days off going to bring it up. carry them to wherever, to Hawaii, to than we were in session in the past It is so sad, because we live in a Na- Alaska. The last North Korean missile year so that the Committee on Appro- tion where people are forgiven and peo- shot, some of the debris fell near the priations could not finish its work. It ple are courteous, but all they see Aleutian Islands. The Aleutian Islands is your party that could not pass a when they show the campaign ads on are part of the United States of Amer- budget for the first time since 1974. It television, they are so vicious. They ica. In addition, we increased the Presi- is your party that allowed its own cau- are not true. Nobody is as bad as they dent’s request for readiness funding in cus to be governed by the CATs, the are painted on television. To me, this this bill by 30 percent. We recognized conservative Members of your caucus, is a tragedy for our process. the need for more investment in readi- that decided that you wanted to I will cherish the 24 years that I ness and for troop morale. produce partisan bills rather than bi- served in this body. I have made some Mr. NEUMANN. Mr. Speaker, I yield partisan bills and, as a result of that, great friendships here and hopefully 2 minutes to the gentlewoman from wound up with legislation that could have been able to do some good things Washington (Mrs. LINDA SMITH), an- not pass this House and legislation for the State of North Carolina and the other classmate. that your Republican friends in the Eighth District. I hope, for all Mem- Mrs. LINDA SMITH of Washington. Senate would not even buy. bers, that some day we can see some Mr. Speaker, I reluctantly stand here If you do not like the length, if you way to do the campaign reform to in opposition to this bill because it do not like the weight, if you do not where we will not have to be so vicious breaks the balanced budget deal and like the height of this bill, I would sug- in our campaigning. spends an additional $20 billion out of gest that you simply look in the mir- I hope that all of the Members live as Social Security, the trust fund that ror, because your party and the way it long as they want, and never want as says you can trust us to put your long- ran this House produced it. long as they live. God bless you. term security money in and we will With respect to the supplemental, I Mr. LIVINGSTON. Mr. Speaker, I am spend that money for your long-term would simply note the President, bad pleased to yield 2 minutes to the very security. as it is, the President asked for $14 bil- distinguished gentleman from Florida This bill has a lot of pork. And no, I lion in the supplemental. This bill now (Mr. YOUNG), chairman of the Sub- have not read the 4000 pages. I do not contains 20.8 in the supplemental. And committee on National Security. think most Members have. But I know all but about half a billion dollars was Mr. YOUNG of Florida. Mr. Speaker, it saps $20 billion out of Social Secu- added at the insistence of your leader- I thank the gentleman for yielding rity. But worst yet, it charges to my ship, not ours. So, again, if you do not time to me. kids and grandkids a bill that they are like most of the added emergency Mr. Speaker, 2 minutes is not any- either going to pay with a loss of So- spending that was added in this bill by where near enough to discuss even the cial Security or they are going to pay the Congress above the President’s re- defense part of this bill, but I will give it with higher taxes, because we do not quest, look in the mirror because your it a quick try. have the discipline now to say no to party demanded it. First of all, let me say that everyone pork barrel spending. The SPEAKER pro tempore (Mr. that has spoken here this evening so Worse yet, I just believe it breaks our THORNBERRY). The gentleman from promise, the promise the President 1 far is correct. It is a good bill, it is a Louisiana (Mr. LIVINGSTON) has 5 ⁄2 terrible bill; the process is unaccept- made, the promise we made to save So- minutes remaining, the gentleman able, it just does not work; but it was cial Security first. We did not put it from Wisconsin (Mr. NEUMANN) has 5 the only way to get here where we are first. We did not even put it second in minutes remaining, and the gentleman this bill. I am not sure what place it 1 tonight to keep the government func- from Wisconsin (Mr. OBEY) has 6 ⁄2 min- tioning for the balance of the fiscal takes, but it certainly is not first or utes remaining. year. second. Mr. LIVINGSTON. Mr. Speaker, I Just three weeks ago, we faced the When we are dealing with 435 people yield 1 minute to the gentleman from issue of whether we would take money in this House, 100 people in the other New Jersey (Mr. SAXTON). out of Social Security for tax breaks House at the end of the hall, and at the (Mr. SAXTON asked and was given for the American people, and some White House, that is 536 people that permission to revise and extend his re- Members on this floor were so smart, had to come together, and 536 people marks.) they said, if we do not give tax breaks, are never going to agree on a perfect Mr. LIVINGSTON. Mr. Speaker, I the liberals and the President will bill. rise in support of this important but want to spend that on additional pro- imperfect bill. I rise in particular to It has been suggested that some of grams, and today we stand with them make note of some reforms that are the defense money was under the emer- wanting to spend it on additional pro- being made in conjunction with $18 bil- gency proclamation. That is true. The grams. largest single part of the defense bill, I have here a part of the budget lion that is in this bill for the Inter- however, is $1.9 billion for the deploy- spreadsheet that we have been using. It national Monetary Fund. ment of U.S. troops to Bosnia. Other showed we were going to take $37 bil- Mr. Speaker, the IMF has gone large portions of the bill go to intel- lion out of Social Security in the last around the world, from Mexico to Thai- ligence. balanced budget, and this takes it to land to South Korea to Indonesia to When we just remember Kenya and $57 billion out of Social Security, leav- Russia making loans which have aver- Tanzania, where our embassies were ing nary a few dollars left for the long- aged 4.7 percent interest. This interest bombed, with much loss of life and term security of the people in this rate has gone to provide perverse in- much injury, more intelligence against country. centives to investors who make risky terrorism, more intelligence against I guess what I ask Members is this: investments, and this has added to the military threats to our own interests, Please do not vote for this unless they need for even more IMF funding. are important. Yes, there is a substan- have read it. Please reconsider whether This reform package will stop that tial amount of money for intelligence we rob the Social Security trust fund. and is a positive improvement in inter- here. Let us keep our commitment to the national economic policy, as noted Another large portion of this bill is American people. today in the lead editorial of the Wash- missile defense. The Chinese have de- Mr. OBEY. Mr. Speaker, I yield my- ington Times. As an advocate for the veloped tremendous missile capability, self 11⁄2 minutes. comprehensive long-term reform of the using much of the technology devel- Mr. Speaker, I would simply say to IMF, I believe the new congressional oped by American industries that was those Members on the other side of the reforms will move the IMF in the right allowed to go overseas to China. aisle, if you do not like the process direction. Much more remains to be October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11647 done, but we must seize the oppor- Mr. HOYER. Mr. Speaker, I wish to form, raising the minimum wage, tunity for improving the IMF oper- engage the gentleman from Arizona in strengthening Social Security, clean- ations, and this bill moves in that di- a colloquy. ing up political campaigns, to all of rection. I would like to take a moment to these the Republicans have had just Mr. NEUMANN. Mr. Speaker, I yield clarify a provision included in this bill. one answer: no. 3 minutes to the gentleman from Indi- There has been confusion as to the But this Republican Congress did ana (Mr. MCINTOSH), chairman of the scope of subsection (d) of section 117. It have one big initiative, a blatant at- CATs organization. was my understanding when subsection tempt to raid the Social Security trust Mr. MCINTOSH. Mr. Speaker, 11 (d) was added in conference, that it ap- fund. They tried to grab 177 billion years ago in 1987, a Democrat Congress plies to the entire section, to both the from Social Security to squander on sent President Reagan a massive omni- new subsection (f)(1) and (2) of section election year tax breaks, $177 billion. It bus bill. It weighed about 24 pounds, 1610 of title 28. Is that the gentleman’s seems like every chance he gets, had about 2100 pages. And in his State understanding as well? Speaker GINGRICH sticks his hand in of the Union address the next year, Mr. KOLBE. Mr. Speaker, will the the Social Security cookie jar, looking President Reagan took that bill, gentleman yield? for an early snack. slammed it on the table and said, Con- Mr. HOYER. I yield to the gentleman The next Congress is going to have gress should not send another one of from Arizona. the responsibility to strengthen Social these. If you do, I will not sign it. Mr. KOLBE. Mr. Speaker, I would Security for future generations. Today we have the reverse. A Demo- say, yes, it was the understanding of b 1915 crat President is forcing this Congress the conferees that the waiver provision And the American people have a to pass a massive omnibus bill on a in subsection (d) of section 117 applies right to a Congress that is committed veto threat that if we spend anything to the entire section 117. to saving Social Security first. less, he will veto it and shut down the Mr. HOYER. Mr. Speaker, I thank So, then, what is the defining government. the gentleman. achievement of this Republican Con- Ten years ago that omnibus bill cost Mr. OBEY. Mr. Speaker, I yield the gress? They voted to launch an im- the taxpayers $604 billion. This year’s balance of my time to the distin- peachment inquiry that is so unlimited omnibus bill costs them $577 billion. guished gentleman from Michigan (Mr. and so out of control that they will Ten years ago the omnibus bill totaled BONIOR), Democratic whip. never get around to building those 2100 pages. This year, it is 4800 pages, Mr. BONIOR. Mr. Speaker, 9 months schools or reforming HMOs or saving more than twice as long, and weighs 40 ago the President of the United States Social Security. pounds. stood in this Chamber behind me and If this Republican Congress is re- The bottom line, President Clinton he set out a vision for a stronger Amer- elected, the next 2 years will just add has effectively denied the American ica, better schools, HMO reform that up to more of the same: Do little, people a tax cut for the middle class, puts patients first, a cleaner environ- delay, and deluge the American people for the families, and he did so saying ment, a commitment to save Social Se- with more political muck, and we will that we cannot spend that surplus, we curity. But for 9 long months, this Con- never get on with the issues the coun- have to spend it on Social Security gress has done nothing, nothing but in- try really cares about. next year. But for two weeks, Bill Clin- vestigate, nothing but kill off reform, Democrats have fought hard and we ton sent up one demand after another, nothing but answer to the special in- have won some victories. We are in the give me a billion here, a billion here, a terests. minority. We do not have the votes, billion here, all to be spent in Washing- There has been such a blatant direct but we were successful in this bill in ton. link between special interest money getting 100,000 new teachers hired so we Now the taxpayers know the truth and the Republican agenda that we can reduce class size, instill discipline about . He is all too willing might as well hang a sign on the front and give more attention to our young to raid that Social Security trust fund of this Capitol saying, ‘‘Congress for people. We were successful in protect- to satisfy his demands for more Wash- rent.’’ ing the environment against environ- ington spending. How low we have sunk That is why they have killed off cam- mental riders by the Republicans, and in the White House in 10 years. paign finance reform. We had a biparti- we were successful in stopping the raid Taxpayers need someone like Ronald san bill, bipartisan support to clean up on Social Security. And, Mr. Speaker, Reagan with integrity in the White our campaign finance system and force when we come back in January, when House and perhaps even more impor- the special interests to quit hiding be- we get a chance to lead this Congress, tantly, more conservatives in Congress hind their nasty attack ads. But the we will get on with the job that the who will save Social Security first, Republicans said no. American people sent us here to do. who will cut taxes for the American This Congress had the opportunity to Mr. NEUMANN. Mr. Speaker, I yield family, who will cut taxes for workers pass bipartisan legislation that would myself the balance of my time. in this country, who will get back on have forced big tobacco companies to I have been here for 4 years. We have track with a balanced budget and cut stop peddling their cigarettes to chil- come a long ways over those 4 years. spending in Washington, who will dren. But the tobacco companies said We have gotten to a balanced budget spend more on a strong national de- no. for the first time in 30 years. We have fense to protect our shores, and who The American people demanded HMO restored Medicare, not by raising will help small businesses thrive by reform to put medical decisions back taxes, as was done in the past. We pro- cutting through red tape rather than in the hands of doctors and nurses and vided the first family and education adding 40 pounds worth of legislation patients, not the insurance companies, tax relief in 16 years. We have come a and all the rules and regulations that but the insurance companies said no. long ways. We got a lot of things done go with it. And when it came time to raise the that a lot of people said could not hap- Speaking for myself tonight, this bill minimum wage, the special interests pen. fails on three out of four of those tests. weighed in again. They dredged up I want everyone in this Chamber to I will not vote for it. But I do ask the their old arguments and they opened know it has been an honor and a privi- American people, send us more con- their wallets wide, and the Republicans lege to serve here with my colleagues. servatives, send us more Republicans. said no. But as evidenced by what I have here Next year we will not have to go We even had an opportunity to mod- in my hands, that was provided for us through this process, and you will not ernize America’s schools. But the Re- this afternoon, we still have a long have to see your taxes go up to pay for publicans said no. ways to go in restoring this great Na- it. This Republican Congress, controlled tion that we have here tonight. We Mr. OBEY. Mr. Speaker, I yield 30 by special interests and afroth with have 4,000 pages here in this bill that seconds to the gentleman from Mary- partisan frenzy, has ignored this coun- has not been read by a single Member land (Mr. HOYER) for the purpose of a try’s working men and women for far of this Congress. I guarantee not a sin- colloquy. too long. School construction, HMO re- gle one has read the entire bill. H11648 CONGRESSIONAL RECORD — HOUSE October 20, 1998 I just heard the minority whip up with the President of the United over here, can pass through without a here criticizing the Republicans for States. And surely those of us who filibuster in the Senate and get signed, proposing a tax cut that uses Social have grown up and matured in this there is no responsible vote except Security money, and in the next breath process understand after the last 4 ‘‘yes’’. he talks about passing a bill that will years that we have to work together on I would say to my conservative use $20 billion out of the Social Secu- big issues. And if we do not work to- friends that they have a bill which re- rity surplus for new government spend- gether on big issues, nothing gets done. forms the International Monetary ing. Somehow it is all right for Wash- The fact is there is a liberal Demo- Fund in precisely the way the majority ington to spend that money but it is crat in the White House, and he legiti- leader, the gentleman from Texas (Mr. not all right for the American people mately represents the views of the Dick Armey), wanted to do it. We have to have it. party which nominated him. And there a bill which stops needle exchanges by Frankly, they are both wrong, if my are things he wants in order to sign a the Federal Government. We have the colleagues really want to know. They bill, and that is legitimate and a part strongest antidrug legislation that has are both wrong. Social Security money of precisely what the Founding Fathers ever been written in this Congress. We should be saved for Social Security, pe- established: A balance of power. And have a child online protection act that riod. And that is what this is all about the fact is conservative Republicans stops pornography on the internet. We tonight. We have a long ways to go control the House and Senate, much, I block national testing so that there here. We have a long ways to go in this might say, to the discomfort of my will not be any kind of national edu- Chamber to get to a point where we ac- good friend from Michigan, the Demo- cation program. tually start doing what is right for the cratic whip, who seemed unhappy at The teachers program the gentleman future of this great Nation that we live his having to vote ‘‘yes’’ tonight. But from Michigan is so proud of has been in here. that is the nature of reality. rewritten so that all the money goes to I have heard a lot of discussion about So the question is: Can we craft a bill local school boards. All the money is good programs. I heard my chairman which is a win for the American people controlled by local school boards. And from the defense subcommittee talk because it is a win for the President those school boards can hire special about the need for a missile defense and a win for the Congress? Because if education teachers and special needs system. He is absolutely right. We are we cannot find a way to have all three teachers of any grade level as well as underspending in the military. But winning, we do not have a bill worthy general education teachers. And that, when we underspend and we need to of being passed. frankly, is Dollars for the Classroom, a reprioritize spending, we should go Now, my fine friends who are perfec- program we passed in this body 2 or 3 after government waste and redirect tionists, each in their own world where weeks ago. People say we should not pass emer- those dollars to where they are more they are petty dictators could write a gency money. Well, my colleagues needed, including things like defense perfect bill. And it would not be 4,000 should go and look at the two bombed and a missile defense system. But, for pages, it would be about 2,200 of their embassies and tell me they do not goodness sakes, let us not pile it full of particular projects and their particular think that is an emergency. Look at pork and spend on defense and spend on interests and their particular goodies the year 2000 problem and tell me that everything else that we can think of, taking care of their particular States. is not going to be an emergency. And But that is not the way life works in a and effectively wind up taking $20 bil- then they can be the Members to stand free society. In a free society we have lion out of the Social Security Trust up and explain to their constituents to have give and take. We have to be Fund. that the air traffic control system does I urge my colleagues tonight to stand able to work. not work or why the Social Security up and say ‘‘no’’. Send this bill back to I think of my good friends who are check is not sent out. That is a genuine the drawing boards and send a message retiring. The gentleman from Illinois emergency. Those Members can go out (Mr. YATES), on the Democratic side; to the American people that we are ac- and tell the farmers in Texas or in the gentleman from Pennsylvania (Mr. tually serious about putting real south Georgia that their drought prob- JOE MCDADE), on the Republican side, money into the Social Security Trust lem is not an emergency. They can go who served on this committee for so Fund and that we are serious about tell the farmers in Iowa the problem of long. They know and learned the hard staying within the budget caps that we the collapse of Indonesian prices and way. If we cannot work together, if we all have agreed to. That is what is best the collapse in the price of corn and for the future of this great Nation. cannot produce a bill that can pass wheat is not an emergency. Mr. LIVINGSTON. Mr. Speaker, I muster, if we cannot get 218 votes over Yes, this is the first Congress to in- yield the balance of my time to the here, if we cannot close down a fili- crease defense spending in peacetime gentleman from Georgia (Mr. GING- buster or get agreement to pass a bill since 1985, but, by George, precisely RICH), the very distinguished Speaker in the Senate, if we cannot get the like Ronald Reagan, I would say to my of the House, for the last official President’s signature, what are we perfectionist friends, Ronald Reagan speech of the 105th Congress and to fin- going to do? said protecting our young men and ish this bill. The fact is we can be very proud of women in uniform was more important Mr. GINGRICH. Mr. Speaker, I thank this Congress. This Congress balanced than the deficit. And he, in fact, opted the distinguished chairman for yield- the budget for the first time since 1969, specifically for strengthening our de- ing me this time, and I want to say to and we will have a balanced budget fenses. both he and the gentleman from Wis- again in 1999 with the bill we are pass- So I would say to my Republican consin (Mr. OBEY) that I suspect most ing tonight. This bill does not stop a friends, when we look at $700 million of us share with them a sense of grati- balanced budget, contrary to the alle- for national missile defense, when we tude that this is done, and we appre- gations of some people. look at blocking the national ID sys- ciate how many hours they spent doing We save Medicare without raising tem, when we look at local control it. taxes. We passed the first tax cut in 16 over education spending, we, in fact, I would say for just a minute, if I years. We went from a January 1995 produced a win-win bill. Yes, our lib- might, to my friends who were asking projection of $3.1 billion in deficit to a eral friends get a few things. And in a for a ‘‘no’’ vote, the perfectionist cau- projection today of $1.6 billion in sur- free society, where we are sharing cus, ‘‘And then what would you do plus, and I am proud of the team that power between the legislative and exec- under our constitution?’’ It is easy to worked to get that done. The President utive branch, that is precisely the out- get up and say vote ‘‘no’’, but then signed the bill, the Republican House come we should expect to get. what would they do? and Senate leadership authored the This is a good bill. It deserves a The fact is, under our Constitution, bill, and the fact is it was a team effort ‘‘yes’’ vote by every Member, and it is, 435 Members of the House, each elected for the American people. in fact, precisely how the American by a constituency based on population, So I would say to each and every system operates. work with 100 Members of the Senate, Member of this House, unless they have Mr. STARK. Mr. Speaker, the omnibus ap- two from each State, then we work a plan that they think can get 218 votes propriations agreement will pass the Congress October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11649 with ease this week and Members of Con- students. I am proud that we are helping com- Regrettably, it appears that this $1 billion gress will exchange accolades about what a munities to hire and keep qualified teachers in was promoted by those who see national mis- wonderful bill it is. order to reduce class size in grades 1 through sile defense as the answer to all our security Baloney! 3, years so crucial to the development of read- threats, regardless of cost, treaty implications For the first time since the budget process ing and math skills. or whether it actually works. National missile was established in 1974, Congress failed to Agriculture has long been a cornerstone of defense is an exceedingly complex endeavor. pass a budget resolutionÐa roadmap for our rural communities and I am proud today The system relies on ``hit-to-kill'' technologyÐ spending your tax dollars. Without a roadmap, that we are providing $5.9 billion to assist hitting a bullet with a bulletÐwhose success you run amuck. That's exactly what is happen- farmers suffering from record-low crop prices rate is only 22 percent in 18 tests. The tech- ing in Washington this week. and severe weather. The package also in- nology is unproven. Faith and money in them- This omnibus appropriation bill rolls eight cludes an additional $1 billion in tax relief to selves cannot guarantee success. separate appropriations bills together and in- protect our farmers as they struggle with un- Earlier this year, a panel of missile defense cludes special interest provisions designed to stable foreign markets. experts issued a report (the ``Welch report'') buy votes for final passage. The resulting bill There is much more work to be done. We that reviewed the national missile defense is an abomination. have many challenges ahead of us. The Re- (NMD) program. It concluded that the effort to The big picture is that any semblance of publican Congress blocked Democratic efforts rush deployment had caused test failures, pro- budget discipline has disintegrated. The last to provide simple, yet extensive relief to work- gram slippage and increased riskÐin short, minute horse trading spent $20.8 billion in ing families. As a result, we will not provide they called it a ``rush to failure.'' GAO con- funds that were ``surplus'' only by government Americans this year with a livable wage; ac- firmed that this acceleration had greatly in- accounting semantics. The so-called surplus countants instead of doctors will be making creased risk in the NMD program. funds are really attributable to a temporary health care decisions for too many Americans; Our Nation's senior military leaders agree surplus in the Social Security trust funds. The the influence of special interests will continue with these assessments. The Chairman of the trust funds need this entire surplusÐand much to go unchecked in campaigns and too many Joint Chiefs of Staff, Gen. Hugh Shelton, said moreÐto fund payments to the Baby Boomers of our children will be taught in old and dilapi- before the Senate Armed Services Committee when they retire. This bill spends an extra dated schoolrooms. Americans deserve a min- on September 29 that ``putting more money $20.8 billion because the negotiators were imum wage and a ``Patient's Bill of Rights'', into it [NMD] won't produce a product any more interested in saving face than saving comprehensive campaign finance reform, and sooner,'' and that ``money will not help solve money. The taxpayers will pay the multi-billion modern, up to date schools for our children. the engineering and integration challenges dollar price for this ``one-for-me and one-for- Let's pledge to build upon the progress that are being faced by the Ballistic Missile you'' final agreement. made today so that we can bring prosperity to Defense Organization right now.'' The fine print isn't any prettier: another $1 all Americans in the future. Our working fami- The GOP has joined the Service Chiefs in billion for a star wars-like missile defense sys- lies are counting on it. complaining about readiness shortfalls. But Mr. ALLEN. Mr. Speaker, I rise in support of tem that won't work; $6.8 billion in supple- when it came time to fund readiness in the the omnibus appropriations bill, as it provides mental defense spending on top of the $271 supplemental bill, the GOP leadership si- funs for eight Federal departments and key billion already appropriated through the regular phoned off $1 billion for missile defense. They education priorities such as class size reduc- process; the repeal of the tax-exempt status of also rejected an Administration request to tion and Head Start, as well as the summer the National Education Association to get even change military pensions sought to keep qual- jobs program, LIHEAP, IMF, home health with teachers who have been supportive of ity people in the service. The $1 billion for care, and hurricane and farm relief. Democratic priorities on education; an in- However, I have great concerns about the missile defense could have paid for most of crease in the number of H±1B visas so that national security aspects of the bill, and the the fiscal year 2000 cost for these changes. At high tech companies can import cheap labor way it was put together. Specifically, I take the end of the day, it appears that GOP lead- rather than train US workers; a ban on needle issue with the bill's inclusion of $1 billion in ership cared more about Ronald Reagan's exchange programs in the District of Columbia ``emergency'' spending for ballistic missile de- ``star wars'' legacy than about the men and in spite of all the studies showing that such fense. This money could have gone to pay women who put their lives on the line for our programs save lives; a moratorium on federal back our debts to the United Nations. The $1 country. regulations designed to allocate organs fairly billion could have been used to finance bonds On balance, the omnibus appropriations bill in contrast to today's gerrymandered allocation for construction and repair needs for 1,500 is worthy of support. But not every provision is system that needlessly costs lives. schools, or to pay the fiscal year 2000 costs wise. As we consider the wide-ranging pro- I can count noses and see that this bill will of improving retirement benefits to encourage grams in this bill, Members should know that pass. However, I won't be a party to this cha- retention of military personnel. this $1 billion add-on for missile defense was rade. Congress had the entire year to review the not requested by the administration and not Mr. EVANS. Mr. Speaker, this budget plan nation's defense needs. It approved the fiscal reviewed by any congressional defense com- addresses the needs of working Americans. year 1999 Defense authorization and appro- mittee. Missile defense is too important and Today we are taking important steps that will priations bills after agreeing to the President's too technologically challenging to be driven by help insure that we save the budget surplus overall funding level and, generally, to the partisan politics. for Social Security, invest in sound education Pentagon's priorities. In the omnibus bill, Con- Mr. BERRY. Mr. Speaker, it is with great initiatives for our children and provide impor- gress also agreed to the valid requests to fund satisfaction that I rise today because a resolu- tant relief to our nation's farmers. our Bosnia mission and the Federal Govern- tion that I feel very important has been in- We have reached an agreement that goes a ment's year 2000 computer problem. cluded in the omnibus spending legislation long way toward fulfilling our responsibility to The extra $1 billion for ballistic missile de- that passed the House tonight. This resolution the American people. It is a victory for Demo- fense, however, was a last-minute stealth in- expresses the sense of the Congress that the crats, as many of the priorities that were head- sertion into the omnibus appropriations bill, international community must work together to ed for the chopping block were saved as a re- and not reviewed by the authorizing or appro- resolve cases where kidnaped children are sult of our efforts. This budget upholds the val- priations committees. For a Congress that has taken abroad. ues that are important to Illinois' families and balanced the budget for the first time In three Too many children like Machael Al Omary, that will help build a solid foundation to con- decades, and for a Republican leadership that who was illegally kidnaped by her non-custo- tinue economic growth. We have taken impor- rails against wasteful spending, this is wrong. dial father from my district of Jonesboro, or tant steps, such as investing in public edu- There is little disagreement that theater mis- Hatam Al-Shabrami, who was abducted by his cation, tackling the farm crisis and building sile defenses are prudent, realistic, and help non-custodial father and last seen in Saudi and improving roads and bridges and empow- protect our troops deployed overseas. But Arabia, have been illegally kidnaped. With ering our communitiesÐall without squander- throwing money at these programs won't their children in other countries, their mothers ing the budget surplus. make them work better or deploy faster. Dep- have no right to legal recourse. I am especially pleased that we are doing uty Secretary of Defense John Hamre testified Unfortunately, there are thousands of chil- right by our nation's children. This bill take im- on October 2 that ``This is as close as the De- dren like Machael and Hatam who have been portant steps to improve the quality of edu- partment of Defense can get to the Manhattan illegally taken to another country. If the coun- cation in our public schools. By funding more Project. We are moving as fast as possible.'' try is not a signatory to the Hague Agreement, teachers, we can have smaller classes that The Pentagon is doing its best to make it the parents are left totally helpless. In many allow teachers to give attention to individual work. But you just can't legislate physics. cases, when the country is a signatory, justice H11650 CONGRESSIONAL RECORD — HOUSE October 20, 1998 is often difficult to obtain, and comes at a high funding for the NATO-led stabilization force in There is one noticeable omission from this price. Bosnia and for increasing funding for anti-ter- bill; there are no funds included for school Our legal system makes decisions involving rorism activities including embassy security construction. I frequently visit the school dis- the custody of children based on what is in the and reconstruction in response to the tragic tricts in my congressional district when we are best interest of the child. Once such arrange- events at United States embassies in Tanza- not in session. Some of them are very nice. ments are made no one should ever be re- nia and Kenya last August. Finally, as the Many, however, are in shameful states of dis- warded for the illegal abduction of a child from ranking member on the House Permanent Se- repair, without adequate lights, heat, , our country by being able to keep the child lect Committee on Intelligence, I also am and wiring. At the same time, enrollments are and thumb their nose at authority. strongly supportive of the additional funding in- rapidly increasing. I believe that this bill should This resolution sends a strong message of cluded in this package for U.S. intelligence ac- have included funds to help school districts to this country's support for the rights of our chil- tivities. address these problems, and I am dis- dren and I am glad it was included in the leg- This omnibus appropriations bill also con- appointed that the majority party refused to islation. tains important funding for environmental prior- accept sensible provisions in this regard dur- Mr. DICKS. Mr. Speaker, I rise today in ities that are critical to my state and district. ing this negotiations. Next year, I hope to work strong support of the omnibus appropriations To address the critical need of Washington with my colleagues to ensure that Congress bill now under consideration. In my judgment, State in confronting with the proposed listing does not ignore this critical need. of salmon and steelhead species under the this legislation will address the important na- My district and the entire State of Washing- federal Endangered Species Act, the appro- tional priorities of military readiness, environ- ton are heavily dependent on trade. In fact, mental protection, transportation, education, priations for the Interior Department contains $20 million in aid. This federal appropriation one in every four jobs in my state are depend- and foreign policyÐpriorities that I believe put ent on tradeÐespecially with Pacific Rim our nation on the right path heading into the adds to monies already appropriated by the state legislature to go directly to the Salmon countries like Japan, China, South Korea, and 20th century. However, I also have a number Taiwan. The financial crisis that these Asian of concerns that are not addressed by these Recovery Office of the Governor. By providing direct grants to tribes, local governments, and nations are undergoing has already had a se- appropriations that I believe must be consid- rious effect on the economy of my state ered during the fiscal year 2000 budget and community groups, Washington can begin the important work of restoration and recovery ac- through reduced exports, and this trend threat- appropriations cycle. ens to continue unless we work with these I strongly support the supplemental funding tivities to revive dwindling fish runs. The transportation provisions included in countries and relevant international organiza- in the omnibus package that will be directed to this omnibus appropriations bill will fund many tions to lessen its effect. military readiness and overseas operations. important projects in Washington State, all of Because of these concerns, I support the in- For quite some time I have been concerned which have widespread support among our clusion of credit in this bill to replenish the about our troop readiness levels as well as the state congressional delegation. I am very International Monetary Fund so that it may chronic shortages in spare parts, equipment pleased with the $54 million in funding for the continue its work to help these Asian nations overhauls, facility repairs, recruiting, and rou- Puget Sound region's ambitious mass transit resolve their economic problems and to con- tine base operations. In fact, I have had sev- program, called Sound Transit. Most of this tinue to buy American goods. I am also glad eral conversations recently with the base com- total is for commuter rail, which will begin that strong language was adopted requiring manders at Ft. Lewis Army base near my dis- service between Tacoma and Seattle at the the IMF to make necessary reforms with re- trict, and am told that readiness and training end of next year. Traffic jams have become gard to fairness, transparency, and to the con- dollars are so scarce that soliders are mowing far too commonplace in the Puget Sound re- ditions that the IMF places on nations that lawns and performing other civilian duties in- gion, and this investment will provide substan- seek to borrow funds. stead of training for combat. tial relief from this problem. I also am very This is absolutely unacceptable. We have Finally, Mr. Speaker, I am pleased that the pleased with the continued funding for three already cut defense by roughly one-third since bill includes a small but important clarification important transportation projects in the district in law that was related to a provision adopted the peak of the Reagan budget, yet our oper- I represent: the Tacoma Station, Brem- ational tempoÐincluding the rate at which our in the Defense authorization bill earlier this erton's Transportation Center and the Inter- year. Though it was not the intention of Con- soldiers, sailors and airmen are being de- national Gateway Center in Port Angeles. ployed overseasÐhas not followed that down- gress to complicate the export of commercial These projects are critical to economic devel- aircraft and spare parts, the language of a ward trend. In fact, current OPTEMPO rates opment in these areas which all suffer from a are at near-record highs for the 20th century. broad prohibition on the export of missile-relat- myriad of problems, including high unemploy- ed technology to China contained sufficient The additional funding included by the Con- ment and poverty. gress in this legislation will help mitigate these ambiguity that it could have jeopardized the I do not think that anyone can discuss this sale of Boeing aircraft to one of America's problems in the near term. However, addi- bill without mentioning the important provisions tional funding will be required in fiscal year largest export markets. With the passage of regarding the education of our children. This this omnibus appropriations act an important 2000 and beyond in order to ensure a long- legislation contains $1.2 billion for an impor- term solution to the serious readiness prob- clarification will eliminate this ambiguity and tant new program proposed by the President assure that one of the top United States ex- lems plaguing all branches of our Armed and congressional Democrats to help school Forces. porters, employing more than 200,000 United districts hire and train 100,000 new teachers States workers, will be able to compete on I am equally worried about the inadequacy over the next seven years. Washington will re- of funding included for the modernization of equal footing in the Chinese market with other ceive almost $20 million. We all have read the worldwide aircraft manufacturers. our future fighting equipment. The Joint Chiefs studies that show that kids learn better in Mr. Speaker, let me conclude by stating that have stated consistently over the past couple small classes. I am very pleased that Con- of years that the procumbent portion of the de- gress is finally taking steps to help local I recognize that this bill does not have the an- fense budget needs to be increased to roughly school districtsÐespecially the poorest in our swers to all of the problems that currently face $60 billion annually in order to provide our countryÐto begin to make this happen. our country. But it is, in my judgment, a good- troops with the weapons and equipment need- Many of my colleagues know how important faith effort to solve many of them, and be- ed to address the military challenges of the the Impact Aid Program is to me and to the cause of this, I urge my colleagues to support next century. The procurement budget cur- many men and women in my district that it. rently stands at just over $48 billion. The sup- serve in our country's armed forces. This pro- Mrs. KENNELLY of Connecticut. Mr. Speak- plemental package does not include much gram, which provides federal dollars directly to er, I rise today with mixed emotions about this funding for procurementÐthe exception being school districts that serve the children of our billÐnot just because it is the last bill moving an additional $1 billion for missile defense. uniformed service personnel, is needed to through the House that I will see during my This is far short of what is needed to ensure bring these districts up to the same funding 17-year career here. Rather, it is because I that our fighting forces remain the best level per student as non-impacted schools. I think the process yielded good results in many equipped in the world. I will continue to work am happy that the agreement provides an ad- areas, patched over problems that have to be with the administration and with my colleagues ditional $56 million for this program. Although addressed again next year, and made some to ensure that additional monies are allocated the $864 million does not reach the authorized poor decisions in other areas. for this priority. level of funding, it does provide the minimum The biggest achievement of this negotiated I also applaud the willingness of Congress need for each participating school districtÐthe settlement is, of course, the fact that the gov- to step forward and provide the necessary first time this has been done in many years. ernment will be funded for next year, with one October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11651 large exception that is keyed to a looming Su- sage or laws being made. The process we are The rural empowerment zone and enterprise preme Court decision. Perhaps the next big- following today gives sausage makers a bad community program is an example of an eco- gest achievement is the start of the Presi- name. nomic development program that works. Since dent's program to put 100,000 new teachers in The process by which we arrive at today's 1993, these communities have created or the classroom. I was an original cosponsor of budget agreement is indefensible. This yearÐ saved nearly 10,000 jobs, and provided job this legislation, and argued for it throughout for the first time in the 24-year history of the training to more than 14,000 people. They the year. Budget ActÐthe House and Senate failed to have used their federal funds in partnership This legislation constitutes a common sense agree on a budget resolution. More than half with private resources to build or upgrade approach to improving our public schools and of the thirteen regular appropriation bills were health care facilities, schools, computer learn- the performance of our children in the early never completed. ing centers, and housing. years. This is a program we must continue to The majority dragged its feet all year on A key factor in enterprise communities' suc- fund until we get the student/teacher ratio well scores of other important matters. Whether it's cess is their ability to work closely with local below 20 to 1, and then we must expand the providing emergency funding to deal with the governments, regional planning authorities, program to keep these gains going throughout year 2000 computer problem and natural dis- and the private sector to leverage the maxi- elementary and middle schools. The federal asters, or recapitalizing the IMF, or extending mum benefit from their funding. The money government must also enact legislation to help critical tax provisions like the research and de- we appropriated for this program accounted our states and local governments build new velopment tax credit, the country's business for a little less than 10 percent of the eco- classrooms. I find it hard to believe that a po- shouldn't have to wait until the 11th hour. nomic development dollars spent in the rural litical party counts as a ``win'' its ability to The breakdown in the budget process rests ECs. The vast majority of the money for the make sure that no help goes to relieving over- squarely on the shoulders of the majority and projects I described came from other competi- crowding in public schools. That is a mark of its leadership. The result is that we are con- tive federal grants, state and local funds, and shame, not a badge of honor. The education sidering a $500 billion, 4,000-page, catch-all the private sector. of our children is our future, not simply an- bill, with no amendments allowed. This is no When the EZ/EC program was reauthorized other spending item. way to legislate. last year, it provided for only five new rural en- I am also very pleased with the tax provi- No thanks to the process, on balance, the terprise communities. More than 200 appli- sions that have been incorporated into this bill. budget agreement before us contains many of cants are competing for these designations, The most important of these changes, besides the priorities I have been fighting for this year. proving that our communities are starved for The agreement contains funding to begin hir- the tax extenders, is the one year relief for effective economic development programs. ing 100,000 new teachers to reduce class size middle income American families from being This is why we believed it was so important in schools across America. It expands Head thrown into the alternative minimum tax simply that these 20 additional designations be in- Start and provides for after school and child because they use the dependent care credit, cluded in the omnibus appropriations bill. the adoption credit, or the child tax credit. I ar- literacy programs. When Mr. WATKINS and I introduced our bill, The agreement is true to our commitment to gued strongly through the development of the we wanted to make sure that the Department save Social Security first. it rejects Republican 1997 tax bill that these credits should be ex- of Agriculture had the flexibility to consider efforts to raid $80 billion of the Social Security cluded from the alternative minimum tax, but factors other than poverty that contribute to surplus. The agreement provides critically the offsetting revenue to do this was needed rural distress. These included criteria such as by the other side to achieve their objectives in needed funding for the IMF so it can respond to the financial turmoil abroad that, left un- outmigration, underemployment, and sudden that bill. I subsequently introduced legislation and severe economic distress of the type that to remove these items from the AMT, and I checked, threatens to undermine our own might be caused by the closure of a military am pleased that this bill removes these credits economy. base or a factory. We hoped that the Sec- for 1998. In a small bill like this, a one year The agreement provides funding to help retary of Agriculture will take these sorts of exclusion is the best that can be done. While solve the serious Year 2000 computer prob- things into account when he is considering I would have preferred to fix this permanently lem. It increases funding for the National Insti- which communities qualify for the rural enter- before I left Congress, it is more important that tutes of Health to combat diabetes, cancer and other diseases. It funds the COPS Pro- prise community designation. the principle has been established that these As I conclude my remarks, I wish to thank credits should be excluded, and I am confident gram to put more police on our streets. It all of my cosponsors from both sides of the that the committee will find a means of accom- makes necessary improvements to Medicare's aisle for insisting that the Rural Enterprise plishing this during the 106th Congress. home health care rules. Finally, this agree- The other tax items I am very pleased with ment strips out dozens of special interest, anti- Communities Act be included in the omnibus is the increase in the private activity bond cap environmental riders that had been inserted appropriations legislation. It was your sup- which has not been adjusted since 1986. into the appropriation bills. portÐand the very vocal efforts of our commu- State and local governments issue tax-free Unfortunately, other important goals were nities back homeÐthat convinced the adminis- bonds primarily to fund important economic not achieved. The majority succeeded in tration that this program was worth fighting for. Mr. BARR of Georgia. Mr. Speaker, I rise development projects and to make it easier for blocking comprehensive campaign finance re- people to buy . In Connecticut, for ex- form, blocked action on a meaningful Patients' today to speak about a very important provi- ample, increasing the volume cap will mean Bill of Rights, and prevented the President's sion in the omnibus appropriations conference an additional $82 million for first-time home school construction initiative. report, H.R. 4328. This issue is extremely im- buyers or economic development projects. While the process was seriously flawed, and portant to my constituents and to many other The legislation I introduced to increase the the bill before us does not address all con- Americans concerned with their second cap had widespread bipartisan support; in fact cerns, I will vote for the budget agreement. I amendment rights. This issue deals with the only one other bill in the 105th Congress had urge my colleagues to support it as well. implementation of the so-called Brady Act re- more cosponsors. I cannot think of a better Mr. HINCHEY. Mr. Speaker, earlier this lating to gun purchases. The implementation way to end my congressional career than by year, I joined with my colleague from Okla- of the Brady Act is primarily the responsibility enacting this type of legislation, and I very homa, Mr. WATKINS, to introduce the Rural En- of the Federal Bureau of Investigation (FBI), much appreciate the help I received from the terprise Communities Act. Tucked away in this which is funded by this bill through the Depart- chairman of the Ways and Means Committee, monster of an omnibus is a small provision ment of Justice. This appropriation bill con- Mr. ARCHER, and the ranking minority member, that contains the heart of our billÐthe author- tains a number of relevant provisions which Mr. RANGEL. I have very much enjoyed work- ity for the Secretary of Agriculture to designate will continue the original congressional intent ing with both of them throughout the years, as 20 new enterprise communities in rural areas. with respect to the implementation of this law. well as the other members of the committee Mr. WATKINS and I believed that this legisla- First, I would like to examine some of the and the staff, who represent the best Wash- tion was absolutely necessary to address the history of the Brady Act. The expressed pur- ington has to offer. problems facing rural America. It is easy to pose of the Brady Act is to provide for back- Mr. Speaker, I support this bill and hope it forget that nearly 800 non-metropolitan coun- ground checks on gun buyers, and it does that will be approved by an overwhelming margin. ties have high poverty rates. Much of the na- in two ways. First, there is an interim ``waiting Mr. LEVIN. Mr. Speaker, this budget agree- tion's substandard housing is located outside period'' provision under which persons buying ment can be summed up in four words: Bad of urban areas, and the distances between handguns must wait five days before taking process, good result. places and the lack of public transportation delivery. During that time, a report of the sale There is an old saying about how people magnify the economic problems in rural com- is to be sent to local law enforcement officials, with weak stomachs should never watch sau- munities. who are supposed to conduct a background H11652 CONGRESSIONAL RECORD — HOUSE October 20, 1998 check of the buyer to determine that the buyer system relating to the person or the transfer.'' posed to the provision that would effectively is not disqualified from owning firearms. How- This was intended to prevent the FBI or any allow states to veto projects specifically pro- ever, the provision mandating that local offi- other agency from using the system to keep a vided for by TEA±21 and included in this ap- cials perform the background check has been listing of everyone approved by the system to propriations bill. When I and my fellow col- found unconstitutional by the Supreme Court. buy a firearm. leagues on the Transportation and Infrastruc- That is why the Congress also mandated that Another relevant provision is Sec. 103(I) of ture Committee drafted TEA±21, it was our in- as of November 30, 1998Ða full 5 years after the Brady Act itself as a non-codified law, tent that all monies devoted to ``high-priority'' the passage of the Brady ActÐthe waiting pe- which establishes a ``Prohibition Relating to projects would have to be spent on those riod would sunset and be replaced by a com- Establishment of Registration Systems With projects or states would lose the allocations. puterized national instant background check Respect to Firearms'' and provides that ``No There were many discussions and much testi- system operated by the FBI. The 103d Con- department, agency, officer, or employee of mony about this issue. In hearing after hear- gress believed, as the majority of us in the the United States'' may use the instant check ing, state governments consistently argued 105th Congress believe, that the instant check system ``to establish any system for the reg- that they should be allowed to reallocate obli- would be an effective system that would be istration of firearms, firearm owners, or fire- gation limits for TEA±21 high-priority projects less intrusive on the rights of gun owners. arms transactions or dispositions'' except re- to other projects that they deem more impor- Although I was not a Member of this body garding persons prohibited from receiving fire- tant. The full Transportation Committee felt dif- at the time, the operation of the instant check arms. ferently, and that is precisely why we drafted system was believed to be a national respon- The gun registration issue has been a great TEA±21 to mandate specific spending on spe- sibility that would be paid for nationally, rather concern to this body in the past. For instance, cific high-priority projects. than by a retroactive ``gun tax'' levied on indi- for a number of years, the appropriations bills For instance, southern Dallas, which com- vidual buyers. In fact, the Brady Act itself au- for the Department of the Treasury have con- prises a large part of my district, is badly in thorized $200 million to be made available to tained a prohibition on expending appropriated need of road and infrastructure improvements. the States for the upgrading of their criminal funds for centralizing records of acquisitions However, this area has been largely ignored history record systems. Over the past 5 years, and dispositions of firearms by licensed deal- by the Texas Department of Transportation in nearly that sum has been made available to ers. Language codifying that position of a pro- favor of other projects in more affluent areas the states through the Department of Justice hibition is concluded in H.R. 4328 as well. of the state. The opinions of city and county grants from appropriated funds, and the FBI The Congress also acted on this issue in elected officials as to the needs of their con- has additionally spent funds to create the nec- the Firearms Owners' Protection At of 1986, stituents have consistently been overridden by essary infrastructure for the instant check sys- when it forbade agencies from issuing rules or the Republican appointed and partisan Com- tem. regulations requiring the centralization of missioners of the Texas Transportation Com- However, Mr. Speaker, there has been a records of firearms licensees, or requiring the mission. In TEA±21, I was able to secure series of proposed rulemakings by the FBI in creation of systems of ``registration of firearms, funding for this area long awaiting revitaliza- which it proposed a ``user fee,'' or more accu- firearms owners, or firearms transactions or tion efforts with the understanding that, for rately termed, a ``gun tax,'' in the neighbor- dispositions.'' once, the money would have to go there. The FBI has proposed regulations on instant hood of $14 (or more) on each firearms trans- I am not alone in this struggle. Many of my check implementation included in its recently action checked by the instant check system, colleagues have been in similar situations dur- released proposal to keep records of firearms supposedly to cover the costs of the system. ing which their districts were consistently purchasers' personal identifying information for Due to the outcry from my constituents, and passed over by their state governments when a period of 18 months, in its so-called ``Audit the constituents of many other Members, I in- allocating road and infrastructure improvement Log.'' It is my opinion, and the opinion of troduced a bill, H.R. 3949, which would pre- dollars. TEA±21 was designed to change this many of my colleagues here today, that a reg- vent the FBI from charging such a fee. Like- diversion of resources and to finally bring im- ulatory proposal to maintain records of ap- wise in the other body, Senator BOB SMITH of provements to under-served areas. TEA±21 proved firearms purchasers' personally identi- New Hampshire introduced a similar amend- represented a bipartisan attempt to improve fying information would violate the letter and ment on the Commerce-Justice-State appro- the nation's transportation infrastructure, in spirit of these provisions we have discussed, priations bill which would prevent the FBI from large part by identifying projects that need to both in the Brady Act and the Firearms Own- charging such a fee. The Smith amendment be completed and allocating money to be ers' Protection Act. passed the Senate by a vote of 69 to 31, at- spent only on those projects. testing to the support such an undertaking For the purpose of enforcing those provi- While it is my understanding that the provi- has. sions, both H.R. 3949, and Senator BOB sion will be removed from the bill in the 106th As a result of the efforts by Members of the SMITH's amendment prohibited the FBI from Congress, I am troubled that the provision ex- House, Senator SMITH, Senator CRAIG, and maintaining records of approved purchases. other colleagues in the other body, this omni- Mr. Speaker, I am very pleased to report that ists in the bill at all. It is an irresponsible con- bus appropriations bill includes a provision H.R. 4328 includes a very important provision tradiction of the intent and spirit of TEA±21 banning the FBI from charging a gun tax. In forbidding the use of appropriated funds to and the compromises reached by the mem- addition, the bill includes more than $40 mil- create any instant check system that does not bers of the Transportation Committee. South- lion in funding for the operation of the instant `'require and result in the destruction of any ern Dallas, and other areas across the country check system to carry out its mission. identifying information submitted by or on be- like it, need and deserve the consideration I now turn to another extremely important, half of any person who has been determined that TEA±21 provides, not more of the same related issue. In 1993, during the debate on not to be prohibited from owning a firearm.'' old treatment. I urge the Republican leader- the Brady Act, the Congress expressed con- This language is carefully crafted to ensure ship to remove this provision so that these cern with preserving the privacy of gun buy- the FBI complies with all the provisions of the areas can finally receive that consideration. ers, and not allowing the instant check system Brady Act and the Firearms Owners' Protec- Mr. ROGERS. Mr. Speaker, for the Depart- to turn into a national computerized gun reg- tion Act which prevent this system from turn- ments of Commerce, Justice, and State, the istration system. The establishment of a gun ing into a gun registration scheme to restrict judiciary, and related agencies, the conference registration system would obviously be of the second amendment rights of law-abiding agreement provides a total of $33.7 billion, great concern to gun owners. Gun registration Americans. which includes: $27.6 billion in discretionary systems have been used in many foreign Mr. Speaker, I want to thank Chairmen LIV- funding, $5.5 billion in crime trust funds, and countries, and in United States jurisdictions in- INGSTON, ROGERS, and STEVENS for including $600 million in mandatory funding. cluding California and New York City, to con- this very important language in this appropria- As in the House-passed bill, aside from the fiscate firearms from citizens. tion bill. I look forward to revisiting this issue ramp up for the 2000 census, the major in- To address those concerns, the Brady Act at a later time through the oversight process creases are for the Department of Justice, to contained explicit language, codified as 18 to ensure that the FBI obeys this law. press forward on our number one domestic U.S. Code, Sec. 922(t)(2), which provided that Ms. EDDIE BERNICE JOHNSON of Texas. priorityÐfighting crime and drugs, strengthen- once a firearms transaction is approved, the Mr. Speaker, notwithstanding the important ing our borders, and protecting against terror- system shall ``destroy all records of the system and needed transportation funding included in ism. with respect to the call (other than the identify- the measure, I stand in firm opposition to cer- The conference agreement provides $18.2 ing [transaction] number and the date the tain provisions included in the omnibus appro- billion for Justice, an increase of $450 million number was assigned) and all records of the priations bill, H.R. 4328. In particular, I am op- over fiscal year 1998. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11653 The conference agreement retains the is free to submit such legislation to the House While compromise is part of a democracy, House priority on State and local law enforce- and Senate Judiciary Committees for their we must not compromise the legislative proc- ment, by providing $4.85 billion including: full consideration. ess. We must work to maintain integrity in the restoration of local law enforcement block In other parts of this omnibus bill, the con- process and restore the faith in the way we grant at $523 million; full restoration of the ju- ference agreement includes a number of pro- govern. We can, and must, do a better job in venile accountability block grant at $250 mil- visions that relate to the programs covered by fulfilling our responsibilities as elected officials. lion; a significant increase for juvenile crime the Commerce, Justice, State, and judiciary Mr. SERRANO. Mr. Speaker, I rise in decid- prevention to $285 million, $47 million over fis- appropriations bill. These include: $1.4 billion edly unenthusiastic support for the conference cal year 1998; an $1.4 billion for the COPS in emergency funding for the State Depart- report on H.R. 4328. This is nominally the Program, including $180 million for special ini- ment and the FBI to respond to the recent ter- Transportation appropriations bill for fiscal tiatives. rorist embassy bombings in Africa, including year 1999, but in reality it is a monstrous om- Other items in the Justice Department in- major upgrades of security at U.S. missions nibus bill that encompasses eight unfinished clude: An increase of $111 million over fiscal around the world. appropriations bills, arguably more emergency year 1998 for the war on drugs; $283 million $101 million in emergency funding for SBA spending than can be justified under the for the Violence Against Women Act pro- disaster loans and administrative expenses in Budget Act, and numerous extraneous items, grams; $2.46 billion for the Immigration and response to increased requirements due to also the result of Committees failing to finish Naturalization Service, under two new ac- Hurricane Georges and other natural disas- their work on time. ThisÐthingÐis more than counts, including a $40 million interior enforce- ters. 4,000 pages long, nearly two feet tall, and ment initiative, similar to what was included in $20.2 million for additional emergency fund- nearly 40 pounds. the House bill; and $145 million in new fund- ing for anti-drug programs of the DEA and Much of the conference agreement is the ing for counterterrorism measures, including INS; $30 million and authorization language routine business of Congress that should have $125 million for equipment grants and training for a pollock fishing buy out program; $5 mil- been done through the normal process and in for state and local first responders. lion in emergency funding for the New Eng- a timely manner. Some of it represents bullets For the Department of Commerce, the bill land multi-species ground fishery; $2 million dodgedÐbad provisions from earlier versions includes $5 billion, including $1,031 billion for and authorization language for a Trade Deficit of appropriations bills that have been removed the decennial census, $75 million over the Review Commission; portions of the State De- or improved in the final negotiations. Some of House-passed level, to assure preparations for partment reauthorization legislation, dealing it is Democratic victories on important pro- an actual enumeration. with the merger of the Arms Control and Dis- grams, such as funding for the President's For the Department of State, and related armament Agency and the United States Infor- 100,000 teachers initiative, but the package agencies, the conference agreement includes mation Agency with the State Department, and also represents lost opportunities, including $5.5 billion, including $475 million for U.N. ar- providing authorizations and other changes in the President's school renovation and con- rearages, subject to authorization. legislative authority with respect to these three struction initiative. I will reluctantly vote for it, For related agencies, the conference agree- agencies; the Chemical Weapons Convention but I reserve the unfinished business of Amer- ment includes $300 million for the Legal Serv- Implementation Act, as passed by the Senate; ica for next year. ices Corporation, and $76 million for SBA dis- the Internet Tax Freedom Act, the Child On- From the 100,000 teachers initiative, I am aster loans, with additional funds for disasters line Protection Act; the American Competitive- happy that New York will receive nearly $105 provided elsewhere in the bill. ness and Workforce Improvement Act, relating million over 6 years, and that the Bronx, of While the conference agreement includes to temporary foreign professional workers; re- which I represent the southern part, will re- full year appropriations for all agencies, it also authorization of the Police Corps; and several ceive $14.6 million. This is a wise investment includes a provision cutting off funding on authorizations relating to anti-drug programs. in the future of our children, but the lack of June 15. This, in my view, is a very problem- Mr. MORAN of Kansas. Mr. Speaker, to- any funding for school renovations and con- atic provision. It was inserted as part of the night Congress considers a spending bill that struction leaves us wondering where these current resolution of the census debate, and is troubling. It is the largest appropriation bill new teachers will meet their students! Next holds all agencies, not just the decennial cen- that I have ever voted on and I hope it will be year, Mr. Speaker, we must address the sus, hostage to future debate on the conduct the last time I am asked to vote on this school facilities issue. of the 2000 census. amount of spending. At over $500 billion, it is I also intend in the next Congress to pro- This, in my view, is a serious mistake. All of nearly one-third the entire federal budget. This pose a program to hire 100,000 new para- the programs in this bill, such as the Supreme amount of money is beyond our grasp and the professionals. Adding teacher aides to class- Court, the rest of the Federal courts, the De- details of this legislation beyond our com- rooms also permits more individualized atten- partment of Justice, the FBI, the INS, the prehension under today's time frame. tion and more discipline, but at lower cost than DEA, the State Department embassies There are many provisions in this bill that I adding teachers, and beginning as a para- abroad, and loans to small businesses, could support, particularly those for agriculture, professional is a first step on a professional be shut down over a political dispute between home health care and education. This bill in- track for less-educated but equally dedicated the Congress and the administration over how cludes tax reductions for farmers, ranchers, adults. The two initiatives together will go a to conduct the census. I cannot believe the and small business owners. In addition, this long way to prepare our children for self-suffi- administration insisted on this provision, and I bill is critical to the operation of many govern- cient, productive adulthood, and for healthier, cannot believe that the administration wants to ment functions such as Social Security and happier lives. hold open the possibility of shutting down our national defense. However, I am certain Mr. Speaker, I would be remiss if I failed to these vital functions of government as lever- that there are numerous provisions in this bill mention three emergency items in the jurisdic- age for its position on the census, that has which I do not support. Even worse, there are tion of the Legislative Branch Appropriations been rejected by two district courts. also items in this bill that I cannot be aware Subcommittee, of which I am the ranking I believe this provision is not defensible, and of until after I am expected to make a decision Democrat: the blame lays squarely on the shoulders of and cast my vote. For these and other rea- The conference agreement includes $100 the White House. sons, I am very critical of the process which million for a Capitol Visitor Center, which will The conference agreement also includes a brings this appropriations measure to the floor not only enhance the security of the Capitol provision that makes all Government attorneys tonight. Complex in the wake of the tragic shootings of subject to the ethics rules of State attorneys, I know I am not alone when I say I would Capitol Police Officers Chestnut and Gibson effective 180 days after enactment of this bill. appreciate the opportunity to vote on each of and the terrorist threats arising from events The 180 day delay of the effective date is the individual provisions contained in this bill. abroad, but also improve the experience of intended to allow the Department of Justice Each provision should be debated on its own visitors to the Capitol by presenting exhibits to sufficient time to express any concerns it may merit. Free and open debate is a principle help them understand Congress and the Cap- have to the Congress about the application of upon which this country was founded and one itol and even by improving their access to the legislation. The Department of Justice has that we as Members of Congress must work restrooms and food service. expressed a desire for the Congress to ask to protect. The conference agreement includes nearly the Department to submit legislative language That is not to say that I am naive enough $107 million for various other physical security authorizing the Department to develop and en- to believe that every policy which I support will enhancements to the Capitol Complex, includ- force a code of ethics to cover the conduct of pass and those I oppose fail. In a democracy ing Library of Congress and grounds. its own attorneys. Of course, the Department we are often forced to make difficult decisions. We do not want to the People's Branch H11654 CONGRESSIONAL RECORD — HOUSE October 20, 1998 off from the public, but there are measures we late the CDQ programs for Bering Sea and Finally, members were given just three can take to keep the campus open while en- Aleutian Islands pollock and for Bering Sea hours to review this monstrosity of a spending hancing the security of all who work or visit and Aleutian Islands non-pollock groundfish bill. This bill is insulting to those of us who are here. species in a manner that continues to ensure deeply concerned about the future of this Finally, the conference agreement provides that no species is subjected to overfishing. country and the astounding $5.5 trillion na- a total of $16.9 million to the House, the Sen- Because they take effect on January 1, tional debt that we are passing on to our chil- ate, and, through the General Accounting Of- 1999, the Secretary must implement sub- dren. By passing this bill, we are avoiding the fice, to the rest of the legislative branch, for sections (a) and (b) of section 06 by promul- tough decisions we need to make if we are to Year 2000 conversion of information tech- gating emergency regulations. However, as ever see a budget surplus and shore up So- nology systems. soon thereafter as practicable, the Secretary cial SecurityÐand if we are ever to lower the Mr. Speaker, I repeat that, while I will vote shall implement section 06(a) and (b) by pro- national debt. for this omnibus bill, it is without enthusiasm. mulgating regulations that have been rec- Mr. Speaker, let me conclude by saying I cannot urge my colleagues to vote one way ommended by the North Pacific Council to im- Christmas has come early this year. There's or the other. But I will say that a great deal of plement those subsections and other appro- something for everyone's stocking in this billÐ the people's business remains undone. This priate conservation and management meas- but, unfortunately, our children will pay the Congress, under Republican leadership, has ures. price. Mr. KIND. Mr. Speaker, I rise today in oppo- failedÐhas refusedÐto address abuses in our Mr. BLUMENAUER. Mr. Speaker, investiga- health care system, to reduce teen smoking, sition to the 1999 omnibus appropriations bill. I do not cast this vote lightly. There are tions and impeachment proceedings have to reform the campaign finance system, and dominated news of the 105th Congress. The much more. We will be back next year to some good priorities in this billÐthings that I have fought for these past 2 years including disappointing reality is that, by scheduling less press ahead on the issues that the American legislative business than any Congress in a people care about most. funding for improving education and job train- ing, expanding rural health care, protecting the generation, the Republican leadership has Mr. YOUNG of Alaska. Mr. Speaker, section provided little else for the press to cover. Peo- 06(a) requires the Secretary to allocate ten environment, and putting police on the streets. It also funds the International Monetary Fund ple on both sides of the aisle will admit as percent of the total allowable catch (TAC) of much with little or no prompting. pollock in the Bering Sea and Aleutian Islands which I believe is necessary to maintain global This year we have not even passed a budg- area as a target species to the western Alaska economic stability. Indeed, I support the pro- et resolution, the first time in 24 years that community development quota (CDQ) pro- grams which provide relief to America's farm- Congress has failed to provide this framework. gram, beginning on January 1, 1999. And, ers, summer jobs for teenagers, and higher When division and confusion arose in the Re- prior to allocating the remaining ninety percent health insurance deductions for the self-em- publican caucus, they chose to abdicate their of the TAC of pollock to catcher vessels and ployed. responsibility rather than work with the Demo- catcher/processors pursuant to paragraphs Furthermore, I am fully aware that it is not crats to put together a budget compromise. (1)±(3) of section 06(b), section 06(b) requires unusual for several appropriations bills to be the Secretary to allocate to the CDQ program rolled together and passed in this fashion. But Over what issues did the Republicans allow the amount of additional pollock that will be in- this year's bill goes way beyond what may be the budget process to be held hostage? Con- cidentally taken by vessels that harvest the di- the usual ``rush to the finish'' and sets a very servative extremists brought fiscal planning to bad precedent for future fiscal responsibility. rected fishing allowance of non-pollock a halt for days to fight over such policies as First, this is the first year since 1974 that groundfish species that has been allocated to whether federal health insurance recipients Congress has not passed a budget resolu- should be guaranteed contraception coverage. the CDQ program. tionÐthe blueprint for annual spending. We During the 1998 fishing year, the Secretary Somewhat ironic for people who claim to be had no official guidelines for spending this has regulated the CDQ programs for Bering against abortion. year and, consequently, we now do not know Sea and Aleutian Islands pollock and for Ber- Because of all the delays and infighting, I precisely how the spending caps were deter- ing Sea and Aleutian Islands non-pollock am now being asked to vote on one spending mined. There is no excuse for this irrespon- groundfish species as two separate regulatory bill that encompasses a third of the entire fed- sible method of spending America's hard- programs. To ensure that vessels that partici- eral budget. While we are still in the process earned tax dollars. of learning what is in the bill, what is known pate in the CDQ pollock fishery are afforded Second, many parts of this bill were never an opportunity to harvest the entire ten per- is alarming. This bill provide $7 billion in ex- considered by any committee or by either cess of last year's budget agreement and cent of the TAC of pollock that subsection (a) chamber of Congress. In fact, some provisions allocates to the CDQ program, section 06(a) adds an additional $21 billion in so called actually reverse language that has already emergency spending, stretching the definition and (b) collectively direct the Secretary to con- been passed. The largest appropriations bill in tinue, for the purpose of catch accounting of ``emergency'' to the breaking point. It also this omnibus package is the Labor/HHS and increases military spending by nearly $9 bil- only, to regulate the CDQ fisheries for Bering Education bill. It is worth $83.3 billion and it Sea and Aleutian Islands pollock and for Ber- lionÐtoo much, and for the wrong items. The was never considered on the floor of the Republicans chose to provide questionable ing Sea and Aleutian Islands non-pollock House of Representatives. Members, such as groundfish species as separate regulatory pro- funds for the ``star wars'' program, while ignor- myself, who are not members of the Appro- ing the need for adequate compensation and grams. priations Committee, never had the oppor- retirement for military personnel. Separate accounting for the by-catch of tunity to vote on any individual provisions of I must reluctantly vote against this omnibus non-pollock groundfish species in the directed that bill, we must simply vote yea or nay on bill. I say ``reluctantly'' because there are a CDQ pollock fishery and for the catch of non- the entire bill. pollock groundfish species in the directed Third, this bill contains $20 billion in so- few very positive provisions in the bill. Demo- CDQ non-pollock groundfish fishery will pre- called ``emergency'' spending. This money is crats have managed to win additional funds vent the by-catch of non-pollock groundfish very deceptive. It is money being spent com- for new teachers and a number of environ- species in the directed CDQ pollock fishery pletely outside of the budget caps established mental programs and these gains should not from being deducted from the 7.5 percent of in last year's Balanced Budget Act. This be minimized. However, I cannot condone the the TAC of non-pollock groundfish species spending is not paid forÐand most of it is not process by which this legislation was created that the Secretary has allocated to the CDQ crucial emergency spending. It includes or its misplaced priorities. program. This will allow vessels participating spending for military readiness, ballistic missile I have searched for any rationale to justify in the directed CDQ pollock fishery to collec- defense, a U.S. Capitol Visitor Center, Y2K this fundamental breakdown of Congress. tively harvest as by-catch a small amount of computer fixes, and efforts to prevent drug There was, however, no national emergency, non-pollock groundfish species in addition to production and trafficking. These funds may there was no physical crisis, and there was no the 7.5 percent of the TAC for such species be worthy, but they should be debated, deter- attempt at bipartisan cooperation. Instead, in- that the Secretary has allocated to the CDQ mined to be priorities, and incorporated into action, special interest pressure, and mem- program. However, the total harvest of non- the general spending bills. bers' desires to go home have allowed us to pollock groundfish speciesÐboth as by-catch Fourth, no one really knows what pork accept this unusual process. and in the directed fisheries for such spe- projects are contained in this bill. They are Hopefully, something positive will come from ciesÐshall not exceed the allowable biological hidden deep within the 4,000 page document this episode. Perhaps the American public will catch for each species. And it continues to be and there is no comprehensive list for all to pay more attention to how their tax dollars are the intent of Congress that the Secretary regu- see. managed. Perhaps these issues will become October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11655 an object of attention during the election proc- schoolsÐnot less. High technology and com- in spending on our military. There are some ess. Perhaps these developments will even in- puters in every classroom do not leave any additional resources for defense in this bill, spire future fiscal cooperation, similar to the children behind. and those are badly needed. The additional cooperation which has successfully fended off That is one of the reasons I support full push for missile defense and the extra re- environmental attacks and continues to at- funding for the E-Rate program which will help sources to compensate for readiness shortfalls tempt to restore some degree of civility to con- provide needy public school students with bet- are essential. LIkewise, it is better to appro- gressional operations. ter access to telecommunications technology, priate additional funds for the Bosnia operation Every Member of Congress should be moti- including the Internet and other educational than it would be to further reduce our readi- vated to prevent a repeat of this failed budget media. ness and modernization to pay for it. process in the 106th Congress, regardless of Congress should be working to reduce class But, as badly as these additional funds for which party is in charge. I am inspired to size in the early grades and reduce class our military and intelligence efforts are need- begin this conversation now, while the memo- overcrowding. The average class size in the ed, no one should think that this bill solves all ries are still fresh. This bill be one of my high- early grades ranges from 32 to 36 studentsÐ of our problems. We have a serious mismatch est priorities of the new year. this is much too large for effective teaching between policy and resources which must be Ms. MILLENDER-MCDONALD. Mr. Speaker, and learning. Research demonstrates that re- resolved. We also have to make tough deci- I rise this evening to express my extreme dis- ducing class size in the early grades will: (1) sions to ensure that the country gets the maxi- appointment with the failure of this Congress raise the level of student achievement in read- mum benefits of each dollar spent on defense. to promote education for all American children. ing and math; (2) improve classroom dis- Those decisions cannot be put off much Providing quality education to our children is cipline; and (3) better ensure that children are longer. one of the most important responsibilities we receiving the personal attention they deserve. There are a number of other provisions in have. As the only Member of Congress serv- That's why I support the President's initiative. the bill which I favor, yet I am also very dis- ing on the National Commission on Teaching This will help reduce class size in the early appointed that there is no broad tax relief con- and America's Future, I must speak about the grades to 18 students across the country. tained in this bill. Families are having a tough lost opportunities for funding education in this Congress should also be working to improve time making ends meet all around the country. Congress. The National Commission is com- the quality of teachers teaching our children. We had an opportunity to let them keep more prised of governors, university presidents, We must have the best-trained teachers if we of the money they earn, but we have not state superintendents, superintendents of expect our children to be the best they can be. taken advantage of it. schools, principals, and educators from across That is why I introduced teacher excellence I am also disappointed that we have not the country. We have worked for years to legislation to change the way teachers are done more to address the severe problems evaluate the needs of students and have trained and to improve the quality of teaching many of my constituents are experiencing with made recommendations that will improve the in America's classrooms. We must provide home health care. This administration has quality of education for all students. Our top every student in America with access to com- mishandled this issue at every turn, and inno- recommendation is to improve the quality of petent, qualified and dedicated teachers. We cent people are suffering because of their in- our teachers by reducing class size and im- must provide a comprehensive approach to eptitude. We should have done more to rem- teacher training that provides professional de- proving teacher training. I introduced legisla- edy the situation. velopment for veteran teachers. We must also tion to implement these recommendations. In There are a number of other provisions provide mentoring for beginning teachers by fact, there have been several good proposals which I would vote against if I had the oppor- veteran teachers who've spent years in the to improve the quality of education, but unfor- tunity to vote on each of them. Unfortunately, classroom and can share a wealth of experi- tunately, the majority of this Congress has not none of us has that opportunity. We must vote ence with those just entering the profession. I seen the need to provide the infrastructure of on the entire, forty pound, four thousand page believe that we must restore the stature and education for our children. document. So, I will reluctantly vote for this importance of the profession of teaching in our That's just not fair to the public school chil- bill. dren of America. Instead of working together communities. There really is no higher profes- At the same time, I have to express deep sional calling than teaching and preparing our to support the Democratic plan to reduce class regret at this process which yields a gigantic children for this new millennium. size and modernize public schools, the major- bill, containing much of the year's work, for a These are just a few of the ways Congress single up or down vote. While Members know ity of this Congress talks about school vouch- can make a real and positive difference in the ers. The truth is that vouchers weaken public education of America's children. Education the major provisions in this bill, none of us has education. What will increase the quality of savings accounts and school vouchers will not had the opportunity to become familiar with all public education in this country is to pass the do a thing to improve the quality of education of the provisions. That is wrong. It is abso- plan that the President proposed last Janu- for America's children except take precious lutely essential that we overhaul the budget aryÐlet's reduce class size by adding 100,000 dollars away from where it's needed the and appropriations process to prevent a re- new, qualified teachers. Let's pass the plan to mostÐAmerica's public schools. peat of this kind of legislation. modernize our public schools so our children It's not too lateÐI urge my colleagues to put Mr. CASTLE. Mr. Speaker, I must reluc- are in a safe and healthy environment to the dollars where they are needed mostÐfor tantly oppose the omnibus appropriations bill. learnÐnot decrepit old buildings that are leak- educating America's children. I do so with disappointment rather than anger, ing and crumbling around them. Instead of Mr. THORNBERRY. Mr. Speaker, in a bill because a lot of hard work went into this giant supporting this proposal, the majority of this this huge, there are obviously a number of legislation. But what was necessary to get Congress tried to turn federal education aid good provisions and a number of provisions agreement with the President on this bill un- into block grants with no accountability to en- that are not so good. Each of us is called to dermines our hard-won commitment to fiscal sure that funds will go where they are most weigh the good and the bad and to render our responsibility and could threaten the balanced needed, especially to poor and undeserved best judgment on the whole. budget. students. While this bill does continue funding for a The omnibus bill increases spending to a Ninety percent of the nation's families send number of important government programs, I level that is not sustainable in future years un- their children to public schools. The right to a am particularly interested in the assistance to less we abandon the 1997 Balanced Budget quality public education for all children is part farmers and ranchers hit hard by the worst Agreement. There may be arguments for of the very foundation of our democracy. year for agriculture in my lifetime. My district amending the Balanced Budget Act. We have Whatever public resources we have available has been devastated by the most severe reached a balanced budget much faster than should be used to improve our public drought in 103 years. Those who did produce anticipated and perhaps we should revisit the schoolsÐnot to fund private schools. a crop found that they were offered extremely agreement. But not in this manner. This is a By directing more resources to public low prices while their costs of production only backdoor way to avoid the spending limits the schoolsÐinstead of gimmick savings ac- continue to rise. It is essential that we try to President and Congress agreed to only one countsÐwe can help parents, teachers, and do something to offset the effects of drought year ago. administrators meet the important education and a world market which is neither free nor Mr. Speaker, we must face facts. This bill is challenges facing the vast majority of our chil- fair. The disaster assistance, market loss as- spending the surplus. It is spending the Social dren. As an educator and administrator in the sistance, and tax provisions will be a signifi- Security surplus. This bill will reduce the 1999 Los Angeles Unified School District for many cant help to producers in my district. surplus by at least $20 billion. The President years, I can personally attest to the critical I am also very concerned about the state of has been less than candid with the American need to put more dollars into our public our defenses, and the many years of real cuts people. He has said that he wants to save the H11656 CONGRESSIONAL RECORD — HOUSE October 20, 1998 surplus to save Social Security. What he really spending is needed for other priorities such as wheat, cattle and barley with Canada that are means is that he will save whatever is left of the year 2000 problem or Bosnia operation, of tremendous importance to our hard-pressed the surplus for Social Security after he gets all there should be a legitimate effort to offset farmers and ranchers. the additional spending he wants for other pro- that spending with other reductions in lower We also have wide areas of weather-related grams. He will not use the surplus for tax cuts, priority programs. I helped put together a list disaster this year. We watched all summer as perhaps that is the right policy. But he should of possible offsets. They were not perfect, but drought conditions and excessive heat in own up to the fact that he is spending the sur- they did offer some options. Texas, Oklahoma, and throughout the South, plus on other Government programs. The we should come back next year and craft a destroyed crops and burned up pasture. amount available to strengthen Social Security new budget agreement that saves Social Se- Adding insult to injury, a succession of hurri- will be reduced by at least $20 billion in this curity, and then recognizes whatever is left of canes and tropical storms swept through legislation. the revised surplus and uses that for a bal- Texas, Louisiana, Mississippi, Alabama, Flor- Mr. Speaker, I know that negotiations be- anced plan of debt reduction, spending on ida, North Carolina, and Georgia adding to the tween a Republican Congress and a Demo- other priorities like education, and affordable, crisis for our farmers and ranchers. cratic President are never easy. There is no fair tax reductions. Today, we have the opportunity to enact a way this could be a perfect bill. I think Chair- In addition, we should make emergency fair and responsive package to help relieve man LIVINGSTON and his subcommittee chairs spending part of the budget and set aside the complex problems in farm country. have tried to get their work done. We also funds each year for emergencies. A budget re- This package was developed with the full have to face the fact that there are real emer- serve account or rainy day fund is a better cooperation and support of leadership in the gencies that require fundingÐthe drought and way to fund emergencies we know will occur House and Senate. Authorizers and appropri- income losses facing many American farmers each year. ators on both sides of the hill worked together to craft a sound response that we can all take and the damage from hurricanes and floods This legislation is necessary to fund our pride in. that affected areas of the Nation this year. government, but let's not pretend that it is a The bill provides a total of $2.575 billion for great victory. It is a bad compromise that re- However, the President has tried to take ad- disaster assistance and $3.057 for market loss lies totally on the surplus to hide an increase vantage of these legitimate emergencies and assistance associated with trade disruptions. in spending that violates the budget agree- requested billions more in additional funding This bill will help farmers through this unprece- ment. It may be necessary to avoid a stale- for programs that are important, but are not dented combination of adverse market pres- mate that causes a government shutdown, but emergencies and should not be funded out- sure and weather disaster. side the budget agreement. it is no great policy victory. We have taken the Rather than seizing on the opportunity to Putting a bill together to fund the eight re- first step down the slippery slope back toward create new programs needing endless fund- maining appropriations bills is a tremendous irresponsible spending. I hope we learn a less ing, all the assistance in this bill is capped and task, but frankly not many tough decisions from this flawed process, return to sound limited to fiscal year 1998. were made in this omnibus bill. Instead, what budget practices and protect the balanced We have been fair to producers. This pack- was decided was to spend more money on budget. age gives the secretary broad flexibility to re- everything. The President is the checkout Mr. SMITH of Oregon. Mr. Speaker, I rise in spond to all manner of crop disasters, ongoing clerk and we are buying our way out of town. support of H.R. 4328, the omnibus appropria- disease problems, and livestock feed losses. The President clearly had the upper hand. He tions conference report. This will be our last This approach is necessary for a number of knew that it was the end of the session and chance to provide the temporary crop and reasons. First, since the growing season is not Congress must adjourn, so he demanded market loss assistance that our farmers need complete, there is an inability to fully define funding for his priorities that he could not pay so desperately at this time. It is also an oppor- the extent and nature of the disaster at this for within the budget agreement Congress was tunity to make much needed changes to tax time. Also, as a result of the intensity of the up against the wall, and the solution was to policy that will help producers remain competi- weather-related and economic distress, this spend more money on the President's prior- tive in the long term. will expedite the delivery of assistance to pro- ities and also spend more money on congres- As I am sure you know, farm country is suf- ducers. sional priorities. That is no way to govern. We fering this year. The conference agreement Giving the Secretary maximum flexibility will are setting a bad precedent and setting the contains the provisions H.R. 4618, the Agri- cut through red tape and allow assistance in stage for more increases in spending next culture Disaster and Market Loss Assistance a manner most beneficial to individual produc- year and the year after. Act of 1998, which is critically needed at this ers. Mr. Speaker, I don't deny that much of what time. Finally, the bill takes steps to help improve is in this bill is worthwhile. There is increased The upper Midwest is suffering as a result the long term safety net for farmers and spending for medical research; for education; of devastating multi-year disease problems in ranchers through improvements in our tax pol- for anti-drug efforts and to improve readiness their wheat crop. On top of that, their farmers icy. The bill expands deduction of health care in our armed forces. If these things are need- and ranchers have been severely injured by insurance premiums for self-employed individ- ed, the President and Congress should tell the flood and blizzard in recent seasons. uals. This provision, which increases the de- American people they are needed now and A dramatic drop in commodity prices for duction by one-third immediately, will help pro- that we are going to use part of the surplus to wheat, corn, livestock and other commodities ducers lower costs and thus remain competi- pay for them. We should reopen the budget have created tremendous economic pressure tive. agreement and set new spending caps. But in farm country. The package makes income averaging a that is not what we are doing. We are des- The price drops are a result of cir- permanent part of the tax code gives farmers ignating $20 billion of this new spending as cumstances beyond farmers and ranchers and ranchers another tool to smooth out in- emergency spending to get around the budget control. These circumstances include eco- come spikes that are a part of every farm fam- caps. Thank goodness the surplus is projected nomic dislocation such as the economic crisis ily's lives. to be at least $80 billion in 1999, because we in Asia and Russia and our own nation's uni- We have included 5-year net operating loss are spending $20 billion of it right here. lateral trade sanctions. carryback. This tool works in reverse to in- The President has not told the American Farmers also suffer from a failure of the come averaging: farm operators may people the full story on what he wants to do government to pursue trade opportunities ag- carryback a net loss in its operations to prior with the surplus, but Congress is also to gressively. The President refused to support yearsÐup to five years backÐwhen the oper- blame by delaying these eight bills until the passage of fast-track negotiating authority, a ation paid federal income taxes. Taxpayers end of the session and giving the President failure that will severely limit our ability to ad- may receive a tax refund using the net operat- the opportunity to set up the most expensive dress trade problems and expand markets ing loss carryback. exit toll in recent memory. throughout the world. We need to press ahead with this con- A better alternative to this omnibus bill President Clinton allowed the fiscal year end ference report as quickly as possible so that would be to pass a continuing resolution for without utilizing $150 million in Export En- we can deliver much-needed assistance to fiscal year 1999 that fund these programs at hancement Program funds necessary to pro- farmers and ranchers in dire need this year. the 1998 levels. We could pass emergency tect our markets from unfair foreign competi- Mr. STUMP. Mr. Speaker, on October 10, appropriations for the most pressing needs of tion. This is another lost opportunity to sell the House passed the Veterans Programs En- the farmers, other natural disasters and pos- U.S. commodities. hancement Act of 1998, H.R. 4110. Included sible Bosnia operations at less than half the And the President has done virtually nothing as part of title I of that legislation was a com- cost of the $20 billion in this bill. If more to resolve the ongoing trade disputes on prehensive resolution of a number of issues October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11657 concerning Persian Gulf veterans and the gov- Congress by declaring that a contrary act curred in the gulfÐother than a small number ernment's response to their health concerns. ``shall be treated as if never enacted, and shall of conditions such as leishmaniasisÐwe These provisions were derived from House- have no force or effect.'' The clear intent is to should leave it to the Secretary of Veterans passed legislation (H.R. 3980) and a bill re- avoid the effect of a later enactment. How- Affairs to evaluate the evidence and arrive at cently passed by the Senate (S. 2358). For ever, Congress is powerless to prohibit itself conclusions that are essentially unreviewable. the benefit of my colleagues, I am including a or a future Congress from changing its posi- My colleagues will note the political irony of detailed comparison of S. 2358 and the com- tion on a particular issue and proposing a dif- this position. promise we reached that was included in H.R. ferent authority or result. Even if one were to 4110 as amended a week ago Saturday. conclude that Congress presently has two po- The compromise agreed to by the authors The other body has not taken up this com- sitions on this issue, the later pronouncement of the amendments to H.R. 4110 as it passed promise because of a dispute between one of is logically and legally the position which must the Hose on October 10 takes a completely the cosponsors of S. 2358 and the chairman be given effect, at least until Congress sees fit different view that cannot be reconciled with and ranking minority member of the Senate to clarify the matter further by subsequent ac- the language in H.R. 4328. We believe that Committee on Veterans' Affairs. Instead of tion. Thus, the provision contained in this bill, the Congress has historically had, and should recognizing that the legislative process re- H.R. 4328, is the one which will ``have no continue to have, the preeminent role in decid- quires a willingness to compromise, this par- force or effect'' if Congress speaks in a con- ing which diseases or illnesses should qualify ticular Senator has insisted that the Commit- trary fashion on the same subject, and the for veterans' disability compensation. Thus, tees on Veterans' Affairs accept the text of S. President signs the statement into law on a the language in H.R. 4110 does not vest the 2358 without change. Failing to obtain assent later date. Secretary of Veterans Affairs with authority to to his demand, this Senator has held up Sen- Mr. Speaker, a casual reader might con- create new presumptions that illnesses are ate consideration of H.R. 4110. Further, he clude that the provisions contained in the bill service-connected and thus compensable. In- has persuaded the authors of the bill before before the House this evening are so similar stead, it calls on the Secretary to review the the House tonight, H.R. 4328, to include the to the provisions contained in H.R. 4110 that available scientific evidence and the conclu- language of S. 2358 in it. the two bills should be read together and har- sions of the National Academy of Sciences In an effort to avoid the inevitable passage monized. However, a more careful reading and then to recommend to Congress what ac- of legislation which supersedes the language should lead to the opposite conclusion. Fun- tion if any should be taken by the Congress to contained in this omnibus package, H.R. 4328 damentally, the provision in H.R. 4328 takes a authorize benefits. The laws authorizing dis- includes a provision which purports to ``repeal'' different view than the compromise in H.R. ability benefits for veterans contain dozens of inconsistent provisions of law, including the 4110 about the need for dispositive action on provisions of H.R. 4110, a bill still pending be- an issue of grave concern to the American examples of actions by Congress in which it fore the Senate. It is a creative but ultimately people and current and past members of the ``presumed'' that certain conditions must have futile action. It is a well-settled principle of Armed Forces of the United States. been incurred while in military service, so that statutory construction that a later-enacted law The view taken by the authors of the provi- the United States has a responsibility to com- supersedes and repeals by implication any in- sion contained in H.R. 4328, the bill we are pensate for those illnesses. That has always consistent provisions contained in existing law, now considering, is that Congress should have been the role of Congress. The language of even if those provisions were enacted only no role in deciding the future compensation H.R. 4110 preserves that role, and cannot be days earlier. Recognizing the dilemma which policy for veterans. Instead, the provision reconciled with the language before the House he has created by holding up action on H.R. seems to reflect the author's view that, despite today. By the fortune of good timing, the Con- 4110, the author of this provision attempts to the absence of any scientific evidence that ill- gress' role will be preserved if the President absolve the executive branch from its respon- nesses experienced by Persian Gulf veterans signs H.R. 4110 after he signs this legislation. sibility to carry out all laws enacted by the are linked to exposure known to have oc- I urge him to do just that. A COMPARISON OF S. 2358 AND THE HOUSE-SENATE COMPROMISE CONTAINED IN H.R. 4110

S. 2358 House-Senate Compromise Contained in H.R. 4110

1. Requires National Academy of Sciences (NAS) to review scientific evidence of association between exposures in Per- 1. Similar, but expanded to include review of evidence between service in the Persian Gulf and veterans’ illnesses. sian Gulf and veterans’ illnesses. 2. Extends authority for health care of Persian Gulf veterans through 2001 ...... 2. Same provision. 3. No comparable provision ...... 3. Authorizes VA health care for veterans of future conflicts. 4. Requires VA and DOD to plan the creation of a computerized information data base to monitor health and service 4. Asks NAS to advise whether it is feasible to monitor the effectiveness of VA treatment of PGW veterans and if it utilization by PGW veterans. is feasible, require VA to do so. 5. Requires VA and DOD to report whether scientific studies recommended by NAS will be carried out ...... 5. Similar provision. 6. Requires VA to inform veterans whether their exposure in the PGW created health risks and the services and bene- 6. Same provision. fits available to respond to those concerns. 7. Extends and improves VA program to evaluate the health status of spouses and children of PGW veterans ...... 7. Similar provision. 8. Asks NAS whether an independent entity should be established to evaluate and monitor government response to 8. Similar provision. post-deployment health concerns of members of the Armed Forces. 9. Following the submission of one of the reports by NAS described in item 1, authorizes the Secretary of VA to award 9. Not included. Instead, Secretary to make recommendations to Congress based on NAS report, and Congress to compensation for illnesses found by NAS to be associated with PGW exposures. then decide whether compensation should be authorized. 10. No comparable provision ...... 10. Establishes Public Advisory Committee to provide advice on government-funded research into PGW veteran health concerns. 11. No comparable provision ...... 11. Requires NAS to develop a curriculum for training physicians and other health care professionals in treatment of illnesses of PGW veterans. 12. Asks NAS to review whether there are proven methods of treatment for illnesses which affect PGW veterans...... 12. Same provision. 13. Requires outreach to PGW vets on health-related information ...... 13. Similar provision.

NOTE.—OMB informally estimates that S. 2358 costs $500 million over five years and $6 billion over ten years in new entitlement spending. CBO’s estimate is more modest ($40 million over five years and $540 million over ten years). The compromise embodied in H.R. 4110 has no new entitlement spending.

Mr. PACKARD. Mr. Speaker, I want to ac- funds will help answer the emerging threat Congress' intent and understanding regarding knowledge the efforts of my Republican col- posed to the United States by the develop- section IX of the Labor, Health and Human leagues in insisting that we devote more re- ment and deployment of missiles around the Services, and Education provisions which may sources toward our nation's defense. I am world. be cited as the ``Women's Health and Cancer pleased that the omnibus appropriations Mr. Speaker, the Chairman of the Joint Rights Act of 1998.'' measure includes critically needed funds for Chiefs of Staff recently stated to Congress our service men and women. that ``Without relief, we will see a continuation Title IX of this legislation contains the A Republican Congress is offering much of our downward trend in readiness next year ``Women's Health and Cancer Rights Act of needed relief for our men and women in uni- and an extensions of the problems that had 1998.'' This legislation, which requires cov- form who protect and serve our nation in the become apparent in the second half of this fis- erage for reconstructive surgery following Armed Services. The omnibus appropriations cal year.'' mastectomies, creates two new Sections in bill has more than $9 billion worth of emer- Mr. Speaker, we must address the deterio- the Public Health Service ActÐsection 2706 gency spending for crucial defense and intel- ration of our military readiness. The provisions which applies the requirement to health insur- ligence needs. our Republican leadership insisted on in budg- ance issuers providing insurance coverage in Included in the $9 billion of the omnibus ap- et negotiations are an important first step. connection with group health plans; and sec- propriations Bill is $1 billion for the develop- Mr. BILIRAKIS. Mr. Speaker, I would like to tion 2752 which applies the same requirement ment of a missile defense system. These provide additional background information on to health insurance coverage offered by a H11658 CONGRESSIONAL RECORD — HOUSE October 20, 1998 health insurance issuer in the individual mar- Finally, I would like to thank members from amount originally set by the House Appropria- ket. both sides of the aisle who have worked tire- tions Committee. Head Start, another success- Section 2706 requires a health insurance in- lessly on this subject, especially Congressmen ful program, has received $160 million more surer providing health insurance coverage in RAHALL, ADERHOLT, COBURN, PAPPAS, SAND- under the final version of this bill, in relation to connection with a group health plan, that pro- ERS, STABENOW, and WEYGAND. If not for their the version authored by the majority. Two vides medical and surgical benefits with re- hard work and perseverance, we would not other important programs, GEAR-UP and spect to a mastectomy to include in their even have this bill before us today. American Reads, which were nullified by the scope of coverage: (1) all stages of recon- I do feel that our work is not yet finished for original version of the Labor-HHS bill, have struction of the breast on which the mastec- home health. There are many areas still in been vindicated to the tune of a combined tomy has been performed; (2) surgery and re- need of improvement, but this bill clearly takes $1.46 billion. I am also happy to see the en- construction of the breast to produce a sym- us in the right direction. actment of $524 million Hispanic Education metrical appearance; and (3) prostheses and Ms. JACKSON-LEE of Texas. Mr. Speaker, Action Plan, which aims to decrease the high- physical complication of mastectomy, including I would like to take this opportunity to speak school dropout rate amongst the Hispanic lymphedemas, in a manner determined under on behalf of this bill, which sets the funding for population, which is far too high. I am glad to the terms of the plan or health insurance cov- almost half of the federal government pro- see these amounts, because I know that this erage in consultation with the attending physi- grams and institutions for the next fiscal year. investment in our future, will pay high divi- cian and patient. For myself and my Democratic colleagues, dends. Section 2752 requires a health insurance in- this is a bittersweet day. While I applaud the I would also like to comment on the fact that surer in the individual market that provides efforts my colleagues here in the House and we were not able to get the much-needed medical and surgical benefits with respect to a in the Senate put forth to get this deal done, funds that would have been used for school mastectomy to include in their scope of cov- the bill leaves a lot to be desired. Many pro- modernization projects. Across the country, erage: (1) all stages of reconstruction of the grams that my constituents have grown to rely too many schools are beginning to show their breast on which the mastectomy has been on have been unmercifully cut, and others, age. They have leaky roofs and creaky . performed; (2) surgery and reconstruction of unceremoniously dumped. At the same time, Other schools have grown too quickly, and the breast to produce a symmetrical appear- many important Democratic initiatives, like the now must conduct class in rooms that are not ance; and (3) prostheses and physical com- Patients Bill of Rights and campaign finance really classroomsÐthey are ``portables,'' or plications of mastectomy, including reform, were put off for another year. even worse, multi-purpose rooms partitioned lymphedemas, in a manner determined under Having said that, I applaud the efforts of the into pseudo-classrooms. In my district, there the terms of the plan or health insurance cov- President and the Democratic Caucus to put are schools that carry rotating lunch schedules erage in consultation with the attending physi- 100,000 new teachers in our classrooms. Al- simply because they do not have the space to cian and patient. though this bill only presents a first step to- let all of the children eat at lunchtime. I hope Additionally, since the act is effective with wards that goal, as it only provides for two that next year, we can help remedy this di- respect to plan years beginning on or after the new teachers for each school districtÐit is a rectly, and return our national school system date of enactment, it is expected that the De- much-needed first step that must be followed to the pinnacle of excellence that it has en- partments administering the act shall follow up with funding by Congress over the next joyed in the past. procedures under which no enforcement ac- couple of years so we can realize the benefits I am thankful that we here in the House and tion will be taken with respect to a violation of of this initiative. the administration could come to terms on the a requirement imposed by the act on a plan or Teachers are a much-needed resource, one International Monetary Fund (IMF). Under this health insurance issuer before the date of that we ought to rely upon to help us grow budget, we will be able to help stabilize the issuance of final regulations, if the plan or productive new citizens. We cannot expect to global economy that we are truly a part of. health insurance insurers has sought to com- grow as a society without good teachers to Just yesterday, we passed a House resolution ply with the act in good faith. prepare our next generation for their difficult that expressed our concerns about what our It is also the congressional intent that the road ahead. I hope that these funds can be neighbors and trading partners have been agencies involved in issuing regulations will used to recruit new teachers that are skilled in doing to help them stay afloat during these follow the same procedures under HIPPA as the areas of math, science, and engineeringÐ turbulent times. That resolution was neces- found in section 104 of the act. where we need the most help. Furthermore, I sitated, not because of their plight, but be- Mr. HILLEARY. Mr. Speaker, I would like to hope that the new teachers that we are able cause of the effects here at home. If we need announce my strong support for the Home to bring aboard are ready to help prepare our another reminder, we only need to look at the Health provisions contained in H.R. 4328, the children for the information age, and teach stock market in the last few months, where we Medicare Home Health Care and Veteran them the basic computer skills that all of our have seen a virtual roller-coaster ride develop Health Care Improvement Act. children need to progress in the future. in response to pronouncements made by our First, I would like to extend thanks to Chair- I am also happy to that the final budget con- partners abroad. I hope that these funds will men THOMAS, BLILEY, ARCHER, and BILIRAKIS tains $871 million in funding for the Summer help start the healing that needs to happen to and their staffs for their hard work and count- Jobs Program. That program provides valu- get ourselves and our allies back on the right less hours spent crafting this legislation. able employment services for over half a mil- track. Second, I would like to say how pleased I lion disadvantaged youth, 41,000 of whom live I would also like to note that this final budg- am to see that the 15 percent home health re- in the State of Texas, and 5,000 of whom are et fully funds President Clinton's Child Labor duction scheduled for October 1, 1999, has from my home town of Houston. In fact, this Initiative. This initiative includes a tenfold in- been moved back a year. program provides over 20% of all the jobs that crease, from $3 million to $30 million, in our When I wrote my bill, H.r. 4404, the HERO African-American youth aged 16 or 17 hold commitment to the International Program for Act, I also made sure to address this problem. nationwide. It also provides a slightly lower the Elimination of Child Labor (IPEC) and in- I know that without the delay of this draconian percentage (13%) of all the jobs held by His- cludes a provision that works to make sure provision, the entire industry would likely go panic children in that same age group. How- that our migrant youth are not taken advan- bankrupt. This delay now can give HCFA the ever, I want to emphasize that Summer Jobs tage of by unscrupulous employers. I gladly necessary time to install an efficient prospec- is a program that serves all of our youth, and endorse both of these plans, because the at- tive payment system. I am happy to see that it is funded appro- tempt to make sure that all children have the Also, I would like to commend Chairman priately. opportunity to be children, and are not forced THOMAS on his willingness to stick to his guns As the founder and Chair of the Congres- to grow up before their time. on this issue and help the low cost states sional Childrens Caucus, I am also happy to I am grateful that we were able to put to- while at the same time not harming high cost report that this bill contains funding for other gether a $6 billion emergency spending pack- states like mine. His per beneficiary formula important programs aimed at helping our age of farmers. In my home State of Texas, does a commendable job in balancing the vast youth. Representative PORTER and I worked we have suffered a long and arduous drought differences in the cost structures of different together to find an additional $5 million in that threatens the livelihoods of many farmers regions. funding to raise the amount for the Children's that have sown their fields for generations. At the same time H.R. 4328 gives all re- Mental Health Services Program from $73± This bill may not make them whole again, only gions a slight boost in the per visit formula. $78 million. Goals 2000, which does tremen- the good graces of God and a wet winter can This is especially important to those who rep- dous work in my district, is set to receive $491 do that, but I think it will help them ride out resent rural areas like myself. million under this bill, up $245 million from the this terrible weather. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11659 Another program that has helped Texans ever, I want to make clear that this is a unique items. Yet I cannot defend violating our budget ride out the horrible weather is the Low-In- situation. I do not intend to permit consider- agreements of last year and raiding the sur- come Housing and Energy Assistance Pro- ation of tax proposals in this way in the future. plus to pay for last minute political handouts or gram (LIHEAP), which is funded at $1.1 billion While the outcome was necessary for the pork programs. We made a commitment to under this bill. That program truly proved its Congress to conclude its business, the proc- our seniors to dedicate the budget surplus to worth this summer in Harris County, Texas, ess was clearly lacking. If nothing else, this preserve the Social Security trust fund. This when it provided $2.9 million for the purchase experience has confirmed my longstanding be- bill breaks that commitment. of air conditioners and fans for families des- lief that the proper method of dealing with tax Mr. BENTSEN. Mr. Speaker, I rise in oppo- perately needing relief from the unrelenting and appropriations matters is in separate leg- sition to the rule, H. Res. 605, for consider- heat. That summer heat claimed the lives of islation originating from the respective commit- ation of the omnibus appropriations bill for fis- several people in the State of Texas this year, tees of jurisdiction, following regular order. I'm cal year 1999. About a year ago, Congress and who knows how many more it would have confident that all involved with this legislation passed a new law to balance the Federal claimed without LIHEAP. Needless to say, I intend to return to that in the future. budget for the first time in 30 years. Combined am very grateful that LIHEAP will be here for With respect to Medicare, the Omnibus bill with earlier deficit reduction efforts and a another year as a result of this bill. contains the provisions of H.R. 4567, the strong economy, the Balanced Budget Act of Also of note, as a result of the bargain Medicare Home Health Care Interim Payment 1997 yielded the first budget surplus in 30 struck by the administration, we will continue System Refinement Act of 1998, along with a years. Unfortunately, that progress may well to make progress towards an improved cen- revenue offset. be stopped cold by the passage of a highway sus until June of next year. Under the budget, This legislation is necessary to deal with the bill and now the omnibus appropriations bill for the Bureau of the Census is allowed to con- situation created by the administration's failure fiscal year 1999 and, in particular, the emer- tinue their important work through June 15 of to implement the Medicare home health care gency supplemental appropriations portion of next year. I am relieved to know that during prospective payment system on time. As a re- the bill. Both are similar in that they are load- ed with pork-barrel spending projects and that time, the Bureau will be able to work sult, the Health Care Financing Administration rushed to passage by the House leadership using the same modern methods that are is operating under an interim payment system bereft of other accomplishments and eager to used throughout academic and private sec- for longer than was intended. The current sys- tem is simply unsatisfactory and causing real adjourn for the year. torsÐand I look forward to fighting for the use I want to note that even though our econ- hardship for our nation's seniors and in the of sampling next session, when we engage in omy is fundamentally sound and there is a home health industry. Due to the time sen- the debate over the use of modern science $70 billion budget surplus, we are still running sitive nature of the home health problem, I did again. I look even more forward to a time a $5.5 trillion debt that forces us to pay nearly not object to its inclusion in the omnibus bill. when I can go home to my district and tell $250 billion per year in interest. We should be Let me compliment Ways and Means Health each of my constituents that we, here in Con- using most, if not all, of the surplus to pay Subcommittee Chairman BILL THOMAS for his gress, pay as much attention to them as we down that debt. It is shameful that in a year tireless efforts to reach a solution to a most do any other person, no matter where they in which Congress has failed to address many difficult situation that is both fair and equitable. live or no matter how much they make. critical issues, including, until now, the world I also thank our colleagues on the Commerce Mr. ARCHER. Mr. Speaker, the conference financial crisis, financial modernization here at and Senate Finance Committees for bringing report on H.R. 4328, the Omnibus Consoli- home, and protection for patients in managed about this solution. The home health legisla- dated and Emergency Supplemental Appro- care plans, the only significant legislation that tion enjoys bipartisan support in the Congress, priations Act, includes a number of revenue will pass represents a return to the fiscally ir- and has been agreed to by the administration, and Medicare provisions contained in other responsible practices that for so long under- legislation considered by the Committee on and should become law. mined our economy and public confidence in Ms. DEGETTE. Mr. Speaker, today, I rise in Ways and Means and recently passed by the government. House. opposition to H.R. 4328, the Omnibus Appro- I support the general appropriations portions Specifically, it includes items from H.R. priations Act for fiscal year 1999. While there of this bill. Increasing spending on the Na- 4738, a bill to extend certain expiring provi- are a number of laudable items in this product, tional Institutes of Health, education, Head sions and provide tax relief for farmers and I am very concerned that we are cutting $20.8 Start, college loans and grants, as well as the small businesses, as well as H.R. 4567, the billion or nearly one-third of our budget surplus long-overdue recapitalization of the IMF, are Medicare Home Health Care Interim Payment to pay for it. The budget surplus should be commendable and indeed critical to our eco- System Refinement Act. dedicated to preserving the Social Security nomic health and are offset within the limits of The tax plan included in the bill does three trust fund, not padding the Pentagon with $9 the Balanced Budget Act of 1997. But, the principal things. it extends a series of tax relief billion in extraneous spending that it did not abuse of the emergency spending process provisions to help businesses create jobs, it request. A throughtful budget process would and the amount of pork barrel spending are helps people coming off welfare as well as have allowed us to fund these programs within deplorable. No hard choices were made in this other hard-to-place workers to get jobs, and it our spending caps. budget. The only thing we did was say no to includes three emergency provisions to help Despite the egregious process and irrespon- an outrageous tax cut, which would have farmers and ranchers who have been hit by sible budgeting that went into this bill, there mortgaged our economic future. tough times so those farmers and ranchers are a number of important programs funded in I support the concept and use of emergency can keep their jobs. it. My district will receive much needed trans- spending outside the spending caps, but only This plan gives farmers and other small portation dollars to fund the continued im- for true emergencies. There can be little ques- business owners a 100 percent deduction for provements of the Mousetrap and Broadway tion in this instance that the emergency sup- their health insurance costs in 2003Ð4 years Viaduct as well as money to build an annex to plemental appropriations process was abused earlier than under current lawÐand increases the Denver federal courthouse. It will receive and loaded with billions of dollars of spending the deduction to 60 percent in 1999 through money for important medical research at both which do not meet the true test of an ``emer- 2001, and to 70 percent in 2002. the Colorado Health Sciences Center and Na- gency.'' Yes, there are legitimate emer- I'm particularly pleased about three provi- tional Jewish Medical Research Center. I am gencies, including agriculture relief and de- sions dealing directly with the farm emer- also encouraged to see the Congress making fense readiness. Embassy safety is an emer- gency. One provision lets farmers benefit from an important downpayment to hire 100,000 gency. Natural disasters are emergencies. permanent income averaging. Another extends new teachers in our nation's secondary and But pure pork barrel spending is not an the net operating loss carryback period for elementary schools. I am, however, dis- emergency. Our troops in Bosnia must be farmer losses, providing immediate help this appointed that the bill failed to include what I funded, but after 3 years, it is getting on a little year when it is needed the most. The third believe is an even more important effort in long for annual operations in Bosnia to be item protects farmers from having to pay tax educationÐmodernizing our schools. I am considered an emergency. New cargo planes on farm program payments until the year in pleased that the looming Y2K crisis is finally or a carrier helicopter the Pentagon did not which those payments are actually received. being addressed by the Congress in this bill ask for is not an emergency. One billion more Due to the importance of this non-controver- and after initially being cut by the Republicans, for the strategic defense initiative (SDI), al- sial package, the time sensitive nature of that the Low Income Housing Energy Assist- ready funded in fiscal year 1999 Defense bill, these proposals, and the unlikely prospect for ance Program (LIHEAP) was fully funded. is not an emergency. Categorizing any spend- separate action in the other body, I did not ob- But it is no surprise that in a 4,000 page, ing as `emergency' spending permits the Con- ject to its inclusion in the omnibus bill. How- forty pound bill that there are some good gress to escape from making hard choices: do H11660 CONGRESSIONAL RECORD — HOUSE October 20, 1998 we want to invest in health care or provide tax million increase in Head Start that the Presi- Instead of working with patient groups and relief? Do we want more teachers in our class- dent requested. School-to-Work programs are HHS to design a better system, UNOS rooms or more money for roads? The Con- increased by $25 million, and the Summer launched what HHS Secretary Donna Shalala gress will never have to make those choices, Youth Employment program, which introduces called ``a misleading lobbying campaign,'' which is to say, we will never have to govern. many young people to the world of work, is which they financed using the money sick pa- While the underlying annual appropriations funded at $871 millionÐlast year's levelÐde- tients pay to be on the organ transplant wait- bills are generally good and contain offsets to spite Republican efforts to eliminate it. Finally, ing list. I regret that their campaign was suc- meet the spending caps, the process by which the bill increases the size of the maximum an- cessful. This omnibus appropriations bill in- we are considering this bill may well set a nual Pell Grant, which helps to make higher cludes a legislative rider blocking HHS from dangerous precedent for using emergency education more affordable for all Americans. implementing the new regulationsÐin blatant spending as a vehicle to circumvent the budg- The Low Income Home Energy Assistance disregard of the public good and blocking a et caps. We may soon regret this. Thus I must Program (LIHEAP), which provides much- regulation which would have saved hundreds oppose this rule. A better way would be to needed help to low-income households in pay- of lives. I strongly oppose this decision, and I vote separately on the emergency supple- ing their utility bills, will receive $1.1 billion, the will work to correct this mistake early next mental appropriations bill containing the emer- same level as last yearÐdespite Republican year. gency spending. efforts to eliminate this important program. I also have concerns about another health Also in this bill, the National Institutes of I hope that my colleagues on the other side care issue. While Congress has included Health, which fund life-saving medical re- of the aisle have learned a lesson. When you changes in the interim payment system (IPS) search, by nearly $2 billion in 1998. govern, you can't forfeit the business of gov- for home health care in this bill, it has failed ernment to the right wing. The Democrats gov- The bill includes $1.4 billion for community policing and $283 million for implementation of to solve the serious problems with the IPS. erned from 1974 to 1994 without once failing This April, I joined several of my colleagues in to pass a budget resolution and allowing the the Violence Against Women Act, as well as an increase of $111 million for anti-drug pro- introducing a bipartisan bill which would have budget process to be hijacked by a committee corrected this formula. The bill, which has over other than the Budget and Appropriations grams. This legislation also reauthorizes the three 100 cosponsors, would have raised payments Committee. Maybe the majority does not care Trade Adjustment Assistance programs by an average of $1,000 per patient for home if government fails. But the American people through June 30, 1999. I have been a consist- health agencies in my districtÐpreserving ac- don't want government to fail and that is why, ent and long-standing supporter of these im- cess and quality of care for the Medicare re- in the future, we should act more responsibly portant programs. cipients who depend on the program's home during the budget process. In addition, the bill will accelerate the sched- health care services. The relief provided to ef- Mr. COYNE. Mr. Speaker, I rise today in ule for making health insurance premiums for ficient home care agencies in this appropria- support of this ``must-pass'' legislation. This self-employed individuals 100 percent deduct- tions bill amounts to significantly less than bill provides critically needed funding for ible. Under this bill, 60 percent of such ex- that. Negotiators also failed to make the relief health care, education, medical research, law penses will be deductible for 1999 through retroactive, something I supported in our bill enforcement, transportation, and other top pri- 2001, 70 percent will be deductible in 2002, and again in the Ways and Means Committee. orities. and 100 percent will be deductible in 2003 Democrats wanted to do more for home As is inevitable with any bill that is several and thereafter. Under current law, these ex- health care and the seniors who depend on it. thousand pages long, this legislation is not penses would not have been deductible until During the final negotiations on this bill, the perfect. I regret that the Republican congres- the year 2007. administration and Congressional Democrats sional leadership so mishandled the budget I am, however, concerned that certain provi- proposed offsets for a more comprehensive and appropriations process this year that such sions were included in this legislation. relief package for home care. Their proposal a massive bill was necessary. I would merely This Congress has failed the 55,000 criti- was rejected by Republican leaders. note that this is the first year since the Budget cally ill patients waiting for organ transplants. While I am disappointed that we were not Act was passed in 1974 that Congress has Because of a legislative rider attached to this failed to pass a budget resolution. I think that able to do more, this package does provide bill in violation of House rules, many of those some relief for efficient home health care that is a very sad commentary indeed on the people will have to wait longer for transplants. leadershipÐor lack thereofÐin the House and agencies. Even more important, it delays an They will not have the security of knowing that upcoming 15-percent across-the-board cut, a Senate this year. UNOS, the independent contractor we pay to This is not the first year, of course, in which cut many home care agencies in Pennsylvania run the transplant system, is being held to any told me they could not survive. I believe that an omnibus bill has been passed. It has often performance standards. Reliable estimates in- been the case that the most contentious the package included in this bill is less than dicate that during the year of delay caused by we could have done and less than we should spending issues cannot be resolved until the this rider, over 200 people who could have do. But I will support it because I believe it is end of a session, and that the only way that been saved will die waiting for transplants. the best that can be enacted at this time. I a resolution can be achieved is through a In the current system, patients wait an aver- massive bill in which parties compromise and age of 2 years in some parts of the country plan to continue working to fix the IPS in the trade off concessions in one account for gains and 2 months in others. Wealthy patients, who 106th Congress. in another. That is, after all, one of the defin- can afford to travel to multiple centers to get In conclusion, let me just reiterate that no ing characteristics of a democratic form of on their waiting lists, are more likely to get one will be completely satisfied with this bill. government. In such cases, legislators must transplants than poor patients. In addition, mi- But, on the whole, I believe that this is the look at the bill in its totality and determine nority patients, who often require a larger best compromise that can be achieved at this whether, on the whole, it merits their support. donor pool to get a match, are seriously dis- time, and I intend to support when the House In this case, I have decided that the many advantaged by a locally-based system. votes on it in a few minutes. positive aspects of the bill outweigh its nega- Transplant patients deserve better. They de- Mr. MORAN of Virginia. Mr. Speaker, I rise tives. I will support it when the House votes on serve a system in which every patient has a in support of the conference agreement. Mr. it today, and then, next year, I will work to fair chance to receive a life-saving organ Speaker, this is not a perfect bill, but it has change any provisions with which I do not transplant. some very important provisions. I applaud the agree. That, too, is a hallmark of the demo- After years of study in which input was so- $1.2 billion downpayment for hiring 100,000 cratic form of government. licited from patients, medical experts, and the new teachers. This bill begins the task of re- I am pleased by many of the provisions con- transplant community, the Department of ducing class size in the early grades to a na- tained in the bill. Health and Human Services (HHS) issued tional average of 18. This provision will help A number of important funding increases regulations requiring UNOS to equalize waiting ensure that students receive more individual are included for federal education programs. times by region and meet other basic perform- attention, build a solid foundation in the ba- The bill includes $1.2 billion to begin carrying ance standards. Their decision was supported sics, and help maintain an orderly learning en- out the President's plan of hiring 100,000 by the largest transplant patient association. It vironment in the classroom. This initiative is more teachers across the country. By hiring was also endorsed by many respected, impar- especially important because the children of these teachers, we can reduce class sizes in tial observers, including the editorial boards of the baby boom generation are creating a de- first through third grades, where studies have the New York Times, the Washington Post, mographic echo in the classroom. We need shown that class size has a dramatic impact the Pittsburgh Post-Gazette, and most other new teachers to relieve the crowding and pro- on learning. The bill also includes the $313 major newspapers. vide the attention each student needs. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11661 I regret that the President's school mod- only 435 of us who run this place and in these Start and After-School Learning Programs; in- ernization proposal is not in the bill. This initia- large bills, the extraordinary volume of mate- creased investment for the EPA to achieve a tive could have leveraged $22 billion in bonds rial and the highly compressed time schedules cleaner environment; much needed emer- to build and renovate schools, which is sorely means staff plays far too great a role. There gency assistance to farmers; funds for the needed all over this country. may be a few people who understand fully International Monetary Fund (IMF); and $475 However, there are many other important what is in this massive bill, but I doubt that million in U.S. debt payments to the United education programs funded in this bill, includ- among them are many Representatives elect- Nations, unfortunately with strings attached. ing child literacy, after-school programs, col- ed by the people. This bill has provisions which move people lege mentoring for middle school children, Most importantly, this huge spending and from welfare to work and empowers commu- funds for education technology and teacher re- legislative package is the result of tolerance of nities, advances a strong health and tech- cruitment, Head Start, and charter schools. a failed budgetary process. Not only was there nology research agenda and improves the Many of the most onerous provisions that no budget resolution adopted by the Congress public health of Minnesota and America. De- had been in the individual appropriations bills this year, we were once again delayed by spite these accomplishments, much work re- have been deleted, including the many, but months by the budget process in starting ap- mains. In this bill, the GOP majority has dem- not all, of the anti-environmental protection rid- propriations mark-ups. The Budget Committee onstrated an overall record of failure and ers in the Interior bill. But the bill provides criti- should either be abolished or, at least, should missed opportunities. This process has not ac- cal funding for clean water, protecting endan- be made to do their work on time. Appropri- corded debate or public awareness of our de- gered species, and fighting global warming. ators, next year, should proceed to mark-up cisions and the impact of this action. The omnibus bill includes major increases in on April 16 whether we have a budget resolu- I am pleased to see that this omnibus bill al- health and science research, with a 7-percent tion or not. Perhaps the threat of our proceed- leviates some of the problems within the origi- nal Labor-HHS-Education Appropriations bill. increase for the National Science Foundation, ing will move the budgeteers to work more dili- The Republican majority had proposed elimi- and a 14-percent increase in funding for the gently. National Institute of Health to support greater Having said all that, Mr. Speaker, I still sup- nating important programs which would have shortchanged the most needy and most vul- research on diabetes, cancer, and the devel- port the bill. First because defeating it would nerable of our Nation's citizens. This version opment of an AIDS vaccine. The bill's in- not make it better and second, as in many assists millions of America's families with the creased funding for the Centers for Disease human endeavors, this bill contains many reallocation of funding for LIHEAP, provides Control will help us fight infectious disease, good provisions. money for crucial education programs and re- We have provided over a $2 billion increase and improve prevention of leading killers like instates funding for the summer youth jobs for biomedical researchÐthe first stop toward heart disease and diabetes. program. Other important provisions include: a 10-fold doubling NIH in 5 years. This level will accel- Our public schools face enormous chal- increase in this country's commitment to fight erate the truly breathtaking advances in treat- lenges in the next several years, including abusive child labor by increasing the U.S. con- ments and cures for diseases that plague hu- record high numbers of students, increasing tribution to the International Programme for mankind. Let me pause here to stress some- proportions of students with disabilities, billions the Elimination of Child Labor; funding for thing about which I feel most strongly: Funding of dollars in unmet infrastructure needs and 17,000 additional Community Oriented Police NIH is not an act that benefits one segment of the challenge of making education technology Services (COPS) police officers; and $79 mil- societyÐnot an economic group, not a racial available to all students. While there is still lion to expand food safety. group, not a group of institutions. Disease, it much work to be done, this omnibus bill pro- Finally, I am very pleased that funding was is said, knows no racial, no economic, no geo- vides funding for critical programs in this fiscal provided for the International Monetary Fund. graphic boundaries. Successful treatments year which will allow school districts to ad- This funding is essential to avoid letting the and cures of diseases that have been the dress these challenges. Most importantly, the Asian financial crisis create a major recession scourge of humanity for centuries benefits us measure provides funds to reduce average here in the United States. all. class size and the first wave of 100,000 new The bill has some flaws, but I think we got The bill increases funding for other impor- teachers, a major step in our work to increase a good agreement, and I urge my colleagues tant programs such as Job Corps, Community student achievement and improve classroom to support it. Health Centers, CDC, drug treatment, youth discipline in grades first, second, and third. Mr. PORTER. Mr. Speaker, I rise, albeit re- violence prevention, impact aid, special edu- These years are critical when basic skills such luctantly, to support H.R. 4328, the Omnibus cation, and higher education. as reading are attained which we take with us Consolidated and Emergency Supplemental Reforms that are important to many mem- for the rest of our lives. Appropriations Act, 1999. bers are in the conference report. These in- I also support this measure's funding for the I use the term reluctantly advisedly, since clude: Expanded Hyde language; a ban on Low-Income Housing Energy Assistance pro- this bill contains many flaws. I will leave to Federal funding for needle exchange pro- gram, or LIHEAP. In the wake of tornadoes, others, at another time and in another place to grams; the ergonomics study included in the floods, hurricanes, and other natural disasters, judge the strategy that has brought us to this House reported bill; an additional 1 year mora- the Republican leadership had seized upon an legislative and budgetary circumstance. For torium on regulations relating to organ pro- opportunity to create a battle between under- myself, I will only say that the bill raises pro- curements; a requirement that title X clinics re- served populations. The original Labor-HHS- found concerns. port cases of rape or incest; and a ban on the Education bill justified taking money out of This bill contains within it the Labor-HHS administration's voluntary national test, includ- LIHEAP to pay for an increase in our Nation's billÐa bill that was considered by neither ing pilot testing. medical research program. While I understand house of Congress. Surely, this failure is re- As I indicated at the outset, this is a flawed the importance of advancements in medical pugnant to the values of representative gov- document. However, given the circumstances research, robbing Peter to pay Paul would not ernment imbedded in our Constitution, and in which we found ourselves as negotiators, it have alleviated the long-term health, nutrition, should never be allowed to happen again; is the best we could do. I support it and urge and safety problems caused by placing low-in- The bill is expensiveÐvery expensive, and my colleagues to do likewise. come individuals in between a rock and a hard make no mistake, its out-year impact on the Mr. VENTO. Mr. Speaker, I rise in bitter- place, forcing them to decide whether to heat, budget will be profound; sweet support of this colossal final budget eat, or go without health care. Fortunately, this This bill contains numerous authorizations, package. This omnibus appropriations meas- Omnibus Appropriations bill reflects a more re- including major tax legislation and significant ure funds a total of $486.7 billion for fiscal sponsible congressional commitment toward changes to social and other programs. Some year 1999. This represents the largest single the struggles of low-income individuals tem- of these provisions are fully conferenced, legislative measure in recent history, compiling pered by a strong democratic administration some passed only one house and some have almost 8,000 pages of text and incorporating backed up by the Democrats in Congress. It is never seen the light of day in either house. eight regular appropriations bills. over the past my hope that we can strengthen this commit- Again, a massive breach of our legislative re- 2 weeks of budget negotiations that resulted ment in the 106th Congress by funding sponsibilities; from Democrats' insistence and pressure, this LIHEAP in a manner that reflects the changing While we have increased funding for edu- bill is a success in achieving some victories economy and adjustments for inflation. I urge cation, inevitably we also have increased the for the American people. These victories in- my colleagues to continue to express their Federal role, a very troubling turn of events; clude the down payment in 1999 for a 100,000 commitment to a more preventive approach to Staff is important, and we could not operate teacher initiative that will reduce class size; in- meeting the needs of underserved popu- without them. However, in the end there are creased funding for such programs as Head lations. While this measure provides smaller H11662 CONGRESSIONAL RECORD — HOUSE October 20, 1998 classroom size numbers, it does not provide Superfund cleanups. While I strongly sup- Ms. HOOLEY of Oregon. Mr. Speaker, the decent classrooms that are the focal point ported this initiative, the GOP simply refused when I watched the 104th CongressÐthe par- of learning. Our commitment should match the these funds, threatening to delay cleanup at tisanship and the petty gamesÐI was needs and our rhetoric about the importance up to 171 sites in Minnesota and across the sickened. of education. country. This is simply wrong. We must cor- I was frustrated by the willingness of a Con- This agreement allocates an additional $15 rect this as we move into the future. gress to shut down the entire Federal Govern- million for the Community Development Finan- In addition to the eight appropriations bills ment for political gain; and I was frustrated by cial Institutions Fund, bringing it closer to the incorporated into this omnibus package, H.R. the proliferation of environmental riders that President's request, but only to $95 million. 4328 also provides an additional $20.8 billion were attached to spending bills; and I was This increase will help the Fund serve more in supplemental funds. It is no surprise that frustrated by the attacks of that Congress on CDFI's and banks in communities around the the largest category of supplemental funds is public education. country. Other positive funds for housing and for the Pentagon. While I support additional Mr. Speaker, we started this Congress on a community development includes $10 million funds for Bosnia peace operations and military different note. I am proud of the bipartisan bal- in additional funds for HOPWA (Housing for readiness, the GOP's insistence on increasing anced budget that we passed last year, and I Persons with AIDS) and $45 million additional defense spending by $6.8 billion are on top of had hoped that we could do that again this funds for new empowerment zones and enter- the $271 billion already appropriated earlier year. prise communities. this year which was filled with projects of However, I am deeply disappointed by the Furthermore, this conference agreement will questionable value. This seems to be impor- process that has been provided for the consid- provide for a 6-month extension of Chapter 12 tant due to the fact of the district and State in eration of this bill. We will vote shortly on a bill of the Bankruptcy Code for family farmers. As which they were built. to fund over half of the Federal Government. this Chapter expired at the end of September, Importantly for Minnesota, this agreement It combines 8 funding bills into 1, and is over its extension is crucial for our farmers who are includes my legislation that designates a U.S. 4,000 pages long. struggling in a difficult world economy. Post Office in my district of downtown St. Paul And it is a bill that few people, if anyone, I am also very supportive of the inclusion to the ``Eugene J. McCarthy Post Office Build- has read entirely. In fact, most Members have provide close to the President's request of $18 ing.'' This bill passed the House in February of been granted only a brief glimpse at the text billion in funding authority that will finally rec- this year. I am proud that this historic Min- and have gained most of their information sec- ognize our obligations and responsibilities to nesotan will receive the honor and respect he ond hand. replenish the International Monetary Fund has earned for his years of service to Min- And we're at this point because this Con- (IMF). This credit is vital to serve and replen- nesota and our Nation. In addition, an impor- gress failed to draft a budget document and to ish the IMF funding base which has been se- tant provision was included for intermodal pass the customary 13 appropriations bills. verely depleted the financial crises in Mexico, transportation improvements for the Minnesota But while the process has been fundamen- Asia, Russia, and now spreading to South Science Museum located in St. Paul. This will tally flawed, I will support the passage of this American countries. I and other members of facilitate the utilization of resources that Con- bill today. the House Banking Committee fought for sev- gress has previously authorized. To my constituents, it is critical that we eral reforms which were incorporated into the Overall, this massive Appropriations agree- maintain the operations of the Federal Gov- bill which include: the disclosure of IMF deci- ment is a victory for the American people. This ernment; * * * that we keep channeling the sion documents, encouraging the involvement is pragmatically based upon the make up of money to our schools, to our farmers, to of the private sector creditors in troubled coun- this Congress. I would like this bill without the health care research, and to building transpor- tries and improving the input the IMF receives add-on changes. However, getting this bill tation systems. from the international community. Clearly, in passed held up Congress at a price. We have And there are some positive aspects to this the future this Congress and others will be ex- often ducked the serious long-term problems bill: amining the global financial and and expended on questionable policy. I have It finally provides the funding for 100 thou- its safety nets such as the IMF and the World many concerns regarding the policy path to sand new public school teachers that we've Bank. The immediate concern, however, was this success. This GOP-led majority has spent been fighting for throughout the last two years; to replenish the coffers of the IMF so that we the first 9 months of 1998 investigating rather it expands after-school programs, Head Start, can address the serious global economic tur- than legislating. For the first time in almost 30 Summer Jobs, and it funds a substantial in- moil right now. This funding will ultimately ben- years, we have no budget. The Republican crease in the maximum Pell grant award; and efit American workers, businesses and farm- leadership has turned its back on the Amer- it provides the funds to put an additional ers by protecting and bolstering our global ican people in not addressing school construc- 17,000 police officers on the streets. economic strength. tion initiatives, providing a real Health Patients Despite shortcomings in this bill and the Moreover, I am pleased that the GOP Bill of Rights to deal with the HMO's, failing to flawed process of the past few weeks, I think dropped its restrictive language aimed at for- make reforms to our campaign finance sys- it's critical that we vote today to make this eign organizations who receive family planning tem, and ignoring our child by killing tobacco funding available. assistance from using their own funds to seek reform and settlement measures to reduce Mr. DINGELL. Mr. Speaker, the bizarre to change laws in their own respective coun- teen smoking. Thankfully, we were able to re- process forced upon us by the House's failure try. This important funding for preventive fam- sist the damage to the Social Security Insur- to complete its work on time has produced an ily planning leads to a decrease in unintended ance program. This bill is not governing. This adequate legislative product in the form of the pregnancies, a decrease in maternal deaths, is the failure to govern. I think this points out omnibus appropriations bill. If but a fraction of and a decrease in abortion. the failure of the GOP-led House and Senate the time, energy and resources devoted to po- While this GOP-led Congress has consist- Congress. No longer have we passed sepa- litical investigations went instead toward pass- ently attacked our Earth's natural resources, rate policy and spending bills. Rather, all is ing legislation, the 105th Congress might have this agreement does invest in the end help crammed into one massive omnibus bill. Sep- compiled a substantial record of achievement. move toward a cleaner environment. H.R. arate policy and spending measures passed Many of the ill-advised provisions that ap- 4328 includes important new investments to neither the House nor the Senate. These peared in earlier versions of this legislation protect national parks and forests, restore en- spending measures were not even debated on have wisely been dropped. The omnibus ap- dangered species, and develop clean energy the floor to Congress. propriations bill is not as bad as it could have technologies. Specifically, this measure pro- This Congress for the past 4 years has been, and even has some provisions to rec- vides for $1.7 billion for the President's Clean been bogged down with 50 investigations, 35 ommend it. Water Act Plan, $325 million to preserve pre- of which are still going on. Instead of investing The legislation provides temporary relief to cious public lands, a 23-percent increase to in our people, the Republican majority has home health agencies that were hurt as a re- protect threatened endangered species and chosen to investigate their political opponents. sult of cuts required by the balanced budget funds more than $1 billion, a 25-percent in- It is the new cottage industry. The results of agreement. The underlying health policy is not crease, to fight global warming. However, the Republican leadership's conduct is why we perfect, but that is to be expected in a com- much environmental work still remains for the are where we are today. This is wrong and the plex issue, and the gimmicks used to pay for future because the Republican majority's indif- people's agenda has suffered. It is my hope the policy leave much to be desired because ference to reauthorizing and freeing the that the 106th Congress can get back to ad- what is given to home health care now will be Superfund cleanup programs. The President dressing the real business of the American taken away later in reductions. Nevertheless, called for a 40-percent increase to accelerate people. home health plays an important role in caring October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11663 for the elderly and disabled who depend on We have heard much lately from TVA about tion demonstrates that the Republicans will do Medicare for their health care, and these its effort to ``reinvent'' itself as a more market- as little as possible on education, and take ac- changes will not adversely affect the access oriented, business like entity. It even has peti- tion only when forced. Today, Republicans and quality of care that beneficiaries receive. tioned Congress to allow it to sell federally- continue their staunch opposition to replace di- The Congress may still need to address subsidized electricity on the open market. But lapidated and overcrowded school houses with home health prior to the implementation of a TVA has several advantages which the non- new buildings. Where do they think these prospective payment system that will provide federal entities it wants to compete against do 100,000 new teachers are going to teach? proper incentives for agencies, but for the mo- not enjoy. The most disturbing of these is for- The broom and hallways have already ment, we have averted a potential crisis for giveness of the prepayment penalty, totaling a been converted to classrooms in many beneficiaries. billion dollars otherwise due the taxpayer. Ac- schools. I am also pleased that we were able to help cording to news reports, TVA plans to use Mr. Speaker, Republicans have failed our women with breast cancer by including a pro- these ``savings'' to help pay down its massive school children, failed their parents, failed our vision from a bill introduced by my colleague, $27 billion debt. This would indeed enable it to public school teachers, and failed their respon- Ms. ESHOO, that requires insurance compa- better ``compete'' against other utilities, who sibility to give leadership in the area of great nies who cover breast cancer to provide cov- are relegated to commercial financing and national concern. They spent almost the entire erage for reconstructive surgery. whose stranded costs will not be shed so Congress undermining the Federal role in edu- Another valuable provision makes available painlessly. cation. Their scheme to enact school vouchers additional funding for the Substance Abuse This unjustified windfall is an insult to the would have diverted hundreds of millions of and Mental Health Services Act's (``SAMHSA'') taxpayer, a misuse of federal funds, and a fur- Federal dollars earmarked for public school re- block grant program. My home state of Michi- ther obstacle to creating anything remotely re- form to private and parochial schools. Mr. gan was slated for a cut of nearly twenty per- sembling a level playing field in the electricity Speaker, the Republican majority tried to re- cent in these funds because of a formula industry. It reminds Congress to cast a dubi- peal affirmative action programs for disadvan- change. Under the bill, Michigan will receive a ous eye on future claims that all TVA wants is taged youth and tried to destroy bilingual edu- five percent increase. a fair shot at joining a restructured electricity cation. They tried to block grant key education In the area of trade policy, this legislation market on an equal footing with other competi- programs, with the goal of eliminating Federal contains important monitoring and enforce- funding. ment requirements designed to ensure that tors. It is also, and finally, worth noting what this But Mr. Speaker, perhaps the Republicans Korea and other recipients of International legislation and this Congress failed to do. most sinister, most cynical perversion was the Monetary Fund (IMF) assistance fully imple- This Congress did not enact the Patients Bill attempt to kill the Head Start Program by load- ment their commitments to cease government of Rights to protect consumers in managed ing it down with non-germane killer amend- interference in the private economy. Among care plans from the abuses and excesses of ments like Head Start vouchers. other things, these requirements are designed certain bad actors in the health insurance in- Mr. Speaker, Democrats promised we would to ensure that the government of Korea does dustry. The House instead passed a fatuous fight for new teachers and we won. Next year not extend government loans or subsidies to we will lead this Congress and take action to individual corporations, particularly in the auto, bill that would make matters worse for Ameri- enact legislation to modernize our decrepit, steel, semiconductor, and paper industries. In cans by undermining current law. This Congress did not improve access to rundown public schools. Unlike many in the addition, this legislation requires Korea to fulfill health care for the near elderly. The House all of its IMF commitments ``according to an Republican party, we will not shortchange explicit timetable for completion.'' These re- was denied the opportunity to vote on the America's school children by turning our backs quirements are similar to legislation I intro- ``Medicare Buy-In'' proposal which would have on the public education. provided access to health insurance for Ameri- Mr. BUNNING. Mr. Speaker, I rise in sup- duced, H.R. 3573, with Congressman MURTHA cans age 55 to 64 who, because of termi- port of the bill. It's not perfect, but most of it and Congressman REGULA. Despite its claims, Korea has not fully imple- nation or reduction of retiree benefits, cannot is good and it deserves our support. mented its commitments to the IMF. Our gov- get private insurance. This bill helps our farmers who in the past ernment must exercise strict and aggressive This Congress did not help the disabled year have had to cope with natural disasters, monitoring of how every penny of the IMF as- make a transition back to work by allowing drought and falling markets around the globe. sistance is used and what Korea is doing to them easier access to health insurance. The $6 billion in tax relief and disaster aid in implement its IMF commitments and to fulfill This Congress failed to reauthorize the Na- this bill is the least we can do for them and its trade obligations to the world community. tional Institutes of Health, legislation badly represents a victory for rural America. The American taxpayer should not be forced needed to set our research priorities. One of the best parts of this legislation is to finance the operation of non-viable, bank- This Congress failed to enact comprehen- the $8 billion it allocates for our national de- rupt Korean auto, steel, and other firms that sive imported food safety legislation. fense. None of us wants to return to the ``Hol- dump cheap imports in our market and under- This Congress failed to enact tobacco legis- low Force'' era of the 1970's when our military mine otherwise competitive products made by lation to assure full Food and Drug Administra- was beginning to crumble, and the extra American workers and American firms. tion authority to implement teen smoking ces- money in the bill before us today will help turn We need much more than vague Adminis- sation and prevention programs. Nor did this things around. I think that's a victory for the tration statement about being ``encouraged'' by Congress provide FDA with the resources it security of all Americans. the progress of Korea's economic reform. needs to perform its existing, and essential, There has been a lot of talk about the edu- Korea has institutions and policies that enable functions. cation provisions in this bill, and the extra the government to intervene in commercial These and other tasks will await the 106th spending for teachers. Let's be frank. The $1 lending and corporate governance. American Congress in January, and do not reflect credit billion earmarked in this legislation will only workers and American firms have a right to on the 105th Congress. pay for about 30,000 new teachers. But, most know what Korea is doing to restructure those Mr. CLAY. Mr. Speaker, I am pleased that, importantly, the legislation maintains local con- institutions and to change those policies, so due to President Clinton's strong leadership, trol of education. It doesn't mandate national that government intervention in the private this bill includes one of the most critical Demo- testing, and local school boards get to decide economy is minimized, and Korean markets cratic initiatives, a plan to hire 100,000 new what sort of teachers to hire with this new are open to U.S. and other foreign competi- teachers. This measure, which I introduced in moneyÐspecial education teachers, elemen- tors. the House in May, will help reduce class sizes tary instructors, or whoever will help the chil- Despite these worthwhile provisions, this in the early grades to 18. It is shameful that dren most. That's a victory for the American legislation is not without flaws. the Republican majority spent the whole Con- taxpayer of which we should be proud. The omnibus appropriations bill includes gress stonewalling critical education initiatives Congress also protected our Constitution on language conferring a substantial and unwar- such as this, despite overwhelming public sup- the census issue. The bill funds the Com- ranted financial advantage to the Tennessee port. merce Department and the Census Bureau Valley Authority (TVA). The language forgives Their refusal to tackle critical educational through next June, giving the Supreme Court the prepayment penalty TVA would otherwise priorities is the shame of the Congress. The a chance to rule on the question of sampling. be obligated to pay to refinance a taxpayer- Republican policy toward education is based The Clinton administration has been pushing funded loan from the Federal Financing Bank. on the contemptuous premise that education this untested, unreliable method of counting This continues the longstanding tradition of al- is not the province of the Federal Government. our citizens, and the bill we are going to pass lowing TVA to have the best of both worlds. This deathbed conversion on class size reduc- today puts the brakes on this end-run around H11664 CONGRESSIONAL RECORD — HOUSE October 20, 1998 the Constitution until the Supreme Court has ond generation of welfare recipients affected children with disabilities. In order to determine had a chance to weigh in. I believe that's a by ``welfare reform'' come off the welfare roles whether further amendments are needed, victory for all Americans and our constitutional it is important that there be employment op- GAO should determine whether schools are legacy. portunities. The Work Opportunity Tax Credit using the authorities currently available for re- For those concerned about economic condi- program encourages the private sector to part- moving children. These include: removing a tions around the world, the bill appropriates al- ner with the public sector to aid in the welfare child for up to 10 school days per incident; most $18 billion in funds for the International to work movement. In just twenty-one months, placing the child in an interim alternative edu- Monetary Fund to help stabilize the world nearly 450,000 people have been hired cational setting; extending a child's placement economy. Even better, the legislation man- through the program, earning a tax credit for in an interim alternative educational setting; dates that the IMF adopt meaningful reforms their employees. In less than two years almost suspending and expelling a child for behavior that will help open the doors to that agency a half million tax dependents have become tax that is not a manifestation of the child's dis- and further unleash the powerful force of the contributors. This, my colleagues, is a much- ability; seeking removal of the child through in- free market. I believe that represents a victory welcomed outcome of the program. The tax junctive relief; and proposing a change in the for American businesses and consumers. credit encourages private sector employees to child's placement. Notably, the legislation strengthens law en- hire welfare recipients and it works. In addition, the law now explicitly requires forcement's hand in the war on drugs. Funding Unfortunately, the tax credit expired on June schools to consider the need for behavioral for the Drug Enforcement Administration was 30, of this year. The omnibus bill extends the strategies for children with behavior problems. increased, Federal sentences for certain hard program for twelve months, and it is now up I continue to believe that the incidence of mis- drugs were toughened, and the legislation will to Congress to pass this vital legislation. Fail- conduct by children with disabilities is closely reinvigorate the National Drug Czar's office ure to renew the WOTC program would have related to how well these children are served, and established anti-drug programs like the a devastating impact on welfare recipients including whether they have appropriate indi- Drug-Free Communities Act, and the Drug- needing to find work. This action would occur vidualized education plans, with behavioral Free Schools Program. That's a victory for just as many welfare recipients are being interventions where necessary. Again, to en- American children who are threatened by drug forced off the welfare rolls as a result of the able the Congress to interpret information on dealers and thugs. welfare-reform bill. The WOTC program is a the effect of the IDEA on dealing with mis- As I said at the beginning, Mr. speaker, this way for at least some of those forced off of conduct, this GAO report should provide infor- bill isn't perfect. No oneÐRepublicans, Demo- public assistance to become employed. mation on the extent to which the schools are crats, or the PresidentÐgot everything they Mr. Speaker, the poison control centers net- appropriately addressing the needs of stu- wanted. But, in the end, in the spirit of com- work and the Work Opportunity Tax Credit dents engaged in this misconduct. I would be promise, I believe our leaders crafted a pack- Program are needed for the well being of opposed to giving school officials expanded age that we should support. After 4 years of America's families. I urge my colleagues on authority for removing children who engage in Republican control of Congress, we under- both sides of the aisle to join me in passing misconduct, if such misconduct could be ame- stand that we can not pass everything we this legislation. liorated by giving these children the services want because of the President' veto power. Mr. MARTINEZ. Mr. Speaker, there are two to which they are entitled. We need informa- Likewise, the President can not get everything provisions in the omnibus appropriations bill tion on the effect of appropriate implementa- he wants because his party is in the minority which I believe need further clarification. The tion of the IDEA on the ability of schools to in Congress. This leads us to where we are first issue dealt with an amendment in the provide for safe and orderly environments, and today: voting on a bill that is the byproduct of House bill to the Individuals with Disabilities that is what the GAO study should evaluate. negotiation and legislative give-and-take, a bill Education Act, or IDEA, that would have given Finally, I want to emphasize that the provi- that represents not a complete win for any one school officials expanded authorities to re- sions in the IDEA for removing children are party as much as it represents a win for the move children with disabilities from school. I only needed in those cases in which parents American people. opposed the inclusion of that amendment, be- and school officials disagree about a proposed I urge support for this legislation. cause it would have removed critical civil disciplinary action. Therefore, it is important Mr. TOWNS. Mr. Speaker, I rise today in rights protections for children with disabilities. that the GAO study also provides us informa- support of the omnibus appropriations bill H.R. A little more than a year ago, after years of tion on the extent to which parents are re- 4328. Amongst the many important elements negotiation, Congress enacted the 1997 questing due process hearings on discipline- in this legislation, including tremendous civil amendments to IDEA. These amendments related matters and the outcomes of those rights victories for Haitian refugees, black made a number of important changes to the hearings. farmers, and gulf war veterans, there are two law, including provisions governing the dis- The second issue dealt with a provision in in particular that I want to highlight. The na- cipline of children with disabilities. The '97 title VII of this bill, the section authorizing the tionwide poison control centers network and amendments give schools new tools for ad- creation of the Reading Excellence Act. Spe- the Work Opportunity Tax Credit Program, dressing the behavior of children with disabil- cifically, I am concerned that this new program have proven their effectiveness and necessity. ities, including more flexible authorities for re- may contain a provision placing an unfair bur- Poison control centers provide a unique and moving children with disabilities engaged in on local school districts. The Reading Ex- valuable resource. They are an integral part of misconduct involving weapons, drugs, or be- cellence Act requires school districts which are a nationwide public health system to decrease havior substantially likely to result in injury. eligible to receive the programs' tutorial assist- accidental deaths. Four million calls, last year More information is needed on the implemen- ance grants to notify all eligible tutorial assist- alone, were fielded by the centers, ranging tation of these amendments before any addi- ance providers and parents about this pro- from minor to life threatening. Imagine the po- tional changes to the law are considered by gram, despite the fact that they may not re- tential loss of life if each one of those individ- the Congress. ceive program funding. uals had been forced to rely solely on access- I therefore support the recommendation of I hope that the implementation of this provi- ing the 911 system instead. I remain hopeful the conferees for a GAO study on the dis- sion is accomplished with a modicum of pa- that the President's budget for FY 2000 will cipline of children with disabilities in lieu of perwork and that States work to ensure that recognize the shortfall in federal funding for making any changes to the authorizing legisla- as little burden as possible falls on the school the centers. In the interim, we have the oppor- tion itself. The conference agreement charges district. It should be our collective goal to en- tunity to immediately support poison control GAO with obtaining information on how the '97 sure that unnecessary paperwork and burdens centers by passing this Appropriations bill with amendments have affected the ability of on our local schools are reduced so that re- the $222 million dollar increase in public schools to maintain safe school environments sources can be focused on students. Clearly, health initiatives. I am aware that CDC has a conducive to learning. In order to enable the this new provision must be remedied before number of public health initiatives it would like Congress to differentiate between the need for the program begins and I will work with the to fund with these dollars. I implore them to amendments as opposed to better implemen- chairman and other colleagues when Con- devote significant resources from the increase tation of the law, it is critical that GAO look at gress returns to find a workable solution for all to the poison control centers network. I believe the extent to which school personnel under- concerned parties. that there is nothing more important than de- stand the provisions in the IDEA and make Mr. CONDIT. Mr. Speaker, tonight the creasing accidental deaths due to poisonings. use of the options available under the law. In House of Representatives is going to pass a Another issue I would like to highlight also the past, there has been considerable confu- $500 billion omnibus spending bill which has deals with the needs of America's families sion and misunderstanding regarding the op- been agreed to by the President and congres- who are trying to get a fresh start. As the sec- tions available to school districts in disciplining sional leaders. This mammoth bill contains October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11665 overdue funding for eight of thirteen annual not believe that the appropriators would know- Currently there are patients from at least 31 appropriations bills and an additional $20 bil- ingly kill an effort that would save people's states awaiting organs at the University of lion in emergency supplemental spending. lives. Pittsburgh, all of whom are dependent on an As with any bill of this magnitude, there are What I am talking about is that deep within organ becoming available in Western Pennsyl- many worthwhile initiatives, programs and this bill is a legislative rider that will sentence vania or West Virginia. Is it any wonder that changes in policy which considered individ- people to a death that could be avoided. our waiting lists are longer than almost any- ually would stand on their own merit. On the I am talking about the rider that would stop where else in the country. Obviously, this is other side of the ledge, however, there are the Department of Health and Human Serv- not an issue that impacts people in one par- programs and initiatives that would certainly ices from implementing their regulation to ticular geographical region, but it affects ev- fail if they were not considered collectively. make our organ allocation system more fair so eryone who is waiting for an organ no matter Unfortunately, Members of Congress will not more people can live. with state or congressional district they come have the opportunity to vote on any of the var- The current organ allocation system is pat- from. ious initiatives contained in this 3,800 page ently unfair because it gives higher priority to The fact is that the current system discrimi- document. I am very troubled that we have ar- geography over the health of the patient. To il- nates against people who live near the highly rived at this point as a result of procrasti- lustrate this, let me point out the attached arti- regarded centers with the longer waiting lists. nation. cle from the New Orleans Times-Picayune It's not their fault that their local center is one The great hazard of this was realized last about Jordan Rosebar, a little girl from Wash- of the few that will take the harder and sicker week while negotiations between the adminis- ington, DC. A little girl who died needlessly patients when other centers avoid the harder tration and congressional leaders cir- waiting for a liver and an intestine at the Uni- patients in favor of patients who may be still cumvented the parliamentary and committee versity of Pittsburgh Medical Center (UPMC). able to work, go to school, or even play golf. process. The process alone was appalling. Jordan was only on the UPMC list because This isn't right. Whether you live or die The result is even worse. Because of that, I UPMC is one of the only centers in the coun- should not depend on where you live. Organs will oppose this bill for several reasons. try capable of doing the procedure she need- do not and should not belong to any geo- Chief among my concerns is treatment of ed. What is especially sad about her story is graphical or political entity. But, under the cur- the first surplus this nation has realized since that even though she was by far the sickest rent system, depending on where the organ man walked on the moon. This bill squanders patient in the Eastern half of the United was harvested, it could be given to someone nearly one-third of that surplus while breaking States, instead of going to her, the organs she with years to liveÐwhile someone, like Jor- faith with the American people. needed went to a healthier patient on a list in dan, in the next across the wrong border dies For nine months we in the CongressÐboth Atlanta. Democrats and Republicans alikeÐhave in- When that set of organs became available waiting for a transplant. No, this debate is not about pitting big trans- sisted that any budget surpluses should be in- in New Orleans, they should have been of- plant centers against small ones, or about pit- vested in shoring up the Social Security trust fered to the person in the greatest need. They ting one region against another. It is about fund, a tax cut or some combination of the could have easily been sent to Pittsburgh. But, making sure that the gift of life goes to the two. It's unconscionable that as we close the instead of saving Jordan, they went to a person who needs it the most rather than 105th Congress both sides have largely aban- healthier patient in Atlanta because our anti- someone who happens to have the good for- doned those principles. quated system favors geography over medical We didn't keep our word to the American need. tune to live in the right city, or be on the right people. We violated their trust. It's as simple This is wrong. Both children could be alive list. This is about helping at least 300 people as that. today if we weren't so rigidly tied to the geo- each year to continue to live. We're raiding $20 billion from the Social Se- graphical boundaries established long ago and All HHS wants to do is: (1) require UNOS to curity trust fund for spending which for the used some common sense. We can and develop policies that would standardize its cri- most part doesn't constitute genuine emer- should do better. teria for listing patients and for determining gencies. Instead of sticking to solid fiscal pol- Regrettably, there has been more misin- their medical status, and (2) ensure that medi- icy, we are using gimmickry to get around formation than good information about what cal urgency, not geography, is the main deter- spending caps because we couldn't figure out this regulation actually says. Let me explain minant for allocating organs. Sadly, the organi- a way to fund projects and programs without how we got to this distressing situation and zation that is under contract with HHS to run appropriate offsets. why this rider is such a travesty. the national organ procurement transplant net- We are voting to bail out the International In 1984 Congress gave responsibility for the work, the United Network for Organ Sharing Monetary Fund. It's no secret that the IMF organ allocation system to the Department of (UNOS), is the biggest opponent of any doesn't work. Yet here we are ready to spend Health and Human Services. Originally devel- change and is spending upwards of $1 million $18 billion with no guarantee that we will fix oped when there were only sixteen transplant of patient fees to against HHS making the problems that has landed the IMF where centers, the story of Jordan Rosebar dem- the system more fair. it is in the first place. If we are sincere about onstrates how unfair this system has become Mr. Speaker, now is the time for us to set fixing the IMF we must put corrective actions and how badly these organ allocation policies our parochial interests aside and let HHS im- into place first. Hollow promises mean nothing need to be updated. plement the changes we know we can save once the check is cashed, Mr. Speaker. The liver is one of the most difficult organs lives. The longer we delay the more lives are In my district in California's Central Valley to transplant. Pioneered at the University of at risk. In this day of modern air travel and we are telling agricultural workers that they Pittsburgh, upwards of 90% of all the liver communications there is no good reason for don't deserve H1B visa waivers while just transplant surgeons today were either trained an organ to stop at the border. There is no across the foothills in the Silicon Valley high at Pittsburgh or by doctors who trained there. good reason why if I pass away while attend- tech workers do? That's a terrible double Yet facilities like Pittsburgh, Mt. Sinai, Cedars- ing the Superbowl in New Orleans that my standard. Sinai, and Stanford and other highly regarded liver should go to a golfer in Louisiana when While I applaud providing funding to hire transplant centers which take on the most dif- I may have a loved one who is in desperate 100,000 new teachers in America, this bill ficult and riskiest transplant patients, are strug- need of a transplant at home. doesn't have enough money to build the class gling with the longest waiting times in the People are dying because they happen to rooms for these new teachers. It just doesn't country. live in the wrong zip code and because states make sense and neither does this bill. The real travesty is that, as with Jordan, do not want to share their organs. Nowhere Mr. Speaker, this bill doesn't deserve to many of the patients waiting for organs at the else in society would we allow a monopoly like pass this House. Yet because we are pushed larger centers go there, not because of their this to continue. We must put an end to this up against a wall we're willing to sell out the reputations, but because it is their last resort. craziness. There is no room in this country for American people. I urge my colleagues to de- There is strong evidence to suggest that many politics to affect who lives and who dies. The feat this omnibus spending bill. smaller transplant centers avoid the riskier patients who need the organs the most should Mr. KLINK. Mr. Speaker, while I applaud transplants and the sicker patients because get them. Period. what this budget bill does for education and they are more difficult and would adversely im- [From the Times-Picayune, Oct. 11, 1998] the environment. I am appalled at what the pact their reputations should they not be suc- LA. FAVORS GEOGRAPHIC SYSTEM appropriators have done to destroy the organ cessful. The fact is that many patients, like (By Bill Walsh) transplant allocation policy. Jordan, only end up at centers like the Univer- As Jordan Elizabeth Rosebar lay in a hos- This is a matter of life and death, and as sity of Pittsburgh after having been turned pital bed in Pittsburgh, her insides collaps- one who believes in the sanctity of life I can- down by their local center. ing, the organs that could save her life were H11666 CONGRESSIONAL RECORD — HOUSE October 20, 1998 ready and waiting in a New Orleans area hos- she would need a transplant to live a normal In this case, no one in Louisiana needed pital. life.’’ them, so a search went out for the neediest It was a stroke of luck that the liver and Rosebar knows better than most that ‘‘nor- children in the six-state southeastern region small intestine the 18-month-old girl needed mal’’ is often relative when it comes to stretching from Louisiana to Florida. The were available at all, given that the donor organ transplants. As a kidney transplant University of Miami transplant center was had to be a biological match and, like her, a patient himself, the 72-year-old Washington at the top of the list. small child. Incredibly, two other child do- native receives dialysis treatments twice a What happened next is in dispute. While it nors would be found in other parts of the week. He knew that his daughter, the only is clear that the Louisiana Organ Procure- country that day in early June, offering hope child he has had with his high school sweet- ment Agency refused to release the organs to far beyond what Jordan’s family and doctors heart, Devona Watkins, would forever be in Pittsburgh doctors, the reasons for the re- had dared imagine. need of intense medical attention. fusal differ. But Jordan never got the organs she so But for now, they were eager just to have Doctors in Pittsburgh say they were desperately needed. She died waiting for the her home, away from the sterile hospital en- turned down because of the rivalry between transplant when chemicals, machines and vironment. In May 1997, they got their wish. the two states over organ transplantation prayers could no longer sustain her. Jordan was sent home fitted with a special policy. The University of Pittsburgh Medical Louisiana doctors sent the organs to At- portable unit to pump fluids through her Center, one of the largest transplant hos- lanta under the current rules that give re- body 20 hours a day. She was fed with a tube pitals in the country, has led the charge for gional preference to who get organs. Later, a fixed to her nose. It was cumbersome for the a ‘‘sickest first’’ national standard. flicker of hope from doctors in Alabama infant, but she didn’t seem to mind. ‘‘Just because it was Pittsburgh, all of a faded when the set of the organs they had ‘‘She was happy. That’s all she ever knew,’’ sudden there was a problem,’’ said Abu- were given to someone else. In a final, fran- Rosebar said recently from the Elmagd. tic race to a nearby Pennsylvania hospital, a of his northwest Washington home, where Louisiana officials disagree. They say that transplant team returned to the operating the end tables are crowded with framed por- Jordan was not listed as a patient in Miami room too late. traits of his daughter. at the time the organs became available in The final day of Jordan’s life demonstrates ‘‘She could sure brighten up your world,’’ Louisiana, meaning they would have to vio- the complexities of a national organ dis- he said. late their policies in order to send the organs bursement procedure that is guided first by A sad situation. to Pittsburgh. geography and second by the critical needs * * * Doctors at Children’s Hospital sug- In fact, the most serious patient in Miami of the patient. It unmasks the cruel difficul- gested the couple seek treatment for their was a youngster listed as a ‘‘Status 2,’’ seri- ties inherent in trying to apply objective daughter at the University of Pittsburgh ous, but not at the most critical level. Under standards to decisions about who lives and Medical Center, one of the few transplant the national guidelines, that patient was en- who dies. It also reveals a distrust among centers that performed the liver-small intes- titled to first crack at the organs. But as if transplant surgeons in different parts of the tine operation. to underscore the capriciousness of the proc- country who have found themselves pitted In January, Jordan was entered on a na- ess of deciding who gets what, Miami didn’t against one another as they vie for a limited tional computer database as a patient at the have enough available surgeons to perform supply of organs. University of Pittsburgh. There is no escaping the fact that the the operation, so they passed. That meant that whenever a suitable The liver specialist in Miami who took the shortage of donated organs has forced medi- organ became available in the six-state re- call from Louisiana said she had entered Jor- cal officials to make painful life-and-death gion around Pennsylvania, Jordan could get dan’s name on the computer database that decisions within a somewhat awkward sys- it unless there were sicker children on the tem. The emotional debate over how that same day, June 3. Perhaps the Louisiana list list ahead of her. That’s the cornerstone of system should operate recently came to a wasn’t current, she said. Would they ‘‘rerun head as the Clinton administration prepared the organ disbursement system: Organs are the list,’’ she asked, by downloading the to issue rules this month that many believe first offered within the region in which they most current version to the state’s com- will lead to a nationwide policy that pro- are donated and then nationally if there are puter? That way, Jordan’s case would show vides organs to the ‘‘sickest first’’ and mini- no takers. up. mizes geographic considerations. For months, nothing happened. ‘‘It just had to do with timing,’’ said Lesli * * * The state wants to keep locally do- Then on May 31, Jordan’s parents got a call Kravetz, the Miami official. nated organs close to home, arguing that be- that organs were available. Jordan and her But according to Louisiana officials, the cause its residents donate more generously mother flew to Pittsburgh and Jordan’s fa- issue wasn’t timing, it was fairness. That’s than those in other states, they also deserve ther took a bus to stand vigil with his fam- because Louisiana’s policy is to download to reap the benefits. A lawsuit filed by the ily. the list each time organs become available. state to block the rules will be heard The operation went well, but there was a That way, state officials say, the organs are Wednesday in Baton Rouge by a federal problem with the organs. They had been matched to the person most needy at the in- court judge. The court has ordered the new damaged and weren’t working correctly. Jor- stant the organs became available. Any rules put on hold pending the outcome of the dan was in a perilous condition. other system, they contend, promotes favor- hearing. Out of desperation, her surgeon, Dr. itism and allows for manipulation of the sys- Also at stake in the battle is money. Large Kareem Abu-Elmagd, called a former col- tem, for example, by allowing patients not regional transplant centers such as the one league at the University of Miami. The on the list to be placed on it once they learn on Pittsburgh have seen their business plum- Pittsburgh hospital had recently helped sur- organs are available. For example, it isn’t met in recent years as smaller hospitals have geons in Miami find a set of organs for a 13- even clear that at the time Jordan’s doctors gotten into the transplant game. The larger year-old boy and Abu-Elmagd asked if they were desperately seeking organs for her, she centers are pushing the new national guide- would return the favor: Would they list Jor- was the only Status 1 patient in the country. lines, while the smaller centers are fighting dan as a transplant candidate at their hos- Other regions may have had Status 1 pa- to retain the business they’ve gotten under pital? tients, but they would not have been alerted the current rules. The tactic, known as ‘‘double listing,’’ in- to Louisiana’s organs unless they had dou- With millions of dollars in profits at stake, creases a patient’s chances of getting an ble-listed their patients in Louisiana’s re- the issue is about more than life and death, organ. Double-listing is frowned upon by gion, as Jordan’s doctors had done. and the case of Jordan Rosebar reveals the some in the transplant community as under- After 90 minutes, Louisiana officials called complex medical, ethical and political con- handed, but it’s not forbidden. The United Miami and said no, they would not violate tours of the coming debate. Network for Organ Sharing, the organization their policy by rerunning the list. A losing battle. that administers national organ policy, re- ‘‘There were no Status 1 patients (when we From the start of her young life, it was ap- ports that more than 3,000 patients are listed ran the list),’’ said Louise Jacobbi, the direc- parent that Jordan could not live with the at two hospitals. Some are listed at three. tor of the Louisiana Organ Procurement organs she started life with. She was born in ‘‘It’s kind of a courtesy,’’ Abu-Elmagd Agency. ‘‘They wanted us to break policy Maryland three months premature and was said. ‘‘We did it for them the day before.’’ and put the kid on (the list). That’s gaming ‘‘so small she could fit in the palm of my Abu-Elmagd requested that Jordan be list- the system.’’ hand,’’ said her father, Marcus Rosebar. ed at Miami as ‘‘Status 1,’’ the most dire Jacobbi said the patient database, which She also was born without a usable intes- condition, reserved for patients who will die ranks patients according to the seriousness tine, and doctors had little choice but to re- within seven days without a transplant. The of their condition, is the only objective move most of it. She spent the first six designation puts them near the head of the guidepost organ centers have in making life- months of her life in Children’s Hospital in line for new organs. or-death decisions. Washington, D.C., sustained with nutrients Once again, Jordan seemed blessed with ‘‘What I was doing was playing by the rules and medication pumped through her body. good fortune. Within hours, doctors in Miami they agreed to play by,’’ Jacobbi said. Unfortunately, the same treatment that got word that a liver and small intestine Bob Spieldenner, a spokesman for the kept her alive wreaked havoc on her liver. were available at West Jefferson Medical United Network for Organ Sharing, said Over time, it began to deteriorate. Center in Marrero. there are no rules about rerunning patient ‘‘We knew right at the beginning,’’ Rosebar Under Louisiana law, organs donated in- lists. He said each state organ procurement said. ‘‘The doctors told us that eventually state must first be offered to local residents. organization, or OPO, sets its own standard. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11667 ‘‘It’s up to them,’’ he said, ‘‘Some OPOs should have first claim to a life-saving deed, addresses only a fee for the Intellectual will do it, some won’t. New Orleans is pretty organ. Infrastructure Fund. To the extent that fee rigid in what they do.’’ ‘‘I would have gone to Russia if I had to, to constitutes an unconstitutional tax, it was not Dr. Gazi Zibari, the medical director of the save her life,’’ he said. ‘‘I would have done Louisiana organ agency, said he had other anything.’’ ratified by Section 8003. I am pleased that this concerns about releasing the organs to Pitts- Mr. FAWELL. Mr. Speaker, the Omnibus Congress has voted to approve the Internet burgh. He said he doesn’t always trust his Appropriations Act, H.R. 4328, includes under Tax Moratorium Act and to affirm that this fellow transplant surgeons when they say the Labor/HHS portion of the legislation a title Congress has never ratified an unconstitu- their patients are Status 1. IX which may be cited as the Women's Health tional tax on the Internet. Zibari said that doctors will sometimes ex- and Cancer Rights Act of 1998. Mr. HYDE. Mr. Speaker, the issues sur- aggerate the seriousness of the condition to rounding implementation of the Communica- get an organ faster. By the time it’s checked, In general this act amends both ERISA and he said, a patient may already have gotten the Public Health Services Act (within the tions Assistance for Law Enforcement Act of the transplant. scope of coverage of such Acts as established 1994 (CALEA), now nearly four years after en- ‘‘It is well recognized that there is no sys- in HIPAA) to require group health plans and actment, have been especially vexing to law tem in place to monitor whether these pa- health insurance issuers that cover medical enforcement, the telecommunications industry, tients are Status 1,’’ Zibari said. ‘‘There is and surgical benefits for mastectomy to also privacy groups, and to us, in Congress. Fol- mistrust in the transplant community, include in their scope of coverage: (1) all lowing passage of H.R. 3303, the DOJ author- which is very sad.’’ ization bill, in June, pressure was brought to Pittsburgh doctors angry. stages of reconstruction of the breast on The decision by the Louisiana organ agen- which the mastectomy has been performed, bear on the Federal Communications Commis- cy angered the doctors in Pittsburgh who (2) surgery and reconstruction of the other sion to extend the October 25, 1998 compli- saw Jordan’s life slipping away. In an after- breast to produce a symmetrical appearance; ance date, mandated by CALEA, to at least noon phone call with Zibari, Abu-Elmagd and (3) prostheses and physical complications June 30, 2000. Although, I am pleased that lost his patience. of mastectomy, including lymphedemas, in a this date was extended, I am disappointed that ‘‘I said she will die in 24 hours,’’ Abu- manner determined under the terms of the the ``grandfather date'' for equipment cost re- Elmagd recalled telling him. ‘‘I said if you think we are stealing the organs, that is not plan or heatlh insurance coverage in consulta- imbursements (January 1, 1995) will not be the case.’’ tion with the attending physician and the pa- amended into law this year. H.R. 3303, as When Miami declined the organs because tient. passed by the House, would have changed they didn’t have enough surgeons available The described coverage may be subject to the ``grandfather date'' to October 1, 2000. to complete the transplant needed there, the annual deductibles and coinsurance as I am encouraged, though, that the conferees organs went to the next patient on the list, deemed appropriate and consistent with those on the omnibus appropriations bill have in- at Emory University Hospital in Atlanta. established for other benefits under the plan cluded report language expressing the sincere Zibari suggested Pittsburgh call the Atlanta or health insurance coverage under which an view that the DOJ, industry and Congress hospital and see if they would give them up. The child in Atlanta who got the liver was individual is enrolled. should develop joint recommendations to ac- listed as a Status 3 patient, but Jacobbi said Because the act is generally effective with celerate the implementation of CALEA as doctors told her the youngster was getting respect to plan years beginning on or after the soon as possible at the least cost to taxpayers worse. date of enactment, it is expected that the de- and consumers and to ensure that law en- ‘‘They said their child was extremely sick partments administering the act will follow pro- forcement receives the capabilities it needs to as well. Those kids can change in a matter of cedures under which no enforcement action protect our society. I would further suggest hours or minutes,’’ she said. Abu-Elmagd chose not to call Atlanta. By wil be taken with respect to a violation of a re- that the statutory January 1, 1995 ``grand- then, another liver and small intestine set quirement imposed by the act on a plan or father date'' should be altered to be consistent became available, this one in Alabama. How- health insurance issuer before the date of with the revised compliance date as decided ever, this time, the organs were already com- issuance of final regulations, if the plan or by the FCC in September of this year. mitted to another child. The Miami hospital issuer has sought to comply with the act in Mr. Speaker, I look forward to working with was only being notified if it was needed as a good faith. my House and Senate colleagues on the Judi- backup. Ultimately, it wasn’t. The other The provision under new ERISA section ciary and Appropriations Committees in the child got the organs and Jordan’s doctors 713(e)(2) which states that ``Nothing in this 106th Congress in order to make this vision a started over. Chuck Patrick, doctor of the Alabama section shall be construed to affect or modify reality. Organ Center, declined to discuss the case, so the provisions of section 514 with respect to Mr. GILMAN. Mr. Speaker, I rise for the pur- it’s unclear if the child who got the trans- group health plans'' is redundant and has the pose of apprising the House and the public plant was in better condition than Jordan. same effect as the identical provisions under concerning the legislative history of Division G ‘‘I’m not going to get my organization in current law, that is ERISA section 731(a)(2) of H.R. 4328, the Omnibus Appropriations Act the middle of this war over where organs and PHS sections 2723(a)(2) and 2762(b)(1). now under consideration. go,’’ Patrick said. It is also expected that the agencies in- Division G consistsÐwith but minor The up-and-down ride wasn’t over yet. volved in issuing regulations under the act will changesÐof Divisions A and B of the Con- Within hours, Pittsburgh got a call that suitable organs were available at a hospital follow the same procedures applicable under ference Report on H.R. 1757 of the 105th in western Pennsylvania. HIPAA as found in section 104 of that act. Congress, House Report 105±432, as it Abu-Elmagd hopped in a van and led a Mr. CHRISTENSEN. Mr. Speaker, In the passed the House on March 26, 1998 and the team to harvest the organs. Meanwhile, Jor- 1998 Omnibus Appropriations bill I am Senate on April 28, 1998. dan was getting worse. Her heart seized up pleased to acknowledge inclusion of the Inter- Accordingly, as chairman of the Committee and her blood pressure dropped. She was net Tax Moratorium Act. In the act Congress on International Relations, with jurisdiction taken back to the emergency room, and doc- makes clear that a limited moratorium, accom- over H.R. 1757, I can state that for the pur- tors kept her alive with fluids and medica- panied by a careful review of all Internet and tion. poses of legislative history, the legislative his- For a brief time, Jordan seemed to im- electronic commerce tax issues, will give Con- tory of Division G is the legislative history of prove, but then she suffered multiple cardiac gress the opportunity to evaluate proper state H.R. 1757. arrests. Her body was never that strong to and local government interstate taxation, Fed- I am submitting, for the purposes of aiding begin with and all the stress was simply too eral taxation and trade treatment of the Inter- in the interpretation of Division G, a table indi- much for her to take. net and electronic commerce. In so acting we cating the correspondence between provisions Jordan died early in the morning of June 4. will clarify that this Congress has not ratified of Divisions A and B of the Conference Report Abu-Elmagd was about an hour away from or authorized any federal taxes on Internet on H.R. 1757 and the counterpart provisions the Pittsburgh hospital with the organs on ice when he got the word. Domain name registrations. We are aware that of Division G of the bill under consideration. ‘‘It came down to a matter of hours,’’ he U.S. Federal Court in the Thomas et al. ver- Division G H.R. 1757 Conference Report said. ‘‘If I could have gotten the organs a sus National Science Foundation et al case couple of hours earlier, she could have sur- has declared that Sec. 8003±Ratification of 1001 ...... Sec. 1. Short title. vived.’’ Internet FeesÐof the Emergency Supple- 1002 ...... Sec. 2. Organization of Act into divisions; table of con- Rosebar said he didn’t know all this was tents. mental Appropriations Act of FY 98 ratified SUBDIVISION A—CONSOLIDATION OF FOREIGN AFFAIRS happening while he and Jordan’s mother AGENCIES waited in the Pittsburgh hospital for word what has been previously found to be a un- constitutional tax on Internet domain name TITLE I—GENERAL PROVISIONS on their daughter’s condition. 1101 ...... Sec. 101. Short title. To him, state and regional boundaries are registrations. Section 8003 was never in- 1102 ...... Sec. 102. Purposes. meaningless when it comes to deciding who tended to ratify a tax on the Internet and, in- 1103 ...... Sec. 103. Definitions. H11668 CONGRESSIONAL RECORD — HOUSE October 20, 1998

Division G H.R. 1757 Conference Report Division G H.R. 1757 Conference Report Division G H.R. 1757 Conference Report

1104 ...... Sec. 104. Report on budgetary cost savings resulting 2103 ...... Sec. 1103. Grants to The Asia Foundation. 2415 ...... Sec. 1415. Educational and cultural exchanges and from reorganization. 2104 ...... Sec. 1104. Voluntary contributions to international orga- scholarships for Tibetans and Burmese. TITLE II—UNITED STATES ARMS CONTROL AND nizations. 2416 ...... Sec. 1417. Surrogate broadcasting study. DISARMAMENT AGENCY 2105 ...... Sec. 1105. Voluntary contributions to peacekeeping oper- 2417 ...... Sec. 1418. Radio broadcasting to Iran in the Farsi lan- ations. guage. CHAPTER 1—GENERAL PROVISIONS 2106 ...... Sec. 1106. Limitation on United States voluntary con- 2418 ...... Sec. 1419. Authority to administer summer travel and 1201 ...... Sec. 201. Effective date. tributions to United Nations Development Program. work programs. CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS 2107 ...... Sec. 1107. United Nations Population Fund. 2419 ...... Sec. 1420. Permanent administrative authorities regard- TITLE XII—DEPARTMENT OF STATE AUTHORITIES AND ing appropriations. 1211 ...... Sec. 211. Abolition of United States Arms Control and 2420 ...... Sec. 1421. Voice of America broadcasts. Disarmament Agency. ACTIVITIES 1212 ...... Sec. 212. Transfer of functions to Secretary of State. CHAPTER 1—AUTHORITIES AND ACTIVITIES TITLE XV—INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS 1213 ...... Sec. 213. Under Secretary for Arms Control and Inter- 2201 ...... Sec. 1201. Reimbursement of Department of State for national Security. assistance to overseas educational facilities. 2501 ...... Sec. 1501. International conferences and contingencies. CHAPTER 3—CONFORMING AMENDMENTS 2202 ...... Sec. 1202. Revision of Department of State rewards pro- 2502 ...... Sec. 1502. Restriction relating to United States acces- sion to any new international criminal tribunal. 1221 ...... Sec. 221. References. gram. 2203 ...... Sec. 1203. Retention of additional defense trade controls 2503 ...... Sec. 1503. United States membership in the Bureau of 1222 ...... Sec. 222. Repeals. the Interparliamentary Union. 1223 ...... Sec. 223. Amendments to the Arms Control and Disar- registration fees. 2204 ...... Sec. 1204. Fees for commercial services. 2504 ...... Sec. 1504. Service in international organizations. mament Act. 2505 ...... Sec. 1505. Reports regarding foreign travel. 1224 ...... Sec. 224. Compensation of officers. 2205 ...... Sec. 1205. Pilot program for foreign affairs reimburse- 1225 ...... Sec. 225. Additional conforming amendments. ment. TITLE XVI—UNITED STATES ARMS CONTROL AND 2206 ...... Sec. 1206. Fee for use of diplomatic reception rooms. DISARMAMENT AGENCY TITLE III—UNITED STATES INFORMATION AGENCY 2207 ...... Sec. 1207. Budget presentation documents. 2601 ...... Sec. 1601. Authorization of appropriations. CHAPTER 1—GENERAL PROVISIONS 2208 ...... Sec. 1208. Office of the Inspector General. 2602 ...... Sec. 1602. Statutory construction. 2209 ...... Sec. 1209. Capital Investment Fund. 1301 ...... Sec. 301. Effective date. 2210 ...... Sec. 1210. Contracting for local guards services over- TITLE XVII—EUROPEAN SECURITY ACT OF 1998 CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS seas. 2701 ...... Sec. 1701. Short title. 1311 ...... Sec. 311. Abolition of United States Information Agency. 2211 ...... Sec. 1211. Authority of the Foreign Claims Settlement 2702 ...... Sec. 1702. Statement of policy. 1312 ...... Sec. 312. Transfer of functions. Commission. 2703 ...... Sec. 1703. Authorities relating to NATO enlargement. 1313 ...... Sec. 313. Under Secretary of State for Public Diplomacy. 2212 ...... Sec. 1212. Expenses relating to certain international 2704 ...... Sec. 1704. Sense of Congress with respect to the Treaty 1314 ...... Sec. 314. Abolition of Office of Inspector General of claims and proceedings. on Conventional Armed Forces in Europe. United States Information Agency and transfer of 2213 ...... Sec. 1213. Grants to remedy international abductions of 2705 ...... Sec. 1705. Restrictions and requirements relating to bal- functions. children. listic missile defense. 2214 ...... Sec. 1214. Counterdrug and anticrime activities of the TITLE XVIII—OTHER FOREIGN POLICY PROVISIONS CHAPTER 3—INTERNATIONAL BROADCASTING Department of State. 1321 ...... Sec. 321. Congressional findings and declaration of pur- 2215 ...... Sec. 1215. Annual report on overseas surplus properties. 2801 ...... Sec. 1801. Reports on claims by United States firms pose. 2216 ...... Sec. 1216. Human rights reports. against the Government of Saudi Arabia. 1322 ...... Sec. 322. Continued existence of Broadcasting Board of 2217 ...... Sec. 1217. Reports and policy concerning diplomatic im- 2802 ...... Sec. 1802. Reports on determinations under title IV of Governors. munity. the Libertad Act. 1323 ...... Sec. 323. Conforming amendments to the United States 2218 ...... Sec. 1218. Reaffirming United States international tele- 2803 ...... Sec. 1803. Report on compliance with the Hague Con- International Broadcasting Act of 1994. communications policy. vention on International Child Abduction. 1324 ...... Sec. 324. Amendments to the Radio Broadcasting to 2219 ...... Sec. 1219. Reduction of reporting. 2804 ...... Sec. 1804. Sense of Congress relating to recognition of Cuba Act. Ecumenical Patriarchate by the Government of Turkey CHAPTER 2—CONSULAR AUTHORITIES OF THE 2805 ...... Sec. 1805. Report on relations with Vietnam. 1325 ...... Sec. 325. Amendments to the Television Broadcasting to DEPARTMENT OF STATE Cuba Act. 2806 ...... Sec. 1806. Reports and policy concerning human rights 1326 ...... Sec. 326. Transfer of broadcasting related funds, prop- 2221 ...... Sec. 1221. Use of certain passport processing fees for violations in Laos. erty, and personnel. enhanced passport services. 2807 ...... Sec. 1807. Report on an alliance against narcotics traf- 1327 ...... Sec. 327. Savings provisions. 2222 ...... Sec. 1223. Consular officers. ficking in the Western Hemisphere. 1328 ...... Sec. 328. Report on the privatization of RFE/RL, Incor- 2223 ...... Sec. 1224. Repeal of outdated consular receipt require- 2808 ...... Sec. 1808. Congressional statement regarding the acces- porated. ments. sion of Taiwan to the World Trade Organization. 2224 ...... Sec. 1225. Elimination of duplicate Federal Register 2809 ...... Sec. 1809. Programs or projects of the International CHAPTER 4—CONFORMING AMENDMENTS publication for travel advisories. Atomic Energy Agency in Cuba. 1331 ...... Sec. 331. References. 2225 ...... Sec. 1226. Denial of visas to confiscators of American 2810 ...... Sec. 1810. Limitation on assistance to countries aiding 1332 ...... Sec. 332. Amendments to title 5, United States Code. property. Cuba nuclear development. 1333 ...... Sec. 333. Application of certain laws. 2226 ...... Sec. 1227. Inadmissibility of any alien supporting an 2811 ...... Sec. 1811. International Fund for Ireland. 1334 ...... Sec. 334. Abolition of United States Advisory Commission international child abductor. 2812 ...... Sec. 1813. Support for democratic opposition in Iraq. on Public Diplomacy. CHAPTER 3—REFUGEES AND MIGRATION 2813 ...... Sec. 1814. Development of democracy in the Republic of 1335 ...... Sec. 335. Conforming amendments. Serbia 1336 ...... Sec. 336. Repeals. SUBCHAPTER A—AUTHORIZATION OF APPROPRIATIONS TITLE IV—UNITED STATES INTERNATIONAL DEVELOPMENT 2231 ...... Sec. 1231. Migration and refugee assistance. The SPEAKER pro tempore (Mr. COOPERATION AGENCY SUBCHAPTER B—AUTHORITIES CHAPTER 1—GENERAL PROVISIONS 2241 ...... Sec. 1241. United States policy regarding the involuntary THORNBERRY). Without objection, the 1401 ...... Sec. 401. Effective date. return of refugees. previous question is ordered. 2242 ...... Sec. 1242. United States policy with respect to the invol- CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS untary return of persons in danger of subjection to There was no objection. 1411 ...... Sec. 411. Abolition of United States International Devel- torture. The SPEAKER pro tempore. The opment Cooperation Agency. 2243 ...... Sec. 1243. Reprogramming of migration and refugee as- 1412 ...... Sec. 412. Transfer of functions and authorities. sistance funds. question is on the conference report. 1413 ...... Sec. 413. Status of AID. 2244 ...... Sec. 1244. Eligibility for refugee status. Pursuant to clause 7 of rule XV, the CHAPTER 3—CONFORMING AMENDMENTS 2245 ...... Sec. 1245. Reports to Congress concerning Cuban emi- gration policies. yeas and nays are ordered. 1421 ...... Sec. 421. References. The vote was taken by electronic de- 1422 ...... Sec. 422. Conforming amendments. TITLE XIII—ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF STATE PERSONNEL; THE FOREIGN TITLE V—AGENCY FOR INTERNATIONAL DEVELOPMENT vice, and there were—yeas 333, nays 95, SERVICE not voting 7, as follows: CHAPTER 1—GENERAL PROVISIONS CHAPTER 1—ORGANIZATION OF THE DEPARTMENT OF 1501 ...... Sec. 501. Effective date. STATE [Roll No. 538] CHAPTER 2—REORGANIZATION AND TRANSFER OF 2301 ...... Sec. 1301. Coordinator for Counterterrorism. YEAS—333 FUNCTIONS 2302 ...... Sec. 1302. Elimination of Deputy Assistant Secretary of 1511 ...... Sec. 511. Reorganization of Agency for International De- State for Burdensharing. Abercrombie Borski Coyne velopment. 2303 ...... Sec. 1303. Personnel management. Ackerman Boswell Cramer 2304 ...... Sec. 1304. Diplomatic security. Aderholt Boucher Crapo CHAPTER 3—AUTHORITIES OF THE SECRETARY OF STATE 2305 ...... Sec. 1305. Number of senior official positions authorized 1521 ...... Sec. 521. Definition of United States assistance. for the Department of State. Allen Brady (PA) Cubin 1522 ...... Sec. 522. Administrator of AID reporting to the Secretary 2306 ...... Sec. 1306. Nomination of Under Secretaries and Assist- Andrews Brown (CA) Cummings of State. ant Secretaries of State. Archer Brown (FL) Cunningham 1523 ...... Sec. 523. Assistance programs coordination and over- CHAPTER 2—PERSONNEL OF THE DEPARTMENT OF Armey Brown (OH) Danner sight. STATE; THE FOREIGN SERVICE Baesler Bryant Davis (FL) TITLE VI—TRANSITION 2311 ...... Sec. 1311. Foreign Service reform. Baker Bunning Davis (IL) CHAPTER 1—REORGANIZATION PLAN 2312 ...... Sec. 1312. Retirement benefits for involuntary separa- Baldacci Burton Davis (VA) 1601 ...... Sec. 601. Reorganization plan and report. tion. Barcia Buyer Delahunt 2313 ...... Sec. 1313. Authority of Secretary to separate convicted CHAPTER 2—REORGANIZATION AUTHORITY Barrett (NE) Callahan DeLauro felons from the Foreign Service. Bass Calvert DeLay 1611 ...... Sec. 611. Reorganization authority. 2314 ...... Sec. 1314. Career counseling. 1612 ...... Sec. 612. Transfer and allocation of appropriations. 2315 ...... Sec. 1315. Limitations on management assignments. Bateman Camp Deutsch 1613 ...... Sec. 613. Transfer, appointment, and assignment of per- 2316 ...... Sec. 1316. Availability pay for certain criminal investiga- Becerra Canady Diaz-Balart sonnel. tors within the Diplomatic Security Service. Bentsen Cannon Dickey 1614 ...... Sec. 614. Incidental transfers. 2317 ...... Sec. 1317. Nonovertime differential pay. Bereuter Capps Dicks 1615 ...... Sec. 615. Savings provisions. 2318 ...... Sec. 1318. Report concerning minorities and the Foreign Berman Carson Dingell 1616 ...... Sec. 616. Authority of Secretary of State to facilitate Service. Berry Chambliss Dixon transition. TITLE XIV—UNITED STATES INFORMATIONAL, 1617 ...... Sec. 617. Final report. Bilirakis Chenoweth Dooley EDUCATIONAL, AND CULTURAL PROGRAMS Bishop Clay Doolittle DIVISION B—FOREIGN RELATIONS AUTHORIZATION CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS Blagojevich Clayton Doyle TITLE X—GENERAL PROVISIONS 2401 ...... Sec. 1401. International information activities and edu- Bliley Clement Dreier 2001 ...... Sec. 1001. Short title. cational and cultural exchange programs. Blunt Clyburn Dunn 2002 ...... Sec. 1002. Definition of appropriate congressional com- CHAPTER 2—AUTHORITIES AND ACTIVITIES Boehlert Combest Edwards mittees. 2411 ...... Sec. 1411. Retention of interest. Boehner Conyers Ehrlich TITLE XI—AUTHORIZATION OF APPROPRIATIONS FOR 2412 ...... Sec. 1412. Use of selected program fees. Bonilla Cook Emerson DEPARTMENT OF STATE 2413 ...... Sec. 1413. Muskie Fellowship Program. Bonior Cooksey Engel 2101 ...... Sec. 1101. Administration of foreign affairs. 2414 ...... Sec. 1414. Working Group on United States Government- Bono Cox English 2102 ...... Sec. 1102. International commissions. Sponsored International Exchanges and Training. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11669 Eshoo Lantos Rangel Jones Minge Skaggs journs on the legislative day of Wednesday, Etheridge Latham Redmond Kanjorski Neumann Smith (MI) October 21, 1998, or Thursday, October 22, Evans LaTourette Regula Kaptur Pappas Smith (NJ) 1998, on a motion offered pursuant to this Reyes Kind (WI) Paul Smith, Adam Everett Lazio concurrent resolution by its Majority Leader Ewing Leach Riley King (NY) Peterson (MN) Smith, Linda Farr Levin Rodriguez Kleczka Petri Stearns or his designee, it stand adjourned sine die, Fattah Lewis (CA) Roemer Klink Portman Stump or until noon on the second day after Mem- Fawell Lewis (GA) Rogan Klug Riggs Stupak bers are notified to reassemble pursuant to Foley Lewis (KY) Rogers LaHood Rivers Taylor (MS) section 2 of this concurrent resolution, or Forbes Linder Ros-Lehtinen Largent Rohrabacher Thurman until a time designated pursuant to section 3 Ford Lipinski Rothman Lee Roukema Upton of this resolution; and that when the Senate Roybal-Allard Luther Royce Wamp Fossella Livingston adjourns on Wednesday, October 21, 1998, or Fowler LoBiondo Rush Manzullo Salmon Weldon (FL) Fox Lofgren Ryun McDermott Sanford Weldon (PA) Thursday, October 22, 1998, on a motion of- Frank (MA) Lowey Sabo McIntosh Scarborough White fered pursuant to this concurrent resolution Franks (NJ) Lucas Sanchez Mica Schaffer, Bob Wolf by its Majority Leader or his designee, it Frost Maloney (CT) Sanders Miller (CA) Sensenbrenner Yates stand adjourned sine die, or until noon on Furse Maloney (NY) Sandlin Miller (FL) Shays the second day after Members are notified to Gallegly Manton Sawyer reassemble pursuant to section 2 of this con- Saxton NOT VOTING—7 Ganske Markey current resolution. Gejdenson Martinez Schaefer, Dan Fazio Mollohan Stark Gekas Mascara Schumer Hansen Poshard Sec. 2. The Speaker of the House and the Gephardt Matsui Scott Meehan Pryce (OH) Majority Leader of the Senate, acting jointly Gibbons McCarthy (MO) Serrano after consultation with the Minority Leader Gilchrest McCarthy (NY) Sessions b 1945 of the House and the Minority Leader of the Gillmor McCollum Shadegg Mr. BRADY of Texas changed his Senate, shall notify the Members of the Gilman McCrery Shaw House and the Senate, respectively, to reas- Sherman vote from ‘‘yea’’ to ‘‘nay.’’ Gingrich McDade semble whenever, in their opinion, the public Gonzalez McGovern Shimkus So the conference report was agreed Goodlatte McHale Shuster to. interest shall warrant it. Goodling McHugh Sisisky The result of the vote was announced Sec. 3. During any adjournment of the Gordon McInnis Skeen House pursuant to this concurrent resolu- Goss McIntyre Skelton as above recorded. tion, the Speaker, acting after consultation Granger McKeon Slaughter A motion to reconsider was laid on with the Minority Leader, may notify the Green McKinney Smith (OR) the table. Members of the House to reassemble when- Greenwood McNulty Smith (TX) f ever, in his opinion, the public interest shall Gutierrez Meek (FL) Snowbarger warrant it. After reassembling pursuant to Gutknecht Meeks (NY) Snyder PERSONAL EXPLANATION Hall (OH) Menendez Solomon this section, when the House adjourns on any Hall (TX) Metcalf Souder Mrs. PRYCE of Ohio. Mr. Speaker, on Octo- day on a motion offered pursuant to this sec- Hamilton Millender- Spence ber 20, 1998, I was absent due to an illness tion by its Majority Leader or his designee, Harman McDonald Spratt the House shall again stand adjourned pursu- Hastert Mink Stabenow in my family. I received an official leave of ab- sence from the Majority Leader in this regard. ant to the first section of this concurrent Hastings (FL) Moakley Stenholm resolution. Hastings (WA) Moran (KS) Stokes However, had I been present, I would have Hayworth Moran (VA) Strickland voted in the following manner on the following The concurrent resolution was agreed Hefner Morella Sununu to. Herger Murtha Talent legislation: Hill Myrick Tanner H. Res. 605Ðwaiving points of order A motion to reconsider was laid on Hilleary Nadler Tauscher against the conference report to accompany the table. Hilliard Neal Tauzin the bill H.R. 4328 making appropriations for f Hinchey Nethercutt Taylor (NC) Hinojosa Ney Thomas the Department of Transportation and related BANDELIER NATIONAL MONUMENT Hobson Northup Thompson agencies for the fiscal year ending September ADMINISTRATIVE IMPROVEMENT Hooley Norwood Thornberry 30, 1999, and for other purposes (Roll Call AND WATERSHED PROTECTION Horn Nussle Thune No: 536): AYE. Houghton Oberstar Tiahrt ACT OF 1998 Hoyer Obey Tierney H. Res. 604Ðproviding for consideration of Hulshof Olver Torres the bill (S. 1132) to modify the boundaries of Mr. YOUNG of Alaska. Mr. Speaker, Hunter Ortiz Towns the Bandelier National Monument to include pursuant to House Resolution 604, I call Hutchinson Owens Traficant up the Senate bill (S. 1132) to modify Jackson (IL) Oxley Turner the lands within the headwaters of the Upper Jackson-Lee Packard Velazquez Alamo Watershed which drain into the Monu- the boundaries of the Bandelier Na- (TX) Pallone Vento ment and which are not currently within the ju- tional Monument to include the lands Jefferson Parker Visclosky risdiction of a federal land management agen- within the headwaters of the Upper Jenkins Pascrell Walsh Alamo Watershed which drain into the John Pastor Waters cy, to authorize purchase or donation of those Johnson (CT) Paxon Watkins lands, and for other purposes, and for consid- Monument and which are not currently Johnson, E. B. Payne Watt (NC) eration of the bill (S. 2133) an act to preserve within the jurisdiction of a Federal Kasich Pease Watts (OK) land management agency, to authorize Kelly Pelosi Waxman the cultural resources of the Route 66 corridor Kennedy (MA) Peterson (PA) Weller and to authorize the Secretary of the Interior purchase or donation of those lands, Kennedy (RI) Pickering Wexler to provide assistance (Roll Call No. 537): and for other purposes, and ask for its Kennelly Pickett Weygand AYE. immediate consideration. Kildee Pitts Whitfield The Clerk read the title of the Senate Kilpatrick Pombo Wicker H.R. 4328Ðmaking appropriations for the Kim Pomeroy Wilson Department of Transportation and related bill. Kingston Porter Wise agencies for the fiscal year ending September The text of S. 1132 is as follows: Knollenberg Price (NC) Woolsey 30, 1999, and for other purposes (Roll Call S. 1132 Kolbe Quinn Wynn Kucinich Radanovich Young (AK) No. 538): AYE. Be it enacted by the Senate and House of Rep- LaFalce Rahall Young (FL) f resentatives of the United States of America in Lampson Ramstad Congress assembled, PROVIDING FOR ADJOURNMENT SECTION 1. SHORT TITLE. NAYS—95 SINE DIE OF THE CONGRESS ON This Act may be cited as the ‘‘Bandelier Bachus Chabot Ensign WEDNESDAY, OCTOBER 21, 1998, National Monument Administrative Im- Ballenger Christensen Filner OR THURSDAY, OCTOBER 22, 1998 provement and Watershed Protection Act of Barr Coble Frelinghuysen 1998’’. Barrett (WI) Coburn Goode Mr. SOLOMON. Mr. Speaker, I offer a Bartlett Collins Graham privileged concurrent resolution (H. SEC. 2. FINDINGS AND PURPOSES. Barton Condit Hefley Con. Res. 353) and ask for its imme- (a) FINDINGS.—Congress finds that: Bilbray Costello Hoekstra (1) Bandelier National Monument (herein- Blumenauer Crane Holden diate consideration. The Clerk read the concurrent reso- after, the Monument) was established by Boyd Deal Hostettler Presidential proclamation on February 11, Brady (TX) DeFazio Hyde lution, as follows: Burr DeGette Inglis 1916, to preserve the archeological resources H. CON. RES. 353 Campbell Doggett Istook of a ‘‘vanished people, with as much land as Cardin Duncan Johnson (WI) Resolved by the House of Representatives (the may be necessary for the proper protection Castle Ehlers Johnson, Sam Senate concurring), That when the House ad- thereof . . .’’ (No. 1322; 39 Stat. 1746). H11670 CONGRESSIONAL RECORD — HOUSE October 20, 1998 (2) At various times since its establish- SEC. 5. ADMINISTRATION. tershed Protection Act of 1998 when it comes ment, the Congress and the President have The Secretary of the Interior, acting before the House of Representatives. adjusted the Monument’s boundaries and through the Director of the National Park This important legislation, which was in- purpose to further preservation of archeolog- Service, shall manage the national Monu- troduced and has been championed by my ical and natural resources within the Monu- ment, including lands added to the Monu- good friend, Sen. Jeff Bingaman, is essential ment. ment by this Act, in accordance with this in order to better protect Bandelier National (A) On February 25, 1932, the Otowi Section Act and the provisions of law generally ap- Monument, one of the crown jewels of our of the Santa Fe National Forest (some 4,699 plicable to units of National Park System, marvelous National Park System. The bill acres of land) was transferred to the Monu- including the Act of August 25, 1916, an Act authorizes a 955-acre expansion of Bandelier, ment from the Santa Fe National Forest to establish a National Park Service (39 a critical conservation purchase that will se- (Presidential Proclamation No. 1191; 17 Stat. Stat. 535; 16 U.S.C. 1 et seq.), and such spe- cure the last unprotected parcel of the park’s 2503). cific legislation as heretofore has been en- headwaters. Protecting this parcel will pre- (B) In December of 1959, 3,600 acres of acted regarding the Monument. vent destruction of this pristine natural area by development and will prevent impacts to Frijoles Mesa were transferred to the Na- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. tional Park Service from the Atomic Energy Bandelier’s water quality, quantity, and ar- There is authorized to be appropriated cheological sites. The area also includes Committee (hereinafter, AEC) and subse- such sums as may be necessary to carry out Alamo Spring, which is sacred to New Mexi- quently added to the Monument on January the purpose of this Act. co’s Indian pueblos and must be safeguarded. 9, 1991, because of ‘‘pueblo-type archeological The SPEAKER pro tempore (Mr. Funds to acquire these lands have already ruins germane to those in the monument’’ CAMP). Pursuant to House Resolution been set aside by Congress. (Presidential Proclamation No. 3388). 604, the gentleman from Alaska (Mr. I know and cherish our state’s natural her- (C) On May 27, 1963, Upper Canyon, 2,882 YOUNG) and the gentleman from Cali- itage. I have hiked the canyons of Bandelier. acres of land previously administered by the These places must be protected for our fami- AEC, was added to the Monument to pre- fornia (Mr. MILLER) each will control 30 minutes. lies and children, and to preserve our quality serve ‘‘their unusual scenic character to- of life. If I am elected to Congress in Novem- gether with geologic and topographic fea- The Chair recognizes the gentleman ber, I shall be a strong voice for the balanced tures, the preservation of which would im- from Alaska (Mr. YOUNG). protection of the environment and the pres- plement the purposes’’ of the Monument Mr. YOUNG of Alaska. Mr. Speaker, I ervation of America’s magnificent national (Presidential Proclamation No. 3539). yield myself such time as I may con- parks and public lands. (D) In 1976, concerned about upstream land sume. I understand there is good reason for management activities that could result in (Mr. YOUNG of Alaska asked and was Democrats to hesitate on this bill. It was not flooding and erosion in the Monument, Con- given permission to revise and extend introduced early enough to be heard by com- gress included the headwaters of the Rito de mittees in the House, and many contend that los Frijoles and the Can˜ ada de Cochiti Grant his remarks.) it has not received an adequate review. (a total of 7,310 acres) within the Monu- Mr. YOUNG of Alaska. Mr. Speaker, I Moreover, the Republicans have refused to ment’s boundaries (Public Law 94–578; 90 urge my colleagues to support S. 1132. give fair consideration to Democratic bills in Stat. 2732). Mr. Speaker, I rise in support of S. 1132 the final days of the Congress. (E) In 1976, Congress created the Bandelier and urge my colleagues to pass this measure. Some may feel that passage of S. 1132 Wilderness, a 23,267 acres area that covers S. 1132 is a bill introduced by Senator JEFF might benefit my opponent in the upcoming over 70 percent of the Monument. election. I believe that protecting Bandelier BINGAMAN and has a companion bill, H.R. (3) The Monument still has potential is not a partisan issue. More importantly, threats from flooding, erosion, and water 3936 which was introduced by Congressman please believe me when I say that New Mexi- quality deterioration because of the mixed BILL REDMOND, both from the State of New cans already know the truth about who ownership of the upper watersheds, along its Mexico. Mr. BINGAMAN and Mr. REDMOND have should take credit for protecting Bandelier if western border, particularly in Alamo Can- worked hard to develop a bill that will increase S. 1132 passes Congress. My opponent has one yon. the size of Bandelier National Monument and of the worst anti-environmental voting (b) PURPOSE.—The purpose of this Act is to protect its watershed. records in the House of Representatives (he modify the boundary of the Monument to Mr. Speaker, S. 1132 modifies the boundary received a 8% score from the League of Con- allow for acquisition and enhanced protec- to include lands within the upper watershed of servation Voters). What may be achieved tion of the lands within the Monument’s will be achieved in spite of him, not because upper watershed. the Bandelier National Monument which po- of him, and the citizens of New Mexico know SEC. 3. BOUNDARY MODIFICATION. tentially can threaten the Monument with this. Effective on the date of enactment of this flooding, erosion, and water quality. The ex- Protecting Bandelier can’t wait. Please Act, the boundaries of the Monument shall pansion will include approximately 935 acres vote for S. 1132. be modified to include approximately 935 of land and can only be acquired with the con- Sincerely, acres of land comprised of the Elk Meadows sent of the landowner. This boundary expan- TOM UDALL, subdivision, the Gardner parcel, the Clark sion will help enhance and protect the lands Candidate for the parcel, and the Baca Land & Cattle Co. lands House of Represent- within the Upper Alamo watershed as de- within the Bandelier National Monument. atives, 3rd Congres- picted on the National Park Service map en- I urge my colleagues to support S. 1132. sional District of titled ‘‘Proposed Boundary Expansion Map Mr. Speaker, I reserve the balance of New Mexico. Bandlier National Monument’’ dated July, my time. Mr. MILLER of California. Mr. 1997. Such map shall be on file and available Mr. MILLER of California. Mr. Speaker, I yield back the balance of for public inspection in the offices of the Di- Speaker, I yield myself such time as I my time. rector of the National Park Service, Depart- may consume. ment of the Interior. Mr. YOUNG of Alaska. Mr. Speaker, I Mr. Speaker, earlier today I objected yield back the balance of my time. SEC. 4. LAND ACQUISITION. to the consideration of this legislation (a) IN GENERAL.—Except as provided in The SPEAKER pro tempore. The subsections (b) and (c), the Secretary of the because I felt that the minority was Senate bill is considered read for Interior is authorized to acquire lands and being treated unfairly and that this amendment, and pursuant to House interests therein within the boundaries of was a political maneuver to pass this Resolution 604, the previous question is the area added to the Monument by this Act legislation and intended to hold this ordered. by donation, purchase with donated or ap- bill up. As a result of that I received a The Senate bill was ordered to be propriated funds, transfer with another Fed- letter from Mr. Tom Udall who said read a third time, was read the third eral agency, or exchange: Provided, That no that even though this may benefit his time, and passed, and a motion to re- lands or interests therein may be acquired except with the consent of the owner thereof. opponent he asked that we release this consider was laid on the table. (b) STATE AND LOCAL LANDS.—Lands or in- legislation so that it could be passed f terests therein owned by the State of New because of its importance to the State INTERNATIONAL ANTI-BRIBERY Mexico or a political subdivision thereof of New Mexico and to the Nation. It is ACT OF 1998 may only be acquired by donation or ex- an area that he is familiar with. change. The letter referred to is as follows: Mr. BLILEY. Mr. Speaker, I ask (c) ACQUISITION OF LESS THAN FEE INTER- A MESSAGE FROM TOM UDALL TO HOUSE unanimous consent to take from the ESTS IN LAND.—The Secretary may acquire Speaker’s table the Senate bill (S. 2375) less than fee interests in land only if the DEMOCRATS Secretary determines that such less than fee OCTOBER 20, 1998. to amend the Securities Exchange Act acquisition will adequately protect the DEAR REPRESENTATIVE: I urge you to vote of 1934 and the Foreign Corrupt Prac- Monument from flooding, erosion, and deg- for S. 1132, the Bandelier National Monu- tices Act of 1977, to strengthen prohibi- radation of its drainage waters. ment Administrative Improvement and Wa- tions on international bribery and October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11671 other corrupt practices, and for other There was no objection. strictest anti-bribery laws. Americans business purposes, with Senate amendments to The SPEAKER pro tempore. Is there believes this law puts them at a disadvantage the House amendments thereto, dis- objection to the original request of the since most of our trading partners do not have agree to the Senate amendments num- gentleman from Virginia? similarly strong laws against bribery of foreign bered 2 through 6 and concur in the Mr. DINGELL. Mr. Speaker, reserv- officials. Some of our competitors have even Senate amendment numbered 1 with an ing the right to object, I do not think made bribery tax deductible! I believe con- amendment. I would object, but under my reserva- tracts should go to the best competitor, not the The Clerk read the title of the Senate tion, Mr. Speaker, I yield to the gen- biggest briber. bill. tleman from Virginia (Mr. BLILEY). The Clerk read the Senate amend- Mr. BLILEY. Mr. Speaker, with this The Convention has no binding mechanism ments to the House amendments and unanimous-consent request the House to make other nations actually adopt their own the further House amendment as fol- is amending Senate amendments to the anti-bribery laws in accordance with its re- lows: House passed version of S. 2375, the quirements. To help address this potential Senate amendments to House amendments: International Anti-Bribery Act of 1998. problem we added a reporting requirement to Page 21 of the House engrossed amend- Under this unanimous-consent request the legislation. ments, strike out all after line 9 over to and we are disagreeing to five of the Senate Chairman OXLEY and I also added a section including line 5 on page 26. amendments and agreeing to one Sen- Page 26, line 6, of the House engrossed which helps level the playing field with respect amendments, strike out ‘‘SEC. 6’’ and insert ate amendment with an amendment. to the intergovernmental satellite organiza- ‘‘SEC. 5’’. This action reflects the compromise tions, INTELSAT and Inmarsat. No one should Page 28 of the House engrossed amend- reached with the Senate and the ad- be above the law, and this bill seeks to elimi- ments, strike out all after line 3, down to ministration regarding the elimination nate the unfair privileges and immunities of and including line 9. of privileges and immunities afforded these organizations. Further, this legislation Page 28, line 10, of the House engrossed in a governmental organization. The amendments, strike out ‘‘(8) and insert ‘‘(7)’’. ensures the bribery of officials in these organi- Page 28, line 14 of the House engrossed legislation before the House today con- zations will not escape from the coverage of amendments, strike out ‘‘(9)’’ and insert tains several changes from the text of the FCPA until they are pro-competitively ‘‘(8)’’. H.R. 4353 as passed by the House. The privatized. The beneficiaries will not only be Page 28, line 19 of the House engrossed changes delete redundant language in competing private American satellite compa- amendments, strike out ‘‘(10)’’ and insert the legislation with respect to the re- nies and their workers, but also consumers ‘‘(9)’’. quirements contained in international who will see the lower prices that increased House amendment to Senate amend- agreements addressed by the legisla- competition brings. ments: tion, clarify aspects of the President’s In lieu of the matter proposed to be strick- role in implementing the legislation, While there will be no report filed with this en by such amendment strike line 8 on page does not include the Federal Commu- amendment, the Committee report for H.R. 23 of the House engrossed amendments and 4353 explains the sections that were not all that follows through line 2 on page 25 and nications Commission where it already has appropriate statutory authority changed and the managers intend that it be insert the following: considered as legislative history with respect (c) EXTENSION OF LEGAL PROCESS.— and provides a transition period for the (1) IN GENERAL.—Except as required by effective date of a provision eliminat- to the House's views as to the background international agreements to which the ing certain immunities. While there and purpose of this legislation and for those United States is a party, an international or- will be no report filed with this amend- sections discussed in the report and not ganization providing commercial commu- ment, the committee report of H.R. changed in this amendment. See House Rpt. nications services, its officials and employ- 105±802 (October 8, 1998), for H.R. 4353 as ees, and its records shall not be accorded im- 4353 contains explanatory material which we intend to be considered as passed by the House on October 9, 1998. The munity from suit or legal process for any act Committee held a legislative hearing Septem- or omission taken in connection with such legislative history, and we supplement organization’s capacity as a provider, di- this with additional information in the ber 10, 1998, on this bill which should also be rectly or indirectly, of commercial tele- RECORD, including explanation of the considered as part of the legislative history for communications services to, from, or within changes made. this legislation. the United States. Mr. Speaker, I want to thank the The legislation before the House today con- (2) NO EFFECT ON PERSONAL LIABILITY.— gentleman from Massachusetts (Mr. tains several changes from the text of H.R. Paragraph (1) shall not affect any immunity MARKEY) without whose help we would from personal liability of any individual who 4353 as passed by the House. The managers is an official or employee of an international not be here tonight. also intend that the Committee report be con- organization providing commercial commu- Mr. Speaker, I thank the gentleman sidered legislative history with respect to the nications services. from Michigan (Mr. DINGELL) for hav- subsections which were modified, subsections (3) EFFECTIVE DATE.—This subsection shall ing yielded to me for an explanation. 5(c) and 5(d), to the extent it is relevant, and take effect on May 1, 1999. This legislation contains amendments to S. we include here additional explanation such (d) ELIMINATION OR LIMITATION OF EXCEP- 2375 as amended by H.R. 4353, the Inter- changes in order to provide a more complete TIONS.— national Anti-Bribery and Fair Competition Act legislative history for the legislation we are (1) ACTION REQUIRED.—The President shall, of 1998. The House bill passed by voice vote in a manner that is consistent with require- considering today. on October 9, 1998. The Senate sent it back ments in international agreements to which First, subparagraph 5(c)(1) was modified to with some changes taking out provisions we the United States is a party, expeditiously delete redundant terms. Thus the phrase believe are important. Working with the other take all appropriate actions necessary to ``specifically and expressly required by manda- eliminate or to reduce substantially all body and the Administration we have reached tory obligations in international agreements'' privileges and immunities that are accorded an agreement which retains the House lan- was replaced with the phrase ``required by to an international organization described in guage with a few adjustments. subparagraph (A) or (B) of subsection (a)(1), I urge members to support this legislation, international agreements.'' We expect the re- its officials, its employees, or its records, which will help achieve a more equitable and quirements of such agreements to be narrowly and that are not eliminated pursuant to sub- transparent business environment by reducing construed and thus the additional language is section (c). not necessary. A new subparagraph 5(c)(3) (2) DESIGNATION OF AGREEMENTS.—The both foreign bribery and unfair privileges and immunities. While no one should be above the was added to provide a transition period for President shall designate which agreements the organizations described in subparagraph constitute international agreements to law, unfortunately, in the international busi- which the United States is a party for pur- ness environment, some are. 5(a)(1) and their Signatories prior to the elimi- poses of this section. This legislation is designed to help level the nation of privileges and immunities under sec- Mr. BLILEY (during the reading). playing field for American companies doing tion 5(c). This is a transition in terms of effec- Mr. Speaker, I ask unanimous consent business overseas. One way it does this by tive date but should not be construed as pro- that the amendments be considered as implementing the O±E±C±D Convention on viding any immunity for conduct occurring prior read and printed in the RECORD. Combating Bribery of Foreign Public Officials. to the transition date. The SPEAKER pro tempore. Is there It does so by changing our domestic anti-brib- Section 5(d) was also modified. First, sub- objection to the request of the gen- ery law, the Foreign Corrupt Practices Act of paragraph 5(c)(1) was modified to delete re- tleman from Virginia? F±C±P±A. The FCPA is one of the world's dundant terms. Thus the phrase ``specifically H11672 CONGRESSIONAL RECORD — HOUSE October 20, 1998 and expressly required by mandatory obliga- his authority to make the determination as to ests of American workers and American busi- tions in international agreements'' was re- whether the Headquarters Agreement con- ness that this Congress pass legislation this placed with the phrase ``required by inter- stitutes an international agreement for the pur- year implementing the OECD anti-bribery con- national agreements.'' We expect the require- poses of this section be ongoing. This sub- vention. ments of such agreements to be narrowly con- paragraph is not intended to cover any addi- I understand the proposal before us in- strued and thus the additional language is not tional agreements which may be adopted sub- cludes an extraneous matter involving sat- necessary. We intend that immunities in con- sequent to the enactment of this legislation. ellites which represents a compromise with the nection with such organizations activities in This legislation we are considering today is Administration, Comsat, and at least one Sen- connection their capacity as providers, directly particularly important because privileges and ator. My concern is that this is all happening or indirectly, of commercial communication immunities are a competitive advantage of the in the very last minutes of this Congress, and services, will be eliminated. Thus, for example intergovernmental satellite organizations which may jeopardize passage of this legislation. I they would not be immune for bribery of for- harms competition in the United States com- have not heard any definitive commitment eign officials to further their business activities, munications market. from the Leadership of the other body that it violations of antitrust laws or any other laws, Another important aspect of the legislation is intends to consider this matter. subject to the qualifications in this subsection. that it also says that the Foreign Corrupt Prac- Let me explain the legislative situation we Second, subparagraphs 5(d)(1) and 5(d)(2) of tices Act (FCPA) will continue to apply to inter- face. There has never been any controversy H.R. 4353 were combined into one subpara- governmental satellite organizations until they over the provisions in this bill implementing graph. All of the actions required of the Ad- achieve a pro-competitive privatization. The the OECD anti-bribery convention. The only ministration under 5(d)(1) (dealing with immu- legislation sets such pro-competitive privatiza- issue in controversy has been the extraneous nities for suit or legal process in connection tion as U.S. government policy and says that satellite provisions. with such organizations' capacity as a pro- in order for a privatization to be pro-competi- The Senate has now passed legislation rati- vider, directly or indirectly, of commercial tele- tive it must be consistent with ``the United fying and implementing the anti-bribery con- communications services) in H.R. 4353 were States policy of obtaining full and open com- vention on two different occasions, and, both also covered also by 5(d)(2) in H.R. 4353 petition to such organizations (or their succes- times they have passed it without the satellite (which sought elimination or substantial reduc- sors), and non-discriminatory market access, provisions that my good friend Chairman BLI- tion of all immunities not eliminated pursuant in the provision of satellite service.'' See sec- LEY has put in the House bill. The most certain to subparagraph 5(d)(1)). These subsections tion 5(a)(2). Bribery of such organizations is way to ensure enactment of the anti-bribery were combined into a single 5(d)(1) which ap- subject to the FCPA until the President makes legislation would be for my Republican Col- plies to all privileges and immunities. The a certification pursuant to section 5(b)(1), that leagues to concur with the Senate amendment managers intend that the President will vigor- a pro-competitive privatization has been and send that bill to the President. ously and expeditiously pursue the elimination achieved. For the purposes of seciton 5(b)(1) Mr. Speaker, I certainly hope that action on or substantial reduction of such privileges and the President is to make a determination this matter can be completed, because if it's immunities. The reference to the Federal under subparagraph 5(a)(2) as to whether not, American workers and American firms Communications Commission was eliminated such privatization is consistent with the policy that must compete in international markets from this subsection because the Commission described in that subparagraph. where bribery is prevalent, will pay the price. already has the authority under the Commu- Overall, this legislation is designed to re- Mr. Speaker, I withdraw my reserva- nications Act of 1934, as amended, and the duce to the minimum possible level the privi- tion of objection. Communications Satellite Act of 1962, as leges and immunities of the intergovernmental The SPEAKER pro tempore. Is there amended, to condition entry into the U.S. mar- satellite organizations. To the extent such im- objection to the initial request of the ket on waiver of privileges or immunities. Such munities can be eliminated without abrogating gentleman from Virginia? There was no objection. waivers should be required where the Com- international agreements the legislation does mission determines that such immunities result A motion to reconsider was laid on so subject to the May 1, 1999 effective date. the table. in inappropriate or undesirable advantages in To the extent such immunities are not thus f the U.S. market, or where doing so would oth- eliminated, the managers intend the United erwise facilitate the attainment of the policies States to seek their elimination as quickly as GENERAL LEAVE and objectives in this legislation, the Commu- possible using all appropriate measures nec- Mr. BLILEY. Mr. Speaker, I ask nications Satellite Act of 1962 or the Tele- essary to do so. unanimous consent that all Members communications Act of 1934 or would other- I would like to thank Chairman OXLEY for may have 5 legislative days within wise serve the public interest. This includes cosponsoring this legislation, and for helping which to revise and extend their re- but is not limited to conditioning entry by to move it through the Committee process by marks on S. 2375, the Senate bill just COMSAT and other Signatories into the U.S. a voice vote. He has been a leader on inter- considered. domestic market on waiver of immunities. national issues and this is one more example The SPEAKER pro tempore. Is there Conditioning such entry is consistent with ex- of his talents. I am also pleased to have the objection to the request of the gen- isting Commission policy which has been im- input of the Ranking Minority Member, Mr. tleman from Virginia? plemented a number of times in the past as DINGELL. His help made a good bill even bet- There was no objection. described in the background section of the re- ter. I would like to thank as well the Ranking f port on H.R. 4353. The Commission also has Minority Member on the subcommittee, Mr. the authority under the Communications Act of MANTON for his co-sponsorship fine service to GOVERNMENT WASTE, FRAUD, 1934 and the Communications Satellite Act of our Committee. I also wish to thank Mr. MAR- AND ERROR REDUCTION ACT OF 1962 to condition entry to the U.S. market with KEY, who was the first cosponsor joining 1998 respect to services of the organizations de- Chairman OXLEY and I in moving this bill for- Mr. DAVIS of Virginia. Mr. Speaker, scribed in subparagraph 5(a)(1) (or their suc- ward. He and I have worked closely on this I ask unanimous consent that the Com- cessors) in order to obtain the policy set by issue and I greatly appreciate his advocacy mittee on Government Reform and subparagraph 5(a)(2). Subparagraph 5(d)(2) and assistance. Finally, I would also like to Oversight and the Committee on the permits the President to designate which thank Senator BURNS for his cooperation in Judiciary be discharged from further agreements constitute international agree- reaching a final deal and Secretary Daley and consideration of the bill (H.R. 4857) to ments for the purposes of this section. This is his staff and other hardworking Administration reduce waste, fraud, and error in Gov- included for the purpose of allowing the Presi- officials for helping us move this important leg- ernment programs by making improve- dent flexibility as the whether the INTELSAT islation forward. ments with respect to Federal manage- Headquarters Agreement is an international (Mr. DINGELL asked and was given ment and debt collection practices, agreement for the purposes of this section. permission to revise and extend his re- Federal payment systems, Federal ben- Subparagraph 5(d)(2) was included because marks.) efit programs, and for other purposes, some raised a concern whether this agree- Mr. DINGELL. Further reserving the and ask for its immediate consider- ment was an ``international'' agreement since right to object, Mr. Speaker, I support ation. it was an agreement between one nation and the position of the gentleman from Vir- The Clerk read the title of the bill. an international organization. We do not ad- ginia (Mr. BLILEY). The SPEAKER pro tempore. Is there dress this particular question but rather leave Mr. Speaker, I want to make one thing objection to the request of the gen- it to the President to determine and intend that clear: I firmly believe that it is in the vital inter- tleman from Virginia? October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11673 Mr. WAXMAN. Mr. Speaker, reserv- Justice may lack. To address this concern, Sec. 402. Review by Inspectors General. ing the right to object, and I will not Section 201 of this bill amends section 3718 Sec. 403. Requirement to seek seizure and object, but I wanted to take this time of Title 31 to allow the Department of Justice forfeiture of assets securing high value debt. to commend my colleagues, the gen- to retain outside counsel to assist the Depart- TITLE V—FEDERAL PAYMENTS tleman from Virginia (Mr. Davis) and ment in litigation seeking monetary damages, the gentleman from California (Mr. fines, or penalties. Sec. 501. Promoting electronic payments. Horn) for the work in crafting a bipar- Fourth, this bill will authorize agencies to SEC. 2. PURPOSES. The purposes of this Act are the following: tisan bill. I applaud their devotion to sell nontax debts owed to the U.S. in order to (1) To reduce waste, fraud, and error in ensuring that Federal debts are fully reduce delinquent nontax debts held by agen- Federal benefit programs. paid. This bill is a revised version of cies. This will allow federal agencies to obtain (2) To focus Federal agency management H.R. 4243, and we will support this bill the maximum value for loans and debt assets. attention on high-risk programs. and urge our colleagues to do so. In addition, this legislation will provide agen- (3) To better collect debts owed to the I want to commend my colleague, the gen- cies with increased leverage to collect debt United States. tleman from California (Mr. HORN), chairman from certain self-employed professionals. (4) To improve Federal payment systems. of the Subcommittee on Government Manage- Under the bill, agencies will have the authority (5) To improve reporting on Government operations. ment for his recent efforts to craft a bipartisan to deny federal permits or licenses to delin- bill. I applaud his devotion to ensuring that SEC. 3. DEFINITION. quent federal debtors. As used in this Act, the term ‘‘nontax federal debts are fully paid. Fifth, this legislation will dictate greater dis- debt’’ means any debt (within the meaning of This bill, H.R. 4857, is a revised version of closure of high value nontax debts by requir- that term as used in chapter 37 of title 31, H.R. 4243. Chairman HORN has been recep- ing annual reports to Congress. It will also au- United States Code) other than a debt under tive to comments and suggestions raised by thorize agencies to seize the assets of delin- the Internal Revenue Code of 1986 or the Tar- the Administration and our colleagues in the quent nontax debtors who owe the U.S. more iff Act of 1930. other body. In light of their recommendations, than $1 million. SEC. 4. APPLICATION OF ACT. he has revised the bill and improved it in a va- And finally, this legislation improves financial No provision of this Act shall apply to the riety of ways. I support this bill and urge my management by authorizing agencies to ac- Department of the Treasury or the Internal colleagues to do so also. cept electronic payments to satisfy a nontax Revenue Service to the extent that such pro- H.R. 4857 is intended to increase collec- vision— debt owed to the agency. (1) involves the administration of the in- tions on delinquent nontax debt owed to the It is our goal in passing this legislation to ternal revenue laws; or federal government; improve federal payment improve the efficiency of our government and (2) conflicts with the Internal Revenue systems and travel management; and de- to protect the financial interest of the tax- Service Restructuring and Reform Act of crease high value nontax debt totaling over $1 payers by collecting what is rightfully owed. 1998, the Internal Revenue Code of 1986, or million. This legislation will provide the federal This bill makes constructive changes to im- the Tariff Act of 1930. government with new tools to collect nontax prove the performance of the federal govern- TITLE I—GENERAL MANAGEMENT debt over $1 million. The bill would strengthen ment. It makes good sense and is good gov- IMPROVEMENTS the federal government's ability to recover ernment. I urge your support for this measure. SEC. 101. IMPROVING FINANCIAL MANAGEMENT. substantial amounts of taxpayer money. It also (Mr. WAXMAN asked and was given (a) REPEAL.—Section 3515 of title 31, enhances the ability of the Department of Jus- permission to revise and extend his re- United States Code, is amended— tice to pursue civil actions seeking monetary marks.) (1) in subsection (a)— damages, fines, or penalties. Mr. WAXMAN. Mr. Speaker, I with- (A) by striking ‘‘1997’’ and inserting ‘‘1999’’; and More specifically, this legislation will provide draw my reservation of objection. (B) by inserting ‘‘Congress and’’ after ‘‘sub- additional tools for the government to improve The SPEAKER pro tempore. Is there mit to’’; government operations: objection to the request of the gen- (2) by striking subsection (e); and First, the bill contains general management tleman from Virginia? (3) by striking subsections (f), (g), and (h). improvements. It will ensure that Congress There was no objection. (b) EFFECTIVE DATES.— continues to receive agency audited financial The Clerk read the bill, as follows: (1) IN GENERAL.—Except as provided in statements and repeals obsolete provisions of Be it enacted by the Senate and House of Rep- paragraph (2), this section shall take effect the law. The bill will improve travel manage- resentatives of the United States of America in on the date of the enactment of this Act. ment by requiring agencies to use, to the max- Congress assembled, (2) SECRETARY’S WAIVER AUTHORITY.—Sub- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. section (a)(1) of this section shall take effect imum extent possible, travel management cen- March 1, 1998. ters and electronic reservation and payment (a) SHORT TITLE.—This Act may be cited as the ‘‘Government Waste, Fraud, and Error SEC. 102. IMPROVING TRAVEL MANAGEMENT. systems in order to improve efficiency and Reduction Act of 1998’’. (a) LIMITED EXCLUSION FROM REQUIREMENT economy. It will also insure that federal em- (b) TABLE OF CONTENTS.—The table of con- REGARDING OCCUPATION OF QUARTERS.—Sec- ployees are not inappropriately charged taxes tents for this Act is as follows: tion 5911(e) of title 5, United States Code, is on travel expense. Sec. 1. Short title; table of contents. amended by adding at the end the following Second, the bill makes improvement to the Sec. 2. Purposes. new sentence: ‘‘The preceding sentence shall Federal Debt Collection Improvement Act of Sec. 3. Definition. not apply with respect to lodging provided 1996. It clarifies that Social Security payments Sec. 4. Application of Act. under chapter 57 of this title.’’. (b) USE OF TRAVEL MANAGEMENT CENTERS, TITLE I—GENERAL MANAGEMENT can be offset for the collection of child support AGENTS, AND ELECTRONIC PAYMENT SYS- IMPROVEMENTS debt owed to states. These debts, since they TEMS.— are being enforced by a State, were ineligible Sec. 101. Improving financial management. (1) REQUIREMENT TO ENCOURAGE USE.—The for offset, as State debts were specifically ex- Sec. 102. Improving travel management. head of each executive agency shall, with re- cluded from Social Security offset. With this TITLE II—IMPROVING FEDERAL DEBT spect to travel by employees of the agency in correction, states will be able to move forward COLLECTION PRACTICES the performance of the employment duties with implementation of this provision. Sec. 201. Miscellaneous technical correc- by the employee, require, to the extent prac- Third, I am pleased that Representative tions to subchapter II of chap- ticable, the use by such employees of travel ter 37 of title 31, United States management centers, travel agents author- HORN has again agreed to add a provision ized for use by such employees, and elec- that the minority requested that authorizes the Code. Sec. 202. Barring delinquent Federal debtors tronic reservation and payment systems for Department of Justice to obtain the assistance from obtaining Federal bene- the purpose of improving efficiency and of outside counsel in the Department's pursuit fits. economy regarding travel by employees of of monetary claims, including civil fines or Sec. 203. Collection and compromise of the agency. penalties. Due to the growing complexity of liti- nontax debts and claims. (2) PLAN FOR IMPLEMENTATION.—(A) The gation, many lawsuits now require highly spe- TITLE III—SALE OF DEBTS OWED TO Administrator of General Services shall de- cialized expertise. These cases range from in- UNITED STATES velop a plan regarding the implementation of this subsection and shall, after consulta- tricate antitrust cases involving software com- Sec. 301. Authority to sell debts. tion with the heads of executive agencies, Sec. 302. Requirement to sell certain debts. panies to labyrinthine fraud cases involving submit to Congress a report describing such home health care or other types of complex TITLE IV—TREATMENT OF HIGH VALUE plan and the means by which such agency consumer fraud. Outside firms have acquired DEBTS heads plan to ensure that employees use substantial expertise that the Department of Sec. 401. Annual report on high value debts. travel management centers, travel agents, H11674 CONGRESSIONAL RECORD — HOUSE October 20, 1998 and electronic reservation and payment sys- ‘‘(14) In selecting contractors for perform- lows through the matter preceding sub- tems as required by this subsection. ance of collection services, the Secretary of section (i); and (B) The Administrator shall submit the the Treasury shall evaluate bids received (2) by adding at the end the following: plan required under subparagraph (A) not through a methodology that considers the ‘‘For purposes of this subsection, the dis- later than March 31, 1999. bidder’s prior performance in terms of net bursing official for the Department of the (c) PAYMENT OF STATE AND LOCAL TAXES ON amounts collected under government collec- Treasury is the Secretary of the Treasury or TRAVEL EXPENSES.— tion contracts of similar size, if applicable. his or her designee.’’. (1) IN GENERAL.—The Administrator of The frequency of valid debtor complaints (f) CORRECTION OF REFERENCES TO FEDERAL General Services shall ensure that employ- shall also be considered in the evaluation AGENCY.—(1) Sections 3716(c)(6) and 3720A(a), ees of executive agencies are not inappropri- criteria.’’. (b), (c), and (e) of title 31, United States ately charged State and local taxes on travel (2) COLLECTION BY PROGRAM AGENCY.—Sec- Code, are each amended by striking ‘‘Federal expenses, including transportation, lodging, tion 3718 of title 31, United States Code, is agency’’ each place it appears and inserting automobile rental, and other miscellaneous further amended by adding at the end the ‘‘executive, judicial, or legislative agency’’. travel expenses. following: (2) Section 3716(h)(2)(C), of title 31, United (2) REPORT.—Not later than March 31, 1999, ‘‘(h) In attempting to collect under this States Code, is amended by striking ‘‘a Fed- the Administrator shall, after consultation subsection through the use of garnishment eral agency’’ and inserting ‘‘an executive, ju- with the heads of executive agencies, submit any debt owed to the United States, a pri- dicial, or legislative agency’’. to Congress a report describing the steps vate collection contractor shall not be pre- (g) CLARIFICATION OF INAPPLICABILITY OF taken, and proposed to be taken, to carry out cluded from verifying the current place of ACT TO CERTAIN AGENCIES.—Notwithstanding this subsection. employment of the debtor, the location of any other provision of law, no provision in the payroll office of the debtor’s current em- this Act, the Debt Collection Improvement TITLE II—IMPROVING FEDERAL DEBT ployer, the period the debtor has been em- COLLECTION PRACTICES Act of 1996 (chapter 10 of title III of Public ployed by the current employer of the debt- Law 104–134; 31 U.S.C. 3701 note), chapter 37 SEC. 201. MISCELLANEOUS TECHNICAL CORREC- or, and the compensation received by the or subchapter II of chapter 33 of title 31, TIONS TO SUBCHAPTER II OF CHAP- debtor from the current employer of the TER 37 OF TITLE 31, UNITED STATES United States Code, or any amendments debtor. made by such Acts or any regulations issued CODE. ‘‘(i)(1) The head of an executive, judicial, (a) CHILD SUPPORT ENFORCEMENT.—Section thereunder, shall apply to activities carried or legislative agency that contracts with a out pursuant to a law enacted to protect, op- 3716(h)(3) of title 31, United States Code, is private collection contractor to collect a amended to read as follows: erate, and administer any deposit insurance debt owed to the agency, or a guaranty agen- funds, including the resolution and liquida- ‘‘(3) In applying this subsection with re- cy or institution of higher education that spect to any debt owed to a State, other than tion of failed or failing insured depository contracts with a private collection contrac- institutions. past due support being enforced by the State, tor to collect a debt owed under any loan subsection (c)(3)(A) shall not apply.’’. (h) CONTRACTS FOR COLLECTION SERVICES.— program authorized under title IV of the Section 3718 of title 31, United States Code, (b) DEBT SALES.—Section 3711 of title 31, Higher Education Act of 1965, shall include a United States Code, is amended by striking is amended— provision in the contract that the contrac- (1) in the first sentence of subsection subsection (i). tor— (c) GAINSHARING.—Section 3720C(b)(2)(D) of (b)(1)(A), by inserting ‘‘, or any monetary ‘‘(A) shall be subject to penalties under the claim, including any claims for civil fines or title 31, United States Code, is amended by contract if the contractor fails to comply striking ‘‘delinquent loans’’ and inserting penalties, asserted by the Attorney General’’ with any restrictions imposed under applica- before the period; ‘‘debts’’. ble law on the collection activities of debt (d) PROVISIONS RELATING TO PRIVATE COL- (2) in the third sentence of subsection collectors; and LECTION CONTRACTORS.— (b)(1)(A)— ‘‘(B) shall be subject to penalties under the (1) COLLECTION BY SECRETARY OF THE (A) by inserting ‘‘or in connection with contract if the contractor engages in unrea- TREASURY.—Section 3711(g) of title 31, United other monetary claims’’ after ‘‘collection of sonable or abusive debt collection practices States Code, is further amended by adding at claims of indebtedness’’; in connection with the collection of debt the end the following: (B) by inserting ‘‘or claim’’ after ‘‘the in- under the contract. ‘‘(11) In attempting to collect under this debtedness’’; and ‘‘(2) Notwithstanding any other provision (C) by inserting ‘‘or other person’’ after subsection through the use of garnishment of law, a private collection contractor under ‘‘the debtor’’; and any debt owed to the United States, a pri- this section shall not be subject to any li- (3) in subsection (d), by inserting ‘‘or any vate collection contractor shall not be pre- ability or contract penalties in connection cluded from verifying the debtor’s current with efforts to collect a debt owed to an ex- other monetary claim of’’ after ‘‘indebted- employer, the location of the payroll office ecutive, judicial, or legislative agency, or ness owed’’. of the debtor’s current employer, the period owed under any loan program authorized SEC. 202. BARRING DELINQUENT FEDERAL DEBT- the debtor has been employed by the current under title IV of the Higher Education Act of ORS FROM OBTAINING FEDERAL BENEFITS. employer of the debtor, and the compensa- 1965, by reason of actions required by the tion received by the debtor from the current (a) IN GENERAL.—Section 3720B of title 31, contract, or by applicable law or regulations. United States Code, is amended to read as employer of the debtor. ‘‘(j) In evaluating the performance of a follows: ‘‘(12)(A) The Secretary of the Treasury contractor under any contract for the per- shall provide that any contract with a pri- formance of debt collection services entered ‘‘§ 3720B. Barring delinquent Federal debtors vate collection contractor under this sub- into by an executive, judicial, or legislative from obtaining Federal benefits section shall include a provision that the agency, the head of the agency shall consider ‘‘(a)(1) A person shall not be eligible for the contractor shall be subject to penalties the contractor’s gross collections net of com- award or renewal of any Federal benefit de- under the contract— missions (as a percentage of account scribed in paragraph (2) if the person has an ‘‘(i) if the contractor fails to comply with amounts placed with the contractor) under outstanding nontax debt that is in a delin- any restrictions under applicable law regard- the contract. The frequency of valid debtor quent status with any executive, judicial, or ing the collection activities of debt collec- complaints shall also be considered in the legislative agency, as determined under tors; or evaluation criteria. standards prescribed by the Secretary of the ‘‘(ii) if the contractor engages in unreason- ‘‘(k) In selecting contractors for perform- Treasury. Such a person may obtain addi- able or abusive debt collection practices in ance of collection services, the head of an ex- tional Federal benefits described in para- connection with the collection of debt under ecutive, judicial, or legislative agency shall graph (2) only after such delinquency is re- the contract. evaluate bids received through a methodol- solved in accordance with those standards. ‘‘(B) Notwithstanding any other provision ogy that considers the bidder’s prior per- ‘‘(2) The Federal benefits referred to in of law, a private collection contractor under formance in terms of net amounts collected paragraph (1) are the following: this subsection shall not be subject to any li- under government collection contracts of ‘‘(A) Financial assistance in the form of a ability or contract penalties in connection similar size, if applicable. The frequency of loan (other than a disaster loan) or loan in- with efforts to collect a debt pursuant to a valid debtor complaints shall also be consid- surance or guarantee. contract under this subsection by reason of ered in the evaluation criteria.’’. ‘‘(B) Any Federal permit or license other- actions that are required by the contract or (3) CONSTRUCTION.—None of the amend- wise required by law. by applicable law or regulations. ments made by this subsection shall be con- ‘‘(b) The Secretary of the Treasury may ex- ‘‘(13) In evaluating the performance of a strued as altering or superseding the provi- empt any class of claims from the applica- contractor under any contract entered into sions in section 362 of title 11, United States tion of subsection (a) at the request of an ex- under this subsection, the Secretary of the Code or section 6103 of the Internal Revenue ecutive, judicial, or legislative agency. Treasury shall consider the contractor’s Code of 1986. ‘‘(c)(1) The head of any executive, judicial, gross collections net of commissions (as a (e) CLERICAL AMENDMENT.—Section or legislative agency may waive the applica- percentage of account amounts placed with 3720A(h) of title 31, United States Code, is tion of subsection (a) to any Federal benefit the contractor) under the contract. The fre- amended— that is administered by the agency based on quency of valid debtor complaints shall also (1) beginning in paragraph (3), by striking standards promulgated by the Secretary of be considered in the evaluation criteria. the close quotation marks and all that fol- the Treasury. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11675 ‘‘(2) The head of an executive, judicial, or has been undertaken, or in the event of (2) 24 months after referral of the nontax legislative agency may delegate the waiver bankruptcy, death, or disability. debt to the Secretary of the Treasury pursu- authority under paragraph (1) to the chief fi- ‘‘(ii) The head of an executive, judicial, or ant to section 3711(g)(1) of title 31, United nancial officer of the agency. legislative agency may waive the application States Code. Sales under this subsection ‘‘(3) The chief financial officer of an agency of clause (i) to any nontax debt, or class of shall be conducted under the authority in to whom waiver authority is delegated under nontax debts if the head of the agency deter- section 301. paragraph (2) may redelegate that authority mines that the waiver is in the best interest (b) SALE OF NEW LOANS.—The head of each only to the deputy chief financial officer of of the United States. executive, judicial, or legislative agency the agency. The deputy chief financial offi- ‘‘(iii) As used in this subparagraph, the shall sell each loan obligation arising from a cer may not redelegate such authority. term ‘nontax debt’ means any debt other program administered by the agency, not ‘‘(d) As used in this section, the term than a debt under the Internal Revenue Code later than 6 months after the loan is dis- ‘nontax debt’ means any debt other than a of 1986 or the Tariff Act of 1930.’’. bursed, unless the head of the agency deter- debt under the Internal Revenue Code of 1986 TITLE III—SALE OF NONTAX DEBTS OWED mines that the sale would interfere with the or the Tariff Act of 1930.’’. TO UNITED STATES mission of the agency administering the pro- (b) CLERICAL AMENDMENT.—The table of SEC. 301. AUTHORITY TO SELL NONTAX DEBTS. gram under which the loan was disbursed, or sections at the beginning of chapter 37 of the head of the agency, in consultation with (a) PURPOSE.—The purpose of this section title 31, United States Code, is amended by is to provide that the head of each executive, the Director of the Office of Management striking the item relating to section 3720B judicial, or legislative agency shall establish and Budget and the Secretary of the Treas- and inserting the following: a program of nontax debt sales in order to— ury, determines that a longer period is nec- ‘‘3720B. Barring delinquent Federal debtors (1) minimize the loan and nontax debt essary to protect the financial interests of from obtaining Federal bene- portfolios of the agency; the United States. Such loan obligations fits.’’. (2) improve credit management while serv- shall be audited annually in accordance with generally accepted audit standards. Sales (c) CONSTRUCTION.—The amendment made ing public needs; by this section shall not be construed as al- (3) reduce delinquent nontax debts held by under this subsection shall be conducted tering or superseding the provisions in sec- the agency; under the authority in section 301. (c) SALE OF NONTAX DEBTS AFTER TERMI- tion 525 of title 11, United States Code. (4) obtain the maximum value for loan and NATION OF COLLECTION ACTION.—After termi- nontax debt assets; and SEC. 203. COLLECTION AND COMPROMISE OF nating collection action, the head of an exec- NONTAX DEBTS AND CLAIMS. (5) obtain valid data on the amount of the utive, judicial, or legislative agency shall (a) USE OF PRIVATE COLLECTION CONTRAC- Federal subsidy inherent in loan programs sell, using competitive procedures, any TORS AND FEDERAL DEBT COLLECTION CEN- conducted pursuant to the Federal Credit nontax debt or class of nontax debts owed to TERS.—Paragraph (5) of section 3711(g) of Reform Act of 1990 (Public Law 93–344). the United States unless the head of the title 31, United States Code, is amended to (b) SALES AUTHORIZED.—(1) The head of an agency, in consultation with the Director of read as follows: executive, judicial, or legislative agency the Office of Management and Budget and ‘‘(5)(A) Nontax debts referred or trans- may sell, subject to section 504(b) of the Fed- the Secretary of the Treasury, determines ferred under this subsection shall be serv- eral Credit Reform Act of 1990 (2 U.S.C. that the sale is not in the best financial in- iced, collected, or compromised, or collec- 661c(b)) and using competitive procedures, terests of the United States. Such nontax tion action thereon suspended or terminated, any nontax debt owed to the United States debts shall be audited annually in accord- in accordance with otherwise applicable that is administered by the agency. ance with generally accepted audit stand- statutory requirements and authorities. (2) Costs the agency incurs in selling ‘‘(B) The head of each executive agency nontax debt pursuant to this section may be ards. (d) LIMITATIONS.—(1) The head of an execu- that operates a debt collection center may deducted from the proceeds received from tive, judicial, or legislative agency shall not, enter into an agreement with the Secretary the sale. Such costs may include, but are not without the approval of the Attorney Gen- of the Treasury to carry out the purposes of limited to— eral, sell any nontax debt that is the subject this subsection. (A) the costs of any contract for identifica- ‘‘(C) The Secretary of the Treasury shall— tion, billing, or collection services; of an allegation of or investigation for fraud, ‘‘(i) maintain a schedule of private collec- (B) the costs of contractors assisting in the or that has been referred to the Department tion contractors and debt collection centers sale of nontax debt; of Justice for litigation. (2) The head of an executive, judicial, or operated by agencies that are eligible for re- (C) the fees of appraisers, auctioneers, and legislative agency may exempt from sale any ferral of claims under this subsection; realty brokers; class of nontax debts if the head of the agen- ‘‘(ii) maximize collections of delinquent (D) the costs of advertising and surveying; cy determines that the sale would interfere nontax debts by referring delinquent nontax and with the mission of the agency administer- debts promptly; (E) other reasonable costs incurred by the ing the program under which the indebted- ‘‘(iii) maintain competition between pri- agency. ness was incurred. vate collection contractors; (3) Sales of nontax debt under this sec- ‘‘(iv) ensure, to the maximum extent prac- tion— TITLE IV—TREATMENT OF HIGH VALUE ticable, that a private collection contractor (A) shall be for— NONTAX DEBTS to which a nontax debt is referred is respon- (i) cash; or SEC. 401. ANNUAL REPORT ON HIGH VALUE sible for any administrative costs associated (ii) cash and a residuary equity, joint ven- NONTAX DEBTS. with the contract under which the referral is ture, or profit participation, if the head of (a) IN GENERAL.—Not later than 90 days made. the agency, in consultation with the Direc- after the end of each fiscal year, the head of ‘‘(D) As used in this paragraph, the term tor of the Office of Management and Budget each agency that administers a program that ‘nontax debt’ means any debt other than a and the Secretary of the Treasury, deter- gives rise to a delinquent high value nontax debt under the Internal Revenue Code of 1986 mines that the proceeds will be greater than debt shall submit a report to Congress that or the Tariff Act of 1930.’’. the proceeds from a sale solely for cash; lists each such debt. (b) LIMITATION ON DISCHARGE BEFORE USE (B) shall be without recourse against the (b) CONTENT.—A report under this section OF PRIVATE COLLECTION CONTRACTOR OR DEBT United States, but may include the use of shall, for each debt listed in the report, in- COLLECTION CENTER.—Paragraph (9) of sec- guarantees if otherwise authorized by law; clude the following: tion 3711(g) of title 31, United States Code, is and (1) The name of each person liable for the amended— (C) shall transfer to the purchaser all debt, including, for a person that is a com- (1) by redesignating subparagraphs (A) rights of the United States to demand pay- pany, cooperative, or partnership, the names through (H) as clauses (i) through (viii); ment of the nontax debt, other than with re- of the owners and principal officers. (2) by inserting ‘‘(A)’’ after ‘‘(9)’’; spect to a residuary equity, joint venture, or (2) The amounts of principal, interest, and (3) in subparagraph (A) (as designated by profit participation under subparagraph penalty comprising the debt. paragraph (2) of this subsection) in the mat- (A)(ii). (3) The actions the agency has taken to ter preceding clause (i) (as designated by (c) EXISTING AUTHORITY NOT AFFECTED.— collect the debt, and prevent future losses. paragraph (1) of this subsection), by insert- This section is not intended to limit existing (4) Specification of any portion of the debt ing ‘‘and subject to subparagraph (B)’’ after statutory authority of the head of an execu- that has been written-down administratively ‘‘as applicable’’; and tive, judicial, or legislative agency to sell or due to a bankruptcy proceeding. (4) by adding at the end the following: loans, nontax debts, or other assets. (5) An assessment of why the borrower de- ‘‘(B)(i) The head of an executive, judicial, SEC. 302. REQUIREMENT TO SELL CERTAIN faulted. or legislative agency may not discharge a NONTAX DEBTS. (c) DEFINITIONS.—In this section: nontax debt or terminate collection action (a) SALE OF DELINQUENT LOANS.—The head (1) AGENCY.—The term ‘‘agency’’ has the on a nontax debt unless the debt has been re- of each executive, judicial, or legislative meaning that term has in chapter 37 of title ferred to a private collection contractor or a agency shall sell any nontax loan owed to 31, United States Code, as amended by this debt collection center, referred to the Attor- the United States by the later of— Act. ney General for litigation, sold without re- (1) the date on which the nontax debt be- (2) HIGH VALUE NONTAX DEBT.—The term course, administrative wage garnishment comes 24 months delinquent; or ‘‘high value nontax debt’’ means a nontax H11676 CONGRESSIONAL RECORD — HOUSE October 20, 1998

debt having an outstanding value (including SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) SECRETARY’S WAIVER AUTHORITY.—Sub- principal, interest, and penalties) that ex- (a) SHORT TITLE.—This Act may be cited as section (a)(1) of this section shall take effect ceeds $1,000,000. the ‘‘Government Waste, Fraud, and Error March 1, 1998. SEC. 402. REVIEW BY INSPECTORS GENERAL. Reduction Act of 1998’’. SEC. 102. IMPROVING TRAVEL MANAGEMENT. (b) TABLE OF CONTENTS.—The table of con- The Inspector General of each agency shall (a) LIMITED EXCLUSION FROM REQUIREMENT tents for this Act is as follows: review the annual report to Congress re- REGARDING OCCUPATION OF QUARTERS.—Sec- quired in section 401 and make such rec- Sec. 1. Short title; table of contents. tion 5911(e) of title 5, United States Code, is ommendations as necessary to improve per- Sec. 2. Purposes. amended by adding at the end the following formance of the agency. Each Inspector Gen- Sec. 3. Definition. new sentence: ‘‘The preceding sentence shall eral shall periodically review and report to Sec. 4. Application of Act. not apply with respect to lodging provided Congress on the agency’s nontax debt collec- TITLE I—GENERAL MANAGEMENT under chapter 57 of this title.’’. tion management practices. As part of such IMPROVEMENTS (b) USE OF TRAVEL MANAGEMENT CENTERS, reviews, the Inspector General shall examine Sec. 101. Improving financial management. AGENTS, AND ELECTRONIC PAYMENT SYS- agency efforts to reduce the aggregate Sec. 102. Improving travel management. TEMS.— amount of high value nontax debts that are TITLE II—IMPROVING FEDERAL DEBT (1) REQUIREMENT TO ENCOURAGE USE.—The resolved in whole or in part by compromise, COLLECTION PRACTICES head of each executive agency shall, with re- default, or bankruptcy. Sec. 201. Miscellaneous technical correc- spect to travel by employees of the agency in SEC. 403. REQUIREMENT TO SEEK SEIZURE AND tions to subchapter II of chap- the performance of the employment duties FORFEITURE OF ASSETS SECURING ter 37 of title 31, United States by the employee, require, to the extent prac- HIGH VALUE NONTAX DEBT. Code. ticable, the use by such employees of travel The head of an agency authorized to col- Sec. 202. Barring delinquent Federal debtors management centers, travel agents author- lect a high value nontax debt that is delin- from obtaining Federal bene- ized for use by such employees, and elec- quent shall, when appropriate, promptly fits. tronic reservation and payment systems for seek seizure and forfeiture of assets pledged Sec. 203. Collection and compromise of the purpose of improving efficiency and to the United States in any transaction giv- nontax debts and claims. economy regarding travel by employees of the agency. ing rise to the nontax debt. When an agency TITLE III—SALE OF NONTAX DEBTS (2) PLAN FOR IMPLEMENTATION.—(A) The determines that seizure or forfeiture is not OWED TO UNITED STATES appropriate, the agency shall include a jus- Administrator of General Services shall de- Sec. 301. Authority to sell nontax debts. velop a plan regarding the implementation tification for such determination in the re- Sec. 302. Requirement to sell certain nontax port under section 401. of this subsection and shall, after consulta- debts. tion with the heads of executive agencies, TITLE V—FEDERAL PAYMENTS TITLE IV—TREATMENT OF HIGH VALUE submit to Congress a report describing such SEC. 501. PROMOTING ELECTRONIC PAYMENTS. NONTAX DEBTS plan and the means by which such agency (a) EARLY RELEASE OF ELECTRONIC PAY- Sec. 401. Annual report on high value nontax heads plan to ensure that employees use MENTS.—Section 3903(a) of title 31, United debts. travel management centers, travel agents, States Code, is amended— Sec. 402. Review by Inspectors General. and electronic reservation and payment sys- (1) by amending paragraph (1) to read as Sec. 403. Requirement to seek seizure and tems as required by this subsection. follows: forfeiture of assets securing (B) The Administrator shall submit the ‘‘(1) provide that the required payment high value nontax debt. plan required under subparagraph (A) not date is— TITLE V—FEDERAL PAYMENTS later than March 31, 1999. ‘‘(A) the date payment is due under the Sec. 501. Promoting electronic payments. (c) PAYMENT OF STATE AND LOCAL TAXES ON contract for the item of property or service SEC. 2. PURPOSES. TRAVEL EXPENSES.— provided; or The purposes of this Act are the following: (1) IN GENERAL.—The Administrator of ‘‘(B) no later than 30 days after a proper in- (1) To reduce waste, fraud, and error in General Services shall develop a mechanism voice for the amount due is received if a spe- Federal benefit programs. to ensure that employees of executive agen- cific payment date is not established by con- (2) To focus Federal agency management cies are not inappropriately charged State tract;’’; and attention on high-risk programs. and local taxes on travel expenses, including (2) by striking ‘‘and’’ after the semicolon (3) To better collect debts owed to the transportation, lodging, automobile rental, at the end of paragraph (8), by striking the United States. and other miscellaneous travel expenses. period at the end of paragraph (9) and insert- (4) To improve Federal payment systems. (2) REPORT.—Not later than March 31, 1999, ing ‘‘; and’’, and by adding at the end the fol- (5) To improve reporting on Government the Administrator shall, after consultation lowing: operations. with the heads of executive agencies, submit ‘‘(10) provide that the Director of the Office to Congress a report describing the steps SEC. 3. DEFINITION. of Management and Budget may waive the taken, and proposed to be taken, to carry out As used in this Act, the term ‘‘nontax application of requirements under paragraph this subsection. (1) to provide for early payment of vendors in debt’’ means any debt (within the meaning of that term as used in chapter 37 of title 31, TITLE II—IMPROVING FEDERAL DEBT cases where an agency will implement an COLLECTION PRACTICES electronic payment technology which im- United States Code) other than a debt under proves agency cash management and busi- the Internal Revenue Code of 1986 or the Tar- SEC. 201. MISCELLANEOUS TECHNICAL CORREC- iff Act of 1930. TIONS TO SUBCHAPTER II OF CHAP- ness practice.’’. TER 37 OF TITLE 31, UNITED STATES SEC. 4. APPLICATION OF ACT. (b) AUTHORITY TO ACCEPT ELECTRONIC PAY- CODE. No provision of this Act shall apply to the MENT.— (a) CHILD SUPPORT ENFORCEMENT.—Section Department of the Treasury or the Internal (1) IN GENERAL.—Subject to an agreement 3716(h)(3) of title 31, United States Code, is Revenue Service to the extent that such pro- between the head of an executive agency and amended to read as follows: vision— the applicable financial institution or insti- ‘‘(3) In applying this subsection with re- (1) involves the administration of the in- tutions based on terms acceptable to the Di- spect to any debt owed to a State, other than ternal revenue laws; or rector of the Office of Management and past due support being enforced by the State, (2) conflicts with the Internal Revenue Budget, the head of such agency may accept subsection (c)(3)(A) shall not apply.’’. Service Restructuring and Reform Act of an electronic payment, including debit and (b) DEBT SALES.—Section 3711 of title 31, 1998, the Internal Revenue Code of 1986, or credit cards, to satisfy a nontax debt owed to United States Code, is amended by striking the Tariff Act of 1930. the agency. subsection (i). (2) GUIDELINES FOR AGREEMENTS REGARDING TITLE I—GENERAL MANAGEMENT (c) GAINSHARING.—Section 3720C(b)(2)(D) of PAYMENT.—The Director of the Office of Man- IMPROVEMENTS title 31, United States Code, is amended by agement and Budget shall develop guidelines SEC. 101. IMPROVING FINANCIAL MANAGEMENT. striking ‘‘delinquent loans’’ and inserting regarding agreements between agencies and (a) REPEAL.—Section 3515 of title 31, ‘‘debts’’. financial institutions under paragraph (1). United States Code, is amended— (d) PROVISIONS RELATING TO PRIVATE COL- AMENDMENT IN THE NATURE OF A SUBSTITUTE (1) in subsection (a)— LECTION CONTRACTORS.— OFFERED BY MR. DAVIS OF VIRGINIA (A) by striking ‘‘1997’’ and inserting ‘‘1999’’; (1) COLLECTION BY SECRETARY OF THE Mr. DAVIS of Virginia. Mr. Speaker, and TREASURY.—Section 3711(g) of title 31, United I offer an amendment in the nature of (B) by inserting ‘‘Congress and’’ after ‘‘sub- States Code, is further amended by adding at the end the following: a substitute. mit to’’; (2) by striking subsection (e); and ‘‘(11) In attempting to collect under this The Clerk read as follows: (3) by striking subsections (f), (g), and (h). subsection through the use of garnishment Amendment in the nature of a substitute (b) EFFECTIVE DATES.— any debt owed to the United States, a pri- offered by Mr. DAVIS of Virginia: (1) IN GENERAL.—Except as provided in vate collection contractor shall not be pre- Strike all after the enacting clause and in- paragraph (2), this section shall take effect cluded from verifying the debtor’s current sert the following: on the date of the enactment of this Act. employer, the location of the payroll office October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11677 of the debtor’s current employer, the period ecutive, judicial, or legislative agency, or SEC. 202. BARRING DELINQUENT FEDERAL DEBT- the debtor has been employed by the current owed under any loan program authorized ORS FROM OBTAINING FEDERAL employer of the debtor, and the compensa- under title IV of the Higher Education Act of BENEFITS. tion received by the debtor from the current 1965, by reason of actions required by the (a) IN GENERAL.—Section 3720B of title 31, employer of the debtor. contract, or by applicable law or regulations. United States Code, is amended to read as ‘‘(12)(A) The Secretary of the Treasury ‘‘(j) In evaluating the performance of a follows: shall provide that any contract with a pri- contractor under any contract for the per- ‘‘§ 3720B. Barring delinquent Federal debtors vate collection contractor under this sub- formance of debt collection services entered from obtaining Federal benefits section shall include a provision that the into by an executive, judicial, or legislative ‘‘(a)(1) A person shall not be eligible for the contractor shall be subject to penalties agency, the head of the agency shall consider award or renewal of any Federal benefit de- under the contract— the contractor’s gross collections net of com- scribed in paragraph (2) if the person has an ‘‘(i) if the contractor fails to comply with missions (as a percentage of account outstanding nontax debt that is in a delin- any restrictions under applicable law regard- amounts placed with the contractor) under quent status with any executive, judicial, or ing the collection activities of debt collec- the contract. The frequency of valid debtor legislative agency, as determined under tors; or complaints shall also be considered in the standards prescribed by the Secretary of the ‘‘(ii) if the contractor engages in unreason- evaluation criteria. Treasury. Such a person may obtain addi- ‘‘(k) In selecting contractors for perform- able or abusive debt collection practices in tional Federal benefits described in para- ance of collection services, the head of an ex- connection with the collection of debt under graph (2) only after such delinquency is re- ecutive, judicial, or legislative agency shall the contract. evaluate bids received through a methodol- solved in accordance with those standards. ‘‘(B) Notwithstanding any other provision ‘‘(2) The Federal benefits referred to in ogy that considers the bidder’s prior per- of law, a private collection contractor under paragraph (1) are the following: formance in terms of net amounts collected this subsection shall not be subject to any li- ‘‘(A) Financial assistance in the form of a under government collection contracts of ability or contract penalties in connection similar size, if applicable. The frequency of loan (other than a disaster loan) or loan in- with efforts to collect a debt pursuant to a valid debtor complaints shall also be consid- surance or guarantee. contract under this subsection by reason of ered in the evaluation criteria.’’. ‘‘(B) Any Federal permit or license other- actions that are required by the contract or wise required by law. (3) CONSTRUCTION.—None of the amend- by applicable law or regulations. ‘‘(b) The Secretary of the Treasury may ex- ments made by this subsection shall be con- ‘‘(13) In evaluating the performance of a empt any class of claims from the applica- strued as altering or superseding the provi- contractor under any contract entered into tion of subsection (a) at the request of an ex- sions of title 11, United States Code, or sec- under this subsection, the Secretary of the ecutive, judicial, or legislative agency. Treasury shall consider the contractor’s tion 6103 of the Internal Revenue Code of ‘‘(c)(1) The head of any executive, judicial, gross collections net of commissions (as a 1986. or legislative agency may waive the applica- (e) CLERICAL AMENDMENT.—Section percentage of account amounts placed with tion of subsection (a) to any Federal benefit 3720A(h) of title 31, United States Code, is the contractor) under the contract. The fre- amended— that is administered by the agency based on quency of valid debtor complaints shall also (1) beginning in paragraph (3), by striking standards promulgated by the Secretary of be considered in the evaluation criteria. the close quotation marks and all that fol- the Treasury. ‘‘(14) In selecting contractors for perform- ‘‘(2) The head of an executive, judicial, or lows through the matter preceding sub- ance of collection services, the Secretary of legislative agency may delegate the waiver section (i); and the Treasury shall evaluate bids received authority under paragraph (1) to the chief fi- (2) by adding at the end the following: through a methodology that considers the nancial officer of the agency. bidder’s prior performance in terms of net ‘‘For purposes of this subsection, the dis- ‘‘(3) The chief financial officer of an agency amounts collected under government collec- bursing official for the Department of the to whom waiver authority is delegated under tion contracts of similar size, if applicable. Treasury is the Secretary of the Treasury or paragraph (2) may redelegate that authority The frequency of valid debtor complaints his or her designee.’’. only to the deputy chief financial officer of (f) CORRECTION OF REFERENCES TO FEDERAL shall also be considered in the evaluation the agency. The deputy chief financial offi- AGENCY.—(1) Sections 3716(c)(6) and 3720A(a), criteria.’’. cer may not redelegate such authority. (b), (c), and (e) of title 31, United States (2) COLLECTION BY PROGRAM AGENCY.—Sec- ‘‘(d) As used in this section, the term Code, are each amended by striking ‘‘Federal ‘nontax debt’ means any debt other than a tion 3718 of title 31, United States Code, is agency’’ each place it appears and inserting further amended by adding at the end the debt under the Internal Revenue Code of 1986 ‘‘executive, judicial, or legislative agency’’. or the Tariff Act of 1930.’’. following: (2) Section 3716(h)(2)(C), of title 31, United (b) CLERICAL AMENDMENT.—The table of ‘‘(h) In attempting to collect under this States Code, is amended by striking ‘‘a Fed- sections at the beginning of chapter 37 of subsection through the use of garnishment eral agency’’ and inserting ‘‘an executive, ju- title 31, United States Code, is amended by any debt owed to the United States, a pri- dicial, or legislative agency’’. striking the item relating to section 3720B vate collection contractor shall not be pre- (g) CLARIFICATION OF INAPPLICABILITY OF and inserting the following: cluded from verifying the current place of ACT TO CERTAIN AGENCIES.—Notwithstanding employment of the debtor, the location of any other provision of law, no provision in ‘‘3720B. Barring delinquent Federal debtors the payroll office of the debtor’s current em- this Act, the Debt Collection Improvement from obtaining Federal bene- ployer, the period the debtor has been em- Act of 1996 (chapter 10 of title III of Public fits.’’. ployed by the current employer of the debt- Law 104–134; 31 U.S.C. 3701 note), chapter 37 (c) CONSTRUCTION.—The amendment made or, and the compensation received by the or subchapter II of chapter 33 of title 31, by this section shall not be construed as al- debtor from the current employer of the United States Code, or any amendments tering or superseding the provisions of title debtor. made by such Acts or any regulations issued 11, United States Code. ‘‘(i)(1) The head of an executive, judicial, thereunder, shall apply to activities carried SEC. 203. COLLECTION AND COMPROMISE OF or legislative agency that contracts with a out pursuant to a law enacted to protect, op- NONTAX DEBTS AND CLAIMS. private collection contractor to collect a erate, and administer any deposit insurance (a) USE OF PRIVATE COLLECTION CONTRAC- debt owed to the agency, or a guaranty agen- funds, including the resolution and liquida- TORS AND FEDERAL DEBT COLLECTION CEN- cy or institution of higher education that tion of failed or failing insured depository TERS.—Paragraph (5) of section 3711(g) of contracts with a private collection contrac- institutions. title 31, United States Code, is amended to tor to collect a debt owed under any loan (h) CONTRACTS FOR COLLECTION SERVICES.— read as follows: program authorized under title IV of the Section 3718 of title 31, United States Code, ‘‘(5)(A) Nontax debts referred or trans- Higher Education Act of 1965, shall include a is amended— ferred under this subsection shall be serv- provision in the contract that the contrac- (1) in the first sentence of subsection iced, collected, or compromised, or collec- tor— (b)(1)(A), by inserting ‘‘, or any monetary tion action thereon suspended or terminated, ‘‘(A) shall be subject to penalties under the claim, including any claims for civil fines or in accordance with otherwise applicable contract if the contractor fails to comply penalties, asserted by the Attorney General’’ statutory requirements and authorities. with any restrictions imposed under applica- before the period; ‘‘(B) The head of each executive agency ble law on the collection activities of debt (2) in the third sentence of subsection that operates a debt collection center may collectors; and (b)(1)(A)— enter into an agreement with the Secretary ‘‘(B) shall be subject to penalties under the (A) by inserting ‘‘or in connection with of the Treasury to carry out the purposes of contract if the contractor engages in unrea- other monetary claims’’ after ‘‘collection of this subsection. sonable or abusive debt collection practices claims of indebtedness’’; ‘‘(C) The Secretary of the Treasury shall— in connection with the collection of debt (B) by inserting ‘‘or claim’’ after ‘‘the in- ‘‘(i) maintain a schedule of private collec- under the contract. debtedness’’; and tion contractors and debt collection centers ‘‘(2) Notwithstanding any other provision (C) by inserting ‘‘or other person’’ after operated by agencies that are eligible for re- of law, a private collection contractor under ‘‘the debtor’’; and ferral of claims under this subsection; this section shall not be subject to any li- (3) in subsection (d), by inserting ‘‘or any ‘‘(ii) maximize collections of delinquent ability or contract penalties in connection other monetary claim of’’ after ‘‘indebted- nontax debts by referring delinquent nontax with efforts to collect a debt owed to an ex- ness owed’’. debts promptly; H11678 CONGRESSIONAL RECORD — HOUSE October 20, 1998 ‘‘(iii) maintain competition between pri- (3) Sales of nontax debt under this sec- TITLE IV—TREATMENT OF HIGH VALUE vate collection contractors; tion— NONTAX DEBTS ‘‘(iv) ensure, to the maximum extent prac- (A) shall be for— SEC. 401. ANNUAL REPORT ON HIGH VALUE ticable, that a private collection contractor (i) cash; or NONTAX DEBTS. to which a nontax debt is referred is respon- (ii) cash and a residuary equity, joint ven- (a) IN GENERAL.—Not later than 90 days sible for any administrative costs associated ture, or profit participation, if the head of after the end of each fiscal year, the head of with the contract under which the referral is the agency, in consultation with the Direc- each agency that administers a program that made. tor of the Office of Management and Budget gives rise to a delinquent high value nontax ‘‘(D) As used in this paragraph, the term and the Secretary of the Treasury, deter- debt shall submit a report to Congress that ‘nontax debt’ means any debt other than a mines that the proceeds will be greater than lists each such debt. debt under the Internal Revenue Code of 1986 the proceeds from a sale solely for cash; (b) CONTENT.—A report under this section or the Tariff Act of 1930.’’. (B) shall be without recourse against the shall, for each debt listed in the report, in- (b) LIMITATION ON DISCHARGE BEFORE USE United States, but may include the use of clude the following: OF PRIVATE COLLECTION CONTRACTOR OR DEBT guarantees if otherwise authorized by law; (1) The name of each person liable for the COLLECTION CENTER.—Paragraph (9) of sec- and debt, including, for a person that is a com- tion 3711(g) of title 31, United States Code, is (C) shall transfer to the purchaser all pany, cooperative, or partnership, the names amended— rights of the United States to demand pay- of the owners and principal officers. (1) by redesignating subparagraphs (A) ment of the nontax debt, other than with re- (2) The amounts of principal, interest, and through (H) as clauses (i) through (viii); spect to a residuary equity, joint venture, or penalty comprising the debt. (2) by inserting ‘‘(A)’’ after ‘‘(9)’’; profit participation under subparagraph (3) The actions the agency has taken to (3) in subparagraph (A) (as designated by (A)(ii). collect the debt, and prevent future losses. paragraph (2) of this subsection) in the mat- (c) EXISTING AUTHORITY NOT AFFECTED.— (4) Specification of any portion of the debt ter preceding clause (i) (as designated by This section is not intended to limit existing that has been written-down administratively paragraph (1) of this subsection), by insert- statutory authority of the head of an execu- or due to a bankruptcy proceeding. ing ‘‘and subject to subparagraph (B)’’ after tive, judicial, or legislative agency to sell (5) An assessment of why the borrower de- ‘‘as applicable’’; and loans, nontax debts, or other assets. faulted. (4) by adding at the end the following: SEC. 302. REQUIREMENT TO SELL CERTAIN (c) DEFINITIONS.—In this title: ‘‘(B)(i) The head of an executive, judicial, NONTAX DEBTS. (1) AGENCY.—The term ‘‘agency’’ has the or legislative agency may not discharge a (a) SALE OF DELINQUENT LOANS.—The head meaning that term has in chapter 37 of title nontax debt or terminate collection action of each executive, judicial, or legislative 31, United States Code, as amended by this on a nontax debt unless the debt has been re- agency shall sell any nontax loan owed to Act. ferred to a private collection contractor or a the United States by the later of— (2) HIGH VALUE NONTAX DEBT.—The term debt collection center, referred to the Attor- (1) the date on which the nontax debt be- ‘‘high value nontax debt’’ means a nontax ney General for litigation, sold without re- comes 24 months delinquent; or debt having an outstanding value (including course, administrative wage garnishment (2) 24 months after referral of the nontax principal, interest, and penalties) that ex- has been undertaken, or in the event of debt to the Secretary of the Treasury pursu- ceeds $1,000,000. bankruptcy, death, or disability. ant to section 3711(g)(1) of title 31, United SEC. 402. REVIEW BY INSPECTORS GENERAL. ‘‘(ii) The head of an executive, judicial, or States Code. Sales under this subsection legislative agency may waive the application The Inspector General of each agency shall shall be conducted under the authority in review the annual report to Congress re- of clause (i) to any nontax debt, or class of section 301. nontax debts if the head of the agency deter- quired in section 401 and make such rec- (b) SALE OF NEW LOANS.—The head of each ommendations as necessary to improve per- mines that the waiver is in the best interest executive, judicial, or legislative agency of the United States. formance of the agency. Each Inspector Gen- shall sell each loan obligation arising from a eral shall periodically review and report to ‘‘(iii) As used in this subparagraph, the program administered by the agency, not term ‘nontax debt’ means any debt other Congress on the agency’s nontax debt collec- later than 6 months after the loan is dis- tion management practices. As part of such than a debt under the Internal Revenue Code bursed, unless the head of the agency deter- reviews, the Inspector General shall examine of 1986 or the Tariff Act of 1930.’’. mines that the sale would interfere with the agency efforts to reduce the aggregate TITLE III—SALE OF NONTAX DEBTS OWED mission of the agency administering the pro- amount of high value nontax debts that are TO UNITED STATES gram under which the loan was disbursed, or resolved in whole or in part by compromise, SEC. 301. AUTHORITY TO SELL NONTAX DEBTS. the head of the agency, in consultation with default, or bankruptcy. (a) PURPOSE.—The purpose of this section the Director of the Office of Management is to provide that the head of each executive, and Budget and the Secretary of the Treas- SEC. 403. REQUIREMENT TO SEEK SEIZURE AND FORFEITURE OF ASSETS SECURING judicial, or legislative agency shall establish ury, determines that a longer period is nec- HIGH VALUE NONTAX DEBT. a program of nontax debt sales in order to— essary to protect the financial interests of The head of an agency authorized to col- (1) minimize the loan and nontax debt the United States. Such loan obligations lect a high value nontax debt that is delin- portfolios of the agency; shall be audited annually in accordance with quent shall, when appropriate, promptly (2) improve credit management while serv- generally accepted audit standards. Sales seek seizure and forfeiture of assets pledged ing public needs; under this subsection shall be conducted to the United States in any transaction giv- (3) reduce delinquent nontax debts held by under the authority in section 301. ing rise to the nontax debt. When an agency the agency; (c) SALE OF NONTAX DEBTS AFTER TERMI- determines that seizure or forfeiture is not (4) obtain the maximum value for loan and NATION OF COLLECTION ACTION.—After termi- appropriate, the agency shall include a jus- nontax debt assets; and nating collection action, the head of an exec- tification for such determination in the re- (5) obtain valid data on the amount of the utive, judicial, or legislative agency shall port under section 401. Federal subsidy inherent in loan programs sell, using competitive procedures, any conducted pursuant to the Federal Credit nontax debt or class of nontax debts owed to TITLE V—FEDERAL PAYMENTS Reform Act of 1990 (Public Law 93–344). the United States unless the head of the SEC. 501. PROMOTING ELECTRONIC PAYMENTS. (b) SALES AUTHORIZED.—(1) The head of an agency, in consultation with the Director of (a) EARLY RELEASE OF ELECTRONIC PAY- executive, judicial, or legislative agency the Office of Management and Budget and MENTS.—Section 3903(a) of title 31, United may sell, subject to section 504(b) of the Fed- the Secretary of the Treasury, determines States Code, is amended— eral Credit Reform Act of 1990 (2 U.S.C. that the sale is not in the best financial in- (1) by amending paragraph (1) to read as 661c(b)) and using competitive procedures, terests of the United States. Such nontax follows: any nontax debt owed to the United States debts shall be audited annually in accord- ‘‘(1) provide that the required payment that is administered by the agency. ance with generally accepted audit stand- date is— (2) Costs the agency incurs in selling ards. ‘‘(A) the date payment is due under the nontax debt pursuant to this section may be (d) LIMITATIONS.—(1) The head of an execu- contract for the item of property or service deducted from the proceeds received from tive, judicial, or legislative agency shall not, provided; or the sale. Such costs may include, but are not without the approval of the Attorney Gen- ‘‘(B) no later than 30 days after a proper in- limited to— eral, sell any nontax debt that is the subject voice for the amount due is received if a spe- (A) the costs of any contract for identifica- of an allegation of or investigation for fraud, cific payment date is not established by con- tion, billing, or collection services; or that has been referred to the Department tract;’’; and (B) the costs of contractors assisting in the of Justice for litigation. (2) by striking ‘‘and’’ after the semicolon sale of nontax debt; (2) The head of an executive, judicial, or at the end of paragraph (8), by striking the (C) the fees of appraisers, auctioneers, and legislative agency may exempt from sale any period at the end of paragraph (9) and insert- realty brokers; class of nontax debts if the head of the agen- ing ‘‘; and’’, and by adding at the end the fol- (D) the costs of advertising and surveying; cy determines that the sale would interfere lowing: and with the mission of the agency administer- ‘‘(10) provide that the Director of the Office (E) other reasonable costs incurred by the ing the program under which the indebted- of Management and Budget may waive the agency. ness was incurred. application of requirements under paragraph October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11679 (1) to provide for early payment of vendors in AUTHORIZING THE CLERK TO cense, as indicated by the applicant’s inten- cases where an agency will implement an MAKE CORRECTIONS IN ENROLL- tions, plans, and ability to bring the inven- electronic payment technology which im- MENT OF H.R. 3910, AUTOMOBILE tion to practical application or otherwise proves agency cash management and busi- NATIONAL HERITAGE AREA ACT promote the invention’s utilization by the ness practice.’’. public, and that the proposed scope of exclu- (b) AUTHORITY TO ACCEPT ELECTRONIC PAY- Mr. YOUNG of Alaska. Mr. Speaker, I sivity is not greater than reasonably nec- MENT.— ask unanimous consent to take from essary to provide the incentive for bringing (1) IN GENERAL.—Subject to an agreement the Speaker’s table the Senate concur- the invention to practical utilization, as pro- between the head of an executive agency and rent resolution (S. Con. Res. 129) to posed by the applicant, or otherwise to pro- the applicable financial institution or insti- correct a technical error in the enroll- mote the invention’s utilization by the pub- lic; tutions based on terms acceptable to the ment of H.R. 3910, and ask for its im- Secretary of the Treasury, the head of such ‘‘(3) the applicant makes a commitment to mediate consideration in the House. achieve practical utilization of the invention agency may accept an electronic payment, The Clerk read the title of the Senate including debit and credit cards, to satisfy a within a reasonable time, which time may be nontax debt owed to the agency. concurrent resolution. extended by the agency upon the applicant’s (2) GUIDELINES FOR AGREEMENTS REGARDING The SPEAKER pro tempore. Is there request and the applicant’s demonstration PAYMENT.—The Secretary of the Treasury objection to the request of the gen- that the refusal of such extension would be shall develop guidelines regarding agree- tleman from Alaska? unreasonable; ments between agencies and financial insti- The Chair has not received assur- ‘‘(4) granting the license will not tend to tutions under paragraph (1). ances of clearance from the minority substantially lessen competition or create or maintain a violation of the Federal antitrust at this time. Mr. DAVIS of Virginia (during the laws; and Mr. YOUNG of Alaska. Mr. Speaker, reading). Mr. Speaker, I ask unanimous ‘‘(5) in the case of an invention covered by we have been assured of the clearance consent that the amendment in the na- a foreign patent application or patent, the by the minority. There is minority on ture of a substitute be considered as interests of the Federal Government or the floor. They agree with it. United States industry in foreign commerce read and printed in the RECORD. The SPEAKER pro tempore. The re- will be enhanced. The SPEAKER pro tempore. Is there quest of the gentleman is withdrawn. ‘‘(b) MANUFACTURE IN UNITED STATES.—A Federal agency shall normally grant a li- objection to the request of the gen- f tleman from Virginia? cense under section 207(a)(2) to use or sell TECHNOLOGY TRANSFER any federally owned invention in the United There was no objection. COMMERCIALIZATION ACT OF 1998 States only to a licensee who agrees that Mr. DAVIS of Virginia. Mr. Speaker, any products embodying the invention or Mrs. MORELLA. Mr. Speaker, I ask this is a bipartisan piece of legislation produced through the use of the invention unanimous consent that the Commit- will be manufactured substantially in the that passed the House on the suspen- tee on Science be discharged from fur- United States. sion calendar last week. The version ther consideration of the bill (H.R. ‘‘(c) SMALL BUSINESS.—First preference for before us now has been modified to re- the granting of any exclusive or partially ex- 4859) to improve the ability of Federal flect the views of the relevant Senate clusive licenses under section 207(a)(2) shall agencies to license federally owned in- committees of jurisdiction as well as be given to small business firms having equal ventions, and ask for its immediate those of the administration. The bill is or greater likelihood as other applicants to consideration in the House. bring the invention to practical application necessary as uncollected debt owed the The Clerk read the title of the bill. within a reasonable time. Federal Government continues to be a The SPEAKER pro tempore. Is there ‘‘(d) TERMS AND CONDITIONS.—Any licenses major problem. According to the De- objection to the request of the gentle- granted under section 207(a)(2) shall contain partment of Treasury, delinquent such terms and conditions as the granting woman from Maryland? nontax debts owed to the Federal Gov- agency considers appropriate. Such terms There was no objection. and conditions shall include provisions— ernment totaled $51 billion at the end The Clerk read the bill, as follows: of Fiscal Year 1997. ‘‘(1) retaining a nontransferrable, irrev- H.R. 4859 ocable, paid-up license for any Federal agen- Be it enacted by the Senate and House of Rep- cy to practice the invention or have the in- b 2000 resentatives of the United States of America in vention practiced throughout the world by Congress assembled, or on behalf of the Government of the United Of this amount, $47.2 billion was de- States; linquent for more than 180 days. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Technology ‘‘(2) requiring periodic reporting on utiliza- This bill will prove improve the effi- Transfer Commercialization Act of 1998’’. tion of the invention, and utilization efforts, by the licensee, but only to the extent nec- ciency and economy of Federal debt SEC. 2. COOPERATIVE RESEARCH AND DEVELOP- MENT AGREEMENTS. essary to enable the Federal agency to deter- collection practices. It builds on other mine whether the terms of the license are debt collection initiatives and provides Section 12(b)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. being complied with; and the Federal Government with impor- ‘‘(3) empowering the Federal agency to ter- tant debt collection tools. 3710a(b)(1)) is amended by inserting ‘‘or, sub- ject to section 209 of title 35, United States minate the license in whole or in part if the The bill requires agencies to report Code, may grant a license to an invention agency determines that— to Congress on uncollected delinquent which is federally owned, for which a patent ‘‘(A) the licensee is not executing its com- mitment to achieve practical utilization of non-tax debts over $1 million. The bill application was filed before the granting of the license, and directly within the scope of the invention, including commitments con- also authorizes agencies to sell non-tax tained in any plan submitted in support of loans and bar delinquent debtors from the work under the agreement,’’ after ‘‘under the agreement,’’. its request for a license, and the licensee obtaining a Federal permit or license, cannot otherwise demonstrate to the satis- SEC. 3. LICENSING FEDERALLY OWNED INVEN- faction of the Federal agency that it has Federal contract, or other award or re- TIONS. taken, or can be expected to take within a newal of a Federal benefit. H.R. 4857 (a) AMENDMENT.—Section 209 of title 35, reasonable time, effective steps to achieve contains these important provisions United States Code, is amended to read as practical utilization of the invention; and many others designed to improve follows: ‘‘(B) the licensee is in breach of an agree- the efficiency and effectiveness of the ‘‘§ 209. Licensing federally owned inventions ment described in subsection (b); debt collection. ‘‘(a) AUTHORITY.—A Federal agency may ‘‘(C) termination is necessary to meet re- The SPEAKER pro tempore. The grant an exclusive or partially exclusive li- quirements for public use specified by Fed- question is on the amendment in the cense on a federally owned invention under eral regulations issued after the date of the nature of a substitute offered by the section 207(a)(2) only if— license, and such requirements are not rea- ‘‘(1) granting the license is a reasonable sonably satisfied by the licensee; or gentleman from Virginia (Mr. DAVIS). and necessary incentive to— ‘‘(D) the licensee has been found by a court The amendment in the nature of a ‘‘(A) call forth the investment capital and of competent jurisdiction to have violated substitute was agreed to. expenditures needed to bring the invention the Federal antitrust laws in connection to practical application; or The bill was ordered to be engrossed with its performance under the license ‘‘(B) otherwise promote the invention’s agreement. and read a third time, was read the utilization by the public; ‘‘(e) PUBLIC NOTICE.—No exclusive or par- third time, and passed, and a motion to ‘‘(2) the Federal agency finds that the pub- tially exclusive license may be granted reconsider was laid on the table. lic will be served by the granting of the li- under section 207(a)(2) unless public notice of H11680 CONGRESSIONAL RECORD — HOUSE October 20, 1998 the intention to grant an exclusive or par- (B) striking ‘‘section 6(b)’’ and inserting (c) LIMITATION.—Nothing in this Act, nor tially exclusive license on a federally owned ‘‘section 7(b)’’; and any procedures established under this sec- invention has been provided in an appro- (C) striking ‘‘section 6(c)(3)’’ and inserting tion shall provide to the Office of Science priate manner at least 15 days before the li- ‘‘section 7(c)(3)’’; and Technology Policy, the National Science cense is granted, and the Federal agency has (5) in section 11(e)(1) (15 U.S.C. 3710(e)(1)), and Technology Council, or any Federal considered all comments received before the by striking ‘‘in cooperation with Federal agency the authority to disapprove a cooper- end of the comment period in response to Laboratories’’ and inserting ‘‘in cooperation ative research and development agreement that public notice. This subsection shall not with Federal laboratories’’; or joint work statement, under section 12 of apply to the licensing of inventions made (6) in section 11(i) (15 U.S.C. 3710(i)), by the Stevenson-Wydler Technology Innova- under a cooperative research and develop- striking ‘‘a gift under the section’’ and in- tion Act of 1980 (15 U.S.C. 3710a), of another ment agreement entered into under section serting ‘‘a gift under this section’’; Federal agency. 12 of the Stevenson-Wydler Technology Inno- (7) in section 14 (15 U.S.C. 3710c)— SEC. 7. INCREASED FLEXIBILITY FOR FEDERAL vation Act of 1980 (15 U.S.C. 3710a). (A) in subsection (a)(1)(A)(i), by inserting LABORATORY PARTNERSHIP INTER- MEDIARIES. ‘‘(f) PLAN.—No Federal agency shall grant ‘‘, if the inventor’s or coinventor’s rights are Section 23 of the Stevenson-Wydler Tech- any license under a patent or patent applica- assigned to the United States’’ after ‘‘inven- nology Innovation Act of 1980 (15 U.S.C. 3715) tion on a federally owned invention unless tor or coinventors’’; is amended— the person requesting the license has sup- (B) in subsection (a)(1)(B), by striking (1) in subsection (a)(1) by inserting ‘‘, insti- plied the agency with a plan for development ‘‘succeeding fiscal year’’ and inserting ‘‘2 tutions of higher education as defined in sec- and/or marketing of the invention, except succeeding fiscal years’’; and tion 1201(a) of the Higher Education Act of that any such plan may be treated by the (C) in subsection (b)(2), by striking 1965 (20 U.S.C. 1141(a)), or educational insti- Federal agency as commercial and financial ‘‘inventon’’ and inserting ‘‘invention’’; and tutions within the meaning of section 2194 of information obtained from a person and priv- (8) in section 22 (15 U.S.C. 3714), by striking title 10, United States Code’’ after ‘‘small ileged and confidential and not subject to ‘‘sections 11, 12, and 13’’ and inserting ’’sec- business firms’’; and disclosure under section 552 of title 5 of the tions 12, 13, and 14’’. (2) in subsection (c) by inserting ‘‘, institu- United States Code.’’. SEC. 6. REVIEW OF COOPERATIVE RESEARCH tions of higher education as defined in sec- (b) CONFORMING AMENDMENT.—The item re- AND DEVELOPMENT AGREEMENT tion 1201(a) of the Higher Education Act of lating to section 209 in the table of sections PROCEDURES. 1965 (20 U.S.C. 1141(a)), or educational insti- for chapter 18 of title 35, United States Code, (a) REVIEW.—Within 90 days after the date tutions within the meaning of section 2194 of is amended to read as follows: of the enactment of this Act, each Federal title 10, United States Code,’’ after ‘‘small ‘‘209. Licensing federally owned inventions.’’. agency with a Federally funded laboratory that has in effect on that date of enactment business firms’’. SEC. 4. TECHNICAL AMENDMENTS TO BAYH-DOLE SEC. 8. STUDY AND REPORT ON BIOLOGICAL DE- ACT. one or more cooperative research and devel- opment agreements under section 12 of the POSITS IN SUPPORT OF BIO- Chapter 18 of title 35, United States Code TECHNOLOGY PATENTS. Stevenson-Wydler Technology Innovation (popularly known as the ‘‘Bayh-Dole Act’’), (a) IN GENERAL.—Not later than 6 months is amended— Act of 1980 (15 U.S.C. 3710a) shall report to after the date of the enactment of this Act, (1) by amending section 202(e) to read as the Committee on National Security of the the General Accounting Office, in consulta- follows: National Science and Technology Council tion with the United States Patent and ‘‘(e) In any case when a Federal employee and the Congress on the general policies and Trademark Office, shall conduct a study and is a coinventor of any invention made with a procedures used by that agency to gather submit a report to Congress on the potential nonprofit organization or small business and consider the views of other agencies on— risks to the United States biotechnology in- firm, the Federal agency employing such co- (1) joint work statements under section dustry relating to biological deposits in sup- inventor may, for the purpose of consolidat- 12(c)(5)(C) or (D) of the Stevenson-Wydler port of biotechnology patents. ing rights in the invention and if it finds Technology Innovation Act of 1980 (15 U.S.C. (b) CONTENTS.—The study conducted under that it would expedite the development of 3710a(c)(5)(C) or (D)); or this section shall include— the invention— (2) in the case of laboratories described in (1) an examination of the risk of export ‘‘(1) license or assign whatever rights it section 12(d)(2)(A) of the Stevenson-Wydler and the risk of third-party transfer of bio- may acquire in the subject invention to the Technology Innovation Act of 1980 (15 U.S.C. logical deposits, and the risks posed by the nonprofit organization or small business 3710a(d)(2)(A)), cooperative research and de- change to 18-month publication require- firm in accordance with the provisions of velopment agreements under such section 12, ments; this chapter; or with respect to major proposed cooperative (2) an analysis of comparative legal and ‘‘(2) acquire any rights in the subject in- research and development agreements that regulatory regimes; and vention from the nonprofit organization or involve critical national security technology (3) any related recommendations. small business firm, but only to the extent or may have a significant impact on - (c) CONSIDERATION OF REPORT.—In drafting the party from whom the rights are acquired tic or international competitiveness. regulations affecting biological deposits (in- cluding any modification of 37 Code of Fed- voluntarily enters into the transaction and (b) PROCEDURES.—Within one year after the eral Regulations 1.801 et seq.), the United no other transaction under this chapter is date of the enactment of this Act, the Com- States Patent and Trademark Office shall conditioned on such acquisition.’’; and mittee on National Security of the National consider the recommendations of the study (2) in section 207(a)— Science and Technology Council, in conjunc- conducted under this section. (A) by striking ‘‘patent applications, pat- tion with relevant Federal agencies and na- SEC. 9. PROVISIONAL APPLICATIONS. ents, or other forms of protection obtained’’ tional laboratories, shall— (a) ABANDONMENT.—Section 111(b)(5) of and inserting ‘‘inventions’’ in paragraph (2); (1) determine the adequacy of existing pro- title 35, United States Code, is amended to and cedures and methods for interagency coordi- read as follows: (B) by inserting ‘‘, including acquiring nation and awareness with respect to cooper- ‘‘(5) ABANDONMENT.—Notwithstanding the rights for the Federal Government in any in- ative research and development agreements absence of a claim, upon timely request and vention, but only to the extent the party described in subsection (a); and as prescribed by the Commissioner, a provi- from whom the rights are acquired volun- (2) establish and distribute to appropriate sional application may be treated as an ap- tarily enters into the transaction, to facili- Federal agencies— plication filed under subsection (a). Subject tate the licensing of a federally owned inven- (A) specific criteria to indicate the neces- to section 119(e)(3) of this title, if no such re- tion’’ after ‘‘or through contract’’ in para- sity for gathering and considering the views quest is made, the provisional application graph (3). of other agencies on joint work statements shall be regarded as abandoned 12 months SEC. 5. TECHNICAL AMENDMENTS TO THE STE- or cooperative research and development agreements as described in subsection (a); after the filing date of such application and VENSON-WYDLER TECHNOLOGY IN- shall not be subject to revival thereafter.’’. NOVATION ACT OF 1980. and (B) additional procedures, if any, for carry- (b) TECHNICAL AMENDMENT RELATING TO The Stevenson-Wydler Technology Innova- WEEKENDS AND HOLIDAYS.—Section 119(e) of ing out such gathering and considering of tion Act of 1980 is amended— title 35, United States Code, is amended by agency views with respect to cooperative re- (1) in section 4(4) (15 U.S.C. 3703(4)), by adding at the end the following: striking ‘‘section 6 or section 8’’ and insert- search and development agreements de- ‘‘(3) If the day that is 12 months after the ing ‘‘section 7 or 9’’; scribed in subsection (a). filing date of a provisional application falls (2) in section 4(6) (15 U.S.C. 3703(6)), by Procedures established under this subsection on a Saturday, Sunday, or Federal holiday striking ‘‘section 6 or section 8’’ and insert- shall be designed to the extent possible to within the District of Columbia, the period ing ‘‘section 7 or 9’’; use or modify existing procedures, to mini- of pendency of the provisional application (3) in section 5(c)(11) (15 U.S.C. 3704(c)(11)), mize burdens on Federal agencies, to encour- shall be extended to the next succeeding sec- by striking ‘‘State of local governments’’ age industrial partnerships with national ular or business day.’’. and inserting ‘‘State or local governments’’; laboratories, and to minimize delay in the (c) EFFECTIVE DATE.—The amendments (4) in section 9 (15 U.S.C. 3707), by— approval or disapproval of joint work state- made by this section shall apply to a provi- (A) striking ‘‘section 6(a)’’ and inserting ments and cooperative research and develop- sional application filed on or after June 8, ‘‘section 7(a)’’; ment agreements. 1995. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11681 The bill was ordered to be engrossed SEC. 12. FORD CONGRESSIONAL GOLD MEDAL. land in commemoration of the millennium of and read a third time, was read the (a) PRESENTATION AUTHORIZED.—The Presi- the discovery of the New World by Leif third time, and passed, and a motion to dent is authorized to present, on behalf of the Ericsson, the Secretary of the Treasury reconsider was laid on the table. Congress, to Gerald R. and Betty Ford a gold (hereafter in this title referred to as the medal of appropriate design— ‘‘Secretary’’) shall mint and issue not more f (1) in recognition of their dedicated public than 500,000 1 dollar coins, which shall— LEWIS AND CLARK EXPEDITION service and outstanding humanitarian contribu- (1) weigh 26.73 grams; tions to the people of the United States; and (2) have a diameter of 1.500 inches; and BICENTENNIAL COMMEMORATIVE (2) in commemoration of the following occa- (3) contain 90 percent silver and 10 percent COIN ACT sions in 1998: copper. Mr. CASTLE. Mr. Speaker, I ask (A) The 85th anniversary of the birth of Presi- (b) LEGAL TENDER.—The coins minted unanimous consent to take from the dent Ford. under this title shall be legal tender, as pro- vided in section 5103 of title 31, United States Speaker’s table the bill (H.R. 1560) to (B) The 80th anniversary of the birth of Mrs. Ford. Code. require the Secretary of the Treasury (C) The 50th wedding anniversary of Presi- (c) NUMISMATIC ITEMS.—For purposes of to mint coins in commemoration of the dent and Mrs. Ford. section 5136 of title 31, United States Code, bicentennial of the Lewis & Clark Ex- (D) The 50th anniversary of the 1st election of all coins minted under this title shall be con- pedition, and for other purposes, with a Gerald R. Ford to the United States House of sidered to be numismatic items. Senate amendment thereto, and concur Representatives. SEC. 203. SOURCES OF BULLION. in the Senate amendment, with an (E) The 25th anniversary of the approval of The Secretary may obtain silver for mint- amendment. Gerald R. Ford by the Congress to become Vice ing coins under this title from any available The Clerk read the title of the bill. President of the United States. source, including stockpiles established (b) DESIGN AND STRIKING.—For purposes of under the Strategic and Critical Materials The Clerk read the Senate amend- the presentation referred to in subsection (a), Stock Piling Act. ment and the House amendment to the the Secretary of the Treasury shall strike a gold SEC. 204. DESIGN OF COINS. Senate amendment as follows: medal with suitable emblems, devices, and in- (a) DESIGN REQUIREMENTS.— Senate amendment: scriptions to be determined by the Secretary. (1) IN GENERAL.—The design of the coins Page 10, after line 2 insert: (c) AUTHORIZATION OF APPROPRIATION.— minted under this title shall be emblematic SEC. 11. CONGRESSIONAL GOLD MEDALS FOR There are authorized to be appropriated not to of the millennium of the discovery of the THE ‘‘LITTLE ROCK NINE’’. exceed $20,000 to carry out this section. New World by Leif Ericsson. (a) FINDINGS.—The Congress finds that— (d) DUPLICATE MEDALS.— (2) DESIGNATION AND INSCRIPTIONS.—On (1) Jean Brown Trickey, Carlotta Walls La- (1) STRIKING AND SALE.—The Secretary of the each coin minted under this title there shall Nier, Melba Patillo Beals, Terrence Roberts, Treasury may strike and sell duplicates in be— Gloria Ray Karlmark, Thelma Mothershed bronze of the gold medal struck pursuant to this (A) a designation of the value of the coin; Wair, Ernest Green, Elizabeth Eckford, and Jef- section under such regulations as the Secretary (B) an inscription of the year ‘‘2000’’; and ferson Thomas, hereafter in this section referred may prescribe, at a price sufficient to cover the (C) inscriptions of the words ‘‘Liberty’’, to as the ‘‘Little Rock Nine’’, voluntarily sub- cost thereof, including labor, materials, dies, use ‘‘In God We Trust’’, ‘‘United States of Amer- jected themselves to the bitter stinging pains of of machinery, and overhead expenses, and the ica’’, and ‘‘E Pluribus Unum’’. racial bigotry; cost of the gold medal. (b) SELECTION.—The design for the coins (2) the Little Rock Nine are civil rights pio- (2) REIMBURSEMENT OF APPROPRIATION.—The minted under this title shall be— neers whose selfless acts considerably advanced appropriation used to carry out this section (1) selected by the Secretary after con- the civil rights debate in this country; shall be reimbursed out of the proceeds of sales sultation with the Leifur Eirı´ksson Founda- (3) the Little Rock Nine risked their lives to under paragraph (1). tion and the Commission of Fine Arts; and integrate Central High School in Little Rock, (e) NATIONAL MEDALS.—The medals struck (2) reviewed by the Citizens Commemora- Arkansas, and subsequently the Nation; pursuant to this section are national medals for tive Coin Advisory Committee. (4) the Little Rock Nine sacrificed their inno- purposes of chapter 51 of title 31, United States SEC. 205. ISSUANCE OF COINS. cence to protect the American principle that we Code. (a) QUALITY OF COINS.—Coins minted under are all ‘‘one nation, under God, indivisible’’; SEC. 13. 6-MONTH EXTENSION FOR CERTAIN this title shall be issued in uncirculated and (5) the Little Rock Nine have indelibly left SALES. proof qualities. their mark on the history of this Nation; and Notwithstanding section 101(7)(D) of the (b) MINT FACILITY.—Only 1 facility of the (6) the Little Rock Nine have continued to United States Commemorative Coin Act of 1996, United States Mint may be used to strike work toward equality for all Americans. the Secretary of the Treasury may, at any time any particular quality of the coins minted (b) PRESENTATION AUTHORIZED.—The Presi- before January 1, 1999, make bulk sales at a rea- under this title. dent is authorized to present, on behalf of Con- sonable discount to the Jackie Robinson Foun- (c) COMMENCEMENT OF ISSUANCE.—The Sec- gress, to Jean Brown Trickey, Carlotta Walls dation of not less than 20 percent of any de- retary may issue coins minted under this LaNier, Melba Patillo Beals, Terrence Roberts, nomination of proof and uncirculated coins title beginning January 1, 2000. Gloria Ray Karlmark, Thelma Mothershed minted under section 101(7) of such Act which (d) TERMINATION OF MINTING AUTHORITY.— Wair, Ernest Green, Elizabeth Eckford, and Jef- remained unissued as of July 1, 1998, except that No coins may be minted under this title ferson Thomas, commonly referred to the ‘‘Little the total number of coins of any such denomina- after December 31, 2000. Rock Nine’’, gold medals of appropriate design, tion which were issued under such section or SEC. 206. SURCHARGES. in recognition of the selfless heroism that such this section may not exceed the amount of such (a) IN GENERAL.—All sales of coins minted individuals exhibited and the pain they suffered denomination of coins which were authorized to under this title shall include a surcharge of in the cause of civil rights by integrating Cen- be minted and issued under section 101(7)(A) of $10 per coin. tral High School in Little Rock, Arkansas. such Act. (b) DISTRIBUTION.—All surcharges received (c) DESIGN AND STRIKING.—For purposes of House amendment to Senate amend- by the Secretary from the sale of coins the presentation referred to in subsection (b) the ment: issued under this title shall be promptly paid Secretary of the Treasury shall strike a gold by the Secretary to the Leifur Eirı´ksson medal with suitable emblems, devices, and in- In lieu of the matter proposed to be in- Foundation for the purpose of funding stu- scriptions to be determined by the Secretary for serted by the Senate— dent exchanges between students of the each recipient. (1) insert after the enacting clause, the fol- United States and students of Iceland. lowing new heading (and redesignate sec- (d) AUTHORIZATION OF APPROPRIATION.—Ef- (c) AUDITS.—The Leifur Eirı´ksson Founda- fective October 1, 1998, there are authorized to tions 1 through 10 as sections 101 through tion shall be subject to the audit require- be appropriated such sums as may be necessary 110, respectively): ments of section 5134(f)(2) of title 31, United to carry out this section. ‘‘TITLE I—LEWIS AND CLARK EXPEDITION States Code, with regard to the amounts re- (e) DUPLICATE MEDALS.— BICENTENNIAL COIN’’; and ceived by the Foundation under subsection (1) STRIKING AND SALE.—The Secretary of the (2) add at the end the following new title: (b). Treasury may strike and sell duplicates in TITLE II—LEIF ERICSSON MILLENNIUM SEC. 207. GENERAL WAIVER OF PROCUREMENT bronze of the gold medals struck pursuant to COMMEMORATIVE COIN REGULATIONS. this section under such regulations as the Sec- (a) IN GENERAL.—Except as provided in retary may prescribe, at a price sufficient to SEC. 201. SHORT TITLE. subsection (b), no provision of law governing cover the cost thereof, including labor, mate- This title may be cited as the ‘‘Leif procurement or public contracts shall be ap- rials, dies, use of machinery, and overhead ex- Ericsson Millennium Commemorative Coin plicable to the procurement of goods and penses, and the cost of the gold medal. Act’’. services necessary for carrying out the provi- (2) REIMBURSEMENT OF APPROPRIATION.—The SEC. 202. COIN SPECIFICATIONS. sions of this title. appropriation used to carry out this section (a) $1 SILVER COINS.—In conjunction with (b) EQUAL EMPLOYMENT OPPORTUNITY.— shall be reimbursed out of the proceeds of sales the simultaneous mining and issuance of Subsection (a) shall not relieve any person under paragraph (1). commemorative coins by the Republic of Ice- entering into a contract under the authority H11682 CONGRESSIONAL RECORD — HOUSE October 20, 1998 of this Act from complying with any law re- There was no objection. are serious about protecting our Great Lakes lating to equal employment opportunity. The Clerk read the resolution as fol- and will not sit idly by and allow our Great Mr. CASTLE (during the reading). lows: Lakes water to be sold to foreign countries. Mr. Speaker I ask unanimous consent H. RES. 566 This resolution was originally introduced last that the amendments be considered as Whereas the water resources of the Great spring after the Province of Ontario in Canada read and printed in the RECORD. Lakes Basin are precious public natural re- approved a permit that allows the Nova The SPEAKER pro tempore. Is there sources, shared and held in trust by the Group, an Ontario-based company, to divert objection to the request of the gen- Great Lakes States and the Canadian Prov- three billion liters of water from Lake Superior tleman from Delaware? inces; over the next five years and sell it to Asia. There was no objection. Whereas the Great Lakes need to be care- After considerable public outcry against this The SPEAKER pro tempore. Is there fully managed and protected in order to proposal, the Ministry of the Environment of meet current and future water needs within objection to the original request of the Ontario announced that the permit issued to gentleman from Delaware. the Great Lakes Basin and the Canadian Provinces; the Nova Group would be canceled. There was no objection. Recently, however, the Nova Group asked A motion to reconsider was laid on Whereas any new diversions of Great Lakes the Ontario environmental appeal board to the table. waters for use outside of the Great Lakes Basin will have significant adverse effects on overturn the decision withdrawing the permit f the environment, economy, and welfare of and to allow it to proceed with its bid to export DESIGNATION OF HON. CONSTANCE the Great Lakes region; fresh water to several Asian countries. Hear- A. MORELLA TO ACT AS SPEAK- Whereas the Province of Ontario, Canada, ings are scheduled on the permit for this fall. has authorized an Ontario company to divert Allowing the diversion of billions of liters of ER PRO TEMPORE TO SIGN EN- water from the Great Lakes for sale to Asia; ROLLED BILLS AND JOINT RESO- Whereas 4 of the Great Lakes contain water from the Great Lakes would create dan- LUTIONS FOR REMAINDER OF international waters, and are defined as gerous consequences for the Great Lakes re- SECOND SESSION OF ONE HUN- ‘‘boundary waters’’ in the Boundary Waters gion and the United States. DRED FIFTH CONGRESS Treaty of 1909 between the United States and This permit could open the for addi- The SPEAKER pro tempore laid be- Canada, and therefore any new diversion of tional water diversion opportunities, putting the Great Lakes water would affect the relations waters of all the Great Lakes on the world fore the House the following commu- between the Government of the United nication from the Speaker: market. States and the Government of Canada; This could lead to larger scale diversions of WASHINGTON, DC, Whereas as trustees of the Great Lakes Ba- water in the future that could have adverse ef- October 20, 1998. sin’s natural resources, the Great Lakes I hereby designate the Honorable CON- States and Provinces have a shared duty to fects on the environment, economy, and wel- STANCE A. MORELLA to act as Speaker pro protect, conserve, and manage the renewable fare of the Great Lakes region. tempore to sign enrolled bills and joint reso- but finite waters of the Great Lakes Basin H. Res. 566 calls on the President and the lutions for the remainder of the second ses- for the use, benefit, and enjoyment of all Senate to prevent the sale or diversion of sion of the One Hundred Fifth Congress. their citizens, and future generations; and Great Lakes water to foreign countries until it NEWT GINGRICH, Whereas the most effective means of pro- is possible to fully negotiate this proposal and Speaker of the House of Representatives. tecting, conserving, and managing the water its implications. The SPEAKER pro tempore. Without resources of the Great Lakes is through the Mr. Speaker, we could literally be opening objection, the designation is accepted. joint pursuit of unified and cooperative prin- up Pandora's box with the sale of Great Lakes There was no objection. ciples, policies, and programs mutually agreed upon, enacted, and adhered to by each water to foreign countries. We cannot afford to f and every Great Lakes State and Province: turn our Great Lakes into a tradable commod- DISPENSING WITH CALENDAR Now, therefore, be it ity. WEDNESDAY BUSINESS ON TO- Resolved, That it is the sense of the House We must pass this legislation and send the MORROW of Representatives that the President and message to Canada that our Great Lakes are the Senate should act to prevent the sale or not for sale to foreign countries. Mr. BEREUTER. Mr. Speaker, I ask diversion of Great Lakes water to foreign I'd like to thank Chairman GILMAN, Mr. HAM- unanimous consent that the business countries, businesses, corporations, and indi- ILTON, Chairman GALLEGLY, and Mr. ACKER- in order under Calendar Wednesday on viduals until procedures are established to MAN for their help on this matter. I would espe- tomorrow be dispensed with. guarantee that any such sale or diversion is The SPEAKER pro tempore. Is there fully negotiated and approved by representa- cially like to thank Mr. LATOURETTE of Ohio objection to the request of the gen- tives of the United States Government and and Mr. BONIOR of Michigan for their leader- tleman from Nebraska? the Government of Canada, in consultation ship on this issue. There was no objection. with any Great Lakes State or Province that I urge my colleagues to support this non- could be impacted by such a sale or diver- binding resolution. f sion. The SPEAKER pro tempore. The EXPRESSING SENSE OF HOUSE RE- The SPEAKER pro tempore. The gen- question is on the resolution. GARDING SALE OR DIVERSION tleman from New York (Mr. GILMAN) is The resolution was agreed to. OF GREAT LAKES WATER recognized for one hour. A motion to reconsider was laid on Mr. GILMAN. Mr. Speaker, I ask Mr. GILMAN. Mr. Speaker, I yield the table. unanimous consent that the Commit- myself such time as I may consume. f tee on International Relations be dis- Mr. Speaker, I would like to just note AFRICA: SEEDS OF HOPE ACT OF charged from further consideration of that this is a measure introduced by 1998 the resolution (H. Res. 566) expressing the gentleman from Michigan (Mr. Mr. GILMAN. Mr. Speaker, I ask the sense of the House of Representa- STUPAK). The minority on our commit- unanimous consent to take from the tives that the President and the Senate tee asked that committee consider- Speaker’s table the bill (H.R. 4283) to should take the necessary actions to ation be waived so the resolution could support sustainable and broad-based prevent the sale or diversion of Great be brought to the floor today. I am agricultural and rural development in Lakes water to foreign countries, busi- pleased to support the minority’s re- sub-Saharan Africa, and for other pur- nesses, corporations, and individuals quest. poses, with a Senate amendment there- until procedures are established to This resolution has the bipartisan co- to, and concur in the Senate amend- guarantee that any such sale is fully sponsorship of Members from Great ment. negotiated between and approved by Lakes states responding to a unilateral move by a Canadian province to au- The Clerk read the title of the bill. the governments concerned, and ask The Clerk read the Senate amend- for its immediate consideration in the thorize a private company to sell Great Lakes water to Asia. ment, as follows: House. Senate amendment: The Clerk read the title of the resolu- I urge my colleagues to support this Strike out all after the enacting clause and tion. measure. insert: The SPEAKER pro tempore. Is there Mr. STUPAK. Mr. Speaker, H. Res. 566 is SECTION 1. SHORT TITLE; TABLE OF CONTENTS. objection to the request of the gen- a resolution that is meant to send the mes- (a) SHORT TITLE.—This Act may be cited as tleman from New York? sage that we, the House of Representatives, the ‘‘Africa: Seeds of Hope Act of 1998’’. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11683

(b) TABLE OF CONTENTS.—The table of con- commercial development in Africa, such as im- tries, international organizations (including tents is as follows: proving rural roads, agricultural research and multilateral development institutions), and enti- Sec. 1. Short title; table of contents. extension, and providing access to credit and ties assisting microenterprises and shall develop Sec. 2. Findings and declaration of policy. other resources. a comprehensive and coordinated strategy for TITLE I—ASSISTANCE FOR SUB-SAHARAN (10)(A) Several United States private vol- providing microenterprise assistance for sub-Sa- AFRICA untary organizations have demonstrated success haran Africa. in empowering Africans through direct business (2) ADDITIONAL REQUIREMENT.—In carrying Sec. 101. Africa Food Security Initiative. ownership and helping African agricultural pro- out paragraph (1), the Administrator should en- Sec. 102. Microenterprise assistance. ducers more efficiently and directly market their Sec. 103. Support for producer-owned coopera- courage the World Bank Consultative Group to products. tive marketing associations. Assist the Poorest to coordinate the strategy de- (B) Rural business associations, owned and Sec. 104. Agricultural and rural development scribed in such paragraph. controlled by farmer shareholders, also greatly activities of the Overseas Private SEC. 103. SUPPORT FOR PRODUCER-OWNED CO- help agricultural producers to increase their Investment Corporation. OPERATIVE MARKETING ASSOCIA- Sec. 105. Agricultural research and extension household incomes. TIONS. (b) DECLARATION OF POLICY.—It is the policy activities. (a) PURPOSES.—The purposes of this section of the United States, consistent with title XII of are— TITLE II—WORLDWIDE FOOD ASSISTANCE part I of the Foreign Assistance Act of 1961, to (1) to support producer-owned cooperative AND AGRICULTURAL PROGRAMS support governments of sub-Saharan African purchasing and marketing associations in sub- Subtitle A—Nonemergency Food Assistance countries, United States and African non- Saharan Africa; Programs governmental organizations, universities, busi- (2) to strengthen the capacity of farmers in Sec. 201. Nonemergency food assistance pro- nesses, and international agencies, to help en- sub-Saharan Africa to participate in national grams. sure the availability of basic nutrition and eco- and international private markets and to pro- Subtitle B—Bill Emerson Humanitarian Trust nomic opportunities for individuals in sub-Saha- mote rural development in sub-Saharan Africa; Act of 1998 ran Africa, through sustainable agriculture and (3) to encourage the efforts of farmers in sub- rural development. Saharan Africa to increase their productivity Sec. 211. Short title. and income through improved access to farm Sec. 212. Bill Emerson Humanitarian Trust Act. TITLE I—ASSISTANCE FOR SUB-SAHARAN AFRICA supplies, seasonal credit, technical expertise; TITLE III—MISCELLANEOUS PROVISIONS and Sec. 301. Report. SEC. 101. AFRICA FOOD SECURITY INITIATIVE. (4) to support small businesses in sub-Saharan (a) ADDITIONAL REQUIREMENTS IN CARRYING SEC. 2. FINDINGS AND DECLARATION OF POLICY. Africa as they grow beyond microenterprises. OUT THE INITIATIVE.—In providing development (a) FINDINGS.—Congress finds the following: (b) SUPPORT FOR PRODUCER-OWNED COOPERA- assistance under the Africa Food Security Ini- (1) The economic, security, and humanitarian TIVE MARKETING ASSOCIATIONS.— interests of the United States and the nations of tiative, or any comparable or successor program, (1) ACTIVITIES.— sub-Saharan Africa would be enhanced by sus- the Administrator of the United States Agency (A) IN GENERAL.—The Administrator of the tainable, broad-based agricultural and rural de- for International Development— United States Agency for International Develop- (1) shall emphasize programs and projects that velopment in each of the African nations. ment is authorized to utilize relevant foreign as- (2) According to the Food and Agriculture Or- improve the food security of infants, young chil- sistance programs and initiatives for sub-Saha- ganization, the number of undernourished peo- dren, school-age children, women and food-inse- ran Africa to support private producer-owned ple in Africa has more than doubled, from ap- cure households, or that improve the agricul- cooperative marketing associations in sub-Saha- proximately 100,000,000 in the late 1960s to tural productivity, incomes, and marketing of ran Africa, including rural business associations 215,000,000 in 1998, and is projected to increase the rural poor in Africa; that are owned and controlled by farmer share- to 265,000,000 by the year 2010. According to the (2) shall solicit and take into consideration holders. the views and needs of intended beneficiaries Food and Agriculture Organization, the term (B) ADDITIONAL REQUIREMENTS.—In carrying ‘‘under nutrition’’ means inadequate consump- and program participants during the selection, out subparagraph (A), the Administrator— tion of nutrients, often adversely affecting chil- planning, implementation, and evaluation (i) shall take into account small-scale farmers, dren’s physical and mental development, under- phases of projects; small rural entrepreneurs, and rural workers (3) shall favor countries that are implementing mining their future as productive and creative and communities; and reforms of their trade and investment laws and members of their communities. (ii) shall take into account the local-level per- (3) Currently, agricultural production in Afri- regulations in order to enhance free market de- spectives of the rural and urban poor through ca employs about two-thirds of the workforce velopment in the food processing and agricul- close consultation with these groups, consistent but produces less than one-fourth of the gross tural sectors; and with section 496(e)(1) of the Foreign Assistance (4) shall ensure that programs are designed domestic product in sub-Saharan Africa, accord- Act of 1961 (22 U.S.C. 2293(e)(1)). and conducted in cooperation with African and ing to the World Bank Group. (2) OTHER ACTIVITIES.—In addition to carry- (4) African women produce up to 80 percent of United States organizations and institutions, ing out paragraph (1), the Administrator is en- the total food supply in Africa according to the such as private and voluntary organizations, couraged— International Food Policy Research Institute. cooperatives, land-grant and other appropriate (A) to cooperate with governments of foreign (5) An effective way to improve conditions of universities, and local producer-owned coopera- countries, including governments of political the poor is to increase the productivity of the tive marketing and buying associations, that subdivisions of such countries, their agricultural agricultural sector. Productivity increases can have expertise in addressing the needs of the research universities, and particularly with be fostered by increasing research and edu- poor, small-scale farmers, entrepreneurs, and United States nongovernmental organizations cation in agriculture and rural development. rural workers, including women. and United States land-grant universities, that (6) In November 1996, the World Food Summit (b) SENSE OF CONGRESS.—It is the sense of have demonstrated expertise in the development set a goal of reducing hunger worldwide by 50 Congress that, if there is an increase in funding and promotion of successful private producer- percent by the year 2015 and encouraged na- for sub-Saharan programs, the Administrator of owned cooperative marketing associations; and tional governments to develop domestic food the United States Agency for International De- (B) to facilitate partnerships between United plans and to support international aid efforts. velopment should proportionately increase re- States and African cooperatives and private (7) Although the World Bank Group recently sources to the Africa Food Security Initiative, or businesses to enhance the capacity and tech- has launched a major initiative to support agri- any comparable or successor program, for fiscal nical and marketing expertise of business asso- cultural and rural development, only 10 percent, year 2000 and subsequent fiscal years in order to ciations in sub-Saharan Africa. meet the needs of the countries participating in or $1,200,000,000, of its total lending to sub-Sa- SEC. 104. AGRICULTURAL AND RURAL DEVELOP- haran Africa for fiscal years 1993 to 1997 was such Initiative. MENT ACTIVITIES OF THE OVERSEAS devoted to agriculture. SEC. 102. MICROENTERPRISE ASSISTANCE. PRIVATE INVESTMENT CORPORA- (8)(A) United States food processing and agri- (a) BILATERAL ASSISTANCE.—In providing TION. cultural sectors benefit greatly from the liberal- microenterprise assistance for sub-Saharan Afri- (a) PURPOSE.—The purpose of this section is ization of global trade and increased exports. ca, the Administrator of the United States Agen- to encourage the Overseas Private Investment (B) Africa represents a growing market for cy for International Development shall, to the Corporation to work with United States busi- United States food and agricultural products. extent practicable, use credit and microcredit as- nesses and other United States entities to invest Africa’s food imports are projected to rise from sistance to improve the capacity and efficiency in rural sub-Saharan Africa, particularly in less than 8,000,000 metric tons in 1990 to more of agriculture production in sub-Saharan Africa ways that will develop the capacities of small- than 25,000,000 metric tons by the 2020. of small-scale farmers and small rural entre- scale farmers and small rural entrepreneurs, in- (9)(A) Increased private sector investment in preneurs. In providing assistance, the Adminis- cluding women, in sub-Saharan Africa. African countries and expanded trade between trator should use the applied research and tech- (b) SENSE OF CONGRESS.—It is the sense of the United States and Africa can greatly help nical assistance capabilities of United States Congress that— African countries achieve food self-sufficiency land-grant universities. (1) the Overseas Private Investment Corpora- and graduate from dependency on international (b) MULTILATERAL ASSISTANCE.— tion should exercise its authority under law to assistance. (1) IN GENERAL.—The Administrator of the undertake an initiative to support private agri- (B) Development assistance, technical assist- United States Agency for International Develop- cultural and rural development in sub-Saharan ance, and training can facilitate and encourage ment shall continue to work with other coun- Africa, including issuing loans, guaranties, and H11684 CONGRESSIONAL RECORD — HOUSE October 20, 1998 insurance, to support rural development in sub- Subtitle B—Bill Emerson Humanitarian Trust (C) in subsection (b)— Saharan Africa, particularly to support inter- Act of 1998 (i) in the subsection heading, by striking ‘‘RE- mediary organizations that— SEC. 211. SHORT TITLE. SERVE’’ and inserting ‘‘TRUST’’; (A) directly serve the needs of small-scale This subtitle may be cited as the ‘‘Bill Emer- (ii) in paragraph (1)(B), by striking ‘‘reserve,’’ farmers, small rural entrepreneurs, and rural son Humanitarian Trust Act of 1998’’. and inserting ‘‘trust,’’; and producer-owned cooperative purchasing and (iii) in the paragraph heading of paragraph SEC. 212. BILL EMERSON HUMANITARIAN TRUST (2), by striking ‘‘RESERVE’’ and inserting marketing associations; ACT. (B) have a clear track-record of support for ‘‘TRUST’’; and (a) IN GENERAL.—Section 302 of the Agricul- sound business management practices; and (D) in the subsection heading of subsection tural Act of 1980 (7 U.S.C. 1736f–1) is amended— (e), by striking ‘‘RESERVE’’ and inserting (C) have demonstrated experience with (1) in subsection (b)— ‘‘TRUST’’. participatory development methods; and (A) in the subsection heading, by inserting (2) the Overseas Private Investment Corpora- (4) Section 208(d)(2) of the Agricultural Trade OR FUNDS’’ after ‘‘COMMODITIES’’; ‘‘ Suspension Adjustment Act of 1980 (7 U.S.C. tion should utilize existing equity funds, loan (B) in paragraph (1)— 4001(d)(2)) is amended by striking ‘‘Food Secu- and insurance funds, to the extent feasible and (i) in subparagraph (B), by striking ‘‘and’’ at rity Commodity Reserve Act of 1996’’ and insert- in accordance with existing contractual obliga- the end; ing ‘‘Bill Emerson Humanitarian Trust Act (7 tions, to support agriculture and rural develop- (ii) in subparagraph (C), by striking the pe- U.S.C. 1736f–1 et seq.)’’. ment in sub-Saharan Africa. riod at the end and inserting ‘‘; and’’; and SEC. 105. AGRICULTURAL RESEARCH AND EXTEN- (5) Section 901b(b)(3) of the Merchant Marine (iii) by adding at the end the following: Act, 1936 (46 U.S.C. App. 1241f(b)(3)), is amend- SION ACTIVITIES. ‘‘(D) funds made available under paragraph (a) DEVELOPMENT OF PLAN.—The Adminis- ed by striking ‘‘Food Security Wheat Reserve (2)(B) which shall be used solely to replenish Act of 1980 (7 U.S.C. 1736f–1)’’ and inserting trator of the United States Agency for Inter- commodities in the trust.’’; and national Development, in consultation with the ‘‘Bill Emerson Humanitarian Trust Act (7 (C) in paragraph (2) by striking subparagraph U.S.C. 1736f–1 et seq.)’’. Secretary of Agriculture and appropriate De- (B) and inserting the following: partment of Agriculture agencies, especially the ‘‘(B) FUNDS.—Any funds used to acquire eligi- TITLE III—MISCELLANEOUS PROVISIONS Cooperative State, Research, Education and Ex- ble commodities through purchases from produc- SEC. 301. REPORT. tension Service (CSREES), shall develop a com- ers or in the market to replenish the trust shall Not later than 6 months after the date of en- prehensive plan to coordinate and build on the be derived— actment of this Act, the Administrator of the research and extension activities of United ‘‘(i) with respect to fiscal years 2000 through United States Agency for International Develop- States land-grant universities, international ag- 2002 from funds made available to carry out the ment, in consultation with the heads of other ricultural research centers, and national agri- Agricultural Trade Development and Assistance appropriate agencies, shall prepare and submit cultural research and extension centers in sub- Act of 1954 (7 U.S.C. 1691 et seq.) that are used to Congress a report on how the Agency plans Saharan Africa. to repay or reimburse the Commodity Credit Cor- to implement sections 101, 102, 103, 105, and 201 (b) ADDITIONAL REQUIREMENTS.—Such plan poration for the release of eligible commodities of this Act, the steps that have been taken to- shall seek to ensure that— under subsections (c)(2) and (f)(2), except that, ward such implementation, and an estimate of (1) research and extension activities will re- of such funds, not more than $20,000,000 may be all amounts expended or to be expended on re- spond to the needs of small-scale farmers while expended for this purpose in each of the fiscal lated activities during the current and previous developing the potential and skills of research- years 2000 through 2002; and 4 fiscal years. ers, extension agents, farmers, and agribusiness ‘‘(ii) from funds authorized for that use by an persons in sub-Saharan Africa; Mr. GILMAN (during the reading). appropriations Act.’’; Mr. Speaker I ask unanimous consent (2) sustainable agricultural methods of farm- (2) in subsection (c)(2)— ing will be considered together with new tech- (A) by striking ‘‘ASSISTANCE.—Notwithstand- that the Senate amendment be consid- nologies in increasing agricultural productivity ing’’ and inserting the following: ‘‘ASSIST- ered as read and printed in the RECORD. in sub-Saharan Africa; and ANCE.— The SPEAKER pro tempore. Is there (3) research and extension efforts will focus ‘‘(A) IN GENERAL.—Notwithstanding’’; and objection to the request of the gen- on sustainable agricultural practices and will be (B) by adding at the end the following: tleman from New York? adapted to widely varying climates within sub- ‘‘(B) LIMITATION.—The Secretary may release There was no objection. Saharan Africa. eligible commodities under subparagraph (A) The SPEAKER pro tempore. Is there TITLE II—WORLDWIDE FOOD ASSISTANCE only to the extent such release is consistent with objection to the original request of the AND AGRICULTURAL PROGRAMS maintaining the long-term value of the trust.’’; (3) in subsection (d)— gentleman from New York? Subtitle A—Nonemergency Food Assistance (A) in paragraph (1), by striking ‘‘and’’ at the Mr. MENENDEZ. Mr. Speaker, re- Programs end; serving the right to object, and I do not SEC. 201. NONEMERGENCY FOOD ASSISTANCE (B) in paragraph (2), by striking the period at intend to object, but under my reserva- PROGRAMS. the end and inserting ‘‘; and’’; and tion, I yield to the distinguished gen- (a) IN GENERAL.—In providing nonemergency (C) by adding at the end the following: tleman from Nebraska (Mr. BEREUTER). assistance under title II of the Agricultural ‘‘(3) subject to the need for release of commod- Trade Development and Assistance Act of 1954 (Mr. BEREUTER asked and was ities from the trust under subsection (c)(1), for given permission to revise and extend (7 U.S.C. 1721 et seq.), the Administrator of the the management of the trust to preserve the United States Agency for International Develop- value of the trust through acquisitions under his remarks.) ment shall ensure that— subsection (b)(2).’’; and Mr. BEREUTER. Mr. Speaker, I (1) in planning, decisionmaking, and imple- (4) in subsection (f)— thank the gentleman for yielding. mentation in providing such assistance, the Ad- (A) in paragraph (2), by inserting ‘‘OF THE Mr. Speaker, I rise in strong support ministrator takes into consideration local input TRUST’’ after ‘‘REIMBURSEMENT’’ in the heading; of this legislation. It is well-supported and participation directly and through United and in both houses of Congress. States and indigenous private and voluntary or- (B) in paragraph (2)(A), by inserting ‘‘and the Mr. Speaker, the Africa Seeds of Hope Act ganizations; funds shall be available to replenish the trust (2) each of the nonemergency activities de- under subsection (b)’’ before the end period. (H.R. 4383 was originally sponsored by this scribed in paragraphs (2) through (6) of section (b) CONFORMING AMENDMENTS.— Member with the support and assistance of 201 of such Act (7 U.S.C. 1721), including pro- (1) Title III of the Agricultural Act of 1980 (7 the distinguished gentleman from Indiana (Mr. grams that provide assistance to people of any U.S.C. 1736f–1 et seq.) is amended by striking the HAMILTON) and many other Members from age group who are otherwise unable to meet title heading and inserting the following: both sides of the aisle, including Chairman their basic food needs (including feeding pro- BEN GILMAN. This legislation is non-controver- grams for the disabled, orphaned, elderly, sick ‘‘TITLE III—BILL EMERSON and dying), are carried out; and HUMANITARIAN TRUST’’. sial legislation with strong bipartisan support in (3) greater flexibility is provided for program (2) Section 301 of the Agricultural Act of 1980 the House and Senate, tremendous grass- and evaluation plans so that such assistance (7 U.S.C. 1736f–1 note) is amended to read as fol- roots support throughout the nation, and sup- may be developed to meet local needs, as pro- lows: port from the Administration including the vided for in section 202(f) of such Act (7 U.S.C. ‘‘SEC. 301. SHORT TITLE. United States Department of Agriculture. It 1722(f)). ‘‘This title may be cited as the ‘Bill Emerson previously passed the House on voice vote on (b) OTHER REQUIREMENTS.—In providing as- Humanitarian Trust Act’.’’. September 28, 1998. The Senate passed it sistance under the Agriculture Trade Develop- (3) Section 302 of the Agricultural Act of 1980 this morning with very modest changes, which ment and Assistance Act of 1954, the Secretary (7 U.S.C. 1736f–1) is amended— have bipartisan support in the House. The of Agriculture and the Administrator of United (A) in the section heading, by striking ‘‘re- States Agency for International Development serve’’ and inserting ‘‘trust’’; changes include deletion of some findings shall ensure that commodities are provided in a (B) by striking ‘‘reserve’’ each place it ap- clauses and a sunset provision for the Bill manner that is consistent with sections 403 (a) pears (other than in subparagraphs (A) and (B) Emerson Humanitarian Trust. The sunset pro- and (b) of such Act (7 U.S.C. 1733 (a) and (b)). of subsection (b)(1)) and inserting ‘‘trust’’; vision, added at the request of the Senate October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11685 Budget Committee, insures that the operation from Ethiopia as saying ``You cannot detach grams that are cost-effective and ultimately and funding of this food aid trust will be revis- economic development from food self-suffi- succeed in graduating people and countries ited in the next farm bill. ciency.'' That profound truth is the essence of from those programs. Mr. Speaker, as the sponsor of this legisla- the Africa Seeds of Hope Act. Finally, H.R. 4283 also establishes a Bill tion, this Member would like to make clear that There may be some people who believe or Emerson Humanitarian Trust in honor of the Section 212 of this legislation is a mechanism give the impression they believe that an admit- late, distinguished and much admired Con- to enable USDA to fill the Bill Emerson Hu- tedly very important trade liberalization effort gressman from Missouri who was a leader on manitarian Trust with funds or commodities alone can remedy all of Africa's woes. And, America's food aid efforts. This important that represent repayments to the Commodity equally wrongheaded are some in the non- mechanism allows the United States Depart- Credit Corporation. The intent of this section is governmental organization community who ini- ment of Agriculture to purchase surplus agri- to enable USDA to use the $20 million annual tially expressed their opposition to trade liber- cultural commodities when prices are low, iso- limit in funds or commodities to fill the trust alization, saying it would only hurt Africa's late them from the market, and distribute them and use it in times of emergencies. Therefore, poor. The Africa Seeds of Hope Act bridges at times of international disasters and famines. 212(a) is an annual limitation only on inflows these disparate and unnecessarily conflicting This cost-effective mechanism is especially to the trust (capped at $20 million annually) ideological points of view with a reconciling beneficial to U.S. farmers because it takes while outflows from the trust have no annual view. That view is that liberalized trade plus U.S. commodities off of the market when com- limitation and can equal the cumulative targeted foreign assistance to Africa's small modity prices are at their lowest, such as now. amount of the trust in any one year. farmers, together, can best help Sub-Saharan The Bill Emerson Humanitarian Trust is a wor- The Africa Seeds of Hope Act (H.R. 4283) Africa prosper. thy tribute to our late colleague, and this Mem- was introduced by this Member on July 21, Several months ago, with this Member's ber would like to thank the distinguished gen- 1998, with the support of the distinguished support, the House of Representatives passed tlewomen from Missouri (Mrs. EMERSON) for gentleman from Indiana, the Ranking Demo- the African Trade Growth and Opportunities allowing us to further honor her late husband crat on the House International Relations Act. In doing so, the House took the very im- in this manner. Committee (Mr. HAMILTON). It is the successor portant step toward greater trade with a con- Finally, this Member would like to thank the bill to H.R. 3636, which was introduced on tinent in desperate need of private-sector led distinguished gentlewoman from California April 1, 1998. Because of some confusion re- economic growth. By focusing on sustainable (MAXINE WATERS), the distinguished gentle- garding the two bills, this Member regrets that agriculture, research, rural finance, and food woman from Georgia (CYNTHIA MCKINNEY) and a few Members of Congress who wanted to security, the Africa Seeds of Hope Act is di- the distinguished gentlewoman from North be listed as a co-sponsor of H.R. 4283 were rectly aimed at helping the 76 percent of the Carolina (EVA CLAYTON) for their special effort not added prior to the House passage of this Sub-Sharan African people who are small with the Congressional Black Caucus on be- legislation. Therefore, this Member would like farmers thus providing another important step half of the Africa Seeds of Hope Act. And this to recognize that the distinguished gentleman towards increased African trade. Improving the Member would like to thank the distinguished from Massachusetts (Mr. DELAHUNT) strongly efficiency of these farmers is crucial to ensur- woman from Connecticut (NANCY JOHNSON) supported this legislation and would have liked ing that our overall trade strategy is success- and the distinguished women from the District to have been added as a co-sponsor. ful. As a longtime supporter of aid to Africa of Columbia (ELEANOR HOLMES NORTON) for This legislation was overwhelmingly passed through the creation of the Development Fund their work with the Congressional Woman's by the House Committee on International Re- for Africa and other mechanisms, this Member Caucus on behalf of this legislation. lations on July 22, 1998, and it was dis- will tell his colleagues that this Member be- In conclusion Mr. Speaker, the Africa Seeds charged by the House Committee on Agri- lieves H.R. 4283Ðin conjunction with any new of Hope Act is legislation that benefits farmers culture on September 11, 1998. Africa trade initiativesÐwill help coordinate in Africa as well as the United States. The Africa Seeds of Hope Act helps U.S. and focus America's resources on both trade Mr. MENENDEZ. Mr. Speaker, con- agriculture while promoting sustainable devel- and aid in Africa. tinuing my reservation of objection, I opment in Sub-Saharan Africa so Africans can If trade is to prosper in Sub-Saharan Africa, yield to the gentleman from New York be less dependent on U.S. humanitarian as- we need to better direct our scarce aid re- (Mr. GILMAN). sistance in the future. That is why H.R. 4283 sources so that they stimulate private sector Mr. GILMAN. Mr. Speaker, this is a has the support of both agricultural and hu- investment or help ease the suffering in those very significant measure. I rise in sup- manitarian organizations and the United places either overlooked by the private sector port of the measure, and I thank the States Department of Agriculture. This win-win or suffering from natural disasters. Our legisla- gentleman from Nebraska (Mr. BEREU- combination of grass roots supporters has tion attempts to refine our assistance pro- TER) for bringing it to the floor at this been the foundation of America's long-term, grams for Sub-Saharan Africa and ensure that time. good-will building, humanitarian food aid ef- agriculture and rural development are not ne- Mr. MENENDEZ. Mr. Speaker, I forts since World War II. glected. For example, this legislation requires would be happy to further add my voice Mr. Speaker, the predominant organization the Agency for International Development of support. responsible for stimulating the creation and (AID) to reverse its negative funding trend for Mr. Speaker, I withdraw my reserva- support for this legislation is the organization international agricultural research and devel- tion of objection. Bread for the World, a nondenominational opment. This will address the legitimate con- The SPEAKER pro tempore. Is there Christian organization led by Rev. David Beck- cern of U.S. land grant institutions that the objection to the initial request of the mann. Agency for International Development was in- gentleman from New York? The Africa Seeds of Hope Act has been en- creasingly ignoring sustainable agriculture in There was no objection. dorsed by over 220 agricultural and humani- its development mandate. Also, the micro- A motion to reconsider was laid on tarian organizations including: the Association enterprise program is recognized by this legis- the table. for International Agriculture and Rural Devel- lation and emphasized as an excellent tool to f opment (AIARD), the Coalition for Food Aid, help remedy rural finance and investment numerous land grant colleges, InterAction and shortcoming in Sub-Saharan Africa. IRAN NUCLEAR PROLIFERATION major U.S. private voluntary agencies such as Moreover, H.R. 4283 attempts to better co- PREVENTION ACT OF 1998 CARE, World Vision, ACDI/VOCA, Catholic ordinate our international agricultural research Mr. GILMAN. Mr. Speaker, I ask Relief Services, Technoserve, Africare, programs with our domestic agricultural re- unanimous consent that the Commit- OXFAM, Islamic African Relief Agency USA, search so that farmers in Africa, as well as tee on International Relations be dis- and the Mormon World Hunger Committee. In farmers in the United States, can benefit from charged from further consideration of addition, this legislation has the support of AID funded agricultural research. The Africa the bill (H.R. 4851) to withhold vol- most Christian denominations, Catholic reli- Seeds of Hope Act refocuses our food assist- untary proportional assistance for pro- gious communities, and mission groups. And, ance programs on long-term development as- grams and projects of the International editorial pages from over twenty major news- sistance instead of being evaluated on the Atomic Energy Agency relating to the papers across the country have endorsed H.R. basis of short-term or immediate results that development and completion of the 4283. are often antithetical to their original purpose. Bushehr nuclear power plant in Iran, Mr. Speaker, a recent article in the Wash- This will enable non-governmental organiza- and for other purposes, and ask for its ington Post entitled ``Africa's Agricultural Re- tions and private voluntary organizations to immediate consideration in the House. birth'' quoted a Vice-Minister of Agriculture design and implement food assistance pro- The Clerk read the title of the bill. H11686 CONGRESSIONAL RECORD — HOUSE October 20, 1998 The SPEAKER pro tempore. Is there nuclear weapons program which could pose a agreed in principle to the construction of objection to the request of the gen- threat to the U.S. or its allies. two more reactors at the Bushehr site. tleman from New York? The bill also establishes two reporting re- (10) At least one reactor could be oper- Mr. MENENDEZ. Mr. Speaker, re- quirements. One will provide the Congress ational within a few years and it would sub- sequently provide Iran with substantial ex- serving the right to object, and I do not with a comprehensive report on IAEA assist- pertise to advance its nuclear weapons pro- intend to object, but I want to thank ance to Iran. The second requirement directs gram. the distinguished chairman of the Com- the Secretary of State to review IAEA pro- (11) Iran ranks tenth among the 105 nations mittee on International Relations for grams and ensure that they are consistent receiving assistance from the technical co- assisting us in bringing this bill to the with U.S. nuclear non-proliferation and safety operation program of the International floor today, and also the gentleman goals. Based on that review, the Secretary Atomic Energy Agency. from Indiana (Mr. HAMILTON) and the shall direct the U.S. representative to the IAEA (12) Between 1995 and 1999, the Inter- leadership of both parties for agreeing to oppose establishing any programs that is national Atomic Energy Agency has pro- vided and is expected to provide a total of to bring this important bill to the floor not consistent with U.S. policy. $1,550,000 through its Technical Assistance by unanimous consent. Accordingly, I urge my colleagues to support and Cooperation Fund for the Iranian nu- The bill sends a strong message to this bill. clear power program, including reactors at Iran about its efforts to develop nu- Mr. MENENDEZ. Mr. Speaker, I the Bushehr nuclear power plant. clear weapons, but, most importantly, withdraw my reservation of objection. (13) The United States provides annual the bill keeps U.S. taxpayer dollars The SPEAKER pro tempore. Is there contributions to the International Atomic from being spent on Iranian nuclear objection to the request of the gen- Energy Agency which total more than 25 per- power reactors whose completion is tleman from New York? cent of the annual assessed budget of the supported by the IAEA and one day There was no objection. Agency and the United States also provides The Clerk read the bill, as follows: annual voluntary contributions to the Tech- could help Iran develop nuclear tech- nical Assistance and Cooperation Fund of nology to make a nuclear weapon to be H.R. 4851 the Agency which total approximately 32 aimed at the U.S. or its allies. Be it enacted by the Senate and House of Rep- percent ($16,000,000 in 1996) of the annual Mr. Speaker, I yield to the gentleman resentatives of the United States of America in budget of the program. from New York (Mr. GILMAN). Congress assembled, (14) The United States should not volun- (Mr. GILMAN asked and was given SECTION 1. SHORT TITLE. tarily provide funding for the completion of permission to revise and extend his re- This Act may be cited as the ‘‘Iran Nuclear nuclear power reactors which could provide marks.) Proliferation Prevention Act of 1998’’. Iran with substantial expertise to advance Mr. GILMAN. Mr. Speaker, I thank SEC. 2. FINDINGS. its nuclear weapons program and potentially The Congress makes the following findings: pose a threat to the United States or its al- the gentleman for yielding. lies. Mr. Speaker, I would like to commend the (1) Iran remains the world’s leading spon- sor of international terrorism and is on the (15) Iran has no need for nuclear energy be- gentleman from New Jersey, Mr. MENENDEZ, Department of State’s list of countries that cause of its immense oil and natural gas re- for his perseverance on this important legisla- provide support for acts of international ter- serves which are equivalent to 9.3 percent of tion. This bill is similar to H.R. 3743, which rorism. the world’s reserves and Iran has was favorably reported by the Committee on (2) Iran has repeatedly called for the de- 73,000,000,000 cubic feet of natural gas, an International Relations, and then passed by struction of Israel and Iran supports organi- amount second only to the natural gas re- the House on August 3, 1998, by a vote of zations, such as Hizballah, Hamas, and the serves of Russia. Palestine Islamic Jihad, which are respon- SEC. 3. WITHHOLDING OF VOLUNTARY CON- 405±13. TRIBUTIONS TO THE INTER- Notwithstanding the overwhelming House sible for terrorist attacks against Israel. (3) Iranian officials have stated their in- NATIONAL ATOMIC ENERGY AGENCY vote, it is my understanding that the Senate tent to complete at least three nuclear FOR PROGRAMS AND PROJECTS IN IRAN. opposed portions of H.R. 3743. This new bill power plants by 2015 and are currently work- Section 307 of the Foreign Assistance Act modifies those portions of the bill and should ing to complete the Bushehr nuclear power of 1961 (22 U.S.C. 2227) is amended by adding now enjoy the support of the Senate. plant located on the Persian Gulf coast. at the end the following: (4) The United States has publicly opposed This legislation amends current law to en- ‘‘(d) Notwithstanding subsection (c), the the completion of reactors at the Bushehr sure that the U.S. does not provide funding for limitations of subsection (a) shall apply to nuclear power plant because the transfer of the completion of nuclear power reactors in programs and projects of the International civilian nuclear technology and training Iran. Atomic Energy Agency in Iran, unless the could help to advance Iran’s nuclear weapons We all know that the Iranians have dedi- Secretary of State makes a determination in program. writing to the Committee on International cated significant resources to completing at (5) In an April 1997 hearing before the Sub- Relations of the House of Representatives least 3 nuclear power plants by 2015 and are committee on Near Eastern and South Asian and the Committee on Foreign Relations of now working with Russian assistance to com- Affairs of the Committee on Foreign Rela- the Senate pursuant to section 4(a)(1) of the tions of the Senate, the former Director of plete the Bushehr nuclear power plant. The Iran Nuclear Proliferation Prevention Act of the Central Intelligence Agency, James U.S. has opposed the completion of the reac- 1998, that such programs and projects are Woolsey, stated that through the operation tors at the Bushehr facility because the trans- consistent with United States nuclear non- of the nuclear power reactor at the Bushehr fer of civilian nuclear technology and training proliferation and safety goals and will not nuclear power plant, Iran will develop sub- could help to advance Iran's nuclear weapons provide Iran with training or expertise rel- stantial expertise relevant to the develop- evant to the development of nuclear weap- program. ment of nuclear weapons. ons.’’. Between 1995 and 1999 it is expected that (6) Construction of the Bushehr nuclear the International Atomic Energy Agency power plant was halted following the 1979 SEC. 4. ANNUAL REVIEW BY SECRETARY OF revolution in Iran because the former West STATE OF PROGRAMS AND (IAEA) will have provided over $1.5 million for PROJECTS OF THE INTERNATIONAL the Iranian nuclear power program through its Germany refused to assist in the completion ATOMIC ENERGY AGENCY; UNITED Technical Assistance and Cooperation Fund. the plant due to concerns that completion of STATES OPPOSITION TO PROGRAMS The U.S. provides annual voluntary contribu- the plant could provide Iran with expertise AND PROJECTS OF THE AGENCY IN IRAN. tions to this fund totally $16 million in 1996. and technology which could advance Iran’s nuclear weapons program. (a) ANNUAL REVIEW.— This bill does not halt our voluntary contribu- (7) Iran is building up its offensive military (1) IN GENERAL.—The Secretary of State tion to the IAEA. But it does require that none capacity in other areas as evidenced by its shall undertake a comprehensive annual re- of our monies may be used to fund IAEA pro- recent testing of engines for ballistic mis- view of all programs and projects of the grams and projects in Iran unless the Sec- siles capable of carrying 2,200 pound war- International Atomic Energy Agency in the retary of State certifies that such projects are heads more than 800 miles, within range of countries described in section 307(a) of the consistent with U.S. nuclear non-proliferation strategic targets in Israel. Foreign Assistance Act of 1961 (22 U.S.C. and safety goals and will not provide Iran with (8) In January 1995 Iran signed a $780,000,000 2227(a)) and shall determine if such programs training or expertise relevant to the develop- contract with the Russian Federation for and projects are consistent with United Atomic Energy (MINATOM) to complete a States nuclear nonproliferation and safety ment of weapons. VVER–1000 pressurized-light water reactor at goals. This is exactly the right policy. The U.S. the Bushehr nuclear power plant. (2) REPORT.—Not later than 1 year after should not voluntarily provide funding which (9) In March of 1998, Russia confirmed its the date of the enactment of this Act and on would help Iran complete nuclear power reac- intention to complete work on the two reac- an annual basis thereafter for 5 years, the tors that could assist them in developing their tors at the Bushehr nuclear power plant and Secretary shall prepare and submit to the October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11687 Congress a report containing the results of In my case, I am rising tonight to of this Nation and to accede the gov- the review under paragraph (1). recognize Len Swinehart, who is cele- ernment in service to the future of our (b) OPPOSITION TO CERTAIN PROGRAMS AND brating today his 50th birthday and children and our grandchildren. PROJECTS OF INTERNATIONAL ATOMIC ENERGY spent the last two weeks totally im- Through all of these years we have AGENCY.—The Secretary of State shall direct the United States representative to the mersed in helping the appropriations worked together, he has never changed. International Atomic Energy Agency to op- process and finishing up the budget I was laughing about that as I pose programs of the Agency that are deter- agreement with the President. Len has thought this morning, and I have said mined by the Secretary under the review served here since 1976, when he came as it many, many times, that there is al- conducted under subsection (a)(1) to be in- a special assistant to Representative ways a danger when one comes to work consistent with nuclear nonproliferation and Harold Sawyer of Michigan. He went on in the government that one may come safety goals of the United States. from there to be administrative assist- here as a young idealist and leave here SEC. 5. REPORTING REQUIREMENTS. ant to Vin Weber and then to become as an old cynic. Kerry has defied the (a) IN GENERAL.—Not later than 180 days odds on both accounts. He came here as after the date of the enactment of this Act the deputy minority staff director on and on an annual basis thereafter for 5 years, the House Committee on the Budget, a young idealist and he leaves here as the Secretary of State, in consultation with and then became my floor assistant a young idealist. He will leave here I the United States representative to the when I was the whip and finally floor am sure satisfied in his own mind and International Atomic Energy Agency, shall assistant to me as Speaker. He has heart, as I am, that each and every mo- prepare and submit to the Congress a report worked in particular on budget and ap- ment he spent in this town was a mo- that— propriations matters. ment when service to his country was (1) describes the total amount of annual as- Let me just say that Len has had a more important to him than any other sistance to Iran from the International tremendous impact on this institution. consideration. Atomic Energy Agency, a list of Iranian offi- We see two fine young people who cials in leadership positions at the Agency, I remember in particular working with the expected timeframe for the completion him during the budget summit of 1990 have done good service to this Nation of the nuclear power reactors at the Bushehr as we tried to deal with issues that leaving our ranks. We will miss them nuclear power plant, and a summary of the were very complex and where his back- sorely, and if I may add on a very per- nuclear materials and technology trans- ground from the Committee on the sonal note, I will miss Kerry Knott not ferred to Iran from the Agency in the preced- Budget was invaluable. He has since only as a working colleague, but as a ing year which could assist in the develop- played a major role both on budget and personal friend. As he leaves me as a ment of Iran’s nuclear weapons program; and appropriations matters and in working colleague, I hope to retain him as a (2) contains a description of all programs friend. and projects of the International Atomic En- with David Hobbs in trying to manage ergy Agency in each country described in from the leadership’s perspective what Mr. GINGRICH. Mr. Speaker, re- section 307(a) of the Foreign Assistance Act happens on the floor on a day-to-day claiming my time, let me also com- of 1961 (22 U.S.C. 2227(a)) and any inconsist- basis. He has a tremendous record of ment, because I had the opportunity to encies between the technical cooperation service to the American people. work with Kerry. He became in the and assistance programs and projects of the Because he came here a good while years when we were in the minority Agency and United States nuclear non- back, he is in a position to leave us and our chief planner and he, working with proliferation and safety goals in these coun- retire on his 50th birthday, and I just Dan Meyer and Len Swinehart, devel- tries. oped the transition plan which was a (b) ADDITIONAL REQUIREMENT.—The report want him to know we are going to miss required to be submitted under subsection him and that we know that he is tak- multi-volume loose leaf document (a) shall be submitted in an unclassified ing with him an institutional knowl- which enabled us to actually take over form, to the extent appropriate, but may in- edge and awareness of this place that is the House in 1995, and to move into the clude a classified annex. truly quite remarkable. 100 days, 93 days, as he used to remind SEC. 7. SENSE OF THE CONGRESS. us, and pass the entire Contract With b It is the sense of the Congress that the 2015 America, with one exception. Kerry did United States Government should pursue in- I think it is particularly appropriate an outstanding job of planning. We are ternal reforms at the International Atomic that he is having his 50th birthday going to miss him. It may be a sad Energy Agency that will ensure that all pro- today as we are passing a bill into commentary in our years of experience grams and projects funded under the Tech- which he poured so much time and ef- nical Cooperation and Assistance Fund of that we regard Kerry Knott and Len the Agency are compatible with United fort and in which he worked with the Swinehart as young men, but I think States nuclear nonproliferation policy and appropriations staff in a very effective we will work on that later on. international nuclear nonproliferation way. Anyway, I want to just say again, not norms. So Len, we will miss you. just to these two fine members of the The bill was ordered to be engrossed If I might take a moment of my time leadership staff, but sometimes when and read a third time, was read the and yield to the distinguished majority government courses are taught, people third time, and passed, and a motion to leader. should realize that behind every Mem- reconsider was laid on the table. Mr. ARMEY. Mr. Speaker, I thank ber there is a team, a staff that is f the Speaker for yielding. working to serve their constituency; Mr. Speaker, let me share the gentle- behind every issue there are staff mem- TRIBUTE TO LEN SWINEHART AND man’s sentiments about Len bers who specialize in that topic. For KERRY KNOTT Swinehart. We have had the privilege every committee there are professional (Mr. GINGRICH asked and was given of working with Len on so many very staffs working all year-round; and for permission to address the House for 1 difficult, and sometimes it seems ar- the leadership on either side, Democrat minute and to revise and extend his re- cane, provisions of the rules. His or Republican to function, there have marks.) knowledge, his experience, his under- to be leadership staff members who do Mr. GINGRICH. Mr. Speaker, I want standing of the history of the institu- an outstanding job. to rise for just a moment to call the tion and the precedence on which we Finally, sitting here in front of us Members’ attention to several mem- could draw has always been invaluable and gathered all around us is the House bers of the leadership staff who are to us in working out these complex staff which as an institution makes it leaving and to point out that when we problems, and we will truly miss Len. possible for this very complex and re- look at the complexity of this institu- In addition to that, Mr. Speaker, I markable institution to represent the tion, at how many different things would like to acknowledge the immi- will of 260 million Americans. So let have to work in order for us to be suc- nent departure from our leadership me just say as we are closing out this cessful, that the very hard work of our staff of my chief of staff, Kerry Knott. particular Congress, I want to thank staff members is a key part of how this I first became acquainted with Kerry each and every member of every staff institution works, whether it is our Knott in 1983. In 1983 he was a young in both parties and the House institu- personal staff or committee staff or in idealist that wanted to be involved in tional staff, for the dedication, the dis- the case of leadership, members of the politics and wanted to do it for the best cipline, and the hours of professional- leadership staff. of all reasons: to improve the quality ism they put in to serve their country, H11688 CONGRESSIONAL RECORD — HOUSE October 20, 1998 because they truly make it possible for governor. He trimmed the number of tigation into the killing of Pedro Or- the rest of us to do our jobs. State agencies, doubled the number of egon. Pedro Oregon was a 22-year-old Mr. ARMEY. Mr. Speaker, if the gen- State parks, launched an initiative to father of two young daughters. He had tleman will yield for one final observa- double the number of doctors trained never been in trouble with the law, and tion, Kerry, Len, look at the two of us. at Arkansas’ only medical school. He Pedro was a dedicated landscaping em- Before the Speaker and I met you, we helped to build more and better State ployee who played on the local men’s did not have a gray hair between us. highways and improved our edu- soccer team and even tutored those Thank you. cational system. who wanted to learn soccer. He was f There are so many good things in the killed by local law enforcement officers State of Arkansas that would not be with 12 shots to the back. There were ANNOUNCEMENT BY THE SPEAKER there if it were not for Senator DALE no drugs or alcohol found in Mr. Or- PRO TEMPORE BUMPERS. The world is a better place egon, and as well, no search warrant The SPEAKER pro tempore (Mr. because Senator BUMPERS has served. was there. No gun of his was fired. I CAMP). Pending possible further busi- Arkansas and America are better think it is important that we recognize ness, and by unanimous consent, the places. With Senator BUMPERS’ retire- the value of lives of Americans. Chair will entertain 1 minutes. ment comes the loss of one of Arkan- Mr. Oregon was an immigrant. He f sas’ finest public servants and a good was part of the immigrant community, friend to all those who have had the but he was a hard-working person, DEFINING AN IMPEACHABLE pleasure of work with him. I wish Sen- seeking to find his rightful place in OFFENSE ator BUMPERS and his wife, Betty, America. This tragic and terrible situa- (Mr. PITTS asked and was given per- much health, happiness and success in tion has cast a blight on the harmo- mission to address the House for 1 the years to come. nious community that we are trying to minute and to revise and extend his re- f engage in in our neck of the woods. Mr. Speaker, I would hope that the marks.) ACCOMPLISHMENTS OF THE 105TH Attorney General would quickly inves- Mr. PITTS. Mr. Speaker, over the CONGRESS tigate and determine whether the vio- last several weeks, the American peo- (Mr. GIBBONS asked and was given ple have rightly asked, what is an im- lations have occurred and violated Mr. permission to address the House for 1 Oregon’s civil rights and find justice peachable offense? When the framers minute and to revise and extend his re- used the term ‘‘high crimes and mis- not only for his two young daughters, marks.) his wife, his mother, his sister, but all demeanors,’’ they were using a 600- Mr. GIBBONS. Mr. Speaker, as we year-old term that did not appear in of the immigrant community in Hous- end the 105th Congress, I think it is ton, Texas. criminal law. A high crime and mis- very important to understand that for demeanor does not have to be a crime the first time in a generation, Congress f or a misdemeanor. is about to adjourn with a budget sur- Impeachable offenses are not nec- plus. When Republicans took control of NATIONAL SECURITY TOP essarily criminal acts. Supreme Court this body, such an achievement would CONCERN FOR 106TH CONGRESS Justice Joseph Story wrote that of- have seemed impossible. But for the fenses growing out of, ‘‘personal mis- first time in 16 years, this Congress (Mr. BEREUTER asked and was conduct must be examined upon very gave the American people a tax cut. given permission to address the House broad and comprehensive principles of One could only wonder if tax cuts for 1 minute and to revise and extend public policy and duty.’’ In other would have become a reality had the his remarks.) words, misconduct can be an impeach- Republicans not taken control. Mr. BEREUTER. Mr. Speaker, not able offense. An impeachable offense Through the Tax Code Termination too many months ago this Congress may be anything that is dishonorable, Act, this Republican-led Congress gave created a commission to examine the like abuse of power, obstructing justice a promise to the American public that threat of distribution of weapons of or lying under oath. we will develop a fair, simpler and mass destruction, and specifically, the In conclusion, Abraham Lincoln once more honest tax system. It was this development of ballistic missile tech- made a statement. He said, ‘‘You can Republican-led Congress that provided nology to rogue countries and to lesser fool some of the people all of the time, a more accountable Internal Revenue developed countries. That commission, you can even fool all of the people Service which now places the burden of a bipartisan commission of some of the some of the time, but you can never proof on the IRS rather than on the most distinguished Americans in the fool all of the people all of the time.’’ taxpayer in tax disputes. area of defense, security and intel- He made that statement in a place Furthermore, this body made a prom- ligence, has unanimously made its rec- called Clinton, Illinois. ise to our Nation’s seniors, and we are ommendations to the Congress. f working to save and secure Social Se- I know that Members will be busy curity well into the future. So when the next several weeks, but I urge them TRIBUTE TO U.S. SENATOR DALE my colleagues on the other side of the to look at the executive summary or BUMPERS aisle want to tell us that this is a do- the full report which has been pre- (Mr. BERRY asked and was given nothing Congress, know that they are sented to their offices. I think this re- permission to address the House for 1 right. We did nothing to fulfill their port is chillingly important. It sug- minute and to revise and extend his re- agenda. We did not raise taxes, we did gests to us that our assumptions in the marks.) not increase budgetary red ink, and we administration were very faulty when Mr. BERRY. Mr. Speaker, I rise did not ignore IRS abuses. Along with it comes to the amount of time, the today to honor a man who has been a the American people I am proud that difficulty that countries will have in great leader and statesman for the we did not follow the liberals and their securing ballistic missile systems and State of Arkansas and for this country, 40-year controlled agenda of tax hikes weapons of mass destruction. We have, United States Senator DALE BUMPERS. and bigger government. they tell us, far underestimated the op- Senator BUMPERS will retire this year f portunity to buy or to acquire tech- after 24 years in the U.S. Senate. A na- nology for that purpose. tive of Arkansas, Senator BUMPERS has JUSTICE FOR PEDRO OREGON Mr. Speaker, I urge Members to look been active in community affairs most (Ms. JACKSON-LEE of Texas asked at this report. It is one of the most im- of his life, serving as city attorney, and was given permission to address portant items of information being school board president, and president the House for 1 minute and to revise brought to our attention on national of the Chamber of Commerce. His serv- and extend her remarks.) security for many years. It is up to my ice defines the term, public servant. Ms. JACKSON-LEE of Texas. Mr. colleagues to examine this and to try Senator BUMPERS served the people Speaker, today I join my fellow elected to have an impact on the future Con- of Arkansas from 1970 to 1974 as our officials in asking for an official inves- gress, the 106th Congress. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11689 COMMENDING THE PEOPLE OF Mr. Speaker, the people of Mozam- (4) calls upon United States Government MOZAMBIQUE bique, like their neighbors in South Af- agencies to continue to work with their rica, stand as a model of political rec- Mozambican counterparts in forging a close Mr. GILMAN. Mr. Speaker, I ask bilateral relationship; unanimous consent that the Commit- onciliation. Other troubled regions of (5) calls on the Government of Mozambique tee on International Relations be dis- the world should look to the manner in to continue to be a model of democracy, eco- charged from further consideration of which the Mozambique people have put nomic liberalization, and respect for human the resolution (H. Res. 610) expressing away their political and other dif- rights; and the sense of the House of Representa- ferences and have worked together to (6) calls those nations in the world torn by tives that the people of the Republic of build a better future for their families. civil strife to look toward the example of Despite its many hurdles, Mozam- Mozambique for the benefits of political rec- Mozambique are to be commended for onciliation and peaceful economic develop- their commitment to rebuilding their bique now boasts one of the world’s ment. fastest growing economies, having nation after years of civil war, their The resolution was agreed to. willingness to live together harmo- grown at 8 percent last year. Democ- A motion to reconsider was laid on niously despite sharp political dif- racy is once again thriving in Mozam- the table. bique, with both the government and ferences, and their ability to overcome f poverty, health crises, and refugee out- the opposition working for a represent- flows to build a growing economy and a ative parliament and military. SPECIAL ORDERS positive future for their country, and Mr. Speaker, I want to thank the The SPEAKER pro tempore. Under ask for its immediate consideration in gentlewoman from Georgia (Ms. the Speaker’s announced policy of Jan- the House. MCKINNEY) for bringing this issue be- uary 7, 1997, and under a previous order The Clerk read the title of the resolu- fore us. I urge my colleagues to support of the House, the following Members tion. the resolution. I thank the gentleman will be recognized for 5 minutes each. The SPEAKER pro tempore. Is there from Nebraska (Mr. BEREUTER) for his f objection to the request of the gen- role in this. tleman from New York? Mr. BEREUTER. Mr. Speaker, under WHY WOULD THE PRESIDENT Ms. MCKINNEY. Mr. Speaker, reserv- my reservation of objection, I want to SHUT THE GOVERNMENT DOWN ing the right to object, although I do thank the gentleman from New York OVER A ROAD BYPASS IN not intend to object, I would like to (Mr. GILMAN) and the gentlewoman SOUTHERN OHIO? thank the chairman, the gentleman from Georgia (Ms. MCKINNEY) for their The SPEAKER pro tempore. Under a from New York (Mr. GILMAN) and the support for this legislation. I announce previous order of the House, the gen- gentleman from Georgia (Mr. GINGRICH) my support for it. tleman from North Carolina (Mr. BURR) and the Democratic leadership for Mr. Speaker, I withdraw my resolu- is recognized for 5 minutes. bringing this bill to the floor. This bill tion of objection. Mr. BURR of North Carolina. Mr. makes note of the positive relationship The SPEAKER pro tempore (Mr. Speaker, I knew the administration between our country and that of Mo- CAMP). Is there objection to the request was throwing its weight around on the zambique and commends Mozambique of the gentleman from New York? budget agreement, but I simply could for its progress in democratization and There was no objection. not believe it when I read in yester- respect for human rights. The Clerk read the resolution, as fol- day’s USA Today that the President of Mr. Speaker, I withdraw my reserva- lows: the United States was willing to shut tion of objection. the Federal Government down over a The SPEAKER pro tempore. Is there H. RES. 610 road bypass in the State of Ohio. objection to the request of the gen- Whereas the Republic of Mozambique suf- fered from armed conflict for 30 years, first So I tried to find out what all the tleman from New York? fuss was about. I learned that there Mr. BEREUTER. Mr. Speaker, re- against Portuguese colonialism and then a brutal civil war between the FRELIMO gov- was a provision in the Omnibus budget serving the right to object, and I will ernment and RENAMO rebels; bill that would have helped southern not object, but I yield to the gentleman Whereas up to one-third of Mozambique’s Ohio leverage existing State and Fed- from New York (Mr. GILMAN), the 17,000,000 people were forced to flee their eral dollars, and I stress, existing, to chairman of the committee, for any homes as refugees or internal displaced per- fund six high-priority Appalachian comments that he might wish to make. sons as a result of the civil war; Mr. GILMAN. Mr. Speaker, I thank Whereas the two sides to the civil conflict Ohio projects. Even better, the so- the gentleman for yielding. reached a peace accord in 1992 and demo- called highway redesignation did not Mr. Speaker, I rise in support of this cratic elections were held in 1994 with the cost one dime more. We are talking measure for deserving Mozambique. participation of all major political groups; about no money involved in this provi- The gentlewoman from Georgia (Ms. Whereas both the government of President sion. Joachim Alberto Chissano and opposition Then I find out that this particular MCKINNEY), a member of our commit- parties have participated positively in Mo- tee, has done us a service by bringing highway provision has the full support zambique’s representative democracy; of the Ohio Governor, George these issues before us. The people of Whereas both the government and the op- Mozambique have overcome obstacles position have made considerable strides in Voinovich; the Ohio Department of that many of us could never imagine. building a defense force that is representa- Transportation; local elected officials Thirty years of war, grinding poverty tive of the Mozambican people; in 30 community and business groups and continued disruption of normal Whereas Mozambique has rejected its com- across southern Ohio. So I asked my- life. munist economic policies, embraced free self, why was the White House willing market principles, privatized many state en- to shut the Federal Government down b 2030 terprises, encouraged foreign investment and on a highway designation that helped According to the U.N., at least one- now enjoys one of Africa’s highest economic southern Ohio? third of the 17 million people in Mo- growth rates at 8 percent per year; and Apparently, Mr. Speaker, the White Whereas Mozambique is a fertile market zambique were forced to flee their for United States investment and trade: House has a political reason for oppos- homes as refugees or as internally eter- Now, therefore, be it ing this small highway provision and nally displaced persons. Resolved, That the House of Representa- threatening a government shutdown. I In the best of times, Mr. Speaker, tives— have a copy here of the actual letter Mozambique is one of the poorest na- (1) recognizes the achievements of the from Erskine Bowles, the Chief of Staff tions in the world. Estimates indicate Mozambican people in overcoming political of the President, to our Speaker stat- a per capita income of $80 per year. Mo- and economic obstacles to become a model of ing pointblank that the President zambique’s civil war ended in 1992. In reconciliation and development; would shut down the government over 1994 Mozambique held its first demo- (2) applauds those who have led Mozam- bique toward political reconciliation and this one small Ohio highway provision. cratic elections, which were judged to away from armed conflict; Mr. Speaker, I just cannot under- be free and fair, and which benefited (3) commends the people of Mozambique stand why this White House is willing from the participation of the opposi- for continuing to support democracy and to play such high-stakes political tion. democratic institutions; hardball over a simple Ohio bypass. H11690 CONGRESSIONAL RECORD — HOUSE October 20, 1998 SOME REAL VICTORIES IN THE cal acumen and skill in orchestrating I do not understand why the other OMNIBUS APPROPRIATION BILL this compromise. It is good for my dis- side refuses to take dangerous threats The SPEAKER pro tempore. Under a trict, and it is good for America. seriously. Must we always be surprised previous order of the House, the gen- f when the threat is upon us? How many tleman from Illinois (Mr. DAVIS) is rec- times in history must we learn the AMERICA’S VULNERABILITY TO hard way? How many more examples of ognized for 5 minutes. BALLISTIC MISSILE ATTACK Mr. DAVIS of Illinois. Mr. Speaker, I rogue nations threatening the United have been told that budgets are about The SPEAKER pro tempore (Mr. States do we need to have before we priorities, where the taxpayers’ money LAHOOD). Under a previous order of the wake up to the threats? Must the should be spent, and where the goals House, the gentleman from Nevada United States squander the techno- and objectives which we hope to ac- (Mr. GIBBONS) is recognized for 5 min- logical edge that it has built up over complish can be approached in an ef- utes. the years with billions and billions of dollars for the sake of a meaningless fort to meet them. Mr. GIBBONS. Mr. Speaker, I have The $500 billion omnibus appropria- come before this body over 150 times to arms control agreement? Mr. Speaker, although we have, in tion bill which we just passed and I talk to my colleagues and the Amer- the recently passed budget, approxi- voted for contains funding for many of ican public about what I see are some mately $1 billion for some antiballistic our governmental agencies which pro- of the important issues that this coun- try faces. missile research and development, the vide a glimmer of hope for the poor, el- American people expect more. They de- derly, and disinherited of our society. Oftentimes my colleagues on the other side have repeatedly accused the serve more, and failure to do so is a While this bill is not picture perfect, it violation of the public trust. does in fact contain some real victories Republicans of leading a ‘‘do-nothing’’ Congress. In one sense, I am very sorry I might remind my friends on the for many people throughout America. other side of the aisle that the pre- The defense appropriation is too to report that they are correct. This Congress has done nothing about our amble to the Constitution declares to high, but we fought off attempts to cut all the world that ‘‘We, the people of the summer jobs program for disadvan- Nation’s vulnerability to ballistic mis- sile attack. Congress has failed to the United States, in order to form a taged youth. They now have hope more perfect union, establish justice, begin building a national missile de- again. We resisted attempts to cut low- ensure domestic tranquility, and pro- fense system, a failure that is so inex- income home energy assistance pro- vide for the common defense.’’ grams. Now seniors and others on fixed cusable I will have to agree with my Let us stop there, and provide for the incomes will not have to choose be- liberal Democratic colleagues, at least common defense of this Nation, Mr. tween staying warm in the winter or on this one point. Speaker. Failure to build a national buying food to eat. When the hawk The United States has a policy of de- missile defense system immediately is comes to the windy city, to Chicago, liberately remaining vulnerable to a a failure to provide for the common de- and the wind off Lake Michigan drops missile attack. Instead of building a fense of America. Every single person temperatures to zero, 5, 10, and 15 de- national missile defense system, we in America will know it, but will they grees below, low-income people will place our faith in a piece of paper know it far too late to take advantage have some help to try and keep warm. called the ABM Treaty. Our national of it? We prevailed in getting $1.1 billion as security depends, therefore, on tyrants, f a down payment for 100,000 new teach- dictators, and international thugs to b ers, which means that we will be able respect that piece of paper. 2045 to reduce class size. Unfortunately, we Does anyone really believe that Sad- CLOSING THOUGHTS dam Hussein cares that we have signed did not get the money needed for The SPEAKER pro tempore (Mr. an ABM treaty, a treaty with a coun- school construction, which absolutely LAHOOD). Under a previous order of the try that no longer exists? Does anyone makes no sense, because what is the House, the gentlewoman from Texas really believe that Mu’ammar Qadhafi use in having teachers if we do not (Ms. JACKSON-LEE) is recognized for 5 will think twice about threatening the have schools? minutes. The bill contains a significant United States because we have signed Ms. JACKSON-LEE of Texas. Mr. amount of money for health care, the ABM treaty? Did Osama bin Laden Speaker, as Speaker Newt Gingrich which pleases me greatly. The $100 mil- reconsider his terrorist strikes against made his remarks in discussing the om- lion increase for federally qualified our embassies in Kenya and Tanzania nibus budget that we just passed, he community health centers will go a because we are signatories to the ABM asked the question, what we would long way toward serving the large Treaty? have done if we had not passed this leg- number of uninsured Americans in What good will the ABM treaty be islation. Frankly, I agree with him rural and inner city communities. against the Islamic bombs, weapons that this was a must-do situation. But It has $10.6 billion for the National which will soon be in the hands of it was not a situation that could not Institutes of Health budget, which pro- rogue nations whose citizens dem- have been done differently. And frank- vides much needed money for medical onstrate against the great Satan by ly, those of us who voted for this legis- research; $110 million to address HIV- burning the American flag? Did North lation clearly recognized that the proc- AIDS in the African American commu- Korea step back from launching mis- ess was faulty, that what might have nity; $1.4 billion for the Ryan White siles into Japanese territory because been totally best for the American peo- AIDS program, and $105 million for the America has signed an arms control ple was not concluded because of the Healthy Start program. agreement with a country that no haste in which we had to work. This bill also contains needed fund- longer exists? I am, of course, concerned with many ing for education: $1.2 billion as a down Mr. Speaker, this policy of deliberate issues that impact my district. And payment to reduce class size; $125 mil- vulnerability is dangerous, it is foolish, frankly, we have made some progress lion for the school-to-work opportuni- and it is counterproductive. What is on this omnibus bill. I am glad that ties programs, which help ease the also strange is that we already have a homeless youth in Texas will have an transition from school to work; $600 technology to deploy a missile defense additional $300,000 as given to Covenant million for TRIO funding; $995 million system. The U.S. Navy’s Aegis cruisers House, Texas, and I am glad of the for adult job training, which would are equipped with the technology that work of the appropriators with my of- fund about 386,000 participants. can be converted into a national mis- fers to secure these dollars for that But in reality, this bill is a testa- sile defense system at a minimal ex- very worthy cause, to bring young ment to the will of the American peo- pense. The Navy has already spent bil- homeless people into a clean and se- ple, who have indicated that they place lions of dollars perfecting the state-of- cure place in order to get them back on substance over rhetoric, and that they the-art system, and it defies logic to track. appreciate real leadership. prevent that system from being devel- I will be able to tell my housing au- I commend my colleagues, and I com- oped to end our vulnerability to a mis- thority, where some 25,000 people re- mend President Clinton for his politi- sile strike. main on a waiting list for housing, that October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11691 over the two-year period we will be not pass this bill. We passed it for medical devices signed into law by the able to apply for some 100,000 section 8 America, but yet we are challenged to President. I was proud to do my part to vouchers that help most of all the come back here and do more for edu- move this legislation forward to help working poor move throughout the cation and do more for our seniors and people live longer and better while community in stable neighborhoods, to do more for our children. waiting for a cure or vaccine. raise their children with support from f On education, the Republican-led our housing authority. Mr. Speaker, Congress has given an additional $500 ACCOMPLISHMENTS OF THE 105TH that is good. million over the President’s amount CONGRESS I heard my colleague mention the for special ed. Increased funding for the LIHEAP funds dealing with providing The SPEAKER pro tempore. Under a Women, Infants and Children program, support for seniors who are in need of previous order of the House, the gen- our school nutrition programs, in- supplement for cold weather. But let tleman from Pennsylvania (Mr. FOX) is creased funding for Head Start, for the me tell you how much we needed it in recognized for 5 minutes. vocational education program, for Texas when a heat wave of national Mr. FOX of Pennsylvania. Mr. Speak- charter schools. But the most signifi- disaster level plagued our State and er, I rise tonight to address my col- cant program was one that came from killed over 100 people, many of whom leagues and to highlight the accom- the gentleman from Pennsylvania (Mr. plishments of this 105th Congress. were seniors. We were able to secure PITTS). This program says more dollars For the first time since 1969, Mr. some $3 million also to assist in that to the classroom and less money for Speaker, we have a balanced budget, a crisis. And so we have restored, Demo- bureaucrats; 95 percent of all dollars balanced budget which means lower in- crats, the money that was gutted out must go back to schools to use as they terest rates for all of our families, of the labor, HHS. That is an impor- when it comes to their mortgage, when see fit, more teachers, new classrooms, tant and needed resource for our sen- it comes to car expense and when it maybe new computers, whatever each iors across this Nation. school district wants. This ensures Frankly, Mr. Speaker, we had a vig- comes to student loans. And what is the biggest dividend that every every new school has an ad- orous debate on the census. I believe from a balanced budget, Mr. Speaker, ditional $90,000, even more funds for that the results were positive for what has been the fact that we now have a each school district. this country will ultimately recognize budget surplus. After 40 years of exces- It also would do something for higher that it needs, an accurate census count sive spending, we now have a budget ed. Our legislation says we are going to in the year 2000. The State of Texas surplus. This year alone we are talking increase the loans and grants for col- lost 400,000 plus in the 1990 census be- about 71 billion. Over the next 10 years lege students, highest ever Pell grants cause of an inaccurate count. We lost we are speaking about $1.6 trillion dol- and our lowest interest rate in 17 years. 65,000 in Houston alone. Those were lars. That is the American taxpayers’ Yes, America is on the move because predominantly minorities, Hispanics money, most of which, under the Re- of a bipartisan Congress, led by Repub- and African Americans. We now have publican-led plans, will go to shore up licans, to make sure we made a dif- the ability to use sampling, the statis- Social Security. A much lesser amount ference in people’s lives for working tical method until June of 1999. I hope is actually needed, but this is to make families, for seniors and for our young that we will prevail on this process, for sure that Social Security is secure for people. We made a real positive dif- it is shameful that we would look not many years to come and also make ference. to count every single person within sure the following takes place: We take I am looking forward to working to- this Nation. Social Security off budget; we roll gether with my colleagues as we move We just faced a terrible rain and back the 1993 tax on Social Security; forward to make sure America is flooding situation in Houston, and I am we increase the income that seniors stronger and American is better. delighted that a project that we have can earn without deductions from So- f been working on collectively as mem- cial Security from 30,000, under our bers of the Texas delegation and indi- proposal to $39,000 a year. SPECIAL ORDERS GRANTED vidually, in particular my district, the We have also taken important steps By unanimous consent, permission to 18th congressional district, the Sims to save Medicare, the health care pro- Bayou project will receive some $12 address the House, following the legis- gram for our seniors. Under this pro- lative program and any special orders million. Work has already begun. But gram we have done two major things, we will now see for the Army Corps of heretofore entered, was granted to: Mr. Speaker. One, we have increased The following Members (at the re- Engineers to move this along and move the penalties for those who would quest of Ms. JACKSON-LEE of Texas) to it along for the citizens along that abuse Medicare, health care fraud, bayou to live in their neighborhoods revise and extend their remarks and in- whatever provider they may be. If they clude extraneous material: with a quality of life not in fear of would, in fact, abuse Medicare, they every raindrop that comes our way. Mr. DAVIS of Illinois, for 5 minutes, would no longer be providers and would today. And I might say that Houston gets a be subject to penalties. Beyond that, Ms. JACKSON-LEE of Texas, for 5 min- lot of raindrops. we have five new health care preven- utes, today. I am not happy, Mr. Speaker, how- tion programs for our senior citizens Mr. BERRY, for 5 minutes, today. ever, with the constant fighting over under Medicare. We have the annual The following Members (at the re- the NEA funds although we did fund it. mammograms, the annual Pap smears, quest of Mr. NORWOOD) to revise and ex- I am calling now for all of our arts as- the annual prostate cancer screening, tend their remarks and include extra- sociations and organizations across the the annual colorectal cancer neous material: Nation to be assured that we work for screenings and as well osteoporosis Mr. BURR of North Carolina, for 5 the fight to protect the NEA. screening and the diabetes screening. As I close, Mr. Speaker, let me say On IRS reform, what grade strides we minutes, today. that I will continue to fight for our have made here. The Republican-led Mr. GIBBONS, for 5 minutes, today. home health care agencies so that we House and Senate have done the very Mr. FOX of Pennsylvania, for 5 min- will have them in our community, and thing that I was requesting in my leg- utes, today. children’s mental health. I am most islation to shift the burden of proof. In- f proud of the $5 million extra dollars stead of the IRS commissioner being that we have secured through our hard presumed correct and we guilty as tax- SENATE BILL REFERRED work to protect and help rehabilitate payers, we have shifted it. It is now as- A bill of the Senate of the following our children suffering from mental dis- sumed that the taxpayer is presumed title was taken from the Speaker’s abilities. correct and the IRS commissioner has table and, under the rule, referred as Mr. Speaker, we have a long way to the burden of going forward to prove follows: go, but we did do what we needed to do otherwise. S. 109. An act to provide Federal housing today. We answered the Speaker’s FDA reform, we have now speeded up assistance to Native Hawaiians; to the Com- question, what would we do if we did the approval for life-saving drugs and mittee on Banking and Financial Services. H11692 CONGRESSIONAL RECORD — HOUSE October 20, 1998 SENATE ENROLLED BILLS SIGNED ant to 5 U.S.C. 801(a)(1)(A); to the Committee Secretary of the Treasury to produce cur- on Agriculture. rency, postage stamps, and other security The SPEAKER announced his signa- 11762. A letter from the Congressional Re- documents at the request of foreign govern- ture to enrolled bills of the Senate of view Coordinator, Animal and Plant Health ments, and security documents at the re- the following titles: Inspection Service, transmitting the Serv- quest of the individual States or any politi- S. 538. An act to authorize the Secretary of ice’s final rule—Importation of Horses cal subdivision thereof, on a reimbursable the Interior to convey certain facilities of [Docket No. 95–054–3] received October 15, basis, and for other purposes; to the Commit- the Minidoka project to the Burley Irriga- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the tee on Banking and Financial Services. tion District, and for other purposes. Committee on Agriculture. 11773. A letter from the General Counsel, S. 744. An act to authorize the construction 11763. A letter from the Administrator, Ag- Federal Emergency Management Agency, of the Fall River Water Users District Rural ricultural Marketing Service, Department of transmitting the Agency’s final rule—Sus- Water System and authorize financial assist- Agriculture, transmitting the Department’s pension of Community Eligibility [Docket ance to the Fall River Water Users District, final rule—Fresh Bartlett Pears Grown in No. FEMA–7696] received October 15, 1998, a nonprofit corporation, in the planning and Oregon and Washington; Decreased Assess- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- construction of the water supply system, and ment Rate [Docket No. FV98–931–1 IFR] re- mittee on Banking and Financial Services. 11774. A letter from the Legislative and for other purposes. ceived October 15, 1998, pursuant to 5 U.S.C. Regulatory Activities Division, Office of the S. 1260. An act to amend the Securities Act 801(a)(1)(A); to the Committee on Agri- Comptroller of the Currency, transmitting of 1933 and the Securities Exchange Act of culture. the Office’s final rule—Safety and Soundness 1934 to limit the conduct of securities class 11764. A letter from the Administrator, Ag- Standards [Docket No. 98–13] (RIN: 1557– actions under State law, and for other pur- ricultural Marketing Service, Department of AB67) received October 15, 1998, pursuant to 5 poses. Agriculture, transmitting the Department’s U.S.C. 801(a)(1)(A); to the Committee on S. 1722. An act to amend the Public Health final rule—Oranges and Grapefruit Grown in Banking and Financial Services. Service Act to revise and extend certain pro- Lower Rio Grande Valley in Texas; De- creased Assessment Rate [Docket No. FV98– 11775. A letter from the Federal Register grams with respect to women’s health re- Liaison Officer Alternate, Office of Thrift search and prevention activities at the Na- 906–1 FIR] received October 15, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Supervision, transmitting the Office’s final tional Institutes of Health and the Centers rule—Transactions with Affiliates; Reverse for Disease Control and Prevention. Agriculture. 11765. A letter from the Administrator, Ag- Repurchase Agreements—received October S. 2364. An act to reauthorize and make re- 20, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to forms to programs authorized by the Public ricultural Marketing Service, Department of Agriculture, transmitting the Department’s the Committee on Banking and Financial Works and Economic Development Act of Services. 1965 and the Appalachian Regional Develop- final rule—Tomatoes Grown in Florida; Par- tial Exemption From the Handling Regula- 11776. A letter from the Federal Register ment Act of 1965. Liaison Officer, Office of Thrift Supervision, tion for Producer Field-Packed Tomatoes S. 2524. An act to codify without sub- transmitting the Office’s final rule—Inter- [Docket No.FV98–966–2 IFR] received October stantive change laws related to Patriotic and agency Guidelines Establishing Year 2000 13, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to National Observances, Ceremonies, and Orga- Standards for Safety and Soundness (RIN: the Committee on Agriculture. nizations and to improve the United States 1550–AB27) received October 15, 1998, pursu- Code. 11766. A letter from the Administrator, Ag- ricultural Marketing Service, Department of ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Banking and Financial Services. f Agriculture, transmitting the Department’s 11777. A letter from the Assistant Sec- final rule—Apricots Grown in Designated ADJOURNMENT retary, Office of Special Education and Re- Counties in Washington; Change in Con- habilitative Services, Department of Edu- Mr. FOX of Pennsylvania. Mr. Speak- tainer Regulations [Docket No. FV98–922–1 er, I move that the House do now ad- cation, transmitting Rehabilitation Train- FIR] received October 15, 1998, pursuant to 5 ing: Rehabilitation Long-Term Training, journ. U.S.C. 801(a)(1)(A); to the Committee on Ag- pursuant to 20 U.S.C. 1232(f); to the Commit- The motion was agreed to; accord- riculture. tee on Education and the Workforce. ingly (at 8 o’clock and 55 minutes p.m.) 11767. A letter from the Administrator, Ag- 11778. A letter from the Assistant General the House adjourned until Wednesday, ricultural Marketing Service, Department of Counsel for Regulations, Department of Edu- Agriculture, transmitting the Department’s October 21, 1998, at 10 a.m. cation, transmitting the Department’s final final rule—Irish Potatoes Grown in Colorado; rule—Rehabilitation Long-Term Training— f Decreased Assessment Rate [Docket No. received October 14, 1998, pursuant to 5 EXECUTIVE COMMUNICATIONS, FV98–948–1 FIR] received October 15, 1998, U.S.C. 801(a)(1)(A); to the Committee on Edu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ETC. cation and the Workforce. mittee on Agriculture. 11779. A letter from the Assistant Sec- Under clause 2 of rule XXIV, execu- 11768. A letter from the Administrator, Ag- retary of Labor for Mine Safety and Health, tive communications were taken from ricultural Marketing Service, Department of Department of Labor, transmitting the De- the Speaker’s table and referred as fol- Agriculture, transmitting the Department’s partment’s final rule—Experienced Miner lows: final rule—Domestic Dates Produced or and Supervisor Training (RIN: 1219–AB13) re- Packed in Riverside County, CA; Increased ceived October 15, 1998, pursuant to 5 U.S.C. 11758. A letter from the Congressional Re- Assessment Rate [Docket No. FV98–987–1 FR] 801(a)(1)(A); to the Committee on Education view Coordinator, Animal and Plant Health received October 15, 1998, pursuant to 5 and the Workforce. Inspection Service, transmitting the Serv- U.S.C. 801(a)(1)(A); to the Committee on Ag- 11780. A letter from the Assistant Sec- ice’s final rule—Mexican Fruit Fly Regula- riculture. retary for Employment Standards, Depart- tions; Addition of Regulated Area [Docket 11769. A letter from the the Director, the ment of Labor, transmitting the Depart- No. 98–082–2] received October 20, 1998, pursu- Office of Management and Budget, transmit- ment’s final rule—Technical Amendments of ant to 5 U.S.C. 801(a)(1)(A); to the Committee ting Cumulative report on rescissions and Rules Relating to Labor-Management Stand- on Agriculture. deferrals, pursuant to 2 U.S.C. 685(e); (H. Doc. ards and Standards of Conduct for Federal 11759. A letter from the Congressional Re- No. 105—328); to the Committee on Appro- Sector Labor Organizations; Correction view Coordinator, Animal and Plant Health priations and ordered to be printed. (RIN: 1215–AB22) received October 15, 1998, Inspection Service, transmitting the Serv- 11770. A letter from the Director, Washing- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ice’s final rule—Veterinary Diagnostic Serv- ton Headquarters Services, Department of mittee on Education and the Workforce. ices User Fees [Docket No. 94–115–2] (RIN: Defense, transmitting the Department’s final 11781. A letter from the Deputy Executive 0579–AA70) received October 15, 1998, pursu- rule—Civilian Health and Medical Program Director and Chief Operating Officer, Pen- ant to 5 U.S.C. 801(a)(1)(A); to the Committee of the Uniformed Services (CHAMPUS); sion Benefit Guaranty Corporation, trans- on Agriculture. TRICARE Prime Balance Billing (RIN: 0720– mitting the Corporation’s final rule—Alloca- 11760. A letter from the Congressional Re- AA46) received October 20, 1998, pursuant to tion of Assets in Single-Employer Plans; In- view Coordinator, Animal and Plant Health 5 U.S.C. 801(a)(1)(A); to the Committee on terest Assumptions for Valuing Benefits [29 Inspection Service, transmitting the Serv- National Security. CFR Part 4044] received October 15, 1998, pur- ice’s final rule—Validated Brucellosis-Free 11771. A letter from the The Chairmen, suant to 5 U.S.C. 801(a)(1)(A); to the Commit- States; South Carolina [Docket No. 98–101–1] Board of Governors of the Federal Reserve tee on Education and the Workforce. received October 15, 1998, pursuant to 5 System, Securities and Exchange Commis- 11782. A letter from the Secretary of Edu- U.S.C. 801(a)(1)(A); to the Committee on Ag- sion, transmitting a Report to the Congress cation, transmitting the Department’s final riculture. on the Markets for Small Business and Com- rule—Title I—Helping Disadvantaged Chil- 11761. A letter from the Congressional Re- mercial Mortgage Related Securities; to the dren Meet High Standards (RIN: 1810–AA89) view Coordinator, Animal and Plant Health Committee on Banking and Financial Serv- received October 15, 1998, pursuant to 5 Inspection Service, transmitting the Serv- ices. U.S.C. 801(a)(1)(A); to the Committee on Edu- ice’s final rule—Brucellosis in Cattle; State 11772. A letter from the General Counsel, cation and the Workforce. and Area Classifications; Mississippi [Docket Department of the Treasury, transmitting a 11783. A letter from the General Counsel, No. 98–097–1] received October 15, 1998, pursu- draft of proposed legislation to authorize the Department of Transportation, transmitting October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11693 the Department’s final rule—Radio Broad- ting the Agency’s final rule—Alaska: Partial ment of Commerce, transmitting the Depart- casting Services; Arcadia & Ellington, MO, Program Adequacy Final Determination of ment’s final rule—Request for Comments on Carbondale, IL & Tiptonville, TN [MM Dock- State Class I and II Municipal Solid Waste Effects of Foreign Policy-Based Export Con- et No. 97–168; RM–9103 and RM–9182] received Landfill Permit Program—and Partial Pro- trols [Docket No. 980922243–8243–01] received October 19, 1998, pursuant to 5 U.S.C. gram Adequacy Tentative Determination of October 8, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. State Class III Municipal Solid Waste Land- 801(a)(1)(A); to the Committee on Inter- 11784. A letter from the Director, Office of fill Permit Program [FRL–6177–6] received national Relations. Regulatory Management and Information, October 14, 1998, pursuant to 5 U.S.C. 11803. A letter from the Interim District of Environmental Protection Agency, transmit- 801(a)(1)(A); to the Committee on Commerce. Columbia Auditor, District of Columbia, ting the Agency’s final rule—Approval and 11793. A letter from the Director, Regula- transmitting a copy of a report entitled Promulgation of Implementation Plans; tions Policy and Management Staff, Office of ‘‘Statutory Audit of the District’s Deposi- State of Florida [FL–065–9623a; FRL–6167–4] Policy, Food and Drug Administration, tory Activities for Fiscal Years 1996 and received October 16, 1998, pursuant to 5 transmitting the Administration’s final 1997,’’ pursuant to D.C. Code section 47— U.S.C. 801(a)(1)(A); to the Committee on rule—Medical Devices; 30–Day Notices and 117(d); to the Committee on Government Re- Commerce. 135–Day PMA Supplement Review [Docket form and Oversight. 11785. A letter from the Director, Office of No. 98N–0168] received October 15, 1998, pursu- 11804. A letter from the Executive Director, Regulatory Management and Information, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Committee For Purchase From People Who Environmental Protection Agency, transmit- on Commerce. Are Blind or Severely Disabled, transmitting ting the Agency’s final rule—Clean Air Act 11794. A letter from the Director, Office of the Committee’s final rule—Procurement Approval and Promulgation of State Imple- Congressional Affairs, Nuclear Regulatory List; Additions and Deletions—received Oc- mentation Plan for South Dakota; Revisions Commission, transmitting the Commission’s tober 15, 1998, pursuant to 5 U.S.C. to the Air Pollution Control Program [SD– final rule—Consolidated Guidance About Ma- 801(a)(1)(A); to the Committee on Govern- 001–0002a; FRL–6175–4] received October 13, terials Licenses: Program-Specific Guidance ment Reform and Oversight. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the About Industrial Radiography Licenses—re- 11805. A letter from the Chairman, Con- Committee on Commerce. ceived October 20, 1998, pursuant to 5 U.S.C. sumer Product Safety Commission, trans- 11786. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Commerce. mitting a copy the report of the Consumer Regulatory Management and Information, 11795. A letter from the Assistant Sec- Product Safety Commission in compliance Environmental Protection Agency, transmit- retary for Legislative Affairs, Department of with the Government in the Sunshine Act ting the Agency’s final rule—Azoxystrobin; State, transmitting certification of a pro- during the calendar year 1997, pursuant to 5 Time-limited Pesticide Tolerance [OPP– posed transfer of major defense equipment U.S.C. 552b(j); to the Committee on Govern- 300744; FRL–6037–8] (RIN: 2070–AB78) received from the Government of the United Kingdom ment Reform and Oversight. 11806. A letter from the Deputy Associate October 13, 1998, pursuant to 5 U.S.C. to the Government of Sri Lanka [Transmit- Administrator for Acquisition Policy, Gen- 801(a)(1)(A); to the Committee on Commerce. tal No. RSAT–4–98], pursuant to 22 U.S.C. 11787. A letter from the Director, Office of 2776(d); to the Committee on International eral Services Administration, transmitting Regulatory Management and Information, Relations. the Administration’s final rule—Federal Ac- Environmental Protection Agency, transmit- 11796. A letter from the Assistant Sec- quisition Regulation; Reform of Affirmative retary for Legislative Affairs, Department of Action in Federal Procurement [FAC 97–08; ting the Agency’s final rule—Approval and State, transmitting a copy of the President’s FAR Case 97–004C] (RIN: 9000–AH59) received Promulgation of Air Quality Implementa- determination that he has exercised the au- October 15, 1998, pursuant to 5 U.S.C. tion Plans; Commonwealth of Pennsylvania; thority granted him under Section 451(a)(1) 801(a)(1)(A); to the Committee on Govern- Withdrawal of Final Rule [PA122–4078a; FRL– of the Foreign Assistance Act of 1961, as ment Reform and Oversight. 6178–2] received October 14, 1998, pursuant to amended, to provide assistance to The Neth- 11807. A letter from the the Chief Adminis- 5 U.S.C. 801(a)(1)(A); to the Committee on erlands for the trial of suspects in the Pan trative Officer, transmitting the quarterly Commerce. Am 103 bombing case [PD 98–40], pursuant to report of receipts and expenditures of appro- 11788. A letter from the Director, Office of 22 U.S.C. 2261(a)(2); to the Committee on priations and other funds for the period July Regulatory Management and Information, International Relations. 1, 1998, through September 30, 1998 as com- Environmental Protection Agency, transmit- 11797. A letter from the Assistant Sec- piled by the Chief Administrative Officer, ting the Agency’s final rule—Approval and retary for Legislative Affairs, Department of pursuant to 2 U.S.C. 104a; (H. Doc. No. 105– Promulgation of State Implementation Plan, State, transmitting certification of a pro- 327); to the Committee on House Oversight Texas: Recodification of Regulations to Con- posed license for the export of defense arti- and ordered to be printed. trol Lead Emissions from Stationary cles or defense services sold commercially 11808. A letter from the Deputy Associate Sources [TX90–1–7360a; FRL–6160–2] received under a contract to South Korea [Transmit- Director for Royalty Management, Depart- October 14, 1998, pursuant to 5 U.S.C. tal No. DTC 138–98], pursuant to 22 U.S.C. ment of the Interior, transmitting notifica- 801(a)(1)(A); to the Committee on Commerce. 2776(c); to the Committee on International tion of proposed refunds of offshore lease rev- 11789. A letter from the Director, Office of Relations. enues where a refund or recoupment is ap- Regulatory Management and Information, 11798. A letter from the Assistant Sec- propriate, pursuant to 43 U.S.C. 1339(b); to Environmental Protection Agency, transmit- retary for Legislative Affairs, Department of the Committee on Resources. ting the Agency’s final rule—Lead; Fees for State, transmitting certification of a pro- 11809. A letter from the Assistant Sec- Accreditation of Training Programs and Cer- posed Manufacturing License Agreement retary, Land and Mineral Management, De- tification of Lead-based Paint Activities with Switzerland [Transmittal No. DTC 142– partment of the Interior, transmitting the Contractors; Withdrawal of Final Rule 98], pursuant to 22 U.S.C. 2776(c); to the Com- Department’s final rule—Grazing Adminis- [OPPTS–62158B; FRL–6040–1] (RIN: 2070– mittee on International Relations. tration; Alaska; Reindeer; General [WO–420– AD11) received October 14, 1998, pursuant to 11799. A letter from the Assistant Sec- 1050–00–24] (RIN: 1004–AD06) received October 5 U.S.C. 801(a)(1)(A); to the Committee on retary for Legislative Affairs, Department of 13, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Commerce. State, transmitting certification of a pro- the Committee on Resources. 11790. A letter from the Director, Office of posed Manufacturing License Agreement 11810. A letter from the Director, Office of Regulatory Management and Information, with Canada [Transmittal No. DTC 103–98], Sustainable Fisheries, National Marine Fish- Environmental Protection Agency, transmit- pursuant to 22 U.S.C. 2776(c); to the Commit- eries Service, National Oceanic and Atmos- ting the Agency’s final rule—Request for tee on International Relations. pheric Administration, transmitting the Ad- Delegation of the Accidental Release Preven- 11800. A letter from the Assistant Sec- ministration’s final rule—Atlantic Tuna tion Requirements: Risk Management Pro- retary for Legislative Affairs, Department of Fisheries; Atlantic Bluefin Tuna General grams Under Clean Air Act Section 112(r)(7): State, transmitting copy of the President’s Category [I.D. 091198A] received October 19, State of Florida [FRL–6166–9] received Octo- Determination 98–37, that it is vital to U.S. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the ber 14, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); national security interests to provide a sup- Committee on Resources. to the Committee on Commerce. plementary contribution to the Korean Pe- 11811. A letter from the Acting Director, 11791. A letter from the Director, Office of ninsula Energy Development Organization Office of Sustainable Fisheries, National Ma- Regulatory Management and Information, (‘‘Kedo’’), pursuant to 22 U.S.C. 2364(a)(2); to rine Fisheries Service, National Oceanic and Environmental Protection Agency, transmit- the Committee on International Relations. Atmospheric Administration, transmitting ting the Agency’s final rule—Approval and 11801. A letter from the Assistant Sec- the Administration’s final rule—Atlantic Promulgation of Implementation Pleans; retary for Export Administration, Depart- Swordfish Fishery; South Atlantic Quotas; Reasonably Available Control Technology ment of Commerce, transmitting the Depart- Quota Adjustment Procedures [Docket No. for Oxides of Nitrogen for Specific Sources in ment’s final rule—Clarification of Reporting 980527137–8237–02; I.D. 121597D] (RIN: 0648– the State of New Jersey [Region 2 Docket Requirements under the Wassenaar Arrange- AL24) received October 19, 1998, pursuant to 5 No. NJ32–183a, FRL–6174–5] received October ment [Docket No. 980814218–8218–01] (RIN: U.S.C. 801(a)(1)(A); to the Committee on Re- 14, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to 0694–AB724) received October 8, 1998, pursu- sources. the Committee on Commerce. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 11812. A letter from the Acting Deputy As- 11792. A letter from the Director, Office of on International Relations. sistant Administrator For Fisheries, Na- Regulatory Management and Information, 11802. A letter from the Assistant Sec- tional Oceanic and Atmospheric Administra- Environmental Protection Agency, transmit- retary for Export Administration, Depart- tion, transmitting the Administration’s final H11694 CONGRESSIONAL RECORD — HOUSE October 20, 1998 rule—Fisheries of the Exclusive Economic Drivers; Exemption Applications; Vision Docket No. 98–AGL–44] received October 19, Zone Off Alaska; License Limitation Pro- [FHWA Docket No. FHWA–98–3637] received 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the gram [Docket No. 970703166–8209–04; I.D. October 15, 1998, pursuant to 5 U.S.C. Committee on Transportation and Infra- 060997A3] (RIN: 0648–AH65) received October 801(a)(1)(A); to the Committee on Transpor- structure. 15, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to tation and Infrastructure. 11835. A letter from the Chief, Regulations the Committee on Resources. 11825. A letter from the General Counsel, Unit, Internal Revenue Service, transmitting 11813. A letter from the Director, Office Of Department of Transportation, transmitting the Service’s final rule—Source of Income Sustainable Fisheries, National Oceanic and the Department’s final rule—Airworthiness From Sales of Inventory Partly From Atmospheric Administration, transmitting Directives; British Aerospace Jetstream Sources Within a Possession of the United the Administration’s final rule—Atlantic Model 3101 Airplanes [Docket No. 98–CE–63– States; Also, Source of Income Derived From Tuna Fisheries; Atlantic Bluefin Tuna Fish- AD; Amendment 39–10836; AD 98–21–28] (RIN: Certain Purchases From a Corporation ery; Inseason Adjustment; Closure [Docket 2120–AA64) received October 19, 1998, pursu- Electing Section 936 [TD 8786] (RIN: 1545– No. 980320071–8128–02; I.D. 080698A] received ant to 5 U.S.C. 801(a)(1)(A); to the Committee AU79) received October 15, 1998, pursuant to October 14, 1998, pursuant to 5 U.S.C. on Transportation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Resources. 11826. A letter from the General Counsel, Ways and Means. Q02 11814. A letter from the Assistant Adminis- Department of Transportation, transmitting 11836. A letter from the Secretary of the trator, NOS, National Oceanic and Atmos- the Department’s final rule—Airworthiness Treasury, transmitting a report on the tax- pheric Administration, transmitting the Ad- Directives; Bob Fields Aerocessories Inflat- ation of Social Security and Railroad Retire- ministration’s final rule—Funds Availability able Door Seals [Docket No. 98–CE–88–AD; ment Benefits in calendar year 1993, pursu- for the Southeast Bering Sea Carrying Ca- Amendment 39–10844; AD 98–21–21] (RIN: 2120– ant to 42 U.S.C. 401 nt.; jointly to the Com- pacity (SEBSCC) Project [Docket No. AA64) received October 19, 1998, pursuant to mittees on Ways and Means and Transpor- 980805207–8207–01] (RIN: 0648–ZA47) received 5 U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. October 15, 1998, pursuant to 5 U.S.C. Transportation and Infrastructure. f 801(a)(1)(A); to the Committee on Resources. 11827. A letter from the General Counsel, 11815. A letter from the General Counsel, Department of Transportation, transmitting REPORTS OF COMMITTEES ON National Science Foundation, transmitting the Department’s final rule—Airworthiness PUBLIC BILLS AND RESOLUTIONS the Foundation’s final rule—Conservation of Directives; Mooney Aircraft Corporation Under clause 2 of rule XIII, reports of Antarctic Animals and Plants (RIN: 3145– Models M20J, M20K, M20M, and M20R Air- committees were delivered to the Clerk AA34) received September 23, 1998, pursuant planes [Docket No. 98–CE–47–AD; Amend- to 5 U.S.C. 801(a)(1)(A); to the Committee on ment 39–10834; AD 98–21–26] (RIN: 2120–AA64) for printing and reference to the proper Resources. received October 19, 1998, pursuant to 5 calendar, as follows: 11816. A letter from the Acting Assistant U.S.C. 801(a)(1)(A); to the Committee on Mr. SOLOMON: Committee on Rules. Attorney General, Department of Justice, Transportation and Infrastructure. House Resolution 605. Resolution waiving transmitting the report on the administra- 11828. A letter from the General Counsel, points of order against the conference report tion of the Foreign Agents Registration Act Department of Transportation, transmitting to accompany the bill (H.R. 4328) making ap- covering the six months ended June 30, 1997 the Department’s final rule—Airworthiness propriations for the Department of Transpor- and December 31, 1997, pursuant to 22 U.S.C. Directives; British Aerospace Jetstream tation and related agencies for the fiscal 621; to the Committee on the Judiciary. Models 3101 and 3201 Airplanes [Docket No. year ending September 30, 1999, and for other 11817. A letter from the Acting Assistant 98–CE–28–AD; Amendment 39–10833; AD 98–21– purposes (Rept. 105–826). Referred to the Secretary, Assistant Secretary of Defense, 25] (RIN: 2120–AA64) received October 19, 1998, House Calendar. transmitting a report on the payment of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f claims to certain persons captured and in- mittee on Transportation and Infrastruc- terned by North Vietnam; to the Committee ture. PUBLIC BILLS AND RESOLUTIONS on the Judiciary. 11829. A letter from the General Counsel, Under clause 5 of rule X and clause 4 11818. A letter from the Acting Assistant Department of Transportation, transmitting of rule XXII, public bills and resolu- Attorney General, Department of Justice, the Department’s final rule—Airworthiness transmitting a draft of proposed legislation Directives; Airbus Model A300, A310, and tions were introduced and severally re- to assist law enforcement in the apprehen- A300–600 Series Airplanes [Docket No. 98– ferred, as follows: sion of fugitives from justice; to the Com- NM–74–AD; Amendment 39–10838; AD 98–21–30] By Mr. ARCHER (for himself, Mr. RAN- mittee on the Judiciary. (RIN: 2120–AA64) received October 19, 1998, GEL, Mr. CRANE, Mr. MATSUI, Mr. 11819. A letter from the Commissioner, Im- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- SHAW, Mr. RAMSTAD, Mr. DEUTSCH, migration and Naturalization Service, De- mittee on Transportation and Infrastruc- Mr. HASTINGS of Florida, Mrs. THUR- partment of Justice, transmitting the De- ture. MAN, and Mrs. MEEK of Florida): partment’s final rule—Interim Procedures 11830. A letter from the General Counsel, H.R. 4856. A bill to make miscellaneous and For Certain Health Care Workers [INS 1879– Department of Transportation, transmitting technical changes to various trade laws, and 97] (RIN: 1115–AE73) received October 14, 1998, the Department’s final rule—Modification of for other purposes; to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Class E Airspace; Menomonie, WI [Airspace Ways and Means. mittee on the Judiciary. Docket No. 98–AGL–45] received October 19, By Mr. HORN (for himself, Mr. WAX- 11820. A letter from the Commissioner, Im- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the MAN, Mr. SESSIONS, Mr. SUNUNU, and migration and Naturalization Service, De- Committee on Transportation and Infra- Mr. KANJORSKI): partment of Justice, transmitting the De- structure. H.R. 4857. A bill to reduce waste, fraud, and partment’s final rule—Suspension of Depor- 11831. A letter from the General Counsel, error in Government programs by making tation and Cancellation of Removal [EOIR Department of Transportation, transmitting improvements with respect to Federal man- No. 1241; AG Order No. 2182–98] (RIN: 1125– the Department’s final rule—Modification of agement and debt collection practices, Fed- AA25) received October 14, 1998, pursuant to Class E Airspace; Orr, MN [Airspace Docket eral payment systems, Federal benefit pro- 5 U.S.C. 801(a)(1)(A); to the Committee on the No. 98–AGL–47] received October 19, 1998, pur- grams, and for other purposes; to the Com- Judiciary. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- mittee on Government Reform and Over- 11821. A letter from the Senior Attorney, tee on Transportation and Infrastructure. sight, and in addition to the Committee on Federal Register Certifying Officer, Finan- 11832. A letter from the General Counsel, the Judiciary, for a period to be subse- cial Management Service, transmitting the Department of Transportation, transmitting quently determined by the Speaker, in each Service’s final rule—Salary Offset (RIN: 1510– the Department’s final rule—Modification of case for consideration of such provisions as AA70) received October 15, 1998, pursuant to Class E Airspace; Two Harbors, MN [Airspace fall within the jurisdiction of the committee 5 U.S.C. 801(a)(1)(A); to the Committee on the Docket No. 98–AGL–43] received October 19, concerned. Judiciary. 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. GILMAN (for himself, Mr. RAN- 11822. A letter from the Chairman, United Committee on Transportation and Infra- GEL, Mr. COX of California, Mr. States Sentencing Commission, transmitting structure. HASTERT, Mr. MENENDEZ, Mr. DREIER, Telemarketing Fraud Offenses: Explanation 11833. A letter from the General Counsel, Mr. SPENCE, Mr. HYDE, Mr. BURTON of of Recent Guideline Amendments; to the Department of Transportation, transmitting Indiana, and Mr. MCCOLLUM): Committee on the Judiciary. the Department’s final rule—Establishment H.R. 4858. A bill to provide certain benefits 11823. A letter from the Secretary of Trans- of Class E Airspace; Granite Falls, MN [Air- to Panama if Panama agrees to permit the portation, transmitting the annual report on space Docket No. 98–AGL–46] received Octo- United States to maintain military bases the Status of the Public Ports of the United ber 19, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); there after December 31, 1999; to the Com- States for Calendar Years 1996–1997, pursuant to the Committee on Transportation and In- mittee on International Relations, and in ad- to 49 U.S.C. 308(c); to the Committee on frastructure. dition to the Committee on Ways and Means, Transportation and Infrastructure. 11834. A letter from the General Counsel, for a period to be subsequently determined 11824. A letter from the General Counsel, Department of Transportation, transmitting by the Speaker, in each case for consider- Department of Transportation, transmitting the Department’s final rule—Establishment ation of such provisions as fall within the ju- the Department’s final rule—Qualification of of Class E Airspace; Park Falls, WI [Airspace risdiction of the committee concerned. October 20, 1998 CONGRESSIONAL RECORD — HOUSE H11695 By Mrs. MORELLA (for herself and Mr. tion with campaigns for election for Federal, By Mr. SOLOMON: BROWN of California): State, and local office, and for other pur- H. Res. 608. A resolution providing for a H.R. 4859. A bill to improve the ability of poses; to the Committee on House Oversight. committee of two Members to be appointed Federal agencies to license federally owned By Mr. LEACH (for himself, Mr. by the House to inform the President; pursu- inventions; to the Committee on Science, MCCOLLUM, Mrs. ROUKEMA, Mr. ant to H.Res. 594; considered as having been and in addition to the Committee on the Ju- BAKER, Mr. LAZIO of New York, Mr. adopted. diciary, for a period to be subsequently de- BACHUS, Mr. CASTLE, and Mr. SOLO- By Mr. GILMAN (for himself, Mr. HAM- termined by the Speaker, in each case for MON): ILTON, and Mr. LANTOS): consideration of such provisions as fall with- H.R. 4870. A bill to enhance competition in H. Res. 609. A resolution expressing con- in the jurisdiction of the committee con- the financial services industry by providing cern over interference with freedom of the cerned. a prudential framework for the affiliation of press and the independence of judicial and By Mr. BAESLER: banks, securities firms, and other financial electoral institutions in Peru; to the Com- H.R. 4860. A bill to amend the Violence service providers, and for other purposes; to mittee on International Relations. Against Women Act of 1994 to establish a na- the Committee on Banking and Financial By Ms. MCKINNEY: tional domestic violence victim notification Services, and in addition to the Committee H. Res. 610. A resolution expressing the system; to the Committee on the Judiciary. on Commerce, for a period to be subse- sense of the House of Representatives that By Mr. BARR of Georgia: quently determined by the Speaker, in each the people of the Republic of Mozambique H.R. 4861. A bill to nullify the effect of cer- case for consideration of such provisions as are to be commended for their commitment tain provisions of various Executive orders; fall within the jurisdiction of the committee to rebuilding their nation after years of civil to the Committee on International Rela- concerned. war, their willingness to live together har- tions. By Mr. MCCRERY (for himself and Mr. moniously despite sharp political dif- By Mr. CARDIN: JEFFERSON): ferences, and their ability to overcome pov- H.R. 4862. A bill to amend title XVIII of the H.R. 4871. A bill to amend the Internal Rev- erty, health crises, and refugee outflows to Social Security Act to guarantee that Medi- enue Code of 1986 to provide that interest on build a growing economy and a positive fu- care beneficiaries enrolled in indebtedness used to finance the furnishing ture for their country; to the Committee on MedicareChoice plans offering prescription or sale of rate-regulated electric energy or International Relations. considered and drug coverage have access to a Medigap pol- natural gas in the United States shall be al- agreed to. icy that offers similar prescription drug cov- located solely to sources within the United f erage in the event the MedicareChoice plan States; to the Committee on Ways and terminates service in the area in which the Means. MEMORIALS beneficiary resides; to the Committee on By Mr. TOWNS (for himself, Mrs. Commerce. MORELLA, Mr. MCDERMOTT, Mr. Under clause 4 of rule XXII, memori- By Mr. CONDIT (for himself and Mr. LOBIONDO, Mrs. LOWEY, Mr. CARDIN, als were presented and referred as fol- JOHN): Mr. LEVIN, Mr. BROWN of Ohio, Mr. lows: H.R. 4863. A bill to ensure the incorpora- WAXMAN, Mr. KLINK, Mr. WYNN, Mr. 402. The SPEAKER presented a memorial tion of risk assessment and cost benefit anal- SCHUMER, Mr. ABERCROMBIE, and Mrs. of the House of Representatives of the State ysis in the rulemaking process; to the Com- CAPPS): of Michigan, relative to House Concurrent mittee on the Judiciary, and in addition to H.R. 4872. A bill to amend title XVIII of the Resolution No. 78 memorializes the Congress the Committee on Government Reform and Social Security Act to provide for reim- of the United States to increase the amount Oversight, for a period to be subsequently de- bursement of certified midwife services, to of money being distributed to the states termined by the Speaker, in each case for provide for more equitable reimbursement from the Leaking Underground Storage consideration of such provisions as fall with- rates for certified nurse-midwife services, Tank Trust Fund; to the Committee on Com- in the jurisdiction of the committee con- and for other purposes; to the Committee on merce. cerned. Ways and Means, and in addition to the Com- 403. Also, a memorial of the Senate of the By Mr. DREIER: mittee on Commerce, for a period to be sub- H.R. 4864. A bill to provide grants to local State of New Jersey, relative to Senate Res- sequently determined by the Speaker, in olution Number 41, memorializing the Con- educational agencies to allow such agencies each case for consideration of such provi- to promote certain education initiatives; to gress of the United States to provide $5 mil- sions as fall within the jurisdiction of the lion in federal funds for the next stage of the Committee on Education and the Work- committee concerned. force. project development, as noted hereinabove, By Mr. WAXMAN: for the Trans-Hudson/Midtown Corridor Man- By Mr. ENGEL (for himself, Mr. HALL H.R. 4873. A bill to amend the Public agement/Project Development Initiative in of Texas, Mr. MANTON, Mr. TOWNS, Health Service Act to establish an Office of the report of the conference committee on Ms. FURSE, Mr. RODRIGUEZ, and Mr. Autoimmune Diseases at the National Insti- House Resolution 2400, the reauthorization of LEWIS of Georgia): tutes of Health, and for other purposes; to the ‘‘Intermodal Surface Transportation Ef- H.R. 4865. A bill to allow taxpayers to des- the Committee on Commerce. ficiency Act’’; to the Committee on Trans- ignate contributions to charity on their re- By Mr. SOLOMON: turn of tax and to establish the Checkoff for H.J. Res. 138. A joint resolution appointing portation and Infrastructure. Charity Commission to ensure that such con- the day for the convening of the first session 404. Also, a memorial of the General As- tributions are paid to the designated char- of the One Hundred Sixth Congress; pursuant sembly of the State of California, relative to ities; to the Committee on Ways and Means, to H.Res. 594; considered as having been Assembly Joint Resolution 48 memorializing and in addition to the Committee on Com- passed. the President and the Congress of the United merce, for a period to be subsequently deter- By Mr. SOLOMON: States to remove the limitation on the num- mined by the Speaker, in each case for con- H. Con. Res. 353. Concurrent resolution ber of persons who may have a medical sav- sideration of such provisions as fall within providing for the sine die adjournment of the ings account to permit funds in a medical the jurisdiction of the committee concerned. second session of the One Hundred Fifth Con- savings account to be used to pay premiums By Mr. FOSSELLA: gress; considered and agreed to. on any employee’s health care medical plan H.R. 4866. A bill to require the Federal By Mr. FRELINGHUYSEN (for himself, or provide that those health care plan pre- Aviation Administration to address the air- Mr. FRANKS of New Jersey, Mr. MEE- miums be otherwise deductible; to the Com- craft noise problems of Staten Island, New HAN, Mr. MILLER of Florida, Mr. mittee on Ways and Means. York; to the Committee on Transportation QUINN, Mr. BARRETT of Wisconsin, 405. Also, a memorial of the House of Rep- and Infrastructure. Mr. SUNUNU, Mr. BOEHLERT, Mr. NEU- resentatives of the Commonwealth of Penn- By Mr. GIBBONS (for himself and Mr. MANN, Mr. PAPPAS, Mr. SHAYS, Mrs. sylvania, relative to House Resolution #526 ENSIGN): ROUKEMA, and Mr. UPTON): memorializing the Congress of the United H.R. 4867. A bill to direct the Secretary of H. Con. Res. 354. Concurrent resolution to States to appropriate at least $1.3 billion for the Interior to convey certain public lands to correct the enrollment of H.R. 4328; to the fiscal year 1999–2000 and an advance appro- the Town of Pahrump, Nevada, for use for a Committee on House Oversight. priation of at least $1.3 billion for fiscal year recreation complex; to the Committee on Re- By Mr. SOLOMON: 2000–2001 for the Low-Income Home Energy sources. H. Res. 606. A resolution providing for an Assistance Program; jointly to the Commit- By Mr. LAZIO of New York: organizational caucus or conference in the tees on Commerce and Education and the H.R. 4868. A bill to amend title 18, United House of Representatives for the One Hun- Workforce. States Code, to provide penalties for certain dred Sixth Congress; pursuant to H.Res. 594; f crimes relating to day care providers in or considered as having been adopted. affecting interstate or foreign commerce; to By Mr. SOLOMON: ADDITIONAL SPONSORS the Committee on the Judiciary. H. Res. 607. A resolution providing for a re- Under clause 4 of the rule XXII, spon- By Mr. LEACH: vised edition of the Rules and Manual of the H.R. 4869. A bill to amend the Federal Elec- House of Representatives for the One Hun- sors were added to public bills and res- tion Campaign Act of 1971 to prohibit all dis- dred Sixth Congress; pursuant to H.Res. 594; olutions as follows: bursements by foreign nationals in connec- considered as having been adopted. H.R. 23: Mr. SCHUMER and Mr. RODRIGUEZ. H11696 CONGRESSIONAL RECORD — HOUSE October 20, 1998

H.R. 74: Mr. FORD. H.R. 4198: Ms. KAPTUR. H. Res. 359: Ms. ROYBAL-ALLARD. H.R. 616: Mr. SERRANO. H.R. 4203: Mr. SKELTON. H. Res. 483: Mr. VENTO and Ms. DELAURO. H.R. 880: Mr. JOHN. H.R. 4291: Ms. LEE. H. Res. 603: Mr. GILMAN and Mr. SMITH of H.R. 1061: Mrs. WILSON. H.R. 4340: Mr. BARRETT of Wisconsin. New Jersey. H.R. 1165: Mr. SERRANO. H.R. 4344: Mr. SISISKY, Mr. LAMPSON, and H.R. 1299: Mr. BALLENGER. Mr. BOYLE. f H.R. 1378: Mr. LIVINGSTON. H.R. 4362: Mr. BAESLER. H.R. 1441: Mr. RAMSTAD. H.R. 4383: Mr. BOUCHER and Mr. SHADEGG. H.R. 1628: Mr. MCDERMOTT. H.R. 4467: Mr. MOAKLEY and Mr. H.R. 1711: Mr. DELAY, Mr. MASCARA, and DELETIONS OF SPONSORS FROM FALEOMAVAEGA. Mr. WISE. PUBLIC BILLS AND RESOLUTIONS H.R. 4571: Mr. THOMPSON. H.R. 2273: Ms. HOLLEY of Oregon. H.R. 4584: Mr. HILLIARD, Mr. STARK, and Under clause 4 of rule XXII, sponsors H.R. 2275: Mr. SHERMAN. H.R. 2523: Mr. KILDEE. Mr. JACKSON of Illinois. were deleted from public bills and reso- H.R. 2704: Mr. FROST. H.R. 4590: Mr. ROMERO-BARCELO and Mr. lutions as follows: BOYD. H.R. 2708: Mr. ROEMER. H. Con. Res. 345: Mr. ROHRABACHER. H.R. 2758: Mr. DUNCAN, Mr. QUINN, and Mr. H.R. 4627: Ms. ROYBAL-ALLARD, Ms. KANJORSKI. SLAUGHTER, and Mr. ACKERMAN. f H.R. 2914: Ms. DELAURO. H.R. 4634: Mr. TAUZIN. H.R. 3081: Mr. WALSH, Mr. FRANKS of New H.R. 4653: Ms. BROWN of Florida. Jersey, and Mr. RODRIGUEZ. H.R. 4663: Mr. SAM JOHNSON of Texas, Mr. PETITIONS, ETC. H.R. 3134: Mr. CUMMINGS. HAYWORTH, and Mr. HERGER. H.R. 3217: Mr. SMITH of New Jersey. H.R. 4716: Mr. CAMPBELL, Mr. CUNNINGHAM, Under clause 1 of rule XXII, petitions H.R. 3308: Mr. POMEROY. and Ms. ROYBAL-ALLARD. and papers were laid on the clerk’s H.R. 3568: Mr. SERRANO. H.R. 4717: Mr. CASTLE, Mr. NORWOOD, Mr. desk and referred as follows: H.R. 3572: Mr. STRICKLAND. SESSIONS, Mr. DICKEY, Mr. ROEMER, Mr. 83. The SPEAKER presented a petition of H.R. 3667: Mr. WATT of North Carolina. RADANOVICH, Mr. BLUNT, and Mr. GILCHREST. H.R. 3780: Mr. HAYWORTH and Ms. PELOSI. the city of San Jose, relative to a petition H.R. 4739: Mr. LEWIS of Georgia. H.R. 3794: Ms. SLAUGHTER. H.R. 4740. Mr. WELLER. from the Mayor urging that the 1998 Water H.R. 3802: Mr. RUSH. H.R. 4741. Mr. WELLER. Resources Development Act (WRDA) be con- H.R. 3814: Mr. LAFALCE. H.R. 4754. Mr. MCHUGH and Mr. WALSH. sidered by the House of Representatives; to H.R. 3835: Mr. STEARNS, Mr. HILL, Mr. H.R. 4762. Mr. FOX of Pennsylvania. the Committee on Transportation and Infra- HINOJOSA, Ms. KILPATRICK, Ms. DELAURO, and H.R. 4777. Mrs. MORELLA and Mr. MORAN of structure. Mr. DIAZ-BALART. Virginia. 84. Also, a petition of the Legislative Re- H.R. 3870: Mrs. WILSON and Ms. HOOLEY of H.R. 4778: Mr. HAYWORTH and Mr. INGLIS of search Commission, relative to the Balanced Oregon. Budget Act of 1997 urging the United States H.R. 3879: Mr. RAMSTAD and Mr. EVANS. South Carolina. Congress and the 42nd President of the H.R. 3946: Mr. GILCHREST. H.R. 4804: Mr. STARK. United States, William Jefferson Clinton, to H.R. 3949: Mr. TAYLOR of Mississippi. H.R. 4818: Mr. GUTIERREZ and Mr. SANDERS. H.R. 3971: Ms. NORTON. H.R. 4843: Ms. NORTON, Mr. DIXON, Mr. rescind provisions of the Balanced Budget H.R. 4019: Mr. RODRIGUEZ. GUTIERREZ, Mr. THOMPSON, Mr. HINCHEY, Mr. Act of 1997 related to an interim payment H.R. 4035: Mr. BENTSEN and Mr. RUSH. BARRETT of Wisconsin, and Mr. CUMMINGS. system for Medicare home health services H.R. 4036: Mr. RUSH. H. Con. Res. 52: Mr. TANNER. and to work jointly with the Health Care Fi- H.R. 4066: Mr. POSHARD, Mr. HILLIARD, Mrs. H. Con. Res. 114: Mr. BUNNING of Kentucky. nancing Administration to develop any nec- MINK of Hawaii, Mr. FRANK of Massachu- H. Con. Res. 154: Ms. ESHOO. essary amendments or changes in regula- setts, Mr. EVANS, Mr. SERRANO, Mr. MATSUI, H. Con. Res. 229: Mrs. CLAYTON. tions in a manner which does not disrupt, in- and Ms. WOOLSEY. H. Con. Res. 232: Mr. POSHARD. terrupt or eliminate services to Medicare H.R. 4135: Ms. JACKSON-LEE of Texas, Ms. H. Con. Res. 258: Mr. TALENT. home health beneficiaries who are dependent CHRISTIAN-GREEN, Mr. SERRANO, Mr. H. Con. Res. 347: Ms. HOOLEY of Oregon, Mr. on home health; jointly to the Committees CUMMINGS, and Mr. STOKES. BERMAN, and Ms. LEE. on Ways and Means and Commerce. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, TUESDAY, OCTOBER 20, 1998 No. 150 Senate (Legislative day of Friday, October 2, 1998)

The Senate met at 10 a.m., on the ex- our hearts. We realize that this arte- SCHEDULE piration of the recess, and was called to sian peace flows from Your indwelling order by the President pro tempore Spirit. Suddenly, we feel something we Mr. BURNS. Mr. President, today the (Mr. THURMOND). know we cannot produce on our own. Senate will begin a period of morning We are given the gift of patience with business until 11 a.m. Following morn- PRAYER ourselves, others, and the processes of ing business, the Senate is expected to The Chaplain, Dr. Lloyd John government. Thank You for setting us begin debate in relation to the omnibus Ogilvie, offered the following prayer: free to live each hour strengthened by appropriations bill while awaiting Gracious God, our loving Father, Your power. Through our Lord and House action on the measure early this three liberating assurances capture our Savior. Amen. evening. thinking, calm our nerves, change our f There will be no rollcall votes during moods, and lift our spirits: You are on today’s session of the Senate. The next our side; You are by our side; You give RECOGNITION OF THE ACTING MAJORITY LEADER rollcall vote, assuming one is still re- us peace inside. It is wonderful to know quired on passage of the omnibus bill, that You are for us and not against us. The PRESIDENT pro tempore. The is expected to occur at 9:30 a.m. on Night and day, You are seeking to bless acting majority leader, the distin- Wednesday, October 21st. All Members us. Even Your judgments are meant to guished Senator from Montana, is rec- will be immediately notified when the bring us closer to You. We are never ognized. exact voting schedule becomes avail- alone. Your presence gives us hope. Mr. BURNS. I thank the Chair. It al- You remind us that You are in charge, ways helps the day to open the Senate able. and that we can trust You. Thank You under the gavel of our distinguished I thank my colleagues for their at- for the profound peace that results in friend from South Carolina. tention.

N O T I C E If the 105th Congress adjourns sine die on or before October 21, 1998, a final issue of the Congressional Record for the 105th Congress will be published on October 28, 1998, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through October 27. The final issue will be dated October 28, 1998, and will be delivered on Thursday, October 29. If the 105th Congress does not adjourn until a later date in 1998, the final issue will be printed at a date to be an- nounced. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘Records@Reporters’’. Members of the House of Representatives’ statements may also be submitted electronically on a disk to accompany the signed statement and delivered to the Official Reporter’s office in room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512–0224, be- tween the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. JOHN W. WARNER, Chairman.

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

S12679

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VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12680 CONGRESSIONAL RECORD — SENATE October 20, 1998 UNANIMOUS-CONSENT the presence of such virus and communicate There being no objection, the Senate AGREEMENT—H.J. RES. 137 the test results to the person tested; and proceeded to consider the bill. ‘‘(2) consistent with the guidelines issued AMENDMENT NO. 3833 Mr. BURNS. Mr. President, I ask by the Bureau of Prisons relating to infec- unanimous consent that when the Sen- tious disease management, inform any per- (Purpose: To provide a substitute) ate receives H.J. Res. 137, the 1-day son (in, as appropriate, confidential con- Mr. BURNS. Senator DEWINE has an continuing resolution, the resolution sultation with the person’s physician) who amendment at the desk, and I ask for be considered read the third time and may have been exposed to such virus, of the its consideration. passed, and the motion to reconsider be potential risk involved and, if warranted by The PRESIDENT pro tempore. The laid upon the table. the circumstances, that prophylactic or clerk will report. The PRESIDENT pro tempore. With- other treatment should be considered. ‘‘(c) If the results of a test under sub- The legislative clerk read as follows: out objection, it is so ordered. section (a) or (b) indicate the presence of the The Senator from Montana (Mr. BURNS), f human immunodeficiency virus, the Attor- for Mr. DEWINE, proposes an amendment numbered 3833. CORRECTION OFFICERS HEALTH ney General shall provide appropriate access for counselling, health care, and support AND SAFETY ACT OF 1998 (The text of the amendment is print- services to the affected officer, employee, or ed in today’s RECORD under ‘‘Amend- Mr. BURNS. Mr. President, I ask other person, and to the person tested. ments Submitted.’’) unanimous consent that the Judiciary ‘‘(d) The results of a test under this section are inadmissible against the person tested in Mr. BURNS. Mr. President, I ask Committee be discharged from further unanimous consent that the amend- consideration of H.R. 2070, and the Sen- any Federal or State civil or criminal case or proceeding. ment be agreed to, the bill be read a ate then proceed to its immediate con- ‘‘(e) Not later than 1 year after the date of third time and passed, the motion to sideration. enactment of this section, the Attorney Gen- reconsider be laid upon the table, and The PRESIDENT pro tempore. The eral shall issue rules to implement this sec- that any statements relating to the clerk will report. tion. Such rules shall require that the re- bill be placed at the appropriate place The legislative clerk read as follows: sults of any test are communicated only to in the RECORD. A bill (H.R. 2070) to amend title 18, United the person tested, and, if the results of the States Code, to provide for the mandatory test indicate the presence of the virus, to The PRESIDENT pro tempore. With- testing for serious transmissible diseases of correctional facility personnel consistent out objection, it is so ordered. incarcerated persons whose bodily fluids with guidelines issued by the Bureau of Pris- The amendment (No. 3833) was agreed come into contact with corrections per- ons. Such rules shall also provide for proce- to. sonnel and notice to those personnel of the dures designed to protect the privacy of a The bill (H.R. 4283), as amended, was results of the tests, and for other purposes. person requesting that the test be performed considered read the third time and The PRESIDENT pro tempore. Is and the privacy of the person tested.’’. passed. (b) CLERICAL AMENDMENT.—The table of there objection to the immediate con- sections at the beginning of chapter 301 of f sideration of the bill? title 18, United States Code, is amended by There being no objection, the Senate adding at the end the following new item: CONTROLLED SUBSTANCES TRAFFICKING PROHIBITION ACT proceeded to consider the bill. ‘‘4014. Testing for human immunodeficiency AMENDMENT NO. 3832 virus.’’. Mr. BURNS. Mr. President, I ask (Purpose: To provide a complete substitute) (c) GUIDELINES FOR STATES.—Not later unanimous consent that the Senate Mr. BURNS. Senator HATCH has a than 1 year after the date of the enactment now proceed to consideration of H.R. substitute amendment at the desk. of this Act, the Attorney General, in con- 3633, which is at the desk. The PRESIDENT pro tempore. The sultation with the Secretary of Health and The PRESIDENT pro tempore. The clerk will report. Human Services, shall provide to the several clerk will report. The legislative clerk read as follows: States proposed guidelines for the preven- The legislative clerk read as follows: tion, detection, and treatment of incarcer- The Senator from Montana (Mr. BURNS), ated persons and correctional employees who A bill (H.R. 3633) to amend the Controlled for Mr. HATCH, proposes an amendment num- have, or may be exposed to, infectious dis- Substances Import and Export Act to place bered 3832. eases in correctional institutions. limitations on controlled substances brought Strike all after the enacting clause and in- into the United States. sert the following: Mr. BURNS. Mr. President, I ask The PRESIDENT pro tempore. Is SECTION 1. SHORT TITLE. unanimous consent that the amend- This Act may be cited as the ‘‘Correction ment be agreed to, the bill be read the there objection to the immediate con- Officers Health and Safety Act of 1998’’. third time and passed, the motion to sideration of the bill? SEC. 2. TESTING FOR HUMAN IMMUNO- reconsider be laid upon the table, and There being no objection, the Senate DEFICIENCY VIRUS. that any statement relating to the bill proceeded to consider the bill. (a) IN GENERAL.—Chapter 301 of title 18, appear at this point in the RECORD. Mr. LEAHY. Mr. President, H.R. 3633, United States Code, is amended by adding at ‘‘The Controlled Substances Traf- the end the following: The PRESIDENT pro tempore. With- out objection, it is so ordered. ficking Prohibition Act,’’ addresses a ‘‘§ 4014. Testing for human immunodeficiency gap in our controlled substances laws. virus The amendment (No. 3832) was agreed to. At present, people entering the United ‘‘(a) The Attorney General shall cause each States from Mexico may bring up to a individual convicted of a Federal offense who The bill (H.R. 2070), as amended, was is sentenced to incarceration for a period of considered read the third time and ninety-day supply of drug products 6 months or more to be tested for the pres- passed. into the country without a prescrip- ence of the human immunodeficiency virus, f tion, under the so-called ‘‘personal as appropriate, after the commencement of use’’ exemption. Many of these drug that incarceration, if such individual is de- AFRICA: SEEDS OF HOPE ACT OF products are then illegally distributed termined to be at risk for infection with 1998 within the United States. such virus in accordance with the guidelines Mr. BURNS. Mr. President, I ask Such abuses have increased dramati- issued by the Bureau of Prisons relating to unanimous consent that the Senate cally in recent years, and there is a infectious disease management. ‘‘(b) If the Attorney General has a well- proceed to the immediate consider- need to address this problem now. H.R. founded reason to believe that a person sen- ation of H.R. 4283, which is at the desk. 3633 does this by limiting the personal tenced to a term of imprisonment for a Fed- The PRESIDENT pro tempore. The use exemption in certain cir- eral offense, or ordered detained before trial clerk will report. cumstances to 50 dosage units. But this under section 3142(e), may have intentionally The legislative clerk read as follows: is only a stopgap measure. What con- or unintentionally transmitted the human A bill (H.R. 4283) to support sustainable stitutes ‘‘personal use’’ is a com- immunodeficiency virus to any officer or em- and broad-based agricultural and rural devel- plicated issue that will turn on a num- ployee of the United States, or to any person opment in sub-Saharan Africa, and for other ber of circumstances, including the na- lawfully present in a correctional facility purposes. who is not incarcerated there, the Attorney ture of the controlled substance and General shall— The PRESIDENT pro tempore. Is the medical needs of the individual. It ‘‘(1) cause the person who may have trans- there objection to the immediate con- is the sort of issue that should be ad- mitted the virus to be tested promptly for sideration of the bill? dressed not through single-standard

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12681 legislation but through measures regu- The PRESIDENT pro tempore. Is a responsibility he has taken unto him- lations passed by an agency with exper- there objection to the immediate con- self with great dignity as he carries out tise in the matter. For this reason, I sideration of the bill? his duties to the credit of this memo- believe that we will have to take this There being no objection, the Senate rable institution, and we express our issue up again next year, to direct the proceeded to consider the bill. great appreciation to the President pro Department of Justice to study the Mr. BURNS. Mr. President, I ask tempore. To the best of my knowledge, problems at our borders and to pass unanimous consent that the bill be he has not missed a single day of this regulations that are more finely-tuned read the third time and passed, the mo- Congress in opening up the Senate, to address those problems. In the tion to reconsider be laid upon the which is another record to add to the meantime, H.R. 3633 will help to stem table, and that any statements relating many, many records of our distin- the tide of illegal importations of con- to the bill be placed at the appropriate guished President pro tempore. trolled drugs, which pose dangers to place in the RECORD. Mr. THURMOND. I thank the able Americans when illegally distributed The PRESIDENT pro tempore. With- Senator very much for his kind re- and used. out objection, it is so ordered. marks. Mr. BURNS. Mr. President, I ask The bill (H.R. 4501) was considered Mr. WARNER. I thank the distin- unanimous consent that the bill be read the third time and passed. guished Senator. considered read the third time and f I rise to address two subjects today, passed, the motion to reconsider be and I ask unanimous consent to use laid upon the table, and that any state- TECHNICAL CORRECTION OF H.R. such time as I may require, although I ment relating to the bill appear at the 3910 will yield to others as they appear in appropriate place in the RECORD. Mr. BURNS. Mr. President, I ask the Chamber seeking recognition. The PRESIDENT pro tempore. With- unanimous consent that the Senate The PRESIDING OFFICER. Without out objection, it is so ordered. proceed to the consideration of S. Con. objection, it is so ordered. The bill (H.R. 3633) was considered Res. 129, which was submitted by Sen- Mr. WARNER. I thank the Chair. read the third time and passed. ator MURKOWSKI. f f The PRESIDENT pro tempore. The UNITED STATES-CUBA RELATIONS AMENDING THE FOREIGN SERVICE clerk will report. The legislative clerk read as follows: Mr. WARNER. Mr. President, I have ACT OF 1980 great concerns about our Nation’s pol- A current resolution (S. Con. Res. 129) to Mr. BURNS. Mr. President, I ask correct a technical error in the enrollment of icy towards Cuba. Castro remains, in unanimous consent that the Senate H.R. 3910. the mind of this Senator and the minds of most, as an individual who has proceed to the immediate consider- The PRESIDENT pro tempore. Is brought great harm to that nation, and ation of H.R. 633, which was received there objection to the immediate con- it persists to this day. The human suf- from the House. sideration of the resolution? fering there is incalculable. The PRESIDENT pro tempore. The There being no objection, the Senate Some months ago, I joined with my clerk will report. proceeded to consider the resolution. distinguished friend and colleague, the The legislative clerk read as follows: Mr. BURNS. I ask unanimous consent senior Senator from Connecticut, Mr. A bill (H.R. 633) to amend the Foreign that the resolution be agreed to, the DODD, who has had considerable experi- Service Act of 1980 to provide that the annu- motion to reconsider be laid upon the ities of certain special agents and security ence in this region of our hemisphere, table, and that any statements relating personnel of the Department of State be in trying to seek legislation to allow to the resolution be printed in the computed in the same way as applies gen- the sale of U.S. food, medicine and RECORD. erally with respect to Federal law enforce- medical equipment to Cuba. ment officers, and for other purposes. The PRESIDENT pro tempore. With- Regrettably, that has not been done out objection, it is so ordered. The PRESIDENT pro tempore. Is in its totality. There have been some The resolution (S. Con. Res. 129) was there objection to the immediate con- efforts, but nevertheless that continues agreed to as follows: sideration of the bill? to present itself as an example of how There being no objection, the Senate S. CON. RES. 129 I believe—and others share my belief— proceeded to consider the bill. Resolved by the Senate (the House of Rep- that the overall policy between the Mr. BURNS. Mr. President, I ask resentatives concurring), That in the enroll- United States of America and Cuba unanimous consent that the bill be ment of H.R. 3910 the Clerk of the House shall, in title IV, section 406, strike ‘‘5 years should be thoroughly, pragmatically considered read a third time and and objectively reviewed. With that passed, the motion to reconsider be after the date of enactment of the Omnibus National Parks and Public Lands Act of purpose in mind, I and other Sen- laid upon the table, and that any state- 1998’’ and insert ‘‘5 years after the date of en- ators—I think some 15 in number— ments relating to the bill be placed at actment of this Act’’. have written the President of the the appropriate place in the RECORD. f United States requesting that he, hope- The PRESIDENT pro tempore. With- fully jointly with the Congress, estab- out objection, it is so ordered. MORNING BUSINESS lish a commission to make such a The bill (H.R. 633) was considered Mr. BURNS. Mr. President, we now study. In short, we wrote President read the third time and passed. enter a time for morning business, and Clinton recommending ‘‘the establish- f I yield the floor. ment of a national bipartisan commis- REQUIRING A STUDY REGARDING Mr. WARNER addressed the Chair. sion to review our current U.S.-Cuba IMPROVED OUTDOOR REC- The PRESIDENT pro tempore. The policy.’’ REATIONAL ACCESS FOR PER- able Senator from Virginia, Senator My reason for making this rec- SONS WITH DISABILITIES WARNER. ommendation is simple and straight- (Mr. BURNS assumed the Chair.) forward. The current United States- Mr. BURNS. Mr. President, I ask Cuba policy in effect for nearly 40 unanimous consent that the Senate f years—that is astonishing, 40 years— proceed to the immediate consider- THE PRESIDENT PRO TEMPORE has yet to achieve its goal of a peaceful ation of H.R. 4501, which is at the desk. Mr. WARNER. Mr. President, I thank transition to democracy in Cuba. Of The PRESIDENT pro tempore. The the distinguished President pro tem- course, Castro remains the single most clerk will report. pore. I think it should be noted from The legislative clerk read as follows: formidable obstacle to achieving that time to time, particularly on this, pre- goal. A bill (H.R. 4501) a bill to require the Sec- sumably one of the last 2 days of the Now the time has come, in our judg- retary of Agriculture and the Secretary of the Interior to conduct a study to improve Congress, that this distinguished Presi- ment, for a thoughtful, rational and the access for persons with disabilities to dent pro tempore has reported every objective analysis of our current U.S. outdoor recreational opportunities made morning the Senate has convened, so policy toward Cuba and its overall ef- available to the public. far as I know, to open the Senate. It is fect on this hemisphere. I am not alone

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12682 CONGRESSIONAL RECORD — SENATE October 20, 1998 in putting forward this proposal. As I canceled the sugar quota on July 6, 1960 and Thank you in advance for your thoughtful have previously stated, I was joined in President Kennedy imposed the first total consideration. this recommendation to the President embargo on Cuba on February 7, 1962. Most Sincerely, by a distinguished and bipartisan group recently, Congress passed the Cuban Democ- John Warner, Chuck Hagel, Rod Grams, racy Act in 1992 and the Helms-Burton Act in James M. Jeffords, Michael B. Enzi, of Senate colleagues. In addition, a 1996. Since the passage of both of these bills Bob Kerrey, Rick Santorum, Dirk world-respected group of former senior there have been significant changes in the Kempthorne, Kit Bond, John Chafee, Government officials of our United world situation that warrant a review of our Craig Thomas, Dale Bumpers, Chris States have written to me—I asked for U.S.-Cuba policy including the termination, Dodd, Pat Roberts. that letter and obtained it—in strong in 1991, of billions of dollars of annual Soviet support of the establishment of the economic assistance to Cuba, and the his- BAKER, DONELSON, BEARMAN commission. toric visit of Pope John Paul II to Cuba in & CALDWELL, That distinguished group includes 1998. Washington, DC, September 30, 1998. In addition, during the past 24 months nu- Hon. JOHN WARNER, Howard Baker, Jr., former Senate ma- merous delegations from the United States U.S. Senate, jority leader; Frank Carlucci, former have visited Cuba, including current and Washington, DC. Secretary of Defense; Lawrence former Members of Congress, representatives DEAR SENATOR WARNER: As Americans who Eagleburger, former Secretary State; from the American Association of World have been engaged in the conduct of foreign Henry Kissinger, former Secretary of Health, and former U.S. military leaders. relations in various positions over the past State; William D. Rogers, former Under These authoritative groups have analyzed three decades, we believe that it is timely to Secretary of State; Harry W. the conditions and capabilities on the island conduct a review of United States policy to- and have presented their findings in the ward Cuba. We therefore encourage you and Shalaudeman, former Assistant Sec- areas of health, the economy, religious free- your colleagues to support the establishment retary of State and Malcolm Wallop, dom, human rights, and military capacity. of a National Bipartisan Commission on former U.S. Senator. Further, I am in- Also, in May 1998, the Pentagon completed a Cuba. formed that former Secretary of State study on the security risk of Cuba to the I am privileged to be joined in this request George Shultz supports our efforts. United States. by: Howard H. Baker, Jr., Former Majority Mr. President, it is my hope that However, the findings and reports of these Leader, U.S. Senate; William D. Rogers, President Clinton will act to imple- delegations, including the study by the Pen- Former Under Secretary of State; Frank Carlucci, Former Secretary of Defense; ment our recommendation. Should he tagon, and the call by Pope John Paul II for the opening of Cuba by the world, have not Harry W. Shalaudeman, Former Assistant choose to do so, the analysis and rec- been broadly reviewed by all U.S. policy Secretary of State; Henry A. Kissinger, ommendations that are put forth will makers. As Members of the U.S. Senate, we Former Secretary of State; and Malcolm provide both the Congress and the Ad- believe it is in the best interest of the United Wallop, Former Member, U.S. Senate. ministration with the means to shape States, our allies, and the Cuban people to We recommend that the President consider and strengthen our future relationship review these issues. the president and the procedures of the Na- with Cuba. We therefore recommend that a ‘‘National tional Bipartisan Commission on Central The recommendation that we have Bipartisan Commission on Cuba’’ be created America chaired by former Secretary of to conduct a thoughtful, rational, and objec- State Henry A. Kissinger, which President for this commission is parallel to one tive analysis of our current U.S. policy to- Reagan established in 1983. As you know, the that was set up by a past President in ward Cuba and its overall effect on this Kissinger Commission helped significantly response to the need to look at the hemisphere. This analysis would in turn help to clarify the difficult issues inherent in U.S. overall hemisphere. It was known as us shape and strengthen our future relation- Policy in Central America and to forge a new the Kissinger Commission. It has, I ship with Cuba. consensus on many of them. think, the customary provisions in it We recommend that the members of this We believe that such a Commission would whereby the President makes certain Commission be selected, like the ‘‘Kissinger serve the national interest in this instance as well. It could provide the Administration, appointments and the Congress will Commission’’, from a bipartisan list of dis- tinguished Americans who are experienced in the Congress, and the American people with make certain appointments. I think the field of international relations. These in- objective analysis and useful policy rec- there will be a wealth of talent ready, dividuals should include representatives ommendations for dealing with the complex- able, and willing to step forward at the from a cross section of U.S. interests includ- ities of our relationship with Cuba, and in call of the Executive branch and the ing public health, military, religion, human doing so advance the cause of freedom and Legislative branch to take up the re- rights, business, and the Cuban American democracy in the Hemisphere. sponsibility of a very serious challenge, community. A bipartisan group of eight Sincerely, to establish a revised policy between Members of Congress would be appointed by LAWRENCE S. EAGLEBURGER. our Nation and Cuba. the Congressional Leadership to serve as counselors to the Commission. A GOOD IDEA ON CUBA Mr. President, I ask unanimous con- The Commission’s tasks should include the By chance, a record 157 countries voted in sent my letter to President Clinton, delineation of the policy’s specific achieve- the U.N. General Assembly against the the letter sent to me by Lawrence ments and the evaluation of (1) what na- American embargo of Cuba just as a proposal Eagleburger, and an October 16, 1998, tional security risk Cuba poses to the United for a high-powered national bipartisan com- Washington Post editorial on this sub- States and an assessment of any role the mission to review the United States’ whole ject be printed in the RECORD. Cuban government may play in international Cuba policy was emerging from the Senate. There being no objection, the mate- terrorism and illegal drugs, (2) the indem- In the Assembly, only Israel supported Wash- rial was ordered to be printed in the nification of losses incurred by U.S.-certified ington in defense of an embargo that has claimants with confiscated property in Cuba, been the centerpiece of American policy for RECORD, as follows: and (3) the domestic and international im- 36 years and that has not been soberly re- U.S. SENATE, pacts of the 36-year-old U.S.-Cuba economic, viewed since the Cold War ended. Sen. John Washington, DC, October 13, 1998. trade and travel embargo on: (a) U.S. inter- Warner (R–Va.) is author of the review pro- Hon. WILLIAM JEFFERSON CLINTON, national relations with our foreign allies; (b) posal. He has gotten heavy-duty legislators President of the United States, The White the political strength of Cuba’s leader; (c) and former foreign policy officials to sign on. House, Washington, DC. the condition of human rights, religious free- So much has changed over the four decades DEAR MR. PRESIDENT: We, the undersigned, dom, freedom of the press in Cuba; (d) the of Cuban-American collision. The Cold War recommend that you authorize the establish- health and welfare of the Cuban people; (e) is over, terminating Cuban security threats ment of a National Bipartisan Commission the Cuban economy; (f) the U.S. economy, to the United States. Cuba, by its own totali- to review our current U.S.-Cuba policy. This business, and jobs. tarian rule and economic mismanagement, Commission would follow the precedent and More and more Americans from all sectors and not just by the embargo, has entirely work program of the National Bipartisan of our nation are becoming concerned about lost luster as a model for modernizing states. Commission on Central America, (the ‘‘Kis- the far-reaching effects of our present U.S.- The embargo has punished the Cuban econ- singer Commission’’), established by Presi- Cuba policy on United States interests and omy, though it is slowly recovering, and also dent Reagan in 1983, which made such a posi- the Cuban people. Your establishment of this the Cuban people. The embargo has embel- tive contribution to our foreign policy in National Bipartisan Commission would dem- lished the nationalist credentials of Com- that troubled region over 15 years ago. onstrate your leadership and responsiveness munist ruler Fidel Castro. It has puzzled We recommend this action because there to the American people. America’s best friends, who do not under- has not been a comprehensive review of U.S.- We have enclosed a letter from former Sec- stand why the United States treats Cuba as Cuba policy, or a measurement of its effec- retary of State Lawrence Eagleburger out- though the Cold War were still on. tiveness in achieving its stated goals, in over lining his and other former top officials sup- The official answer is that the embargo is 38 years since President Eisenhower first port for the creation of such a commission. a lever to force the democratization of Cuba

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12683 and, by American law, the termination of The agreement provides for the OSCE cuted between the United Nations, Fidel Castro’s rule. But the limited changes to come in. This is the first time in the NATO and the Yugoslav Government. in this regard are owed less to official Amer- history of that organization that they One of them, for example, is as fol- ican isolation than to such regulated open- have ever undertaken a challenge of lows: ings as the permissions for calls, emigration, Under the agreement, Milosevic has been humanitarian gifts and family trips and the this magnitude. They are not orga- required to accept a continuing presence of historic visit of Pope John Paul II. nized, really, to work to provide secu- NATO reconnaissance aircraft over his sov- The American debate on Cuba has come to rity which requires force of arms, but ereign airspace in order to monitor its com- be an intense unproductive contest between some attempt will be made along that pliance with the terms of the accord. the Miami exile right and its liberal critics. line. The bottom line, I think, is some- The Warner proposal promises to widen both one has to stand up—and I am prepared Under that, we have today—and this the terms of the debate and the constitu- to do it—and say that NATO is the is most important—six NATO military encies participating in it. A broad bipartisan only force constituted that can come officers in Belgrade inside the Serbian review of Cuba policy is an idea whose time in, in a short period of days, literally air defense headquarters to act as liai- has come. days, to give that degree of stability so son with NATO. We expect Yugoslav f these emergency supplies can come in. air defense personnel to report to the Combined Air Operation Center in KOSOVO It is my grave concern that unless that is done and done promptly, the world Italy today to perform the same func- Mr. WARNER. Mr. President, I have will witness human suffering of a mag- tion. That eliminates a lot of uncertainty repeatedly taken the floor to speak nitude we have not seen, certainly, in a that could spark a response by the about my great concern regarding the long time. I think only NATO can step people who are suffering today in Yugoslav air defense operations in to do this. against our monitoring aircraft, and Kosovo. As I stated in my remarks on I know the deep concern here in the that must be avoided. previous days, I visited Kosovo some Senate and elsewhere in the United weeks ago in the company of the We expect this military-to-military States about employing any U.S. coordination to eliminate any possi- KDOM—which is a most unusual orga- ground troops in the region of Kosovo. nization—but it has the permission by bility of miscommunication on the im- We went through those debates with plementation of the air verification re- which to take unarmed missions into regard to Bosnia. I personally was the countryside around Pristina and gime. never in favor of it. But once we make I wish to say I find that to be a very elsewhere, to see the ravages of that a decision, as we have now made, and positive part of this agreement. I just tragic conflict. we have the agreements in place, there hope we will come to the realization Regrettably, even though we have is absolutely no alternative but to that a second very positive step must now in place an agreement with faithfully try and execute our responsi- be taken immediately, and that is plac- Milosevic, the fighting and the strife bility, together with NATO and the ing security forces—and I think only continues. We have recently executed United Nations, to provide the environ- NATO is able to do this within the few an agreement. I say ‘‘we.’’ Primarily, ment in which, in the few weeks to days that is required for those forces— the United Nations and NATO have en- come, we can save the lives of tens of to enable the food and medicine to tered into an agreement with the thousands of innocent people. That can reach those in need. Yugoslav Government, and President only be done by putting in place uni- Unquestionably, Milosevic bears the Milosevic signed it. formed, organized, well-trained troops. primary responsibility for finding an There have been some changes in the Their presence could well be the deter- acceptable political solution that status of forces of the Yugoslav Army rent to stop the fighting. grants the people of Kosovo some de- and the like, but it is a very fluid situ- In my judgment, there are no clean gree of autonomy. We know not that ation. We hear one day units are mov- hands in this situation. The preponder- level at this time. A degree of self-gov- ing out and then today there are re- ance of the atrocities obviously have ernance has to come about and, most ports that other Yugoslav Army units been committed by the Serbian forces importantly, freedom from the oppres- are being redeployed. The suffering, under the direction, either indirectly sion we have witnessed in the past however, continues and the winter is or directly, of Slobodan Milosevic. months and, indeed, throughout the coming. The whole world is standing by There is no doubt about that. But there past decade when Milosevic removed to witness what is, I think, one of the also are some attacks being per- from Kosovo its degree of autonomy greatest recent tragedies. petrated by the KLA, which is that dis- and self-governance that it had some Weather is as cruel as weapons. I parate group, relatively undefined, years ago. saw, for my own eyes, these people whose leadership changes from time to Also, the ethnic Albanians bear re- huddled in the hills, helpless, homeless, time, whose organization has very lit- sponsibility for making this agreement without food, without medicine; tens of tle coordination between the various a success as well. That primarily falls thousands—we do not know with any bands of the KLA, but nevertheless on the KLA. The political leadership of specific accuracy how many there are, they have perpetrated atrocities and, Kosovo and the Kosovo Liberation but it certainly is in excess of 100,000 apparently, there are reports that some Army, or the UCK, as it is called, must human beings—innocent victims, by atrocities are continuing to be per- refrain from violence and set up some and large, of the conflicts, political and petrated by the KLA. establishment where they can have military, in this region of Kosovo. Only an absolutely neutral independ- representatives at the negotiating I have had the opportunity to get ence force, as constituted by the table and negotiate in good faith and briefed by the Central Intelligence United Nations, together with NATO, support the OSCE verification regime Agency, briefed by the Department of can provide the security necessary to on the ground. Defense; I try to remain as current as bring in the needed food and medicine. Mr. President, I will continue to I can on this issue. The bottom line of In looking over the agreement, and monitor this. Of course, I will not have what I am saying today is it is time in consultation with the Department of an opportunity to do so here on the that we look with great seriousness at Defense, I have learned of one very in- floor of the Senate, but I will by other the need to constitute a force which teresting development. I have not, as means, because I personally am gravely will have sufficient arms to go into yet, seen it in the open press, but I concerned about the plight of these that region and provide the stability have obtained the authority of the De- homeless, helpless people who only ask necessary—I repeat, the stability nec- partment of Defense to mention this, for the opportunity to live in peace and essary for the nongovernmental insti- because I think it is a positive goal. quiet in their countryside and in their tutions and others to bring in the food, There are certain positive goals that small homes, which I have seen in the medicine and the shelter that is re- have been achieved by this agreement. great numbers, but regrettably most quired to support these people. It is as This one will be severely criticized. I that I saw had been blown up and dev- simple as that. They will simply perish certainly have some criticism of it. But astated. by the tens of thousands without this there are some positive results of the My prayers, and I think the prayers sort of help. agreement that have recently been exe- of the people of this country, are with

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12684 CONGRESSIONAL RECORD — SENATE October 20, 1998 those helpless people. I hope we come thank Senators MCCAIN, LOTT, WYDEN, that regulations promulgated by the to the quick realization of the steps and HOLLINGS for taking the time and Office of Management and Budget and that must be taken to resolve this effort to work with me in advancing the National Telecommunications and tragic conflict. this legislation. Without their active Information Administration be com- I yield the floor. support and participation, this bill patible with standards and tech- f would not have progressed as far as it nologies used commercially in order to has. ensure that no one industry or tech- TRIBUTE TO WORKING WOMEN Senators WYDEN, MCCAIN and REED nology receives favorable consider- Mr. LOTT. Mr. President, I would joined me in introducing the Govern- ation. It also requires Federal agencies like to take this opportunity to recog- ment Paperwork Elimination Act in to accept multiple methods of elec- nize the Greenwood Business and Pro- May of this year. On July 15, 1998, I tronic submission if the agency expects fessional Club of Greenwood, Mis- chaired a hearing on this legislation to receive 50,000 or more electronic sub- sissippi, and the working women who before the full Commerce Committee. mittals of a particular form. This re- comprise its membership. The club was Two weeks later, S. 2107 was marked up quirement will ensure that no single established on November 20, 1931, and in the Committee with several modi- electronic signature technology is per- will be holding its annual Women of fications. On a voice vote, the bill as mitted to unfairly dominate the mar- Achievement Banquet on Thursday, amended was ordered to be reported. ket. October 22, 1998. It is my privilege to When the Senate returned to session This legislation also takes several note that my daughter, Tyler Lott, a after the August recess, a unanimous steps to help the public feel more se- working woman in her own right, will consent agreement was propounded on cure in the use of electronic signatures. provide the banquet’s keynote address. S. 2107. This unanimous consent re- If the public is going to send money or For nearly 67 years, the Greenwood quest brought the bill to the attention share private information with the Business and Professional Club has of Senator THOMPSON, the Chairman of government, people must be secure in been a shining example of women help- the Government Affairs Committee. the knowledge that their information ing women through countless programs Senator THOMPSON had concerns with and finances are adequately protected. and projects. More importantly, the the bill because of the extent to which For this reason, my bill requires that members of this club are representa- it dealt with Federal agencies. electronic signatures be as reliable as tive of working women across America Despite the time constraints—the necessary for the transaction. If a per- who make invaluable sacrifices every session was expected to end in two son is requesting information of a pub- day to strengthen the economy and weeks—Senator THOMPSON generously lic nature, a secure electronic signa- fiber of our families, communities, offered to work with me to address ture will not be necessary. If, however, states and nation. some of his committee’s concerns and an individual is submitting forms Working women are found in vir- ensure that the bill as offered did not which contain personal, medical or fi- tually every profession, trade and voca- conflict with current mandates on the nancial information, adequate security tion, and constitute well over 62 mil- Executive. Over the course of the last is imperative and will be available. lion members of the United States week in September, Senator THOMPSON This is not the only provision pro- workforce. In fact, women-owned busi- and I modified S. 2107 to address the viding for personal security, however. nesses account for approximately one- concerns raised in his committee. On Senator LEAHY joined me to help estab- third of domestic firms and employ Tuesday, October 7, S. 2107 as amended lish a threshold for privacy protection over 13 million people. Moreover, we was added as an amendment to S. 442 in this bill. The language developed by should always remember that, in addi- by unanimous consent. Senator LEAHY and I will ensure that tion to women working in traditional The Internet Tax Freedom Bill information submitted by an individual businesses, women may be found work- passed the Senate on October 8 and was can only be used to facilitate the elec- ing in homes throughout America mak- sent to the House for consideration. tronic transfer of information or with ing significant contributions each day However, because the House did not the prior consent of the individual. through their occupation as home- agree with some of the language con- Also included is legislation which es- makers. tained in the bill, House Members pro- tablishes legal standing for electroni- As working women continue their posed adding the text of the House cally submitted documents. Such legal service to America through profes- passed Internet Tax Freedom Bill to authority is necessary to attach the sional, civic and cultural endeavors, it the omnibus rather than passing S. 442 same importance to electronically is fitting that we recognize their grow- as amended. signed documents as is attached to ing numbers, and congratulate these On October 15th, the Senate passed S. physically signed documents. Without women who labor so tirelessly and ef- 2107 independent of other vehicles. On it, electronic submission of sensitive fectively both inside and outside the the same day, the text of S. 2107 was in- documents would be impossible. Fi- home. Whether in business, industry, a cluded in the omnibus appropriations nally, the Government Paperwork profession, or as a homemaker, today’s bill. The next day, October 16th, the Elimination Act requires that Federal working women are vital role models Omnibus Appropriations bill was agencies to send an individual an elec- for young women coast-to-coast who passed by Congress with the text of the tronic acknowledgement of their sub- will help mold the future of this coun- Government Paperwork Elimination mission when it is received. Such ac- try. Act included therein. knowledgements are standard when I am honored to have this oppor- This legislation amends the Paper- conducting commerce online. A similar tunity to commend our nation’s work- work Reduction Act of 1980 to allow for acknowledgement by Federal agencies ing women, and to extend my most sin- the use of electronic submission of will provide piece-of-mind for individ- cere thanks to the members of the Federal forms to the Federal govern- uals who conduct business with the Greenwood Business and Professional ment with the use of an electronic sig- government electronically. Club for its 67 years of achievement nature within five years from the date As much as individuals will benefit and service. of enactment. It is intended to bring from this bill, so too will American f the federal government into the elec- businesses. By providing companies tronic age, in the process saving Amer- with the option of electronic filing and PASSAGE OF THE GOVERNMENT ican individuals and companies mil- storage, this bill will reduce the paper- PAPERWORK ELIMINATION ACT lions of dollars and hundreds of hours work burden imposed by government Mr. ABRAHAM. Mr. President, the currently wasted on government paper- on commerce and the American econ- Omnibus Appropriations bill that the work. omy. It will allow businesses to move Senate is about to consider contains In order to protect the private sector from printed forms they must fill out the full text of S. 2107, the Government and ensure a level playing field for using typewriters or handwriting to Paperwork Elimination Act, a bill I in- companies competing in the develop- digitally-based forms that can be filled troduced in April along with Senators ment of electronic signature tech- out using a word processor. The sav- WYDEN, MCCAIN and REED. I want to nologies, this legislation mandates ings in time, storage and postage will

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12685 be enormous. One company, computer and substantial paperwork reduction. State tronic commerce and individual privacy, maker Hewlett-Packard, estimates governments, industry, and private citizens agencies will make electronic forms avail- that the section of this bill permitting have already embraced the electronic me- able for downloading and printing, agencies companies to download copies of regu- dium to conduct public and private business. will permit employers to store Federal forms Allowing businesses and individuals to con- electronically, and agencies will establish latory forms to be filed and stored duct their affairs with the Federal govern- policies and procedures for implementation digitally rather than physically will, ment within a stable legal framework would of this Act. by itself, save that company $1–2 bil- save financial resources by eliminating bur- (2) At 60 months, final implementation lion per year. densome paperwork and bureaucracy. deadline. Efficiency in the federal government The widespread use of electronic forms can 3. The bill provides definitions of key itself will also be enhanced by this leg- greatly improve the efficiency and speed of terms, and specifies under what cir- government services. Such efforts as people islation. By forcing government bu- cumstances, and in what special cases, an traveling to government offices for forms agency is not required to provide for the reaucracies to enter the digital infor- would no longer be required. If implemented, electronic submission of forms. mation age we will force them to the bill would save the government million IV. LEGISLATIVE HISTORY streamline their procedures and en- of dollars in cost associated with such things The Government Paperwork Elimination hance their ability to maintain accu- as copying, mailing, filing and storing forms. Electronic signatures can offer greater as- Act, S. 2107, was introduced by Senator rate, accessible records. This should re- ABRAHAM on May 21, 1998. The bill was co- sult in significant cost savings for the surances that documents are authentic and unaltered. They minimize the chances of for- sponsored by Senator WYDEN, Senator federal government as well as in- geries or people claiming to have had their MCCAIN, and Senator REED. In June 1998, creased efficiency and enhanced cus- signatures forged. Senator LOTT, Senator COCHRAN, and Sen- tomer service. An electronic signature is a method of in- ator BURNS were added as co-sponsors to the Each and every year, Mr. President, dicating that a particular person has origi- bill. On July 15, 1998 the Commerce Com- Americans spend in excess of $6 billion nated and approved the contents of an elec- mittee held a hearing on digital signatures tronic document. There are a wide array of at which time testimony was heard from Mr. hours simply filling out, documenting Andrew Pincus, General Counsel, Depart- and handling government paperwork. electronic signature technologies currently available, which range from simply typing ment of Commerce; Mr. Scott Cooper, Man- This huge loss of time and money con- one’s name on an electronic document or e- ager, Technology Policy, Hewlett Packard; stitutes a significant drain on our mail, to scanning a handwritten signature as Mr. Kirk LeCompte, Vice President, Product economy and we must bring it under a bitmap and copying it onto an electronic Marketing, PenOp Inc.; and Mr. Dan Green- control. The easier and more conven- document. More technologically complex wood, Deputy General Counsel, Information ient we make it for American busi- versions of electronic signatures involve the Technology Division, The Commonwealth of nesses to comply with paperwork and analysis of physical characteristics (bio- Massachusetts. metrics) such as fingerprints, retina scans, On July 29, 1998 the Committee met in ex- reporting requirements, the better job ecutive session and, by a voice vote, ordered they will do of meeting these require- and the biometrics of an actual signature to digitally verify the signer’s identity. The the bill, as amended, to be reported. ments, and the better job they will do widely referred-to ‘‘digital signature’’ is On September 17, 1998 the bill was reported of creating jobs and wealth for our slightly different, and is merely one type of to the Senate with an amendment in the na- country. That is why we need this leg- electronic signature which often, although ture of a substitute by the Senate Com- islation. not always, involves the use of trusted third mittee on Commerce, Science and Transpor- The information age is no longer parties. tation and placed on the Senate Legislative. On October 7, 1998, the bill was added as new, Mr. President. We are in the Security levels for all electronic signa- tures vary according to the technology used. amendment # 3678 to S. 442, the Internet Tax midst of a revolution in the way people Freedom Act by unanimous consent. do business and maintain records. This Simply typing a name on a document offers no security protection, and cannot be On October 8, 1998, the Internet Tax Free- legislation will force Washington to verified as unique to the originator. dom Act was passed by the Senate and sent catch up with these developments, and Bitmaps, which are digital versions of hand- to the House of Representatives. release our businesses from the drag of written signatures, require large amounts of On October 15, 1998, S. 2107 was passed in an obsolete bureaucracy as they pursue memory, are vulnerable to copying or past- the Senate by unanimous consent. On October 21, the bill passed the Senate as ing, and cannot be used to accurately tie the further innovations. The result will be part of the Omnibus Appropriations Act. a nation and a people that is more document to the signature. Electronic signa- V. PRIVACY prosperous, more free and more able to ture technologies which use biometric anal- This legislation will not have an adverse spend time on more rewarding pur- ysis offer a higher level of security. Digital signatures and the use of licensed third par- impact on the privacy of individuals. The Di- suits. ties also yield a higher degree of security. rector of the Office of Management and I want to thank my colleagues in the Several states have enacted electronic sig- Budget, in cooperation with the Adminis- Senate for their support and urge the nature legislation with varying scopes and trator of the National Telecommunications House to support this important legis- legal requirements. Some states have chosen Information Administration will conduct an lation. I ask unanimous consent that a to limit the scope of the law to transactions ongoing study of the Act’s impact on indi- statement of intent for the Govern- with state or public entities, or even to more vidual privacy. ment Paperwork Elimination Act be specific purposes such as court documents, VI. PAPERWORK medical records, and state treasurer checks This legislation will not increase the pa- printed in the RECORD. and drafts. Other states have applied their perwork requirement for private individuals There being no objection, the mate- statutes to private as well as public trans- or businesses. The legislation would require rial was ordered to be printed in the actions. State statues also have varying two reports: (1) the Secretary of Commerce RECORD, AS FOLLOWS: technology requirements which highlight the would be required to submit to Congress a potential for future compatibility and inter- STATEMENT OF INTENT ON THE GOVERNMENT report on the Act’s effect on electronic com- operability problems. PAPERWORK ELIMINATION ACT—SENATOR merce and individual privacy; and (2) the ABRAHAM, Senator WYDEN, Senator MCCAIN III. SUMMARY OF MAJOR PROVISIONS General Accounting Office would be required I. PURPOSE OF THE GOVERNMENT PAPERWORK As reported, the Government Paperwork to submit to Congress a report on agencies’ ELIMINATION ACT Elimination Act would provide a legal policies, procedures, and timeliness for the The Act, as reported, would require Fed- framework and time line for electronic implementation of this Act. eral agencies to make electronic versions of transactions between individuals and busi- VII. SECTION-BY-SECTION ANALYSIS OF THE their forms available online and would allow nesses and the Federal government. Major GOVERNMENT PAPERWORK ELIMINATION ACT individuals and businesses to use electronic provisions of the Act, as reported, include: 1. Each Federal agency would be required TITLE XVII GOVERNMENT PAPERWORK signatures to file these forms electronically. ELIMINATION ACT The intent of the bill is to provide a frame- to make electronic versions of their forms Section 1. This section would permit the work for reliable and secure electronic trans- available for electronic submission. Such bill to be cited as the ‘‘Government Paper- actions with the Federal government, while electronic submission would be supported by work Elimination Act.’’ remaining ‘‘technology neutral’’ and not in- guidelines issued by the Director of Office of Management and Budget (OMB) and the Na- Section 2. Authority of OMB to Provide appropriately favoring one industry over an- For Acquisition And Use Of Alternative In- other. tional Telecommunications Information Ad- ministration. formation Technologies By Executive Agen- II. BACKGROUND AND NEEDS 2. The bill establishes the following time cies. Amends current law to provide for the The widespread use and world-wide accessi- lines: availability of electronic submission as a bility of the Internet provides the oppor- (1) At 18 months, the Secretary of Com- substitute for paper and for the use and ac- tunity for enhanced electronic commerce merce will report on the bill’s effect on elec- ceptance of electronic signatures.

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12686 CONGRESSIONAL RECORD — SENATE October 20, 1998 Section 3. Procedures For Use And Accept- submitted by individuals may only be used The charitable choice provision in ance Of Electronic Signatures By Executive to facilitate electronic communications be- the 1996 welfare reform law and the Agencies. Subsection (1) would require the tween that individual and the agency and Child Care Development Block Grant Office of Management and Budget, in con- may not be disclosed by agency employees Program of 1990 conform to the prin- sultation with the National Telecommuni- without the affirmative consent of that indi- cations Information Administration to de- vidual. This section is not intended to super- ciple of religious neutrality. Under the velop procedures for the use and acceptance sede current law in this area. first legislation, charitable and faith- of electronic signatures by Executive agen- Section 9. Application With Other Laws. based organizations are eligible, on the cies. This section would exempt the Internal Rev- same basis as all other non-govern- Subsection (2) establishes the require- enue Service (IRS) and the Department of mental organizations, to receive fed- ments for these procedures. Paragraph (i) the Treasury from the provisions in this Act, eral funds to provide services to wel- would ensure that these procedures would be when in conflict with the administration of fare recipients. Similarly, the child compatible with those used in the commer- internal revenue laws or conflicts the Inter- care law allows low-income parents to cial and State government sectors. Para- nal Revenue Service Restructuring and Re- graph (ii) would require that these proce- form Act of 1998 or the Internal Revenue choose among an array of private pro- dures would not inappropriately favor one Code of 1986. The IRS collection process viders—including religious ones—in ob- industry or technology. The intent of the bill should also be exempted from this Act. taining federally funded day care serv- is for the government to remain ‘‘technology Section 10. Definitions. This section would ices. neutral.’’ And, so as not to prescribe one provide the definitions of several key terms The test the Supreme Court has used electronic signature security level for all used throughout this bill. over the years to analyze Establish- documents, paragraph (iii) would allow the f ment Clause cases has been the security level to be commensurate with the ‘‘Lemon test,’’ which has the two-fold CHARITABLE CHOICE document’s sensitivity. Paragraph (iv) would requirement that the government ac- require agencies to electronically acknowl- Mr. ASHCROFT. Mr. President, re- tion in question must have a valid sec- edge the submission of electronic forms. cently, both the House and Senate Paragraph (v) would require agencies to en- ular legislative purpose, and a primary sure multiple methods of electronic submis- voted unanimously to pass the con- effect that neither enhances nor inhib- sion when it expects to receive 50,000 elec- ference report on S. 2206, the ‘‘Coats its religion. (In the recent case of tronic submittal of a particular form, para- Human Services Reauthorization Act Agostini v. Felton, the Court took the graph E would require the agency to make of 1998.’’ During House debate on the third prong, the ‘‘entanglement’’ anal- multiple electronic signature formats avail- conference report, some members ex- ysis, and folded it into the second able for submitting the forms. To further en- pressed concerns regarding bill lan- prong of the test). The first prong, re- sure technology neutrality, ‘‘multiple meth- guage described as the ‘‘charitable quiring a valid secular purpose, is usu- ods’’ are required when a form is submitted choice’’ provision, which is similar to in substantial enough volume so that the ally not subject to much controversy, government does not favor a particular tech- language I drafted for the welfare re- as the Court has been highly deferen- nology provider by accepting only one elec- form law passed in the 104th Congress tial to the legislature’s action. In its tronic signature technology. and signed by the President in August review of the Adolescent Family Life The intent of the bill is not to mandate the of 1996. Act (AFLA), for example, the Court use of a particular technology. Rather, the As I have said in a previous floor noted that the ‘‘provisions of the stat- bill is intended to be technology neutral statement, the charitable choice provi- ute reflect at most Congress’ consid- leaving open the possibility that a wide vari- sion will expand the opportunities for ety of existing technologies or technologies ered judgment that religious organiza- that will be developed in the future may be private, charitable, and religious orga- tions can help solve the problems to used by the Federal government in satisfying nizations to serve their communities which the AFLA is addressed. Nothing the requirements of this bill. with Community Services Block Grant in our previous cases prevents Congress Section 4. Deadline For Implementation (CSBG) funds. This provision expresses from making such a judgment or from By Executive Agencies Of Procedures For the judgment of Congress that these recognizing the important part that re- Use And Acceptance Of Electronic Signa- organizations can play a crucial role in ligion or religious organizations may tures. Requires that, when practicable, Fed- helping people out of poverty through eral forms must be available for electronic play in resolving certain secular prob- submission, with electronic signatures with- the CSBG program. lems.’’ in 60 months after enactment. I am confident that the charitable The serious debate generally con- Section 5. Electronic Storage And Filing choice language in the Community cerns the second prong of the Lemon Of Employment Forms. After 18 months from Services Block Grant reauthorization test, namely, whether the ‘‘primary ef- enactment, the Office of Management and is constitutional and represents sound fect’’ of these social welfare initiatives Budget shall develop procedures to permit public policy. However, I want to re- is to advance religion. In neutrality employers that are required by law to col- spond to the comments made regarding theory, Lemon’s primary-effect inquiry lect, file and store Federal forms concerning this provision, as critics of the provi- their employees, to collect, file and store the is accomplished by examining how a same forms electronically. sion seem to overlook recent case law service provider actually spends the Section 6. Study On Use Of Electronic Sig- of the Supreme Court regarding this program monies. Obviously, the test is natures. This section would require the Di- issue, and even mischaracterize certain whether funds are being spent in ac- rector of the Office of Management and sections of the charitable choice provi- cordance with the valid secular pur- Budget, in cooperation with the National sion. poses set out in the governing statute, Telecommunications Information Adminis- First, most of the concerns expressed and as expressed in the service con- tration to conduct an ongoing study on how by certain House members are based this bill affects electronic commerce and in- tract or grant at issue. These purposes dividual privacy. A periodic report describ- upon case law that does not represent necessarily exclude use of the monies ing the results shall be submitted to the the current jurisprudence of the Su- for inherently religious programming. Congress. preme Court. In recent years, the gen- On the other hand, critics of chari- Section 7. Enforceability and Legal Effect eral trajectory of the Supreme Court’s table choice would argue that the pri- of Electronic Records. Establishment Clause cases has been in mary-effect inquiry should focus on This section stipulates that electronic the direction of what constitutional whether a service provider is religious records, or electronic signatures or other scholars describe as ‘‘neutrality the- forms of electronic authentication, sub- in character, and if so, how religious. mitted in accordance with agency proce- ory.’’ Under this theory, private orga- An organization found ‘‘too religious’’ dures, will not be denied legal effect, validity nizations are eligible to provide gov- is dubbed ‘‘pervasively sectarian,’’ or enforceability because they are in elec- ernment-funded services to bene- thereby disqualifying the organization tronic form. This provision is intended to ficiaries through contracts, grants, or as a provider of government-funded preclude agencies or courts from systemati- vouchers without regard to religious services. cally treating electronic documents and sig- character. Moreover, there are serious In recent years, the Supreme Court natures less favorably than their paper coun- constitutional problems when the gov- has been moving away from this ‘‘too terparts. Section 8. Disclosure Of Information. This ernment screens potential service pro- religious’’ versus ‘‘secular enough’’ in- section is intended to protect the privacy of viders based upon religious beliefs and quiry, and toward the neutrality ap- individuals who submit information elec- practices—which is what the critics of proach. Two of the Court’s most recent tronically to Federal agencies. Information charitable choice want to do. pronouncements on this issue are

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12687 Agostini v. Felton and Rosenberger v. gious’’ distinction perpetuated by the in the 1960s to provide flexible federal Rector and Visitors of the University critics could actually eliminate cur- funding to communities to identify of Virginia. Although the Court did not rent successful providers from eligi- problems and needs in the community, embrace the neutrality principle in bility to receive government funds. and to then fashion and design a local these cases without certain qualifica- Congress should continue to find solution. This is not a federally-di- tions, the law today is far closer to ways to encourage successful chari- rected solution. Rather, the CSBG pro- neutrality than to the ‘‘no-aid table and faith-based organizations to gram allows the community to find the separationism’’ of the 1970s and mid- unleash their effective good works most appropriate organizations in the 1980s espoused by critics of charitable upon society. The charitable choice community to offer different types of choice. provision is one such way to accom- services to individuals. In Agostini, decided in 1997, the plish this goal. In their discussion of the charitable Community Services Block Grant Court held that remedial education for services are offered voluntarily to indi- disadvantaged students could be pro- choice provisions in the CSBG reau- thorization bill, critics fail to acknowl- viduals in the community. People are vided on the premises of K through 12 not directed into these programs by religious schools—the only entities the edge a valid distinction made by the Supreme Court: the difference between the government. In fact, there are most Court has declared in the past to be likely existing government programs ‘‘pervasively sectarian.’’ The Court was direct and indirect funding of govern- ment programs. When a program is ad- in the community, offering similar no longer willing to assume that direct types of services, such as job training, assistance would be diverted to the in- ministered through the use of certifi- cates or vouchers given to bene- basic education courses, and housing culcation of religion by authorities at services. The Community Services Roman Catholic elementary and sec- ficiaries, the religious nature of the or- ganization at which the beneficiary re- Block Grant program maximizes indi- ondary schools. vidual choice at the local level by pro- In the 1995 Rosenberger case, the deems the voucher is irrelevant. viding services to those who are fight- Court held that a state university The Supreme Court has consistently ing their way out of poverty. could not deny student activity fund held that government may confer a money, which was generally available benefit on individuals, who exercise Therefore, those who say that the to all students groups for student pub- personal choice in the use of their ben- charitable choice provision in the lications, to a certain student group efit at similarly situated institutions, CSBG program is going to force indi- based upon the religious content of its whether public, private nonsectarian, viduals into religious programs and publication. The Court warned that the or religious, even if the benefit indi- provide no alternatives misunderstand government’s attempt to draw distinc- rectly advances religion. The Court has how the CSBG program operates. tions regarding religious content would made these rulings in Zobrest v. Cat- The critics are also wrong when they alina Foothills School District (1993), a require the government—and ulti- say that a faith-based provider can case holding that the provision of spe- mately the courts—‘‘to inquire into the compel a beneficiary to go to worship cial education services to a Catholic significance of words and practices to services or to submit to an attempt of high student was not prohibited by Es- different religious faiths, and in vary- proselytization. The argument fails to tablishment Clause; in Mueller v. Allen ing circumstances by the same faith. acknowledge that the charitable choice (1983), where it upheld a state income Such inquiries would tend inevitably to provision contains language stating tax deduction for parents paying reli- entangle the State with religion in a that ‘‘[n]o funds provided directly to gious school tuition; and in Witters v. manner forbidden by our cases.’’ The organizations shall be expended for sec- Washington Department of Services for critics would ignore this warning in tarian worship, instruction, or pros- the Blind (1986), where the Court elytization.’’ Thus, CSBG funds must order to apply their ‘‘too religious’’ upheld a state vocational rehabilita- not be used to carry out inherently re- test. tion grant to disabled student choosing Several prominent constitutional law ligious purposes. Rather, the funds are to use his grant for training as a cleric. scholars have recognized the Court’s Moreover, the Child Care and Devel- for the secular public purposes of the movement toward neutrality, including opment Block Grant program, which legislation, which include reducing Professor Douglas Laycock of the Uni- has been in existence since 1990, allows poverty, revitalizing low-income com- versity of Texas, Professor John Gar- parents to send their children to day munities, and empowering low-income vey of Notre Dame, Professor Michael care centers that are unquestionably families and individuals in rural and McConnell of the University of Utah, ‘‘pervasively sectarian’’ in nature. This urban areas to become fully self-suffi- Professor Michael Paulsen of the Uni- program has never been challenged as cient, especially those families who are versity of Minnesota, and finally, Pro- being violative of the Establishment attempting to transition off of welfare. fessor Carl H. Esbeck of the University Clause. Therefore, the structure of the Com- of Missouri. Professor Esbeck worked Should a community wish to set up a munity Services Block Grant program, closely with my staff to draft the char- Community Services Block Grant pro- along with the clearly spelled-out uses itable choice provision of the welfare gram that gives individual bene- of and prohibitions on CSBG funding, law, as well as my Charitable Choice ficiaries vouchers or certificates to re- ensure that beneficiaries will have Expansion Act, which I introduced ear- deem at the location of their choice, maximized choices of where to receive lier this year. there is no constitutional concern as to services to help them escape poverty The consequences of relying upon the the religious nature of the organization and reach self-sufficiency. view propounded by critics of the char- providing services to that beneficiary. One argument was made that the itable choice concept go beyond ignor- There were also concerns expressed charitable choice provision could re- ing recent constitutional jurispru- on the House floor that individuals sult in the government having to pro- dence. They also result in bad public would be directed by the government vide financial audits of churches and policy. Demanding that religious min- to religious organizations to receive other religious organizations who istries ‘‘secularize’’ in order to qualify Community Services Block Grant might be eligible for funds under a to be a government-funded provider of Services and forced to participate in services hurts intended beneficiaries of religious activities. These concerns in- charitable choice program. social services, as it eliminates a fuller dicate that some members may not This statement appears to express a range of provider choices for the poor fully understand how the Community concern that a religious organization and needy, frustrating those bene- Services Block Grant program oper- would subject itself to government in- ficiaries with spiritual interests. ates. Under this program, beneficiaries trusion by its receipt of CSBG funds. I In examining a neutral program that choose where they want to receive share this concern, and for that reason, includes both religious and secular pro- CSBG services—the government does I included in the charitable choice pro- viders, what matters is how the gov- not force certain individuals into cer- vision language protecting a religious ernment money is actually spent, not tain programs. organization from such intrusion. This the ideological character of the pro- CSBG services are not federal enti- language requires a religious organiza- vider. Strict adherence to the ‘‘too reli- tlements. This program was designed tion to segregate government funds

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12688 CONGRESSIONAL RECORD — SENATE October 20, 1998 from funds received from non-govern- would simply respond that the chari- this opportunity to express my appre- ment sources. Additionally, the provi- table choice provisions are in federal ciation, and I think the appreciation of sion states explicitly that only govern- law dealing with federal dollars. We do all Members on our side of the aisle, ment funds are subject to government not tell the states how to spend their and particularly the staff of the Demo- audit. own state tax funds. cratic Policy Committee, to an indi- Therefore, the charitable choice pro- In conclusion, the opponents of the vidual who has dedicated 27 years to vision protects participating religious charitable choice concept have not public service and the United States organizations from unwarranted gov- taken into account the latest Estab- Senate. Marian Bertram, the person- ernmental oversight, while also hold- lishment Clause jurisprudence. If there able and talented Chief Clerk of the ing such organizations financially ac- is a comprehensive, religiously neutral Democratic Policy Committee, is leav- countable in the same way as all other program, the question is not whether ing the Senate at the end of this year. non-governmental providers receiving an organization is of a religious char- Marian, who began her work at the government funding. acter, but how it spends the govern- Democratic Policy Committee in 1971, There was also a statement made on ment funds. has served four Democratic Leaders— the House floor that the charitable To reject charitable choice is to jeop- Mike Mansfield, ROBERT BYRD, George choice provision ‘‘would seek to enact ardize Congress’ ability to encourage Mitchell and myself. She has an unpar- exemptions from the religious dis- proven, effective religious organiza- alleled knowledge of the legislative crimination clauses of the Civil Rights tions to provide social services to our process. Since its inception and for Act of 1964.’’ This is a misstatement of nation’s needy with government funds. many years thereafter, she had the what the provision says. Charitable For years, these organizations have major responsibility of reaching and choice does not create an exemption been transforming broken lives by ad- writing one of the Committee’s most from the Civil Rights Act of 1964. Rath- dressing the deeper needs of individ- popular publications, the Legislative er, it states that it preserves the ex- uals—by instilling hope and values Bulletin. Equally important, she has emption in the law allowing religious that help change behavior and atti- the vital and demanding responsibility organizations to make employment de- tudes. By contrast, government-run for the production of Voting Records cisions based on religion. The Supreme programs have often failed in moving and vote analyses provided to all Court affirmed the constitutionality of people from dependency and despair to Democratic members. this provision in Corporation of the independence. We must continue to In addition to her legislative work, Presiding Bishop v. Amos (1987). Re- find ways to allow private, charitable, Marian assumed the job of Chief Clerk ceiving government funds for a secular and religious organizations to help ad- of the Policy Committee in 1989. purpose does not, of course, result in a minister the cultural remedy that our Through her competence and dedica- waiver of this exemption. See, e.g., society so desperately needs. The char- tion and command of every detail of Siegel v. Truett-McConnell College, itable choice provision in the ‘‘Coats the Committee’s operation and budget, 1994 WL 932771 (N.D. Ga. 1994). Human Services Reauthorization Act she makes a major contribution to the of 1998’’ is one way of accomplishing If a religious nonprofit organization smooth running of the Policy Com- this goal. must hire persons in open disagree- mittee. ment with the religious background f Marian handles this broad range of and mission of the organization, its re- THE LEGENDARY FRANK responsibilities with professional skill, ligious autonomy would be severely in- YANKOVIC equanimity, and unfailing good humor. fringed. In fact, many successful faith- Mr. DEWINE. Mr. President, I rise She will be dearly missed by her based organizations have stated that today to pay tribute to one of the friends and colleagues in the Senate. they would not take government fund- greatest musicmakers in the history of All of us offer Marian our sincere ing if it would require them to hire em- the Buckeye State, the legenday thanks and every good wish for her ployees who did not hold the same reli- ‘‘Polka King,’’ Frank Yankovic, who continued success. Thank you, Marian gious beliefs of the organization. For died yesterday at age 83. Bertram. example, the International Union of Frank Yankovic was from Cleveland, f Gospel Missions conducted a survey of OH, but he had fans not just in Ohio their missions and found that some of NOMINATION OF DR. JANE but all over America. He brought joy to HENNEY TO THE FDA these missions refused government millions with his lighthearted polka Mr. NICKLES. Mr. President, I wish funding if it required them to hire non- hits—songs whose very titles can occa- to speak on the nomination of Dr. Jane Christians. sion a smile—songs like and ‘‘Cham- Henney to be Commissioner of FDA. The Charitable Choice makes clear pagne Taste and a Beer Bankroll’’ and Mr. President, the nomination of the that a religious organization maintains ‘‘In Heaven There Is No Beer.’’ its Title VII exemption when it re- Frank Yankovic won a Grammy FDA commissioner is one of the most ceives government funds to provide so- Award, and was nominated for three important nominations the Senate has cial services. more. With his passing, the world of considered this year. The FDA regu- There was also an argument made music, and indeed all Americans who lates products comprising twenty-five that the charitable choice provision believe that music is supposed to be cents of every dollar spent by con- would require the government to con- fun, have lost a true friend. sumers in this country. It deals with sider using fringe religious groups to The voice of Frank Yankovic re- literally life and death issues on a provide CSBG services. Although I find sounds through the decades, asking the daily basis. Given the significant im- this to be more of a scare tactic than a question that most everyone in north- pact the FDA has on the life of every legitimate argument, I think it is obvi- east Ohio grew up with: ‘‘Who stole the American, it is important that the ous that the charitable choice provi- kishkes?’’ Senate exercise caution to ensure the sion will not require the government to Mr. President, it is my hope and next Commissioner is qualified and ca- blindly select any non-governmental strong belief that St. Peter is even now pable of leading the Agency. organization that applies for CSBG answering this question for Frank I have let Dr. Henney know, and I let funds. The government may require le- Yankovic—as he welcomes him to the Secretary Shalala know, that I had gitimate, neutral criteria to all who polka band that used to be known as some concern with FDA as it has been apply. No organization, religious or the heavenly choir. administered for the last few years. otherwise, can become a provider un- On behalf of the people of Ohio, let The FDA should be a non-partisan less it can deliver on its grant or con- me say thank you to this great Ohi- science based Agency which focuses tract. oan—for a lifetime of entertainment. solely on its mission to ensure the safe- Finally, there was an argument that f ty of food and to expeditiously review the charitable choice provision could drugs and medical devices which are override the constitutional language of TRIBUTE TO MARIAN BERTRAM intended to save and extend lives. And states prohibiting public funds from Mr. DASCHLE. Mr. President, as the for this reason I felt I needed personal going to religious organizations. I 105th Congress comes to a close, I take assurance from Dr. Henney that under

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12689 her leadership the FDA would focus on regulate tobacco. In a 2–1 decision the In January 1993, President Clinton its Congressionally mandated mission. Appeals Court tossed out a 1997 federal issued a memo to Sec. Shalala direct- FDA is supposed to be an agency that district court ruling that gave FDA ing her to promptly ‘‘assess initiatives works to improve our health, that only limited power to regulate tobacco. by which HHS can promote the testing works to make sure that drugs and ‘‘The FDA has exceeded the authority and manufacturing of RU–486 in the other medical devices are safe and ef- granted to it by Congress.’’ So said Cir- US.’’ fective. What we have found, under Dr. cuit Judge H. Emory Widener Jr., on Thereafter, the FDA engaged in nego- Kessler’s regime, particularly during behalf of the three-member panel. tiations with Roussel Uclaf, French the Clinton administration, was that I happen to favor regulation on to- manufacturer and holder of US Patent the FDA was involved in a lot of polit- bacco, but I think Congress needs to rights, regarding the testing and mar- ical activity. Under the leadership of act on it. The FDA does not have the keting of RU–486 in the US. David Kessler, the Agency too often be- authority to create it out of whole In May 1994, Shalala issued this press re- came a tool of the Administration to cloth, which is certainly what they did. lease, I mentioned, announcing the deal and push its liberal political agenda. One I favor some decent regulations. I don’t promising FDA would do everything it could area where this was particularly offen- favor the idea of having a team of peo- to ‘‘quickly evaluate the drug.’’ FDA pushed ple making 4,500 unannounced retail the drug through the review process in a sive was the FDA’s attempt to regulate fraction of time required for most drugs. tobacco. compliance checks all over my State FDA’s Center for Drug Evaluation Let me give an example of where I and the Federal Government spending and Research reported that the median believe they exceeded their authority. over $300,000 implementing this type of total review time for new drug applica- In my State, just recently—I tell my plan, or having the regs be so ridicu- tions in 1996 was 14.8 months. FDA re- colleagues, this is going to happen in lous we are going to be checking IDs up view time for RU–486 was only 6 every State—an FDA talking paper an- to age 27. I don t support regulations months. nounced that ‘‘FDA Partners With that allow the FDA to fine people and At a time when the agency was strug- Oklahoma To Protect Children From businesses who don’t comply, up to gling to approve drugs which cure dis- Tobacco.’’ $10,000 per violation, basically, fining eases and save lives, the Agency was them out of existence. That doesn’t The Food and Drug Administration has focusing a great deal of time and effort contracted with the Oklahoma State Dept. of make sense. on a political agenda which would end Health to enforce the FDA’s new regulation Mr. President, I ask unanimous con- that prohibits retailers from selling ciga- sent that at the conclusion of my the life of an unborn child. I am offended by that, and I asked rettes and smokeless tobacco to children statement, an FDA talking paper, under 18. Dr. Henney: which announces this implementing Are you going to be promoting an I will go on: regulation which has the force and ef- abortion drug? Is that what an FDA Under the contract, the State of Oklahoma fect of fines up to $10,000, be printed in Commissioner is supposed to do? Is will receive [$312,000] to conduct approxi- the RECORD. that their purpose? mately 4,500 unannounced retail compliance The PRESIDING OFFICER. Without checks over the next 12 months. I thought the purpose of FDA was to objection, it is so ordered. make sure drugs were safe and effective It goes on: (See Exhibit 1.) Mr. NICKLES. Mr. President, an- and that medical devices are safe and The FDA will seek a fine of $250 for the effective so people can have some con- second violation, $1,500 for the third [viola- other area where I have seen FDA be- tion], $5,000 for the fourth, and $10,000 for the come very involved in the political fidence in these products. I didn’t know fifth. arena deals with the abortion drug RU– it was the purpose of FDA to recruit companies to bring abortion drugs to So, if a convenience store doesn’t 486. I have a press release that is dated into this country. That is clearly not comply and they don’t check IDs—and May 16, 1994. The headline is: ‘‘Roussel their purpose. they have to check IDs up to age 27. In Uclaf Donates U.S. Patent Rights for After talking with Dr. Henney, she Oklahoma, it is legal to smoke when RU–486 to Population Council.’’ assured me that wasn’t her intention. you are 18—but if a youngster, who is The first paragraph says: She gave me a letter, and I ask unani- maybe 19, working in a convenience HHS Secretary Donna E. Shalala an- mous consent that it be printed in the store, doesn’t check somebody’s identi- nounced today that French pharmaceutical RECORD at the conclusion of my re- fication who might be 26 or 27 years company Roussel Uclaf, at the encourage- marks. old, they can be fined up to $10,000. ment of the Clinton administration, is do- nating, without remuneration, its United The PRESIDING OFFICER. Without Somebody might say, ‘‘Where is this States patent rights for mifepristone (RU– objection, it is so ordered. idea originating? It is legal for them to 486) to the Population Council, Inc., a not- (See Exhibit 3.) smoke, but if they don’t check IDs of for-profit corporation. Mr. NICKLES. Mr. President, the somebody up to age 27 they can be Then further in the press release it concluding sentence of her letter says: fined $10,000?’’ says: If I am confirmed as Commissioner, I This is implementing FDA’s regula- ‘‘FDA will do all it can to quickly evaluate would not solicit a manufacturer for RU–486. tion. FDA’s regulation, in my opinion, mifepristone,’’ said Shalala. She also says: is unconstitutional. They don’t have I ask unanimous consent that this As a general matter, I believe the Agency the authority to write the law. press release be printed in the RECORD should only solicit product applications in The Constitution says in article I, at the conclusion of my remarks. extraordinary circumstances in which there section 1: The PRESIDING OFFICER. Without is a clear public health need. All legislative Powers herein granted shall objection, it is so ordered. Certainly trying to recruit a manu- be vested in a Congress of the United States, (See Exhibit 2.) facturer and provider of abortion drugs which shall consist of a Senate and House of Mr. NICKLES. Mr. President, this is doesn’t fit in that category, and I ap- Representatives. an administration that had FDA go out preciate her statement she will not so- Where did this regulation come from? and recruit a company that manufac- licit a manufacturer of RU–486. It came from FDA, and it came from tures RU–486, a French company, to do- It bothers me that the Secretary of the FDA Administrator, working with nate its patent rights to a group which Health and Human Services and this the Clinton administration, to basi- is an abortion proponent in the United Clinton administration have done so cally implement a very, I think, polit- States and then was doing everything much to circumvent the process, to use ical agenda. I might mention that the they could to expedite the process. FDA in the process. I think it is politi- regulations are being contested in RU–486 is an abortion pill which ter- cizing an agency that is supposed to be court, and most of those regulations minates the life of a human embryo be- focused on its mission to protect the are being thrown out. In fact, on Au- tween FOUR weeks and NINE weeks. It public health and to expeditiously re- gust 14, 1998, the Fourth Circuit Court is NOT a contraceptive as some would view drugs and medical devices that of Appeals ruled that Congress did not have us believe. It is a drug which will will save and extend life. intend to give the U.S. Food and Drug stop the beating heart of an unborn Mr. President, I also met with Sec- Administration (FDA) the authority to child. retary Shalala a couple of times and

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12690 CONGRESSIONAL RECORD — SENATE October 20, 1998 wanted assurances from her that the printed in the RECORD at the conclu- that FDA lacks the jurisdiction to regulate Department of Health and Human sion of my remarks. tobacco products, reversing the decision of Services would interpret the law as The PRESIDING OFFICER. Without the U.S. District Court for the Middle Dis- written, would enforce the law as writ- objection, it is so ordered. trict of North Carolina. However, the De- (See Exhibit 4.) partment of Justice is seeking review of this ten and not try to rewrite it. decision by the full Fourth Circuit. Under Unfortunately, we found out that the Mr. NICKLES. Mr. President, it is the court of appeals’ rules, unless otherwise Department of Health and Human my intent to support the nomination of directed by the Fourth Circuit, the effect of Services was trying to redefine the Dr. Henney. After meeting with her a the decision is automatically stayed, mean- Hyde amendment which Congress de- couple of times, and having discussions ing the status quo is maintained until the fined. They were trying to redefine it on these and other issues, I am con- Court has the opportunity to rule on the gov- to broaden the exceptions. fident that she will be a very able ad- ernment’s rehearing request. This means, The Hyde amendment, as most of my ministrator who will not play politics. pending the Court’s review, the parts of the colleagues know, says we will not have In my opinion, she doesn’t have a polit- FDA tobacco program that have been in ef- fect since February 1997 will remain in effect Federal funding for abortion except for ical agenda, and I believe she will try and that state contracts such as this one in cases of rape, incest or to save the to administer the Food and Drug Ad- with Oklahoma continue to be awarded and life of the mother. There is not a men- ministration as a professional organi- implemented. tal health exemption in that. Many zation to make sure that drugs and This case involves an appeal of an April 25, people have tried to put it in. The ad- medical devices are safe and effective 1997, decision from Judge William Osteen of ministration has. But we clearly de- for America’s population, and that she the U.S. District Court in Greensboro, N.C. fined it, Congress defined it as the won’t try to implement legislation He ruled that FDA has jurisdiction under the Hyde amendment, no mental health ex- through regulation. Food, Drug and Cosmetic Act to regulate nicotine-containing cigarettes and smoke- ception. Mr. President, I wasn’t the only Sen- less tobacco. The court upheld all restric- I have a letter from Secretary ator who had reservations about this tions involving youth access and labeling, in- Shalala that says this activity will nominee. I had reservations until we cluding the two provisions that went into ef- cease and they will interpret the Hyde could get certain clarifications. I re- fect Feb. 28. amendment as written. ceived those. I have asked they be The State of Oklahoma is one of 53 states We also found, Mr. President, that printed in the RECORD to substantiate and territories that are eligible to contract under the Kidcare Program HHS had the progress that was made, and I urge with FDA. FDA will use a portion of the $34 misinterpreted the abortion language. my colleagues to support her nomina- million it has budgeted this year to assist We made it very clear in three dif- states in enforcing the regulation and to tion. educate retailers and the general public on ferent sections in that law that abor- I yield the floor. the new provisions that went into effect in tion was not going to be a fringe ben- EXHIBIT 1 last February. President Clinton has re- efit which we were going to provide for [From FDA Talk Paper, Oct. 2, 1998] quested $134 million for tobacco regulation teenagers. We made the language very, FDA PARTNERS WITH OKLAHOMA TO PROTECT in his FY 1999 budget submission to Con- very clear. CHILDREN FROM TOBACCO gress. Much to my consternation, we were The Food and Drug Administration (FDA) EXHIBIT 2 contacted by officials of the State of has contracted with the Oklahoma State Virginia who said HHS was trying to Dept. of Health to enforce FDA’s new regula- [From Eagle Forum, Oct. 9, 1998] mandate that they have abortion serv- tion that prohibits retailers from selling ROUSSEL UCLAF DONATES U.S. PATENT ices covered even though it was cer- cigarettes and smokeless tobacco products to RIGHTS FOR RU–486 TO POPULATION COUNCIL tainly their wish and option that they children under 18. HHS Secretary Donna E. Shalala an- didn’t want that to be the case. Under the contract, the State of Oklahoma nounced today that French pharmaceutical After meeting with Secretary will receive $312,386.75 to conduct approxi- company Roussel Uclaf, at the encourage- Shalala, and after an exchange of sev- mately 4,500 unannounced retail compliance ment of the Clinton administration, is do- checks over the next 12 months. Minors in nating, without remuneration, its United eral letters, she finally assured me that typical dress, accompanied by an adult, will States patent rights for mifepristone (RU– wasn’t the case. I will insert her letters attempt to purchase cigarettes or spit to- 486) to the Population Council, Inc., a not- and mine and Representative BLILEY’s bacco in retail stores throughout the State for-profit corporation. letter into the RECORD. But we now of Oklahoma. RU–486 has been marketed for non-surgical have assurances from Secretary Information about the compliance checks termination of pregnancies in France, the Shalala. I will read the last part of her will be sent to FDA, which will issue a warn- United Kingdom and Sweden. The drug is letter sent to me on October 15: ing for the first violation to retailers found also under study for labor induction, contra- selling to the adolescents. These retailers ception, Cushing’s syndrome, endometriosis, States are not required to provide abortion will be subject to repeat inspections. FDA meningioma and breast cancer. services, including abortion services for will seek a fine of $250 for the second viola- ‘‘We strongly believe that women in Amer- which coverage is permissible under title tion, $1,500 for the third, $5,000 for the fourth, ica should have access to the full range of XXI of the Social Security Act, under any of and $10,000 for the fifth. safe and effective alternatives to surgical the S-CHIP— The first provisions of FDA’s final rule to abortion,’’ Shalala said. ‘‘The donation an- That is the State Children’s Health protect children from tobacco took effect nounced today is a big step in that direc- Insurance Program— Feb. 28, 1997, making age 18 the national tion.’’ benefit package options in section 2103. No minimum age to purchase tobacco products On Jan. 22, 1993, President Clinton signed a State will be denied approval of its S-CHIP and requiring retailers to check photo IDs of Presidential Memorandum directing the De- plan because its benefit package under sec- anyone under age 27. These measures are partment of Health and Human Services to tion 2103 does not include coverage of abor- part of a comprehensive program designed to assess initiatives to promote the testing and tion services, including abortion services for reduce by half the number of young people licensing of RU–486 in the United States. which coverage is permissible under title who smoke in the next seven years. FDA Shalala commended Roussel Uclaf and the XXI. published the final rule Aug. 28, 1996, with Population Council for coming to closure Thank you for your interest in this matter. provisions that limit access by children and after months of complex negotiations amid I am pleased that Secretary Shalala adolescents to tobacco products and reduce repeated urging from the Clinton adminis- the appeal these products have for underage tration. agreed with us that she would interpret smokers. Shalala emphasized, however, that the do- the law as written, and that includes Children and adolescents have long had nation does not mean RU–486 has been ap- both the Hyde language and language easy access to tobacco products. In 13 studies proved for use in the United States. The Pop- in the Kidcare program dealing with reviewed by the Surgeon General, minors ulation Council must conduct clinical trials, abortion. I am pleased that I have as- were successfully able to buy cigarettes 67 identify a manufacturer and submit a new surances from Dr. Henney that if she is percent of the time. drug application to the Food and Drug Ad- confirmed Commissioner of FDA, she In fact, 3,000 children and adolescents be- ministration. ‘‘The FDA will do all it can to quickly will not recruit manufacturers and pro- come regular smokers every day, and nearly 1,000 will die prematurely from a smoking- evaluate mifepristone,’’ said Shalala. viders for an abortion drug, including related disease. ‘‘FDA’s decision will be based solely on the RU–486. On Aug. 14, 1998, a majority of a three- scientific and medical evidence as to the Mr. President, I ask unanimous con- judge panel of the U.S. Court of Appeals for safety and efficacy of the drug. That is our sent that this entire set of letters be the Fourth Circuit in Richmond, Va., ruled responsibility to the women of America.’’

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HHS FACT SHEET ment as it was enacted in your Department’s compel States to cover abortions under their MIFEPRISTONE (RU–486). BRIEF OVERVIEW, MAY appropriations bill for FY 1998. State Children’s Health Insurance Program 16, 1994 ‘‘The recently enacted Appropriations Act (S–CHIP) plans HCFA’s actions are in direct contained new requirements for federally On Jan. 22, 1993, in one of his first official contravention of the Balanced Budget Act of funded abortions. One of those requirements acts, President Clinton issued a memo- 1997. is that, in order to receive federal funding, a randum directing HHS Secretary Donna E. As you are aware, Congress codified the physician must certify that a woman suffers Shalala to assess initiatives to promote the Hyde language in the new Title XXI lan- from a physical disorder, physical injury, or testing and licensing of mifepristone (RU– guage establishing the S–CHIP program (See physical illness, including a life-endangering 486) in the United States. sections 2105(c)(1), 2105(c)(7) and 2110(a)(16)). During early 1993, Secretary Shalala and physical condition caused or arising from the This language prohibits the use of funds FDA Commissioner David Kessler commu- pregnancy itself, that would place the under this program to pay for any abortion nicated with senior Roussel Uclaf officials to woman in danger of death unless an abortion or to assist in the purchase, in whole or in begin efforts to pave the way for bringing is performed.’’ part, of health benefit coverage that includes That directive forecloses any possible con- RU–486 into the American marketplace. coverage of abortion except where the abor- In April 1993, representatives of FDA, sideration concerning mental health. Yet it tion is necessary to save the life of the moth- Roussel Uclaf and the Population Council, a now appears that a HCFA departmental er or if the pregnancy is the result of an act not-for-profit organization, met to discuss meeting has been scheduled to discuss of rape or incest. whether some mental problems that have a U.S. clinical trials and licensing of RU–486. Of particular relevance to the current dis- physical origin might make a patient eligi- Over the last year, the parties continued pute is the fact that in each of the aforemen- ble for a taxpayer-funded abortion. This is their negotiations, culminating in the dona- tioned sections, even this limited scope of the worst kind of bureaucratic loophole- tion announced today. Roussel Uclaf will permissible abortion payment or coverage is knitting. It must stop. transfer, without remuneration, its United triggered by the extent (if any) to which a We, therefore, call upon you to take imme- States patient rights to mifepristone to the State elects to include abortion payment or diate action to investigate and stop any ac- Population Council. In turn, the Population coverage in its S–CHIP State plan. As a re- tivities that may be taken by officials at Council will take the necessary steps to sult, there exists no requirement that States HCFA in an effort to circumvent the Hyde bring RU–486 to the American market. cover abortions in the case of rape, incest, or Amendment. We also request that you report Mifepristone was developed by the French life endangerment. Rather, these are the back to us, by November 1, 1998, your find- firm Roussel Uclaf. The drug has been mar- only instances in which a State which choos- ings regarding this investigation and the ac- keted for use to non-surgically terminate es to pay for abortions or abortion coverage tion taken by you to halt these activities. pregnancy in France, the United Kingdom may do so. Sincerely, and Sweden. There are several investigative DON NICKLES, In addition to codifying the Hyde amend- trials underway with FDA for other uses of Assistant Majority Leader, ment, Congress explicitly distinguished in the drug, including contraception, labor in- U.S. Senate. BBA between abortion and medically nec- duction, Cushing’s syndrome, endometriosis, HENRY J. HYDE, essary services under Title XIX of the Social meningioma and breast cancer. Security Act (See section 4707(e)(1)). By cit- It must be recognized that termination of Chairman, Committee on the Judiciary, U.S. House of Representatives. ing abortion as an exception to the standard a pregnancy is not a simple medical proce- of medical necessity, Congress removed the dure, whether it is done surgically or DEPARTMENT OF basis upon which Medicaid coverage of abor- through a medical regimen. In France, the tion was previously required. United Kingdom and Sweden, where RU–486 HEALTH AND HUMAN SERVICES, Based on these provisions of law, HCFA has has been administered to approximately Washington, DC, October 12, 1998. no authority to require any State to provide 150,000 women, the procedure requires several Hon. DON NICKLES, abortion coverage as part of their Title XXI visits to the medical facility, a precisc dos- Assistant Majority Leader, U.S. Senate, Wash- program. As a result, any disapproval of a ing scheme using two different drugs, and ington, DC. DEAR SENATOR NICKLES: Thank you for the State plan on these grounds is contrary to close monitoring to care for women who may letter from you and Chairman Hyde con- law. We request your immediate written as- experience excessive bleeding or other com- cerning the Department’s interpretation of surance that HCFA will no longer require plications. Any use of mifepristone in the the Hyde amendment as it affects federally States to cover abortions under their S– United States would have to follow the same funded abortions. As you know, I take very CHIP plans. type of strict distribution and use condi- seriously the Department’s obligation to Sincerely, tions. fully implement the law as enacted by the DON NICKLES, Congress, Nancy Ann DeParle, the Adminis- Assistant Majority Leader. EXHIBIT 3 trator of the Health Care Financing Admin- TOM BLILEY, OCTOBER 14, 1998. istration (HCFA), shares this commitment. Chairman, Committee on Commerce. Hon. DON NICKLES, Let me assure you that in order for federal Assistant Majority Leader, funds to be used to cover abortion, a physi- DEPARTMENT OF HEALTH U.S. Senate, Washington, DC. cian must certify that a woman suffers from AND HUMAN SERVICES, DEAR SENATOR NICKLES: Thank you for a physical disorder, physical injury, or phys- Washington, DC, October 3, 1998. meeting with me and Secretary Shalala con- ical illness, including a life-endangering Hon. DON NICKLES, cerning my nomination to be Commissioner physical condition caused or arising from the Assistant Majority Leader, U.S. Senate, Wash- of the Food and Drug Administration (FDA). pregnancy itself, that would place the ington, DC. I appreciate the time and consideration that woman in danger of death unless an abortion you have given to my nomination. DEAR SENATOR NICKLES: Thank you for the is performed. letter from you and Chairman Bliley con- I want to take this opportunity to restate We have no intention to instruct states on cerning abortion coverage under the Title that during my earlier service at FDA (1992– this issue other than to reiterate the statu- XXI State Children’s Health Insurance Pro- 1994) I was not involved either in the solici- tory obligation that must be met to utilize gram (S–CHIP). As explained in greater de- tation or the review of the RU–486 applica- federal funds for legally permissible abor- tail below, states do have the discretion to tion. As a general matter, I believe the Agen- tions. cy should only solicit product applications in I trust this addresses your concerns. Please determine whether to provide coverage for extraordinary circumstances in which there let me know if I can be of further assistance permissible abortion services in their S– is a clear public health need. in this matter. An identical letter has been CHIP programs. If I am confirmed as Commissioner, I sent to Chairman Hyde. First, let me say that we have gone to would not solicit a manufacturer for RU–486. Sincerely, great lengths to ensure that the Depart- Thank you again for considering my nomi- DONNA E. SHALALA. ment’s implementation of the S–CHIP pro- nation. gram is consistent with congressional intent Sincerely, U.S. SENATE, OFFICE OF and flexible to meet the needs and cir- JANE E. HENNEY, M.D. ASSISTANT MAJORITY LEADER, cumstances of individual states. We have Washington, DC, October 7, 1998. consulted frequently with Members of Con- EXHIBIT 4 Hon. DONNA E. SHALALA, gress and staff on a bipartisan basis, and CONGRESS OF THE UNITED STATES, Secretary, U.S. Department of Health and have worked with state officials to facilitate Washington, DC, October 7, 1998. Human Services, Washington, DC. the implementation of their programs. To Hon. DONNA E. SHALALA, DEAR MADAM SECRETARY: It has come to date, we have approved 42 state plans under Secretary, Department of Health and Human our attention that the Health Care Financ- the Title XXI program. Services, Washington, DC. ing Administration (HCFA) is wrongly inter- In addition to the Title XXI Medicaid ex- DEAR MADAM SECRETARY: Last July, the preting provisions included in the Balanced pansion option, states have three options for Health Care Financing Administration Budget Act of 1997 (BBA) regarding Title XXI insurance coverage under the S–CHIP pro- (HCFA) sent to state Medicaid directors a of the Social Security Act. Despite the clar- gram, Benchmark, Benchmark-Equivalent, note correctly interpreting the Hyde Amend- ity of the law, your agency is seeking to or Secretary-Approved Coverage. States are

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12692 CONGRESSIONAL RECORD — SENATE October 20, 1998 free to exclude coverage for permissible would approve CHIP benefit packages for that organization fails substantially to pro- abortion services in their Benchmark (pro- Title XXI non-Medicaid state programs (S– vide medically necessary items and services vided a state’s Benchmark plans does not CHIP). In general, our policy has been that a under the law or the organization’s contract. cover abortions) or Benchmark-Equivalent state must provide a benefit package that is Accordingly, if a managed care entity has options. equal to, or better than, Benchmark or agreed by contract to provide those services To ensure as much consistency as possible Benchmark-Equivalent Coverage. In my let- and does not do so, it may be sanctioned by in our approval process, we have limited the ter to you yesterday, I stated that we have operation of this section of the law. Notwith- exercise of our discretion under the third op- limited the exercise of our discretion under standing that provision, Section (e)(1)(B) in- tion, Secretary-Approved Coverage, to cases the Secretary-Approved Coverage option to structs that there shall not be any sanction in which the benefits offered under a state’s cases in which the benefits offered under a imposed on a managed care entity that has S–CHIP program are the same as under its state’s S–CHIP program are the same as contracted with a state and that fails or re- Medicaid plan. This provided state with the under its Medicaid plan. Indeed, we decided fuses to provide abortion services, so long as flexibility to use their existing Medicaid pro- as a matter of policy in devising our S–CHIP the contract itself reflects no obligation to grams and structures without have to extend implementation process that this approach provide such services. Moreover, the inclu- an entitlement to new S–CHIP enrollees. provided an important benefit option that sion of these provisions strongly indicates Given the substantial flexibility in design states might not otherwise have. that abortion services are medically nec- their benefit packages that states enjoy However, after asking staff to review our essary services under the Medicaid program, under the Benchmark and Benchmark-Equiv- records yesterday, it appears that in addi- otherwise an exception to the general rule alent options, this limited approach to Sec- tion to Medicaid plans, we may have consid- would not have been included. retary-Approved Coverage does not unduly ered as Secretary-Approved Coverage other (4) In what manner do you view abortion as constrain the benefits options available to benefit packages. This occurred in instances ‘‘appropriate coverage for the population of states. in which a state provided benefits in excess targeted low-income children proposed to be Please let me know if I can be of further of the statutorily defined Benchmarks. Ap- provided such coverage’’ by Virginia or any assistance on these issues. An identical let- parently, there was discussion in the Depart- other state which submits an application for ter has been sent to Chairman Bliley. ment that it might be desirable to use the Secretary-approved coverage (See Section Sincerely, Secretary-Approved Coverage option for 2103(a)(4))? DONNA E. SHALALA. states that want to provide more benefits Abortion services may be covered under than required by law without requiring them Section 2103(a)(4) to the extent that a state U.S. SENATE, OFFICE OF ASSISTANT to submit a formal actuarial estimate. chooses to include coverage for permissible MAJORITY LEADER, As a result of this review of our records abortion services in its otherwise qualified Washington, DC, October 13, 1998. and staff deliberations, I have decided that plan. Limited abortion services qualify as Hon. DONNA E. SHALALA, as long as a state proposed to provide bene- covered services under Section 2110(a)(16) of Secretary, U.S. Department of Health and fits in excess of Benchmark Coverage, states the CHIP law. Human Services, Washington, DC. will not be required to cover permissible I hope this information addresses your con- DEAR MADAM SECRETARY: Thank you for abortion services under the Secretary-Ap- cerns. Please let me know if you would like your recent letter. While I appreciate your proved Coverage option. We have already in- to discuss this matter further. timely response, I would like specific an- formed you that states are free to exclude Sincerely, swers to the concerns that were raised in my coverage for permissible abortion services in DONNA E. SHALALA. earlier letter. On behalf of chairman Bliley their Benchmark (provided a state’s Bench- and me, I request your direct response to the mark plan does not cover abortions) or U.S. SENATE, OFFICE OF ASSISTANT following questions: Benchmark-Equivalent options. MAJORITY LEADER, (1) On the basis of your letter dated Octo- I would like to address the specific ques- Washington, DC, October 15, 1998. ber 13, 1998, is it the Department’s view that tions you raised in your October 13, 1998 let- Hon. DONNAL E. SHALALA, the Hyde language contained in the S–CHIP ter. Secretary, U.S. Department of Health and program does not require states to provide (1) On the basis of your letter dated Octo- Human Services, Washington, DC. abortion coverage in the circumstances ber 13, 1998, is it the Department’s view that DEAR MADAM SECRETARY: Thank you for where the abortion is necessary to save the the Hyde language contained in the S-CHIP your letter of October 14. Chairman Bliley life of the mother or if the pregnancy is the program does not require states to provide and I have analyzed your responses to the result of an act of rape or incest (See section abortion coverage in the circumstances questions posed in the October 13 letter and 2105(c)(1), 2105(c)(7), and 2110(a)(16))? where the abortion is necessary to save the continue to have grave concerns about the (2) Is it your contention that a state which life of the mother or if the pregnancy is the manner in which the Department interprets covers elective abortions under Medicaid and result of an act of rape or incest (See Section the plain legislative language of Title XXI of which opts to offer ‘‘Secretary-approved cov- 2105 (c)(1), 2105 (c)(7), 2110 (a)(16))? the Social Security Act. In particular, your erage’’ under S–CHIP must cover elective As discussed above, states are not required most recent response states, in part, that ‘‘to abortions for teenage girls under its S–CHIP to provide permissible abortion services the extent that a state chooses a package program? under any of the three S-CHIP program op- that covers abortion services under the (3) In light of your letter, is it your conten- tions. However, to the extent that a state Benchmark option, they must provide these tion that abortion is no longer considered a chooses a package that covers abortion serv- services to the extent they are allowed under ‘‘medically necessary’’ service under the ices under the Benchmark option, they must the CHIP [sic] statute.’’ (emphasis added) Medicaid program (See section 4707(e)(1)? provide these services to the extent they are This interpretation has no basis in the (4) In what manner do you view abortion as allowed under the CHIP statute. statutory language of the State Children’s ‘‘appropriate coverage for the population of (2) Is it your contention that a state which Health Insurance Program (SCHIP). Section targeted low-income children proposed to be covers elective abortions under Medicaid and 2103 defines the various options that states provided such coverage’’ by Virginia or any which opts to offer ‘‘Secretary-approved cov- have in crafting the benefits package offered other state which submits an application for erage’’ under S-CHIP must cover elective through their SCHIP plan. In every instance, Secretary-approved coverage (See section abortions for teenage girls under its S-CHIP states are given the full discretion to estab- 2103(a)(4))? program? lish the specific benefits to be offered to chil- Again, I request your immediate written As discussed above, states are not required dren covered under the state’s SCHIP plan. response to the questions above. Thank you to cover permissible abortion services in We call your attention to the explicit use of in advance for your cooperation. order to receive Secretary-Approved Cov- the terms ‘‘equivalent’’ in Section 2103(a)(1) Sincerely, erage. States do, however, have to offer at relating to Benchmark Coverage and Section DON NICKLES, least the scope of benefits provided in their 2103(a)(2) relating to Benchmark-Equivalent Assistant Majority Leader. Benchmark plan. Coverage. We also call your attention to the (3) In light of your letter, is it your conten- ability of states to ‘‘modify’’ the benefits DEPARTMENT OF tion that abortion is no longer considered a package offered through Section 2103(a)(3), HEALTH AND HUMAN SERVICES, ‘‘medically necessary’’ service under the as provided in 2103(d)(2). Washington, DC, October 14, 1998. Medicaid program (See section 4707(e)(1))? We appreciate your recognition, as stated Hon. DON NICKLES, We do not believe that Section 4707(e)(1) af- in your October 14 response, that ‘‘states are Assistant Majority leader, U.S. Senate, Wash- fects whether abortion services are medi- not required to provide permissible abortion ington, DC. cally necessary services under Medicaid. As services under any of the three S–CHIP pro- DEAR SENATOR NICKLES: Thank you for a general matter, this section of the law de- gram options.’’ We also appreciate your rec- your most recent letter and the opportunity scribes the intermediate sanction regime a ognition, as stated in the same letter, that to clarify our October 13, 1998 response con- state must put in place in implementing the states are not required to provide abortion cerning coverage of abortion services under law. It does not affect the scope of benefits coverage under the Secretary-Approved Cov- the Title XXI State Children’s Health Insur- required under a state plan. Specifically, erage option (Section 2103(a)(4). ance Program (CHIP). Section (e)(1)(A) permits states to provide However, your continuing assertion that I would like to clarify my response to you for sanctions against any Medicaid managed any requirement exists in Title XXI of the concerning the conditions under which I care organization contracting with a state if Social Security Act compelling states to

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12693 provide abortion coverage or services is un- ica’s traditional commitment to pri- verse that work by allowing implemen- acceptable and contrary to public law. vate property rights. tation of a new system which could Once again, we request your immediate DIRK has decided, in the interests of threaten to undermine many of the written response to the concerns stated his family, to leave Washington and re- successful organ transplant centers above. In addition, I invite your staff to turn to Idaho. While I am certain all of meet with our staff as soon as possible to ex- who are doing so much good in this Na- plain the legal basis for the interpretation us here will miss him, he leaves a tion. Utah’s own successful transplant presented to us in your October 14 letter. weighty record of achievement and will center comes to mind, although centers Thank you in advance for your cooperation. continue to serve as a model of Senato- in several other States such as Ala- Sincerely, rial conduct for years to come. I know bama, Louisiana, and South Carolina DON NICKLES, the people of Idaho will benefit greatly would also be jeopardized if this regu- Assistant Majority Leader. from his coming service as Governor lation goes into effect. and wish him, his wife and children, all While we in America are fortunate to DEPARTMENT OF the best in their return home. enjoy the best health care in the world, HEALTH AND HUMAN SERVICES, we also have concerns about the avail- Washington, DC, October 15, 1998. f ability of life saving care should an Hon. DON NICKLES, ORGAN TRANSPLANT organ fail. Advances in medicine have Assistant Majority Leader, U.S. Senate, Wash- REGULATIONS ington, DC. made once rare transplants common- DEAR SENATOR NICKLES: I wanted to pro- Mr. HATCH. Mr. President, I rise to place. Yet, there is a scarcity of or- vide further information with respect to speak on a patient care issue of enor- gans, despite the hard work of local issues discussed in our recent correspond- mous importance: regulations being organ procurement agencies, trans- ence. promulgated by the Secretary of plant centers, and, indeed, developers States are not required to provide coverage Health and Human Services (HHS) with of artificial technology such as the of abortion services, including abortion serv- respect to organ transplantation. work being done on artificial hearts at ices for which coverage is permissible under I have long championed the need for Title XI of the Social Security Act, under the University of Utah. any of the S–CHIP benefit package options in our country to bring the innovations of Added to this concern about the section 2103. No state will be denied approval medical science to the forefront of pa- availability of organs is a growing anx- of its S–CHIP plan because its benefit pack- tient treatment, be it through pharma- iety about the impact of HHS’s pro- age under section 2103 does not include cov- ceutical development, gene mapping, posed transplant allocation rules. A erage of abortion services, including abor- or artificial organ development. No- large source of this concern is within tion services for which coverage is permis- where has this been more necessary the hard-working transplant commu- sible under Title XXI. than in the realm of organ transplan- nity. In fact, the Department of Health Thank you for your interest in this matter. tation. and Human Services has indicated that Sincerely, Over 14 years ago, with the passage of DONNA E. SHALALA. more than 85% of the almost 18,000 the National Organ Transplant Act comments received oppose the organ f (NOTA), Congress intervened to ad- procurement transplant network final TRIBUTE TO SENATOR vance medical science at a time when rule. KEMPTHORNE our health care system was not keep- In particular, we are seeing a rising Mr. ABRAHAM. Mr. President, I rise ing pace with the tremendous advances concern about variations in the avail- to pay tribute to the Junior Senator medicine had to offer. As a result, we ability of organs from region to region. examined the role of the private sector from Idaho, Mr. KEMPTHORNE. My wife, The HHS response, which is to, in ef- and the Federal government in organ Jane, and I got to know DIRK and his fect, nationalize distribution, seems transplantation to formulate an equi- wife, Pat, soon after I came to Wash- logical at first, but upon further reflec- table policy for individuals throughout ington, and they have been good tion is a flawed policy with potentially this country to have access to organ friends. Pat and DIRK are simply won- devastating near-term effects on many transplantation when appropriate and derful people, whose warmth and civil- transplant centers. By diverting re- necessary. sources from relatively ‘‘organ-rich’’ to ity make the Senate a better place. We needed a better system than that DIRK KEMPTHORNE has brought his relatively ‘‘organ-poor’’ regions, the which existed at the time, and that is HHS rules penalize communities which energy and goodwill with him to the what NOTA established. As the author Senate every day, making it a better have worked to build up successful pro- of the National Organ Transplant Act grams, including those which have place in which to work and, I am sure, (NOTA) in 1984, which was cosponsored improving our ability to work together done so much to improve the har- by our colleagues Sentors NICKLES, to pass constructive legislation. In ad- vesting rates of much-needed organs. THURMOND, GRASSLEY and ROTH, I am I commend Secretary Shalala for dition, he has brought tremendous in- proud of our accomplishment, and I bringing the need to further improve sight and common sense to the legisla- continue to maintain a very keen in- the organ transplant system to the tive process. I am proud to have terest in our country establishing and forefront. One positive step is the re- worked with him in passing Unfunded operating a viable, effective organ cent rule requiring all 5,200 U.S. acute Mandates legislation in 1995. This bill, transplant network. care hospitals to notify an organ pro- which Senator KEMPTHORNE managed There is no question that passage of curement organization of every death on the floor, is an important step for- NOTA has allowed us to save thousands as a condition of Medicare participa- ward for American small business and of lives. The medical community has tion. Health Care Financing Adminis- its passage could not have been secured been transplanting over 4,000 livers trator Nancy Ann Min-Deparle esti- without his able leadership. each year. We have seen valuable mates that this step alone will increase Whether as a key member of the transplant technology and services organ donations by up to 20 percent. Small Business Committee, as Chair- spread from only a handful of research While this was a widely supported man of the Drinking Water, Fisheries, institutions to hospitals in rural Amer- step, the proposed rules governing the and Wildlife subcommittee of the Envi- ica. Organ Procurement and Transplant ronment and Public Works Committee, In my home State of Utah, LDS Hos- Network have not enjoyed the same en- or as Chairman of the Personnel Sub- pital has been able to increase its liver thusiasm. committee of the Armed Services Com- transplant volume over 15-fold since its In January, I joined 41 other Sen- mittee, DIRK has brought strong lead- inception only 13 years ago. We have ators who wrote to Secretary Shalaha ership and reasoned argument to our aspired to promote a system which al- expressing concern that the proposed public policy debates. He was instru- lows medical science to reach the peo- final rule could be used as vehicle to mental in initiating the Congressional ple it was meant to serve, and I believe turn organ allocation into a political Commission on Military Training. He we are in large part achieving that process. Her response did not alleviate laid the groundwork for long overdue goal, in great measure due to enact- my concerns, nor those of the trans- reforms to the Endangered Species Act; ment of NOTA. plant community. reforms that will protect our wildlife Today, I stand before the the Senate We cannot damage the public trust in without unduly tampering with Amer- to urge that we not precipitously re- the organ network, nor in the decisions

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12694 CONGRESSIONAL RECORD — SENATE October 20, 1998 of health professionals who operate the join the members of your family who are would not yet put an end to violence and un- transplant system. While it will never here, and to share this occasion with so fortunately this proved to be true. However, be an easy task to allocate such a crit- many friends of Ireland who are present. despite the awful event in Omagh and other ical scarce resource—organs—we can- Since its foundation the Library has rep- recent tragedies, the Agreement does rep- resented the ideals of President Kennedy not let this become nothing more than resent the best opportunity yet for a new be- through a range of research and activities ginning, for new structures, for real democ- a turf war between large and small which is truly admirable. I wish to pay trib- racy and equality and for lasting peace. The transplant centers. ute to that achievement to you, Senator, to referendums of this summer have put beyond Large centers play an important role the Library’s President Caroline Kennedy all doubt that the Agreement is the demo- by being at the heart of the innova- Schlossberg, to all of your family, as well as cratic mandate of the people to their polit- tions which have brought us the tech- the dedicated Board and Staff who have ical leaders. A great deal of progress has nical advances making current liver worked so effectively to achieve this and of been made already in forging new partner- transplant possible. Smaller centers course to honour also the memory of Senator ships at political, economic and social levels. Robert Kennedy, particularly this year. Difficult work and challenges lie ahead in all also make many contributions includ- Just two years ago, as a private citizen, I ing making such technology more ac- of these areas, but, with your help, we are came to visit here. As for thousands of other now firmly established on the road to a cessible to Americans. This allows the Irish visitors to Boston, we feel this is in- peaceful future. patient to be closer to family and loved stinctively where we want to come. I was ones during this stressful time. profoundly moved. The Library and Museum Tomorrow morning, I look forward to pay- We must find a way to increase the must surely be the most outstanding living ing tribute to an important and tragic part organs and reduce the perceived inequi- testimony of its kind. For my generation, of that heritage when I visit the Famine Me- ties in the current system. We need the growing up in the 1960’s, we were of course ir- morial in Boston with Mayor Menino and facts to address the problem. revocably shaped and motivated by that ex- Tom Flatley. That Memorial, on your Free- dom Trail, is a sombre and important re- For this reason, I support the provi- traordinary time. It means a great deal to me, at a personal level, that my first official minder of the devastation of that time and of sion, which I understand will be con- event in Boston as President of Ireland Boston’s central place in that story. tained in the omnibus appropriations should be at the Kennedy Library—I can But we know too that the story of the Irish bill, that will place a one-year morato- think of nowhere more appropriate. in Massachusetts in this century is one of When we visit here, we are of course sharp- rium on the implementation of the overcoming adversity, endeavour, courage ly reminded of what we lost, butI would pre- HHS rules. This moratorium will allow and success. Few of us would have dared to fer to reflect on what we found, on the leg- us to learn the facts necessary to im- dream of how far that success could eventu- prove the availability of transplan- acy which we have and the ideals which we must protect. The Kennedy Library is as ally reach, in 1998, in terms of political tation. much about our future as our past. achievement and economic prosperity. The Mr. President, what we have at stake President Kennedy’s Irish roots have never United States, President Clinton, and out- is not just the amelioration of a flawed been forgotten. His election in 1960 was, for standing leaders such as Senator Kennedy, organ transplant procurement and allo- Irish people everywhere, a source of inspira- have played a central role in both. cation system, but the future of allo- tion and joy. None of us will forget the im- To Jean, I want to offer our gratitude, af- cating scare health care resources of pact of his visit to Ireland at a time of dra- fection, and highest respect. Jean, to borrow all types. It behooves us to proceed matic change and challenge in our own coun- the Senator’s phrase, came back in the carefully on this matter of utmost con- try. As he said in his address to our Par- springtime. She not only made thousands of cern. liament in 1963, ‘‘our two nations, divided by friends in Ireland, she became a pivotal fig- distance, have been united by history.’’ ure in our quest for peace. We will miss her f Those four days which President Kennedy very much. She leaves, however, with the ADDRESS OF PRESIDENT MARY spent in Ireland were unforgettable for all satisfaction of knowing that her legacy will involved. His impact was total, for young MCALEESE OF IRELAND AT THE remain and that her good work will continue and old alike. The words of Ralph Waldo at the American Embassy in Dublin. KENNEDY LIBRARY Emerson, another son of New England, per- Mr. KENNEDY. Mr. President, last haps reflect the mood of that time. The tour which we have just enjoyed serves as a powerful reminder both of President Thursday, Mary McAleese, the Presi- He spoke and words more soft than rain dent of Ireland, visited Boston and de- Brought the age of gold again: Kennedy’s life and work but also of the chal- lenges which face us all and particularly livered an important address at Presi- His action won such reverence sweet As hid all measure of the feet. those dedicated to public service. This insti- dent Kennedy’s Library. In her address, tution reminds us of the challenges of public I am pleased to think that in just a few she paid tribute to President Kennedy service and of the obligation which we all months time, next May, the Dunbrody ship and to the long-standing ties between share to improve the lives of all, while cher- from the President’s own County Wexford Ireland and the United States, and she ishing the ideals of equality, justice and mu- will sail into this harbour, offering a power- tual tolerance. The values inherent in good spoke eloquently of the peace process ful symbol of the Irish emigrant story and in Northern Ireland and Ireland, and reminding us in particular of the arrival of public service are eloquently represented in the people’s hopes for lasting peace and the Kennedy family in the United States. this Library. We all need to reinforce those a permanent end to the violence. The emigrant story is part of us all—for principles constantly in our lives and above I believe that President McAleese’s many of you here in this room who bear Irish all through political leadership. remarks will be of interest to all of us names and constantly acknowledge and cele- I want to particularly acknowledge the ex- who care about these issues, and I ask brate your Irish heritage. ceptional support from Massachusetts and unanimous consent that it be printed One of the great achievements of this Li- the city of Boston for their sustained efforts brary is the fact that it has established such in the RECORD. over the years to promote economic develop- an important place in the lives of the chil- ment in Northern Ireland. Many of you will There being no objection, the re- dren of Massachusetts and beyond. Our fu- marks were ordered to be printed in be familiar with the tireless work of John ture is in their hands, as it is also in North- Hume, the SDLP leader, with Boston-Derry the RECORD as follows: ern Ireland. Ventures to bring much needed jobs to the REMARKS BY THE PRESIDENT OF IRELAND, When Mrs. Hillary Clinton visited North- Derry area. Northern Ireland today con- MARY MCALEESE AT A DINNER HOSTED BY ern Ireland last month, she addressed the tinues to rely on your economic assistance. THE KENNEDY LIBRARY FOUNDATION AT THE Vital Voices Conference. She observed then In that regard, I too would like to pay trib- JOHN F. KENNEDY PRESIDENTIAL LIBRARY that in Belfast today, a playground is being ute to the generosity and leadership shown BOSTON, MASSACHUSETTS, OCTOBER 15, 1998 built with the advice of children on both by figures such as John Cullinane, present Senator and Mrs. KENNEDY, Mayor Menino sides of the community. They will be, lit- here tonight—and the ‘‘Friends of Belfast’’ and Distinguished Guests. erally, architects of their own environment. who are supporting the economic regenera- Since the Good Friday agreement reached On behalf of Martin and myself, as well as tion there, which is so necessary to underpin last April, and the subsequent elections held our delegation, I want to thank you for your the Agreement and the peace process. In- wonderful welcome and hospitality this in Northern Ireland this summer, all the peo- deed, I know that here in the Kennedy Li- evening. I would also like to acknowledge ple living in Northern Ireland have the brary on Tuesday there was a major event to the presence here this evening of representa- chance to design and shape their own future. promote economic investment in Northern tives of the Irish Times, who will be our co- I know that all of you here shared the great Ireland. hosts at the Institute of Politics at Harvard joy of that time. tomorrow. The day of the Agreement, however Sen- I would also like to acknowledge the tre- It is truly a special moment for me to visit ator George Mitchell, who did so much to mendous support that John Cullinane is giv- this remarkable Library and Museum, to bring the Agreement about, noted that this ing to the creation of a National Military

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12695 Museum at the National Museum of Ire- and widespread equipment breakdowns that he would address these problems land—which will recognise the enormous and spare parts shortages. These are in the fiscal year 2000 budget request. contribution of Irish nationals serving in basic indicators whose impact is felt In my judgement, it would require a many armies and in many countries over the throughout the ranks, in units substantial increase in the defense past 250 years—including those who served throughout all the services and affect with distinction in the Armed Forces of the budget to alleviate the problems re- United States—and of course the two hun- operations, training, morale and esprit cently acknowledged by the Joint dred thousand from all parts of Ireland, who de corps. Chiefs of Staff. During the hearings, Mr. President, when pressed to ex- were proud to serve in the British Army dur- the service chiefs testified they needed plain the reasons for the decline in ing the First World War—so many of whom approximately $17.5 billion additional paid the ultimate price. readiness, Secretary Cohen and the The hopes and ideals which we all share for Joint Chiefs of Staff attributed the annually to correct the near and long Northern Ireland are represented and cher- cause primarily to the high operational term readiness problems. This amount ished under this each and every day. As tempo and the under funding of the de- does not include a pay increase nor I conclude, I can do no better than to quote fense budgets. General Reimer encap- does it include the funding necessary from the Library’s own words, that in leav- sulated the problem in this way during to change the retirement program. ing here, we come away with new insights— we are all inspired by President Kennedys vi- the September 29 hearing: With respect to the retirement issue, sion that one person can make a difference Soldiers are asking, ‘‘When is it going to the Armed Services Committee will and that every person should try. stop? When will the downsizing end? When consider carefully the recommenda- will our leaders stop asking us to do more f with less?’’ Our soldiers are smart, hard tions of the Secretary of Defense in his fiscal year 2000 budget request and will MILITARY READINESS AND THE working, and dedicated. They are also very tired. address this issue in the Defense au- DEFENSE BUDGET For many of us, the acknowledged thorization bill. Senator LEVIN and I Mr. THURMOND. Mr. President, over shortfall in defense spending is not a wrote the Secretary of Defense on Oc- the past several weeks, the Senate surprise. Last year, during the Senate tober 8 indicating that we believe he Armed Services Committee held a se- debate on the budget resolution, I ex- should conduct appropriate analyses to ries of hearings to review the status of pressed my concerns that funding lev- determine the greatest readiness payoff our armed forces. I scheduled these els for defense considered in the budget among the measures under consider- hearings because I have been concerned agreement would not provide sufficient ation to improve recruiting and reten- for some time that the Administra- funds to adequately sustain over time tion, including pay, retirement, hous- tion’s defense budget was inadequate to the personnel, quality of life, readiness ing, health care, personnel tempo, and maintain readiness and because mem- and modernization programs critical to morale and recreation programs and fa- bers and staff were bringing back anec- our military services. Regretfully, my cilities. These analyses will be crucial dotal information indicating the readi- concerns have become a reality sooner to making the difficult funding deci- ness of our armed forces was declining. than expected and we must now take sions we will face next year. I ask On September 29, the committee measures to resolve these problems and unanimous consent that our letter of heard from General Shelton, the Chair- reverse the decline in the readiness of October 8 be printed in the RECORD fol- man of the Joint Chiefs of Staff, and our military services. other members of the Joint Chiefs, Mr. President, as long as the admin- lowing my remarks. General Reimer, Admiral Johnson, istration continues to pursue a foreign The PRESIDING OFFICER. Without General Ryan, and General Krulak. policy that requires the U.S. military objection, it is so ordered. The hearing has been described by the to be a global police force, our troops (See Exhibit 1.) media as adversarial, however, I would will be challenged by an operational describe it as open, candid and produc- tempo higher than that of the cold war. Mr. THURMOND. Mr. President, the tive. It was not surprising that the If the administration persists in this Joint Chiefs described alarming indica- Chiefs acknowledged the U.S. military endeavor, we must ensure that our tors of declining readiness. I strongly is falling into a readiness crisis and armed forces have the funds to carry believe that if there is an actual emer- faces the danger of becoming a ‘‘hol- out these operations while maintaining gency that should be addressed in this low’’ force if appropriate measures are a force structure that withstands the omnibus supplemental bill, it should be not taken. They specifically indicated impact of the high operational and per- military readiness. The Joint Chiefs the need for additional resources now sonnel tempos associated with our cur- testified that while the $1 billion readi- and in the out years. Most illustrative rent aggressive foreign policy. ness supplemental requested by the De- of the testimony is the following quote More importantly, we have the re- partment of Defense would be helpful, by General Shelton: sponsibility to correct those quality of it is inadequate to maintain the readi- I must admit up front that our forces are life and modernization shortfalls iden- ness of our military forces. I believe showing increasing signs of serious wear. An- tified during our hearings. General that, as the highest priority, the Con- ecdotal and now measurable evidence indi- Shelton recommended the following: gress should have provided an emer- cates that our current readiness is fraying My recommendation is to apply additional gency supplemental for military readi- and that the long-term health of the Total funding to two very real, very pressing con- ness of at least $2 billion. Mr. Presi- Force is in jeopardy. cerns. First, we need to fix the so-called dent, while I appreciate and commend Mr. President, on October 6, the com- REDUX retirement system and return the bulk of our force to the program that covers the Chairman of the Appropriations mittee followed up the hearing with our more senior members—that is, a retire- Committee and the majority leader for the Joint Chiefs of Staff, with a hear- ment program that provides 50 percent of av- negotiating this agreement under dif- ing at which Secretary of Defense erage base pay upon completion of twenty ficult circumstances, I regret that the Cohen and General Shelton testified. years of service. Second, we must begin to final agreement provides only half that Although the focus of the hearing was close the substantial gap between what we pay our men and women in uniform and what amount which I believe is required now to be primarily on world trouble spots, to shore up our military readiness. the readiness status of our forces also their civilian counterparts with similar skills, training, and education are earning. became a subject of intense debate. Mr. President, next year, we are Secretary Cohen reiterated the con- General Reimer described the mod- going to have to face up to the serious cerns of the service chiefs and indi- ernization problem as follows: fiscal problems our military services cated that he would seek additional In order to preserve future readiness, we are experiencing in addition to already must begin today to increase our moderniza- existing outlay problems. The Sec- funds in the fiscal year 2000 budget. tion accounts and to develop the equipment, Mr. President, the indicators that force structures, professional development retary of Defense is conferring now most concerned the service chiefs and systems, training, and doctrine we will need with the Office of Management and brought them to the realization that to prepare for the future. And we must de- Budget to determine how additional readiness was clearly declining in- velop all these capabilities together. funds can be provided for defense next cluded downturns in recruiting and re- Mr. President, during the October 29 year and in the out years. I do not be- tention, a shortfall in unit training, hearing, Secretary Cohen assured us lieve the administration will request

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12696 CONGRESSIONAL RECORD — SENATE October 20, 1998 the additional $20 billion or so which NEWMAN POSTAL SITUATION OMNIBUS CONSOLIDATED AND the Joint Chiefs indicated will be re- Mr. COVERDELL. Mr. President, it EMERGENCY SUPPLEMENTAL quired annually over the next 5 years is with great concern that I rise to ad- APPROPRIATIONS FOR FISCAL to address personnel, readiness, and dress a recurring problem in my state YEAR 1999—CONFERENCE REPORT modernization deficiencies. with the United States Postal Service. Mr. STEVENS. Mr. President, I ask The Congress will have to come to It seems that we are continually faced unanimous consent that there now be 3 grips with these funding realities or with situations where the Postal Serv- hours equally divided for debate today consider significantly scaling back our ice has created controversy by indi- on the conference report to accompany worldwide commitments. We cannot cating—in some cases—that they will H.R. 4328, the omnibus appropriations continue to have it both ways. It is un- move existing post offices from down- bill for 1999, notwithstanding the re- fair to our men and women in uniform town areas. In Georgia, as in many ceipt of the papers, and that when the and cannot be sustained over time. states, these post offices have been Senate receives the conference report, Mr. President, our hearings have sub- main street fixtures for residents, cre- it be considered as having been read stantiated the readiness and funding ating a meeting place for shoppers, with no action other than debate oc- problem facing our armed forces. The business people and officials. The idea curring and the vote to occur at 9 a.m. solution to these problems will require of moving these post offices is particu- on Wednesday, without any inter- the close cooperation between the Con- larly worrisome for rural areas where vening action, debate or motion, and gress and the administration. It will local merchants have long relied upon that paragraph 4 of rule XII and all require the Congress to relook the bal- this common bond. It is a problem that points of order be waived. anced budget agreement and will re- Congress should examine in order to The PRESIDING OFFICER. Is there quire challenging decisions by all par- work with the Postal Service to pro- objection? ties. We have no choice but to make mote a better understanding and work- Hearing none, without objection, it is careful and deliberate decisions. The ing relationship with the affected com- so ordered. future of our Nation and the lives of munities. Mr. STEVENS. Mr. President, I fur- our soldiers, sailors, airmen, and ma- We currently have a particular case ther ask unanimous consent that 15 rines depend on it. in Newnan, Georgia which illustrates minutes of the time under my control EXHIBIT 1 the problem. After receiving word from as manager of the bill on our side be U.S. SENATE, the community that the post office was under the control of Senator GREGG, COMMITTEE ON ARMED SERVICES, moving out of the downtown area, we and that following the vote Senator Washington, DC, October 8, 1998. began contact with the Postal Service SPECTER be recognized for up to 15 min- Hon. WILLIAM S. COHEN, to determine whether or not these ru- utes for general debate, to be followed Secretary of Defense, mors were true. We gained assurances Washington, DC. by Senator ASHCROFT for 30 minutes of DEAR MR. SECRETARY: In light of your re- from the Postal Service that they did general debate. cent testimony and the testimony of the not intend to move from the downtown The PRESIDING OFFICER. Without Joint Chiefs of Staff before the Committee, area because there was ‘‘overwhelming objection, it is so ordered. it is obvious that maintaining the delicate community support’’ for keeping it Mr. STEVENS. Mr. President, I sug- balance among the key components of per- there. Since that time, we have re- gest the absence of a quorum. sonnel and quality of life, readiness and mod- ceived another report from the Postal The PRESIDING OFFICER. The ernization in the FY2000–2005 Future Years Service that, because of security re- clerk will call the roll. Defense Plan will be difficult. The current The assistant legislative clerk pro- discussions of ‘‘catch-up’’ pay raises, return- quirements, they indeed may have to ing to a richer military retirement system, move to an alternate location. I am ceeded to call the roll. funding modernization programs, providing concerned by the lack of clarity in the Mr. STEVENS. Mr. President, I ask adequate training funds and controlling high reports my office has received on this unanimous consent that the order for personnel and operational tempos make your matter and am working to get a clari- the quorum call be rescinded. task of setting priorities a significant chal- fication from the Postal Service. I The PRESIDING OFFICER. Without lenge. would like to reiterate for the record objection, it is so ordered. As you develop the defense budget request Mr. STEVENS. Mr. President, it is for fiscal year 2000, it is imperative that the my commitment to maintaining a full service postal facility in downtown with some regret that it is my job to Department thoroughly analyze any pro- bring before the Senate the Omnibus posals to address the pay gap or return to Newnan. I would welcome the oppor- the pre-August 1986 military retirement sys- tunity to work with local officials and Consolidated and Emergency Supple- tem. We are totally committed, as we are businesses in Newnan and the Postal mental Appropriations Act of 1999. sure you are, to taking care of our military Service to meet this goal. Throughout the year, I have urged that personnel and their families. However, before As I mentioned, Mr. President, this we find a way to move on the indi- enacting any proposals in this area with sig- matter in Newnan is a reflection of the vidual appropriations bills so that we nificant long-term costs, the Department of work we have ahead to avoid these con- would avoid a repetition of what took Defense and the Congress must have a clear troversies between smaller commu- place 2 years ago. Unfortunately, that view of the likely impact of the proposals on request was not followed, despite the recruiting, retention, and military readiness. nities and the post office. It is a prob- During our hearing on October 6, 1998, you lem I hope we rectify favorably for the urging of the distinguished majority testified that you would address the issues of citizens of Newnan in this case, and for leader and minority leader to work military pay and retirement in your fiscal people all over America in the future. with the Appropriations Committee. year 2000 budget. As you and the Chiefs testi- We were unable to finish the bills f fied, there are a number of programs that within the normal timeframe this year. combine to make up Quality of Life for our RECESS We had an extremely difficult cal- military personnel and their families, in- The PRESIDING OFFICER. The endar because of the fact that Labor cluding pay, retirement, housing, health Chair, in his capacity as a Senator Day—the first Monday was the 7th of care, personnel tempo and morale and recre- September. We then had the Jewish ation programs and facilities. We believe from the State of Montana, seeing no that recommendations included in your other Senators desiring to speak, asks holidays which we were in recess for. budget request for the areas indicated above unanimous consent that the Senate We were just unable to finish in time. must be fully supported by careful analyses stand in recess until 1:30 p.m. this We had to get first one and then an- justifying the costs and providing assurance afternoon. other and then another and now an- of measurable increases in recruiting, reten- There being no objection, at 10:24 other continuing resolution in order to tion and military readiness. a.m., the Senate recessed until 1:29 try and finish our work. I deeply regret We look forward to reviewing your rec- p.m.; whereupon, the Senate reassem- the process that we are going through ommendations in the FY 2000 budget request. Sincerely, bled when called to order by the Pre- now. CARL LEVIN, siding Officer (Mr. BURNS). It is my task to present to the Sen- Ranking Member. The PRESIDING OFFICER. The ate, I think, the largest appropriations STROM THURMOND, Chair recognizes the Senator from bill in a decade. Mr. President, it con- Chairman. Alaska. tains a grand total of $486.8 billion in

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12697 appropriations. The regular appropria- Division D is the Drug Demand Re- ing for medical research at the Na- tions bills are a total of $203 billion; duction Act. tional Institutes of Health by $2 bil- the balance are in the supplemental Division E covers methamphetamine lion, and fully funds the Low Income and emergency appropriations. trafficking. It is another drug bill. Home Energy Assistance Program, It has been a very difficult process to Division F covers the marijuana for LIHEAP. Increases were provided for go through. We have had a series of medical purposes. child care block grants, special edu- meetings with representatives of the Division G is the State Department cation, and to reduce class size. President and with our leaders. I thank reauthorization bill. The Transportation portion of the the distinguished chairman of the Division H is the new provisions con- bill contains the highest limitation in House committee, Congressman LIV- cerning Sallie Mae. history on obligations in the highway INGSTON, and his colleague, the ranking Division I covers the chemical weap- trust fund—$4 billion above last year’s member there, Congressman OBEY, as ons convention. level. Adequate funds for the Coast well as my colleague and great friend Division J covers tax extenders and Guard and the Federal Aviation Ad- here in the Senate, the Senator from home health care provisions. ministration and our mass transpor- West Virginia, Senator BYRD. Division K contains pay-as-you-go tation programs are included. We have worked many long hours provisions to maintain the separation The Treasury-General Government now. And I really think our staffs de- of mandatory and discretionary spend- portion contains funding to increase serve a great deal of credit, because we ing as outlined in last year’s balanced drug control programs and improve worked a lot of long hours, but they budget agreement. IRS customer relations. worked through the night after we had Let me just take a few minutes of the Two bills already passed by the Con- worked long hours and were there Senate, Mr. President, to provide some gress and signed by the President were, again the next morning when we start- highlights of the bill under the Appro- in fact, reopened by the final negotia- ed our negotiations once again. priations Committee’s jurisdiction; tions and additional materials are These negotiations have gone on now that is divisions A and B. available for those bills. almost 3 weeks, and the product is the The total discretionary spending in Division A contains additional appro- bill that was filed in the House last division A is $206 billion. This includes priations under Energy and Water De- night. That bill, Mr. President, con- $2.8 billion in offsets. velopment, including funds for the Ten- tains 11 divisions. The agriculture portion of the con- nessee Valley Authority, and author- Division A contains 8 of the 13 annual ference includes the conference report ization to refinance its debts, and funds appropriations bills for the fiscal year on the agricultural appropriations bill for the Department of Energy’s energy 1999; for the Departments of Agri- that was vetoed by the President with supply programs. culture, Commerce-Justice-State, the some modifications. It contains an ad- The VA-HUD bill is also augmented District of Columbia, Foreign Oper- ditional $1.64 billion in emergency crop by additional spending for urban em- ations, Interior, Labor, Health and and market loss assistance for farmers powerment zones, the Boston Harbor Human Services-Education, Transpor- and ranchers. This brings the total ag- cleanup, climate change, and the Cor- tation, and Treasury-General Govern- ricultural emergency assistance fund- poration for National and Community ment. ing for this year to $5.9 billion. Service. This division also contains the emer- There are also increases for food safe- As I said, division B contains the gency agricultural assistance package ty and rural empowerment zones and emergency supplemental spending in and supplemental appropriations under enterprise communities. The Com- the omnibus bill, with the exception of Energy and Water Development and merce-State-Justice portion of this bill agriculture assistance, which is in divi- VA–HUD. It also contains the spending contains funding through June 15. It sion A. offsets that were presented to us by the supports crime fighting and antidrug The total discretionary spending in administration. activities, counterterrorism, and bor- I might state that those were division B is $14.9 billion. It includes der patrols. checked out by our Budget Committees $6.8 billion to improve military readi- The Census Bureau will receive the and by the Congressional Budget Of- ness and to fund ongoing overseas con- funding it needs to continue to prepare fice. We believe that we are under the tingency operations such as Bosnia. caps as were set by the budget agree- for the decennial census. The National Mr. President, $2.4 billion is included ment with the President. Oceanic and Atmospheric Administra- to protect our embassies around the The division B contains emergency tion, National Weather Service, and world and to fund our continuing fight appropriations for military readiness Science programs are, in my judgment, against terrorism worldwide. And $3.4 and overseas contingency operations, adequately funded. The State Depart- billion is provided to address the Y2K storm damage to defense facilities, ment would receive funds for inter- problem—the year 2000 problem— antiterrorism, the year 2000 conver- national programs and U.N. arrearages throughout the Federal Government as sions—the so-called Y2K problem—and subject to authorization. a whole. This is provided in emergency counterdrug activities. The District of Columbia provisions appropriations subject to the Presi- Divisions C through K are various au- would largely ratify the District’s own dent’s approval. thorizing measures that were added to consensus budget and continue ongoing Mr. President, $700 million is in- the bill. I hasten to point out that management reforms. cluded for a package of counterdrug ac- while many of them come from author- The Foreign Operations portion con- tivities. Another $1.5 billion is provided ization committees, it is the Appro- tains funding for export promotion and to address the damage caused by Hurri- priations Committees that must put economic aid, as well as the funding for cane Georges and Hurricane Bonnie. our names on these bills as they are the International Monetary Fund, IMF, Mr. President, as I indicated, this is presented to the House and Senate. We with conditions for reform. I might a very complicated bill. have done our very best to check say, I am personally very gratified that Mr. President, I want to take a mo- through these bills. And I might state this is finally being sent to the Presi- ment to talk about two of the provi- that our staffs have read them through dent for approval. sions that are in the bill that are legis- not just once but twice to make cer- The Department of the Interior lative items. They were bills that I pre- tain that each one of them is as it was would receive increases for park oper- sented to the Senate. One is the Amer- represented to us as these measures ations and much-needed maintenance, ican Fisheries Act. It is a culmination were brought to us. funding for the Everglades restoration of the negotiations that were under- Division C is in fact a potpourri of effort, and other public land needs. taken with my colleagues from the measures, including the FAA reauthor- Full funding for many cultural and his- State of Washington after I had intro- ization extension, post office namings, torical preservation programs are also duced Senate bill 1221. the Olympic and Amateur Sports Act included in that portion of the bill. We reached the agreement to include amendments, Internet legislation, the The Labor, Health and Human Serv- this American Fisheries Act in the leg- American Fisheries Act, Persian Gulf ices, and Education bill provides funds islation that is being considered. It is veterans health, and others. for worker assistance, increases fund- title II of division C of the bill. This

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12698 CONGRESSIONAL RECORD — SENATE October 20, 1998 act will not only complete the process of September 25, 1997; and, third, to Congress can fix. The North Pacific begun in 1976 to give the U.S. interests prohibit the entry of any new fishing Council does not have the authority to a priority in the harvest of U.S. fishery vessels above 165 feet, 750 tons, or with turn back the clock by removing fish- resources, but will also significantly engines producing greater than 3,000 ery endorsements, to provide the funds decapitalized the Bering Sea pollock horsepower in the North Pacific fish- required under the Federal Credit Re- fishery. eries fleet. form Act to allow for the $75 million The 1976 act was, in fact, the Magnu- I am pleased to report that the pack- loan to remove the overcapacity in the son Act, that extended our jurisdiction age we are submitting to the Senate area, and to strengthen the U.S.-con- to the 200-mile limit. The Bering Sea today accomplishes all three of these trol requirements for fishing vessels, to pollock fishery is the largest, and its main objectives of S. 1221 as intro- restrict Federal loans on large fishing present state of overcapacity is the re- duced. I thank Senator GORTON and his vessels, and to do many other things sult of mistakes in, and misinterpreta- colleague from Washington, Senator we have agreed to do in this legisla- tions of, the 1987 Commercial Fishing MURRAY, for their efforts, particularly tion. Industry Vessel Anti-Reflagging Act, Senator GORTON for his tremendous ef- While S. 1221 as introduced was more which is generally known as the Anti- fort in finally reaching an agreement modest in scope, I believe the measures Reflagging Act. on this bill. For almost a decade now, in this agreement are fully justified as In 1986, as the last of the foreign-flag he and I have had various disagree- a one-time corrective measure for the fishing vessels in the U.S. fleet were ments on the Bering Sea pollock fish- negative effects of the Anti-Reflagging being replaced by U.S.-flag vessels, we ery and issues related to the Anti-Flag- Act that I have mentioned before. discovered that Federal law did not ging Act. There is also in this bill the Olympic prevent U.S.-flag vessels from being en- At the Commerce Committee hearing and Amateur Sports Act Amendments tirely owned by foreign interests. We in March of this year, and later at an of 1998. This legislation includes that also discovered that Federal law did Appropriations Committee markup in bill, a bill that Senator CAMPBELL not require U.S. fishing vessels to July, Senator GORTON plainly ex- joined me in cosponsoring to update carry U.S. crew members, and that pressed his concerns with my bill, S. the Federal charter for the U.S. Olym- U.S. fishing vessels could essentially be 1221. In August, he spent considerable pic Committee and the framework for built in foreign shipyards under the ex- time with representatives from the Olympic and amateur sports in the isting regulatory definition of the word Bering Sea pollock fishery and by sheer United States. This framework is ‘‘rebuild.’’ will managed to develop a framework known as the Amateur Sports Act be- The goals of the 1987 Anti-Reflagging upon which we could agree. After he cause most of its provisions were added Act were to, one, require the U.S. con- presented the framework to me, we by the Amateur Sports Act of 1978. trol of fishing vessels that fly the U.S. convened meetings of fishery rep- The act gives the U.S. Olympic Com- flag; two, stop the foreign construction resentatives in September that lit- mittee certain trademark protections of the U.S.-flag vessels under the ‘‘re- erally went around the clock for 5 to raise money—and does not provide reappropriations—therefore, it does not build’’ loophole; and, three, to require days. Those meetings included Bering come up for routine reauthorization. the U.S.-flag fishing vessels to carry Sea pollock fishery industry represent- The Amateur Sports Act has not been atives, industry representatives from U.S. crews. Of these three goals, only amended since its comprehensive revi- the U.S. crew requirement was other North Pacific fisheries, the State sion in 1978 which provided the founda- achieved by the 1987 act. of Alaska, North Pacific council mem- tion for the modern Olympic move- The Anti-Reflagging Act did not stop bers, National Marine Fisheries, the ment in the United States. The bill we foreign interests from owning and con- Coast Guard, the Maritime Administra- are considering does not fundamentally trolling U.S.-flag fishing vessels. About tion, environmental representatives change that act. Our review showed us 30,000 of the 33,000 existing U.S.-flag and staff for various Members of Con- it is fundamentally sound. fishing vessels are not subject to any gress and the Senate and House com- We believe the modest changes that U.S. controlling interest requirement. mittees that have jurisdiction over we ask the Senate and the Congress to The Anti-Reflagging Act also failed this. make will ensure that the act serves to stop the massive foreign rebuilding At the end of those meetings, a con- the United States well into the 21st programs between 1987 and 1990 that sensus had been achieved among Bering century. The significant changes which brought almost 20 of the largest fishing Sea fishing representatives on an have occurred in the world of Olympic vessels ever built in the world into our agreement to reduce capacity in the and amateur sports since 1978 warrant fisheries as ‘‘rebuilt’’ vessels. Bering Sea pollock fishery. For the what I call fine-tuning of this act. Today, half of the Nation’s largest next 3 weeks, we drafted legislation. Some of the developments of the past fishery—which is the Bering Sea pol- We have spent considerable time with 20 years include, first, that the sched- lock—continues to be harvested by for- the fishing industry from other fish- ule for the Olympics and Winter Olym- eign interests on foreign-built vessels eries that were concerned about the pics has been alternated so games are that are not subject to any U.S.-con- possible impacts of the changes in the held every 2 years instead of every 4— trolling interest standard. Bering Sea pollock fishery upon their significantly increasing the workload On September 25, 1997, I introduced areas in offshore fisheries. of the U.S. Olympic Committee; sec- the American Fisheries Act, S. 1221, to The legislation we are passing today ond, that sports have begun to allow try to fix these mistakes. Senators includes many safeguards for those professional athletes to compete in from almost every fishing region of the other fisheries and for the participants some Olympic events; third, that even country joined me in supporting that in those fisheries. By delaying imple- sports still considered ‘‘amateur’’ have effort, including Senators BREAUX, mentation of some of the measures athletes who with greater financial op- HOLLINGS, GREGG, WYDEN and MUR- until January 1, 2000, it also provides portunities and professional respon- KOWSKI. the North Pacific Council and the Sec- sibilities now compete more than we As introduced, the bill had three pri- retary of Commerce with sufficient ever considered in 1978; four, that the mary objectives: requiring the owners time to develop safeguards for those Paralympics—the Olympics for dis- of all U.S.-flag fishing vessels to com- other fisheries. abled amateur athletes—have grown ply with a 75-percent U.S.-controlling This legislation is unprecedented in significantly in size and prestige. interest standard, similar to the stand- the 23 years since the enactment of These and other changes led me to ard for other commercial U.S.-flag ves- what is now known as the Magnuson- call for a comprehensive review of the sels that operate in U.S. waters; two, Stevens Act. With the council system, Amateur Sports Act in 1994. to remove from U.S. fisheries at least congressional action of this type is not The Commerce Committee has held one-half of the foreign-built factory needed in Federal fisheries anymore. three hearings since then. trawlers that entered the fisheries However, the mistakes in the Anti-Re- At the first and second—on August through the Anti-Reflagging Act for- flagging Act and the way it was inter- 11, 1994 and October 18, 1995—witnesses eign rebuild grandfather loophole and preted created unique problems in the identified where the Amateur Sports that continued to be foreign-owned as Bering Sea pollock fishery that only Act was showing signs of strain.

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12699 We postponed our work until after There being no objection, the mate- (16) Requires special report to Congress at the 1996 Summer Olympics in Atlanta, rial was ordered to be printed in the end of five years on implementation of the but on April 21, 1997, held a third hear- RECORD, as follows: provisions and any additional changes USOC thinks needed to Act. ing at the Olympic Training Center in THE OLYMPIC AND AMATEUR SPORTS ACT Colorado Springs to discuss solutions AMENDMENTS OF 1998 Mr. STEVENS. Mr. President, let me to the problems which had been identi- (1) Incorporates Paralympics into Amateur mention one final section in the bill. fied. Sports Act; clearly reflects equal status be- We have had a lot of contention in con- By January 1998, we’d refined the tween able-bodied and disabled athletes; con- ferences over the small fishing village proposals into possible amendments to tinues original focus of Act to integrate dis- of King Cove, which lies at the tip of the Amateur Sports Act, which we dis- abled sports with able-bodied National Gov- erning Bodies (NGB’s), but allows USOC to the Alaskan peninsula, 625 miles south- cussed at length at an informal work- west of Anchorage. It is exposed to the ing session on January 26, 1998, in the recognize paralympic sports organizations if integration does not serve best interest or if Pacific Ocean and the Bering Sea, and Commerce Committee hearing room. NGB objects to integration; officially recog- this community is often ravaged by 80- The bill that Senator CAMPBELL and I nizes U.S. Olympic Committee (USOC) as the mile-per-hour winds, or more, and by introduced in May reflected the com- national Paralympic committee. driving sea winds. This extreme weath- ments received in January, and ex- (2) Allows USOC to remove certain law- er often shuts down access into or out cluded proposals for which consensus suits against it to federal court. of King Cove for days at a time. appeared unachievable. (3) Statutorily requires the creation of an With the help of the U.S. Olympic Athletes’ Advisory Council and National In an effort to improve King Cove’s Committee, the Athletes Advisory Governing Bodies’ Council to advise the access to emergency medical facilities, USOC. I added language to the Interior appro- Council, the National Governing Bod- (4) Adds requirement that USOC Board be ies’ Council, numerous disabled sports 20 percent active athletes (USOC already priations bill that would grant a right- organizations, and many others, we does this, but original Act only required 20 of-way from King Cove to the giant air- continued to fine tune the bill until it percent on NGB Boards). port at Cold Bay. Mr. President, that was approved by the Commerce Com- (5) Gives USOC trademark protection for road would have gone through a por- mittee in July. the Pan-American Games, Paralympics, and tion of the old army military base that I will include a longer summary of symbols associated with each. is now known as Izembek Wildlife Ref- (6) Requires USOC to keep agent for serv- the bill for the RECORD, but will briefly ice of process only in CO, rather than all 50 uge. This 30-mile road would have pro- explain its primary components:: (1) States. vided the cheapest and most reliable The bill would change the title of the (7) Requires USOC to report to Congress means of access to my constituents underlying law to the ‘‘Olympic and only once every four years, instead of annu- who live at King Cove. Amateur Sports Act’’ to reflect that ally. However, the administration raised (8) Requires the USOC report to Congress more than strictly amateurs are in- environmental considerations regard- volved now, but without lessening the to include data on the participation of women, disabled individuals, and minorities. ing the wildlife refuge and refused to amateur and grass roots focus reflected (9) Protects the USOC against court in- accept the provision that would au- in the title of the 1978 Act; (2) the bill junction in selecting athletes to serve on the thorize the road. would add a number of measures to Olympic, Paralympic, or Pan-American strengthen the provisions which pro- teams within 21 days of those games if the After much discussion on a series of tect athletes’ rights to compete; (3) it USOC’s constitution and bylaws cannot pro- options being offered to us by the ad- would add measures to improve the vide a resolution before the games are to ministration, we have crafted a com- ability of the USOC to resolve dis- begin. promise that provides for the health (10) Requires USOC to hire an ombudsman putes—particularly close the Olympics, and safety of the Alaskan Native peo- for athletes nominated by the Athletes’ Ad- ple of King Cove and still protects the Paralympics, or Pan-American visory Council to provide advice to athletes Games—and reduce the legal costs and refuge, as it was indicated that the ad- about the Act, relevant constitution and by- ministration believed that was its administrative burdens of the USOC; laws of the USOC and NGBs, rules of inter- (4) it would add measures to fully in- national sports federations and IOC/IPC, and highest priority. corporate the Paralympics into the to assist in mediating certain disputes in- This provision now provides King Amateur Sports Act, and update the volving the opportunity to an amateur ath- Cove Natives with the money to build a existing provisions affecting disabled lete to compete. road from King Cove to a small lagoon (11) Allows USOC/NGBs not to send to the some 20 miles away. There they will athletes; (5) it would improve the noti- Olympics, Pan-American Games, or fication requirements when an NGB Paralympics athletes who have not met the build a dock and use a small vessel to has been put on probation or is being eligibility criteria of the USOC and appro- cross over the lagoon to property that challenged; (6) it would increase the re- priate NGB, even if not sending those ath- they own adjacent to the runway at porting requirements of the USOC and letes will result in an incomplete team. Cold Bay. The provision also provides NGB with respect to sports opportuni- (12) Requires improved notification and funding to improve the airstrip at King ties for women, minorities, and dis- hearing requirements by USOC when an NGB Cove and for improvements to the is being challenged to be replaced or put on health clinic at King Cove; namely, to abled individuals; and (7) it would re- probation. quire the USOC to report back to Con- (13) Clarifies that NGBs must agree to sub- put in state-of-the-art medical facili- gress in 5 years with any additional mit to binding arbitration at request of ath- ties and telemedicine capability there changes that maybe needed to the act. letes under the Commercial Rules of the to protect our people until these trans- Mr. President, I am the only Senator American Arbitration Association (as in ex- portation facilities are constructed. from President Ford’s Commission on isting USOC constitution and bylaws), but Mr. President, I will have other com- gives USOC authority to alter the rules with Amateur Sports who is still serving. ments to make about this bill later. I It has therefore been very helpful to the concurrence of the Athletes’ Advisory Council and National Governing Bodies have taken too long already. have Senator CAMPBELL—an Olympian Council, or by a 2⁄3’s vote of the USOC Board Mr. BYRD. Mr. President, we are himself in 1964—involved in this proc- of Directors. ess. He is a good friend. about to take up the conference report (14) Allows NGBs to establish criteria on a on the so-called omnibus appropriation Over my objection, he attempted to sport-by-sport basis for the ‘‘active athletes’’ have this package named after me—an that must comprise at least 20 percent of measure, which contains funding for honor that I have declined. their boards of directors and such other gov- Fiscal Year 1999 for the departments There are many others who deserve erning boards; the USOC, AAC, and NGB and agencies under the jurisdiction of recognition for their work to bring Council would set guidelines, but an NGB eight Appropriations Subcommittees: about the 1978 Act, and that continues would have authority to seek exceptions to Agriculture, Commerce/Justice/State/ to be the case. Specifically, I refer to the guidelines from the USOC. The Judiciary, the District of Colum- (15) Requires NGBs to disseminate and dis- bia, Foreign Operations, Interior, my friend from Colorado, who has done tribute to athletes, coaches, trainers, etc., a tremendous amount of work on this. all applicable rules and any changes of the Labor/Health and Human Services and I ask unanimous consent that my NGB, USOC, international sports federation, Education, Transportation, and Treas- summary of the bill be printed in the IOC, International Paralympic Committee ury and General Government. In addi- RECORD. and Pan-American Sports Organization. tion, this omnibus package contains

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12700 CONGRESSIONAL RECORD — SENATE October 20, 1998 some $20 billion, which has been des- bus bill again. Last year, Chairman of Representatives, but that the Senate ignated as an emergency, in a supple- STEVENS and his counterpart, the dis- may propose amendments to revenue- mental package for such things as: ag- tinguished chairman of the House Ap- raising bills, as on all other measures, riculture disaster assistance—$6 bil- propriations Committee, Representa- as on all other legislation. The Con- lion; defense, including military readi- tive LIVINGSTON, with the support of stitution didn’t foresee this kind of a ness, $6.8 billion; hardening of embas- the ranking members on each of the monstrosity—eight appropriations bills sies and other security matters—$2 bil- subcommittees, were able to complete wrapped into one conference report, lion; Y2K—$3.25 billion, of which $1.1 action on all 13 appropriation bills one tax bill, and a supplemental appro- billion is for the Department of De- without the need for omnibus legisla- priation bill—right? Right. Eight. fense; war on drugs—$690 million; and tion. That was last year, and that is What a monstrosity, what a gar- various disaster assistance programs, the way the process ought to work gantuan monstrosity! such as FEMA, Community Develop- every year. Do I know what is in the measure? ment Block Grants, and other pro- It is very, very costly to the U.S. tax- Are we kidding? No. I don’t know what grams which aid those who have suf- payers to have to govern through a se- is in this measure. I know a few things fered from natural disasters in the past ries of continuing resolutions. Depart- that are in it, but only God knows ev- months, such as Hurricane Georges— ments and agencies have to curtail erything that is in this monstrosity. $1.4 billion. Also included are a sub- their operations and alter their plans Only God knows what is in this con- stantial number of legislative riders in many cases because they are not ference report. And very few people, that have been recommended by var- certain as to what their appropriation relatively speaking, are on speaking ious members of the House and Senate will be for the full fiscal year. We have terms with Him. and have been approved by not only the now had five continuing resolutions in Nobody in this Government—not one Appropriations Committees but also relation to the fiscal year 1999 appro- person in this Government—under- the joint leadership and the adminis- priation bills. Five continuing resolu- stands every jot and tittle that are in tration. As if that were not enough, tions! this measure; not one. this conference report also includes a As Members are aware, we have only We have no opportunity to amend it. $9.2 billion tax package. enacted into law three fiscal year 1999 In other words, the representatives of This omnibus conference report is regular appropriation bills—defense, the people are being denied by the rules massive. It numbers thousands of military construction and energy and the opportunity to offer an amendment pages. I haven’t seen it yet, but that is water. Furthermore, the Senate never on behalf of one’s constituencies. No what I am told. It provides funding to- took up the District of Columbia, or Senator can offer any amendments to taling nearly $500 billion, or close to the Labor-HHS appropriation bills, and this conference report. And, yet, we one-third of the entire Federal budget. although it was taken up on the Senate have seen in the last several days daily If you don’t think that is a lot of floor, action was never completed on press conferences where both sides— money—$500 billion—that is $500 for the Interior appropriation bill. Yet, both sides, out in the Rose Garden they every minute since Jesus Christ was here we are today faced with having to appeared, and out here somewhere near born. Let me say that again. That $500 vote not only on those three appropria- the Capitol—both sides were patting billion is $500 for every 60 seconds since tions bills, but also on five more in this themselves on the backs, patting each Jesus Christ was born. It is virtually conference report, plus many author- other on the backs, and congratulating beyond comprehension when we talk ization measures and a tax bill. themselves and each other. For what? about funding of that size. Webster’s The process that has brought us to For finally putting together a massive Dictionary does not contain words this point is deplorable. It is mani- gargantuan monstrosity referred to as enough to allow me to appropriately festly preposterous in that no Member ‘‘the conference report’’ containing the express my disappointment and my re- of the House or Senate could possibly bills that we should have passed long gret that we have reached the point we know, much less understand, all of the months ago. have, to present this colossal mon- provisions that are contained in this We put off acting on these bills for strosity to the United States Senate. conference report. It is absolutely inex- months, and then, finally, when we get All too often in recent years, we have cusable. It ranks, as far as the legisla- beyond the beginning of the new fiscal faced similar situations where Con- tive lexicon is concerned, with the year, we finally bring in a massive gress has failed to enact its 13 separate unpardonable sin in the spiritual piece of legislation. We don’t know annual appropriation bills in a timely realm—the unpardonable sin. It is ab- what is in it. Nobody in here knows ev- manner and, in many cases, we have solutely unpardonable for Members of erything that is in it. Certain Members failed to enact them at all, except in an the Senate and the House to put them- know certain things about it. And then omnibus package. Just 2 years ago, selves into this kind of situation. It we pat ourselves on the back. What a under the chairmanship in the Senate should be difficult for every one of us great victory—it was proclaimed down of the distinguished Senator from Or- to face the voters of this country. If in the Rose Garden—what a victory for egon, Mr. Hatfield, the Senate was the voters really understood what we the American people! What a shame. placed in a similar position. It wasn’t are doing here, they would probably Webster wouldn’t define that as a vic- Mr. Hatfield’s fault, but the Senate was feel like voting us all out of office. tory. placed in a similar position of having Thank God, only one-third of the Sen- I was invited to go down to the White to vote on an omnibus appropriation ators have to go before the voters each House. I didn’t go. I didn’t consider bill that contained six of the annual 2 years. By failing to enact our regular that a victory. I am not going to be a appropriation bills in one conference appropriation bills on time, we have prop, a backup prop, for that kind of report. brought this situation upon ourselves. victory. Why is it a victory? Several Then, as today, Members were asked There is nobody here but us; there is months late we all gather in the Rose to vote on those appropriation bills in nobody to blame but us. We are to Garden and pat ourselves on the back their entirety, plus hundreds of other blame for this. We brought this situa- for having finally gotten around to provisions, sight unseen, a pig in a tion on ourselves. doing the work that we should have poke, without satisfactory opportuni- Senators are being asked to vote on done months ago? Is that a victory? ties to understand those provisions and this massive piece of legislation that Mr. President, although I strenu- virtually without opportunity to provides funding of nearly one-half ously object to the process, I will vote amend the omnibus bill. trillion dollars—approximately one- for this monstrous measure in the form In 1996, I joined Chairman Hatfield third of the entire Federal budget— of a conference report for the same rea- and our present chairman, Senator without an adequate opportunity to son that many other Senators will vote STEVENS, in expressing my regret that consider it or amend it. Senators can- for it—and that is to keep the Govern- the Senate was put into that difficult not amend this conference report—in ment running. position. Senator STEVENS indicated spite of the Constitution, which says, All that I have said is not to say that that he hoped the Senate would never with reference to revenue-raising bills, this huge legislation does not have have to appropriate by way of an omni- that they shall originate in the House some good things in it. There are some

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12701 good things in it that we know about— The House passed one. But they never under the Constitution, the executive good things for the Nation—and we do got together in conference, so Congress branch were legislators. So we have in- have to pass appropriations bills to never passed a budget resolution this vited the executive branch to be co- keep the Government running. If Con- year. authors of this giant, hybrid measure gress does nothing else in an entire I believe that this is probably the in the form of a conference report. It year, it must pass appropriations meas- first time since 1974, when we enacted contains both legislation and appro- ures to keep the Government running. the Congressional Budget Act, that we priations bills about which most Mem- But it is not a vote which I relish cast- have gone ahead and written appropria- bers of Congress, especially on this side ing. tions bills without the discipline of a of the aisle, know very little. I would be less than honest if I did budget resolution. Why do I say ‘‘especially on this side not state here and now that I do not It is rather like writing checks when of the aisle’’ we know very little about know—as I have stated already—a you have no idea how much money is it? I will tell you why. We had two or great deal about what is in this legisla- in your bank account. No sane, respon- three levels of conferences going on, all tion. In that, I am not alone. This con- sible citizen would do that. But that is at the same time. The appropriators, ference report is a creation, without a what we have done with the Federal Senator STEVENS, Representative LIV- mother or a father—rather more like a budget in this unfortunate year. We INGSTON, the chairmen of the two ap- Frankenstein creature, a being of some have prostituted the legislative proc- propriations committees, respectively, sort that has been patched together ess. We have prostituted the appropria- and Mr. OBEY of the other body and I, from old legislative body parts that do tions process. Aha, what a victory! as ranking members of the two appro- not quite fit. And just as Dr. Franken- But the worst part about this year- priations committees, met. We met all stein was quite surprised by the results end charade we so often play with ap- day Saturday; we met all day on the of his creation, so may we be startled propriations bills, and especially this Sabbath; we met all day Monday, Co- by the result of ours. year’s belly dance with the White lumbus Day, and we hammered out So we all gather down in the Rose House, is the way that we have flaunt- item after item after item. On the Garden to proclaim what a victory this ed the Constitution—flaunted the Con- other side of the table were the execu- Frankenstein monster is for the Amer- stitution! tive branch people. Can you imagine ican people! Hail, hail the victory for Mr. President, I do not like to be te- that. We invited them by our having the American people. dious about these things, but the Con- delayed action on the appropriations Hastily drafted legislation, as Sen- stitution is not a rough draft. bills. ators in this body well know, often has Article I, Section 1, of the U.S. Con- Then on another level there was strange and unintended consequences. I stitution says: Speaker GINGRICH and the majority don’t fault the chairman of the Appro- All legislative Powers herein granted shall leader of the Senate, Mr. LOTT, both priations Committee. Senator STEVENS be vested in a Congress of the United States, Republicans, a great political party—I and the Appropriations Committee which shall consist of a Senate and House of have nothing against that; I have noth- worked hard and reported the appro- Representatives. ing against those two men, but there priations bills. We could long ago have Earlier this year, I filed an amicus was the majority, the Speaker of the acted upon these bills in the Senate brief before the Supreme Court of the House, and the majority leader of the and sent them down to the White United States along with Senators Senate. Where were the Democratic House. We could have long ago done it. MOYNIHAN and LEVIN with the aim of legislators at that level? There weren’t The Appropriations Committee didn’t bringing down a gross aberration of the any. No Democrats from the Senate or hold up the bills. I fault the entire Con- framers’ intent called the line-item House were there to represent the mi- gress for repeatedly failing to do its veto. nority in those negotiations. work, and for bringing us to the brink One of the major agreements made in Who represented the minority? The all too often. support of our case against the line- executive branch—the executive Thirteen appropriations bills, Mr. item veto was that the President is not branch represented the minority in the President, and several supplemental empowered to legislate, and the Su- Senate and House because the minority bills comprise the sum total of what preme Court upheld that. The Presi- in the Senate and House wasn’t at the this Congress actually has to accom- dent is supposed to faithfully execute table. We weren’t at the table. The mi- plish each year. Those 13 bills, and any the law, not write it. And so we argued nority in the Congress had been supplementals which may be needed, that when the President can com- blacked out of the picture because our make up our basic work requirement pletely alter an appropriations bill by seat at the legislating table was occu- each year before we can go home. Yet, lining out portions of it, by repealing pied, by whom? By the President’s how often we have to cobble together it, by canceling it, canceling portions men. I don’t think the President at- continuing resolutions or horrific om- of it, thus creating an entirely dif- tended any of the meetings. But he was nibus bills like this one because we will ferent bill—one that has never passed represented. He had his representatives not do our work in a timely way. Out either House of Congress—he, the from the White House at the table. there in the real world when you don’t President, has become not just a legis- On one side of the table were the rep- do your work you are fired. On the real lator but a superlegislator. The Court resentatives of the President; on the job site, colleagues, we would be gone! agreed. God save the Supreme Court of other side of the table were the Speak- We would have been gone, out there on the United States! The Court agreed. er and the majority leader of the Sen- the real job site! That is us, the delay- They wisely struck down this unwise ate representing the majority. We in ers. and dangerous statute. the minority in the Senate and in the What results when we get to the end But now look, just look now at what House were not at that table. If of a session and go through these ag- we have done. Look at what we have Banquo’s ghost would have appeared onies is Government at its worst. done now to the framers’ handiwork at there, I wouldn’t have seen him. Someone said that making legislation the close of the 105th Congress. We in- I deplore this process. We have run was like making sausage. Don’t kid vited—we, the Congress invited—the roughshod over the Constitution of the yourselves. I have made sausage. It is executive branch to legislate. We said, United States of America. Through nothing like making this piece of ‘‘We can’t do it. You come on in.’’ We this process, we have, in effect, cir- goods. I have made sausage. I can tell invited them to legislate. Shame, cumvented the supreme law of the land you that what we did this year in gob- shame on us! We eagerly offered the ex- because we have circumvented the Con- bling together this appropriations con- ecutive branch a seat at the legislative stitution, Section 9 of Article I and ference report is significantly more table. They are, in fact, in every way Section 1 of Article I. sloppy, more messy than making sau- co-architects of this giant piece of leg- We have blurred and we have blended sage. islation. the very clear lines of the separation of Congress did not even pass a budget We have allowed—not only allowed, powers set out in our national charter, resolution this year. How about that. we have invited—this White House to and instead we have cooked up this un- The Senate passed a budget resolution. participate in this process, just as if, savory soup which will be force fed to

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12702 CONGRESSIONAL RECORD — SENATE October 20, 1998 the American people in order to avoid ought to appropriate. We ought to pass Yet, we are asked to vote on this pack- a completely avoidable, but for par- the bills. We ought to be able to have age, up or down, no amendments, with tisan games, Government shutdown. them called up here, be able to offer a couple of hours of debate. Take it or This time there is no Supreme Court to amendments on both sides of the leave it. save us from ourselves. We are quite aisle—and on another day I will talk Mr. President, that is irresponsible. randomly doing violence to the Con- about that part of the process that is That is irresponsible. We cannot forget stitution, and justifying it because of partly to blame for this situation we that the American people are watch- political expediency. Not only are we are in. But we ought to send the Presi- ing. We have to take a step back from justifying it, we are claiming that it is dent the bills. Send them on time. If he all of this, from the swirl of negotia- the ‘‘second coming.’’ ‘‘Hallelujah, wants to veto them, fine; he has that tions and the deal-making—oh, yes, what a victory for the American peo- right under the Constitution. And the there has been a lot of deal-making— ple. Come one, come all. Come down to Senate and the House can try to over- and remember who pays the bills. the Rose Garden! Hallelujah, what a ride if they can. If they cannot, then Whose money is it? We seem to forget great victory for the American peo- they just cannot. But we ought not, whose money we are dealing with. We ple!’’ ought not be a party to inviting the ex- talk about a billion here, and a billion What a shame! Call that a victory! ecutive branch to participate in legis- there—$100 billion. Now we are up to I extend my thanks to the distin- lating appropriations bills and then over $500 billion in this bill. This guished chairman of the Senate Appro- gather on the White House lawn and money comes from the pockets of the priations Committee, Mr. STEVENS. He here at the Capitol to proclaim that it American taxpayer. It is their money. has worked hard. He has done a mas- It is not the Congress’ money. And terful job in bringing the bills to the is a victory for the American people. Shame on us! they are watching. The American tax- floor. He has worked zealously, assidu- Mr. President, I ask unanimous con- payers are watching. They are watch- ously, and effectively. I have never sent that 15 minutes of my time be re- ing how we spend their hard-earned seen a finer chairman of the Appropria- served for Mr. DORGAN. money. tions Committee. I take my hat off to The PRESIDING OFFICER (Mr. ROB- We don’t have very good answers, him. And I do the same with respect to ERTS). Without objection, it is so or- certainly not in this bill. None of us his counterpart in the House, Mr. LIV- dered. knows, or could possibly know every- INGSTON. I commend them both and I Mr. BYRD. Mr. President, I ask unan- thing that the money is going for—the thank them both for their hard work in imous consent that Mr. WELLSTONE taxpayers’ money is going for—in this bringing this measure to the floor have 15 minutes of time, later. bill, or how many millions of dollars under very difficult circumstances. The PRESIDING OFFICER. Without have been tucked away for special And I also commend the ranking mem- objection, it is so ordered. projects for individual Members thrown ber of the House Appropriations Com- Mr. STEVENS. I see the Senator in at the last minute behind the cur- mittee, Mr. OBEY. Moreover, I appre- from Nebraska here. I will yield him tain deals. Can anyone possibly believe ciate the tireless efforts of the sub- such time as he wishes on the bill. that this mindless process gives the committee chairmen and the ranking The PRESIDING OFFICER. The Sen- American people any confidence that members of the subcommittees. I ator from Nebraska is recognized. Congress knows what is going on, or thank the staffs that have been hard at Mr. HAGEL. Mr. President, I wish to Congress knows what it is doing, or work, far into the nights. Our staffs on thank my friend, the distinguished Congress knows or cares about how we both sides worked far into the nights chairman of the Senate Appropriations spend the taxpayers’ money? The to cobble together these webs, frag- Committee, for the time. I also wish to American people look at this process, ments, and pieces of legislation. Each acknowledge, with a great amount of and they turn away in disgust, as they chairman and ranking member, and should. respect, the work that he has done on their staffs, on a bipartisan basis, have I want to share with this body, Mr. the Omnibus appropriations bill. He worked many long hours and weekends President, a couple of comments from has done this work after being placed in order to complete this piece of legis- letters and e-mail I have received from in an almost impossible situation, lation. constituents in Nebraska in the last 48 While I do sincerely appreciate all being placed in a situation not of his hours. their efforts, I hope that they will join making. Nonetheless, the quality of his This one comes from Mr. Lee me in my belief that this has to stop. effort and leadership is recognized in Hamann of Elkhorn, NE. He writes: How long, how long are we going to this Capitol, as it has been for many Absolutely incredible. The 100,000-teacher have to deprive our constituents of the years. I, too, wish to recognize that. item is another hoax, just like the 100,000-po- opportunity of having their Represent- With that said, I rise today to oppose lice-officer scam a few years ago—that the atives offer amendments to legislation the omnibus appropriations bill. In my Congress and President Clinton pulled on America. Where do the local governmental on the Senate floor? I will never vote opinion, this bill is the irresponsible product of a dishonest process. It is bodies get the money to continue to pay for another such monstrosity as long these new positions after the Federal money as I am privileged to hold this office. wrong for America, and I will vote runs out? And who says we need 100,000 new And I hope I never see another such against it. teachers? monstrosity. I will never again support For the first time in a generation, Who invented that number? this Congress balanced the Federal such a convolution of the legislative One of the biggest problems in funding edu- process as the one we have seen this budget. We had a chance to deliver—de- cation is that the majority of the money is year. And I hope that others will agree liver real tax relief for the second year not being spent on teachers; it’s going to ad- that this process is just as silly and as in a row. Instead, we began to drift ministration. Compliance with Federal man- sad and as ridiculous and as disgraceful early this year by failing to pass an an- dates [and regulations] and a whole host of nual budget resolution—the first year other politically correct nonsense that has as I think it is. I hope they will join me nothing to do with teaching our children and in an effort to prevent it in the future. without a budget resolution since the Budget Act became law in 1974. Now we maintaining good discipline in schools. If I again thank the chairman of the Congress wants to do something positive for committee. I am sure that he does not have this unaccountable bill that gives education, then give us a realistic school think any more of this process than I away much of our hard-fought budget voucher system and allow parents to deduct do. Under the Constitution, the legisla- success. tuition to private schools [church or sec- tive branch is to appropriate. The leg- It is humanly impossible for any of ular]. islative branch has control over the us in this Congress to know all that is This comes from a constituent, a tax- purse, and the legislative branch in this bill. Some parts were still payer. should never so conduct itself as to es- changing as recently as yesterday, and Another one from Mr. Michael J. sentially invite the executive branch to the full text of the bill was not avail- Snyder from Edison, NE. He writes: participate in the writing of appropria- able even to most U.S. Senators until I would like to have seen a tax cut for the tions bills. almost noon today. It will take months family. Not everybody in Nebraska farms. The President has his right under the for us to study the more than 3,000 Not everybody is going to get some of Constitution to veto a bill, but I say we pages of text and learn what is in it. the extra money.

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12703 There are some of us who would like to see the Senate said we weren’t—but yet that pack hundreds of billions of dol- a cut in our income tax so that we would be this is now put in this bill. We are al- lars worth of spending into one bill. . . able to keep more of our own money to use lowing this administration to get away .’’ for our own purposes. I think we can find with it. How did something like this In his very memorable State of the better ways to use it than the Federal Gov- Union Address, he stacked 3,296 pages ernment. get into this bill? Of course, this bill also includes of budget bills weighing 43 pounds at Another one from David Begley from much that is good, much that I support the podium in the House of Representa- Omaha, NE. He says: and fought for, along with Chairman tives and implored Congress, ‘‘Let’s Why do all the appropriations bills get STEVENS and others. I worked hard, change all this.’’ done at the last minute and then the Presi- like many of us, to win full funding and President Reagan called on Congress dent threatens to shut down the Government to pass spending bills the right way— and blame the Republicans? reforms for the International Monetary Who is in charge back there? Fund. the right way—one at a time, and he Good question. I strongly support the agricultural pledged to veto any future continuing Mr. President, I understand very well relief provisions and many provisions resolutions. For 8 years, from 1988 that our democracy requires com- of this bill. But we should have the through 1996, Congress did its work, as promise. There is much room for hon- guts to stand up and say these and it should, as the American people ex- orable give and take in negotiations— other important programs are prior- pected, and passed individual appro- honest, open, honorable negotiations. I ities. And we should have the courage— priations bills in full and open debate. am well aware that our negotiators had we should have the courage—to tell the Then Congress started slipping into to face a President who pushed again American public how we are going to an old pattern. The omnibus bill that year, in 1996, rolled six of the 13 annual and again and again for irresponsible pay for it. We shouldn’t use budget appropriations bills into one. This year new spending programs. I did not ex- gimmicks to hide what we have spent. is worse, one of the worst ever, includ- pect this bill to be absolutely pure and This bill includes a full range of ing eight of the annual appropriations free from all blemishes. None of us did. spending by the Federal Government, bills, plus authorization bills, in this But there must be a limit. This bill and it should have been subject to the full range and full scrutiny of honest, omnibus appropriations bill. gave up too much. This bill busts the It is time for us to stand up before budget. This bill busts the budget by open debate. It should have been sub- ject to debate and amendment—the this old process takes new root. It is more than $20 billion. time once more to look at ourselves I don’t believe the Founding Fathers most powerful, the most powerful and and declare: Let’s change this. I will of this country ever intended for a few important tools available for the U.S. vote against this bill because I believe Senators to carry out their constitu- Members and staff to make more than it is wrong and the process is wrong. I tional responsibilities. But, instead, one-half of a trillion dollars worth of believe the right thing to do is to kill this bill is presented to us without op- arbitrary, closed-door decisions for the this bill and for Congress to keep work- portunity for amendment or oppor- rest of us, for America—almost one- ing for the rest of this year, if it takes tunity to really know what is in this third of the Federal budget—and then that, until we do this right. present them to all other Senators and bill. Over 3,000 pages make up this bill. I believe we should worry less about This ‘‘omnibus’’ bill also includes Representatives, men and women elect- the elections and polls and government several authorization bills—policy ed by the people of this country, by the by calculation and more about doing taxpayers, and then say take it or bills—that should have risen or fallen our jobs, the jobs the American people leave it, an up-or-down vote. No de- on their own merits, not by finding sent us here to do. But more impor- bate, no amendments. This process, Mr. their way into this unamendable tome. tantly, I believe we will all work President, is not worthy of the U.S. Congress should set new government hard—I will—to prevent this unac- Senate. policy when ideas are fully debated. countable process from ever happening Instead of cutting taxes, paying down Congress should set new government again. the national debt, or even ‘‘saving So- policies when ideas are amended and A top priority for this new Congress, cial Security,’’ this bill squanders the considered, and defined and voted for— the 106th Congress, that will be seated first budget surplus in almost three not when a small group of negotiators in January of next year must be, must decades. Almost one-third of the pro- decides that idea or this idea has be, to make the necessary changes and jected surplus is going to more than $20 merit. But this ‘‘omnibus’’ bill includes reforms to keep the budget process on billion of new spending not paid for by entire policy bills included in this one- track. Perhaps we should enact bien- offsetting it, by cutting any other half-trillion-dollar, over-3,000-page doc- nial budgeting and appropriations. The spending. Instead of reflecting the pri- ument. distinguished chairman of the Senate orities of the American people, this bill Many of these policy bills have been Budget Committee, Senator DOMENICI, reflects on the priorities of the minor- slipped in from overhauls of immigra- has talked of this; Senator STEVENS ity in Congress, such as $1.2 billion in tion policy to regulation of the Inter- has talked of this. Or we make other new Federal money to pacify the Na- net. Seven separate antidrug author- changes to ensure that we will put an tional Education Association. ization bills were slipped into this end to this moonlight madness. This Instead of less regulation, this bill ‘‘omnibus’’ bill. And we can’t amend must stop. gives us more government. any of it. We can’t shape it, change it, Mr. President, this is not Halloween. It includes a provision that will ham- influence it, delete it. We can’t do our This isn’t trick-or-treat time. This is string Federal prosecutors by sub- jobs as representatives of the American serious business. I am prepared to work jecting them to a patchwork of State people. with the Senate’s bipartisan leader- ethical guidelines. On its merits, this Mr. President, this is not how the ship, with all my colleagues, to make provision never would have survived U.S. Senate should operate. The Amer- these changes occur. The American the U.S. Senate. ican people deserve better, and until taxpayers expect and deserve better. It includes $192.5 million for the recently they got better. We owe it to the people who pay the Global Environmental Facility, even Throughout the 1980s—let’s go back bills. though, Mr. President, the Senate and to the 1980s—Congress did business by My colleagues, we can change this the House had rejected this level of passing ‘‘omnibus’’ bills, or ‘‘con- nonsense. We must change this non- funding. We had actually rejected it. tinuing resolutions’’ very much like sense. And this is to advance a treaty, the this one. These were unaccountable, I yield the floor, and I thank my Global Warming Treaty, that the ad- pork-laden bills that ran thousands of friend, the distinguished chairman of ministration does not have the guts to pages like this bill. They made a mock- the Senate Appropriations Committee. send to this body to debate. They don’t ery of accountability of our democratic Mr. STEVENS. Mr. President, how have the guts to do it, because they process. And then in 1988, many of you much time remains? know it would be defeated. But, yet, will remember that President Reagan The PRESIDING OFFICER (Mr. through back-door spending—and what stood up against what he described as THOMAS). The Senator from Alaska has we have given up after the House and ‘‘. . . monstrous continuing resolutions 39 minutes.

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12704 CONGRESSIONAL RECORD — SENATE October 20, 1998 Mr. STEVENS. And Senator BYRD? done at the grassroots level? Now we The stakes are high, as the very free- The PRESIDING OFFICER. Forty- hear them as we come to the close of doms we all hold dear and above all one minutes. the 105th Congress. Did we not know else are at issue. The price of freedom Mr. STEVENS. It is my under- then that a well-orchestrated delaying is too dear to change the very basic standing I had reserved 15 minutes for action was taking shape? The answer is foundation. The Nation has always the Senator from New Hampshire. Is a resounding yes. There was not one, drawn its power from local commu- that correct? not one who as a Member of Congress nities and their ability to solve not The PRESIDING OFFICER. The Sen- representing their respective States, just local problems, but most of the ator is correct. was not aware, did not know where we problems of the Nation’s interests. To Mr. STEVENS. Does my time that were heading. Attempts by this admin- abandon that premise would be dan- the Chair just announced include Sen- istration were made to shortcut or gerous and unwise. ator GREGG’s 15 minutes? shortcircuit the process. So when the It is unfortunate that we have to pass The PRESIDING OFFICER. Yes, it 105th Congress closes its work, it will a measure of this magnitude, of this does. be the responsibility of the 106th Con- size, but that is the way it was forced Mr. STEVENS. It does. gress to ensure that this will never upon this Congress this year. Were bad The PRESIDING OFFICER. Yes. happen again. The American people de- decisions made early on? Yes. But we Mr. STEVENS. I thank the Chair. serve no less. can make some good decisions now. We How much time does the Senator Now, as to the bill itself, to those must always keep in mind: We only from Montana wish, Mr. President? critics who say there is not good in have a surplus in our Nation’s Treasury Mr. BURNS. I thank the Senator. No this bill, I say you are wrong. To those as a result of a strong economy. You more than probably 5 or 6 minutes. who say there is no tax relief in this could say the taxpayer really overpaid Mr. STEVENS. I yield the Senator bill, I say you are wrong—small as is us. If they did, they are also telling us such time as he wishes to use. might seem. And to say that tax relief that we should not keep the change. The PRESIDING OFFICER. The Sen- is not for the proper segment of our I yield the floor. ator from Montana. Nation’s economy, I say you are also MODIFYING SECTION 110 OF THE ILLEGAL IMMI- Mr. BURNS. Mr. President, one does wrong. To those who would say we have not have to reiterate the complexity of GRATION REFORM AND IMMIGRANT RESPONSI- saved, saved I say, Social Security and BILITY ACT OF 1996 going through this process of appro- the financial foundation of our Nation, priations. I rise on this floor of the Mr. ABRAHAM. Mr. President, I would I say you are wrong again. like to take a moment to comment on Senate with mixed emotions this after- It is disingenuous to ask that money a provision included in the omnibus ap- noon as we consider the omnibus ap- be spent from the Nation’s Treasury propriations measure that would mod- propriations bill for 1999. I, as the for domestic social programs under ify section 110 of the Illegal Immigra- speaker before me, know and under- emergency conditions knowing of the tion Reform and Immigrant Responsi- stand what the chairman of the Appro- surplus of funds that now exists and bility Act of 1996. priations Committee has gone through knowing the appropriations would not to bring this process to this point. I be subject to budget caps that were Section 110 would have required the shall vote yea on this bill, but anybody agreed to over a year ago. The only ab- INS to establish, by September 30, 1998, who tells me that they have a handle solute condition—Social Security can an automated entry and exit control on this bill would be just like their be saved and reformed—is when Con- system to document the arrival and de- local weather forecaster—they are ei- gress has created and saved, saved parture of every alien entering the ther a fool or a newcomer. those surplus funds to ensure its sol- United States. This particular lan- The framers of our Constitution did vency. Spending some of the surplus guage in the Illegal Immigration Re- not envision the process which was the weakens our ability to reform and en- form Act was adopted only in con- design of an administration that was sure the solvency of any entitlement ference and had the unintended and un- irresponsible and reckless in both ac- deemed by this Congress or the admin- foreseen consequence of requiring the tions and words with the Congress and istration. INS to implement automated entry and the people of this country. Being forced The most important ingredient to exit control at land borders and at sea- into a situation where the will of make our system work for all Ameri- ports, rather than simply at airports. Americans is denied in the spending of cans is trust and integrity. The fram- I learned of this market early this their hard-earned money, that is not ers of the Constitution warned us that Congress and realized that extremely my idea of representative government. there are weaknesses and pitfalls and grave consequences would result to The same Americans were even denied certain dangers in self-government. In trade, commerce, tourism, and legiti- debate on issues that would become the fact, the self-governed, who have the mate cross-border traffic if it were im- law of the land. I think it was THOMAS power to vote themselves bread with plemented anywhere other than at air- Jefferson who said that the Constitu- not one drop of sweat falling from their ports. My home State of Michigan tion should be flexible; it should be brows, are not absolved from the re- would be hard-hit. More United States- subject to change with the times to re- sponsibility that they have at the bal- Canada trade crosses the Michigan bor- flect the will of the people and not to lot box. We, every American, all share der than in any other State. The Amer- the master politician. I believe the this duty. ican automobile industry in particular American people have fallen prey to For this system to survive depends would be devastated. That industry those who have mastered their craft on the degree of national responsibility alone conducts over $300 million of very well. that is found in their elected Rep- trade with Canada every single day, The process, as all appropriations resentatives. This 105th Congress has and relies on new ‘‘just-in-time’’ deliv- processes, started as it should have; addressed crises that fell on our ability ery methods that make United States- subcommittees, working with the ad- to produce food and fiber for this Na- Canada border crossings an integral ministration, held hearings with the tion. We addressed the crisis that has part of American automobile manufac- different Departments of the Federal befallen our rural communities as a re- turing. A delivery of parts delayed by Government, which is the administra- sult. as little as twenty minutes can cause tion. After being completed at that We have attempted to address edu- expensive assembly line shutdowns. level, the consideration moved to the cation by using money alone. Again, I Unfortunately, testimony at the two full Appropriations Committee. All fear that we will be disappointed with Immigration Subcommittee hearings I members of that committee debated the results. In this body, we make most chaired on this topic indicated that and passed on to the full Senate the ap- of our decisions based on history. The delays at the border could immediately propriations bill that was started at key has always been the past. Commu- exceed 24 hours. Implementation of the subcommittee level some 6 or 7 nities of this Nation should have, and entry and exit control at the land bor- months ago. have had, the power and the wisdom to ders would effectively shut the border Where were all the voices that we say ‘‘what, why, and how’’ they should and effectively shut down the auto and hear now when the work was being educate the next generation. many other industries. It would also

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12705 involve untold expenditures in the bil- and included in the omnibus legisla- underprivileged high school students lions of dollars for new infrastructure tion, there will be no implementation studying mathematics, computer and personnel. at the land borders or seaports for 21⁄2 science, or engineering and funding for I would like to thank my colleagues years. I hope that will give us enough job training programs which focus on for appreciating the seriousness and ur- time to figure out what to do with this. information technology. gency of this problem. The Senate Let me assure my colleagues that if One project that I hope would be sup- spoke with one voice on this issue it becomes clear that such a system ported under this new program is the when it granted unanimous consent to will not be able to be implemented DePaul University High-Tech Work- the legislation I introduced. Senate bill without adverse effects on our border force Pilot Program in Chicago. It was 1360, that removed any requirement to communities, on trade, or on tourism, developed in conjunction with Chicago implement entry and exit control at I will work with them on authorizing companies and local government with the land borders and instead provided legislation to remedy any problems and the goal of preparing America’s work- for a feasibility study on implementing will work with them to ensure that no force to compete in the dynamic high- section 110 at the land borders. Last appropriations go toward imple- tech industry. It has also been devel- week, the Senate granted unanimous menting any system that will not be oped to be a model that can be rep- consent to a stopgap measure I intro- acceptable to them and supported in licated by other universities and cities. duced to ensure that implementation their States. I believe that DePaul’s training, re- would not be required pending our re- Mr. ABRAHAM. I thank the distin- training and education program will solving this on a longer-term basis. guished Majority Leader for his con- expand America’s skilled labor force. My colleague from New Hampshire, cern and his support. I would also like Let me again congratulate, Senator Senator GREGG, who is the chairman of to note that the compromise language ABRAHAM for his success and hard the Commerce, Justice, State Appro- provides that the system to be devel- work. priations Subcommittee, also appre- oped by the INS must ‘‘not signifi- Mr. ABRAHAM. Mr. President, I ciated the importance and urgency of cantly disrupt trade, tourism, or other thank the Senator from Illinois. As he this issue when he ensured that a pro- legitimate cross-border traffic at land pointed out, the American Competi- vision concerning section 110 was in- border points of entry.’’ tiveness and Workplace Improvement cluded in the Senate Commerce, Jus- As I have noted, delays of even 20 Act, includes a provision to provide tice, State appropriations bill. minutes or less could cause very sig- math, engineering and computer Mr. GREGG. I thank the Senator from nificant disruptions in the auto indus- science scholarships to needy students Michigan for pointing that out. We in- try in Michigan. I am sure the many and a provision to provide additional cluded a repeal of section 110 in the other industries and States affected worker training programs. There are a CJS appropriations bill. Section 110 will face similar devastating con- number of pilot programs being devel- would require a tremendous amount of sequences from increases in waiting oped around the country to provide appropriations for what would be, in time at the land borders. Disruptions high-tech training to American work- my view, almost no tangible benefit. must be considered all along the chain ers. As Senator DURBIN mentioned, We should be responsible with our ap- of production and trade and in the DePaul University has developed just propriations and ensure that federal widest possible context, not simply in such a pilot program to address the monies are spent on immigration en- terms of what actually occurs at the shortage of qualified U.S. high-tech forcement efforts that really will be ef- border, in determining whether or not workers that might well serve as a fective, rather than on unintended, un- they are significant. Do my colleagues good model for other programs across tried, and untested systems. agree? the country. Programs like the one de- Mr. ABRAHAM. Is my understanding Mr. LOTT. I agree. veloped by DePaul University are what correct that the current appropriations Mr. GORTON. I agree. we had in mind when the training pro- legislation before the Congress does Mr. GREGG. I agree. visions were drafted. not include any funding for imple- Mr. ABRAHAM. I thank my col- menting entry and exit control at the leagues and appreciate their support. NATIONAL SECURITY land borders? I will be working to ensure that such Mr. MACK. Mr. President, I under- Mr. GREGG. That is correct. a system never harms our borders and stand that language has been added to Mr. ABRAHAM. I would hope that the our trade, and will also be working on section 117 of the FY99 Treasury-Postal appropriators will ensure in the future providing that this issue is properly appropriations bill since that bill was that no money is appropriated for this studied before it is implemented. passed by the Senate. It is also my un- system until it is certain that the sys- Mr. DURBIN. Mr. President, I would derstanding that this bill will be in- tem will cause no additional delays at like to commend the distinguished cluded in the omnibus spending bill. I the land borders and will not harm Senator from Michigan for all of his would like clarification from my col- American trade, tourism, or other le- hard work on the H1B visa program. I league from North Carolina who at- gitimate cross-border traffic in any voted against passage of this measure tended the conference on this legisla- way. Do you agree? in the Senate in the spring but today tion. Mr. GREGG. I agree with you en- am happy to have it included in the Mr. GRAHAM. I join my colleague tirely on that. omnibus. This is due to the incredible from Florida in making this inquiry. Mr. GORTON. Let me just add, both efforts of Senator ABRAHAM. This is a Since enactment of the provision by as a member of the Appropriations well-balanced measure that addresses the Senate, I have noted that a new Committee and as a Senator from the the needs of the business community section (d) has been added in con- State of Washington, that I agree that while protecting the well-being of ference, which provides that the Presi- no money should be spent on imple- American workers. One of the most im- dent may waive the ‘‘requirements’’ of menting any such system at the land pressive accomplishments in this pro- this section in the national security. I borders or seaports until we are as- posal is that it attempts to meet a note that the term ‘‘requirements’’ sured that no adverse consequences short-term labor shortfall while insti- may require clarification. As I under- will result. I am convinced that the tuting a program to ensure a long-term stand the import of this language, it consequences would be disastrous. I labor supply. The bill creates a new does not allow the President to waive would also like to ask the distin- program of grants to provide technical the section as a whole, but only those guished Majority Leader for his sup- skills training for workers. part that relate to ‘‘requirements’’ on port. This bill contains provisions to en- the Secretaries of Treasury and State. Mr. LOTT. I thank my colleagues. I sure that Americans will not be Is that the understanding of the Sen- agree that we have no idea at this harmed by this legislation. A $500 fee ator from North Carolina? point what sort of system would be im- paid by businesses wishing to partici- Mr. FAIRCLOTH. Yes, that is my un- plemented at land borders and seaports pate in the H1B program will raise ap- derstanding, and that is confirmed by or how much it would cost. Under the proximately $75 million annually to be the Report of the Conference Managers, compromise worked out with the House split between a scholarship program for which distinguishes between the term

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12706 CONGRESSIONAL RECORD — SENATE October 20, 1998 ‘‘provision’’ and the term ‘‘require- cations is consistent with the priorities which demonstrates the greatest need. ments of this provision.’’ And it is fur- of the industry within the United Consideration should be given to those ther my understanding that, to the ex- States and the goals of the Department HIDTA’s cited in the amendment de- tent that the section 117 establishes of Energy’s program? scribed by the Senator from Iowa. any ‘‘requirements‘’ within this so- Mr. GRAHAM. Senator you are cor- Mr. HARKIN. I thank my colleague called waiver provision, those require- rect. I would also like to voice my con- from Colorado for his assistance in this ments are contained only in new sec- cern regarding Fiscal Year 1998 funding matter, and for his efforts to increase tion (2)(A). that has not been provided by the De- the safety of our citizens by substan- Mr. LAUTENBERG. As the author of partment of Energy to assist the State tially reducing drug-related crime and the original provision, Mr. President, I of Florida’s program. violence. can assure my colleagues that it was Mr. MACK. I agree with you Senator. ENERGY EFFICIENCY my intention that state sponsors of I hope the Department of Energy will Mr. MURKOWSKI. Mr. President, I terrorist acts against Americans pay move quickly to release Fiscal Year rise today to further clarify that the the price for their deeds set by U.S. 1998 funding in an effort to maintain language in the legislative report that courts. I did not include a waiver be- domestic superiority in this important accompanied S. 2237 with respect to en- cause I don’t believe countries which energy conservation technology. ergy efficiency codes and standards was sponsor terrorism should be shielded FISCAL YEAR 1999 TREASURY AND GENERAL GOV- not intended to conflict with existing from these judgements. On the inter- ERNMENT APPROPRIATIONS—MIDWEST HIDTA laws. This issue was debated thor- pretation of the waiver added in con- Mr. HARKIN. Mr. President, I would oughly when the Congress passed the ference, I would have to rely on the like to thank Chairman CAMPBELL for Energy Policy and Conservation Act in Senator from North Carolina and the his hard work, commitment, and dedi- 1975, and again in the debate over the chairman of the Appropriations Com- cation to increasing the funding level 1992 Energy Policy Act. I ask unani- mittee. for the high-intensity drug trafficking mous consent to have printed in the DEPARTMENT OF ENERGY’S WINDOWS PROGRAM areas in the fiscal year 1999 Treasury RECORD a letter from seven of my col- Mr. MACK. Mr. President, I would and General Government appropria- leagues expressing concern over this like to engage Senator GRAHAM in a tions bill. When the Senate version of language. colloquy concerning the Department of this legislation was being debated on There being no objection, the letter Energy’s energy saving windows pro- the floor, Chairman CAMPBELL and I was ordered to be printed in the gram. I would first like to thank Sen- worked together to increase funding RECORD, as follows: ator GORTON for his past efforts in as- for several of these areas, including an U.S. SENATE, sisting the State of Florida’s develop- additional $3.5 million for the Midwest Washington, DC, September 3, 1998. ment of electrochromic technology. We HIDTA. Senator FRANK H. MURKOWSKI, support the Department of Energy’s Mr. President, in the last three Chairman, Committee on Energy and Natural continued support of the State of Flor- years, the Midwest has experienced a Resources, U.S. Senate, Washington, DC. phenomenal increase in the importa- DEAR MR. CHAIRMAN. We are deeply con- ida’s electrochromic program. cerned over language in the legislative re- Mr. GRAHAM. Electrochromic tech- tion, distribution, and clandestine port that accompanies S. 2237, The Depart- nology provides a flexible means of manufacturing of methamphetamine. ment of the Interior and Related Agencies controlling the amount of heat and The region’s central location, variety appropriations bill. Several sentences in the light that pass through a glass surface of interstate highway systems, along Energy Conservation section of the report providing significant energy conserva- with its air and rail hubs enhance, its (pp. 100–101) reverse nearly a quarter-century tion opportunities. I understand the popularity as a market for Mexican of federal policy and ignore the clear statu- Department of Energy estimates that methamphetamine trafficking oper- tory direction given in the Energy Policy and Conservation Act 1975 (‘‘EPCA’’). placing this technology on all commer- ating out of the Southwest border EPCA is where the Department of Energy’s cial building windows in the United areas. The Midwest HIDTA is integral appliance efficiency program began and it States would produce yearly energy to the strategy employed by each state clearly says (at 42 U.S.C. 6291) that DOE savings equivalent to the amount of oil to reduce methamphetamine importa- should measure ‘‘the quantity of energy di- that passes through the Alaskan pipe- tion, distribution, manufacturing, and rectly consumed by a consumer product at line each year. related criminal activity. its point of use.’’ Then and now, others be- Mr. MACK. I have been told the State Although the conference report for lieve that DOE’s standards should be based of Florida has provided over $1.2 mil- the fiscal year 1999 Treasury and Gen- upon a more expansive definition of energy eral Government appropriations bill use, one that included exogenous factors like lion toward the advancement of plasma ‘‘total fuel cycle’’ costs, emissions and enhanced chemical vapor deposition did not include specific funding for externalities. (PECVD) techniques for electrochromic each HIDTA, the conferees did include Congress and the President wisely rejected applications. The program is being un- a significant increase in HIDTA fund- such an approach both in 1975 and in suc- dertaken in conjunction with the Uni- ing. ceeding debates in recognition that deter- versity of South Florida and utilizes Therefore, I would like to ask the mining the energy use of an appliance at its the expertise and patented technology Chairman of the Treasury and General point-of-use is a measurement, while at- of the National Renewable Energy Lab- Government Appropriations Sub- tempting to factor in various exogenous fac- committee if it was the intent of the tors is an attempt to estimate that which oratory in Colorado. cannot be measured, projected, quantified or Mr. GRAHAM. This program is an ex- conferees that a large portion of the in- extrapolated with any real accuracy. It is a cellent example of successful tech- crease in HIDTA funding should go to case of comparing hard, objective measure- nology transfer from a national labora- the areas which were specifically listed ments with soft, subjective estimates. tory as well as an example of a success- in S. 2312 as passed by the Senate. This approach was clearly seen as unwork- ful public/private partnership. I under- These areas include the current Mid- able in 1975. Nothing that has happened in stand the program is consistent with west HIDTA, an expansion of the Mid- the intervening twenty-three years makes it industry priorities and the goals of the west HIDTA to include the State of any more workable toady. No two people could agree on which exogenous factors Department of Energy’s energy saving North Dakota, the Central Florida should be quantified, let alone how they windows program.We hope that the De- HIDTA, the Cascade HIDTA, and the might be quantified. The resulting numbers partment of Energy will provide no less Southwest Border HIDTA. would be useless, reflecting politics rather than $1 million of Fiscal Year 1999 Mr. CAMPBELL. I thank my col- than good science, engineering or mathe- funding for electrochromics to further league from Iowa for raising this issue. matics. the State of Florida’s development of The Senator from Iowa is correct that This report language, which directs the De- PECVD techniques for electrochromic the conferees did not include a specific partment to drop the current ‘‘point of use’’ increase in funding for the individual standard in favor of this expansive ‘‘source technology. based’’ standard, was inserted with no hear- Mr. MACK. I understand that the HIDTA’s. However, it is my hope that ings, no debate and no attempt to involve State of Florida’s development of plas- the Office of National Drug Control the committee of jurisdiction, which you ma enhanced chemical vapor deposi- Policy will use these extra resources to chair. In addition, DOE’s recently formed tion (PECVD) for electrochromic appli- fund an increase in those HIDTA’s Advisory Committee on Appliance Standards

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12707 was completely ignored by the ‘‘source en- ious appliances and making other en- United States EEZ. It is time to more ergy’’ advocates, who are themselves mem- ergy efficiency decisions. Under the au- fully ensure that the vast fishery re- bers of the Advisory Committee. thorizing statute, the Department may sources of the United States are har- We urge you, as Chairman of the Energy Committee, to assert your committee’s ju- make an effort to reduce the subjec- vested by Americans. These provisions risdiction over this statute and program. A tivity involved in making the esti- will go a long way to making that the program that has provided America’s con- mates necessary to make ‘‘source en- case. sumers with accurate and useful information ergy’’ calculations. In addition to the further Americani- for the past twenty-three deserves thorough This work can be taken into account zation of U.S. fisheries, the Title in- review before changes of this magnitude. as the appropriate authorizing commit- cluded in the Omnibus Appropriations Sincerely, tees consider changes in our existing measure also resolves the long-stand- TOM HARKIN. national policy. Until that time, the ing allocation battles surrounding the CHUCK GRASSLEY. existing statutes are the law of the North Pacific pollock fishery. When CRAIG THOMAS. land. S.1221 was introduced by Senator STE- MICHAEL B. ENZI. VENS in September 1997, one of the LARRY E. CRAIG. THE AMERICAN FISHERIES ACT JOHN GLENN. Mrs. MURRAY. Mr. President, the goals in addition to Americanizing the JAN KYL. Omnibus Appropriations measure be- U.S. fishing fleet was to phase out a Mr. MURKOWSKI. During past con- fore us contains an important provi- number of Seattle-based catcher proc- sideration of this issue, the majority of sion regarding foreign ownership and essors that had used the grandfather Congress determined that energy con- control of United States fishing vessels provisions of the 1987 Anti-Reflagging sumed at the point of use can be meas- as well as a resolution of disputes re- Act to enter the pollock fishery. Sen- ured, projected and extrapolated with garding the North Pacific pollock fish- ator SLADE GORTON and I strongly op- greater accuracy than data based on ery. More than one year ago, Senator posed the original legislation because subjective estimates of externalities, STEVENS introduced S. 1221, the Amer- of the devastating impact this phase out would have had on Washington such as emissions, and ‘‘source en- ican Fisheries Act. A major purpose of state jobs andthe Puget Sound econ- ergy.’’ This determination is clearly re- this legislation, and a goal I strongly omy. However, there were a number of flected in the authorizing statute, 42 support, was to further increase the Washington state constituencies who USCS Section 6291, which defines ‘‘en- level of ownership of U.S. fishing ves- strongly supported the legislation and ergy use’’ as ‘‘the quantity of energy sels. The Americanization of the U.S. the phase out of these catcher proc- directly consumed by a consumer prod- fishing industry began in 1976 with the passage of the Magnuson Fishery Con- essors. uct at point of use, determined in ac- In the interest of resolving this issue, cordance with test procedures under servation and Management Act which Senator GORTON convened a meeting in established a 200 mile Exclusive Eco- section 323 (42USCS Sec. 6293).’’ Any August 1998 of all the major partici- nomic Zone (EEZ) and prioritized ac- substantive change in existing law and pants in the North Pacific pollock fish- cess to fishery resources within the policy should only be undertaken after ery to explore the possibility of reach- EEZ to American citizens. This legisla- careful consideration by the author- ing a settlement of the dispute. My izing committee of jurisdiction, the tion is an historic milestone in inter- good colleague from Washington state Committee on Energy and Natural Re- national marine policy and set a prece- established a number of principles sources. dent that all coastal nations have fol- which all the parties agreed to and With respect to the Federal Energy lowed. It was an important step in se- guided the discussion of potential solu- Management Program, another pro- curing American control of the vast tions. Those discussions led to the con- gram potentially affected by this lan- fishery resources off our coastlines. clusion that 4 key issues needed to be Eleven years later, another step was guage, 42 USCS 8253 and Executive Or- addressed: Americanization, decapital- taken to further Americanize U.S. fish- ders 12759 and 12902, which relate to im- ization, rationalization, and realloca- provement in energy efficiency in fed- eries. The 1987 Anti-Reflagging Act re- tion. This meeting led to a series of in- eral buildings, stating that ‘‘each agen- quired U.S. citizens to own and control tense negotiations among the major cy shall apply energy conservation at least 51% of any U.S.-flag fishing North Pacific pollock fishery partici- vessels. This Act also included grand- measures to, and shall improve the de- pants, led by Senator STEVENS office, sign for the construction of, its Federal father provisions that, because of that provided the framework for the buildings in use during the fiscal year drafting errors, allowed any current legislation before us. 1995 is at least 10 percent less that the U.S. flag fishing vessels that did not While my colleagues from Alaska and energy consumption per gross square meet the new standard to be exempt Washington have provided a much foot of its Federal buildings in use dur- from the new ownership standard and more detailed outline of the provisions ing the fiscal year 1985. . . .’’ allowed vessels under contract to be re- of the American Fisheries Act, I would The June 1996 policy statement of the built into fishing vessels in foreign like to summarize some of the key as- Federal Intergency Energy Policy shipyards to retain their U.S. fishing pects. Committee interprets these authorities privileges. The two grandfather provi- This bill includes a substantial re- as encouraging cost-effective energy sions allowed a far greater degree of allocation of the North Pacific fishery projects that results in ‘‘operational foreign owned and controlled fishing resource, one of the most valuable fish- cost savings,’’ regardless of whether vessels to remain is U.S. fisheries than ery resources in the world. The 1.2 mil- that consumption is measured on a site had been intended. Although the lion metric ton fishery is worth ap- basis or a source basis. While this al- United States Coast Guard correctly proximately $250 million annually. For lows the goal of reduced energy con- interpreted these grandfather provi- the last 6 years, there has been tremen- sumption to be demonstrated by source sions in a legal sense, there has been dous allocation disputes regarding this or site analysis, saving taxpayer dol- ongoing controversy regarding Con- resource before the North Pacific Fish- lars is retained as its primary criteria gressional intent with these grand- ery Management Council. Prior to 1992, for projects. A change to consideration father provisions and their application the offshore component of the fishery of externalities and ‘‘source energy ef- by the Coast Guard. harvested approximately 85% of the re- ficiency’’ over direct cost savings Eleven years later, the American source. In 1992, the North Pacific Fish- would be a major change that should Fisheries Act will finally resolve this ery Management Council reduced this also be undertaken only after thorough issue. It requires a real, effective, and harvest level by allocating 35% of the analysis of its impact by the author- enforceable U.S. ownership threshold resource to the onshore component of izing committee. for U.S. flag fishing vessels. Under this the fishery, that is, catcher boats de- I understand the concern that the Act, U.S. citizens must own and con- livering to onshore processing plants. Department could improve the analyt- trol 75 percent of the ownership inter- Recently, the Council recommended to ical methods that are used to calculate est in any U.S. flag fishing vessel. I the Secretary of Commerce increasing ‘‘source’’ energy efficiency, which strongly support these provisions as an this percentage to 39%. This bill pro- would give consideration to the full important step in our ongoing efforts vides 50% of the resource to the on- panoply of costs involved in using var- to Americanize the fisheries of the shore sector, 10% to the mothership

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12708 CONGRESSIONAL RECORD — SENATE October 20, 1998 sector, and 40% to the offshore sector, ful. In the end, I feel the potential ben- largely left for the Councils to rec- permanently resolving the long-stand- efits such rationalization could provide ommend. Those of us involved inti- ing allocation battles over this valu- for both the resource and the industry mately in the development of this leg- able resource. With each percentage dependent upon it justify this action. islation strongly urge the Councils to point of the total allowable catch val- Nonetheless, I think it imperative that monitor the formation of fishery co- ued at approximately $5 million, this both the Council and the Congress operatives closely and ensure that shift in harvest opportunity represents closely monitor the impacts of this other fisheries are held harmless to the anywhere from a $55 million to $75 mil- provision to ensure it achieves our goal maximum extent possible. lion reallocation. of improving the situation for fisher- In particular, the legislation directs To offset this massive move of fish, men. If not, additional measures may the North Pacific Council to address the legislation includes a substantial need to be taken. the issue of latent capacity in the Ber- reduction in the excess fishing capacity This bill relies in great measure on ing Sea crab fishery. I am deeply con- in the offshore sector. Overcapitaliza- the ability and willingness of the North cerned by the recent failure of the tion has been an ongoing problem in all Pacific pollock fishery sectors to form North Pacific Council to address this North Pacific fisheries and is the fishery cooperatives. Fishery coopera- issue in response to this legislation. source of the allocation battles that tives, authorized under current law, The relatively minor level of protec- ensue over these fisheries. This act will are a privately negotiated allocation tion provided in the bill for the Bering permanently remove nine pollock fac- on a company-by-company or vessel- Sea crab fishery should in no way be tory trawlers from the pollock fishery, by-vessel basis of a portion of the total construed by the Council as sufficient in fact, from the U.S. EEZ entirely. allowable catch. Similar to an indi- to protect the crab fishery from poten- Eight of these vessels will be scrapped, vidual fishing quota program, coopera- tial adverse impacts of pollock fishery preventing them from being used in tives provide fishery participants with cooperatives nor should it be deemed any fishery in the world. In exchange the certainty they need to stop the sufficient to address the issue of over- for retiring these vessels and transfer- race for fish, and harvest and process capitalization of the crab fishery and ring the pollock catch history associ- the fish on a more flexible schedule the need to remove latent capacity. I ated with them to the onshore sector, with greater attention to bycatch, effi- strongly urge the Council to take the owners of these vessels will be paid ciency, and safety. The existing fishery measures to further reduce latent ca- $90 million. An additional $5 million cooperative in the offshore sector of pacity in the crab fishery beyond that will be paid to the remaining partici- the Pacific Whiting fishery has shown which the License Limitation Program pants in the offshore sector of the fish- tremendous benefits in these regards addressed and to avoid rewarding spec- ery for the additional reduction in the and has helped rationalize the fishery. ulative participation in anticipation of offshore allocation. $20 million will be It is hoped that cooperatives can do the the developing industry-funded capac- provided by the federal government as same in the pollock fishery. ity reduction program being developed it bears responsibility for the failure of In the interest of ensuring that by the crab industry. At the same the 1987 Anti-Reflagging Act to effec- small, independent fishermen are the time, the Council should ensure that tively keep foreign fishing vessels out true beneficiaries of fishery coopera- true historic participants in the crab of the U.S. EEZ. The remaining $75 tives, the bill includes a number of re- fishery who have made legitimate in- million will be paid by the onshore sec- quirements for fishery cooperatives in vestments to harvest crab are not tor through a federally-guaranteed all three sectors which are designed to eliminated. loan. provide these small, independent fish- The American Fisheries Act title in this Omnibus Appropriations measure Replacement of the capacity rep- ermen with sufficient leverage in the is an important next step in our efforts resented by these removed vessels is negotiations to protect their interests. prevented by statutorily establishing In addition, the bill attempts to en- to Americanize U.S. fisheries and en- either through explicit listing of the sure adequate protections for other sure their long-term sustainable use. I vessels or specific criteria for partici- fisheries in the North Pacific and Pa- support this provision and will work pation, the factory trawlers, cific from any potential adverse im- with my colleagues to ensure that is ef- motherships, catcher boats, and on- pacts resulting from the formation of fectively and fairly implemented. In shore processors that can continue to fishery cooperatives in the pollock closing, I want to thank Senator STE- VENS, GORTON, and MURKOWSKI for their participate in the North Pacific pol- fishery. The formation of fishery co- hard work on this legislation. I would lock fishery. This listing of the eligible operatives will undoubtedly free up also like to acknowledge the hard work fishery participants is essential to pre- harvesting and processing capacity of Trevor McCabe, Jeanne Bumpus, Bill venting recapitalization of the fishery that can be used in new or expanded Woolf, Martin Kodis, and my own staff, and ensuring that steps toward ways in other fisheries. Although many Justin LeBlanc. Without their dedica- rationalizing the fishery can proceed. of these vessels and processors have le- tion and perseverance, we would not It has not been done without con- gitimate, historic participation in troversy, however. There has been a have put this legislation together. these other fisheries, they should not The PRESIDING OFFICER. The Sen- great deal of concern among the fishing be empowered by this legislation to ator from Illinois. industry in Washington state and Alas- gain a competitive advantage in these Mr. DURBIN. Mr. President, it is my ka about the exclusive listing of on- other fisheries to the detriment of par- understanding there is some time re- shore processors. Many fishery partici- ticipants who have not benefitted from maining on this issue, is that correct? pants have made a distinction between the resolution of the pollock fishery The PRESIDING OFFICER. There is addressing overcapitalization on the problems. indeed. There are 41 minutes under the water and on the land. Many have ar- While we have attempted to include order; 30 of those minutes have been al- gued that the exclusive listing of on- at least a minimum level of protec- located so there remains 11 minutes. shore processors will deny fishermen tions for these other fisheries, it is Mr. DURBIN. Mr. President, I rise to competitive markets for their fish. clear to many of us that unintended address this piece of legislation which Others are concerned that it locks in consequences are likely. It is therefore is being talked about on the floor. Mil- substantial foreign investment in the imperative that the fishery manage- lions of people come to Washington, processing sector of the fishery while ment councils not perceive the protec- DC, every year to see the sights of at the same time the bill seeks to fur- tions provided in this bill as a state- Washington. One of the most impres- ther Americanize the harvesting of fish ment by Congress that these are the sive is a trip to the Archives. Go to the in the U.S. EEZ. I share these con- only protections needed. In fact, the Archives and see the glass cases. In cerns. However, the need to rationalize opposite is true. Although the protec- those cases you will find the Constitu- this fishery necessitates this action. In tions provided for the head and gut tion of the United States in its original the absence of this provision, the abil- groundfish offshore sector from the form and the Declaration of Independ- ity to proceed with the formation of pollock offshore sector are more highly ence. Schoolchildren remember that fishery cooperatives as a means to end developed and articulated in the bill, for a lifetime. They have seen a docu- the race for fish could not be success- the protections for other fisheries are ment that is historic.

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12709 I might say to my colleagues in the mistakes of a year with one bill: 4,000 won’t put together this bill unless and Senate, I have just seen a document pages, 25 pounds of documentation. until you include at least one initiative that is historic. Not 50 feet away from This Congress has failed to pass cam- for education in America.’’ He pushed where I stand, in room 224, sits a docu- paign finance reform, a bipartisan hard for it. He achieved it. ment of 4,000 pages; some 25 pounds of measure supported by the President— I am happy there is more money for paper that comprise this omnibus legis- killed on the floor of the U.S. Senate. Head Start. That is an excellent invest- lation we are talking about, a measure This Congress has failed to pass any ef- ment. rarely seen by anyone. fort to stop the tobacco companies There is more money as well for the Is it important? A third of the Fed- from luring our children into addic- National Institutes of Health. On a bi- eral budget is in that document in that tion—another bipartisan effort, killed partisan basis, we are increasing med- room, and most of the Members of the on the floor of the Senate. This Con- ical research by 14 percent—a smart Senate, aside from a glance walking gress has failed to pass a Patients’ Bill thing to do. through, will not see anything else in of Rights, reform of managed care so The health insurance deduction for the document. If we are quizzed as to that all of us as patients have some the self-employed is accelerated so what is in the measure, we are hoping rights to quality care when we go to they can be treated fairly, so small that our staff or someone else has read see a doctor or to a hospital—killed on businesses and farmers get a fair share. it because, frankly, we have not. the floor of the Senate. We have failed And there is agriculture relief which, How did we get in this predicament? to do anything to preserve the Social to those of us in the Midwest, means a How are we here, on October 20, at the Security system beyond the year 2030, lot. In Illinois, the Dakotas, Min- tail end of a misspent life, wondering even though we have the wherewithal nesota, all across the Midwest, we face why this Senate and this Congress were in this surplus to start speaking in spe- a crisis. Luckily, with the President’s so unproductive during the 105th Con- cific terms about doing that. We have leadership, we increase the money in gress? Some want to blame the Presi- failed to pass the legislation proposed this bill to take care of it. dent. But I remind those who do to by my colleague, Senator CAROL There are other things as well—food take a look at the Constitution, be- MOSELEY-BRAUN of Illinois, to invest in safety initiatives, which I support, and cause the Constitution has established 5,000 new and repaired schools across funding the IMF. three branches of Government, each America to try to address the on- But there are things we failed to do. with a responsibility. In this case, our slaught of children who will be coming Can you believe we are still in a dead- responsibility was, on April 15, to pass into school, increasing the school popu- beat status, the United States of Amer- a budget resolution, a resolution which lation of our Nation and making cer- ica, when it comes to paying our was to be basically a blueprint for all tain that current schools have the United Nations dues? We were a few spending by the Appropriations Com- technology to be able to teach our chil- million dollars away from being dis- mittee. dren as they should. We did not address qualified in voting in the Security I see the Senator from Alaska, the that, either. Council because we continue to stiff chairman of the Appropriations Com- Literally in the closing days of nego- the United Nations year after year mittee, here. I have served on the tiations, President Clinton came to the after year, an agency which we turn to, House Appropriations Committee, and negotiators, to the Republican leaders, as President Bush did with the Persian I know that budget resolution is your and said: This Congress will not leave Gulf war, as we do on a frequent basis, guide, your roadmap, for determining town without doing at least one thing, to try to promote peace in the world how much each department can be one thing for education, but an impor- and to promote the goals of our foreign given in money. Does the President tant thing—reducing, on a nationwide policy. write the budget resolution? No. It is basis, class size in grades kindergarten This Congress refuses to pay our passed by the House, then the Senate. through 3 to no more than 18 students dues. It is an embarrassment. We are a It is enacted by them as a resolution in a classroom. That is what the 100,000 nation which calls on the world to and not a law. The President doesn’t teachers are about, so we have enough meet its moral responsibilities, and yet even sign it. teachers so kids have the kind of atten- we don’t meet our moral responsibility What happened this year? We never tion they need at the earliest time in in paying these dues. That is a dis- passed a budget resolution. For the their educational development. grace, as far as I am concerned. first time in 25 years we failed to pass I happen to think that is one of the There are going to be things in this a budget resolution. Was it the Presi- most important things we could do in 4,000-page bill—I just learned of one. dent’s fault? Not at all. It was the fault our Nation. My wife and I raised three My friend, Senator , of the House and the Senate. You see, children. We are watching a little got on the floor with me—and Senator the Senate passed its version of the grandson grow up right now. You come WELLSTONE remembers the debate budget resolution. When it went over to realize what early childhood devel- —and we talked about all the oil com- to the House, they said, ‘‘We think the opment means. The biggest growth in- panies drilling for oil on publicly surplus is so invigorating we want to dustry in America today is the con- owned land, land owned by the tax- give away $800 billion in tax cuts.’’ struction of prisons. How many of payers, and refusing to pay us a fair Luckily, some Republican Senators— those prisoners might have had a dif- rental based on the cost of the oil. Democrats as well—said that is irre- ferent life if they got off to a better We basically said to the Department sponsible and stopped it in its tracks, start? of the Interior: Adjust that rate; make and that was the end of the discussion. That better start could have been a sure the taxpayers don’t get cheated on Then everything started piling up. better classroom experience, a better this oil. We did not pass a budget resolution. education. Guess what? A provision in this 4,000- We did not pass seven appropriations When I asked the warden of a prison page bill will cost the taxpayers 60 mil- bills. In fact, you would need a blood- in Illinois recently about how many of lion bucks a year so these oil compa- hound and a flashlight to find anything the inmates there came to prison even nies can continue to drill on our land that we have done in the past year that close to any level of competency in that we own as a nation and refuse to we have been in session—with the ex- education, he said fewer than half. pay a fair amount for drilling for that ception of renaming Washington Na- Most people who show up in prison oil. Sound like welfare to anybody? tional Airport after President Reagan. have little or no educational skills. It Sounds like welfare to me, and it is in Here we are, 3 weeks into this new is part of their frustration. I won’t this bill. It is corporate welfare for a fiscal year, without a budget resolution make that as an excuse for committing handful of the biggest oil companies, trying to play catchup. We are fearful a crime, but certainly you can under- and it is shameful. of another Government shutdown, be- stand the frustration and waste in- There are people who take the tele- cause Congress has failed to meet its volved when we don’t use education vision stage and go on the shows and responsibility, and we are moving to well. talk about, Where is the sense of out- try, in one vote in the House today and President Clinton said to the nego- rage in America? Good question. They the Senate tomorrow, to correct the tiators, ‘‘You won’t leave town, you want to address that question as to one

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12710 CONGRESSIONAL RECORD — SENATE October 20, 1998 person. I want to address it as to one marks. I think they were important. I Congress. I think that in the last sev- bill of 4,000 pages. There should be a hope we can translate what the Sen- eral months out here on the floor, as a sense of outrage that this bill was pro- ator from Illinois had to say about this Senator who really believes in coming mulgated in darkness, behind closed bill—not into action tomorrow because out here with amendments and trying doors that literally no one has read, this is a conference report, there are no to respond to people and really do that includes gifts like the $60-million- amendments, it is voted up or down—I something for people, it has been a lit- a-year gift to the oil industry, and God hope it leads to some important tle frustrating to have a process that is knows what else. And here we are. changes in this legislative process. just not open and you are able to do I said to the chairman of the Senate I listened to my colleague from Illi- that. I also understand the majority Budget Committee, ‘‘If we don’t need a nois, and there are two points that he leader and some of what he has had to budget resolution, why do we need a made that I want to build on. The first deal with. Budget Committee?’’ Maybe we can has to do with the way this was done. Now we have a bill before us—I heard start by saving money in the 106th Con- I really think it is not just a question my colleague from Illinois say, I think, gress by eliminating the Budget Com- of the people in the country, whether 25 pounds. I heard it weighs 40 pounds. mittee. We didn’t need it this year be- they be in Illinois, whether they be in Somebody will have to weigh it. It is 2 cause whatever we did certainly wasn’t Minnesota, whether they be in Idaho, feet tall. That is a third of my height, useful. It didn’t produce a budget reso- Alaska or any other State. It is not if you want to believe that. Actually, lution which was so important for all just a question of people in this coun- not quite. I guess I can’t get away with of us. try saying, ‘‘Listen, we want to have that. But it is 2 feet tall, roughly 40 There are provisions in here as well campaigns, not auctions; is there a way pounds, and we haven’t even seen it. that touch people where they live: the we can get this big money out of poli- We have had staff that are now try- whole question, for example, of home tics?’’ But we didn’t do anything in ing to evaluate it. Can you imagine? health care interim payments. There is this Congress. You have eight appropriations bills put a lot of concern, because so many sen- It is not just a question of people into this piece of what Senator BYRD iors and disabled people rely on home saying we are one of 43.5 million people called ‘‘this monstrosity,’’ weighs close health care. The current system needs with no health insurance, or we are el- to 40 pounds, 2 feet tall, and we have to be changed. I will tell you, the so- derly people who are paying a quarter hardly had a chance to look at it. And called ‘‘fix’’ in this bill is no fix at all. of our budget for prescription drugs, or we are going to vote on it tomorrow. We will have to revisit it. It is another I am one of too many examples in the And in all due respect to my col- failure of the 105th Congress, and that country where I was turned down for league from Alaska, I want to be clear is troublesome to me and, I hope, to a care that I needed by a kind of bottom- about it. At least in the time I have lot of others. line medicine with insurance compa- been here—and I am not just trying to Then, of course, we have this dooms- nies too much in control; isn’t there make friends because, boy, if Senator day scenario in the bill which cuts off any protection for me? STEVENS does not agree with you, he is the spending for the Commerce Depart- It is not just bad enough we didn’t re- out on the floor and he makes it clear ment, the State Department, the Jus- spond to any of that. It is not enough what his position is—he is probably the tice Department and the judicial that this Congress did absolutely noth- best there is at getting things done branch of Government as of June 15 of ing, in spite of all of the hype and too here. It is amazing what he can put to- next year. So even with the 4,000-page many of the speeches that were given gether. So I do not think it is a ques- bill, we are not appropriating enough for children in America. I am con- tion of my colleague from Alaska. money to fund those agencies for a vinced that the ultimate indictment of But looking at this overall process, it year. the failure of this Congress to do hard- is no wonder that people lose con- We are postponing, again, facing the ly anything positive for people in our fidence in us. We have to do better. It reality of what needs to be done in this country is the way in which we con- is just unbelievable. It is not true that Nation. All of us who are elected to the tinue to abandon too many children in process does not matter. If this just House and Senate are entrusted with the country and devalue the work of looks like a bunch of behind-the-scenes the responsibility to enforce and live too many adults who work with those deal making, with very few people kind by the Constitution and to meet the children. For all the families that said of deciding what is in and what is out obligations of this country. This 105th to us, Is there some way that you can of a bill that is—how many pages? Congress has failed to do that. The fact make child care more affordable for us; Mr. DURBIN. Four thousand. that we are even here on October 20, is there some way that we can make Mr. WELLSTONE. Four thousand the fact that we are considering this sure that when both of us have to pages. If ordinary citizens—which I mystery bill of 4,000 pages, still unread work, there is good child care for our mean not in a pejorative way, but in a by most, the fact that we don’t know children, child care that we can afford? positive way—have not the faintest what is included, we don’t know what —our response was to do nothing. clue of what is going on, and those of favors have been given to special inter- It is not enough, Mr. President, that us supposed to be representing people est groups or individuals and the fact when it comes to the issue of living- have not been in a position to know that we are going to vote on this al- wage jobs—which I think is going to what kind of decisions have been made, most blindly within the next 24 hours become a bigger and bigger issue. then it is no wonder that people say we is testimony to the fact that this Con- Sometimes I fault my own party for do not believe in this. gress has accomplished little or noth- continuing to talk about the number of I tell you, between what has hap- ing. jobs and the relatively low level of un- pened with this bill and anonymous When the American people are asked, employment. But boy, I will tell you, holds—which is another feature of this What did this Congress do this year, when you add to the equation people process that I really think we have to what did it achieve? they are at a loss who are only working part time be- confront to take on where somebody for words. cause they can’t find the full-time jobs, can just put a hold on something or an The PRESIDING OFFICER. The Sen- or when you add to the equation people individual judge, or whatever; and it is ator’s time has expired. who are working full time, 52 weeks a anonymous; and you never find out Mr. DURBIN. I virtually am at the year, 40 hours a week and are still poor who it is—between that and conference same loss today. I regret that. I yield in America and still look for a raise for committees where even if you pass an the floor. themselves, a decent wage, again, the amendment in both bodies, the con- Mr. WELLSTONE addressed the response of our Congress was to do ference committee can take it out or Chair. nothing. something can be put in, I think we do The PRESIDING OFFICER. The Sen- I don’t think that is the real issue have to do a lot better in this process. ator from Minnesota. that we are faced with here. I want to I think that should be at the top of the Mr. WELLSTONE. I thank the Chair. count myself as someone who is in pro- agenda in the next Congress. Mr. President, let me just thank my found disagreement with a Congress Mr. President, I think that this bill— colleague, Senator DURBIN, for his re- that basically has been a do-nothing and as I speak, I do not even know how

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12711 I will vote on it. On one hand, it is like have also been the desire of every Sen- change the Congress from Democrat Fiddler on the Roof. It is certainly bet- ator on this floor, if we had not had 128 and liberal to Republican and conserv- ter than a Government shutdown. On filed cloture motions in the last 4 ative. And not in 10 years, and not in the other hand, there are some impor- years—cloture motions that were the my lifetime—but in 4 years the budget tant provisions in this bill. There are result of the other side denying or fili- is balanced. And what we are debating some things that are important that bustering given provisions of the proc- here is an appropriations process that have been done. My colleague from Illi- ess that ate up phenomenal amounts of balances the Federal budget and still nois talked about the strong position time. That is not an excuse for any- leaves $60 billion, or near that, in sur- the President took and the strong lead- thing. That is an expression that there plus, to deal with the strengthening ership the President took on making is enough blame to go around for any and saving of Social Security, and also sure that there are more teachers and of the process that gets criticized to deal with some of the emergency ex- how we can reduce class size in grades today by any Member who comes to penditures that the White House said K through 3—critically important. this floor. It takes 60 votes in the Sen- were absolutely necessary and that On the other hand, I do not really ate—if someone does not want the most of us agreed with. know all that is in this bill. I guess process to go forward, for that process So criticize, if you will—and in any that puts you in a position of not nec- to be denied to them—to require then bill this big there is a world of criti- essarily voting—it is hard to vote for the action on any given piece of legis- cism, if you want to be selective—but if or against a bill if you do not really lation. you want to look at the biggest picture know what is in it. But I will tell you, Time and time again, we were faced of all, and that is a fiscal policy in our some things I heard my colleague talk with the reality of having to file clo- country and a monetary policy that have meshed to bring one of the strong- about—special deals for the oil indus- ture. That is substantially more than est economies in the history of the try, corporate welfare for the oil indus- was ever filed by Democrats because world together into the robust char- try, and gosh knows what else has been Republicans forced them to do that. It acter that it is, then you ought to look put in this piece of legislation—makes is the character of the difference—or at that. And that is called a balanced me wonder, makes me wonder. should I say it is the character of the budget, that is called denying this I say this, I think this bill—25 intensity of concern as it relates to the President his $150 billion tax increase, pounds, 40 pounds, 2 feet tall, several issues that came to the floor of the and leaving more money in the pockets thousand pages—that we have not had 105th Congress. I do not deny that. of the average citizens in our country, a chance to review sort of represents Those are facts. That is the reality of and especially the lower middle income our failure to deal with these appro- it. working Americans. And that was not priations bills, deal with this budget, I also say, if the measurement is a a Democrat Congress that did it; it was ‘‘do-nothing Congress,’’ you are darn have an open debate, have an account- a Republican Congress. able political process. And I think this right. We cannot take HMOs and turn I am proud of that. If the Democrats bill that we are supposed to vote up or the world of medicine upside down, as want to call that a do-nothing Con- down on tomorrow—a conference re- some of our colleagues on the other gress, then please call it what you port—represents the profound failure of side wanted us to do. think it is, but tell the truth. We don’t this Congress to do well for people in We did not raise hundreds of billions get it from the White House; we don’t Minnesota and people in the country. I of dollars of new taxes on middle Amer- get it from the President. think that is really what it is all ica through a tobacco provision, as We understand the reality of the about. some of the folks on the other side of work we do. The reality of the work we I yield the floor. the aisle wanted us to do. And we did do—whether we like the process at Mr. CRAIG addressed the Chair. not take the right of free speech away hand —is that the budget is balanced, The PRESIDING OFFICER. The Sen- from the average American in cam- our Nation is in surplus, we will ator from Idaho. paign finance reform, as most of our strengthen Social Security, and we Mr. CRAIG. Mr. President, I have colleagues on the other side of the aisle didn’t raise taxes on the backs of the been on the floor for all of about 15 wanted us to do. American people. There isn’t an econo- minutes. And I have heard—— If we did nothing on those things, we mist in the world today who doesn’t The PRESIDING OFFICER. Does the did a heck of a lot for the freedom of say if it wasn’t for the U.S. economy, floor manager yield time? the average citizen in this country. the world would be in a major reces- Mr. STEVENS. How much time does And that is what ought to be the re- sion, but it is because of the strength the Senator seek? sponsibility of this Congress: to make of our fiscal policy and our monetary Mr. CRAIG. Ten minutes. darn sure that we do not trample on policy combined that drives this great Mr. STEVENS. I yield the Senator 10 the constitutional rights of our citi- economic engine that has more Ameri- minutes. zens. And that we did not do, over the cans working than at nearly any time The PRESIDING OFFICER. The Sen- loud cry and protest of our colleagues in modern history. ator is recognized for 10 minutes. on the other side of the aisle. What about the problems in the Mr. CRAIG. Let me thank the chair- Now, what did we do? Because the farmlands of America in agriculture? man of the Appropriations Committee American public has the right to know Many of my colleagues went home in for yielding time. I think he has prob- what the 105th Congress did. Did we August, like I did, to talk to our farm- ably been here on the floor, as I have, balance the budget? You bet we did. ers, and found our farmers not in reces- for the last few minutes to watch, at In 1981, I introduced one of the first sion but in depression. Nearly every least by rhetoric, a very large piece of constitutional amendments to require commodity price was at or below break appropriations grow well beyond the a balanced budget on the floor of the even, and many of them were well dimension of reality, more into the di- U.S. House of Representatives. And the below break even. We had tried to re- mension of hyperbole. old dogs and the pundits at the time spond in June and July in a very bipar- Let us talk about reality for a few laughed and said, ‘‘Freshman Congress- tisan way. We came back in August, moments, because I suspect that there man, not in your lifetime will you ever dedicated to responding more, and we is no Senator on this floor who will see a balanced budget. Deficit spending did. Democrat and Republican joined today or tomorrow express a great ap- is the way we stimulate the economy alike. preciation for the process under which of this great country. It’s the way we Now, we had a difference in philos- we are now concluding this Congress— give out pork. It is the way we buy po- ophy. But in the end, we came together by the bringing together under an om- litical favor. And it won’t happen in with tremendous benefit for production nibus appropriations bill a variety of your lifetime, Congressman CRAIG’’—at agriculture —both short term, cash-in- appropriations bills that should have that time. ‘‘You’ll not see a balanced the-pocket to the farmer to pay his been dealt with, one by one, on an indi- budget.’’ banker and to pay for his seed and fer- vidual basis. Well, in 1994, the American people tilizer costs and, hopefully, to put food That would have been the desire of spoke. And they spoke in a way they on the table for his family and to get every Senator on this floor. It would had never before. And that was to ready to farm for next year.

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12712 CONGRESSIONAL RECORD — SENATE October 20, 1998 We also did something else. We said you read the facts. If you get caught in We did something else that this what we are doing is short term; let’s the political rhetoric and listen to it, President did not want. We put more do some long-term good. Let’s do what you might be swayed a bit. But if you money into defense. In 1986, after 6 we promised American agriculture we like balanced budgets, if you don’t like years of voting for every defense budg- would do when we passed the 1996 farm to pay more taxes, if you don’t want et from 1981 forward, I quit voting for policy known as Freedom to Farm. the Federal Government telling you defense and started voting against it Let’s give them some permanent man- what to do in a variety of areas—in- because I thought we spent too much agement tools to assure that they can cluding health care—if you want to money. Four years ago, I, once again, strengthen their economic well-being. make sure that we develop and started voting for defense appropria- We did that in this bill, in this bill that strengthen Social Security and provide tions at a time when our President some of our colleagues say they will for the future of our young people, if wouldn’t own up to the fact that he want to vote against because they you want to assure us that you will was sending our troops everywhere haven’t read the fine print. work with us as taxpayers to keep the around the world and pulling that de- Permanent income averaging, accel- American food supply whole, then you fense money from current operating erated 100-percent reduction for self- would say that this Congress did some- budgets and depleting our readiness employed health care insurance pre- thing. and denying our soldiers the kind of miums for both agriculture and small Now, let me, for just a moment, talk environment and lifestyle that I think business—the same thing that big busi- about some of what we ought to do they all deserve. ness has to write off their health care when we get back. There will be a new Finally, this Congress and this nego- Congress. It will convene in January. It costs. Good management, good busi- tiation process in the last 2 weeks said, will be called the 106th. There is no ness. You are darn right it is. We of- ‘‘Mr. President, we are going to stop it question in my mind that we ought to fered it to them. We have also allowed whether you want to or not. We cannot address change. The rules of the Senate them to reach back and pick up losses deny our military its readiness if you that we operate under today were not to carry forward, a tremendous help to are going to use it as a police force written by this Senator. They were, in running all around the world.’’ And we production agriculture. I am proud of large part, by Senators from the other that. I think we ought to be because it put in more money. side of the aisle. I, and other Senators That process shouldn’t have hap- was a promise made and a promise on this side of the aisle, have not had kept. pened in a small room with a few nego- the votes to change those rules. Some tiators, but it did. By the way, it We also dropped a couple of sanctions of those rules ought to change. Why that were denying us the ability to sell wasn’t in the dark of night; and by the should we take 60 votes to lower taxes? way, the room wasn’t closed. But by some of our product in world markets, Why should we penalize ourselves for with the pledge from our chairman of the character of where this White wanting to return money to the Amer- House caused us to go, that is ulti- the Senate Agriculture Committee ican people? We shouldn’t. It only mately how the process got conducted, that will do even more of that next takes 51 votes to spend money; why with fewer than the whole process and year. That was all done in a bipartisan should it take more than that to deny fewer than all of those who should have way. We can pick around the edges and Congress the right to spend? Those are we can criticize the process, and my been there. some changes that we ought to make. We have our work to do in the com- guess is there is lots of room for that. What we saw in this process in the ing year, and I hope we can make some As a conservative, I am as much a last couple of weeks is something that reforms. I am one that would like to critic of that as anyone. But I am also I don’t enjoy. The legislative and the see us streamline this process a good a realist. I am proud of a balanced executive branches are coequal deal more and change some of the rules budget and I am proud we have a sur- branches of Government, but our budg- that allow for a more predictable out- plus. I am excited that the surplus goes et and our appropriations process to strengthen Social Security and pay didn’t work the way we wanted it to come. But in the end, I am not going to down our debt. And I am pleased that work. We could never engage the White be one standing on the street corner in a real sense we were able to address House until they chose to be engaged. trying to beckon attention to the fact the problems of American agriculture. You heard on this floor, and it was a that the 105th Congress was some Con- I am pleased that in a real sense we fact of life, that our President spent gress that did nothing. We didn’t do a were able to address the problems of most of the year out of town. I am con- lot of what some of our liberal col- people who had lived in a crisis because fident it wasn’t too comfortable in the leagues wanted, and that is probably of Mother Nature, and we responded to Oval Office because he spent most of why they yell out today. We did not ad- that. his time out of town either in foreign dress the White House agenda in so I also recognize that my colleagues countries or raising money for his col- many areas; we did not tax middle on the other side of the aisle had a lot leagues. It wasn’t until the last 3 America; we did not take away flexi- of heavy lifting to do when it came to weeks that we finally got his atten- bility from health care recipients; nor trying to represent this White House. tion. It was only in the last 2 weeks did we handcuff the provided. They wanted to talk about saving So- that the White House finally came to Most importantly, we balanced the cial Security, yet the President never the Hill to negotiate. That isn’t the budget. We left a surplus. We are di- sent up one bill to address the Social way it ought to be but that is the way recting it at Social Security. I believe Security problem. They wanted to rail it was. that is a hallmark, and I think the on about taxes and teenage smoking, Did the President get some of what 105th Congress can be credited with yet the President did not send up one he wanted? Yes, he did. Did he get all doing more for the American economy bill to deal with it. of what he wanted? Absolutely not. In and more for the working people of our The PRESIDING OFFICER. The time fact, he got little of what he wanted. country by keeping them employed in of the Senator has expired. All you hear about the President’s good, high-paying jobs and not taking Mr. STEVENS. I ask unanimous con- gains are 100,000 teachers. I don’t mind more out of their pocket than any sent that the time allocated to Senator spending money for 100,000 teachers as other Congress in history. That is a GREGG be vitiated, and I yield the Sen- long as it is under a formula where 30 record I will stand by. That is a record ator from Idaho the time reserved for percent of it doesn’t stay in Wash- I think most of our colleagues will Senator GREGG. ington to fund the Department of Edu- want to stand by. If you believe as I do, The PRESIDING OFFICER. Without cation; in this instance it doesn’t. It is then I think you ought to vote ‘‘yes’’ objection, it is so ordered. block granted, in large part, back to tomorrow—‘‘yes’’ on an appropriations The Senator from Idaho. the States and the local educational process that is finalized, with all of Mr. CRAIG. I thank my chairman for units. I don’t think that is a Democrat those hallmarks of accomplishment yielding. idea. I think that is a Republican idea. and success and a balanced budget, and What I have talked about is the re- I am proud of that. I think most of our an economy that is strong, and a work ality of the 105th Congress. Will it go colleagues, when they look at it, will force in America that is working, and a down as a do-nothing Congress? Not if be. sense of security and well-being that

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12713 has not been felt in decades. I am proud water fountain and two . idea. How did this start? On April 15, of that, and I credit the 105th Congress One of the rooms those kids study the law requires that Congress pass a for delivering it. music in stinks of sewer gas once or budget. That is what the law requires. I yield the floor. twice a week and they have to vacate It says Congress must pass a budget. Mr. DORGAN addressed the Chair. the room. Half of the school has been This Congress said, no, we have decided The PRESIDING OFFICER (Mr. condemned. But there’s no money for not to pass a budget. We have a bunch HAGEL). The Senator from North Da- that little girl and her classmates. We of folks that are feuding, so we will de- kota is recognized. just can’t afford it. cide not to pass a budget at all. Then Mr. DORGAN. Mr. President, am I to But let me tell you what we could af- they decided that because we can’t be recognized for 15 minutes? ford. Stuck somewhere in the 4,000 agree on a budget, we just won’t pass The PRESIDING OFFICER. The Sen- pages, deep in the bowels of that car- all of our appropriations bills. So they ator is correct. cass, are lucrative Subpart F Active stagger to the end of the 105th Con- Mr. DORGAN. Mr. President, the Financing Provisions. This means $495 gress, having no budget, few completed 105th Congress is limping to a close, million of revenue loss to our Govern- appropriations bills, and they create and I listened to my colleague from ment, and an enormous tax windfall to this 4,000-page mountain. Then you Idaho who, incidentally, I think is a a select group of large multinational have a bunch of folks who say: If there good legislator and does good work in financial service businesses. It says to is going to be a pile here, let me stick this Chamber. He is someone with them, in effect, that we provide an in- something in the pile. So the pile whom I am pleased to work on a wide centive in our Tax Code for them to grows. range of issues, including agricultural take their businesses—and the jobs And here we are. I don’t happen to issues. they provide—overseas. This bill not think that this is just one party’s But I must say that I have a different only extends this misguided incentive fault. I agree with the Senator from view of the 105th Congress. Abraham for one additional year at a cost of $260 Idaho on that point, although I reject Lincoln once said, ‘‘Die when I may. million; it also makes matters worse his implication that somehow the Let it be said by those who know me by expanding it by another $235 mil- Democratic Members were hindering best that I always picked a thistle and lion, despite strong opposition from the the business of the Senate and there- planted a flower where I thought a Treasury Department. It is now a $495 fore, cloture motions had to be filed. flower would grow.’’ million gift to say to the financial That is not true at all. In fact, I can tell you example after Let me talk for a minute about this- services industry of this country: Move example after example when a bill is tles and flowers. There is apparently a overseas, hire foreign workers, take brought to the floor, and before there 4,000 page bill lying in state—Lord your business and jobs elsewhere and is any debate—and certainly before knows in what room; I guess it’s over we will give you a large tax cut for there are any amendments—cloture here in 224. I heard the previous speak- doing it. What a terrible thing to do, at motions are filed at the desk to say, er from Minnesota say it was 40 a time when we don’t have money to do pounds. I expect that is a guess because ‘‘No, we haven’t had any amendments the important things here. We are told, yet, but we want to foreclose amend- he probably didn’t weigh it. I guess gee, there is plenty of money for some- that the Presiding Officer, the Senator ments; we want to shut off debate.’’ body to slip somewhere in the middle What kind of practice is that? That from Minnesota, and most other Sen- of those 4,000 pages for a special little doesn’t make any sense. That is imped- ators here have not read it. It is a proc- deal for some very big taxpayers who ing work of the Senate. That is saying ess that results in a lot of concern here want to do business elsewhere and get we want to have a legislative body in in the Congress. There are 4,000 pages paid for it. Bob Wills of the Texas Play- which there is supposed to be debate, on display. boys talked about this in the 1930s: and we want to cut off debate. We don’t The whole country is moving toward ‘‘The little bee sucks the blossom and want debate. We don’t want you to miniaturization and we are going in ex- the big bee gets the honey; the little offer your amendments. We think our actly the opposite direction. On the guy picks the cotton and the big guy legislation is so good that no one can final day of the legislative session, we gets the money.’’ improve it, and, by the way, you have are going to have a 4,000-page bill—a Why is it that every time you turn no right to offer amendments. That is third of the Federal budget—presented around here and reach into 4,000 pages, what these cloture motions are about. in the Senate, and we are told to vote you find something like this? This is With respect to the question of where up or down on this. ‘‘We assume you just one example. You talk about ab- we are and the balanced budget that have read it, even though we know you surdity at a time when we’re told that was mentioned by one of the previous just got back into town.’’ our priorities aren’t affordable. You speakers, there is no question that Let me talk about a thistle for just a can’t invest in the Cannonball or Ojib- both parties contributed to a better fis- minute. In this piece of legislation is a wa School; there’s not enough money. cal policy. But it started in 1993 with a provision called section 1005 of the Rev- But there is plenty of money for the piece of legislation proposed by this enues and Medicare part of the Omni- big shots. President that was unpopular. I voted bus Bill, which contains the so-called Let me talk for just a minute about for it. The easiest thing would have Subpart F Active Financing Provi- how we got to this point. The Senator been to vote no. It passed by one vote sions. Now, there might be a couple of from Idaho talked about it at some here in the Senate and one vote in the Americans who are intimately familiar length. While I disagree with some of House and became law. It began the with Subpart F of the Tax Code and its his conclusions, I think most people long trail towards stable fiscal policy Active Financing Provisions—but not would view this process—coming to the and getting rid of the Federal budget many. These provisions were added at a end stage of this Congress with 4,000 deficit. time when I spent a lot of time on this pages to be voted on in one vote, with When we cast that vote, the expecta- floor trying to get some money for the a third of the Federal budget appro- tion that year was a $290 billion Fed- construction of Indian schools, for the priated in one large piece of legisla- eral budget deficit; completely out of Ojibwa School that is falling apart. tion—as a terrible legislative practice. balance. We were told by some on the Kids are walking between trailers in Does anybody think that makes sense? other side of the aisle, if you do this, the winter with howling winds blowing Instead of passing the bills as they you are going to wreck this country’s and are going back and forth to trail- should be passed by Congress, where economy; if you do this, you are going ers. These are conditions that every they can be debated and amended, you to throw this country into a recession; study says are unsafe, but you can’t put them all in a big package at the if you do this, you will kill jobs. You get money to improve these conditions; end so that you just have one vote. It will throw this country into a depres- there’s not enough money. Or the Can- is just a lot more convenient. That way sion, we were told. Well, we did it, be- nonball School, where a little girl you don’t have to amend and debate all cause the American people understood named Rosie said to me, ‘‘Mr. Senator, these things. the fiscal policy we were on. They un- will you buy us a new school?’’ There Does anybody think that is a good derstood that the road we were trav- are 150 kids there, and there’s only one idea? I don’t. I think it is a terrible eling was destructive to this country’s

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12714 CONGRESSIONAL RECORD — SENATE October 20, 1998 interest. They wanted us to make the when prices collapse it is going to have Mr. President, let me conclude by tough choices. And we did. to help build a bridge across those saying that I hope we will never again Guess what? We have wrestled that price valleys, because, if not, the fam- be confronted with this circumstance budget deficit to the ground. We now ily farmers won’t get across the valley. at the end of a Congress. I understand have a budget that is very close to They will just wash out and be gone. that at the end of Congress there is being in balance. We now have an econ- And we will have corporate farmers wrap-up. Sometimes a bill or two omy that is growing. Inflation is al- farming America from the west coast doesn’t get passed. Sometimes you most gone. Home ownership is the to the east coast, and we will still have wrap one or two bills into a package. highest in 30 years. Unemployment is crops growing. There will just be no But this is not a good way to legislate. down, down—way down. Things are bet- people living out on the land. And this It is, in my judgment, subverting the ter in this country. country will have lost something im- legislative process—the regular order Starting in 1993, when the American portant. of bringing bills to the floor so we have people saw that Congress was willing We did something at the end of this open debate and amendments, when at to make tough choices, we did it alone. session. We reached some bipartisan the end all of these things are put into There was not one vote from the other agreement on an emergency package. one large package, and we are told to side of the aisle. But I will say this: But it wasn’t enough. It was nearly $2 just read it, think about it, and then The Republican Party has helped after billion short of what the President re- vote on it. that 1993 vote. They also provided some quested, nearly $3 billion short of what I don’t think that is the best that assistance with a fiscal policy that is the commissioners of agriculture and this Congress can offer the American better for this country, and we ought the Farm Belt said was necessary to people. I hope this will be the last to have more of that. We ought to have address this farm crisis. We will be chapter of this kind of congressional more bipartisanship and more coopera- right back in this set of circumstances action, or lack of it. tion to do the right things for this in January, February and March as Mr. President, finally, the chairman country’s future. farmers begin to consider spring plant- of the full Appropriations Committee The difference is, it seems to me, ing. is on the floor. I thank him for his that a product of debate ought not be With respect to the agriculture pack- work. I have not been complimentary of the about aggregate fiscal policy, but rath- age, we did get nearly $1 3/4 billion process, but I know Senator STEVENS er about priorities. What represents more because we fought and because we and Senator BYRD and their staffs, and the priorities for our country’s future? did accept the admonition of some to many others, have spent an enormous What should we do that is important? take what they are willing to give you Again, I think where I would disagree amount of time trying to put this and quit. There was $100 million more with some previous speakers is that package together simply because the for the family farmers of my State. Is doing nothing ought not be a badge of Congress did not get its work done dur- that important? Yes. Some will sur- honor when the agenda of this country ing the year. I compliment them for vive. Some who would not have sur- cries out to do something to address their work to try to do that. I know, vived without it will survive to be able critical needs. We should have done especially from a staff standpoint, something on managed care reform. We to continue farming in the future. what kind of effort and time was re- I have mentioned a couple of times should have said to HMOs in this coun- quired to get this to this point. the letter from a young boy named try, you must tell patients all of their Mr. President, I yield the floor. Wyatt in North Dakota, a sophomore medical options for treatment—not Mr. STEVENS addressed the Chair. in high school, the son of a family just the cheapest. You must do that. The PRESIDING OFFICER. The Sen- farmer who wrote to me, and said, ‘‘Mr. You must provide reimbursement for ator from Alaska. Senator, my dad can feed 180 people, emergency care when someone shows Mr. STEVENS. Mr. President, I up at an emergency room. and he can’t feed his family.’’ This thank the Senator for his comments I told the story—there are stories young boy wanted to know what kind concerning Senator BYRD and myself. I that go on forever—of a woman who of a system allows that to happen. This do want to emphasize just a few things broke her neck, comes to an emergency country needs to do better by family as we close. room unconscious, and is told later, farmers. In this year, the Appropriations Com- ‘‘We will not reimburse you for the I was impressed that we could work mittee has tried very hard to move for- emergency room stay because you together on a bipartisan basis toward ward as quickly as possible to get bills didn’t have prior approval.’’ the end of this session. I hope we can before the Senate as early as possible Those are the kinds of things that do the same at the start of the next so that this would not happen. have been going on in managed care in session to address many of these issues. I wish to place in the RECORD a sta- the name of saving money, but actu- Let me complete my comments. tus of appropriations bills in the sec- ally degrade and diminish health care There are so many issues in this om- ond session of this 105th Congress. It standards. This Congress certainly nibus appropriations bill. One of them shows, and I have circled—and I hope should have addressed this issue. Doing is an issue that I have worked on with in the RECORD they will highlight those nothing is not a badge of honor on this the Senator from Alaska, Senator STE- dates circled—the days that the Appro- issue of managed care reform. VENS, and Senator BYRD, that will cre- priations Committee first brought to Certainly, it is not a badge of honor ate a trade deficit review commission. the Senate’s attention its work prod- that we weren’t able to pass FAA re- The reason I mention this is because uct of the 13 subcommittees that deal form. We should have done that. That today the new trade deficit numbers with appropriations measures. They piece of legislation included an amend- were released for this month. It shows were all in June and July, with the ex- ment of mine that would have substan- a $2 billion increase, the largest trade ception of one bill, Labor, Health and tially changed the way the major air- deficit in the history of this country, Human Services, which was brought lines have to connect with regional jet the largest trade deficit in the history first to the Senate’s attention on Sep- carriers. And we would have more re- of human kind. We have wrestled the tember 1 when we held the full com- gional jet carriers in this country, fiscal policy budget deficit to the mittee meeting and reported the bill to more competition and lower prices for ground, and our trade deficit is swell- the Senate on September 3. This was airfares had we passed that piece of ing and growing, and we need to do because of the illness of one of our col- legislation. I regret that it was not something about it. This omnibus leagues. But all of these bills were done. package will include a requirement available for the Senate to act on and Let me also mention the issue of that a trade deficit review commission for the Congress to act on very early. family farmers and the farm crisis in be established, and that recommenda- This also shows the action by the our part of the country. I know there is tions will be made to Congress on how House committee under Chairman LIV- a difference of philosophy about this. to deal with those issues. I hope the INGSTON—probably one of the earliest But there ought not be. Congress will be able to take some periods in history when all of the bills If this country wants family farmers steps early in the next session of Con- were completed, except one to bring be- in its future, it ought to decide that gress to respond to that issue. fore the House, and the delay has not

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12715 been the delay of the appropriations lead in the uniform of the U.S. mili- tains eight separate bills plus three process; but it has been caused by the tary. supplemental appropriations bills. It process of handling those bills once We have not been able to handle one contains really 11 appropriations bills. they were reported to the House and basic problem, and that is the problem The total adds up to almost $1/2 tril- Senate. over the pension system. I hope that lion. It is large in the sense of spend- I decry the process also, as so many the Armed Services Committee early ing, but we do spend a lot of money as people have here today, but I am not next year will address that problem a large Government, and we have kept ashamed of the work product. I have and that we can present in the first these bills to the minimum in terms of signed my name to the work product, bills brought out to the floor by the the appropriations process. These nego- as Chairman LIVINGSTON has, and a ma- Appropriations Committees money to tiations that we have been talking jority of both of our committees has fund the restoration of a pension sys- about added $20 billion to that total— endorsed these bills to be reported to tem that is adequate and is an incen- plus $20 billion. the House and Senate. tive to people to stay in uniform and I do believe that the bill is a good We are still the largest military particularly to use the skills they have one, and I urge our colleagues tomor- power in the world, the last superpower developed as members of the armed row to vote for it. in the world. We have added $7.5 billion services in our defense. so the men and women who serve us in Mr. President, this is a good bill. I I ask unanimous consent that the uniform can be fully equipped, they can know a lot of people are going to vote ‘‘Status of Appropriations″ be printed be assured we are trying to get them against it for one reason or another, in the RECORD. the best systems available, and we are but I hope that the public understands, There being no objection, the mate- doing our best to restore the lifestyle while this is the largest bill to ever be rial was ordered to be printed in the we believe a person should be able to presented, it is large because it con- RECORD, as follows: STATUS OF APPROPRIATIONS MEASURES, SECOND SESSION, ONE HUNDRED FIFTH CONGRESS [As of October 17, 1998]

House Senate Report Conference Law ap- Public Measure of subcommittee Bill and report(s) filed Sub- Full com- Sub- Full com- report proved Law committee mittee Floor committee mittee Floor

Veto override of a bill disapproving the military construction cancella- H.R. 26311 Feb 5 Feb 25 105 –159 tions. 1998 supplemental emergency appropriations...... H.R. 3579 Mar 24 Mar 31 Mar 31 2 Apr 30 May 1 105 –174 H. Rpt. 105–469 Mar 27 H: Apr 30 S: Apr 30 1998 supplemental appropriations...... H.R. 3580 Mar 24 H. Rpt. 105–470 Mar 27 1998 supplemental appropriations for natural disasters and peace- S. 1768 Mar 17 (3) keeping.. S. Rpt. 105–168 Mar 17 1998 International Monetary Fund ...... S. 1769 Mar 17 (4) S. Rpt. 105–169 Mar 17 Agriculture and Rural Development 1999...... S. 2159 Jun 9 Jun 11 S. Rpt. 105–212 Jun 11 H.R. 4101 Jun 10 Jun 16 Jun 24 Jul 16 5 Oct 2 Vetoed 6 H. Rpt. 105–588 Jun 19 H: Oct 2 Oct 8 H. Rpt. 105–763 Oct 2 S: Oct 6 Commerce, Justice, State, and Judiciary 1999...... S. 2260 Jun 23 Jun 25 Jul 23 S. Rpt. 105–235 Jul 2 H.R. 4276 Jun 24 Jul 15 Aug 6 Aug 31 7 H. Rpt. 105–636 Jul 20 Defense 1999 ...... S. 2132 Jun 2 Jun 4 S. Rpt. 105–200 Jun 4 H.R. 4103 Jun 5 Jun 17 Jun 24 Jul 30 8 Sep 23 Oct 17 ...... H. Rpt. 105–591 Jun 22 H: Sep 28 ...... H. Rpt. 105–746 Sep 25 S: Sep 29 District of Columbia 1999...... S. 2333 Jul 21 S. Rpt. 105–254 Jul 21 H.R. 4380 Jul 24 Jul 30 Aug 7 H. Rpt. 105–670 Aug 3 Energy and Water Development 1999 ...... S. 2138 Jun 2 Jun 4 Jun 18 S. Rpt. 105–206 Jun 5 H.R. 4060 Jun 10 Jun 16 Jun 22 Jun 23 9 Sep 24 Oct 7 105 –245 H. Rpt. 105–581 Jun 16 H: Sep 28 H. Rpt. 105–749 Sep 25 S: Sep 29 Foreign Operations 1999 ...... S. 2334 Jul 21 Sep 2 S. Rpt. 105–255 Jul 21 H.R. 4569 Jul 15 Sep 10 Sep 17 H. Rpt. 105–719 Sep 15 Interior 1999 ...... S. 2237 Jun 23 Jun 25 S. Rpt. 105–227 Jun 26 H.R. 4193 Jun 18 Jun 25 Jul 23 H. Rpt. 105–609 Jul 8 Labor, HHS, Education 1999 ...... S. 2440 Sep 1 Sep 3 S. Rpt. 105–300 Sep 8 H.R. 4274 Jun 23 Jul 14 H. Rpt. 105–635 Jul 20 Legislative Branch 1999 ...... S. 2137 Jun 4 S. Rpt. 105–204 Jun 5 H.R. 4112 Jun 10 Jun 18 Jun 25 Jul 21 Sep 18 H. Rpt. 105–595 Jun 23 H: Sep 24 H. Rpt. 105–734 Sep 22 S: Sep 25 Military Construction 1999 ...... S. 2160 Jun 11 S. Rpt. 105–213 Jun 11 H.R. 4059 Jun 10 Jun 16 Jun 22 Jun 25 10 Jul 23 Sep 20 105 –237 H. Rpt. 105–578 Jun 16 H: Jul 29 H. Rpt. 105–647 Jul 24 S: Sep 1 Transportation 1999 ...... S. 2307 Jul 8 Jul 14 Jul 24 S. Rpt. 105–249 Jul 15 H.R. 4328 Jul 16 Jul 22 Jul 30 Jul 30 11 H. Rpt. 105–648 Jul 24 Treasury and General Government 1999 ...... S. 2312 Jul 14 S. Rpt. 105–251 Jul 15 H.R. 4104 Jun 11 Jun 17 Jul 16 Sep 3 12 Oct 1 H. Rpt. 105–592 Jun 22 (13) H. Rpt. 105–760 Oct 1 Oct. 7 H. Rpt. 105–789 Oct 7 H: Oct 7 VA, HUD, and Independent Agencies 1999 ...... S. 2168 Jun 9 Jun 11 Jul 17 S. Rpt. 105–216 Jun 12 H.R. 4194 Jun 18 Jun 25 Jul 29 Jul 30 14 Oct 1 H. Rpt. 105–610 Jul 8 H: Oct 6 H. Rpt. 105–769 Oct 5 S: Oct 8 Continuing Resolution 1999 (to October 9) ...... H.J. Res. 128 Sep 17 Sep 17 (15) Sep 25 105 –240 Further Continuing Resolution (to October 12)...... H.J. Res. 133 Oct 9 Oct 9 (15) Oct 9 105–249

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12716 CONGRESSIONAL RECORD — SENATE October 20, 1998 STATUS OF APPROPRIATIONS MEASURES, SECOND SESSION, ONE HUNDRED FIFTH CONGRESS—Continued [As of October 17, 1998]

House Senate Report Conference Law ap- Public Measure of subcommittee Bill and report(s) filed Sub- Full com- Sub- Full com- report proved Law committee mittee Floor committee mittee Floor

Further Continuing Resolution (to October 14)...... H.J. Res. 134 Oct 12 Oct 12 (15) Oct 12 105 –254 Further Continuing Resolution (to October 16)...... H.J. Res. 135 Oct 14 Oct 14 (15) Oct 14 105 –257 Further Continuing Resolution (to October 20)...... H.J. Res. 136 Oct 16 Oct 16 (15) Oct 16 105 – Fiscal year 1998 revised 302(b) ...... S. Rpt. 105–271 Jul 28 Fiscal year 1999 302(b) ...... S. Rpt. 105–191 May 14 Fiscal year 1999 latest 302(b) ...... S. Rpt. 105–382 Oct 8 1 H.R. 2631 was vetoed on November 13, 1997. 2 Senate passed H.R. 3579 after substituting the text of S. 1768 as read a third time on March 26. 3 On March 26, S. 1768 read a third time, text was subsequently incorporated in H.R. 3579. 4 Substance of S. 1769, as reported, was incorporated in modified form in S. 1768. On March 26, a unanimous consent agreement was entered that when the Senate receives the House companion measure making supplemental appro- priations for the International Monetary Fund (IMF], that all after the enacting clause be stricken and the text of the IMF title of S. 1768 be substituted and the bill pass. 5 Senate passed H.R. 4101 after substituting the text of S. 2159 as read a third time on July 16. 6 Veto message (H. Doc. 105–321) referred to House Committee on Appropriations on October 8. 7 Senate passed H.R. 4276 after substituting the text of S. 2260 as passed. 8 Senate passed H.R. 4103 after substituting the text of S. 2132 as read a third time on July 30. 9 Senate passed H.R. 4060 after substituting the text of S. 2138 as passed. 10 Senate passed H.R. 4059 after substituting the text of S. 2160 as read a third time on June 25. 11 Senate passed H.R. 4328 after substituting the text of S. 2307 as passed. 12 Senate passed H.R. 4104 after substituting the text of S. 2312 as read a third time on September 3. 13 House recommitted conference report on October 5. 14 Senate passed H.R. 4194 after substituting the text of S. 2138 as passed. 15 Passed Senate without amendment.

Mr. STEVENS. I ask unanimous con- To the Congress of the United States: H.J. Res. 136. Joint resolution making fur- sent it be in order to ask for the yeas Section 202(d) of the National Emer- ther continuing appropriations for the fiscal and nays. gencies Act (50 U.S.C. 1622(d)) provides year 1999, and for other purposes. The PRESIDING OFFICER. Without for the automatic termination of a na- The message also announced that the objection, it is so ordered. tional emergency unless, prior to the House has passed the following bills, Mr. STEVENS. I ask for the yeas and anniversary date of its declaration, the without amendment: nays on this bill. President publishes in the Federal Reg- S. 1773. An act to amend the Food Stamp The PRESIDING OFFICER. Is there a ister and transmits to the Congress a Act of 1977 to require food stamp State agen- sufficient second? notice stating that the emergency is to cies to take certain actions to ensure that food stamp coupons are not issued for de- There appears to be a sufficient sec- continue in effect beyond the anniver- ceased individuals, to require the Secretary ond. sary date. In accordance with this pro- of Agriculture to conduct a study of options The yeas and nays were ordered. vision, I have sent the enclosed notice for the design, development, implementa- Mr. STEVENS. Mr. President, I yield to the Federal Register for publication, tion, and operation of a national database to back the remainder of the time that stating that the emergency declared track participation in federal means-tested has been allocated to the Senator from with respect to significant narcotics public assistance programs, and for other West Virginia and myself. purposes. traffickers centered in Colombia is to S. 2241. An act to provide for the acquisi- The PRESIDING OFFICER. Without continue in effect for 1 year beyond Oc- tion of lands formerly occupied by the objection, it is so ordered. tober 21, 1998. Franklin D.Roosevelt family at Hyde Park, Mr. STEVENS. Mr. President, that The circumstances that led to the New York, and for other purposes. closes debate on this bill. declaration on October 21, 1995, of a na- S. 2272. An act to amend the boundaries of f tional emergency have not been re- Grant-Kohrs Ranch National Historic Site in the State of Montana. MESSAGES FROM THE PRESIDENT solved. The actions of significant nar- cotics traffickers centered in Colombia The message further announced that Messages from the President of the continue to pose an unusual and ex- the House has agreed to the following United States were communicated to traordinary threat to the national se- concurrent resolutions, without the Senate by Mr. Williams, one of his curity, foreign policy, and economy of amendment: secretaries. the United States and to cause unpar- S. Con. Res. 83. Concurrent resolution re- EXECUTIVE MESSAGES REFERRED alleled violence, corruption, and harm membering the life of George Washington As in executive session the Presiding and his contributions to the Nation. in the United States and abroad. For S. Con. Res. 120. Concurrent resolution to Officer laid before the Senate messages these reasons, I have determined that redesignate the United States Capitol Police from the President of the United it is necessary to maintain in force the headquarters building located at 119 D States submitting sundry nominations broad authorities necessary to main- Street, Northeast, Washington, D.C., as the which were referred to the appropriate tain economic pressure on significant ‘‘Eney, Chestnut, Gibson, Memorial Build- committees. narcotics traffickers centered in Co- ing.’’ (The nominations received today are lombia by blocking their property sub- The message also announced that the printed at the end of the Senate pro- ject to the jurisdiction of the United House agrees to the amendment of the ceedings.) States and by depriving them of access Senate to the bill (H.R. 700) to remove f to the United States market and finan- the restriction on the distribution of certain revenues from the Mineral REPORT CONCERNING THE CON- cial system. Springs parcel to certain members of TINUATION OF THE NATIONAL WILLIAM J. CLINTON. the Agua Caliente Band of Cahuilla In- EMERGENCY WITH RESPECT TO THE WHITE HOUSE, October 19, 1998. dians. NARCOTICS TRAFFICKERS CEN- f The message further announced that TERED IN COLOMBIA—MESSAGE pursuant to the provisions of section FROM THE PRESIDENT RE- MESSAGE FROM THE HOUSE 168(b) of Public Law 102–138 and clause CEIVED DURING RECESS—PM 164 RECEIVED DURING RECESS 8 of rule I, the Speaker appoints the Under the authority of the order of Under the authority of the order of following Members of the House to the the Senate of January 7, 1997, the Sec- the Senate of January 7, 1997, the Sec- British-American Interparliamentary retary of the Senate, on October 19, retary of the Senate, on October 16, Group: Mr. BEREUTER, Mr. REGULA, Mr. 1998, during the recess of the Senate, 1998, during the recess of the Senate, BOEHLERT, Mr. BATEMAN, Mr. GILLMOR, received the following message from received a message from the House of Mrs. ROUKEMA, Mr. BALLENGER, Mr. the President of the United States, to- Representatives announcing that the BLUNT, Mr. SISISKY, Mr. PICKETT, Mr. gether with an accompanying report; House has passed the following joint WISE, and Mr. TANNER. which was referred to the Committee resolution, in which it requests the The message also announced that the on Foreign Relations. concurrence of the Senate: House has agreed to the resolution (H.

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12717 Res. 601) that the bill of the Senate (S. applicants whose visa processing was sus- certain requirements and to improve the 361) entitled the ‘‘Rhinoceros and Tiger pended during fiscal year 1998 due to em- flow of interstate commerce. Conservation Act of 1998,’’ in the opin- bassy bombings. H.R. 678. An act to require the Secretary of H.R. 4829. An act to authorize the Sec- the Treasury to mint coins in commemora- ion of this House, contravenes the first retary of the Interior to transfer administra- tion of Thomas Alva Edison and the 125th an- clause of the seventh section of the tive jurisdiction over land within the bound- niversary of Edison’s invention of the light first article of the Constitution of the aries of the Home of Franklin D. Roosevelt bulb, and for other purposes. United States and is an infringement of National Historic Site to the Archivist of the H.R. 700. An act to remove the restriction the privileges of this House and that United States for the construction of a vis- on the distribution of certain revenue from such bill be respectfully returned to itor center, and for other purposes. the Mineral Springs parcel to certain mem- the Senate with a message commu- H.R. 4831. An act to temporarily reenact bers of the Agua Caliente Band of Cahuilla chapter 12 of title 11 of the United States nicating this resolution. Indians. Code. H.R. 1197. An act to amend title 35, United ENROLLED BILLS AND JOINT RESOLUTION H.J. Res. 137. Joint resolution making fur- States Code, to protect patent owners SIGNED ther continuing appropriations for the fiscal against the unauthorized sale of plant parts The message further announced that year 1999, and for other purposes. taken from plants illegally reproduced, and the Speaker has signed the following The message also announced that the for other purposes. enrolled bills and enrolled joint resolu- House has agreed to the following con- H.R. 1274. An act to authorize appropria- tion: current resolutions, in which it re- tions for the National Institutes of Stand- ards and Technology for fiscal years 1998 and H.R. 2431. An act to express United States quests the concurrence of the Senate: 1999, and for other purposes. foreign policy with respect to, and to H. Con. Res. 351. Concurrent resolution di- H.R. 1702. An act to encourage the develop- strengthen United States advocacy on behalf recting the Clerk of the House of Representa- ment of a commercial space industry in the of, individuals persecuted in foreign coun- tives to make a technical correction in the United States and for other purposes. tries on account of religion; to authorize enrollment of the bill H.R. 3910. H.R. 1756. An act to amend chapter 53 of United States actions in response to viola- H. Con. Res. 352. Concurrent resolution di- title 31, United States Code, to require the tions of religious freedom in foreign coun- recting the Clerk of the House of Representa- development and implementation by the tries; to establish an Ambassador at Large tives to make technical corrections in the Secretary of the Treasury of a national for International Religious Freedom within enrollment of a bill. money laundering and related financial the Department of State, a Commission on The message further announced that crimes strategy to combat money laundering International Religious Freedom, and a Spe- the House agrees to the amendment of and related financial crimes, and for other cial Adviser on International Religious Free- the Senate to the bill (H.R. 1197) to purposes. dom within the National Security Council; H.R. 1853. An act to amend the Carl D. Per- and for other purposes. amend title 35, United States Code, to protect patent owners against the un- kins Vocational and Applied Technology S. 1976. An act to increase public awareness Education Act. of the plight of victims of crime with devel- authorized sale of plant parts taken H.R. 2000. An act to amend the Alaska Na- opmental disabilities, to collect data to from plants illegally reproduced, and tive Claims Settlement Act to make certain measure the magnitude of the problem, and for other purposes. clarifications to the land bank protection to develop strategies to address the safety The message also announced that the provisions, and for other purposes. and justice needs of victims of crime with House agrees to the amendment of the H.R. 2186. An act to authorize the Sec- developmental disabilities. Senate to the bill (H.R. 1756) to amend retary of the Interior to provide assistance S. 1892. An act to provide that a person to the National Historic Trails Interpretive closely related to a judge of a court exer- chapter 53 of title 31, United States Code, to require the development and Center in Casper, Wyoming. cising judicial power under article III of the H.R. 2281. An act to amend title 17, United United States Constitution (other than the implementation by the Secretary of States Code, to implement the World Intel- Supreme Court) may not be appointed as a the Treasury of a national money laun- lectual Property Organization Copyright judge of the same court, and for other pur- dering and related financial crimes Treaty and Performances and Phonograms poses. strategy to combat money laundering Treaty, and for other purposes. H.J. Res. 136. Joint resolution making fur- and related financial crimes, and for H.R. 2370. An act to amend the Organic Act ther continuing appropriations for the fiscal to Guam to clarify local executive and legis- year 1999, and for other purposes. other purposes. The message further announced that lative provisions in such act, and for other Under the authority of the order of the House has passed the following bill, purposes. the Senate of January 7, 1997, the en- H.R. 2327. An act to provide for a change in with an amendment, in which it re- rolled bills and joint resolution were the exemption from the child labor provi- quests the concurrence of the Senate: signed subsequently on October 16, sions of the Fair Labor Standards Act of 1938 H.R. 2204. An act to authorize appropria- 1998, during the recess of the Senate, for minors who are 17 years of age and who tions for fiscal years 1998 and 1999 for the engage in the operation of automobiles and by the President pro tempore (Mr. Coast Guard, and for other purposes, with an trucks. THURMOND). amendment. H.R. 2616. An act to amend title VI and X f ENROLLED JOINT RESOLUTION SIGNED of the Elementary and Secondary Education Act of 1965 to improve and expand charter MESSAGES FROM THE HOUSE The message also announced that the Speaker has signed the following en- schools. H.R. 2675. An act to provide for the Office At 10:01 a.m., a message from the rolled joint resolution: House of Representatives, delivered by of Personnel Management to conduct a study H.J. Res. 137. Joint resolution making fur- and submit a report to Congress on the pro- Mr. Keleher, one of its reading clerks, ther continuing appropriations for the fiscal announced that the House has passed vision of certain options for universal life in- year 1999, and for other purposes. surance coverage and additional death and the following bills and joint resolution, The enrolled joint resolution was dismemberment insurance under chapter 87 in which it requests the concurrence of signed subsequently by the President of title 5, United States Code, to improve the the Senate: pro tempore (Mr. THURMOND). administration of such chapter, and for other H.R. 1467. An act to provide for the con- purposes. tinuance of oil and gas operations pursuant f H.R. 2795. An act to extend certain con- to certain existing leases in the Wayne Na- MESSAGES FROM THE HOUSE tracts between the Bureau of Reclamation tional Forest. RECEIVED DURING RECESS and irrigation contracts in Wyoming and Ne- H.R. 3972. An act to amend the Outer Con- braska that receive water from Glendo Res- tinental Shelf Lands Act to prohibit the Sec- ENROLLED BILLS AND JOINT RESOLUTION ervoir. retary of the Interior from charging State SIGNED H.R. 2807. An act to clarify restrictions and local government agencies for certain Under the authority of the order of under the Migratory Bird Treaty Act on uses of the sand, gravel, and shell resources the Senate of January 7, 1997, the Sec- baiting and to facilitate acquisition of mi- of the Outer Continental Shelf. retary of the Senate, on October 20, gratory bird habitat, and for other purposes. H.R. 4572. An act to classify that govern- 1998, during the recess of the Senate, H.R. 3055. An act to deem the activities of mental pension plans of the possessions of received a message from the House of the Miccosukee Tribe on the Miccosukee Re- served Area to be consistent with the pur- the United States shall be treated in the Representatives announcing that the same manner as State pension plans for pur- poses of the Everglades National Park, and poses of the limitation on the State income Speaker has signed the following en- for other purposes. taxation of pension income. rolled bills and joint resolutions: H.R. 3069. An act to extend the Advisory H.R. 4821. An act to extend into fiscal year H.R. 624. An act to amend the Armored Car Council on California Indian Policy to allow 1999 the visa processing period for diversity Industry Reciprocity Act of 1993 to clarify the Advisory Council to advise Congress on

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12718 CONGRESSIONAL RECORD — SENATE October 20, 1998 the implementation of the proposals and rec- provide rewards for information leading to lands Airport Authority Compact entered ommendations of the Advisory Council. the arrest or conviction of any individual for into between the States of Maryland and H.R. 3332. An act to amend the High-Per- the commission of an act, or conspiracy to West Virginia. formance Computing Act of 1991 to authorize act, of international terrorism, narcotics re- S.J. Res. 58. Joint resolution recognizing appropriations for fiscal years 1999 and 2000 lated offenses, or for violations of inter- the accomplishments of Inspector General for the Next Generation Internet program, to national humanitarian law relating to the since their creation in 1978 in preventing and require the President’s Information Tech- Former Yugoslavia, and for other purposes. detecting waste, fraud, abuse, and mis- nology Advisory Committee to monitor and H.R. 4679. An act to amend the Federal management, and in promoting economy, ef- give advise concerning the development and Food, Drug, and Cosmetic Act to clarify the ficiency, and effectiveness in the Federal implementation of the Next Generation circumstance in which a substance is consid- Government. Internet program and to report to the Presi- ered to be a pesticide chemical for purposes Under the authority of the order of dent and the Congress on its activities, and of such Act, and for other purposes. the Senate of January 7, 1997, the en- for other purposes. S. 231. An act to establish the National rolled bills and joint resolutions were H.R. 3494. An act to amend title 18, United Cave and Karst Research Institute in the signed subsequently on October 20, States Code, to protect children from sexual State of New Mexico, and for other purposes. 1998, during the recess of the Senate, abuse and exploitation, and for other pur- S. 890. An act to dispose of certain Federal poses. properties located in Dutch John, Utah, to by the President pro tempore (Mr. H.R. 3528. An act to amend title 28, United assist the local government in the interim THURMOND). States Code, with respect to the use of alter- delivery of basic services to the Dutch John f native dispute resolution processes in United community, and for other purposes. States district courts, and for other pur- S. 1021. An act to amend title 5, United ENROLLED BILLS PRESENTED ON poses. States Code, to provide that consideration OCTOBER 16, 1998 H.R. 3687. An act to authorize repayment of may not be denied to preference eligibles ap- The Secretary of the Senate reported that amounts due under a water reclamation plying for certain positions in the competi- on October 16, 1998, he had presented to the project contract for the Canadian River tive service, and for other purposes. President of the United States, the following Project, Texas. S. 1298. An act to designate a Federal enrolled bills: H.R. 3830. An act to provide for the ex- building located in Florence, Alabama, as S. 1892. An act to provide that a person change of certain lands within the State of the ‘‘Justice John McKinley Federal Build- closely related to a judge of court exercising Utah. ing.’’ H.R. 3874. An act to amend the National judicial power under article III of the United S. 1333. An act to amend the Land and States Constitution (other than the Supreme School Lunch Act and Child Nutrition Act of Water Conservation Fund Act of 1965 to Court) may not be appointed as a judge of 1966 to provide children with increased ac- allow national park units that cannot charge the same court, and for other purposes. cess to food and nutrition assistance, to sim- an entrance or admission fee to retain other S. 1976. An act to increase public awareness plify program operations and improve man- fees and charges. of the plight of victims of crime with devel- agement, to extend certain authorities con- S. 2094. An act to amend the Fish and Wild- opmental disabilities, to collect data to tained in those Acts through fiscal year 2003, life Improvement Act of 1978 to enable the measure the magnitude of the problems, and and for other purposes. Secretary of the Interior to more effectively to develop strategies to address the safety H.R. 3903. An act to provide for an ex- use the proceeds of sales of certain items. and justice needs of victims of crime with change of lands near Gustavus, Alaska, and S. 2106. An act to expand the boundaries of developmental disabilities. for other purposes. National Park, Utah, to include por- H.R. 4079. An act to authorize the construc- f tions of certain drainages that are under the tion of temperature control devices at Fol- jurisdiction of the Bureau of Land Manage- ENROLLED BILLS PRESENTED ON som Dam in California. ment, and to include a portion of Fish Seep OCTOBER 20, 1998 H.R. 4151. An act to amend chapter 47 and Draw owned by the State of Utah, and for title 18, United States Code, relating to iden- The Secretary of the Senate reported that other purposes. tity fraud, and for other purposes. on October 20, 1998, he had presented to the H.R. 4166. An act to amend the Idaho Ad- S. 2193. An act to implement the provisions President of the United States, the following mission Act regarding the sale or lease of of the Trademark Law Treaty. enrolled bills: S. 2232. An act to establish the Little Rock school land. S. 231. An act to establish the National Central High School National Historic Site H.R. 4259. An act to allow Haskell Indian Cave and Karst Research Institute in the in the State of Arkansas, and for other pur- Nations University and the Southwestern In- State of New Mexico, and for other purposes. dian Polytechnic Institute each to conduct a poses. S. 890. An act to dispose of certain Federal demonstration project to test the feasibility S. 2240. An act to establish the Adams Na- properties located in Dutch John, Utah, to and desirability of new personnel manage- tional Historical Park in the Commonwealth assist the local government in the interim ment policies and procedures, and for other of Massachusetts, and for other purposes. delivery of basic services to the Dutch John purposes. S. 2246. An act to amend the act which es- community, and for other purposes. H.R. 4293. An Act to establish a cultural tablished the Frederick Law Olmsted Na- S. 1021. An act to amend title 5, United training program for disadvantaged individ- tional Historic Site, in the Commonwealth States Code, to provide that consideration uals to assist the Irish peace process. of Massachusetts, by modifying the bound- may not be denied to preference eligibles ap- H.R. 4309. An act to provide a comprehen- ary and for other purposes. plying for certain positions in the competi- sive program of support for victims of tor- S. 2285. An act to establish a commission, tive service, and for other purposes. ture. in honor of the 150th Anniversary of the Sen- S. 1298. An act to designate a Federal H.R. 4326. An act to transfer administra- eca Falls Convention, to further protect sites building located in Florence, Alabama, as tive jurisdiction over certain Federal lands of importance in the historic efforts to se- the ‘‘Justice John McKinley Federal Build- located within or adjacent to the Rogue cure equal rights for women. ing.’’ River National Forest and to clarify the au- S. 2413. An act prohibiting the conveyance S. 1333. An act to amend the Land and thority of the Bureau of Land Management of Woodland Lake Park tract in Apache- Water Conservation Fund Act of 1965 to to sell and exchange other Federal lands in Sitgreaves National Forest in the State of allow national park units that cannot charge Oregon. Arizona unless the conveyance is made top an entrance or admission fee to retain other H.R. 4337. An act to authorize the Sec- the town of Pinetop-Lakeside or is author- fees and charges. retary of the Interior to provide financial as- ized by act of Congress. S. 2094. An act to amend the Fish and Wild- life Improvement Act of 1978 to enable the sistance to the State of Maryland for a pilot S. 2427. An act to amend the Omnibus Secretary of the Interior to more effectively program to develop measures to eradicate or Parks and Public Lands Management Act of use the proceeds of sales of certain items. control nutria and restore marshland dam- 1996 to extend the legislative authority for the Black Patriots Foundation to establish a S. 2106. An act to expand the boundaries of aged by nutria. Arches National Park, Utah, to include por- H.R. 4558. An act to make technical amend- commemorative work. S. 2468. An act to designate the Biscayne tions of certain drainages that are under the ments to clarify the provision of benefits for jurisdiction of the Bureau of Land Manage- National Park visitor center as the Dante noncitizens, and to improve the provision of ment, and to include a portion of Fish Seep Fascell Visitor Center. unemployment insurance, child support, and Draw owned by the State of Utah, and for S. 2505. An act to direct the Secretary of supplemental security income benefits. other purposes. the Interior to convey title to the Tunnison H.R. 4566. An act to make technical correc- S. 2193. An act to implement the provisions tions to the National Capital Revitalization Lab Hagerman Field Station in Gooding of the Trademark Law Treaty. and Self-Government Improvement Act of County, Idaho, to the University of Idaho. 1997 with respect to the courts and court sys- S. 2561. An act to amend the Fair Credit f tem of the District of Columbia. Reporting Act with respect to furnishing and EXECUTIVE AND OTHER H.R. 4655. An act to establish a program to using consumer reports for employment pur- COMMUNICATIONS support a transition to democracy in Iraq. poses. H.R. 4660. An act to amend the State De- S.J. Res. 51. Joint resolution granting the The following communications were partment Basic Authorities Act of 1956 to consent of Congress to the Potomac High- laid before the Senate, together with

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12719 accompanying papers, reports, and doc- EC–7545. A communication from the Gen- tives; British Aerospace Jetstream Model uments, which were referred as indi- eral Counsel of the Department of Transpor- 3101 Airplanes’’ (Docket 98–CE–33–AD) re- cated: tation, transmitting, pursuant to law, the re- ceived on October 15, 1998; to the Committee port of a rule entitled ‘‘Amendment to Class on Commerce, Science, and Transportation. EC–7536. A communication from the Gen- E Airspace; Ottumwa, IA’’ (Docket 98–ACE– EC–7556. A communication from the Gen- eral Counsel of the Federal Emergency Man- 27) received on October 15, 1998; to the Com- eral Counsel of the Department of Transpor- agement Agency, transmitting, pursuant to mittee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- law, the report of five rules: ‘‘Suspension of tation. port of a rule entitled ‘‘Airworthiness Direc- Community Eligibility’’ (Docket FEMA– EC–7546. A communication from the Gen- tives; British Aerospace Jetstream Model 7696), ‘‘List of Communities Eligible for the eral Counsel of the Department of Transpor- 3101 Airplanes’’ (Docket 98–CE–32–AD) re- Sale of Flood Insurance’’ (Docket FEMA– tation, transmitting, pursuant to law, the re- ceived on October 15, 1998; to the Committee 7695), ‘‘Changes in Flood Elevation Deter- port of a rule entitled ‘‘Amendment to Class on Commerce, Science, and Transportation. minations’’ (2 rules), and ‘‘Final Flood Ele- E Airspace; Clinton, IA’’ (Docket 98–ACE–26) EC–7557. A communication from the Gen- vation Determination’’ received on October received on October 15, 1998; to the Com- eral Counsel of the Department of Transpor- 15, 1998; to the Committee on Banking, Hous- mittee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- ing, and Urban Affairs. tation. port of a rule entitled ‘‘Abatement of State EC–7537. A communication from the Dep- EC–7547. A communication from the Gen- Waters for Private Aids to Navigation in uty Associate Director for Royalty Manage- eral Counsel of the Department of Transpor- Wisconsin and Alabama’’ (RIN2115–AF50) re- ment, Minerals Management Service, De- tation, transmitting, pursuant to law, the re- ceived on October 15, 1998; to the Committee partment of the Interior, transmitting, pur- port of a rule entitled ‘‘Amendment to Class on Commerce, Science, and Transportation. suant to law, notice of a proposed refund of E Airspace; Denison, IA; Correction’’ (Dock- EC–7558. A communication from the Gen- offshore lease revenues under the Outer Con- et 98–ACE–29) received on October 15, 1998; to eral Counsel of the Department of Transpor- tinental Shelf Lands Act; to the Committee the Committee on Commerce, Science, and tation, transmitting, pursuant to law, the re- on Energy and Natural Resources. Transportation. port of a rule entitled ‘‘Drawbridge Oper- EC–7538. A communication from the Presi- EC–7548. A communication from the Gen- ation Regulations; Elizabeth River, South dent of the Inter-American Foundation, eral Counsel of the Department of Transpor- Branch, Portsmouth-Chesapeake, Virginia’’ transmitting, pursuant to law, the Founda- tation, transmitting, pursuant to law, the re- (RIN2115–AE47) received on October 15, 1998; tion’s report under the Federal Managers’ port of a rule entitled ‘‘Airworthiness Direc- to the Committee on Commerce, Science, Financial Integrity Act and the Inspector tives; Twin Commander Aircraft Corporation and Transportation. EC–7559. A communication from the Gen- General Act for fiscal year 1997; to the Com- 500, 680, 690, and 695 Series Airplanes’’ (Dock- eral Counsel of the Department of Transpor- mittee on Governmental Affairs. et 96–CE–54–AD) received on October 15, 1998; tation, transmitting, pursuant to law, the re- EC–7539. A communication from the Direc- to the Committee on Commerce, Science, port of a rule entitled ‘‘Safety Zone: Storrow tor of the United States Office of Personnel and Transportation. Drive Connector Bridge (Central Artery Tun- Management, transmitting, pursuant to law, EC–7549. A communication from the Gen- nel Project), Charles River, Boston, MA’’ the report of a rule entitled ‘‘Federal Em- eral Counsel of the Department of Transpor- (RIN2115–AE97) received on October 15, 1998; ployees Health Benefits Program; Improving tation, transmitting, pursuant to law, the re- to the Committee on Commerce, Science, Carrier Performance; Conforming Changes’’ port of a rule entitled ‘‘Airworthiness Direc- (RIN3206–AI16) received on October 15, 1998; and Transportation. tives; Pratt and Whitney Canada PW100 Se- EC–7560. A communication from the Gen- to the Committee on Governmental Affairs. ries Turboprop Engines’’ (Docket 97–ANE–33– EC–7540. A communication from the Direc- eral Counsel of the Department of Transpor- AD) received on October 15, 1998; to the Com- tation, transmitting, pursuant to law, the re- tor of the Office of Regulatory Management mittee on Commerce, Science, and Transpor- and Information, Environmental Protection port of a rule entitled ‘‘Safety Zone Regula- tation. tions: Port of Guanica, Puerto Rico’’ Agency, transmitting, pursuant to law, the EC–7550. A communication from the Gen- report of a rule entitled ‘‘Approval and Pro- (RIN2115–AA97) received on October 15, 1998; eral Counsel of the Department of Transpor- to the Committee on Commerce, Science, mulgation of Air Quality Implementation tation, transmitting, pursuant to law, the re- Plans; Commonwealth of Pennsylvania; and Transportation. port of a rule entitled ‘‘Standard Instrument EC–7561. A communication from the Gen- Withdrawal of Final Rule’’ (FRL6178–2) re- Approach Procedures; Miscellaneous Amend- eral Counsel of the Department of Transpor- ceived on October 15, 1998; to the Committee ments—No. 1894’’ (Docket 29358) received on tation, transmitting, pursuant to law, the re- on Environment and Public Works. October 15, 1998; to the Committee on Com- port of a rule entitled ‘‘Repeat Intoxicated EC–7541. A communication from the Direc- merce, Science, and Transportation. Driver Laws’’ (RIN2127–AH47) received on Oc- tor of the Office of Regulatory Management EC–7551. A communication from the Gen- tober 15, 1998; to the Committee on Com- and Information, Environmental Protection eral Counsel of the Department of Transpor- merce, Science, and Transportation. Agency, transmitting, pursuant to law, the tation, transmitting, pursuant to law, the re- EC–7562. A communication from the Sec- report of a rule entitled ‘‘Approval and Pro- port of a rule entitled ‘‘Standard Instrument retary of Agriculture, transmitting, a draft mulgation of State Implementation Plans; Approach Procedures; Miscellaneous Amend- of proposed legislation entitled ‘‘The Rural Texas: Recodification of Regulations to Con- ments—No. 1893’’ (Docket 29357) received on Housing Enforcement Improvement Act″; to trol Lead Emissions from Stationary October 15, 1998; to the Committee on Com- the Committee on Agriculture, Nutrition, Sources’’ (FRL 6160–2) received on October merce, Science, and Transportation. and Forestry. 15, 1998; to the Committee on Environment EC–7552. A communication from the Gen- EC–7563. A communication from the Fed- and Public Works. eral Counsel of the Department of Transpor- eral Register Certifying Officer, Financial EC–7542. A communication from the Direc- tation, transmitting, pursuant to law, the re- Management Service, Department of the tor of the Office of Regulatory Management port of a rule entitled ‘‘Airworthiness Direc- Treasury, transmitting, pursuant to law, the and Information, Environmental Protection tives; Dornier Model 328–100 Series Air- report of a rule entitled ‘‘Salary Offset’’ Agency, transmitting, pursuant to law, the planes’’ (Docket 98–NM–59–AD) received on (RIN1510–AA70) received on October 14, 1998; report of a rule entitled ‘‘Lead; Fees for Ac- October 15, 1998; to the Committee on Com- to the Committee on Governmental Affairs. creditation of Training Programs and Cer- merce, Science, and Transportation. EC–7564. A communication from the Sec- tification of Lead-Based Paint Activities EC–7553. A communication from the Gen- retary of the Treasury, transmitting, a draft Contractors; Withdrawal of Final Rule’’ eral Counsel of the Department of Transpor- of proposed legislation regarding the treat- (FRL 6040–1) received on October 15, 1998; to tation, transmitting, pursuant to law, the re- ment of bonds issued to finance electrical the Committee on Environment and Public port of a rule entitled ‘‘Airworthiness Direc- output facilities; to the Committee on Fi- Works. tives; Boeing Model 747 Series Airplanes nance. EC–7543. A communication from the Gen- Equipped with Pratt and Whitney Model EC–7565. A communication from the Acting eral Counsel of the Department of Transpor- JT9D–70 Engines’’ (Docket 97–NM–185–AD) Assistant Secretary of Defense for Force tation, transmitting, pursuant to law, the re- received on October 15, 1998; to the Com- Management Policy, transmitting, pursuant port of a rule entitled ‘‘Airworthiness Direc- mittee on Commerce, Science, and Transpor- to law, the Department’s interim report on tives; SOCATA-Groupe AEROSPATIALE tation. the payment of claims to certain persons Model TBM 700 Airplanes’’ (Docket 98–CE–58– EC–7554. A communication from the Gen- captured and interned by North Vietnam; to AD) received on October 15, 1998; to the Com- eral Counsel of the Department of Transpor- the Committee on Armed Services. mittee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- EC–7566. A communication from the Com- tation. port of a rule entitled ‘‘Airworthiness Direc- missioner of the Immigration and Natu- EC–7544. A communication from the Gen- tives; Saab Model SAAB 2000 Series Air- ralization Service, Department of Justice, eral Counsel of the Department of Transpor- planes’’ (Docket 98–NM–190–AD) received on transmitting, pursuant to law, the report of tation, transmitting, pursuant to law, the re- October 15, 1998; to the Committee on Com- a rule entitled ‘‘Interim Procedures for Cer- port of a rule entitled ‘‘Amendment to Class merce, Science, and Transportation. tain Health Care Workers’’ (RIN1115–AE73) E Airspace; Meade, KS’’ (Docket 98–ACE–43) EC–7555. A communication from the Gen- received on October 14, 1998; to the Com- received on October 15, 1998; to the Com- eral Counsel of the Department of Transpor- mittee on the Judiciary. mittee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- EC–7567. A communication from the Direc- tation. port of a rule entitled ‘‘Airworthiness Direc- tor of the Office of Regulatory Management

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12720 CONGRESSIONAL RECORD — SENATE October 20, 1998 and Information, Environmental Protection EC–7578. A communication from the Gen- and second time by unanimous con- Agency, transmitting, pursuant to law, the eral Counsel of the Department of Transpor- sent, and referred as indicated: report of a rule entitled ‘‘Approval and Pro- tation, transmitting, pursuant to law, the re- By Mr. CAMPBELL: mulgation of Implementation Plans; State of port of a rule entitled ‘‘Modification of Class S. 2641. A bill to prevent Federal agencies Florida’’ (FRL6167–4) received on October 16, E Airspace; Two Harbors, MN’’ (Docket 98– from pursuing policies of unjustifiable non- 1998; to the Committee on Environment and AGL–43) received on October 19, 1998; to the acquiescence in, relitigation of, precedents Public Works. Committee on Commerce, Science, and established in the Federal judicial courts; to EC–7568. A communication from the Direc- Transportation. the Committee on the Judiciary. tor of the Office of Management and Budget, EC–7579. A communication from the Gen- By Mr. ASHCROFT (for himself and Executive Office of the President, transmit- eral Counsel of the Department of Transpor- Mr. DASCHLE): ting, pursuant to law, the cumulative report tation, transmitting, pursuant to law, the re- S. 2642. A bill to establish a Chief Agricul- on rescissions and deferrals dated October 15, port of a rule entitled ‘‘Establishment of tural Negotiator in the Office of the United 1998; referred jointly, pursuant to the order Class E Airspace; Granite Falls, MN’’ (Dock- States Trade Representative; to the Com- of January 30, 1975, as modified by the order et 98–AGL–46) received on October 19, 1998; to mittee on Finance. of April 11, 1986, to the Committee on Appro- the Committee on Commerce, Science, and By Mr. TORRICELLI: priations, to the Committee on the Budget, Transportation. S. 2643. A bill to provide increased funding and to the Committee on Energy and Nat- EC–7580. A communication from the Gen- to combat drug offenses, and for other pur- ural Resources. eral Counsel of the Department of Transpor- poses; to the Committee on the Judiciary. EC–7569. A communication from the Con- tation, transmitting, pursuant to law, the re- S. 2644. A bill to amend the Internal Rev- gressional Review Coordinator, Animal and port of a rule entitled ‘‘Modification of Class enue Code of 1986 to exclude certain sever- Plant Health Inspection Service, Department E Airspace; Orr, MN’’ (Docket 98–AGL–47) re- ance payment amounts from income; to the of Agriculture, transmitting, pursuant to ceived on October 19, 1998; to the Committee Committee on Finance. law, the report of a rule entitled ‘‘Mexican on Commerce, Science, and Transportation. By Mr. THOMAS: Fruit Fly Regulations; Addition of Regu- EC–7581. A communication from the Gen- S. 2645. A bill to create an official par- lated Area’’ (Docket 98–082–2) received on Oc- eral Counsel of the Department of Transpor- liamentary station in the United States fully tober 19, 1998; to the Committee on Agri- tation, transmitting, pursuant to law, the re- to participate in the Global Legal Informa- culture, Nutrition, and Forestry. port of a rule entitled ‘‘Modification of Class EC–7570. A communication from the Sec- tion Network; to the Committee on Rules E Airspace; Menomonie, MN’’ (Docket 98– retary of Defense, transmitting, notice of a and Administration. AGL–45) received on October 19, 1998; to the routine military retirement; to the Com- By Mr. MCCAIN: Committee on Commerce, Science, and mittee on Armed Services. S. 2646. A bill to authorize the Disabled Transportation. EC–7571. A communication from the Com- Veterans’ LIFE Memorial Foundation to es- missioner of the Social Security Administra- EC–7582. A communication from the Gen- eral Counsel of the Department of Transpor- tablish a memorial in the District of Colum- tion, transmitting, pursuant to law, the Ad- bia or its environs, and for other purposes; to ministration’s report entitled ‘‘Management tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Establishment of the Committee on Energy and Natural Re- of the Supplemental Security Income Pro- sources. gram: Today and in the Future’’; to the Com- Class E Airspace; Park Falls, WI’’ (Docket 98–AGL–44) received on October 19, 1998; to By Mr. HATCH: mittee on Finance. S. 2647. A bill to provide for programs to EC–7572. A communication from the Assist- the Committee on Commerce, Science, and Transportation. facilitate a significant reduction in the inci- ant Secretary for Legislative Affairs, De- dence and prevalence of substance abuse partment of State, transmitting, pursuant to EC–7583. A communication from the Gen- eral Counsel of the Department of Transpor- through reducing the demand for illegal law, notice of a proposed license for the ex- drugs and the inappropriate use of legal port of U2 Self-Propelled Howitzers to Singa- tation, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Airworthiness Direc- drugs; to the Committee on Labor and pore (DTC 130–98); to the Committee on For- Human Resources. eign Relations. tives; Airbus Model A300, A310, and A300–600 EC–7573. A communication from the Acting Series Airplanes’’ (Docket 98–NM–74–AD) re- f Assistant Attorney General, Department of ceived on October 19, 1998; to the Committee SUBMISSION OF CONCURRENT AND on Commerce, Science, and Transportation. Justice, transmitting, pursuant to law, the SENATE RESOLUTIONS Attorney General’s reports to Congress on EC–7584. A communication from the Gen- the Administration of the Foreign Agents eral Counsel of the Department of Transpor- The following concurrent resolutions Registration Act for calendar year 1997; to tation, transmitting, pursuant to law, the re- and Senate resolutions were read, and the Committee on Foreign Relations. port of a rule entitled ‘‘Airworthiness Direc- referred (or acted upon), as indicated: EC–7574. A communication from the Direc- tives; British Aerospace Jetstream Model tor of the Office of Regulatory Management 3101 and 3201 Airplanes’’ (Docket 98–CE–28– By Mr. D’AMATO: and Information, Environmental Protection AD) received on October 19, 1998; to the Com- S. Res. 311. A resolution expressing the Agency, transmitting, pursuant to law, the mittee on Commerce, Science, and Transpor- sense of the Senate that the Secretary of the report of a rule entitled ‘‘Subtitle D Regu- tation. Interior should the establishment of a me- lated Facilities; State Permit Program De- EC–7585. A communication from the Gen- morial to Thomas Paine on the National termination of Adequacy; State Implementa- eral Counsel of the Department of Transpor- Park Service property in Constitution Gar- tion Rule’’ (FRL6178–8) received on October tation, transmitting, pursuant to law, the re- dens within the 1700 block of Constitution 19, 1998; to the Committee on Environment port of a rule entitled ‘‘Airworthiness Direc- Avenue, N.W., in the District of Columbia, and Public Works. tives; Mooney Aircraft Corporation Model and that the memorial should specifically in- EC–7575. A communication from the Direc- M20J, M20K, M20M, and M20R Airplanes’’ clude the structure known as the ‘‘Canal tor of the Office of Regulatory Management (Docket 98–CE–47–AD) received on October House’’; to the Committee on Energy and and Information, Environmental Protection 19, 1998; to the Committee on Commerce, Natural Resources. Agency, transmitting, pursuant to law, the Science, and Transportation. By Mr. MURKOWSKI: report of a rule entitled ‘‘Standards Applica- EC–7586. A communication from the Gen- S. Con. Res. 129. A concurrent resolution to ble to Owners and Operators of Closed and eral Counsel of the Department of Transpor- correct a technical error in the enrollment of Closing Hazardous Waste Management Fa- tation, transmitting, pursuant to law, the re- H.R. 3910; considered and agreed to. cilities; Post-Closure Permit Requirement; port of a rule entitled ‘‘Airworthiness Direc- By Mr. REED: Closure’’ (FRL6178–7) received on October 19, tives; Bob Fields Aerocessories Inflatable S. Con. Res. 130. A concurrent resolution to 1998; to the Committee on Environment and Door Seals’’ (Docket 98–CE–88–AD) received correct the enrollment of H.R. 4328; to the Public Works. on October 19, 1998; to the Committee on Committee on Appropriations. EC–7576. A communication from the Direc- Commerce, Science, and Transportation. f tor of the Office of Congressional Affairs, Nu- EC–7587. A communication from the Gen- clear Regulatory Commission, transmitting, eral Counsel of the Department of Transpor- STATEMENTS ON INTRODUCED pursuant to law, the report of a rule regard- tation, transmitting, pursuant to law, the re- BILLS AND JOINT RESOLUTIONS ing dose limits for certain spent fuel storage port of a rule entitled ‘‘Airworthiness Direc- By Mr. CAMPBELL: installations (RIN3150–AF84) received on Oc- tives; British Aerospace Jetstream Model tober 19, 1998; to the Committee on Environ- S. 2641. A bill to prevent Federal 3101 Airplanes’’ (Docket 98–CE–63–AD) re- agencies from pursuing policies of un- ment and Public Works. ceived on October 19, 1998; to the Committee EC–7577. A communication from the Gen- on Commerce, Science, and Transportation. justifiable nonacquiescence in relitiga- eral Counsel of the Department of Transpor- tion of precedents established in the tation, transmitting, pursuant to law, the re- f Federal judicial courts; to the Com- port of a rule entitled ‘‘Federal Motor Vehi- INTRODUCTION OF BILLS AND mittee on the Judiciary. cle Safety Standards; Metric Conversion’’ JOINT RESOLUTIONS (RIN2127–AG55) received on October 19, 1998; THE FEDERAL AGENCY COMPLIANCE ACT to the Committee on Commerce, Science, The following bills and joint resolu- Mr. CAMPBELL. Mr. President, and Transportation. tions were introduced, read the first today I introduce the Federal Agency

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12721 Compliance Act. This legislation is the clusive jurisdiction over the matter or States Code, is amended by adding at the end redraft of prior legislation that I intro- by another circuit. Again, I want to the following new item: duced, S. 1166, the Federal Agency thank my colleagues for these ‘‘707. Adherence to court of appeals prece- Compliance Act, which was the subject clariications and for their support of dent.’’. of a hearing on June 15, 1998 before the the bill I introduce today. Senate Judiciary Subcommittee on Ad- Intracircuit agency nonacquiescence By Mr. THOMAS: ministrative Oversight and the Courts, to appellate precedent is not limited to S. 2645. A bill to create an official parliamentary station in the United chaired by Senator GRASSLEY. the Social Security Administration, At the June 15 hearing, Lynn which was described at our hearing, States fully to participate in the Glob- Conforti from Denver, CO, testified on but has been a long-term problem with al Legal Information Network; to the behalf of the thousands of Social Secu- all agencies and one that the Congress Committee on Rules and Administra- rity disability claimants, who are de- has struggled with since the early tion. nied their claims not on the basis of 1980’s. Finally, we have a consensus on GLOBAL LEGAL INFORMATION NETWORK Federal circuit court opinions but on legislation that will solve this problem PARTICIPATION ACT OF 1998 the basis of agency policy that is con- and return us to the rule of law that we Mr. THOMAS. Mr. President, as the trary to Federal law. In November 1996, expect and that citizens deserve. I ask world is catapulted into the electronic Ms. Conforti was forced to quit work my colleagues to support this legisla- information age, the United States has because of severe pain due to failed sur- tion to ensure Federal agencies follow a rare opportunity not only to partici- gery on her back to correct corvature the law. pate in a truly international legal of the spine, scoliosis. Until that time. Mr. President, I ask unanimous con- database but also to sustain a leader- Ms. Conforti had been employed her en- sent that the text of the legislation be ship role in setting the highest stand- tire life since she was 19 years old and printed in the RECORD. ard for the creation and maintenance paid her FICA taxes into the Social Se- There being no objection, the bill was of such a database. It is also a fortu- curity Disability Program for 27 years. ordered to be printed in the RECORD, as itous moment for the Congress to en- At the hearing, she described her 32- follows: courage and support an effort that will month struggle with the Social Secu- S. 2641 inure to the direct benefit of the Con- rity Administration that had twice de- Be it enacted by the Senate and House of Rep- gress in its legislative functions by nied her benefits, because they did not resentatives of the United States of America in having access to foreign laws contem- give due weight to the medical opinion Congress assembled, poraneously with or shortly after pub- of her treating physicians or the sever- SECTION 1. PROHIBITING INTRACIRCUIT AGEN- lication in the country of origin. This ity of her pain, contrary to Federal CY NON-ACQUIESCENCE IN APPEL- effort, conceived and developed by our LATE PRECEDENT. court decisions. Ms. Conforti described own Law Library of Congress, is the (a) SHORT TITLE.—This Act may be cited as her physical ordeal, having two back the ‘‘Federal Agency Compliance Act’’. Global Legal Information Network, surgeries, removing 10 discs, two sets (b) IN GENERAL.—Chapter 7 of title 5, popularly referred to as ‘‘GLIN.’’ of surgical rods and screws, 38 days in United States Code, is amended by adding at GLIN is an international, coopera- the hospital, 334 physical therapy vis- the end the following: tive, non-commercial database of legal its, 128 physician visits, and 16 months ‘‘§ 707. Adherence to court of appeals prece- information contributed to by govern- of chronic pain. Despite her disability, dent ments of member nations in Africa, Ms. Conforti hopes to be able to return ‘‘(a) Except as provided in subsection (b), Asia, Europe, and the Americas. As a to work in the future, but she needs the an agency (as defined in section 701(b)(1) of mission-driven project, GLIN was de- disability resources to continue reha- this title) shall in civil cases, in admin- veloped by the Law Library as a way to istering a statute, rule, regulation, program, bilitation efforts. organize and gain access to legal infor- or policy within a judicial circuit, adhere to mation so that the Law Library could Finally, in July 1998, Ms. Conforti the existing precedent respecting the inter- was awarded her disability benefits by pretation and application of such statute, respond to requests from Congress in a an administrative law judge (ALJ) in rule, regulation, program, or policy, as es- timely, efficient manner since the Law an on-the-record determination. The tablished by the decisions of the United Library is responsible for doing re- ALJ, unlike lower level decision- States court of appeals for that circuit. All search and analysis on the laws of makers at SSA, was able to apply Fed- officers and employees of an agency, includ- other nations, comparative law, and eral court decisions to her case. For ing administrative law judges, shall adhere international law. This continues to be this reason, the bill I am introducing to such precedent. the goal of the Law Library’s partici- ‘‘(b) An agency is not precluded under sub- today contains a provision included in section (a) from taking a position, either in pation in GLIN. a similar bill, H.R. 1544, that states administrative or litigation, that is at vari- The database comprises abstracts of that agency employees and ALJ’s shall ance with precedent established by a United legal material, full texts of laws and adhere to court of appeals precedent States court of appeals if— regulations, and a legal thesaurus. The within the circuit, insuring that Ms. ‘‘(1) it is not certain whether the adminis- GLIN database is structured so that Conforti and thousands of other claim- tration of the statute, rule, regulation, pro- the full range of legal material includ- ants will no longer be victims of agen- gram, or policy will be subject to review ex- ing constitutions, laws and regula- cy intracircuit nonacquiescence with clusively by the court of appeals that estab- tions, judicial decisions, parliamentary lished that precedent or a court of appeals the passage of this legislation. for another circuit; debates, scholarly writings, and legal I want to thank my colleagues, Sen- ‘‘(2) the Government did not seek further miscellanea can be added to the data- ator SESSIONS and Senator DURBIN, for review of the case in which that precedent base over time as countries are able to their support for this important legis- was first established, in that court of appeals make these contributions. lation and for their assistance in revis- or the United States Supreme Court, be- Since 1995, GLIN has become a truly ing the legislation that I introduce cause— ‘‘global’’ legal information network today. Through the effort of Senator ‘‘(A) neither the United States nor any and the Law Library has trained tech- agency or officer thereof was a party to the SESSIONS, the bill clarifies that adher- nical and legal teams from numerous case; or ence by agencies to court of appeals ‘‘(B) the decision establishing that prece- countries plus a team from the United precedent shall be in civil cases and dent was otherwise substantially favorable Nations. These countries are at various there is no prohibition on an agency re- to the Government; or stages of compliance with the GLIN litigating a matter in more than three ‘‘(3) it is reasonable to question the contin- standards for organizational, technical, circuits if such relitigation is nec- ued validity of that precedent in light of a and telecommunications capabilities. essary. Also, Senator DURBIN clarified subsequent decision of that court of appeals GLIN is the centerpiece of the Law that certain agencies, such as the Na- or the United States Supreme Court, a subse- Library’s transition from a paper-based tional Labor Relations Board [NLRB], quent change in any pertinent statute or library to one that effectively exploits regulation, or any other subsequent change are not bound by adherence to court of in the public policy or circumstances on the advantages of electronic sources of appeals precedent when it is not cer- which that precedent was based.’’. information. The amount of time and tain that the court of appeals that es- (c) CLERICAL AMENDMENT.—The table of resources needed to acquire, process, tablished the NLRB precedent has ex- sections for chapter 7 of title 5, United and store foreign legal material make

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12722 CONGRESSIONAL RECORD — SENATE October 20, 1998 GLIN a top priority for the Law Li- originally expressed in the 1886 Convention We cannot restore the health of those brary, and as the United States station for the Immediate Exchange of the Official Americans who incurred a disability as for the network it has also undertaken Journals, Parliamentary Annals, and Docu- a result of their military service. It is ments: the task of putting United States law (2) participation by the United States in an within our power, however, to author- into the database using the same high international, cooperative, noncommercial ize a memorial that would clearly sig- standards demanded of other nations. legal database contributed to by govern- nal the nation’s gratitude to all whose To date, the Law Library has not re- ments of member nations, the ‘‘Global Legal disabilities serve as a living reminder ceived appropriated funds for work on Information Network’’ (GLIN), which would of the toll war takes on its victims. GLIN. be available over the Internet, contributes to Under the terms of this legislation, What other Parliaments around the the promotion of security and international the Disabled Veterans’ LIFE Memorial understanding through the exchange of legal world are doing concerning many of information and promotes the rule of law, Foundation would be solely responsible the issues we face is vital for our legis- and therefore is in the interests of the for raising the necessary funding. Our lative functions. A 1886 treaty, still in United States; bill explicitly requires that no Federal force today, recognized the important (3) the timely and accurate availability of funds be used to pay any expense for need for the exchange of official jour- laws and regulations of the United States the memorial’s establishment. nals, parliamentary annals, and docu- and other legislatures around the world is of I urge my colleagues to join me and the utmost importance to the Congress, both ments. Congress needs access to the Senators CLELAND, COVERDELL, and in its own work as well as in the interests of most reliable, current legal informa- developing and nurturing interparliamentary KERREY in support of this legislation. tion available. GLIN can provide this cooperation; and America’s disabled veterans, of whom information, but only if it is developed (4) the centralization of the function and Senator CLELAND himself is one of our and maintained properly. With limited control of participation by the United States most distinguished, deserve a lasting resources, and using the only tech- in such an international legal database will tribute to their sacrifice. They honored nology and technological support assist in establishing uniformity for the elec- us with their service; let us honor them available from an already strapped tronic exchange and retrieval of legal infor- with our support today. mation. technology support staff in the Library Mr. KERREY. Mr. President, I rise as SEC. 3. THE UNITED STATES GLIN STATION. of Congress which is consumed by In order to carry out the purposes of this a proud original cosponsor of legisla- other Library programs, participation Act, tion to establish a national Disabled by the Law Library in GLIN is at a (a) the United States station for the Global Veterans Memorial here in Wash- critical point. The system now requires Legal Information Network shall be the Law ington, DC. urgent updating and upgrading to en- Library of Congress in the Library of Con- I am honored to join my fellow col- hance the performance of the Network gress; leagues, veterans and friends Senators (b) The Director of the United States GLIN MCCAIN and CLELAND in establishing a and to attract additional countries, station shall be the Law Librarian of Con- particularly those that are of interest gress. memorial to the brave men and women to Congress. To best serve Congress, it who have served our Nation with honor is essential that the Law Library re- By Mr. MCCAIN: and dignity, but have paid a grave tain a leadership role technologically S. 2646. A bill to authorize the Dis- price. and content-wise. To facilitate such abled Veterans’ LIFE Memorial Foun- I look forward to working with my participation, the Law Library needs a dation to establish a memorial in the colleagues in the Senate to establish special appropriation to bolster its District of Columbia or its environs, and construct a memorial that is not staff and technological infrastructure and for other purposes; to the Com- only a tribute to our veterans, but will on its own without being dependent or mittee on Energy and Natural Re- also serve the residents of the District in competition with other Library of sources. as a place of civic and national pride. Congress programs. TO AUTHORIZE A DISABLED VETERANS I will insist on an open and fair proc- Besides affording the Law Library MEMORIAL IN WASHINGTON, DC ess as we move forward, and will be the ability to bolster resources to meet Mr. MCCAIN. Mr. President, I rise to diligent in representing the best inter- this important growing initiative, this offer legislation to authorize the Dis- ests of the veterans, the District, the special appropriation will permit the abled Veterans’ LIFE Memorial Foun- Nation, and the American people. Law Library through development and dation to establish a memorial on Fed- training to fulfill its natural role as eral land in the District of Columbia to By Mr. HATCH: S. 2647. A bill to provide for programs the largest law library in the world to honor all disabled American veterans. to facilitate a significant reduction in set the highest of standards for the This legislation is not controversial, the incidence and prevalence of sub- form and content of legal information costs nothing, and deserves immediate stance abuse through reducing the de- to be exchanged between nations to en- consideration and passage as the 105th mand for illegal drugs and the inappro- sure that such material is accurate and Congress prepares to adjourn for the priate use of legal drugs; to the Com- complete, and thereby totally reliable. year. mittee on Labor and Human Resources. It also fosters interparliamentary co- As a nation, we owe a debt of grati- operation. tude to all Americans who have worn DRUG DEMAND REDUCTION ACT Mr. President, I ask unanimous con- their country’s uniform in the defense Mr. HATCH. Mr. President, I rise sent that the text of the bill be printed of her core ideals and interests. We today to introduce the ‘‘Drug Demand in the RECORD. honor their service with holidays, like Reduction Act,’’ a bill that improves There being no objection, the bill was Veterans Day and Memorial Day, and demand reduction efforts by focusing ordered to be printed in the RECORD, as with memorials, including the Vietnam on the anti-drug media campaign, follows: Wall and the Iwo Jima Memorial. But drug-free jails, and drug-free schools. S. 2645 nowhere in Washington can be found a The bill also contains several congres- Be it enacted by the Senate and House of Rep- material tribute to those veterans sional resolutions aimed at encour- resentatives of the United States of America in whose physical or psychological health aging community involvement, reject- Congress assembled, was forever lost to a sniper’s bullet, a ing efforts to legalize illegal drugs, and SECTION 1. SHORT TITLE. landmine, a mortar round, or the pure streamlining prevention and treatment The Act may cited as the ‘‘Global Legal In- terror of modern warfare. programs. formation Network Participation Act of To these individuals we owe a meas- This legislation is supported by Gen- 1998.’’ ure of devotion not accorded those who eral Barry McCaffrey, Director of the SEC. 2. CONGRESSIONAL FINDINGS AND DEC- served honorably but without perma- Office of National Drug Control Policy. LARATIONS OF PURPOSE. nent damage to limb or spirit. For The original companion bill was intro- The Congress makes the following findings these individuals, a memorial in Wash- duced in the House of Representatives and declarations: (1) It is the policy of the United States to ington, DC, would stand as testament by Congressman PORTMAN and Con- promote the reasonable, timely and authen- to the sum of their sacrifices, and as gressman BARRETT on September 16, tic exchange of official legal information be- proof that the country they served val- 1998, and passed with overwhelming bi- tween parliaments of nations of the world as ues their contribution to its cause. partisan support, 396–9. I commend

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12723 them for their leadership and thank several things. First, there has been a Subtitle B—Rejection of Legalization of them for their efforts. decline in anti-drug messages from Drugs As many of you know, I worked hand elected leaders—like President Clinton Sec. 211. Sense of Congress. in hand with my colleagues in the and similar messages in homes, Subtitle C—Report on Streamlining Federal House on this issue, I held hearings in schools, and—until recently with the Prevention and Treatment Efforts the Senate Committee on the Judiciary airing of anti-drug messages developed Sec. 221. Report on streamlining Federal concerning these issues, and more re- for the Youth Media Campaign—the prevention and treatment ef- forts. cently, I worked with the Leadership media. Second, the debate over the le- to include this bill into the legislative galization of marijuana and the glorifi- TITLE I—TARGETED SUBSTANCE ABUSE package of anti-drug bills that is being PREVENTION AND TREATMENT PRO- cation of drugs in popular culture has GRAMS incorporated into the Omnibus Appro- caused confusion in our young people. priations bill for Fiscal 1999. This bill Subtitle A—National Youth Anti-Drug Media Third, disapproval of drugs and percep- Campaign represents a substantial step toward tion of risk has declined among young SEC. 101. SHORT TITLE. reducing the rates of drug abuse in our people. The percent of 8th, 10th and This subtitle may be cited as the ‘‘Drug- country. 12th graders who ‘‘disapproved’’ or Free Media Campaign Act of 1998’’. According to the respected Moni- ‘‘strongly disapproved’’ of use of var- SEC. 102. REQUIREMENT TO CONDUCT NATIONAL toring the Future from 1991 to 1997, the ious drugs declined steadily from 1991 MEDIA CAMPAIGN. lifetime use of marijuana—the gateway to 1995. In 1992, 92% of 8th graders, 90% (a) IN GENERAL.—The Director of the Office to harder drugs—has increased among of National Drug Control Policy (in this sub- of 10th graders, and 89% of 12th graders title referred to as the ‘‘Director’’) shall con- school-age youth. The lifetime use of disapproved of people who smoked marijuana by 8th graders—that is duct a national media campaign in accord- marijuana regularly. By 1996, however, ance with this subtitle for the purpose of re- those 8th graders who have ever used those figures had dropped significantly. ducing and preventing drug abuse among marijuana—increased by 122% from We must change tactics and find a young people in the United States. 1991 to 1997. For 10th graders, mari- way to do something to stop this epi- (b) LOCAL TARGET REQUIREMENT.—The Di- juana use increased by 81% and for 12th rector shall, to the maximum extent fea- demic from continuing and destroying sible, use amounts made available to carry graders, 35%. the future of our children. This bill, Cocaine use among our youth has out this subtitle under section 105 for media which I expect will be enacted as part also seen staggering increases. From that focuses on, or includes specific informa- of the Omnibus Appropriation bill, will tion on, prevention or treatment resources 1991 to 1997, the lifetime use of cocaine for consumers within specific local areas. increased by 91% for 8th graders. The begin to address these problems and offer incentives to help schools, and SEC. 103. USE OF FUNDS. lifetime use of cocaine by 10th graders (a) AUTHORIZED USES.— increased by 73% during the same time communities to reinforce the message that drugs are dangerous. I urge all of (1) IN GENERAL.—Amounts made available period. The number of 8th graders who to carry out this subtitle for the support of have used cocaine within the past year my colleagues to support this bill. I the national media campaign may only be increased by 154% from 1991 to 1997. ask consent that the bill be printed in used for— Heroin use has also exploded since the RECORD. (A) the purchase of media time and space; 1991. The reported lifetime use of her- There being no objection, the bill was (B) talent reuse payments; oin for both 8th and 10th graders in- ordered to be printed in the RECORD, as (C) out-of-pocket advertising production follows: costs; creased by 75%. For 12th graders, her- (D) testing and evaluation of advertising; S. 2647 oin use increased by 133%. The number (E) evaluation of the effectiveness of the of 8th graders who have used heroin Be it enacted by the Senate and House of media campaign; within the past year has increased by Representatives of the United States of America (F) the negotiated fees for the winning bid- 86% from 1991 to 1997. For 10th and 12th in Congress assembled, der on request for proposals issued by the Of- graders, heroin use increased by 180% SECTION 1. SHORT TITLE; TABLE OF CONTENTS. fice of National Drug Control Policy; and 120%, respectively. (a) SHORT TITLE.—This Act may be cited as (G) partnerships with community, civic, These figures are staggering when the ‘‘Drug Demand Reduction Act’’. and professional groups, and government or- you consider that each percentage (b) TABLE OF CONTENTS.—The table of con- ganizations related to the media campaign; point represents thousands of teens tents for this Act is as follows: and Sec. 1. Short title; table of contents. (H) entertainment industry collaborations who are much more likely to become to fashion antidrug messages in motion pic- TITLE I—TARGETED SUBSTANCE ABUSE bigger problems for society as they be- tures, television programing, popular music, PREVENTION AND TREATMENT PRO- come adults. interactive (Internet and new) media GRAMS The drug abuse situation in our coun- projects and activities, public information, try is an issue about which I care deep- Subtitle A—National Youth Anti-Drug news media outreach, and corporate sponsor- ly. In June of this year, the Judiciary Media Campaign ship and participation. Committee held a hearing on the grow- Sec. 101. Short title. (2) ADVERTISING.—In carrying out this sub- ing national crisis of drug abuse among Sec. 102. Requirement to conduct national title, the Director shall devote sufficient our children. I think it is clear from all media campaign. funds to the advertising portion of the na- the available information and from the Sec. 103. Use of funds. tional media campaign to meet the stated Sec. 104. Reports to Congress. reach and frequency goals of the campaign. testimony heard at the hearing that Sec. 105. Authorization of appropriations. (b) PROHIBITIONS.—None of the amounts youth drug abuse is not stable, but is Subtitle B—Drug-Free Prisons and Jails made available under section 105 may be ob- instead rising sharply. Several of the ligated or expended— witnesses who testified described how Sec. 111. Short title. (1) to supplant current antidrug commu- Sec. 112. Purpose. nity based coalitions; accessible drugs were to our young peo- Sec. 113. Program authorization. ple. (2) to supplant current pro bono public Sec. 114. Grant application. service time donated by national and local For example, Chris who works as an Sec. 115. Uses of funds. undercover investigator in high schools broadcasting networks; Sec. 116. Evaluation and recommendation (3) for partisan political purposes; or in Dayton, Ohio, described to the Com- report to Congress. (4) to fund media campaigns that feature mittee how easy it was to get drugs in Sec. 117. Definitions. any elected officials, persons seeking elected today’s high schools. ‘‘Within the first Sec. 118. Authorization of appropriations. office, level officials, or other Fed- investigation, I was approached within Subtitle C—Drug-Free Schools Quality eral officials employed pursuant to section three weeks, by someone offering to Assurance 213 of Schedule C of title 5, Code of Federal sell to me. The second investigation, I Sec. 121. Short title. Regulations, unless the Director provides ad- was approached in a week-and-a-half by Sec. 122. Amendment to Safe and Drug-Free vance notice to the Committees on Appro- someone again wanting to sell to me. Schools and Communities Act. priations of the House of Representatives In high schools, you don’t have to do a TITLE II—STATEMENT OF NATIONAL and the Senate, the Committee on Govern- ANTIDRUG POLICY ment Reform and Oversight of the House of lot of seeking, you know. . . . Pretty Representatives and the Committee on the much, they are going to come to you.’’ Subtitle A—Congressional Leadership in Judiciary of the Senate. What is the reason behind this surge Community Coalitions (c) MATCHING REQUIREMENT.—Amounts in teen drug consumption? I believe Sec. 201. Sense of Congress. made available under section 105 should be

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A unit of local government or State that county, township, town, borough, parish, vil- The Director shall— receives a grant award under this subtitle lage, or other general purpose political sub- (1) submit to Congress on an annual basis shall use such funds to provide comprehen- division of a State, an Indian tribe which a report on the activities for which amounts sive treatment programs to inmates in pris- performs law enforcement functions as de- made available under section 105 have been ons or jails, including not less than 3 of the termined by the Secretary of the Interior obligated during the preceding year, includ- following: and any agency of the District of Columbia ing information for each quarter of such (1) Tailored treatment programs to meet government or the United States Govern- year, and on the specific parameters of the the special needs of different types of sub- ment performing law enforcement functions national media campaign; and stance-involved offenders. in and for the District of Columbia, and the (2) not later than 1 year after the date of (2) Random and frequent drug testing, in- Trust Territory of the Pacific Islands. enactment of this Act, submit to Congress a cluding a system of sanctions. SEC. 118. AUTHORIZATION OF APPROPRIATIONS. report on the effectiveness of the national (3) Training and assistance for corrections (a) IN GENERAL.—There are authorized to media campaign based on measurable out- officers and personnel to assist substance-in- be appropriated to carry out this subtitle comes provided to Congress previously. volved offenders in correctional facilities. from the Violent Crime Reduction Trust SEC. 105. AUTHORIZATION OF APPROPRIATIONS. (4) Clinical assessment of incoming sub- Fund as authorized by title 31 of the Violent There is authorized to be appropriated to stance-involved offenders. Crime and Control and Law Enforcement Act the Office of National Drug Control Policy to (5) Availability of religious and spiritual of 1994 (42 U.S.C. 14211)— carry out this subtitle $195,000,000 for each of activity and counseling to provide an envi- (1) for fiscal year 1999, $30,000,000; and fiscal years 1999 through 2002. ronment that encourages recovery from sub- (2) for fiscal year 2000, $20,000,000. stance involvement in correctional facilities. (b) RESERVATION.—The Director may re- Subtitle B—Drug-Free Prisons and Jails (6) Education and vocational training. serve each fiscal year not more than 20 per- SEC. 111. SHORT TITLE. (7) A substance-free correctional facility cent of the funds appropriated pursuant to This subtitle may be cited as the ‘‘Drug- policy. subsection (a) for activities required under Free Prisons and Jails Act of 1998’’. SEC. 116. EVALUATION AND RECOMMENDATION section 116. SEC. 112. PURPOSE. REPORT TO CONGRESS. Subtitle C—Drug-Free Schools Quality The purpose of this subtitle is to provide (a) EVALUATION.— Assurance for the establishment of model programs for (1) IN GENERAL.—The Director shall enter SEC. 121. SHORT TITLE. comprehensive treatment of substance-in- into a contract, with an evaluating agency This subtitle may be cited as the ‘‘Drug- volved offenders in the criminal justice sys- that has demonstrated experience in the Free Schools Quality Assurance Act’’. tem to reduce drug abuse and drug-related evaluation of substance abuse treatment, to SEC. 122. AMENDMENT TO SAFE AND DRUG-FREE crime, and reduce the costs of the criminal conduct an evaluation that incorporates the SCHOOLS AND COMMUNITIES ACT. justice system, that can be successfully rep- criteria described in paragraph (2). Subpart 3 of title IV of the Elementary and licated by States and local units of govern- (2) EVALUATION CRITERIA.—The Director, in Secondary Education Act of 1965 (20 U.S.C. ment through a comprehensive evaluation. consultation with the Directors of the appro- 7141 et seq.) is amended by adding at the end SEC. 113. PROGRAM AUTHORIZATION. priate National Institutes of Health, shall es- the following: (a) ESTABLISHMENT.—The Director of the tablish minimum criteria for evaluating ‘‘SEC. 4134. QUALITY RATING. Bureau of Justice Assistance shall establish each program. Such criteria shall include— ‘‘(a) IN GENERAL.—The chief executive offi- a model substance abuse treatment program (A) reducing substance abuse among par- cer of each State, or in the case of a State in for substance-involved offenders by— ticipants; which the constitution or law of such State (1) providing financial assistance to grant (B) reducing recidivism among partici- designates another individual, entity, or recipients selected in accordance with sec- pants; agency in the State to be responsible for edu- tion 114(b); and (C) cost effectiveness of providing services cation activities, such individual, entity, or (2) evaluating the success of programs con- to participants; and agency, is authorized and encouraged— ducted pursuant to this subtitle. (D) a data collection system that will ‘‘(1) to establish a standard of quality for (b) GRANT AWARDS.—The Director may produce data comparable to that used by the drug, alcohol, and tobacco prevention pro- award not more than 5 grants to units of Office of Applied Studies of the Substance grams implemented in public elementary local government and not more than 5 grants Abuse and Mental Health Services Adminis- schools and secondary schools in the State in to States. tration and the Bureau of Justice Statistics accordance with subsection (b); and (c) ADMINISTRATIVE COSTS.—Not more than of the Office of Justice Programs. ‘‘(2) to identify and designate, upon appli- 5 percent of a grant award made pursuant to (b) REPORT.—The Director shall submit to cation by a public elementary school or sec- this subtitle may be used for administrative the appropriate committees, at the same ondary school, any such school that achieves costs. time as the President’s budget for fiscal year such standard as a quality program school. SEC. 114. GRANT APPLICATION. 2001 is submitted, a report that— ‘‘(b) CRITERIA.—The standard referred to in (a) CONTENTS.—An application submitted (1) describes the activities funded by grant subsection (a) shall address, at a minimum— by a unit of local government or a State for awards under this subtitle; ‘‘(1) a comparison of the rate of illegal use a grant award under this subtitle shall in- (2) includes the evaluation submitted pur- of drugs, alcohol, and tobacco by students clude each of the following: suant to subsection (a); and enrolled in the school for a period of time to (1) STRATEGY.—A strategy to coordinate (3) makes recommendations regarding revi- be determined by the chief executive officer programs and services for substance-involved sions to the authorization of the program, of the State; offenders provided by the unit of local gov- including extension, expansion, application ‘‘(2) the rate of suspensions or expulsions ernment or the State, as the case may be, de- requirements, reduction, and termination. of students enrolled in the school for drug, veloped in consultation with representatives SEC. 117. DEFINITIONS. alcohol, or tobacco-related offenses; from all components of the criminal justice In this subtitle: ‘‘(3) the effectiveness of the drug, alcohol, system within the jurisdiction, including (1) APPROPRIATE COMMITTEES.—The term or tobacco prevention program as proven by judges, law enforcement personnel, prosecu- ‘‘appropriate committees’’ means the Com- research; tors, corrections personnel, probation per- mittees on the Judiciary and the Commit- ‘‘(4) the involvement of parents and com- sonnel, parole personnel, substance abuse tees on Appropriations of the House of Rep- munity members in the design of the drug, treatment personnel, and substance abuse resentatives and the Senate. alcohol, and tobacco prevention program; prevention personnel. (2) DIRECTOR.—The term ‘‘Director’’ means and (2) CERTIFICATION.—A certification that— the Director of the Bureau of Justice Assist- ‘‘(5) the extent of review of existing com- (A) Federal funds made available under ance. munity drug, alcohol, and tobacco preven- this subtitle will not be used to supplant (3) SUBSTANCE-INVOLVED OFFENDER.—The tion programs before implementation of the State or local funds, but will be used to in- term ‘‘substance-involved offender’’ means public school program. crease the amounts of such funds that would, an individual under the supervision of a ‘‘(c) REQUEST FOR QUALITY PROGRAM in the absence of Federal funds, be made State or local criminal justice system, SCHOOL DESIGNATION.—A school that wishes available for law enforcement activities; and awaiting trial or serving a sentence imposed to receive a quality program school designa- (B) the programs developed pursuant to by the criminal justice system, who— tion shall submit a request and documenta- this subtitle meet all requirements of this (A) violated or has been arrested for vio- tion of compliance with this section to the subtitle. lating a drug or alcohol law; chief executive officer of the State or the in- (b) REVIEW AND APPROVAL.—Subject to sec- (B) was under the influence of alcohol or dividual, entity, or agency described in sub- tion 113(b), the Director shall approve appli- an illegal drug at the time the crime was section (a), as the case may be. cations and make grant awards to units of committed; ‘‘(d) PUBLIC NOTIFICATION.—Not less than local governments and States that show the (C) stole property to buy illegal drugs; or once a year, the chief executive officer of

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each State or the individual, entity, or agen- flicts with a Federal law or treaty is pre- S. 1326 cy described in subsection (a), as the case empted by such law or treaty. At the request of Mr. DASCHLE, the may be, shall make available to the public a (8) The Controlled Substances Act (21 list of the names of each public school in the U.S.C. 801 et seq.) strictly regulates the use name of the Senator from Nevada (Mr. State that has received a quality program and possession of drugs. REID) was added as a cosponsor of S. school designation in accordance with this (9) The United Nations Convention Against 1326, a bill to amend title XIX of the section.’’. Illicit Traffic in Narcotic Drugs and Social Security Act to provide for med- TITLE II—STATEMENT OF NATIONAL Psychotrophic Substances Treaty similarly icaid coverage of all certified nurse ANTIDRUG POLICY regulates the use and possession of drugs. practitioners and clinical nurse spe- Subtitle A—Congressional Leadership in (10) Any attempt to authorize under State cialists services. Community Coalitions law an activity prohibited under such Treaty or the Controlled Substances Act would con- S. 1525 SEC. 201. SENSE OF CONGRESS. flict with that Treaty or Act. (a) FINDINGS.—Congress finds the fol- At the request of Mr. SPECTER, the (b) SENSE OF CONGRESS.—It is the sense of lowing: Congress that— name of the Senator from Pennsyl- (1) Illegal drug use is dangerous to the (1) the several States, and the citizens of vania (Mr. SANTORUM) was added as a physical well-being of the Nation’s youth. such States, should reject the legalization of cosponsor of S. 1525, a bill to provide fi- (2) Illegal drug use can destroy the lives of drugs through legislation, ballot proposition, nancial assistance for higher education the Nation’s youth by diminishing their constitutional amendment, or any other to the dependents of Federal, State, sense of morality and with it everything in means; and life that is important and worthwhile. and local public safety officers who are (2) each State should make efforts to be a killed or permanently and totally dis- (3) According to recently released national drug-free State. surveys, drug use among the Nation’s youth abled as the result of a traumatic in- remains at alarmingly high levels. Subtitle C—Report on Streamlining Federal jury sustained in the line of duty. (4) National leadership is critical to con- Prevention and Treatment Efforts S. 2353 veying to the Nation’s youth the message SEC. 221. REPORT ON STREAMLINING FEDERAL that drug use is dangerous and wrong. PREVENTION AND TREATMENT EF- At the request of Mr. JOHNSON, his FORTS. (5) National leadership can help mobilize (a) SENSE OF CONGRESS.—It is the sense of name was added as a cosponsor of S. every sector of the community to support Congress that— 2353, a bill to redesignate the legal pub- the implementation of comprehensive, sus- (1) the efforts of the Federal Government lic holiday of ‘‘Washington’s Birthday’’ tainable, and effective programs to reduce to reduce the demand for illegal drugs in the as ‘‘Presidents’ Day’’ in honor of drug abuse. United States are frustrated by the frag- George Washington, Abraham Lincoln, (6) As of September 1, 1998, 76 Members of mentation of those efforts across multiple the House of Representatives were estab- and Franklin Roosevelt and in recogni- departments and agencies; and tion of the importance of the institu- lishing community-based antidrug coalitions (2) improvement of those efforts can best in their congressional districts or were ac- be achieved through consolidation and co- tion of the Presidency and the con- tively supporting such coalitions that al- ordination. tributions that Presidents have made ready existed. (b) REPORT REQUIREMENT.— to the development of our Nation and (7) The individual Members of the House of (1) IN GENERAL.—Not later than 18 months the principles of freedom and democ- Representatives can best help their constitu- after the date of enactment of this Act, the racy. ents prevent drug use among the Nation’s Director of the Office of National Drug Con- youth by establishing community-based trol Policy shall prepare and submit to the S. 2623 antidrug coalitions in their congressional appropriate committees a report evaluating At the request of Mr. GLENN, his districts or by actively supporting such coa- options for increasing the efficacy of drug name was added as a cosponsor of S. litions that already exist. prevention and treatment programs and ac- 2623, a bill to increase the efficiency (b) SENSE OF CONGRESS.—It is the sense of tivities by the Federal Government. Such op- Congress that the individual Members of the tion shall include the merits of a consolida- and effectiveness of the Federal Gov- House of Representatives, including the Del- tion of programs into a single agency, trans- ernment, and for other purposes. egates and the Resident Commissioner, ferring programs from 1 agency to another, S. 2640 should establish community-based antidrug and improving coordinating mechanisms and coalitions in their congressional districts or authorities. The report shall also include a At the request of Mr. D’AMATO, the should actively support any such coalitions thorough review of the activities and poten- name of the Senator from New York that have been established. tial consolidation of existing Federal drug (Mr. MOYNIHAN) was added as a cospon- Subtitle B—Rejection of Legalization of information clearinghouses. sor of S. 2640, a bill to extend the au- Drugs (2) RECOMMENDATION AND EXPLANATORY thorization for the Upper Deleware SEC. 211. SENSE OF CONGRESS. STATEMENT.—The study submitted under Citizens Advisory Council. (a) FINDINGS.—Congress finds the fol- paragraph (1) shall identify options that are lowing: determined by the Director to have merit, SENATE RESOLUTION 199 (1) Illegal drug use is harmful and wrong. and an explanation which options should be At the request of Mr. TORRICELLI, the (2) Illegal drug use can kill the individuals implemented. name of the Senator from Florida (Mr. involved or cause the individuals to hurt or (3) AUTHORIZATION OF APPROPRIATIONS.— GRAHAM) was added as a cosponsor of kill others, and such use strips the individ- There is authorized to be appropriated to the Senate Resolution 199, a resolution des- uals of their moral sense. Office of National Drug Control Policy to (3) The greatest threat presented by such carry out this subsection $1,000,000 for con- ignating the last week of April of each use is to the youth of the United States, who tracting, policy research, and related costs. calendar year as ‘‘National Youth Fit- are illegally using drugs in increasingly (c) APPROPRIATE COMMITTEES DEFINED.—In ness Week.’’ greater numbers. this section, the term ‘‘appropriate commit- (4) The people of the United States are tees’’ means the Committee on Appropria- f more concerned about illegal drug use and tions, the Committee on Commerce, and the crimes associated with such use than with Committee on Education and the Workforce any other current social problem. of the House of Representatives, and the SENATE CONCURRENT RESOLU- (5) Efforts to legalize or otherwise legiti- Committee on Appropriations, and Com- TION 129—TO CORRECT A TECH- mize drug use present a message to the mittee on Labor and Human Resources of the NICAL ERROR IN THE ENROLL- youth of the United States that drug use is Senate. MENT OF H.R. 3910 acceptable. f (6) Article VI, clause 2 of the Constitution Mr. MURKOWSKI submitted the fol- of the United States states that ‘‘[t]his Con- ADDITIONAL COSPONSORS lowing concurrent resolution; which stitution, and the laws of the United States S. 597 was considered and agreed to: which shall be made in pursuance thereof; INGAMAN At the request of Mr. B , the S. CON. RES. 129 and all treaties made, or which shall be name of the Senator from Connecticut made, under the authority of the United (Mr. DODD) was added as a cosponsor of Resolved by the Senate (the House of Rep- States, shall be the supreme law of the land; S. 597, a bill to amend title XVIII of the resentatives concurring), That in the enroll- and judges in every state shall be bound ment of H.R. 3910 the Clerk of the House thereby, any thing in the Constitution or Social Security Act to provide for cov- shall, in title IV, section 406, strike ‘‘5 years laws of any state to the contrary notwith- erage under part B of the medicare pro- after the date of enactment of the Omnibus standing.’’. gram of medical nutrition therapy National Parks and Public Lands Act of (7) The courts of the United States have re- services furnished by registered dieti- 1998’’ and insert ‘‘5 years after the date of en- peatedly found that any State law that con- tians and nutrition professionals. actment of this Act.’’

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12726 CONGRESSIONAL RECORD — SENATE October 20, 1998 SENATE CONCURRENT RESOLU- ‘‘§ 4014. Testing for human immunodeficiency 4283) to support sustainable and broad- TION 130—TO CORRECT THE EN- virus based agricultural and rural develop- ROLLMENT OF H.R. 4328 ‘‘(a) The Attorney General shall cause each ment in sub-Saharan Africa, and for individual convicted of a Federal offense who other purposes; as follows: Mr. REED submitted the following is sentenced to incarceration for a period of Strike all after the enacting clause and in- concurrent resolution; which was re- 6 months or more to be tested for the pres- sert the following: ferred to the Committee on Appropria- ence of the human immunodeficiency virus, tions: as appropriate, after the commencement of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as S. CON. RES. 130 that incarceration, if such individual is de- the ‘‘Africa: Seeds of Hope Act of 1998’’. Resolved by the House of Representatives (the termined to be at risk for infection with such virus in accordance with the guidelines (b) TABLE OF CONTENTS.—The table of con- Senate concurring), That, in the enrollment of tents is as follows: the bill H.R. 4328, making appropriations for issued by the Bureau of Prisons relating to infectious disease management. Sec. 1. Short title; table of contents. the Department of Transportation and re- Sec. 2. Findings and declaration of policy. lated agencies for the fiscal year ending Sep- ‘‘(b) If the Attorney General has a well- tember 30, 1999, and for other purposes, the founded reason to believe that a person sen- TITLE I—ASSISTANCE FOR SUB- Clerk of the House of Representatives shall tenced to a term of imprisonment for a Fed- SAHARAN AFRICA make the following correction: Strike sec- eral offense, or ordered detained before trial Sec. 101. Africa Food Security Initiative. tion 103 of division A. under section 3142(e), may have intentionally Sec. 102. Microenterprise assistance. or unintentionally transmitted the human Sec. 103. Support for producer-owned cooper- f immunodeficiency virus to any officer or em- ative marketing associations. SENATE RESOLUTION 311—EX- ployee of the United States, or to any person Sec. 104. Agricultural and rural development PRESSING THE SENSE OF THE lawfully present in a correctional facility activities of the Overseas Pri- SENATE THAT THE SECRETARY who is not incarcerated there, the Attorney vate Investment Corporation. General shall— Sec. 105. Agricultural research and exten- OF THE INTERIOR SHOULD SUP- ‘‘(1) cause the person who may have trans- sion activities. PORT THE ESABLISHMENT OF A mitted the virus to be tested promptly for TITLE II—WORLDWIDE FOOD ASSIST- MEMORIAL TO THOMAS PAINE the presence of such virus and communicate ANCE AND AGRICULTURAL PROGRAMS Mr. D’AMATO submitted the fol- the test results to the person tested; and Subtitle A—Nonemergency Food Assistance lowing resolution; which was referred ‘‘(2) consistent with the guidelines issued Programs to the Committee on Energy and Nat- by the Bureau of Prisons relating to infec- tious disease management, inform any per- Sec. 201. Nonemergency food assistance pro- ural Resources: son (in, as appropriate, confidential con- grams. S. RES. 311 sultation with the person’s physician) who Subtitle B—Bill Emerson Humanitarian Resolved, may have been exposed to such virus, of the Trust Act of 1998 SECTION 1. THOMAS PAINE MEMORIAL. potential risk involved and, if warranted by Sec. 211. Short title. It is the sense of the Senate that the Sec- the circumstances, that prophylactic or Sec. 212. Amendments to the Food Security retary of the Interior should support the es- other treatment should be considered. Commodity Reserve Act of 1996. tablishment of a memorial to Thomas Paine ‘‘(c) If the results of a test under sub- Subtitle C—International Fund for in the District of Columbia, as authorized by section (a) or (b) indicate the presence of the Agricultural Development human immunodeficiency virus, the Attor- Public Law 102–407 (40 U.S.C. 1003 note). Sec. 221. Review of the International Fund ney General shall provide appropriate access SEC. 2. LOCATION OF MEMORIAL. for Agricultural Development. for counselling, health care, and support The memorial described in section 1 TITLE III—MISCELLANEOUS PROVISIONS should— services to the affected officer, employee, or (1) be established on the National Park other person, and to the person tested. Sec. 301. Report. Service property in Constitution Gardens ‘‘(d) The results of a test under this section SEC. 2. FINDINGS AND DECLARATION OF POLICY. within the 1700 block of Constitution Ave- are inadmissible against the person tested in (a) FINDINGS.—Congress finds the fol- nue, N.W., in the District of Columbia; and any Federal or State civil or criminal case lowing: (2) specifically include the structure or proceeding. (1) The economic, security, and humani- known as the ‘‘Canal House’’, to be used by ‘‘(e) Not later than 1 year after the date of tarian interests of the United States and the the Thomas Paine National Historical Asso- enactment of this section, the Attorney Gen- nations of sub-Saharan Africa would be en- ciation U.S.A. Memorial Foundation as an eral shall issue rules to implement this sec- hanced by sustainable, broad-based agricul- integral part of the memorial, in a manner tion. Such rules shall require that the re- tural and rural development in each of the determined by the National Park Service sults of any test are communicated only to African nations. and the Thomas Paine National Historical the person tested, and, if the results of the (2) According to the Food and Agriculture Association U.S.A. Memorial Foundation. test indicate the presence of the virus, to Organization, the number of undernourished correctional facility personnel consistent f people in Africa has more than doubled, from with guidelines issued by the Bureau of Pris- approximately 100,000,000 in the late 1960s to AMENDMENTS SUBMITTED ons. Such rules shall also provide for proce- 215,000,000 in 1998, and is projected to in- dures designed to protect the privacy of a crease to 265,000,000 by the year 2010. Accord- person requesting that the test be performed ing to the Food and Agriculture Organiza- CORRECTION OFFICERS HEALTH and the privacy of the person tested.’’. tion, the term ‘‘under nutrition’’ means in- AND SAFETY ACT OF 1998 (b) CLERICAL AMENDMENT.—The table of adequate consumption of nutrients, often ad- sections at the beginning of chapter 301 of versely affecting children’s physical and title 18, United States Code, is amended by mental development, undermining their fu- HATCH AMENDMENT NO. 3832 adding at the end the following new item: ture as productive and creative members of ‘‘4014. Testing for human immunodeficiency their communities. Mr. BURNS (for Mr. HATCH) proposed virus.’’. (3) Currently, agricultural production in an amendment to the bill (H.R. 2070) to Africa employs about two-thirds of the work- amend title 18, United States Code, to (c) GUIDELINES FOR STATES.—Not later than 1 year after the date of the enactment force but produces less than one-fourth of provide for the mandatory testing for of this Act, the Attorney General, in con- the gross domestic product in sub-Saharan serious transmissible diseases of incar- sultation with the Secretary of Health and Africa, according to the World Bank Group. cerated persons whose bodily fluids Human Services, shall provide to the several (4) African women produce up to 80 percent come into contact with corrections States proposed guidelines for the preven- of the total food supply in Africa according personnel and notice to those personnel tion, detection, and treatment of incarcer- to the International Food Policy Research ated persons and correctional employees who Institute. of the results of the tests, and for other (5) An effective way to improve conditions purposes; as follows: have, or may be exposed to, infectious dis- eases in correctional institutions. of the poor is to increase the productivity of Strike all after the enacting clause and in- the agricultural sector. Productivity in- sert the following: f creases can be fostered by increasing re- SECTION 1. SHORT TITLE. AFRICA: SEEDS OF HOPE ACT OF search and education in agriculture and This Act may be cited as the ‘‘Correction 1998 rural development. Officers Health and Safety Act of 1998’’. (6) In November 1996, the World Food Sum- SEC. 2. TESTING FOR HUMAN IMMUNO- mit set a goal of reducing hunger worldwide DEFICIENCY VIRUS. DEWINE AMENDMENT NO. 3833 by 50 percent by the year 2015 and encour- (a) IN GENERAL.—Chapter 301 of title 18, aged national governments to develop do- United States Code, is amended by adding at Mr. BURNS (for Mr. DEWINE) pro- mestic food plans and to support inter- the end the following: posed an amendment to the bill (H.R. national aid efforts.

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(7) Although the World Bank Group re- (b) SENSE OF CONGRESS.—It is the sense of (A) to cooperate with governments of for- cently has launched a major initiative to Congress that, if there is an increase in fund- eign countries, including governments of po- support agricultural and rural development, ing for sub-Saharan programs, the Adminis- litical subdivisions of such countries, their only 10 percent, or $1,200,000,000, of its total trator of the United States Agency for Inter- agricultural research universities, and par- lending to sub-Saharan Africa for fiscal national Development should proportion- ticularly with United States nongovern- years 1993 to 1997 was devoted to agriculture. ately increase resources to the Africa Food mental organizations and United States (8)(A) United States food processing and Security Initiative, or any comparable or land-grant universities, that have dem- agricultural sectors benefit greatly from the successor program, for fiscal year 2000 and onstrated expertise in the development and liberalization of global trade and increased subsequent fiscal years in order to meet the promotion of successful private producer- exports. needs of the countries participating in such owned cooperative marketing associations; (B) Africa represents a growing market for Initiative. and United States food and agricultural prod- SEC. 102. MICROENTERPRISE ASSISTANCE. (B) to facilitate partnerships between ucts. Africa’s food imports are projected to (a) BILATERAL ASSISTANCE.—In providing United States and African cooperatives and rise from less than 8,000,000 metric tons in microenterprise assistance for sub-Saharan private businesses to enhance the capacity 1990 to more than 25,000,000 metric tons by Africa, the Administrator of the United and technical and marketing expertise of the 2020. States Agency for International Develop- business associations in sub-Saharan Africa. (9)(A) Increased private sector investment ment shall, to the extent practicable, use in African countries and expanded trade be- credit and microcredit assistance to improve SEC. 104. AGRICULTURAL AND RURAL DEVELOP- the capacity and efficiency of agriculture MENT ACTIVITIES OF THE OVER- tween the United States and Africa can SEAS PRIVATE INVESTMENT COR- greatly help African countries achieve food production in sub-Saharan Africa of small- PORATION. self-sufficiency and graduate from depend- scale farmers and small rural entrepreneurs. (a) PURPOSE.—The purpose of this section ency on international assistance. In providing assistance, the Administrator (B) Development assistance, technical as- should use the applied research and technical is to encourage the Overseas Private Invest- sistance, and training can facilitate and en- assistance capabilities of United States land- ment Corporation to work with United courage commercial development in Africa, grant universities. States businesses and other United States such as improving rural roads, agricultural (b) MULTILATERAL ASSISTANCE.— entities to invest in rural sub-Saharan Afri- research and extension, and providing access (1) IN GENERAL.—The Administrator of the ca, particularly in ways that will develop the to credit and other resources. United States Agency for International De- capacities of small-scale farmers and small (10)(A) Several United States private vol- velopment shall continue to work with other rural entrepreneurs, including women, in untary organizations have demonstrated suc- countries, international organizations (in- sub-Saharan Africa. cess in empowering Africans through direct cluding multilateral development institu- (b) SENSE OF CONGRESS.—It is the sense of business ownership and helping African agri- tions), and entities assisting microenter- Congress that— cultural producers more efficiently and di- prises and shall develop a comprehensive and (1) the Overseas Private Investment Cor- rectly market their products. coordinated strategy for providing microen- poration should exercise its authority under (B) Rural business associations, owned and terprise assistance for sub-Saharan Africa. law to undertake an initiative to support controlled by farmer shareholders, also (2) ADDITIONAL REQUIREMENT.—In carrying private agricultural and rural development greatly help agricultural producers to in- out paragraph (1), the Administrator should in sub-Saharan Africa, including issuing crease their household incomes. encourage the World Bank Consultative loans, guaranties, and insurance, to support (b) DECLARATION OF POLICY.—It is the pol- Group to Assist the Poorest to coordinate rural development in sub-Saharan Africa, icy of the United States, consistent with the strategy described in such paragraph. particularly to support intermediary organi- title XII of part I of the Foreign Assistance SEC. 103. SUPPORT FOR PRODUCER-OWNED CO- zations that— Act of 1961, to support governments of sub- OPERATIVE MARKETING ASSOCIA- (A) directly serve the needs of small-scale Saharan African countries, United States TIONS. farmers, small rural entrepreneurs, and rural and African nongovernmental organizations, (a) PURPOSES.—The purposes of this section producer-owned cooperative purchasing and universities, businesses, and international are— marketing associations; agencies, to help ensure the availability of (1) to support producer-owned cooperative (B) have a clear track-record of support for basic nutrition and economic opportunities purchasing and marketing associations in sound business management practices; and for individuals in sub-Saharan Africa, sub-Saharan Africa; (C) have demonstrated experience with through sustainable agriculture and rural (2) to strengthen the capacity of farmers in participatory development methods; and development. sub-Saharan Africa to participate in na- (2) the Overseas Private Investment Cor- TITLE I—ASSISTANCE FOR SUB-SAHARAN tional and international private markets and poration should utilize existing equity funds, AFRICA to promote rural development in sub-Saha- loan and insurance funds, to the extent fea- SEC. 101. AFRICA FOOD SECURITY INITIATIVE. ran Africa; sible and in accordance with existing con- (a) ADDITIONAL REQUIREMENTS IN CARRYING (3) to encourage the efforts of farmers in tractual obligations, to support agriculture OUT THE INITIATIVE.—In providing develop- sub-Saharan Africa to increase their produc- and rural development in sub-Saharan Afri- ment assistance under the Africa Food Secu- tivity and income through improved access ca. rity Initiative, or any comparable or suc- to farm supplies, seasonal credit, technical expertise; and SEC. 105. AGRICULTURAL RESEARCH AND EXTEN- cessor program, the Administrator of the SION ACTIVITIES. United States Agency for International De- (4) to support small businesses in sub-Sa- velopment— haran Africa as they grow beyond micro- (a) DEVELOPMENT OF PLAN.—The Adminis- (1) shall emphasize programs and projects enterprises. trator of the United States Agency for Inter- that improve the food security of infants, (b) SUPPORT FOR PRODUCER-OWNED COOPER- national Development, in consultation with young children, school-age children, women ATIVE MARKETING ASSOCIATIONS.— the Secretary of Agriculture and appropriate and food-insecure households, or that im- (1) ACTIVITIES.— Department of Agriculture agencies, espe- prove the agricultural productivity, in- (A) IN GENERAL.—The Administrator of the cially the Cooperative State, Research, Edu- comes, and marketing of the rural poor in United States Agency for International De- cation and Extension Service (CSREES), Africa; velopment is authorized to utilize relevant shall develop a comprehensive plan to co- (2) shall solicit and take into consideration foreign assistance programs and initiatives ordinate and build on the research and ex- the views and needs of intended beneficiaries for sub-Saharan Africa to support private tension activities of United States land- and program participants during the selec- producer-owned cooperative marketing asso- grant universities, international agricultural tion, planning, implementation, and evalua- ciations in sub-Saharan Africa, including research centers, and national agricultural tion phases of projects; rural business associations that are owned research and extension centers in sub-Saha- (3) shall favor countries that are imple- and controlled by farmer shareholders. ran Africa. menting reforms of their trade and invest- (B) ADDITIONAL REQUIREMENTS.—In car- (b) ADDITIONAL REQUIREMENTS.—Such plan ment laws and regulations in order to en- rying out subparagraph (A), the Adminis- shall seek to ensure that— hance free market development in the food trator— (1) research and extension activities will processing and agricultural sectors; and (i) shall take into account small-scale respond to the needs of small-scale farmers (4) shall ensure that programs are designed farmers, small rural entrepreneurs, and rural while developing the potential and skills of and conducted in cooperation with African workers and communities; and researchers, extension agents, farmers, and and United States organizations and institu- (ii) shall take into account the local-level agribusiness persons in sub-Saharan Africa; tions, such as private and voluntary organi- perspectives of the rural and urban poor (2) sustainable agricultural methods of zations, cooperatives, land-grant and other through close consultation with these farming will be considered together with new appropriate universities, and local producer- groups, consistent with section 496(e)(1) of technologies in increasing agricultural pro- owned cooperative marketing and buying as- the Foreign Assistance Act of 1961 (22 U.S.C. ductivity in sub-Saharan Africa; and sociations, that have expertise in addressing 2293(e)(1)). (3) research and extension efforts will focus the needs of the poor, small-scale farmers, (2) OTHER ACTIVITIES.—In addition to car- on sustainable agricultural practices and entrepreneurs, and rural workers, including rying out paragraph (1), the Administrator is will be adapted to widely varying climates women. encouraged— within sub-Saharan Africa.

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TITLE II—WORLDWIDE FOOD ASSISTANCE (A) by striking ‘‘ASSISTANCE.—Notwith- pended or to be expended on related activi- AND AGRICULTURAL PROGRAMS standing’’ and inserting the following: ‘‘AS- ties during the current and previous 4 fiscal Subtitle A—Nonemergency Food Assistance SISTANCE.— years. Programs ‘‘(A) IN GENERAL.—Notwithstanding’’; and (B) by adding at the end the following: f SEC. 201. NONEMERGENCY FOOD ASSISTANCE ‘‘(B) LIMITATION.—The Secretary may re- PROGRAMS. lease eligible commodities under subpara- (a) IN GENERAL.—In providing non- graph (A) only to the extent such release is ADDITIONAL STATEMENTS emergency assistance under title II of the consistent with maintaining the long-term Agricultural Trade Development and Assist- value of the trust.’’; ance Act of 1954 (7 U.S.C. 1721 et seq.), the (3) in subsection (d)— Administrator of the United States Agency (A) in paragraph (1), by striking ‘‘and’’ at for International Development shall ensure the end; WORLD POPULATION AWARENESS that— (B) in paragraph (2), by striking the period WEEK (1) in planning, decisionmaking, and imple- at the end and inserting ‘‘; and’’; and ∑ mentation in providing such assistance, the (C) by adding at the end the following: Mr. KERREY. Mr. President, I rise Administrator takes into consideration local ‘‘(3) subject to the need for release of com- today to acknowledge October 24–31 as input and participation directly and through modities from the trust under subsection the 13th annual observation of World United States and indigenous private and (c)(1), for the management of the trust to Population Week. In particular, I draw voluntary organizations; preserve the value of the trust through ac- to the attention of my colleagues the (2) each of the nonemergency activities de- quisitions under subsection (b)(2).’’; and proclamation of World Population scribed in paragraphs (2) through (6) of sec- (4) in subsection (f)— Awareness Week by the Governor of tion 201 of such Act (7 U.S.C. 1721), including (A) in paragraph (2), by inserting ‘‘OF THE Nebraska, Ben Nelson. I ask that the programs that provide assistance to people TRUST’’ after ‘‘REIMBURSEMENT’’ in the head- of any age group who are otherwise unable to ing; and full text of this proclamation be print- meet their basic food needs (including feed- (B) in paragraph (2)(A), by inserting ‘‘and ed in the RECORD. ing programs for the disabled, orphaned, el- the funds shall be available to replenish the The text follows: derly, sick and dying), are carried out; and trust under subsection (b)’’ before the end (3) greater flexibility is provided for pro- period. Whereas world population stands today at gram and evaluation plans so that such as- (b) CONFORMING AMENDMENTS.— more than 5.9 billion and increases by more sistance may be developed to meet local (1) Title III of the Agricultural Act of 1980 than 80 million per year, with virtually all of needs, as provided for in section 202(f) of such (7 U.S.C. 1736f–1 et seq.) is amended by strik- this growth in the least developed countries; Act (7 U.S.C. 1722(f)). ing the title heading and inserting the fol- Whereas the consequences of rapid popu- (b) OTHER REQUIREMENTS.—In providing as- lowing: lation growth are not limited to the devel- sistance under the Agriculture Trade Devel- ‘‘TITLE III—BILL EMERSON oping world but extend to all nations and to opment and Assistance Act of 1954, the Sec- HUMANITARIAN TRUST’’. all people, including every citizen of the retary of Agriculture and the Administrator State of Nebraska concerned for human dig- (2) Section 301 of the Agricultural Act of of United States Agency for International nity, freedom and democracy, as well as for 1980 (7 U.S.C. 1736f–1 note) is amended to read Development shall ensure that commodities as follows: the impact on the global economy; are provided in a manner that is consistent ‘‘SEC. 301. SHORT TITLE. Whereas 1.3 billion people—more than the with sections 403 (a) and (b) of such Act (7 combined population of Europe and North U.S.C. 1733 (a) and (b)). ‘‘This title may be cited as the ‘Bill Emer- son Humanitarian Trust Act’.’’. Africa—live in absolute poverty on the Subtitle B—Bill Emerson Humanitarian Trust (3) Section 302 of the Agricultural Act of equivalent of one US dollar or less a day; Act of 1998 1980 (7 U.S.C. 1736f–1) is amended— Whereas 1.5 billion people—nearly one- SEC. 211. SHORT TITLE. (A) in the section heading, by striking quarter of the world population—lack an This subtitle may be cited as the ‘‘Bill ‘‘RESERVE’’ and inserting ‘‘TRUST’’; adequate supply of clean drinking water or Emerson Humanitarian Trust Act of 1998’’. (B) by striking ‘‘reserve’’ each place it ap- sanitation; pears (other than in subparagraphs (A) and SEC. 212. BILL EMERSON HUMANITARIAN TRUST Whereas more than 840 million people— ACT. (B) of subsection (b)(1)) and inserting one-fifth of the entire population of the de- ‘‘trust’’; (a) IN GENERAL.—Section 302 of the Agri- veloping world—are hungry or mal-nour- (C) in subsection (b)— cultural Act of 1980 (7 U.S.C. 1736f–1) is ished; (i) in the subsection heading, by striking amended— Whereas this unmet demand for family ‘‘RESERVE’’ and inserting ‘‘TRUST’’; (1) in subsection (b)— planning is projected to result in 1.2 billion (ii) in paragraph (1)(B), by striking ‘‘re- (A) in the subsection heading, by inserting unintended births; serve,’’ and inserting ‘‘trust,’’; and ‘‘OR FUNDS’’ after ‘‘COMMODITIES’’; (iii) in the paragraph heading of paragraph Whereas the 1994 International Conference (B) in paragraph (1)— (2), by striking ‘‘RESERVE’’ and inserting on Population and Development determined (i) in subparagraph (B), by striking ‘‘and’’ ‘‘TRUST’’; and that political and appropriate programs at the end; (D) in the subsection heading of subsection aimed at providing universal access to vol- (ii) in subparagraph (C), by striking the pe- (e), by striking ‘‘RESERVE’’ and inserting untary family planning, information, edu- riod at the end and inserting ‘‘; and’’; and ‘‘TRUST’’. cation and services can ensure world popu- (iii) by adding at the end the following: (4) Section 208(d)(2) of the Agricultural lation stabilization at 8 billion or less rather ‘‘(D) funds made available under paragraph Trade Suspension Adjustment Act of 1980 (7 than 12 billion or more; (2)(B) which shall be used solely to replenish U.S.C. 4001(d)(2)) is amended by striking Now, therefore, I, E. Benjamin Nelson, commodities in the trust.’’; and ‘‘Food Security Commodity Reserve Act of (C) in paragraph (2), Governor of the State of Nebraska, do hereby 1996’’ and inserting ‘‘Bill Emerson Humani- (i) by striking subparagraph (B) and insert- proclaim the week of October 25–31, 1998 as tarian Trust Act (7 U.S.C. 1736f–1 et seq.)’’. ing the following: World Population Awareness Week, and urge (5) Section 901b(b)(3) of the Merchant Ma- citizens of the State to take cognizance of ‘‘(B) FUNDS.—Any funds used to acquire el- rine Act, 1936 (46 U.S.C. App. 1241f(b)(3)), is igible commodities through purchases from this event and to participate appropriately amended by striking ‘‘Food Security Wheat producers or in the market to replenish the in its observance. Reserve Act of 1980 (7 U.S.C. 1736f–1)’’ and in- trust shall be derived— serting ‘‘Bill Emerson Humanitarian Trust Mr. President, I ask my colleagues to ‘‘(i) with respect to fiscal years 2000 Act (7 U.S.C. 1736f–1 et seq.)’’. join me in recognizing World Popu- through 2002 from funds made available to lation Awareness Week.∑ carry out the Agricultural Trade Develop- TITLE III—MISCELLANEOUS PROVISIONS ment and Assistance Act of 1954 (7 U.S.C. 1691 SEC. 301. REPORT. et seq.) that are used to repay or reimburse Not later than 6 months after the date of f the Commodity Credit Corporation for the enactment of this Act, the Administrator of release of eligible commodities under sub- the United States Agency for International sections (c)(2) and (f)(2), except that, of such Development, in consultation with the heads BREAST CANCER RESEARCHERS funds, not more than $20,000,000 may be ex- of other appropriate agencies, shall prepare ∑ Mr. D’AMATO. Mr. President, I rise pended for this purpose in each of the fiscal and submit to Congress a report on how the years 2000 through 2002; and Agency plans to implement sections 101, 102, today to acknowledge the outstanding ‘‘(ii) from funds authorized for that use by 103, 105, and 201 of this Act, the steps that dedication and commitment of two an appropriations Act.’’; have been taken toward such implementa- New Yorkers and the staff of a state- (2) in subsection (c)(2)— tion, and an estimate of all amounts ex- wide breast cancer hotline. Lorraine

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12729 Pace, a breast cancer survivor, and Dr. had been threatened or actually phys- TRIBUTE TO MATTHEW SHEPARD Wende Logan-Young, a Rochester-area ically attacked for being gay. Matthew AND HIS FAMILY physician were awarded New York’s Shepard is not the exception to the ∑ Mrs. MURRAY. Mr. President, I rise ‘‘Innovation in Breast Cancer Early rule, Mr. President; his tragic death today to remember a young man who Detection and Research Awards.’’ rather is the extreme example of what was wrongly, viciously struck down in Lorraine Pace, Breast Cancer Edu- happens on a daily basis in our schools, the prime of his life. Matthew Shepard cation Specialist at the University on our streets and in our communities. was an innocent, kind, young man pur- Hospital at Stony Brook, was recog- And that’s why we have an obligation suing his education and enjoying the nized in the ‘‘Consumer’’ category as a to pass laws that make clear our deter- life of a college student. Tragically, he compassionate and effective advocate mination to root out this hatred. We is now a reminder of what happens for women with breast cancer. hear a lot from Congress today how we when we do not stand up to hate and Dr. Logan-Young is the founder and are a country of laws, not men. Let bigotry. director of the Elizabeth Wende Breast them make good on those words and On Monday night in Seattle and Spo- Clinic in Rochester. She was recognized pass hate crime legislation. kane, Washington, hundreds of people in the ‘‘Professional’’ category for her To all Americans, I encourage you from all walks of life came together to outstanding work with the Women’s tonight to stare down those who want remember Matthew and to call for ac- Health Partnership and her contribu- you to live in fear and declare boldly tion to end hate crimes. Many people tion to the advances in mammography that you will not live in a country in Washington were outraged and screening technology. where private prejudice undermines shared in our Nation’s sorrow. I was I commend and admire the service of public law. touched by this response and join with Lorraine Pace and Dr. Wende Logan- Each of us has the power to make so many others in expressing my own Young in helping New York’s women this happen, and in a small way change deep sense of hopelessness. I know that lead healthier, longer, and more pro- misperception and reverse prejudice. this was not just an isolated incident. ductive lives.∑ Our belief in the strength of human Hate crimes are a real threat. We can- f justice can overcome the hatred in our not be silent any longer. society—by confronting it. A week ago today, I joined many of THE DEATH OF MATTHEW So we must confront it as Martin Lu- SHEPARD my colleagues down at the White ther King did when he preached in Bir- House in celebration of the signing of ∑ Mr. KERRY. Mr. President, Ameri- mingham and Memphis and all over the Higher Education Reauthorization cans from every region in the country, this country, when he thundered his Act. I was proud to be there to call at- from all walks of life—Americans protest and assuaged those who feared tention to the importance of this act. I straight and gay —have spent the past his dreams. He taught us how to look was proud that the legislation in- week expressing our sense of shock and hatred in the face and overcome it. creased opportunities for young stu- outrage for what happened on a dark We should face it as Nelson Mandela dents and improved access to quality road in Wyoming. We have also ex- did the day he left prison in South Af- education for all students. I thought pressed our passionate conviction and rica, knowing that if his heart was about how important it was for us to be knowledge that there is no room in our filled only with hatred, he could never focused on the needs of young Ameri- country for the kind of vicious, ter- be free. Nelson Mandela destroyed sys- cans and their families striving to rible, pathetic, ignorant hate that took temic hatred, faced the fear—and today achieve a higher education. the life of Matthew Shepard. sets an example to the world about I thought of the many college stu- We are a better country than that moving away from ignorance. dents and high school students I have and, Mr. President, I know that Wyo- We need to challenge it as Harvey met who would benefit from these op- ming is filled with good people who Milk did in San Francisco, when he portunities. I thought about my own share our shock tonight. brushed aside hatred, suspicion, fear college age children and the opportuni- But the question, here in this city of and death threats to serve his city. ties they would have. I knew this was a monuments, is what will we do about it Even as he foretold his own assassina- big accomplishment. as a country? Is there a lesson that can tion, Harvey prayed that ‘‘if a bullet Today, my thoughts are with another become a monument to Matthew should enter my brain, let that bullet young college student who will never Shepard and so many others who suffer destroy every door.’’ He knew experience the opportunities and im- because of other people’s limitations? that true citizenship belongs only to an provements we worked so hard to The reason we are here is to guar- enlightened people, undeterred by pas- achieve. My thoughts have gone from antee that lesson and to make certain sion or prejudice—and it exists in a improving opportunities to how to pre- that there will be no period of indiffer- country which recognizes no one par- vent the terrible heartache that Mat- ence, as there was initially when the ticular aspect of humanity before an- thew Shepard’s family and friends are country ignored the burning of black other. now experiencing. churches or overlooked the spray- Today, the challenge is to face our When I first heard of this horrible painted swastikas in synagogues; or fears and root out hatred wherever we crime I immediately felt deep sym- suggested that the undiluted hatred find it—whether on Laramie Road in pathy for Matthew’s parents. How which killed this young man is some- Wyoming, or on the back roads of Jas- frightening it must have been for them one else’s problem, some other commu- per, Texas, or in the Shenandoah Na- to fly half way around the world to be nity’s responsibility. tional Park. with their child who was almost unrec- We must all accept national responsi- The Declaration of Independence ognizable because of the violent attack bility for the killing in Wyoming, and framed it all for us and everything we he suffered. I can’t imagine the pain commit—each of us in our words, in try to be is based on the promise of cer- they must be experiencing. There are our hearts, and in our actions—to in- tain inalienable rights; life, liberty and simply no words that I could offer in sure that the lesson of Matthew the pursuit of happiness. comfort. Shepard is not forgotten. Mr. President, those two young high I then felt deep sorrow for the com- To my friends in the Congress, I say school dropouts threaten each and munity and the University. To know let us pass the Hate Crimes Prevention every one of us when they stole Mat- that those who committed this violent Act. And, let the so-called leaders in thew’s rights and life itself. and hateful crime are part of their this country stop their immature and That kind of hate is the real enemy community must be unbearable. This nonsensical rhetoric which encourages, of our civilization—and we come here community will never be the same. or justifies, these barbaric acts. Look to call on all people of good conscience I now feel sorry for our Nation. What to the 58 high schools in my own beau- to pass the laws that help us protect we have lost? A young man with so tiful state of Massachusetts where 22 every citizen and we ask all Americans much potential. What might Matthew percent of gay students say they skip to make the personal commitment to Shepard have become? We know that school because they feel unsafe there live their lives each day in a way that he was interested in political science and fully 31 percent of gay students brings us together.∑ and very interested in this field of

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12730 CONGRESSIONAL RECORD — SENATE October 20, 1998 study. Could Matthew have become a and in other digital formats. This legis- always been a fundamental priority for U.S. Senator? lation sets a standard for other nations our country and a responsibility of our I think now that maybe Matthew can who must also implement these trea- national government. Our creative in- teach us all. We need to use this tragic ties. dustries produce the material that and despicable crime to attack hate as The Senate bill was reported unani- makes the global information infra- we attack any other disease that kills. mously by the Senate Judiciary Com- structure something worth having. I We must treat hate crimes as the dead- mittee and passed the Senate without want to ensure that the creators of ly threat that they are and do more to opposition. The House-Senate con- movies and television and cable pro- prevent them. Hate is nothing more ference over the last several weeks also gramming and recordings and books than a cancer that needs to be stopped. led to all conferees signing the con- and computer software and interactive S. 1529, Hate Crimes Prevention Act, ference report and supporting the final media continue to create, that their offers us that opportunity. I am version of the legislation. As the only creativity is rewarded, that their cre- pleased to have joined with many of Senate Democratic conferee I was ations are not stolen or pirated, and my colleagues in cosponsoring this im- pleased to serve on this conference and that those basic tenets are followed in portant legislation. The bill would ex- participate in working out agreements all the world’s markets. pand the definition of a hate crime and with House Republican and Democratic improve prosecution of those who act conferees. The 1998 report of the International out their hate with violence. No one With the approval of the chairmen Intellectual Property Alliance con- beats a person to death and leaves and ranking Democrats on both the firms the importance of copyright- them to die without being motivated House Judiciary Committee and the based industries to our American econ- by a deep sense of hate. This was no House Commerce Committee, this omy and our economic future. The re- robbery. The motive was hate. landmark legislation—which Senator port demonstrates, for the seventh The immediate response of local law HATCH has called the most important straight year, that the U.S. copyright enforcement officials illustrates why bill we will pass this year—seemed to industries continue to be one of the we need to strengthen Federal Hate have finally cleared the last hurdle and largest and fastest growing segments of Crimes laws and why the Federal Gov- be ready to be sent to the President for the U.S. economy. These industries are ernment must take a greater role in enactment. On Thursday, October 8, leading this country into the digital ending this violence. Senator HATCH and I were both present age and the 21st century. Thanks good- I urge all of my colleagues to think on the Senate floor for Senate final ness cooler heads finally prevailed and about the many Matthew Shepards, we passage and had been informed that the Congress was allowed to complete work have all met. Kind and hard working House leadership had determined to on the Digital Millennium Copyright young adults. Let us act now to pre- take up and pass the bill that very day. Act.∑ vent any more senseless violence and Surprisingly, the bill was not taken deaths. up in the House on Thursday or Friday f It is often said that from tragedy we or Saturday or Sunday. There was a can learn. Let us learn from this tragic threat that it would not be brought up JACK HECHLER: DECADE OF SERV- event and make a commitment that we by the House leadership at all, and I ICE TO CONGRESSIONAL EX- will act on Hate Crimes Prevention leg- think that the Senate and the Amer- CHANGE PROGRAM islation. Let our actions serve as a ican people are entitled to an expla- ∑ comfort to Matthew’s parents and the nation. Mr. LIEBERMAN. Mr. President, it hundreds of other parents who fear for It turns out that the House Repub- gives me great pleasure today to recog- their children. lican leadership had decided to hold nize the dedication of Mr. Jack There are so many tragedies that we this critical legislation hostage to Hechler, who for the past decade has cannot prevent. Another senseless, bru- petty partisan politics. According to served as an interpreter and escort for tal attack like the one experienced by reports in Roll Call on October 8 and an annual Congressional exchange pro- Matthew is a tragedy that we can pre- 12, Reuters on October 10 and the Wash- gram; the U.S. Congress/Bundestag vent. We spend millions of dollars a ington Post on October 14 and 15, House Staff Exchange. year seeking cures for deadly diseases Republicans were mad that a pal of This highly successful program has that strike the young and old. We sim- theirs was not hired to head the Elec- been in existence since 1983 and serves ply cannot accept a disease that tronic Industries Alliance. The hold on as a guideline to staff exchanges strikes without warning and takes the this legislation is to ‘‘send a message.’’ around the world. For the past ten life of a precious vulnerable child. We Apparently, in the world of NEWT years, Mr. Hechler has been the con- need to treat hate the same. It cannot GINGRICH and DICK ARMEY and TOM tract interpreter and escort for the and will not be tolerated.∑ DELAY, trade associations better hire German staff delegation which arrives f their Republican friends or there will each summer for a three week program be retribution, including stalling ac- HOUSE DELAY IN PASSAGE OF in the United States. Born and raised tion of important bipartisan legislation in Germany, Mr. Hechler graduated THE DIGITAL MILLENNIUM that promotes the national interest. COPYRIGHT ACT, H.R. 2281 from American University in Wash- This is childish behavior beneath the ington, DC, served in Korea with the ∑ Mr. LEAHY. Mr. President, I am glad dignity of those who hold leadership U.S. Armed Forces and for more than that the House Republican leadership positions in a House of Congress. The 37 years was an active Civil Service relented and after several days’ delay Digital Millennium Copyright Act, a employee who, prior to retirement was allowed the House to consider and good bill on which so many of us have the Director of Policy, Plans and Eval- adopt the conference report on the worked so hard and cooperated so uation at the General Service Adminis- landmark Digital Millennium Copy- closely across the aisle, was finally al- tration. Now retired, Mr. Hechler has right Act, H.R. 2281. lowed to be considered by the House Just two weeks ago, the Senate been devoted to the U.S. Congress— and did pass. I thank the House Repub- Bundestag Staff Exchange Program. unanimously passed the Conference Re- lican leaders for ending their pout in port on the Digital Millennium Copy- time for this landmark legislation to Jack Hechler has been invaluable to right Act, H.R. 2281. This important be adopted. the U.S. Congress-Bundestag Staff Ex- legislation is based on the imple- This bill should help create jobs and change program by providing con- menting legislation recommended by economic opportunities to America’s tinuity to a program which relies heav- the Administration and introduced last leading copyright-based industries. We ily on alumni volunteers. The ten year by Senators HATCH, THOMPSON, all recognize that because the U.S. is member German delegations and the KOHL and me, to implement the new the world-wide leader in intellectual network of American alumni have World Intellectual Property Organiza- property, the U.S. will be the main counted on his insight and discussions tion (WIPO) copyright treaties. The beneficiary if Congress enacts this leg- to add to this annual program. A re- bill provides the protection necessary islation. cipient of the Order of Merit from the to encourage copyright owners to make Protecting and encouraging the in- Federal Republic of Germany for his their works available over the Internet tellectual creations of our citizens has work with this

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12731 exchange program, he has provided a vening when necessary. It has initiated he has held for 34 years. ‘‘I have more tremendous service and I offer my most proceedings at the request of Senator confidence in the institutions of gov- sincere thanks to Jack for his efforts MCCAIN and Senator HUTCHISON to re- ernment and the Congress than most of on behalf of the U.S. Congress-Bundes- view the status of access and competi- my constituents. The process is often tag Staff Exchange program. For a dec- tion in the railroad industry, and its untidy, but it works.’’ David S. Broder ade of service, vielen dank.∑ actions have produced a mix of govern- wrote in a column entitled ‘‘Lee Ham- f ment action and private-sector solu- ilton’s Mark,’’ ‘‘. . . no one will be more tions. With its staff of 135, it puts out missed by his colleagues of both parties THE VERY BAD DEBT BOXSCORE more work than much larger agencies, than LEE HAMILTON of Indiana . . . (h)e ∑ Mr. HELMS. Mr. President, at the issuing well-reasoned, thoughtful, and is an exemplar of the common-sense, close of business yesterday, Monday, balanced decisions in tough, conten- instinctively moderate model of legis- October 19, 1998, the federal debt stood tious cases. Just recently, in the Con- lator that used to be common in Con- at $5,541,765,173,290.62 (Five trillion, rail acquisition case, the Board issued gress but is increasingly rare today.’’ five hundred forty-one billion, seven one such decision that is good for my I had the honor of serving with Rep- hundred sixty-five million, one hundred State, and for the Nation. resentative HAMILTON on the Commis- seventy-three thousand, two hundred But the Board is stretched thin. It sion on Protecting and Reducing Gov- ninety dollars and sixty-two cents). needs to train new people to replace ernment Secrecy (1995–1997). Our Com- Five years ago, October 19, 1993, the the many employees who are likely to mission recommended unanimously federal debt stood at $4,403,899,000,000 retire soon. And next year, it will con- that legislation should be adopted to (Four trillion, four hundred three bil- tinue to expend resources monitoring govern the system of classifying and lion, eight hundred ninety-nine mil- the implementation of the Conrail ac- declassifying information, which for a half century has been left to executive lion). quisition and the rest of the rail net- regulation. The Congressional mem- Ten years ago, October 19, 1988, the work. The Board needs adequate re- bers of the Commission introduced federal debt stood at $2,620,577,000,000 sources to do the hard work that we ex- such legislation in the House and Sen- (Two trillion, six hundred twenty bil- pect it to do. lion, five hundred seventy-seven mil- Because we need the Board, and be- ate and one of my largest regrets for the 105th Congress is that we could not lion). cause the Board has done a fine job, I get this legislation adopted in honor of Fifteen years ago, October 19, 1983, am here today supporting a clean reau- LEE HAMILTON’s retirement. This will the federal debt stood at thorization bill. I supported the Stag- take some time, but eventually, surely, $1,382,541,000,000 (One trillion, three gers Act when it was passed, and I hundred eighty-two billion, five hun- we will pass such a bill. think in large part it has been a suc- As the former Chairman of the Com- dred forty-one million). cess. mittee on Foreign Affairs, the Joint Twenty-five years ago, October 19, I know that there is some concern Committee on the Organization of Con- 1973, the federal debt stood at about how our transportation system gress, the Select Committee to Inves- $461,462,000,000 (Four hundred sixty-one ought to look, and that there are many tigate Covert Arms Transactions with billion, four hundred sixty-two million) important issues on the table right Iran, and the Permanent Select Com- which reflects a debt increase of more now. Several of those issues are being mittee on Intelligence, LEE HAMILTON than $5 trillion—$5,080,303,173,290.62 handled by the Board, in connection has showed an extraordinary capacity (Five trillion, eighty billion, three with its competition and access hear- to lead our country through difficult hundred three million, one hundred ings. I am confident that the Board times. Last year, LEE received the Ed- seventy-three thousand, two hundred will do the right thing with the issues mund S. Muskie Distinguished Public ninety dollars and sixty-two cents) before it. ∑ Service Award from the Center for Na- during the past 25 years. However, some of the tougher issues tional Policy and, just last month, the f that have not yet been resolved—for Hubert Humphrey Award from the example, the substantially more open REAUTHORIZATION OF THE SUR- American Political Science Associa- access that some shippers want—are FACE TRANSPORTATION BOARD tion. not for the Board. They are for us, and I might note here that Hubert Hum- ∑ Mr. HOLLINGS. Mr. President, I rise they are real. But the fact that the phrey was the first Chairman of the today in support of S. 1802, the reau- railroads and those who use the system Board of Trustees of the Woodrow Wil- thorization of the Surface Transpor- have a lot of ground to cover on these son International Center for Scholars tation Board (Board). I have spoken legislative issues should not hold up here in Washington. To our great ben- out in favor of the Board on many oc- the Board’s reauthorization. Legisla- efit, LEE HAMILTON has just recently casions. I want to reemphasize today tive change is our job. The Board, agreed to head the Wilson Center. He my commitment to seeing that the working with the law we gave it, has will assume his new post in January, Board will be in business for a long done its job. I want to thank the Board succeeding the Center’s distinguished time and will be given the resources in general, and Chairman Morgan in director, Charles Blitzer. Dr. Blitzer’s that it needs to continue its vital particular, who has my unqualified tremendous achievement—the building work. support, for a job well done. The Na- of a permanent home for the Wilson The Board is the independent eco- tion needs agencies like the Board and Center at the now complete Federal nomic regulatory agency that oversees public servants like Chairman Mor- Triangle—fulfills the commitment to the Nation’s rail and surface transpor- gan.∑ President Wilson’s living memorial as tation industries. A healthy transpor- f established in its 1968 founding statute. tation system is critical to sustaining THE RETIREMENT OF REPRESENT- That statute required that the Center a vibrant and growing economy. Under be located on Pennsylvania Avenue. ATIVE LEE H. HAMILTON OF IN- the able and forward-looking leader- Today the Wilson Center can be found DIANA ship of Linda Morgan, the Board’s at One Woodrow Wilson Plaza on Penn- Chairman, who was with us on the ∑ Mr. MOYNIHAN. Mr. President, I rise sylvania Avenue where it maintains ar- Commerce Committee for many years, today humbled by the considerable ac- chitectural and functional autonomy the Board has worked to ensure that complishments of a great friend and from its neighbor, the Ronald Reagan the transportation system is both colleague, LEE HAMILTON of Indiana. Building and International Trade Cen- healthy and responsive. Although it After 17 terms, he will leave the House ter. was established to be principally an ad- of Representatives at year’s end. What It is of enormous comfort to this judicatory body, the Board has reached a profound loss for us all. Senator to know that LEE HAMILTON out to the transportation community Not surprisingly, LEE HAMILTON con- will remain close at hand and continue in an unprecedented way. It has han- tinues to be recognized for his achieve- to engage us all in matters of great im- dled the crisis in the West appro- ments. Last Tuesday’s New York port. priately, letting the private sector Times quotes Congressman HAMILTON I ask that David Broder’s column work it out where possible, but inter- as ‘‘feeling pretty good about the job’’ ‘‘Lee Hamilton’s Mark’’ from The

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12732 CONGRESSIONAL RECORD — SENATE October 20, 1998 Washington Post and the article, ‘‘A fault,’’ he told me, ‘‘is timidity. We don’t chael S. Dukakis and Bill Clinton seriously Life Reflected in a House Trans- like to stick our necks out.’’ considered him as a running mate. formed,’’ by Melinda Henneberger in That has not been true of Lee Hamilton. Yet when invited to linger for a moment He has given his best judgment freely and over some favorite accomplishment, he men- The New York Times be printed in the plainly, usually supportive of the president, tions, not very grandly, that he was proud RECORD. but has never been reluctant to dissent. simply to have been among those who voted The article follows: In his final months in office, Hamilton re- for the creation of Medicare, even if he did [From the Washington Post, October 11, 1998] ceived the Edmund S. Muskie Distinguished not write the bill. Despite his talk about 1960’s sociability on LEE HAMILTON’S MARK Public Service Award from the Center for National Policy and the Hubert Humphrey the Hill, Mr. Hamilton seems always to have (By David S. Broder) Award from the American Political Science put in long hours. A 1966 profile in The Wash- He’s not the oldest or longest-serving of Association. Accepting the first award, he ington Star noted that, ‘‘Hamilton gets to the 21 House members who are retiring this said, ‘‘Politics and politicians may be un- the office every morning at about 6:30, reads year and not running for other offices. Those popular, but they’re also indispensable. . . . all the mail, answers nearly all the roll calls, distinctions belong to two other Democrats, Representative democracy, for all its faults, and has missed going back home on week- Illinois’ Sidney Yates, the ardent defender of enables us to live together peacefully and ends only a couple of times since he took of- arts funding, and Texas’s Henry Gonzalez, productively. It works through a process of fice. He doesn’t drink and he doesn’t smoke the populist scourge of bankers and other big deliberation, negotiation and compromise— and he works hard.’’ He has been enormously popular in the shots. in a word, the process of politics. At its best, Ninth District in southeastern Indiana. (He He may not have had the political impact representative democracy gives us a system of a much more junior Republican retiree, is also popular among his staff in a work- where all of us have a voice in the process place in which aides are often treated cas- New York’s Bill Paxon, who led the 1994 cam- and a stake in the product.’’ paign that ended 40 years of Democratic con- ually. Behind his back, staff members are Hamilton understands that ‘‘when healthy misty about his retirement.) trol of the House and who appeared to be on skepticism about government turns to cyni- track to a future speakership until he fell ‘‘I’ve been going to a lot of retirement din- cism, it becomes the great enemy of democ- ners back in Indiana,’’ he said, ‘‘and the out last year with his former ally Newt racy.’’ So his new career will position him to Gingrich. things people remember are the simple battle for understanding of politics and things, that I’ve tried to be accessible and But my hunch is that no one will be more against corrosive distrust. He will head the missed by his colleagues of both parties than honest and tried to make government work. Woodrow Wilson International Center for When I drive through my district and see a Lee Hamilton of Indiana, who is ending a no- Scholars in Washington, where academics sewage system or a library or a school I’ve table 34-year career in the House with the from other nations gather with Americans to had something to do with, that gives me a adjournment of this Congress. think and write about contemporary public lot of satisfaction.’’ Hamilton is a throwback to the old days of policy problems. He will also lead a newly And most likely, this unwillingness to the House—and not just because he still has formed Center on Congress at Indiana Uni- trumpet his career and contributions would the crew cut he wore when he came to Wash- versity, an interdisciplinary program aimed have set him apart at any moment in the ington as a small-town Hoosier lawyer in the at making the legislative branch less mys- history of the big, noisy institution he clear- Democratic landslide of 1964. He is an exem- terious and suspicious. He is the right man ly loves. plar of the common-sense, instinctively mod- for both jobs. On the other side of the ledger, Mr. Ham- erate model of legislator that used to be [From the New York Times, Oct. 13, 1998] ilton said, ‘‘You don’t walk away from a 34- common in Congress but is increasingly rare year career without some regrets, and I leave today. A LIFE REFLECTED IN A HOUSE TRANSFORMED very disappointed that we haven’t done Hamilton has made his mark in two areas (By Melinda Henneberger) something on campaign finance or affordable unlikely to produce public acclaim. Like his WASHINGTON, Oct. 12.—As he waits for the health care.’’ mentor and friend, former representative last votes of his 34-year Congressional ca- Not surprisingly, his most immediate re- Morris Udall of Arizona, he has struggled reer, Democratic Representative Lee Ham- gret is what he sees as the necessity of an in- with modest results to improve the internal ilton runs one hand through his crew cut and quiry into the possible grounds for impeach- organization and operations of the House and thinks out loud, in his right-down-the-mid- ing the President, a man he has praised on the way its members pay for their cam- dle way, about why the House is both meaner policy and excoriated for the private conduct paigns. More notably, he has been the Demo- and cleaner, more hard-working and less that got him into trouble. crats’ leader on international policy, serving thoughtful, than when he arrived here from ‘‘It’s a depressing way to end a career, on as chairman of the Foreign Affairs Com- Columbus, Ind., in 1965. the note of impeachment,’’ he said, removing mittee when his party had the majority. In In those days, he recalls, members of Con- his glasses, fiddling with them, putting them both arenas, he has consistently placed prin- gress palled around, played cards and made a back on. ‘‘I’m distressed with the ending, but ciple above partisanship and worked com- good-faith effort to be on the golf course by you don’t control these things.’’ Still, living through Watergate and Iran- fortably with like-minded Republicans. 1 P.M. Now they barely have time to get to contra, Mr. Hamilton said, has given him He first attracted attention in 1965 when, know one another, let alone contemplate the some perspective on the current situation: as chairman of the big freshman Democratic meaning of legislative life, in the press of 24- ‘‘We look back now and say the system class, he wrote President Lyndon Johnson hour news cycles and three-day work weeks worked in Watergate but in the middle of it, urging ‘‘a pause’’ in the breakneck pace of bracketed by rush-rush trips home. it was messy and partisan. And something Great Society legislation, the first clear sig- Back then, you could legally accept fancy like that is happening now, in my view.’’ nal that Johnson has pushed the mandate of gifts and pocket leftover campaign money How does he answer those in his own party his election sweep beyond safe political lim- when you retired. Even if you managed to who respond to criticism of Mr. Clinton’s be- its. Johnson came to Indiana to help Ham- get into trouble, there was no House ethics havior by saying essentially that President ilton with his first—and hardest—reelection committee until 1978. Then again, neither Reagan did far worse and survived? ‘‘In Iran- campaign in 1966, but the following year, was there any need to work full time raising contra you were looking at a President abus- Hamilton again demonstrated his independ- money. Mr. Hamilton is nostalgic about the ing the powers of the Presidency’’—as op- ence—and his prescience—by sponsoring one $30,000 he spent as a small-town lawyer on posed to the personal conduct under discus- of the first (but unsuccessful) amendments his first race in 1964, the year of Lyndon B. sion in the Clinton case, in his view. ‘‘But to scale back American military operations Johnson’s landslide. He spent $1 million on though a lot of people on the left were dis- in Vietnam. his last race in 1996. appointed we didn’t hang him, the evidence As Hamilton recalled in a speech last No- In his office, the Congressman’s papers are didn’t point to that.’’ vember, Johnson had been a friend as well as already being packed up, and the mail Mr. Hamilton was among the 31 Democrats his ally. ‘‘He had the freshman class in the marked ‘‘return to sender.’’ Settling in for a who broke party ranks and voted for an Cabinet Room and told us, ‘Buy your home.’ leisurely interview, the 67-year-old Indiana open-ended impeachment inquiry. He He said, ‘If you’re like most politicians, it’ll Basketball Hall of Famer drapes his large thought it only right to continue the proc- be the only decent investment you’ll ever frame over a straight wooden chair in a room ess, he said, though he has concluded that make.’ I did, and it was.’’ adorned with paintings of his dogs, Tawny the President’s wrongdoing does not meet But after the Vietnam amendment, John- and Buffy. the constitutional standard of an impeach- son called him in. ‘‘I will never forget his The politically moderate son of a Meth- able offense and believes Mr. Clinton will fin- eyes when he asked me, ‘How could you do odist minister from Evansville, Ind., he has ish his term. that to me, Lee?’ ’’ Hamilton recalled. ‘‘I been a major force on foreign policy and led And as Mr. Hamilton leaves office, he have served with eight presidents and 11 sec- opposition to aid for the Nicaraguan contra wants to spend some time thinking about retaries of state, and I have sympathized guerrillas. He was House chairman of the how the President might be rehabilitated to with the burdens and pressures all of them panel that investigated Reagan Administra- assure that America is not weakened, par- have faced.’’ But he has operated on the prin- tion support for the contras with the pro- ticularly on the international stage. ciple that if Congress is to meet its respon- ceeds of illegal arms sales to Iran, and also Mr. Hamilton’s future includes two new sibilities, it must offer its best and most can- chaired the Foreign Affairs and Intelligence jobs, as director of the Woodrow Wilson Cen- did counsel to an administration. ‘‘Our great Committees. The Presidential nominees Mi- ter in Washington, a Government-sponsored

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12733 institution that promotes research as well as The most amazing aspect of this is nominated as the Republican candidate exchanges between scholars and policy- that Erin only started competitively for sheriff in the November elections. A makers, and of a new center for the study of swimming 10 months ago when she remarkable reflection of the rapport Congress at Indiana University. He and his joined the Butte Tarpons Swim Club, she had with the community is the fact wife, Nancy, will stay on here, in their home in Alexandria, Va. under the direction of Swim Coach that several people who had once been Not only Congress, he said, but political Marie Cook and Assistant Coach Bill arrested and jailed by Officer Nickles life in general is a different game now than Sever. She is a natural athlete, but her have said that they still intended to it was in 1960, when Mr. Hamilton was unable true strength lies in her dedication. vote for her because of the way she had to turn out a respectable crowd to greet Sen- ‘‘Her determination is her strength,’’ treated them. ator John F. Kennedy in Columbus. Coach Cook says. ‘‘Her mental attitude The murder of Officer Nickles has ‘‘I called everybody I knew and couldn’t is just tough.’’ Erin’s focus provides an left the Harrodsburg community in a get 40 people to come out to the Old City Hall to see him just a few months before he excellent example for her teammates, state of shock. Much like our small got the nomination’’ for the Presidency, he Coach Cook says. ‘‘The kids on this Capitol Hill community was devastated said, laughing at the innocence of the time. team don’t think of her as disabled . . . by the murders of Officer J.J. Chestnut ‘‘Now you start running for President four when she gets on the blocks with taller and Detective John Gibson, the resi- years ahead of time and the voters are so kids you can see it—she’s such an in- dents of Harrodsburg are asking how well informed, you do something and get spiration to everyone.’’ this could happen in their small town. back to the office and the phones are already Erin, who is the daughter of Dr. As we are painfully aware, no commu- ringing.’’ Keith and Barbara Popovich, is only nity is immune from such heinous acts. Not all of that sophistication is progress, he said. He dared to say what no candidate one of 30 swimmers to qualify for the Mr. President, Officer Regina Wood- would: that today’s elected officials pay too United States Disabled Team. The ward Nickles leaves behind an extended much attention to constituents, tracking Paralympics features 585 swimmers family that must now cope with an un- every hiccup in public opinion. from 55 countries. imaginably horrific loss. Officer Nick- In some ways, he feels he is leaving on the I want to join with her family and les will also be mourned by the tight- same note he came in on: ‘‘We’re still fight- friends and all the Butte Tarpon Swim- knit Harrodsburg community in which ing about Medicare 30 years later.’’ But there mers in congratulating Erin on her tre- she was such a valued participant. has been positive change, he said, in that the When Officer Nickles announced her workings of Congress are much more open mendous success. Erin has proven her- now, and the body more truly representative, self as a World Champion and as one of candidacy for Sheriff, she elaborated with many more women and members of mi- Butte, Montana’s finest.∑ on her motivation for pursuing the po- nority groups in office. If he has learned any- f sition. ‘‘I want to do more than wear a thing, he said, it is the difficulty of making badge and a gun,’’ she observed. ‘‘I representative government work. TRIBUTE TO REGINA WOODWARD want to touch people’s lives.’’ Officer He has for some time now missed the NICKLES Nickles didn’t need to be elected sheriff collegiality of his early years in Washington, ∑ Mr. MCCONNELL. Mr. President, to do that. It is abundantly clear that when a senior Republican corrected a glaring Kentucky suffered a grievous loss last she had touched many people during parliamentary error Mr. Hamilton had made week when law enforcement officer Re- on a bill the man opposed—an act of gen- her too-brief life, and she will be sorely erosity that he said would be unimaginable gina Nickles of Harrodsburg, Kentucky missed.∑ today. was shot and killed, in the line of duty, f He will miss his colleagues, too. And if he early Wednesday morning as Officer has not fully focused on his feelings about Nickles and her partner were respond- REPUBLICAN OBSTRUCTION OF leaving, because there has not been time, Mr. ing to a call reporting a man sneaking PATENT REFORM LEGISLATION Hamilton exits feeling pretty good about the around the parking lot of a ∑ Mr. LEAHY. Mr. President, I have job: ‘‘I don’t leave as a pessimist. I’m not Harrodsburg factory. She was 45 years long been involved in high technology gloomy because I have more confidence in the institutions of government and the Con- old. issues and those affecting American in- gress than most of my constituents. The Born in Cincinnati, Ohio, Regina dustry that relies on intellectual prop- process is often untidy, but it works.’’∑ Woodward Nickles grew up in Boyle erty at its core. Over a decade ago, I f County in Central Kentucky. She went helped establish and chaired a Judici- to high school in Danville and then at- ary Committee Subcommittee on Tech- ERIN POPOVICH tended Eastern Kentucky University. nology and the Law. This year, we have ∑ Mr. BAUCUS. Mr. President, Butte, In 1983, at the age of 29, Officer Nickles successfully completed work on legisla- Montana has a long history of excel- became the first—and remains the tion to address the impending millen- lence in sports and the cultivation of only—woman to ever serve on the nium bug with the Senate and House champions. On Sunday, October 11, 1998 Harrodsburg Police force. When she adopting the Hatch-Leahy substitute in Christchurch, New Zealand, a young was profiled in the local newspaper in for S. 2392, the Year 2000 Information champion from Butte won a gold medal 1983, she said, ‘‘I want to do the best and Readiness Disclosure Act. in the 200-meter individual medley at job that I can, and I still feel like I I have also worked closely with Sen- the Paralympic World Swimming have to prove myself because I’m a ator HATCH on a number of other intel- Championships. At age 13, Erin woman. I don’t want to let these men lectual property measure including the Popovich obtained a gold medal with down who had enough confidence in me Digital Millennium Copyright Act, her personal best time of 3:32.45, shat- to hire me.’’ H.R. 2281, the Trademark Law Treaty tering her previous mark of 3:37.18 In a town as small as Harrodsburg— Implementation Act, S. 2193, and the which had been a world record. population 8000—all the officers are United States Patent and Trademark On Thursday, October 15 Erin signifi- well known. And Officer Nickles was Office Reauthorization Act, H.R. 3723. cantly added to her trophy case by win- particularly well regarded. She was Working with Senators DASCHLE, ning gold medals in the 50-meter free- known in the community as a peace- BINGAMAN, BOXER, HARKIN, KOHL and style and 50-meter butterfly races. The maker, an officer with a special talent others, we have been able to put the in- Butte Central Junior High 8th Grader for resolving disputes before they be- terests of the nation and the nation’s improved on her United States record came violent. She is remembered as economic future first and enact signifi- time in the 50-meter butterfly with a kind and caring, known for pulling cant legislation with respect to both time of 45.63. She also recorded a per- over motorists, giving them a stern copyright and trademark matters this sonal best in her 50-meter freestyle warning and sending them on their year. Unfortunately, we have not made with a time of 37.54. In the freestyle way. But she could also be tough when the progress that we should have on Erin was in second place until the final called for, and had the respect of the patent matters. 4 meters when she went on to win the community and all of her fellow offi- A critical matter from the intellec- gold. Erin also won a bronze medal in cers. tual property agenda, important to the the 100-meter freestyle and helped win Reflecting the the goodwill that she nation’s economic future, is reform of a gold for the women’s 200-meter team had built up in Harrodsburg over her our patent laws. I have been working freestyle relay. career, Officer Nickles was recently diligently along with Senators

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12734 CONGRESSIONAL RECORD — SENATE October 20, 1998 DASCHLE, BINGAMAN, CLELAND, BOXER, Senate will have no opportunity to percent of the medicine and economics HARKIN and LIEBERMAN to get the Om- consider this legislation to assist U.S. prizes, and 26 percent of the chemistry nibus Patent Act, S. 507, considered inventors small and large. I find this prizes.’’ This year, Austrian-born and passed by the Senate. It is an im- particularly unfortunate since our pat- American Walter Kohn won the Nobel portant measure to America’s future. ent bill was geared toward improving Prize for Medicine and Daniel Tsui, Working in tandem with Senator the operational efficiency at the PTO born in China, won the Nobel Prize in HATCH, we developed a good bill that and making government smaller and Physics as a naturalized American. was reported to the Senate by a vote of leaner. Mr. President, I believe every Amer- 17 to one over a year ago. Today’s inventors and creators can ican should take great pride in these We have been seeking Senate consid- be much like those of THOMAS Jeffer- gentlemen’s accomplishments. By eration and a vote for more than a son’s day—individuals in a shop, keeping American society free and year, but Republican objections have or home lab. They can also be teams of open we attracted them to our borders. prevented its passage. Last month, I scientists working in our largest cor- Through our willingness to seek out signed on to offer our patent bill as an porations or at our colleges and univer- and hire the most talented people amendment to the bankruptcy bill. I sities. Our nation’s patent laws should available we gave them the oppor- felt strongly that it was long past time be fair to American innovators of all tunity to excel. By rising above consid- for the Senate to consider this patent kinds—independent inventors, small erations of national origin and family reform legislation. Unfortunately, Re- businesses, venture capitalists and background all of us have benefitted publican opposition, again, prevented larger corporations. To maintain from the discoveries, the intelligence Senate consideration and prevented the America’s preeminence in the realm of and the hard work of literally millions amendment from even being offered. technology we need to modernize our of immigrants—from my own grand- I deeply regret that Republican ob- patent system and patent office. Our parents to the ancestors of our Found- jections succeeded in preventing Sen- inventors know this and that is why ing Fathers to the latest immigrant, ator HATCH from even offering our they support this legislation. intent on making a better life for him- amendment, in spite of the amendment I have received many letters of en- self and his family. spot that we had reserved for that pur- dorsements for S. 507, some of which I I ask that the full text of the article pose. I know that there is strong sup- placed into the CONGRESSIONAL RECORD from the Washington Times be printed port for this measure and I know that on June 23, July 10 and July 16, from in the RECORD. no Senate Democrat has been pre- the following coalitions and compa- venting or objecting to its consider- nies: the White House Conference on The article follows: ation. Small Businesses, the National Asso- [From the Washington Times, Oct. 17, 1998] Anonymous Senate Republican have ciation of Women Business Owners, the IMMIGRANTS HELP U.S. BRING HOME NOBEL prevented the patent bill from being Small Business Technology Coalition, BACON given the opportunity to be debated. National Small Business United, the (By Ruth Larson) This is not the way for the Senate to National Venture Capital Association, act. Republican objections killed pat- the 21st Century Patent Coalition, the This week’s announcement of the Nobel ent reform silently, without finger- Prizes for science continued America’s long- Chamber of Commerce of the United standing dominance of the prestigious prints, and without debate. States of America, the Pharmaceutical awards, thanks in large part to a wealth of I want to thank Secretary Daley and Research and Manufactures of Amer- foreign-born talent. the Administration for their unfailing ican (PhRMA), the American Auto- A National Research Council report last support of effective patent reform. Our mobile Manufacturers Association, the year found that about a third of all U.S. patent bill would be good for Vermont, Software Publishers Association, the Nobel Prizes were won by scientists born good for American innovators of all Semiconductor Industry Association, overseas. Immigrants have won 32 percent of sizes, and good for America. Unfortu- the Business Software Alliance, the the U.S. Nobel Prizes for physics, 31 percent nately, some secret minority of Senate American Electronics Association, the of the medicine and economics prizes, and 26 percent of the chemistry prizes. Republicans will not allow patent re- Institute of Electrical and Electronics form to proceed. Although the report does not state where Engineers, Inc., the Biotechnology In- the immigrants were born, the last 16 win- The patent bill would reform the U.S. dustry Organization, the International patent system in important ways. It ners since 1987 have come from places like Trademark Association, IBM, 3M, Austria, Germany, Switzerland, Hungary, would reduce legal fees that are paid by Intel, Caterpillar, AMP, and Hewlett- Canada, Mexico and Korea. inventors and companies; eliminate du- Packard. In addition, I have letters of ‘‘There’s no doubt about it: Immigrants plication of research efforts and accel- support from the National Association represent a very high proportion of Nobel erate research into new areas; increase of Manufacturers, TSM/Rockwell Inter- Prize winners,’’ said Cato Institute econo- the value of patents to inventors and national, Obsidian, and Allied Signal. mist Stephen Moore. companies; and facilitate U.S. inven- I am deeply disappointed that the The number of foreign-born Nobel Prize tors and companies’ research, develop- Senate is being prevented from consid- winners is all the more striking, given that ment, and commercialization of inven- ering this important legislation by Re- the U.S. foreign-born population reached just 8 percent in 1990, the report said. tions. publican recalcitrance. American in- Republican and Democratic Adminis- The Nobel Prizes, considered the ultimate ventors deserve better and America’s symbols of scientific achievement, show how trations alike, reaching back to the future is being short changed.∑ Johnson Administration, have sup- America in the 1990s has become a high-tech f melting pot, recruiting science and engineer- ported these reforms. Last year, five ing talent from around the world to fuel the former Patent Commissioners sent a IMMIGRANT NOBEL PRIZE WINNERS growth of industries from computers and letter to the President and to the mem- electronics to pharmaceuticals and bio- bers of the Senate supporting the pat- ∑ Mr. ABRAHAM. Mr. President, I technology. ent reform bill. would like to bring to the attention of In 1993, 23 percent of those holding science Senator HATCH and I agreed to incor- my colleagues a recent article in the and engineering doctorates were born over- porate suggestions from the White Washington Times dealing with the seas, according to the National Science House Conference on Small Businesses large proportion of Nobel Prize winners Foundation’s latest figures. and I am pleased to report that as a re- in the United States who are immi- Shirley Malcom of the American Associa- sult, the White House Conference on grants. As reported in this article, tion for the Advancement of Science, said, Small Businesses, the National Asso- while only approximately 8 percent of ‘‘The best and the brightest come here be- ciation of Women Business Owners, the the American population was foreign- cause there has been a tremendous research establishment built up in this country.’’ National Venture Capital Association, born as of 1990, approximately one Mr. Moore agreed: ‘‘If you’re one of the National Small Business United, and third of American winners of the Nobel world’s top scientists, you want to be at the Small Business Technology Coali- Prize have been immigrants. Stanford or Harvard or MIT, where they tion concluded that the bill would be of The Times also reports that, accord- have some of the bsst academic research fa- great benefit to small businesses. ing to the National Research Council, cilities. Unfortunately, because of Republican ‘‘immigrants have won 32 percent of History has helped, too. Obviously, World opposition to this bipartisan bill, the the U.S. Nobel Prizes for physics, 31 War II played a major role, with many of the

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12735 more repressive regimes discriminating local governmental planning agencies; vada’s long term plan to manage against scientists of a particular heritage or and (2) to develop a ‘‘master plan’’ for growth in the Las Vegas valley. Each background,’’ Ms. Malcom said. the Las Vegas Valley that identified time the BLM transfers land into pri- ‘‘In many cases, scientists had no choice those BLM lands which should be vate ownership it has important reper- but to leave. They came to the U.S. because they were offered opportunities to pursue transferred to private ownership and cussions for the local governmental en- their life’s work without regard to those ex- those which should be retained for pub- tity that must provide infrastructure traneous issues.’’ lic purposes. and services to that land. The Bureau Roald Hoffman, a 1981 winner of the Nobel In the summer of 1995, Senator REID of Land Management (BLM) controls in Prize for chemistry, fled with his family in and I reconvened the Task Force to excess of 20,000 acres of land through- 1949 from their native Poland. build on the goal of developing a ‘‘mas- out the Las Vegas valley. Con- ‘‘I was one of the last generations of Hit- ter plan’’ for the Las Vegas Valley. We sequently, unlike most communities, ler’s gifts to America,’’ he said. A wave of Central European scientists, in- worked closely with the Task Force in land use planning decisions are not cluding physicists Albert Einstein and our efforts to develop a legislative pro- made solely at the local level; the BLM Enrico Fermi, fled the rise of Nazism and posal that sought to improve the cur- is an important player in the local land anti-Semitism and came to America. rent BLM land disposal policy in the use planning process. This legislation The scientific research structure estab- Las Vegas Valley; this proposal eventu- would strengthen the partnership be- lished after World War II flourished, with the ally became the Southern Nevada Pub- tween the BLM and local government help of a strong economy and generous gov- lic Land Management Act, which Sen- and improve upon the current land use ernment funding from agencies like the Na- ator REID and I introduced in the Sen- tional Science Foundation and the National planning process. Institutes of Health, he said. ate on March 19, 1996. Congressman EN- The BLM’s primary method of dis- ‘‘The freedom to do the scientific research SIGN then introduced a companion bill posing of land in the Las Vegas valley, you want . . . is tremendous, as is the ease of in the House, and I have enjoyed work- through land exchanges, has been the interaction with other scientists,’’ Mr. Hoff- ing with him in a bipartisan fashion subject of much attention over the past man said. Success then breeds success: ‘‘Once over the last several years to fine tune several years. I happen to believe that you have built up a good reputation in a par- this legislation and shepherd it ticular area, it attracts other scientists, as land exchanges serve a valuable public through the Congress. purpose—the Federal Government dis- we’ve seen in the biomedical field.’’ The Southern Nevada Public Land poses of land it no longer needs in ex- Ms. Malcom predicted that a similar influx Management Act is a response to per- of scientists fleeing the former Soviet Union change for land that is worthy of pub- haps the greatest challenge facing would be reflected in future Nobel winners. lic ownership. In the Las Vegas valley, Southern Nevada—the need to promote ‘‘Not just because of the Cold War, either,’’ however, the real estate market is such responsible, orderly growth in the Las she said. ‘‘They’ve lost much of the infra- that it does not lend itself well to ap- structure needed for research and develop- Vegas Valley while protecting the sur- praisal-driven land exchanges. Dis- ment, as well.’’ rounding environment and enhancing agreements between the BLM and ex- But wars and repressive regimes cannot ac- the recreational opportunities that change proponents over appraisal count for the success of immigrants once exist in Southern Nevada. In the broad- they arrive on American soil. methodology and value determinations est sense, the legislation reflects a ‘‘We’re getting people with the motivation are often the cause of protracted delays partnership between federal, state, and and ambition that leads to high achieve- in the land exchange process. Because local entities to enhance the quality of ment,’’ Mr. Moore said. ‘‘There’s a certain of the dynamic nature of the real es- life in the Las Vegas Valley and amount of risk-taking associated with suc- tate market in the Las Vegas valley, cess.’’∑ throughout the State of Nevada. any delay in the exchange process can As many of my colleagues are aware, f cause the appraisals to become out- the Las Vegas valley is the fastest ENACTMENT OF THE SOUTHERN dated before the transaction is closed. growing metropolitan area in the coun- NEVADA PUBLIC LAND MANAGE- try. Since the beginning of this decade, Mr. President, the legislation before MENT ACT nearly five thousand people each us today would make two significant ∑ Mr. BRYAN. Mr. President, it is with month, on average, have chosen to improvements over the current land great pleasure that I rise today to an- make Las Vegas their new home. Last exchange process: (1) it would allow nounce the enactment of the Southern year alone, nearly 20,000 new homes local land managers to take a more Nevada Public Land Management Act. were built in the Las Vegas valley to pro-active role in federal land disposal This historic legislation passed the accommodate this explosive growth. decisions; and (2) it would institute a Senate on October 8th and President And while the majority of Southern competitive bidding procedure to en- Clinton signed it into law on October Nevadans have welcomed the benefits sure that the disposal of BLM land 19, 1998. of an expanding, robust economy, there yields the highest return, or true ‘‘fair Mr. President, this legislation has its is a realization within the community market value.’’ There are currently roots in the Southern Nevada Public that a long-term, strategic plan must over twenty-five land exchange pro- Lands Task Force. The Task Force was be developed to deal with growth re- posals pending in the BLM’s Las Vegas originally established in the summer of lated problems. office—some are clearly in the public 1994 by Congressman Jim Bilbray to Both State and local elected officials interest, others are not. The vast ma- provide an open forum in which public are currently grappling with different jority of these proposals are intra-state land issues affecting the Las Vegas ideas as to how best to meet the infra- exchanges, meaning the BLM has the Valley could be discussed among fed- structure needs and quality of life ex- authority to process them without eral, state, local, and private entities. pectations of current and future gen- Congressional action. This legislation It is comprised of representatives from erations of southern Nevadans. Local would open the process to allow anyone the State of Nevada, Clark County, the officials estimate that new infrastruc- who wishes to bid on BLM land to do so cities of Las Vegas, North Las Vegas, ture development over the next ten in a competitive sale, and it would and Henderson, the Bureau of Land years will cost between three and eight eliminate the need to enter into pro- Management, the Forest Service, the billion dollars for such things as school tracted appraisal negotiations over se- National Park Service, the Fish and construction and water, sewer and lected BLM land that so often bog Wildlife Service, the Southern Nevada transit systems. To give you an idea of down the already cumbersome ex- Water Authority, the Regional Flood the magnitude of the situation, the change process. The legislation stands Control District, the Clark County Clark County School District needs the for the same proposition as the current School District, and representatives of equivalent of a new elementary school land exchange process—the sale of fed- the development and environmental every 30 days for the next five years to eral land in the Las Vegas Valley communities. keep pace with the twelve thousand should be used as a means of protecting At its inception, the Task Force set new students entering the school sys- environmentally sensitive land two primary goals for itself: (1) to es- tem every year. throughout the State of Nevada and of tablish and maintain a better working Mr. President, this legislation is a enhancing the use of public land rec- relationship between the BLM and critical component of Southern Ne- reational areas in Southern Nevada.

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12736 CONGRESSIONAL RECORD — SENATE October 20, 1998 At the conceptual level, the legisla- rect a portion of the proceeds of federal Lieutenant Lenaghan joined the Can- tion represents a synthesis of two pre- land sales to local government to assist ton Township Police Department after viously enacted public land bills that with local infrastructure development serving in various governmental jobs. specifically address public land man- and to the state for the benefit of the He started his career in 1962, when he agement issues in Southern Nevada— general education program. joined the United States Navy. He was the Santini-Burton Act and the Apex Another important component of this stationed at the Naval Air Station in land transfer legislation. You may re- legislation that I want to highlight Grosse, IL, where he was assigned as a call that the Santini-Burton Act, today is involves affordable housing. Fire Fighter Instructor. After serving which was enacted in 1980, authorized This legislation will also make BLM in the military, he began his police of- the sale of BLM land in Las Vegas to land available throughout the State of ficer career as a patrolman. He served fund the acquisition of environ- Nevada to local public housing authori- in this capacity as well as Special In- mentally sensitive land in the Lake ties for the purpose of developing af- vestigator, Arson Investigator, a mem- Tahoe basin. Our legislation embodies fordable housing. There is currently a ber of the Tactical Response Team, a similar proposition—the sale of fed- tremendous need in Los Vegas and Narcotics/Intelligence Team Com- eral land in the Las Vegas Valley Reno, and also in other communities mander and Instructor for five years in should be used as means of protecting throughout the state, for raw land to the Michigan cities of West Bloomfield environmentally sensitive land develop affordable housing projects. and Redford Township. Next, he be- throughout the State of Nevada and of The BLM will now be able to assist came a Special Agent in the United enhancing the use of public rec- each of these communities in meeting States Treasury Department Bureau of reational areas in Southern Nevada. this important need. Alcohol Tobacco and Firearms (BATF) With nearly 5,000 new residents moving In closing, Mr. President, I want to where he fulfilled the duties of Instruc- into the valley each month, it is imper- acknowledge those members of the tor and Arson Explosives Team Mem- ative that we protect our open spaces Public Land Task Force that played ber. As the burden of traveling with around the valley from development such an important role in the develop- three small children at home became and expand recreational opportunities ment of this legislation. Thanks go to too much, he left his position at the for the public in order to maintain the Mike Dwyer of the BLM, Jim Tallerico BATF and went to work for Bloomfield quality of life we have come to expect and Alan Pinkerton of the Forest Serv- Township Police/Tri Cities Fire Depart- ment. Here, he continued to expand his in Southern Nevada. ice, Alan O’Neill and Bill Dickensen of experience by becoming Fire Marshal, Also in keeping with Santini-Burton, the Park Service, and Ken Voget of the Tactical Team Officer and Arson Team our legislation recognizes that land use Fish and Wildlife Service. Thanks also Member. Longing to once again work planning decisions are best made at the go to State Senator Dina Titus, Pam for the United States Government, he local level, so our proposal gives local Wilcox of the State Land Use Planning government an equal voice in deciding went to work for the United States De- Agency, Rick Holmes, Jeff Harris, and partment Bureau of Customs in De- when and where federal land sales Ron Gregory of Clark County, Pat Mul- should occur in the valley. The map troit, Michigan. Among the many du- roy of the Las Vegas Valley Water Dis- ties that he partook in, he was a Patrol referenced in section 4 of the bill would trict, Robert Baggs of the City of Las establish a boundary for future BLM Supervisor and Intelligence Liaison Vegas, Steve Baxter of the City of with DEA. In 1978, he began his final land sales and exchanges in the Las North Las Vegas, John Rinaldi of the expedition as a sergeant for the Canton Vegas Valley, and combined with other City of Henderson, Gale Fraser of the Township Police Department. Begin- components of the bill, it would serve Flood Control District, Dusty Dickens ning his career as a patrolman, he as the blueprint to assist us in design- of the School District, Randy Walker climbed the ranks to eventually be- ing public land policy for the 21st cen- and Jacob Snow with the Clark County come Senior Lieutenant. While advanc- tury. The map essentially represents Department of Aviation, and also Bob ing his record as a civil servant, he also the maximum build-out boundary for Broadbent, the former Director of the took on the responsibilities of shift the valley; it was generated in close Aviation Department. A number of commander, Emergency Preparedness consultation with local governmental citizens representing the environ- Director and Community Policing Co- planning agencies and other members mental community provided invaluable ordinator. of the Task Force to reflect their vi- assistance; they include Jeff Van Ee, Throughout his career, Lieutenant sion for future growth and development Lois Sagel, John Hiatt, Bob Maichle, Lenaghan has received a great deal of in the valley. It is important to note and Steve Hobbs. From the develop- recognition for his excellent service. that virtually all of the BLM land rec- ment community thanks go to Robert One example that did not go unrecog- ommended for sale or exchange under Lewis, Bob Campbell, Scott Higginson, nized was an event occurring on June this bill has already been identified for Mark Brown, and Jeff Rhoads. And fi- 23, 1984. While attending to his own re- disposal by the BLM under the existing nally, I want to thank Marcus Faust sponsibilities, he extended much need- Management Framework Plan for the for all of his hard work on behalf of ed aid to help out a fellow officer who Las Vegas Valley. In fact, our legisla- Clark County. was struggling with a mentally de- tion would reduce the overall amount Finally, Mr. President, I want to ranged person. Responding to the of land available for disposal in the thank two members of my staff, Brent scene, he assisted by providing physical valley. Heberlee and Sara Besser, for all of support bringing the subject under con- The Apex land transfer legislation, their work related to this legislation. trol. His actions undoubtedly pre- enacted in 1989, transferred over 20,000 I believe this legislation will make vented further injury to his fellow offi- acres of BLM land just outside the Las great strides toward improving public cer and prevented further danger to the Vegas Valley to Clark County for the land management policy in Southern citizens in the area. His decisions ad development of a heavy-use industrial Nevada, and I look forward to continue judgements were certainly a credit to site. When the land is improved and working with all interested parties as himself and his department. This brave eventually sold by Clark County to a this legislation is implemented.∑ act is only one example of the many ci- private entity, the revenue sharing f tations he has received over his career. provisions of the act allow Clark Coun- With over 30 years’ experience in pub- ty recover the value of the infrastruc- LIEUTENANT WILLIAM JAMES lic safety and law enforcement at the ture improvements it has made to the LENAGHAN II RETIRES FROM local and federal levels, Lieutenant land before providing the federal gov- CANTON TOWNSHIP POLICE DE- Lenaghan has provided quality leader- ernment with its share of the proceeds PARTMENT ship in public safety management. His from the sale. The legislation before us ∑ Mr. ABRAHAM. Mr. President, I rise extensive training in police, emer- today recognizes the same principle— today to honor Lieutenant William gency, fire protection, and supervision that the presence or proximity of local James Lenaghan, II, who is retiring enabled him to perform multi-level governmental services and infrastruc- from the Canton Township Police De- tasks essential to the efficient oper- ture increases the value of federal land. partment in the state of Michigan after ation of public safety and police de- Consequently, our legislation would di- 20 years of dedicated service. partment duties.

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12737 On behalf of his wife Lois of 31 years, care services. May her examples of excellent book on the art in the Capitol his seven children, his seven grand- dedication and hard work continue to created by Constantino Brumidi. The children, the State of Michigan and be of inspiration to others.∑ Curator did a magnificent job writing myself, I would like to take this oppor- f and editing the many articles and pho- tunity to acknowledge his excellent tographs which depict the works of the service, dedication, winning person- NATIONAL BLUE RIBBON SCHOOL Italian artist, Constantino Brumidi, ality and commitment to those with ∑ Mr. ABRAHAM. Mr. President, I rise who was the principal artist of the Cap- whom he worked. Again, I extend my today to honor a tremendous accom- itol. The book was compiled under the warmest congratulations to him on his plishment. Middle School South in direction of the Architect of the Cap- retirement.∑ Harrison Township, Michigan, has been itol, and Dr. Wolanin had the assist- f selected as a Michigan Exemplary ance of many of her colleagues and fel- low employees in the Curator’s office. TRIBUTE TO JESSIE TRICE School and a National Blue Ribbon School for 1997–98. So I would like to commend them all ∑ Mr. GRAHAM. Mr. President, I rise Middle School South of the L’Anse on the excellent quality of this book today to salute one of Florida’s most Creuse Public Schools, was one of two which will enable many to read about dedicated health care service providers. schools in the State of Michigan be- the numerous and exquisite works of On October 17, 1998, the Economic Op- stowed the honor of National Blue Rib- painting, sculpture and architecture portunity Family Health Center of bon School by the U.S. Department of which Constantino Brumidi created to Miami both honored and said farewell Education. This selection is a tribute cover the walls and of the Cap- to their President and CEO, Ms. Jessie to the time and effort that the parents, itol. Trice. Ms. Trice’s retirement concludes administrators, teachers and students I would also like to recommend this a career of more than thirty years de- have put into building an excellent excellent artistic book to all of my col- voted to the improvement of health learning environment. This prestigious leagues and to the many others who care services in under privileged com- award demonstrates what hard work will visit the Capitol. The book is at munities throughout both Florida and and commitment can produce. the Senate and U. S. Capitol Historical the nation. She is a true humanitarian, Again, congratulations to all the Society gift shops. and has been locally and nationally teachers and students at South Middle Constantino Brumidi: Artist of the recognized for her tireless advocacy on School and the entire L’Anse Creuse Capitol The new congressional publication, behalf of the affordable and accessible Public School District. This is a distin- Constantino Brumidi: Artist of the services primary care centers provide guished award, and they deserve it. I Capitol, was authorized by the 103rd vulnerable populations. Because of her wish them continued prosperity, and Congress (S. Con. Res. 40) as part of the efforts, these centers have garnered many more years of success.∑ support at all levels of government, celebration of the bicentennial of the and they remain a vitally important f construction of the Capitol. The book, force in the health care continuum of CONFERENCE REPORT FOR S. 1260, prepared under the direction of Archi- needy communities. THE SECURITIES LITIGATION tect George M. White and completed Jessie Trice is both a community UNIFORM STANDARDS ACT under Architect Alan M. Hantman, has leader and policy maker. Her distin- taken a number of years to research, ∑ guished resume includes positions as Mr. LEAHY. Mr. President, the write, illustrate, edit, and design. The Public Health Nurse Supervisor and House has now passed the Securities book is richly illustrated, primarily Chief of Nursing Services at the Dade Litigation Uniform Standards Act of with photographs taken by the Archi- County Department of Public Health, 1998. The premise for this federal law is tect of the Capitol Photography Executive Director of the Visiting a workable and protective federal Branch. It is intended to be valuable to Nurses Association, and Assistant standard. Throughout the legislative those visiting and working in the Cap- County Nursing Director of the Chil- process, we have been careful to ensure itol as well as to specialists, and it dren and Youth Project. Her service as that the pleading standard rules devel- should enhance the appreciation and the Chairwoman of the Health Choice oped by the United States Court of Ap- understanding of the building’s mural Network, Inc., the Screening Com- peals for the Second Circuit would con- decoration for years to come. mittee of the National Association of tinue to govern. The Administration, Brumidi painted murals in the Cap- Community Health Care Centers, and the Securities and Exchange Commis- itol between 1855 and 1880, contributing the Legislative Committee of the Flor- sion and Congress, which have worked greatly to the beauty and unique sym- ida Council of Primary Care Centers, as together on this legislation, have all bolic character of the Rotunda and of well as her membership on the Board of agreed on that standard. As the Con- many rooms and corridors. Brumidi Directors of the Primary Care Centers, ference Report and Statement of Man- had great skill in making the figures Inc., are a testament to her superb agers makes clear, the recklessness he painted on a flat surface look three leadership abilities. standard and Second Circuit pleading dimensional; he created rooms where In 1970, President Richard Nixon rec- rules continue in force. Indeed, the the decoration goes from floor to ceil- ognized Ms. Trice’s outstanding con- managers reiterated that the 1995 Pri- ing. He was also a master in using rich tributions and proven expertise in this vate Securities Litigation Reform Act and vibrant color. His murals pay trib- field by appointing her to serve as a reinforced these standards, which con- ute to American history, technological delegate to the White House Con- tinue to govern under the 1998 Act, as achievements, and values. ference of Children. She was named well. As a member of the Judiciary Brumidi’s Capitol murals, including Florida Nurse of the Year in both 1972 Committee and serving now as its the canopy and the frieze, the House and 1984, and made Distinguished Hon- ranking member, I am well aware that and Senate Appropriations Committee oree by the Academy of Black Women artificially high pleading standards Rooms, the President’s Room, the Sen- in the Health Professions. She has been could create unwanted and unneeded ate Reception Room, and the Brumidi named to the lists of ‘‘Who’s Who’’ for barriers to legitimate cases. That is Corridors, are the major focus. The Health Care Professionals, American not the intent of this legislation and book also gives an overview of his ca- Women, and American Business Lead- should not be its effect.∑ reer, including his training and work in ers. f Rome. It was primarily envisioned and Mr. President, the list of those who written by Dr. Barbara Wolanin, Cura- support and admire the work of Jessie COMMENDATION TO THE CURATOR tor for the Architect of the Capitol, Trice is long and distinguished. I am OF THE CAPITOL, BARBARA who has overseen the conservation of grateful for the work she has done on WOLANIN Brumidi’s murals. The book would not behalf of the state of Florida, and I ask Mr. BROWNBACK. Mr. President, I have been possible without the assist- my colleagues to join me in extending rise to recognize the tremendous work ance of many on her staff, especially my congratulations for her thirty accomplished by Barbara Wolanin, the photographer Wayne Firth. The book years of service in the field of health Curator of the Capitol, in preparing the includes chapters by a number of other

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12738 CONGRESSIONAL RECORD — SENATE October 20, 1998 experts, including the Architectural several other fisheries issues included eries, free from U.S. income tax, em- Historian for the Architect, William in the legislation. In addition to the ploying all foreign crew and exempt Allen, historian Pellegrino Nazzaro, art Oceans Act, this bill approves the Gov- from other U.S. laws. historian Francis V. O’Connor, and erning International Fishery Agree- I support the development of our conservators Bernard Rabin, Constance ments between the government of the American fishing industry, while en- Silver, Christiana Cunningham-Adams United States and the governments of suring the long-term health and man- and George W. Adams, to provide addi- the Republics of Lithuania and Esto- agement of the resource. The principles tional perspectives. The book includes nia. These agreements will permit of the Magnuson-Stevens Act—the pri- information about other painters work- large processing vessels from these mary fisheries law of the land—long ing with Brumidi, a chronology of countries to enter the United States ago established the priority to be af- Brumidi’s life and work, and a list of Exclusive Economic Zone and process forded American vessels to harvest and known works by him. The Government fish caught by U.S. fishermen in fish- process fish inside the U.S. Exclusive Printing Office is to be commended for eries where American processors have Economic Zone. Excluding U.S. proc- the special care it took in the design insufficient capacity. These privileges essing vessels in the face of the Coun- and printing. have been authorized this year for ves- cil’s contrary judgment and while al- f sels of Poland and Latvia as well. I sup- lowing foreign processing vessels into port these agreements because they the same fishery does a disservice, not REAUTHORIZATION OF THE SUR- provide needed markets for American only to American catcher-vessel fisher- FACE TRANSPORTATION BOARD fishermen to sell their catch. However, men who seek markets for the fish and ∑ Mr. JOHNSON. Mr. President, the I believe we have inadvertently worked to the crew and owners of the Atlantic Surface Transportation Board (STB) an injustice upon a large U.S. vessel, Star, but to all Americans. Frankly, it was established in 1996 by act of Con- the Atlantic Star. is a policy that simply makes no sense. gress as a quasi-independent body with- The Atlantic Star is a U.S.-owned, I hope my colleagues will join me in re- in the Department of Transportation. U.S. flag fishing vessel that was refit- visiting this issue early in the new The STB adjudicates disputes and regu- ted last year for the herring and mack- Congress.∑ erel fisheries off the East Coast. The lates interstate surface transportation f including the restructuring of railroad vessel had received all necessary per- lines. mits to enter these fisheries. Because THE DAMAGE OF HURRICANE Although the authorization of the the Regional Fishery Management GEORGES IN PUERTO RICO STB expired this year, a reauthoriza- Councils had not then developed plans ∑ Mr. CRAIG. Mr. President, as you tion bill has not been scheduled. It was or plan amendments addressing the know, hurricane Georges recently my intention to offer an amendment to entry of large vessels into these fish- caused great damage to the island of the reauthorization relating to railroad eries, Congress enacted an appropria- Puerto Rico. I would like to take this lines, or at least engage in a colloquy tions rider which voided the permits opportunity to personally express my with the manager of the bill. However, for this specific vessels and imposed a sympathies to those who suffered loss because no amendments, or even col- one-year moratorium on the entry of due to this natural disaster. I would loquies, will be agreed to by the man- the Atlantic Star into any U.S. fishery also like to clear up some confusion re- agers of the reauthorization of the in order to give the Councils time to garding the Federal Emergency Man- STB, I offer these comments for the examine the issue. Meanwhile, the ves- agement Agency (FEMA), the federal record. sel has had to leave the United States agency currently working to alleviate It is my understanding that under in order to operate at all. the pain and suffering caused by the section 10901 of title 49 of the U.S. The Councils held hearings and care- hurricane. Code, relating to the construction and fully reviewed the issues. Recently, the I recently learned that erroneous re- operation of railroad lines, the STB is Mid-Atlantic Council recommended ports regarding the funding of FEMA required to issue a certificate author- size limitations on large harvesting have been circulating in Puerto Rico. A izing the construction or extension of a vessels engaged in the mackerel fish- few elected officials in the common- railroad line, unless it finds that such ery, but has not decided to extend simi- wealth have stated to the press that activity is ‘‘inconsistent with the pub- lar limitations to processing vessels. funding for the FEMA program is ob- lic convenience and necessity.’’ This would allow U.S. flag vessels, such tained from local taxes and user fees Because the construction of railroad as the Atlantic Star to process fish within Puerto Rico. These reports are lines can cause significant adverse en- caught by U.S. fishermen, just as the simply not true. vironmental impacts such as noise, foreign flag vessels we are allowing in On the contrary, the Appropriations safety and quality of life on local com- today will be able to do. By providing Subcommittee on VA, HUD and Inde- munities, my amendment would have another market for U.S. fishermen it pendent Agencies has sole jurisdiction sought to direct the STB to require ap- would also provide employment and over the funding of FEMA, and the plicants for the construction or exten- economic benefits to the region. More- funds appropriated by the committee sion of railroad lines to use all reason- over, unlike foreign vessels, U.S. flag come from the general fund. The gen- able means to route them away from processing vessels must pay U.S. in- eral fund is composed of the collection population centers in compliance with come taxes, employ Americans and are of federal taxes and user fees from tax- the above provision. subject to U.S. labor and environ- paying citizens of the United States. Although I am disappointed that I mental laws, requirements that benefit The United States Congress is com- will not be able to offer my amend- all Americans. mitted to continuing our efforts to aid ment, I have been assured by the Chair- Unfortunately, during deliberations our fellow American citizens in Puerto man of the Surface Transportation on the Commerce-Justice-State Appro- Rico in their time of need. We will con- Board that ‘‘regardless of whether or priations Act of 1999, which will be in- tinue to seek additional emergency dis- not language is inserted into our reau- cluded in the Omnibus Appropriations aster relief funding for FEMA before thorization bill, the Board must, and bill for 1999, the Senate accepted lan- Congress adjourns.∑ will, consider local interests in assess- guage creating a blanket exclusion of f ing the DM&E construction case.’’ the Atlantic Star. We are now in the SECURITIES LITIGATION UNIFORM Mr. President, I appreciate Chairman awkward position of authorizing the STANDARDS ACT OF 1998 Morgan’s assurances, and I look for- entry of foreign vessels to process U.S.- ward to working with the STB on this caught fish, while excluding our own ∑ Mr. D’AMATO. Mr. President, I and other issues in the next Congress.∑ U.S. processing vessels. Ironically, if strongly supported Senate passage of f the Atlantic Star were to give up her the conference report on S. 1260, the U.S. flag and operate under Lithuanian Securities Litigation Uniform Stand- THE OCEANS ACT OF 1998 or Estonian flag, she could come into ards Act of 1998. This bill extends the ∑ Mr. MCCAIN. Mr. President, I rise in the United States and operate as a efforts which we undertook in 1995 to support of the Oceans Act of 1998 and processing vessel in these U.S. fish- curb abusive securities class action

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — SENATE S12739 litigation when we passed the Private provisions contained in the House Last year, 430 metric tons of cocaine Securities Litigation Reform Act of passed bill. entered the United States from Mexico. 1995 (PSLRA). There is currently an administrative In 1995, drugs cost taxpayers an esti- This bill makes the standard we process in place to convey excess Fed- mated $109 billion. The average con- adopted in the Reform Act the national eral government property. I believe victed drug smuggler was sentenced to standard for securities fraud lawsuits. that legislation which mandates the only 4.3 years in jail, and is expected to In particular, the Reform Act adopted transfer or disposal of Federal property serve less than half of that sentence. It a heightened pleading requirement. under terms which circumvent the es- is incumbent on all of us to fight the That heightened uniform pleading tablished administrative procedures is war on drugs with every responsible standard is the standard applied by the inappropriate. Consequently, the Sen- and safe measure at our disposal. The Second Circuit Court of Appeals. At ate bill used discretionary language to provision in the Senate bill would help the time we adopted the Reform Act, address certain conveyances requested those men and women who fight the the Second Circuit pleading standard by individual Senators. However, the war on drugs at our borders by pro- was the highest standard in the coun- House bill includes mandatory legisla- viding an additional penalty for those try. Neither the Managers of Reform tive conveyances. In this case only, I who knowingly disobey the law. Act nor the Managers of this bill (and am accepting the mandatory language A provision included in both the I was a Manager of both) intended to because I am satisfied that the Coast House and Senate bill relates to the raise the pleading standard above the Guard is willing and prepared to make International Safety Management Code Second Circuit standard, as some have each of these particular conveyances. (ISM Code). On July 1, 1998, the owners Another important difference be- suggested. The Statement of Managers and operators of passenger vessels, tween the House and Senate passed for this bill makes this clear when it tankers and bulk carriers were re- bills relates to drug interdiction. I states: ‘‘It was the intent of Congress, sponsored an amendment in the Senate quired to have in place safety manage- as was expressly stated during the leg- bill which would have established ment systems which meet the require- islative debate on the PSLRA, and par- criminal sanctions for the knowing ments of the ISM Code. On July 1, 2002, ticularly during the debate on over- failure to obey an order to land an air- all other large cargo ships and self-pro- riding the President’s veto, that the plane. As a former pilot, let me clearly pelled mobile offshore drilling units PSLRA establish a heightened uniform state that this provision was not de- will have to comply. Companies and federal standard based upon the plead- signed to put any pilot at risk of an ar- vessels not ISM Code-certified are not ing standard applied by the Second Cir- bitrary or random forced landing. Arbi- permitted to enter U.S. waters. cuit Court of Appeals.’’ This language trary or random forced landings are Shipowners required to comply with is substantially identical to language impermissible under the Senate provi- the ISM Code have raised concerns that contained in the Report on S. 1260 by sion. As with all aviation legislation in the ISM Code may be misused. The the Senate Banking Committee, which which I have been involved, safety is a IBM code requires a system of internal I chair. top priority. Under current law, if a audits and reporting systems which are The references in the Statement of Federal law enforcement officer who is intended to encourage compliance with Managers to the ‘‘legislative debate on enforcing drug smuggling or money applicable environmental and vessel the PSLRA, and particularly . . . the laundering laws witnesses a person safety standards. However, the docu- debate on overriding the President’s loading tons of cocaine onto a plane in ments produced as a result of the ISM veto,’’ are statements clarifying Mexico, sees the plane take off and Code would also provide indications of Congress’s intent to adopt the Second enter the United States, he may issue past non-conformities. Obviously, for Circuit pleading standard. The Presi- an order to land, and if the pilot know- this information to be useful in recti- dent vetoed the Reform Act because he ingly disobeys that order, there is cur- fying environmental and safety con- feared that the Reform Act adopted a rently no criminal penalty associated cerns, it must be candid and complete. pleading standard higher than the Sec- with such a failure to obey the order. However, this information, prepared by ond Circuit’s. We overrode that veto The criminal sanctions contained in shipowners or operators, may be used because, as the post-veto legislative de- the Senate bill would only be applied in enforcement actions against a ship- bate makes clear, the President was to a person who knowingly disobeyed owner or operator, crews and shoreside wrong. The Reform Act did not adopt a an order to land issued by a Federal personnel by governmental agencies standard higher than the Second Cir- law enforcement agent who is enforc- and may be subject to discovery in cuit standard; it adopted the Second ing drug smuggling or money laun- civil litigation. Circuit standard. And that is the stand- dering laws. The bill would also require The provision in both the Senate and ard that we have adopted for this bill the Federal Aviation Administration House bills would require the Secretary as well. (FAA) to write regulations defining the to conduct a study to examine the op- The Statement of Managers also means by and circumstances under eration of the ISM Code, taking into makes explicit that nothing in the Re- which it would be appropriate to order account the effectiveness of internal form Act or this bill alters the liability an aircraft to land. One of the FAA’s audits and reports. After completion of standards in securities fraud lawsuits. essential missions is aviation safety. the study, the Secretary is required to Prior to adoption of the Reform Act, Accordingly, the FAA would be re- develop a policy to achieve full compli- every Federal court of appeals in the quired to ensure that any such order is ance with and effective implementa- Nation to have considered the issue— clearly communicated in accordance tion of the ISM Code. Under the provi- ten in number—concluded that the with international standards. More- sion, the public shall be given the op- scienter requirement could be met by over, the FAA would be further re- portunity to participate in and com- proof of recklessness. It is clear then quired to specify when an order to land ment on the study. In addition, it may that under the national standard we may be issued based on observed con- be appropriate for the Secretary to create by this bill, investors can con- duct, prior information, or other cir- form a working group of affected pri- tinue to recover for losses created by cumstances. Therefore, orders to land vate parties to assist in the develop- reckless misconduct.∑ would have to be justifiable, not arbi- ment of the study and the issuance of f trary or random. Orders to land would the required policy and any resulting only be issued in cases where the au- legislative recommendations. Any pri- THE COAST GUARD thorized federal law enforcement agent vate citizen who is a member of any REAUTHORIZATION ACT has observed conduct or possesses reli- such working group cannot receive any ∑ Mr. MCCAIN. Mr. President, I rise in able information which provides suffi- form of government funds, reimburse- support of the Coast Guard Reauthor- cient evidence of a violation of Federal ment or travel expenses for participa- ization Act. The House recently passed drug smuggling or money laundering tion in, or while a member of, the an amended version of the Senate laws. If enacted, I would take every working group.∑ Coast Guard bill. While I support the step possible to ensure that this provi- overall reauthorization of the Coast sion does not diminish safety in any (On page S12590 of the Wednesday, Guard, I want to comment on several way. October 14, 1998, edition of the RECORD,

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12740 CONGRESSIONAL RECORD — SENATE October 20, 1998 Mr. REID’s statement was erroneously tic abuse and secure the orphans a set- The PRESIDING OFFICER. Without attributed to Mr. DASCHLE. The perma- tlement. He argued that the depart- objection, it is so ordered. ment should not have returned the offi- nent RECORD will be corrected to re- f flect the following:) cer’s gun after he had beaten his wife f and threatened to kill her. He also PROGRAM forced the department to treat these Mr. STEVENS. Mr. President, for the TRIBUTE TO DANA TASCHNER matters as criminal cases, rather than ∑ information of all Senators, the Senate Mr. REID. Mr. President, I rise today internal affairs. will reconvene tomorrow, Wednesday, In this era of cynicism and self-pro- to call attention to the outstanding at 9 a.m. and immediately proceed to a motion, I believe we must take steps to achievements of a Nevadan who has rollcall vote on the passage of the om- encourage and reward sincerity. Dana dedicated himself to helping individ- nibus appropriations bill. Following uals who often lack the means to help Taschner’s unwavering dedication to his clients can be seen in his personal that vote, several Members will be rec- themselves. Dana Taschner has ognized to speak in relation to the om- achieved national recognition as a relationships with them, relationships that often outlive the outcome of the nibus bill. At the conclusion of those champion for victims of domestic vio- remarks, the Senate may consider any lence and civil rights abuses. He is a 38 case. As an attorney myself, I have seen firsthand how much our country legislative or executive items that may year-old lawyer from Reno who chooses be cleared for action at that time. cases that are relatively small-scale, needs people in my field who care but representative of many of the prob- enough about their clients to commit f themselves personally, as well as pro- lems facing Americans. Time and RECESS UNTIL 9 A.M. TOMORROW again, Mr. Taschner has had the cour- fessionally. Many litigators find it age and initiative to take on cases that much easier to take the cases that Mr. STEVENS. Mr. President, if more prominent firms are hesitant to bring financial gain, rather than at- there is no further business to come be- handle for political or monetary rea- tempting to help the true victims of in- fore the Senate, I ask unanimous con- sons. Dana Taschner truly brings honor justice. sent that the Senate stand in recess I am proud that his colleagues have to his profession. under the previous order. lavished accolades upon Mr. Taschner, Mr. Taschner’s devotion to fighting There being no objection, the Senate, but I believe it is a much greater sign oppression recently earned him the at 4:33 p.m., recessed until Wednesday, of his success that his clients put their American Bar Association’s Lawyer of October 21, 1998, at 9 a.m. faith in him. Dana Taschner, whose in- the Year award. He was chosen from a tegrity and selfless devotion to fairness f pool of approximately 245,000 other truly embody our American justice NOMINATIONS lawyers in North America, competing system, is a role model for us all.∑ with litigators with much higher pro- Executive nominations received by files and greater wealth. In 1993, Mr. f the Senate October 20, 1998: Taschner took on the Los Angeles Po- ORDERS FOR WEDNESDAY, FEDERAL HOUSING FINANCE BOARD lice Department and succeeded in forc- OCTOBER 21, 1998 DOUGLAS L. MILLER, OF SOUTH DAKOTA, TO BE A DI- ing them to change their policy regard- Mr. STEVENS. I now ask unanimous RECTOR OF THE FEDERAL HOUSING FINANCE BOARD FOR A TERM EXPIRING FEBRUARY 27, 2002, VICE LAWRENCE U. ing police officers who commit domes- consent that when the Senate com- COSTIGLIO, TERM EXPIRED. tic violence. In this case, he rep- pletes its business today, it stand in re- IN THE ARMY resented 3 orphans whose father, an cess until 9 a.m. on tomorrow, Wednes- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT L.A. police officer, murdered their day, October 21. And I further ask IN THE UNITED STATES ARMY TO THE GRADE INDICATED mother and then took his own life. unanimous consent that the time for UNDER TITLE 10, U.S.C., SECTION 624: Taschner was able to overcome his own the two leaders be reserved at that To be brigadier general painful childhood memories of domes- time. COL. KENNETH L. FARMER, JR., 0000

VerDate Mar 15 2010 03:21 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 9801 E:\1998SENATE\S20OC8.REC S20OC8 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 20, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E2239 EXTENSIONS OF REMARKS

THE NEED FOR A BETTER HEALTH Using different standards for different ac- HONORING THREE OF LANSING’S CARE ACCREDITATION SYSTEM creditation renders the results of such accredi- UNSUNG HEROES—THE LANSING tations useless. The rankings by JCAHO and COMMUNITY ROLE MODEL CELE- HON. FORTNEY PETE STARK NCQA are not standardized so comparing ac- BRATION OF CALIFORNIA creditation reports among provider groups is IN THE HOUSE OF REPRESENTATIVES difficult and/or meaningless. HON. DEBBIE STABENOW Tuesday, October 20, 1998 The Wall Street Journal article also identi- OF MICHIGAN fies the key flaw in the JCAHO type of accred- IN THE HOUSE OF REPRESENTATIVES Mr. STARK. Mr. Speaker, human rights vio- itation: conflict of interest. lations are occurring every day in the United Tuesday, October 20, 1998 StatesÐworse yet, the victims and the Federal When it comes to policing health-care Ms. STABENOW. Mr. Speaker, on October Government are funding these atrocities. quality, some groups are afraid to bite the 17, 1998, at our Lansing Community Role hand that feeds them. In 1994 the Joint Com- While many nursing homes do an excellent mission rolled out a set of standardized per- Model Celebration, I will be pleased to honor job, all too many nursing homes throughout formance measures off hospitals, at a cost of three of Lansing's unsung heroes. These the country are not providing adequate care more than $5 million, creating a much women are true community volunteers, who, for elderly patients. As the proportion of older sought-after single yardstick for comparing through their own dedication, commitment, Americans in the population continues to grow one hospital with another. and hard work have made our community a and the number of those requiring long term There was just one problem: Some hos- better place. care also rises, we must find a better way to pitals would look bad. The hospitals balked. Mrs. Grace L. Demps, who has lived in Lan- improve quality in nursing homes. So the Joint Commission, with a board domi- sing since she was 6 years old, is a lifelong A Special Report on Nursing homes in the nated by the hospital industry and medical community volunteer. She has spent the last October 12, 1998 edition of USA Today pro- associations, backed off the plan.1 ten years making holidays dinners for hun- files the devastating conditions in some Flor- The Federal Government needs to improve dreds of needy families. Mrs. Demps orga- ida nursing homes. According to the article, the oversight of accrediting organizations to nizes and prepares these wonderful holiday the Brian Center in Tampa exemplifies the ne- ensure that they are protecting the consumer, feasts out of her own home. She solicits food glect which is all too frequent in the nursing and providing useful material. donations and pays for the remainder of the home industry. More than a dozen ``residents' supplies out of her own pocket. rights'' lawsuits, including a class-action claim, f Mrs. Demps has received the Sojourner are pending against Brian Center of Tampa. Truth Award from the National Association of These lawsuits accuse Brian Center and its A TRIBUTE TO ANGELA RAISH Negro & Professional Women's Club, and the succession of owners and management com- Outstanding Community Service Award from panies of systematic fraud, abuse and neglect HON. HEATHER WILSON the women of Union Baptist Church, Mother of orchestrated to inflate profits at the expense of the Year from her own Messiah Community OF NEW MEXICO vulnerable patients. Baptist Church, where her son, Rev. Lawrence As the USA Today article describes, en- IN THE HOUSE OF REPRESENTATIVES Hinton presides. She is a member of the forcement lawsuits against nursing home own- Tuesday, October 20, 1998 Greater Lansing Nurses Guild and the Lansing ers take up to four months to be heard in Association Women's Clubhouse. court, and an additional month to be decided. Mrs. WILSON. Mr. Speaker, I rise today to Mrs. Demps recently retired as a 25-year Fines are limited to $5,000 per violation. Nurs- recognize Angela Raish and to let this Con- employee from the City of Lansing Traffic De- ing homes only need to prove that they have gress know about a loss that we as a Con- partment. She is married to Willie Demps, and improved the conditions of the home by the gress will soon suffer. Ms. Raish has been the is the mother of 6 children, 35 grandchildren, time of the hearing to defeat the enforcement personal secretary and scheduler to New Mex- 13 great-grandchildren, and 5 great-great- lawsuit. ico Senator PETE DOMENICI. She has served grandchildren. There is no substantial punishment for nurs- for 21 years as the Senator's ``vero braccio Ms. Geri Roossien, who will be 66 on Octo- ing homes which fail to adequately care for destro'' or right hand. ber 22nd, has used her own painful experi- their patients. Further increasing the likelihood Her pleasant manner and dedication to the ences with addiction to help many others of poor care, government and private authori- Senator and to the people of New Mexico is through her job as a Substance Abuse Coun- ties like the Joint Commission on Accrediting unparalleled. She worked selflessly to ensure selor at Cristo Rey Community Center, where Health Care Organizations do not effectively everyone in the office did the best work pos- she has been working since 1980. Although inspect facilities to identify existing problems. sible for the Senator and the people of New she retired on June 1st of this year, she is still The date of annual inspections are rarely var- Mexico. To give you an idea of what an im- involved in fundraisers and activities at the ied by more than a week, allowing nursing pact she made, her retirement celebration was center. homes to present a positive example for the hosted by the Senator and Nancy Domenici as Ms. Roossien is very close to her only inspectors and then return to a poor standard well as former Senate Majority Leader Howard daughter, Jannus, and her husband, Rob, and once the inspection was finished. Baker, former Senate Majority Leader Bob their two wonderful children. The Brian Center and similar examples Dole and former Senator Sam Nunn, a Geor- Ms. Roossien served on the City of Lansing point out the problems with the Joint Commis- gia Democrat. Human Resource Advisory Board from 1983 sion on Accrediting Health Care Organiza- Raish who grew up in South Dakota, joined to 1996. She was also secretary for the Michi- tions, the national organization responsible for DOMENICI's staff in 1977. Truth is, she prob- gan Indian Benefit Association Board of Direc- approving hospitals and nursing homes for ably knows more New Mexicans than the Sen- tors, a member of the Lansing Indian Center medicare coverage. The October 19, 1998 ator does. And all of them adore Angela. Youth Advisory Committee, the Native Amer- edition of The Wall Street Journal contains a Along the way she helped hundreds of people ican Community Group, the Ingham County succinct description of the problems with the with her warm, caring manner. Dedicated, Women's Commission, the C.I.R.C.L.E. group, current accreditation and ranking process for loyal public servants make up the majority of and the Indian Children's Christmas Party HMO's, ``Who's on First?'' by Nancy Ann Jeff- people working on Capitol Hill. But, Angela Committee. She is an integral part of many ery. Both JCAHO and National Committee for Raish has set the bar at the highest level to local political campaigns and activities in the Quality Assurance accredit HMO's, but each which others should aspire. Lansing community. uses a different standard. JCAHO itself pro- Mrs. Georgia Brown has been one of vides multiple accreditation plans which allows Lansing's most dedicated and committed com- 1 Jeffery Nancy Ann, The Ratings Game: Who’s on each plan to measure their most positive indi- First? The Wall Street Journal. October 19, 1998 pg. munity activists. She is an Honorary Life Mem- cators. R16. ber of the National PTA, a Life Member of the

∑ 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. E2240 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 1998 NAACP, a life member of the National Council AS GAMBLING SPREADS can find a safe haven in a casino. Drug deal- of Negro Women, a member of Lansing Asso- THROUGHOUT THE STATES SO ers, armed robbers, embezzlersÐthese kind ciation Women's Clubhouse, and Valiant Lady DOES GAMBLING ADDICTION of people can walk in, buy a few thousand dol- Church Women United. She is a long-time lars worth of chips, then turn them in for a ca- member of Trinity AME, and was a Sunday HON. FRANK R. WOLF sino check later that night and can go rel- school teacher for many years, and worked OF VIRGINIA atively unnoticed. with the Old Newsboys, an organization that IN THE HOUSE OF REPRESENTATIVES Just a few months ago, four employees at raised money to give shoes and boots to hun- some casinos in Atlantic City were arrested in Tuesday, October 20, 1998 dreds of needy children. Mrs. Brown continues a sting operation as they allowed undercover to volunteer at Sparrow Hospital's surgical Mr. WOLF. Mr. Speaker, as the 105th Con- agents to launder more than $400,000 in what wing where she has been a cheerful and de- gress prepares to adjourn, I want to bring to they allegedly believed was drug money. so pendable fixture for almost 15 years. And, the attention of our colleagues an important the Treasury Department is concerned for Mrs. Brown, in all of her years of voting in issue which, unfortunately, hasn't seemed to good reason. public elections, has missed only 4 votes, and register with many of America's leaders. But But crime is not the only issue. We are in all of those were missed for family emer- it's one that needs our focused attention, and a period of record bankruptcies all across the gencies. that's gambling. country, so much so that we had to appro- Mrs. Brown has been married to her hus- Twenty years ago, if you wanted to gamble priate money to pay for more bankruptcy band Robert Brown for 68 years and is the you had to go to Atlantic City or Las Vegas. judges. Studies have shown a significant link mother of 8 children, 19 grandchildren, and 24 But today, gambling has spread in one form or between gambling and bankruptcy, even geo- great-grandchildren. another to most of the 50 States. There are graphically. Where there are more gambling Our community has been enriched by the only two States which have completely facilities, there are more bankruptcies. This is contributions of these selfless volunteers. As banned gambling, and that's Utah and Hawaii. an issue that must be addressed. It is out of we gather on Saturday, many generations of One reason for the incredible rate at which control. Just the other day, a federal judge in Lansing residents, we will celebrate our com- gambling is spreading is through the prolifera- Memphis said that because a woman had a munity role models, Mrs. Grace L. Demps, tion of gambling casinos in many States. I cer- gambling addiction problem, she didn't have to Mrs. Geri Roossien, and Mrs. Georgia Brown. tainly respect Native American Indians, but I'm pay back the $8,200 in gambling debts she really concerned about the number of gam- ran up on her credit card just before she filed f bling establishments on tribal lands. for bankruptcy. Is there any doubt that the For those of us who say we really care gambling issue must be addressed if we're CONGRATULATIONS TO NAOMI about Native Americans, we need to show our LAUTER talking about bankruptcy reform? concern about what gambling is doing to But not only bankruptcies increase when them. A new University of Montana Bureau of gambling comes in. Tragically, so do suicides, HON. Business and Economic Research study found The American Association of Suicidology pub- OF CALIFORNIA that Native Americans in Montana have a lished the study ``Elevated Suicide Levels As- IN THE HOUSE OF REPRESENTATIVES compulsive gambling rate that is double the sociated with Legalized Gambling'' in the Win- rate of other adults in the State. My point is Tuesday, October 20, 1998 ter 1997 issue of its journal Suicide and Life- that as gambling spreads throughout the Threatening Behavior. The study, which was Mr. FARR of California. Mr. Speaker, a States, so does gambling addiction. Montana conducted by Dr. David P. Phillips of the Uni- young nation with a long and honorable his- is just one State that has a real battle on its versity of California at San Diego, found that tory, Israel has been a symbol of hope and a hands. The Montana study found that 78 per- there is a link between gambling and suicide. land of opportunity for millions of Jews cent of Montanans gamble, and that figure is Las Vegas, the premier U.S. gambling set- throughout the world. Surviving six wars, con- regardless of income, education, age, sex, ting, displays the highest levels of suicide in stant terrorism, and severe economic boycotts, and marital status. Compulsive gambling rates the nation, both for residents of Las Vegas Israel's 600,000 citizens have shown the world are on the increase, the study also said, up and for visitors to that setting, what it means to be committed to one's home- from 2.2 percent of the adult population six the study said. land. And like Israel, Naomi Lauter's inde- years ago to 3.6 percent now. In general, visitors to and residents of pendence, determination and strength have First, gambling is corrupting the political major gaming communities experience sig- helped to build AIPAC into the leading organi- process. I have mentioned before my concern nificantly elevated suicide levels. In Atlantic zation for Jewish concerns. about the incredible amounts of money the City, abnormally high suicide levels for visi- I would like to congratulate Naomi Lauter on gambling interests are pouring into the political tors and residents appeared only after gam- 16 years of incredible leadership as the West- process. Both sides are taking the moneyÐ bling settings were opened. The findings do ern Regional Director of AIPAC. Naomi's com- Republicans and Democrats. And we are not seem to result merely because gaming mitment to AIPAC and her vision has been un- reading news reports more frequently than settings attract suicidal individuals. wavering and inspiring for all those who have ever about one government official after an- But how do people get to the point where worked with her. other being investigated for gambling-related they're ready to take their own lives? It can The Jewish community has been served corruption, from an ex-governor and his son to actually start at a very young age. We're see- well by Naomi's spirit, innovation and devotion even a member of the President's cabinet. ing and hearing more and more these days to Israel and pro-Israel legislation. Naomi has Second, it's hurting local businesses. Peo- about how gambling is hurting young people. helped build AIPAC into what it has become in ple only have so many extra dollars to spend And by ``young,'' I'm talking about small chil- the Pacific Northwest, focused, effective, and on food and entertainment. If they're spending dren. Some critics, including Ed Looney, exec- powerful. We are all grateful to her for the their disposable income at the new casino in utive director of the Council on Compulsive work she has accomplished during her years town, that's money that the local restaurant Gambling of New Jersey, say that amusement of involvement with AIPAC. doesn't get, or the movie theater, or local re- arcades teach children that gambling is okay, And we look forward to her involvement for tailers. Local business is being cannibalized and that it opens the door for later problems. years to come. While Naomi is leaving as the by the casinos. Mom and pop restaurants According to an article last month in the Las Regional Director, we should all be grateful can't compete with the discounted and even Vegas Review-Journal, gambling cities such that she is not leaving AIPAC altogether. Be- free meal deals at the gambling operations. as Las Vegas have tried to fashion them- coming its National Consultant, AIPAC is fortu- Another thing that happens when gambling selves into ``family-friendly'' entertainment by nate to be able to rely on her insight and insti- comes to town is that crime goes up. The U.S. providing casino arcades. But most of the tutional knowledge of this great organization. Treasury Department has been increasingly games in the arcades, the article says, are Every Jewish American can take pride in concerned at the way casinos attract criminal gambling devices. The biggest difference be- her dedication to bringing together persons of elements and suspicious activity, especially tween what's happening to the parents on the any political persuasions to sit up and take no- money-laundering and has proposed new reg- casino floor and what's happening to the kids tice for Jewish and pro-Jewish communities. ulations that would require casinos and card in the casino arcades, the article says, is that Thank you Naomi for your service to AIPAC. clubs to report to Treasury any suspicious ``the kids are ripped off even more than the We are thankful for your work, and look for- transactions of $3,000 or more. Of course, the adults.'' ward to a continuing friendship and wish you casinos are fighting these regulations tooth ``These are not pinball machines or video a successful future. and nail. But the fact is, a cash-heavy criminal games to afford entertainment time for the - CONGRESSIONAL RECORD — Extensions of Remarks E2241 money,'' the article says, but they are ``virtual casinos, race tracks, on sportsÐincluding their JOSE AND KATHY VILLEGAS RE- slot machines designed to turn money over own school's sportsÐon the lottery. According CEIVE THE APPLE PARENT IN- quickly. One watches the children in the ar- to the state's statistics, 91,754 juveniles were VOLVEMENT IN EDUCATION cades with dismay. Many exhibit the same arrested or evicted from New Jersey casinos AWARD agitated and frustrated demeanor of gambling- in 1997 alone. Out of this number, 329 were addicted adults as they pump their coins into found gambling on slot machines and 114 at HON. HEATHER WILSON the machines.'' tables. There were 38,502 teens escorted OF NEW MEXICO Gambling proponents say they are con- from casinos last year, and 52,364 were IN THE HOUSE OF REPRESENTATIVES cerned about unattended children in casinos. turned away at the door when they tried to Tuesday, October 20, 1998 That new found concern may have been enter illegally. Mrs. WILSON. Mr. Speaker, I wish to bring spurned by high-publicity cases like the one But there's more. Not only is gambling hurt- last year in a Primm, Nev., casino hotel. A 7- to your attention an honor given to Jose and ing moms and dads and young people. But it's year-old girl from Los Angeles, a second-grad- Kathy Villegas, residents of the great state of also hurting grandma and grandpa. According er, had been playing in and around a casino New Mexico. Jose and Kathy Villegas have re- to a recent article in the Las Vegas Review- arcade, left on her own, while her father gam- ceived the 1998 Apple Parent Involvement in Journal, the spread of legalized gambling bled. She was raped and murdered. Education (PIE) Award. Syndicated columnists Don Feder and Wil- across America has led to financial ruin for Jose and Kathy Villegas received this award liam Safire have both written recent op-ed arti- many senior citizens. In Iowa, the article said, because their children Candace Marie, age 13 cles decrying the gambling industry's targeting three years after riverboat gambling was intro- and Joseph, Jr. age 11 took the initiative to of children. In a recent column, Feder reported duced, bingo and casino gambling became the write a letter of nomination to Apple PIE that the Las Vegas Hilton spent $70 million on number-one pastime of choice for people over Awards. Our most important job as parents is a ride called ``Star Trek: The Experience.'' 65 years of age in the Omaha area. providing our children with values, teaching Young people waited for hours in line to get Is that what each of us envisions for our- the difference between right and wrong and on the ride, and the line stretched through a selves when we think about retiring? Spending setting examples of respect for ourselves, oth- ers and our community. Jose and Kathy gambling area. Hundreds of kids took the op- our Golden Years addicted to gambling? I Villegas obviously have done this with their portunity to play the slot machines, Feder re- don't think so. But that's what's happening, all children. The nomination letter included a de- ported. Something tells me the casino was not over America. The gambling industry says it's scription of how their parents were instrumen- at all unhappy about this experience. If they concerned about problem gambling among the tal in getting a classroom addition at their ele- are to exist in the future, they have to seduce elderly. But when you read their trade publica- mentary school and a stop light at a busy the next generation of customers. tions, ad after ad features grey-haired men Consumer advocate Ralph Nader is saying intersection used by school children. Jose and and women beckoning seniors to ``join in the Kathy Villegas are involved in many task the same thing these days. ``The idea is that fun.'' parents will feel less guilty if they are sub- forces working on issues important to chil- jected to family entertainment, and that the Mr. Speaker, the fact of the matter is, many dren's education. The Villagas' story provides next generation of gambling addictees must American people are starting to wise up to an excellent example of how parent involve- be given attention,'' Nader said at a recent what's really going on here. As they are ment can make a positive difference in their speech in Washington, D.C. ``The gambling in- watching friends, neighbors and their own children's lives, the local school and their com- dustry is as brazen as the tobacco and alcohol family members sinking in gambling's quick- munity. industry,'' Nader said. ``It is even more bra- sand, they are speaking up and standing up Jose and Kathy Villegas' story is part of a zen.'' against this blight on our nation. In state after feature story in the November 1998 issue of More and more teens are finding them- state, voters are making their voices heard, Working Mother titled, ``Classroom Cham- selves trapped in a web of gambling from loud and clear. They don't want it in their com- pions''. As the only individuals to receive this which they can't break free. The New York munities. Take casino gambling, for instance. award in the United States, they stand as an Times printed a shocking front-page story Out of the last 21 efforts to bring in casinos example to all of us. Join me today in rec- about this a few months ago. The article cited nationwide, all have failed but one, and that ognizing recipients of the 1998 Apple Parent a study by Harvard Medical School's Dr. How- one, in Detroit, Michigan, won only by a very Involvement in Education Award, Jose and ard Shaffer, who published a recent study slim margin. Even now, the citizens there are Kathy Villegas. which found that young people are becoming seeking to overturn that decision. f addicted to gambling at a rate almost three What is needed in our country is for our CONFERENCE REPORT ON H.R. 4194, times higher than that of adults. The article community leaders and elected officials to DEPARTMENTS OF VETERANS also cited a Louisiana State University study hear the voice of the American people on this AFFAIRS AND HOUSING AND which found that one in seven 18- to 21-year- issue, for they have indeed spoken. They URBAN DEVELOPMENT, AND olds in Louisiana were problem gamblers. have seen that gambling is bad for their fami- INDEPENDENT APPROPRIATIONS These are young people with a ``chronic and ACT, 1999 progressive psychological disorder character- lies, bad for their communities, bad for their kids. It is destructive. It is dangerous. ized by an emotional dependence on gambling SPEECH OF and a loss of control over their gambling.'' I could go on and on for hours citing cases The 1996 New Mexico Survey of Gambling and studies. We have reports piled high in my HON. ROGER F. WICKER Behavior conducted a similar study and found office. But I think what I've shared with you OF MISSISSIPPI IN THE HOUSE OF REPRESENTATIVES that more than 85 percent of New Mexico's today is enough of a tasteÐa bitter tasteÐof 18- to through 20-year-olds gamble. More than what gambling really means for a lot of peo- Tuesday, October 6, 1998 66 percent said they had gambled in the pre- ple. Mr. WICKER. Mr. Speaker, I am pleased vious month. Out of the 85 percent of young This is a problem that is national in scope. that the VA±HUD±Independent Agencies Ap- people who gamble, 37 percent said they That's why we had to pass legislation which propriations Act for Fiscal Year 1999 makes were having gambling problems and 12 per- the President signed into law to establish the available significant funding for economic de- cent said they had a serious problem with National Gambling Impact Study Commission. velopment grant assistance as part of the gambling. The study also found a strong link The commission is over half way through its Community Development Block Grant pro- between gambling behavior before the age of two-year comprehensive evaluation of gram. 21 and the development of serious gambling- The Conference Report to accompany this gambling's impact in America, including open related problems. legislation, House Report 105±769, on page meetings all across the country, and is ex- In New Jersey, gambling among teens is on 248, provides $750,000 to the City of Sardis, pected to report its findings by next summer. the rise, according to the Council of Compul- Mississippi, for the City's planned Water Re- sive Gambling of New Jersey's Edward Loo- We need to wake up. It is wrong to allow sources Infrastructure Program, a portion of ney. Looney says there is gambling in every government to become the predator of the which includes construction of wastewater high school in New Jersey, including gambling people. Think about this the next time treatment facilities, as noted in the Conference which is backed by organized crime. One sur- gambling's high-priced lobbyists show up at Report. vey of high school juniors and seniors re- your door with a campaign contribution or an I would like to take this opportunity to de- ported that 30 percent gamble once a week at offer to put on a ``high-dollar'' fundraiser. scribe in specific detail how the City will use E2242 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 1998 the FY 1999 CDBG economic development ideas of how to celebrate the Centennial Com- HONORING THE GRAND OPENING grant of $750,000. memoration of Guam's relationship with the OF THE BIXBY MARIONETTE EX- The water and wastewater supply facilities United States. Historically, Guam's capitol city HIBIT in the project area are inadequate to support has always been a center point for activities planned developments. Although the distribu- and social gatherings of occupying countries. HON. DEBBIE STABENOW tion of potable water and the collection of Though the early Chamorros had been sub- OF MICHIGAN wastewater within such developments are ex- jected to their rule, they still managed to retain IN THE HOUSE OF REPRESENTATIVES pected to be funded and constructed as com- the dignity and spirit of their capitol city. ponents of the private developments, these HagaÊtnÄa remained one of the most populated Tuesday, October 20, 1998 systems will rely upon public infrastructure for areas on Guam and thus a focal point for Ms. STABENOW. Mr. Speaker, starting on water supply, storage and transmission, and passing on the traditions, stories and culture Sunday, October 18th, the Bixby Marionette wastewater transportation and treatment. of the Chamorro people. Exhibit opened its permanent home in Saline, For Phase I water supply, the Master Plan Upon approval by Guam's Centennial Task Michigan at the Saline Culture and Commerce recommends construction of a 500,000 gallon Force, Project HagaÊtnÄa's director, Mr. Peter Center. elevated water storage tank and its accom- Alexis Ada, set out to plan a grand celebra- The exhibit will showcase more than 100 panying water well and 3.5 miles of 12-inch tion. Appropriately, Mr. Ada was born and marionettes created by 89-year-old Meredith transmission pipelines, at a cost of approxi- raised in HagaÊtnÄa and has seen the trans- Bixby who is the founding member of the Pup- mately $1.7 million. These facilities will provide formation of Guam's capitol throughout his life. peteers of America, and a member of the De- up to 1.0 million gallons per day of water sup- His experiences and memories, especially in troit Puppeteers Guild. ply for the conference facility, hotel, and ma- the aftermath of World War II, have made the As a lifelong resident of Saline, Mr. Bixby, rina. celebration of HagaÊtnÄa memorable and per- who is known as the ``Master of the Mario- Wastewater service for the Phase I develop- sonable. Mr. Ada's recollections of his family nettes,'' traveled throughout the United States ment will consist of the necessary sewer pump and neighbor's everyday routines have helped with the Meredith Marionettes Touring Com- stations and their related transmission force to lay the groundwork for Project HagaÊtnÄa's pany for more than 40 years, beginning his mains to carry the wastewater to the western role in the centennial commemoration. career during the darkest days of the depres- extremity of the Sardis Lake grounds, and sion and continuing until his retirement in gravity sewer main from there westerly to the In designing the various activities, it was de- 1982. City's existing wastewater treatment lagoon fa- cided that events hosted by Project HagaÊtnÄa This exhibit came together through a part- cility. The wastewater facilities will include 2 would rely on the generosity and graciousness nership created by the Saline Area Chamber pumping stations with capacities of 1,000 gpm of individuals and Guam's private sector to of Commerce, the Michigan Council for Arts each, approximately 4.5 miles of 12-inch make it happen. This spirit of cooperation ex- and Cultural Affairs, and the City of Saline, forcemain, 2.5 miles of 24-inch gravity sewer isted in HagaÊtnÄa's history when families who helped champion the Bixby project. main, and an expansion of the City's existing helped one another during times of hardship I am pleased to help showcase the work of wastewater treatment facility. The probable or celebration. Guam's present day contribu- this extraordinary man who helped bring joy, cost of the wastewater improvements is ap- tors to the success of Project HagaÊtnÄa include; creativity, and entertainment to schools, thea- proximately $2.5 million. Lam Lam Tours, Coca Cola, Foremost Foods, ters and community centers across the coun- The FY 1999 CDBG grant assistance of Mid-Pac Distributors, Ambros, Jones and try. I wish him the very best in the future and $750,000 will be applied to planning, engineer- Guerrero K±57, McDonalds, Exxon Guam, thank all parties for helping to establish this ing, environmental, land acquisition, and con- Computerland, Marianas Electronics, important cultural project. struction activities related to the Phase I ele- ARROTECH, SGO Glass and Gifts and the f ments of the Program outlined above. The Church of Jesus Christ of Latter Day Saints. City intends that funds remaining from the Without their assistance and kindness the HONORING THE RETIREMENT OF grant following completion of planning, engi- events of Project HagaÊtnÄa would have never FLORIDA STATE REPRESENTA- neering and environmental work will be ap- happened. TIVE FRED LIPPMAN plied for Phase I construction activities until Project HagaÊtnÄa incorporated a multi-fac- the funds are exhausted. eted approach by sponsoring scores of events HON. E. CLAY SHAW, JR. I look forward to watching the City of Sardis that built upon our cultural backgrounds and OF FLORIDA continue its exciting development and I trust renewed our energy to learn our history. To in- IN THE HOUSE OF REPRESENTATIVES these remarks will provide sufficient guidance augurate the creation of Project HagaÊtnÄa, a Tuesday, October 20, 1998 to the Department of Housing and Urban De- ceremony was held which honored and in- velopment as to the legislative intent for the cluded the remaining residents of HagaÊtnÄa Mr. SHAW. Mr. Speaker, when the Florida grant assistance provided to the City of Sardis that remained in the capitol despite the pres- State Legislature reconvenes in 1999, it will do in the Fiscal Year 1999 budget. sures to move elsewhere by the post WWII re- so without one of its most valued leaders. f construction. Other celebrations include reliv- State Representative Fred Lippman of Holly- ing the genre of music that existed in the wood, Florida is retiring from the Florida HU KOMPLIMENTA I PLANUN House of Representatives after twenty years ˚ ˜ 1930's and 40's, the baking of bread in an- HAGATNA tique beehive ovens, commemorating the sign- of dedicated public service to Broward County ing of Guam's Organic Act in 1950, tracing the and our home state. HON. ROBERT A. UNDERWOOD genealogy of Chamorro families, tracing the In the thirty years I have known Fred, our OF GUAM genealogy of Chamorro families with Japa- friendship has transcended party politics. We IN THE HOUSE OF REPRESENTATIVES nese surnames, and participating in Guam's have joined forces in numerous community Liberation Day Parade. endeavors, including serving on the Broward Tuesday, October 20, 1998 County Charter Review Commission. I have Mr. UNDERWOOD. Mr. Speaker, today I I would like to commend the following indi- enjoyed working alongside Fred in true, coop- wish to commend the efforts of the many citi- viduals for their remarkable efforts in coordi- erative bipartisanship. His exemplary record zens on Guam who organized an effort to rec- nating Project HagaÊtnÄa: Lourdes C.N. Ada, and committed leadership have been invalu- ognize the history and development of Guam's Benigno-Joseph Umagat, John San Nicolas, able to the community development of capitol city of HagaÊtnÄa. This endeavor, prop- Annabelle Perez, Jeffrey Edubalad, Teresita Broward County. erly named ``Project HagaÊtnÄa,'' has been a N. Taitano, Robert J. Umagat, John Garica, For two decades, Fred Lippman has been tool to educate younger generations of Donna Paulino, Lelani Farrales, Lourdes an advocate for children's health and the voice Guam's historical past. The various activities Alonso, Kennedy Jim, Mayleen San Nicolas, of the people of Broward County. His most no- produced by the team leading Project HagaÊtnÄa Jesusa M. Hayes, Clotilde R. Peredo, Patrick table legislative accomplishments include the has brought younger generations closer to S. Leddy, and Peter Alexis Ada. design of the Healthy Kids statewide insur- their Chamorro heritage and has instilled in My congratulations to the people of Guam ance program, revision of Florida's child abuse them the common values shared as native Pa- on the success of Project HagaÊtnÄa, may its laws, and one of the country's first laws man- cific islanders. work continue through the rest of this year and dating the use of child-safety seats. The birth of Project HagaÊtnÄa resulted from serve to remind us of our unique cultural place Although he is retiring from the Florida ideas between two local men tossing around in the world and strengthen our heritage. House of Representatives, I doubt that Fred CONGRESSIONAL RECORD — Extensions of Remarks E2243 will ever retire from public service. As a testi- who has over the past decade made innumer- thorizes appropriations through the National mony to his tireless work in the community, a able contributions promoting a better under- Oceanic and Atmospheric Administration to family center and a local shelter have both standing of our institution and the federal gov- conduct research, monitoring, education, and been named in his honor. He has received nu- ernment to visitors from around the world. management activities for the prevention, re- merous awards from groups such as Florida's Jack Hechler, for the past ten years, has duction and control of Harmful Algal Blooms, teachers, firefighters, children's advocates, served as escort/interpreter for the well-re- hypoxia, pfiesteria and other aquatic toxins. and the American Lung Association. I am cer- garded annual Congress-Bundestag/Bundesrat Mr. Speaker, as you are well aware, the tain his dedication to the community will con- Staff Exchange Program. Begun in 1983, this problems associated with Harmful Algal tinue. exchange program has greatly contributed to Blooms (HABs) have been well documented. Mr. Speaker, I commend State Representa- improving the working relationship between Recent occurrences of HABs include red tides tive Fred Lippman for his twenty years of serv- the legislatures of the United States and Ger- in the Gulf of Mexico and the Southeast; ice in the Florida House of Representatives. many. Since 1988, Mr. Hechler has been the brown tides in New York, New Jersey and f escort/interpreter for the German delegation Texas; ciguatera fish poisoning in Hawaii, which arrives each summer for a three week Florida, Puerto Rico, and the U.S. Virgin Is- RETIREMENT OF JAMES N. program in Washington and Members' dis- lands; and shell fish poisonings in the Gulf of WOODRUFF tricts. Maine, the Pacific Northwest, and the Gulf of Born and raised in Germany, Mr. Hechler Alaska. In addition, the recent outbreak of HON. STENY H. HOYER graduated from American University in Wash- pfiesteria piscicida in the Chesapeake Bay es- OF MARYLAND ington, D.C., served in the U.S. Armed Forces, tuary is an example of how a naturally occur- IN THE HOUSE OF REPRESENTATIVES and for more than 37 years was an active Civil ring species can explosively reproduce in our Tuesday, October 20, 1998 Service employee. Prior to his retirement, he nation's coastal waters. Furthermore, accord- served as Director of Policy, Plans, and Eval- ing to NOAA, 53 percent of U.S. estuaries ex- Mr. HOYER. Mr. Speaker, I rise today to uation at the General Services Administration. perience hypoxiaÐincluding a 7,000 square pay tribute to James N. Woodruff, who has re- Since his retirement, Mr. Hechler has provided mile area in the Gulf of Mexico off Louisiana cently retired after a distinguished career with escort and interpreting services for the Depart- and Texas which creates a massive ``dead the Office of Personnel Management and its ment of State and the U.S. Information Agen- zone'' where little or no marine life exists. predecessor, the Civil Service Commission. cy. Representing the western half of Louisiana's It may seem unusual for the Congress to Mr. Hechler has been invaluable to the suc- coastline, I am particularly sensitive to these honor the service of a long-time Executive cess of the Congress-Bundestag/Bundesrate problems as they affect not only the public branch employee, but I can assure my col- Staff Exchange by providing continuity to the health, but also my state's valuable fisheries leagues that Jim served the Congress effec- program which relies heavily on alumni volun- resources. As I just relayed, however, these tively for many years. The vast majority of teers. The ten member German delegations are not problems isolated to Louisiana or the Jim's tenure was devoted, either directly or in and the network of American alumni have Gulf of Mexico. Rather, it is a national problem his supervisory capacity, to the drafting and come to depend on his insights, his wide that deserves a national approach. analysis of measure addressing many of the breadth of knowledge of American history, and Up to this point, research on the HAB prob- most significant and complex Federal person- his composure. It is no wonder that the Fed- lem has focused primarily on basic science, nel issues. He contributed immeasurably to eral Republic of Germany awarded him the detection, and monitoring. One vital research major initiatives such as the Federal Employ- Order of Merit for his work with this program. need is a reliable technique for the rapid de- ees Pay Comparability Acts of 1970 and 1990, Mr. Hechler has provided Congress with a tection and identification of algal species and the Federal Employees' Retirement System great service for which I offer my appreciation stages. Monitoring of water quality in order to Act of 1986, and the Civil Service Reform Act and that of my colleagues. forecast the onset or subsidence of algal of 1978. f blooms is another key research issue. Such In addition, many members of personal and monitoring also is important for understanding committee staffs have benefited from Jim's PROVIDING FOR CONCURRENCE BY interactions between algal species and the en- quick and able assistance over the years. THE HOUSE, WITH AN AMEND- vironment and the relationship of algal species Whether on the most arcane technical matters MENT, IN SENATE AMENDMENT with other marine organisms. or the broadest constitutional concerns, Jim's TO H.R. 2204, COAST GUARD AU- The range of economic impacts from HAB expertise and counsel reflected sound judg- THORIZATION ACT OF 1997 outbreaks and the extent of those costs have ment and were always readily available. spiraled. Economic losses have been docu- We would be remiss in allowing only the Ex- SPEECH OF mented from limited or restricted shellfish har- ecutive branch to express regrets at Jim's de- HON. CHRISTOPHER JOHN vests, losses from reduced tourism and ma- parture. His career-long commitment to excel- rine recreation due to aesthetically unpleasant lence is in the finest tradition of public service OF LOUISIANA IN THE HOUSE OF REPRESENTATIVES areas, and panicked consumers who avoid and we wish him well. purchasing seafood products. In addition, Thursday, October 15, 1998 f there are indirect costs associated with HABs, PERSONAL EXPLANATION Mr. JOHN. Mr. Speaker, I rise in support of such as the medical costs of treating exposed House Resolution 602 and H.R. 2204, the people and diminished development of or in- Coast Guard Authorization Act of 1998. In vestment in coastal resources. HON. HEATHER WILSON general, the purpose of H.R. 2204 is to au- The technical, legal, and managerial tools to OF NEW MEXICO thorize approximately $4.1 billion in expendi- address HABs may collectively exist within a IN THE HOUSE OF REPRESENTATIVES tures for the United States Coast Guard for variety of federal and state agencies. Cur- Tuesday, October 20, 1998 fiscal year 1999. The U.S. Coast Guard is on rently, however, a structured and effective Mrs. WILSON. Mr. Speaker, on rollcall vote the front lines every day, saving lives and pre- means to bring this expertise together to ad- numbers 520, 531, 532, and 533, I was un- venting drugs from entering the country. They dress HABs does not exist. The missions and avoidably detained. Had I been present, I are the lead agency in the cleanup of oil spills goals of many agencies overlap in the coastal would have voted `aye' on each of these and they help protect our nation's fisheries zone where HAB phenomena are pronounced. votes. within our 200 mile exclusive economic zone. Although no single agency has the lead role f The funding authorized in this bill will enable for the federal government, NOAA and the En- them to continue to accomplish their important vironmental Protection Agency (EPA) are co- IN HONOR OF JACK HECHLER mission. ordinating the efforts of several agencies and Mr. Speaker, I would like to devote the re- departments. At present, the goal of these ef- HON. RALPH REGULA mainder of my time discussing the merits of forts is to more effectively direct resources to- OF OHIO Title VI of this bill. I rise strongly in support of ward minimizing future HAB outbreaks and IN THE HOUSE OF REPRESENTATIVES Title VI because it is essentially H.R. 4235, supporting research and monitoring efforts. the legislation that I introduced in July of this Mr. Speaker, I introduced H.R. 4235 to ad- Tuesday, October 20, 1998 year. H.R. 4235 is entitled the Harmful Algal dress this problem. H.R. 4235 was structured Mr. REGULA. Mr. Speaker, I would like to Bloom and Hypoxia Research and Control Act to ensure that much needed federal resources bring to the Congress' attention an individual of 1998. My bill, and Title VI of H.R. 2204, au- are effectively used to address our nation's E2244 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 1998 coastal communities environmental and public RECOGNITION OF MCS IN 8 U.S. FEDERAL RECOGNITION OF MCS IN 21 U.S. STATE COURT health concerns. Though the authorized fund- COURT DECISIONS DECISIONS In decisions affirming MCS illness (by this ing level in Title VI is less than I proposed in In decisions affirming MCS (by this or an- or some other name) as a handicap or injury H.R. 4235, I am pleased to see that the integ- other name) as a real illness, handicap or in cases regarding: rity of the structure of my bill was not disability under: Housing Discrimination: Lincoln Realty breached. Daubert: Kannankeril v. Terminix Inter- Management Co. v. Pennsylvania Human Rela- Finally, I would like to briefly thank my staff, nationals Inc. Third Circuit Court of Appeals tions Commission, 598 A.2d 594, Pa. Commw. David Kay, for all his hard work and all the (CA 3), No 96–5818 [17 Oct. 1997, 5 pages, R– 1991 [47 pages, R–62]. Members who were supportive of my pro- 148], overturning a lower court’s summary Employment Discrimination: County of posal. I am confident that the broad-based judgement for the defendant (District of NJ, Fresno v. Fair Employment and Housing Com- No 92–cv–03150) on a Daubert motion, saying mission of the State of California, 226 Cal. App. support that we garnered in the form of co- 3d 1541, 277 Cal. Rptr. 557 Cal App. 5th Dist. sponsors to H.R. 4235 was instrumental in the it had ‘‘improperly exercised its keep- ing role by excluding’’ the plaintiff’s medical 1991 [11 pages, R–63]; and Kallas Enterprises v. bill's eventual inclusion as Title VI of H.R. expert, Dr. Benjamin Gerson, and his testi- Ohio Civil Rights Commission, 1990 Ohio App. 2204. mony on causation—specifically his view 1683, Ohio Ct. App. May 2, 1990 [6 pages, R– Mr. Speaker, I urge that the House support that the plaintiff developed MCS as a result 64]. H.R. 2204. I urge the Senate to quickly act to of overexposure to chlorpyrifos. [Terminix Health Services Discrimination: Ruth, Bar- pass it as well and I urge our President to sign had sprayed Dursban in the plaintiff’s home bara; June P. Hall; Cricket J. Buffalo; Susan Molloy; and Cathy Lent v. Kenneth Kizer/Molly this bill into law. 20 times in 17 months.] The court described MCS as becoming ‘‘sensitized to multiple Coe, Director, CA. Department of Health Serv- f other chemicals’’ and said ‘‘It is an acknowl- ices, No. 665629–8, 1989 [1 page, R–65], in which edged scientific fact that chlorpyrifos, the the plaintiffs won the right to receive oxy- SALUTING RON JAMES—INTREPID active ingredient in Dursban, is harmful to gen treatments for MCS by successfully ap- pealing to the CA Superior Court of Alameda DEFENDER OF THE AMERICAN humans and can cause the very symptoms County which overturned the prior ruling of FLAG displayed by Dr. Kannankeril,’’ which in- an administrative law judge. cluded headaches, fatigue, numbness, mem- Negligence/Toxic Tort: Melanie Marie ory and concentration problems, sleepless- Zanini v. Orkin Exterminating Company Inc. HON. GERALD B.H. SOLOMON ness, nausea, and skin rashes. Even though OF NEW YORK and Kenneth Johnston, Broward County Cir- Dr. Gerson had not examined the plaintiff or cuit Court, No. 94011515 07, verdict of 7 De- IN THE HOUSE OF REPRESENTATIVES written about the toxic effects of cember 1995 and final judgement of 28 De- Tuesday, October 20, 1998 organophosphates, the court said his ‘‘opin- cember 1995 [4 pages, R–92], in which the jury ion is not a novel scientific theory’’ and ‘‘is ruled that the pesticide applicator’s neg- Mr. SOLOMON. Mr. Speaker, I would like to supported by widely accepted scientific ligence in applying Dursban was the legal take this opportunity as we come to the close knowledge of the harmful nature of cause of damage to the plaintiff, who was of the 105th Congress, to recognize a man organophosphates.’’ awarded a total of $1,000,000 in damages by who has been so instrumental in efforts to pro- Fair Housing Act: United States v. Associa- the jury. This was subsequently reduced to tect the eternal symbol of our great nationÐ tion of Apartment Owners of Dominis West et $632,500 in the final judgement.; Ruth Elliott, the American Flag. That man is Ron James. al, Case No. 92–00641 (D. Ha.) 25 August 1993 et al., v. San Joaquin County Public Facilities Those of us ingrained in the fight to enact [19 pages, R–61], in which a consent order Financing Corp. et al., California Superior Court, San Joaquin County, No. 244601, 31 Oc- the constitutional amendment prohibiting the won by the Department of Justice’s Housing and Civil Justice Enforcement Section re- tober 1996 [2 page verdict report, R–112] in physical desecration of the American Flag quires the management of an apartment which a public lease-back corporation was identify Ron James, who we also know as complex in Honolulu to take several steps to held responsible for 14 awards of partial to Ronald M. Sorenson, as a true patriot. Ron accommodate a tenant with MCS. permanent disability based on MCS and var- ious other health complaints that started has devoted countless volunteer hours to pro- Rehabilitation Act: Vickers v. Veterans Ad- after extensive renovations were inad- moting the amendment that will return the right ministration, 549 F. Supp. 85, W.D. Wash. 1982 equately ventilated (half the roof air condi- of the American people to protect the Amer- [4 pages, R–56], in which the plaintiff’s sen- tioners did not work). Awards ranged from ican FlagÐthe perennial symbol of American sitivity to tobacco smoke was recognized as $15,000 to $900,000 each (total $4,183,528) Linda handicap by the VA and the court, but his re- ideals and the countless sacrifices that have Petersen and Eleni Wanken v. Polycap of Cali- quest for totally a smoke-free environment been made in securing them. A former Marine, fornia, California Superior Court, Alameda was denied on the grounds that the VA had Ron has extended his service to his country County, No. H7276–0, 1 April 1988 [1 page ver- already made sufficient reasonable efforts; well beyond his time in the armed services. dict report, R–143], in which plaintiffs were Rosiak v. Department of the Army, 679 F. Supp. awarded $250,000 and $13,000, respectively, for His actions on behalf of all veterans and in 444, M.D. Pa. 1987 [6 pages, R–57], in which MCS they developed after a polyurethane support of protecting the American flag are the court, although finding the plaintiff ‘‘not roofing material was installed at two school truly commendable. otherwise qualified’’ to continue working, buildings where they worked. These jury Mr. Speaker, I invite all Members to join me implicitly recognized his MCS disability, as awards led to prompt settlement of a dozen did the Army, which the court found had in paying tribute to Ron James, a true Amer- other cases against the same defendant. ican patriot. made sufficient reasonable (albeit unsuccess- Tort of Outrage and ‘‘Deliberate Inten- ful) efforts to accommodate the plaintiff’s tion’’ Exception to Workers Compensation: f chemical sensitivity. Birklid et al v. The Boeing Company, Supreme MULTIPLE CHEMICAL SENSITIVITY Social Security Disability Act: Slocum v. Court of the State of Washington, 26 October Califano (Secretary, HEW), Civil No. 77–0298 1995, No. 62530–1, in which the court issued an (D. Haw.) 27 August 1979 [9 pages, R–60], in EN BANC ruling in response to a question it HON. BERNARD SANDERS what is believed to be the earliest decision of ‘‘certified’’ from the Ninth Circuit Court of OF VERMONT any court recognizing MCS, the US District Appeals. By unanimous 9–0 decision, the WA IN THE HOUSE OF REPRESENTATIVES Court of Hawaii awarded disability benefits Supreme Court found sufficient evidence of to a plaintiff whose pro se claim of ‘‘chemical Boeing’s deliberate intent to harm its em- Tuesday, October 20, 1998 hypersensitivity’’ dated from 1 May 1968; ployees from chemical exposure that the 17 Mr. SANDERS. Mr. Speaker, I rise today to Kornock v. Harris, 648 F.2d 525, 9th Cir. 1980 [3 workers who claim they were physically and/ pages, R–59]; and Kouril v. Bowen, 912 F.2d or emotionally injured as a result (including discuss the issue of Multiple Chemical Sen- 971, 974, 8th Cir. 1990 [7 pages, R–58]; Creamer those with MCS) can sue the company for sitivity as it relates to both our civilian popu- v. Callahan, Civil No. 97–30040–KPN (D. civil damages in addition to their workers’ lation and our Gulf War veterans. I continue Mass.), 5 November 1997, [7 pages, R–150] re- compensation benefits. (This ‘‘deliberate in- the submission for the RECORD the latest versing and remanding the decision of the tention’’ exception was last allowed by the ``Recognition of Multiple Chemical Sensitivity'' SSA Commissioner, who agreed that the ad- court in 1922). The court also found that the newsletter which lists the U.S. federal, state ministrative law judge’s ‘‘analysis was chemically-injured workers had a claim and local government authorities, U.S. federal flawed with respect to MCS.’’ The court or- under the Tort of Outrage for recovery of and state courts, U.S. workers' compensation dered the Commissioner to file a supple- damages arising from Boeing’s intentional mental memorandum on SSA’s ‘‘position infliction of emotional distress. The matter boards, and independent organizations that with respect to MCS,’’ which he did—specifi- now returns to the U.S. District Court for have adopted policies, made statements, and/ cally stipulating that SSA ‘‘recognizes mul- the Western District of Washington for a or published documents recognizing Multiple tiple chemical sensitivity as a medically de- jury trial. [25 page decision with a 2 page Chemical Sensitivity disorders for the benefit terminable impairment’’ (31 October 1997, 2 background paper from Randy Gordon, one of my colleagues. pages, R–164). of the plaintiffs’ attorneys., R–66]. CONGRESSIONAL RECORD — Extensions of Remarks E2245 Workers’ Compensation Appeals (State Workers’ Compensation Board 1995 [21 pages, Elliott’s refusal to return to work in the Courts only, others follow): R–73]. buildings that made her sick buildings as Arizona: McCreary, Robert v. Industrial Com- Connecticut: Sinnamon v. State of Connecti- ‘‘reasonable under the circumstances.’’ Deci- mission of Arizona, 835 P.2d 469, Arizona Court cut, Dept. of Mental Health, 1 October 1993 De- sion granted 3 months of temporary total of Appeals 1992 [1 page, R–70]; cision of Nancy A. Brouillet, Compensation disability pay followed by permanent partial California: Kyles v. Workers’ Compensation Commissioner, Acting for the First District, disability for ‘‘500 weeks or until further Appeals Board et al, No. A037375, 240 Cal. Conn. Workers’ Compensation Commission. order of the Court’’ [15 pages, R–113] Rptr. 886, California Court of Appeals 1987 [9 [10 pages, R–106]. The commissioner, citing New York: Crook v. Camillus Central School pages, R–68]; Menedez v. Continental Ins. Co., testimony from Dr. Mark Cullen, among oth- District #1, No. W998009, 11 May 1990, decision 515 So.2d 525, La. App. 1 Cir. 1987 [6 pages, R– ers, found ‘‘the great weight of medical evi- of Barbara Patton, Chairwoman, NY State 69]; dence supports the diagnosis of MCS syn- Workers’ Compensation Board specifies Kansas: Armstrong, Dan H, v. City of Wich- drome causally related to the Claimant’s ex- ‘‘modify accident, notice and causal rela- ita, No. 73038, 907 P.2d 923, Kansas Court of posure while in the course of her employ- tionship to multiple chemical sensitivity’’ Appeals [9 pages, R–185]; ment’’ in state office buildings with poor in- and awarded continuing benefits of $143.70 Nevada: Harvey’s Wagon Wheel, Inc. dba door air quality. She ordered payment of per week [1 page, R–108]. Harvey’s Resort Hotel v. Joan Amann, et al, No. temporary permanent disability benefits as Ohio: Saks v. Chagrin Vly. Exterminating Co 25155, order dated 25 January 1995, Nevada well as payment ‘‘for all reasonable and nec- Inc., No. 97–310968, 18 September 1997 [2 pages, Supreme Court [4 pages, R–93], in an order essary medical treatment of the Claimant’s R–151], decision of District Hearing Officer dismissing the casino’s appeal of a district MCS syndrome.’’; O’Donnell v. State of Con- Arthur Shantz, recognizing claim of chemi- court ruling that reversed the decision of an necticut, Judicial Department, 22 May 1996 De- cal sensitivity; and Kelvin v. Hewitt Soap appeals officer in favor of a group of 23 cision of Robert Smith Tracy, Compensation Company, No. 95–599131, 5 June 1996 [2 pages, claimants. The Supreme Court agreed with Commissioner, Fourth District, Conn. Work- R–152], decision of District Hearing Officer the lower court’s finding that the officer had ers’ Compensation Commission. [5 pages, in- Steven Ward, recognizing claim of multiple ‘‘overlooked substantial evidence offered by cluding cover letter from plaintiff’s attor- chemical sensitivity as ‘‘occupational dis- the [23] claimants that clearly supported a ney, R–107]. The commissioner recognized ease’’ contracted ‘‘in the course of and aris- causal relation between their work place in- MCS ‘‘caused by numerous exposures to pes- ing out of employment.’’ juries [due to pesticide exposure] and their ticides at work . . . and exacerbated by re- Washington: Karen B. McDonnel v. Gordon continuing disabilities.’’ peated exposure to other odors and irritants Thomas Honeywell, No. 95–5670, 22 October New Hampshire: Appeal of Denise Kehoe at work’’ in a Juvenile Court building. Be- 1996 decision of Judge Stewart, WA State (NH Dept. of Labor Compensation Appeals cause ‘‘this claimant has been given special Board of Industrial Appeals, recognizing Board), No. 92–723, Supreme Court of New accommodations since March 1992 when she ‘‘toxic encephalopathy’’ as an acceptable di- Hampshire 1994, 648 A.2d 472, which found was granted an isolated office and the stop- agnosis for MCS-induced permanent partial that ‘‘MCS Syndrome’’ due to workplace ex- page of spraying of pesticides’’ that allowed disability [2 p, R–118]. her to continue working full-time, no mone- posure is an occupational disease compen- f sable under NH’s workers’ compensation tary benefits were awarded. statute and remanded to the Compensation Delaware: Elizanne Shackle v. State of Dela- THE CAP ON MEDICARE THERAPY Appeals Board ‘‘for a determination of ware, Hearing No. 967713, Delaware Industrial SERVICES MUST BE REMOVED whether the claimant suffers from MCS and, Accident Board in and for New Castle Coun- if she does, whether the workplace caused or ty, December 1993 [21 pages, R–142] awarding contributed to the disease’’ [3 pages, R–71, total temporary disability benefits and ‘‘one HON. see also]; (2nd) Appeal of Denise Kohoe (NH attorney’s fee’’ based on the IAB’s finding OF CALIFORNIA Dept. of Labor Compensation Appeals that the claimant’s work exposure (in a state IN THE HOUSE OF REPRESENTATIVES correctional facility built by prison labor) Board), No. 95–316, Supreme Court of New Tuesday, October 20, 1998 Hampshire 13 November 1996, in which the had ‘‘caused her present respiratory symp- Court again reversed the Compensation Ap- toms’’ and that this ‘‘has sensitized her to Mr. GALLEGLY. Mr. Speaker, It has come peals Board, finding both that the claimant other odors.’’ to my attention that a pending change to had MCS (legal causation) and that ‘‘her Maryland: Kinnear v. Board of Education Medicare policy enacted as part of the 1997 work environment probably contributed to Baltimore County, No. B240480, Md. Workers’ Compensation Commission, 28 June 1994 [1 Balanced Budget Act will curtail access to or aggravated her MCS’’ (medical causation) needed outpatient therapy services for per- [5 pages, R–127]; page, R–75]. Massachusetts: Sutherland, Karen v. Home sons with severe disabilities and chronic Oregon: Robinson v. Saif Corp, 69 Or. App. Comfort Systems by Reidy and Fidelity & Cas- 534; petition for review denied by 298 Ore. 238, health conditions. Effective January 1, 1999, ualty Insurance of New York, Case No. 023589– 691 P.2d 482 [5 pages, R–67]; Saif Corporation this change limits payments for Medicare out- 91, 8 February 1995 decision of Mass. Depart- and General Tree v. Thomas F. Scott, 824 P.2d patient occupational therapy and physical ther- ment of Industrial Accidents [21 pages, R–74]; 1188, Ore.App. 1992 [6 pages, R–89]; apy/speech-language pathology services Steven Martineau v. Fireman’s Fund Insurance South Carolina: Grayson v. Gulf Oil Co, 357 Co, Case No. 9682387, 15 May 1990 decision of (combined) to $1,500 per beneficiary per year. S.E.2d 479, S.C. App. 1987 [6 pages, R–88]; Administrative Judge James McGuinness, This is an arbitrary limit that will cause thou- West Virginia: Arlene White v. Randolph Jr., Mass. Industrial Accident Board, order- sands of Medicare beneficiaries with disabil- County Board of Education, No. 93–11878, 18 ing that the employer pay for disability ben- ities to forfeit necessary care in excess of the November 1994 decision of Administrative efits as well as ‘‘all costs, including trans- Law Judge Marshall Riley, Workers’ Com- $1,500 level, force them to switch health care portation, lodging and meals, incurred or to pensation Office of Judges, reversing denial providers when the $1,500 cap is reached, or be incurred in the course of seeking and ob- of MCS claim for temporary total disability require them to struggle to pay for continuing taining reasonable medical and related care and medical payments by Workers’ Com- services out-of-pocket. Individuals recovering . . . including treatment rendered by and at pensation Division [7p, R–131]; Julie Likens v. the Center for Environmental Medicine.’’ [18 from stroke, who have Alzheimer's Disease, or Randolph County Board of Education, No. 93– pages, R–125]; Elaine Skeats v. Brigham & who have advanced multiple sclerosis are 14740, 4 April 1995 decision of Chief Adminis- Women’s Hospital, Case No. 02698693, 24 Octo- among the Medicare beneficiaries that often trative Law Judge Robert J. Smith, Work- ber 1996, decision of Administrative Judge need therapy services beyond that available ers’ Compensation Office of Judges, revers- James McGuinness, Jr., Mass. Industrial Ac- ing denial of MCS claim for temporary total under the $1,500 cap. It is these individuals cident Board, ordering that the employee and medical disability by Workers’ Com- and their families who will be hurt by this ‘‘compensate the employee for expenses in- pensation Division [8p, R–132]; and Barbara pending provision. curred in the course of satisfying the his- H. Trimboli v. Randolph County Board of Edu- I know that major national consumer, pro- toric and prospective prescriptions of Doc- cation, No. 92–65342–OD, 10 June 1996 decision fessional, and provider organizations are call- tors . . . prompted by her industrial injury of Administrative Law Judge Terry and relative to: intravenous therapy, vita- ing for the repeal of this provision or, at a min- Ridenour, Workers’ Compensation Office of min and nutritional supplements, message imum, for a delay in its implementation. For Judges, reversing denial of MCS claim for therapy, air conditioning, air purification, the past six months, these groups have ex- temporary total disability and medical pay- air filtration, masking, water filtration, al- ments by Workers’ Compensation Division [5 plained that such limits on rehabilitation serv- lergy bedding, laboratory testing and mile- pages, R–133]. ices are necessary, are not grounded in ra- age travelled.’’ [14 pages, R–126] tional policy, and will carry harmful con- RECOGNITION OF MCS IN 14 WORKERS’ New Mexico: Elliott, Erica v. Lovelace Health sequences for Medicare beneficiaries. Despite COMPENSATION BOARD DECISIONS Systems and Cigna Associates Inc, No. 93–17355, In decisions affirming MCS illness (by this 8 November 1994, decision of Rosa Valencia, much discussion, it appears that this Congress or some other name) as a work-related in- Workers’ Compensation Judge, finding that will conclude its work without addressing the jury or illness in: MCS was triggered by glutaraldehyde and $1,500 Medicare cap issue. Alaska: Hoyt, Virginia v. Safeway Stores, Sick Building Syndrome for which employer I share the concern that many Medicare Inc, Case 9203051, Decision 95–0125, Alaska had been given timely notice. Also supported beneficiaries are at risk of losing access to E2246 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 1998 need outpatient therapy services after January views of the Managers. In point of fact, the ``it is particularly important to the President 1, 1999. I urge my colleagues to investigate phantom language directly contradicts the joint that you be clear that the federal law to be ap- the consequences of this pending change in explanatory statement (the Statement of Man- plied includes recklessness as a basis for Medicare payment and remedy the situation agers). pleading and liability in securities fraud class before it begins to cause serious harm to In any event, it is the conference report actions.'' Only after the Managers clarified that beneficiaries with disabilities and chronic itself, in particular the Statement of Managers, the 1995 Reform Act had not altered the sub- health conditions and their families. and not the dissenting views expressed by stantive liability standards that allow investors f one or more Members, that reflects the agree- to recover for reckless misconduct and that ment of both Senate and House conferees as the Reform Act had adopted the Second Cir- MISPRINT ON THE STATEMENT OF to the bill's intended operation and con- cuit pleading standard did the SEC agree to MANAGERS ON S. 1260 sequences. The language of the Statement of support enactment of S. 1260. The SEC's let- Managers could not have been more clear ter of October 9, 1998 to Senators D'AMATO HON. JOHN D. DINGELL and direct as to the bill's ratification of uniform and SARBANES states: OF MICHIGAN pleading and liability standards: We support this bill based on important as- It is the clear understanding of the Man- surances in the Statement of Managers that IN THE HOUSE OF REPRESENTATIVES agers that Congress did not, in adopting the investors will be protected. . . . The strong Tuesday, October 20, 1998 Reform Act, intend to alter the standards of statement in the Statement of Mangers that liability under the Exchange Act . . . Addi- neither this bill nor the Reform Act was in- Mr. DINGELL. Mr. Speaker, as Ranking tionally, it was the intent of Congress, as tended to alter existing liability standards Member of the Committee on Commerce and was expressly stated during the legislative under the Securities Exchange Act of 1934 one of the conferees appointed on behalf of debate on the Reform Act, and particularly will provide important assurances for inves- the House (September 16, 1998, CONGRES- during the debate on overriding the Presi- tors that the uniform national standards cre- SIONAL RECORD at H7888), I rise to bring to dent’s veto, that the Reform Act establish a ated by this bill continue to allow them to the attention of the House a matter involving heightened uniform Federal standard on recover losses caused by reckless mis- the conference report on S. 1260, the Securi- pleading requirements based upon the plead- conduct. The additional statement clarifying that the uniform pleading requirement in ties Litigation Uniform Standards Act of 1998, ing standard applied by the Second Circuit Court of Appeals. the Reform Act is the standard applied by and to correct the record. The Statement of Managers on S. 1260 the Second Circuit Court of Appeals will The circumstances surrounding the publica- likewise benefit investors by helping to end tionÐfirst of an incomplete conference report, clarified confusion arising from the Statement confusion in the courts about the proper in- and then of a conference report appending ex- of Managers on the 1995 Securities Litigation terpretation of that Act. Together, these traneous materialÐmay be just another mix- Reform Act. The 1995 Statement of Managers statements will operate to assure that inves- up by the gang that couldn't shoot straight. On noted that the language of the pleading stand- tors’ rights will not be compromised in the the other hand, worse. ard was ``based in part on the pleading stand- pursuit of uniformity. To wit, the joint explanatory statement of the ard of the Second Circuit.'' However, the 1995 The Second Circuit standard allows plaintiffs committee of conference on S. 1260, both as Statement of Managers also contained some to allege facts showing either (a) the defend- printed by the Government Printing Office murky language which, as the gentleman from ant had a motive and opportunity to engage in (GPO) in Report No. 105±803 and as it ap- Massachusetts, Mr. MARKEY, has correctly the fraud, or (b) the defendant acted either peared in the CONGRESSIONAL RECORD for Fri- noted was slipped into a footnote by a staffer recklessly or knowingly. Dissenters argue that day, October 9, 1998 at H10270, was incom- at the last minute without our knowledge or Congress meant to eliminate allegations of plete. The final page mysteriously dis- concurrence (October 13, 1998 CONGRES- motive, opportunity and recklessness. This is appeared. Curiously, this page contained im- SIONAL RECORD at H 10782), to the effect that flat wrong. It is simply not logical or believable portant language regarding scienter, reckless- the conferees ``chose not to include in the to argue that we adopted a pleading standard ness, and the pleading standard applied by pleading standard certain language relating to ``based upon'' the Second Circuit standard, but the Second Circuit Court of Appeals, language motive, opportunity, and recklessness.'' Large- yet rejected allegations of motive, opportunity, essential to the conference agreement. Even ly, as a result of this language, the President and recklessnessÐcore elements of that more mysterious, the official papers filed in the vetoed the 1995 Reform Act for fear that it standard. Allegations of recklessness or mo- Senate on October 9th were complete and did might be construed to mean that Congress tive and opportunity continue to suffice as a basis to plead fraud. This is necessary and contain the final page. was adopting a pleading standard even higher appropriate in the public interest, for the pro- In order to clarify this situation, a star print than that of the Second Circuit. Congress tection of investors and the maintenance of of the complete conference report has been overrode the President's veto. As is apparent fair and honest securities markets. ordered from GPO. Also, during House con- from the post-veto debate in both the House f sideration on October 13th, Commerce Com- and the Senate, Congress did so, not because Congress wanted a pleading standard higher mittee Chairman BLILEY asked unanimous TRANSFERRING THE OFFICE OF than the Second Circuit's, but because the consent to include in the RECORD ``a complete MOTOR CARRIERS copy of the conference report on S. 1260'' and pleading standard adopted in the Reform Act made the following remarks: was, in fact, the Second Circuit standard. Nevertheless, uncertainty and confusion HON. FRANK R. WOLF When the conference report was filed in the quickly emerged in various District Court OF VIRGINIA House, a page from the statement of man- IN THE HOUSE OF REPRESENTATIVES agers was inadvertently omitted. That page cases, to the delight of those who sought to was included in the copy filed in the Senate, undermine what the majority of Congress had Tuesday, October 20, 1998 reflecting the agreement of the managers. concluded the pleading standard should be, Mr. WOLF. Mr. Speaker, I rise today to We are considering today the entire report but to the grave disadvantage of investors. bring to the attention of the House an impor- and statement of managers as agreed to by Because of this uncertainty, the Administration tant development in the safety of our nation's conferees and inserted in the RECORD. and the SEC insisted that Congress restate highways: transferring the Office of Motor Car- Therefore, the complete joint explanatory the applicable liability and pleading standards riers (OMC) from the Federal Highway Admin- statement of the committee of conference be- of the 1995 Reform Act in the legislative his- istration (FHWA) to the National Highway Traf- gins on page H10774 of the CONGRESSIONAL tory of this bill. That restatement was nec- fic Safety Administration (NHTSA). RECORD for October 13, 1998 and concludes essary to the legislative history of this bill be- Mr. Speaker, as the members of the body on page H10775 where the names of the cause the liability and pleading standards from know, the Office of Motor Carriers monitors an House and Senate Managers appear. The un- the 1995 Reform Act will apply to the class ac- important component of our country's econ- identified material that follows the names of tions that are covered by S. 1260. The White omy: the trucking industry. Not only does the Managers, although erroneously printed in House wrote to Senators D'AMATO, GRAMM, OMC monitor and enforce compliance with the same typeface as the conference report, and DODD on April 28, 1998 that the Adminis- rules, regulations, and laws, it is expected to an error that has been corrected by reprinting tration would support enactment of S. 1260 improve the safety of trucks that share the the material in the appropriate typeface and only ``so long as amendments designed to ad- road with passenger vehicles. identifying its source in the October 15, 1998 dress the SEC's concern are added to the leg- After learning alarming statistics about truck CONGRESSIONAL RECORD at H11021±22, is not islation and the appropriate legislative history safety violations and truck accident rates, the part of the conference report's joint explana- and floor statements of legislative intent are House transportation appropriations sub- tory statement and does not represent the included in the legislative record,'' noting that committee included a provision in the FY 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2247 Department of Transportation appropriations The Department of Transportation's Inspec- I just want you to know that you have a legislation to transfer OMC to NHTSA. Our tor General (IG), in a review of the motor car- great deal of support from the actual work- Senate colleagues agreed. That office trans- rier safety program, concluded ers within the Office of Motor Carriers. * * * [T]he average investigator completes 1 com- fer, in my opinion, is not only bold, but nec- that FHWA’s enforcement efforts were not pliance review per month. Last year it was effective in inducing prompt and sustained essary. It will save lives. 2.5 compliance reviews per month and the compliance with regulations and safe on-the- Now, we see, though, that the trucking in- year before it was more than five compliance road performance. Seventy five percent of dustry lobby convinced some in Congress to reviews per month and so forth. * * * I think the carriers sampled did not sustain a satis- strike the transfer provision from the omnibus factory rating, and after a series of compli- OMC should get moved to NHTSA. Clearly, appropriations legislation, which includes the ance reviews, 54 percent of the carriers had nobody at the top within the FHWA recog- transportation spending bill. I am extremely vehicle out-of-service rates from roadside in- nizes the importance of compliance and en- disappointed that the OMC provision has been spections higher than the national average. forcement. According to the impact assess- dropped. ment model developed within OMC, compli- There is a growing concern that trucks are ance reviews save lives. Why aren’t we doing I understand that assurances have been dangerous. I want to be clear, though, that I enough of these? * * * given that comprehensive hearings to inves- believe many in the trucking industry work tigate truck safety will be held early next year hard to maintain safe trucks. To be sure, how- Mr. Speaker, indeed, why aren't we doing on this critical safety issue in both the House ever, there are a number of trucks operating enough? I pledge to our colleagues that we and Senate authorizing committees. I pledge, on the nation's highways which are unsafe will focus our effort and energy next year to too, that the House transportation appropria- and dangerous. This concern is worsened by shining the spotlight on truck safety in Amer- tions subcommittee will not let this matter the fact that most of the fatal injuries in truck- ica, and to finding the answer to that critical drop. We will also hold hearings on highway ing accidents are to the occupants of the question. and truck safety and how the mission of OMC other, typically smaller, vehicle. It is because HOUSE OF REPRESENTATIVES, could be enhanced by transferring the office to of these concerns that I, as chairman of the COMMITTEE ON APPROPRIATIONS, Washington, DC, October 20, 1998. NHTSA. House Appropriations Subcommittee on Mr. KENNETH MEAD, In addition, because the issue of truck safe- Transportation, recommended moving OMC Inspector General, Department of Transpor- ty is literally one of life and death, I have writ- from FHWA to NHTSA, because the functions tation, Washington, DC. ten the Inspector General at the Department of OMC are much more closely aligned with DEAR MR. MEAD: I am writing to request of Transportation and the General Accounting those of NHTSA. The National Highway Traffic that the Inspector General (IG) update its Office asking that both investigate the truck Safety Administration as its name implies, is 1997 audit report on the Motor Carrier Safety safety issue. Copies of those letters are sub- focused on safety. Program. On March 26, 1997, you concluded mitted for the record. I continue to believe that Moving OMC to NHTSA would strengthen ‘‘that FHWA’s enforcement efforts were not the Office of Motor Carriers should be trans- and consolidate the Department of Transpor- effective in inducing prompt and sustained compliance with regulations and safe on-the- ferred to the nation's top highway traffic safety tation vehicle safety programs. A single modal administration can provide a more consistent road performance. Seventy five percent of office, and our colleagues should know that the carriers sampled did not sustain a satis- this matter will continue to be at the top of our and synchronous safety program and agenda. factory rating, and after a series of compli- agenda. An agency with a consolidated safety focus ance reviews, 54 percent of the carriers had With regard to the trucking industry, there will see the entire safety picture rather than a vehicle out-of-service rates from roadside in- can be no higher priority than improving safe- system where one agency looks at truck safe- spections higher than the national average’’. ty. However, it is not clear that the industry ty and another looks at passenger care safety, I have received information from Federal believes safety is its number one priority. Let as is currently in place. After all, trucks and Highway Administration (FHWA) employees me share some alarming statistics with you: cars share the same roads. who are concerned about the level of compli- Commercial trucks represent just 3 percent With the striking of the OMC transfer provi- ance and enforcement activities being con- ducted. This letter states that ‘‘[T]he aver- of all registered vehicles in the United States, sion, I believe, safety will be diminished and lives will be lost. More accidents will occur like age investigator completes 1 compliance re- but they were involved in 13 percent of the view per month. Last year, it was 2.5 compli- total traffic fatalities in 1997. the one last month in Knoxville, Tennessee. According to the accident report, a tractor-trail- ance reviews per month, and the year before Over the past ten years, the fatal accident it was more than 5 compliance reviews per er came upon traffic stopped because of con- rate for all vehicles has been declining. How- month’’. Information our Subcommittee has struction several miles ahead. The truck, run- ever, commercial motor vehicle accidents, fa- obtained from the Federal Highway Adminis- ning at almost 70 miles per hour, ran into the talities, and fatality rates are increasing. Last tration confirms this decline. I am concerned back of a sport utility vehicle, knocking it into year 5,335 people died on U.S. roads in acci- that this is having a negative and growing a concrete barrier; sideswiped another tractor impact on truck safety. Your investigation dents involving heavy trucks. The national fig- trailer while swerving into the right hand lane; should address, but not be limited to, the fol- ure reflects a 4.5-percent increase in truck-re- and smashed into the back of a van, pushing lowing areas: lated deaths from the prior year and is this it into the trailer of a third truck in front. The 1. A review of the number of compliance re- decade's highest one-year tally so far. van immediately exploded. The lone occupant views conducted by FHWA in fiscal years One out of eight traffic fatalities in 1997 re- of the sport utility vehicle and the lone occu- 1995, 1996, and 1997. As part of this investiga- sulted from a collision involving a large truck. tion, the IG should determine whether or not pant of the van were killed immediately. None Large trucks are more likely to be involved in FHWA has targeted poor performance car- of the truck drivers were injured. This is em- fatal, multiple vehicle crashes. riers for these compliance reviews and what blematic of the fears most Americans hold for Over the past eight years, the Department impact these reviews have had on the overall heavy trucks every day they are on the Na- safety ratings of these carriers. of Transportation's Federal Highway Adminis- tion's highways. tration has not been able to significantly re- 2. An analysis of the enforcement actions Knowing that information about trucks on taken by FHWA to determine whether or not duce the number of commercial motor vehi- our highways just increases my disappoint- the enforcement program has been strength- cles or drivers operating on our roadways that ment that the office transfer will not occur this ened since your earlier audit. are not fit to be in service. One in five trucks year. My view that such a move will save lives 3. A determination of the adequacy of the is operating with mechanical defects so seri- is also shared by The Washington Post, which penalties assessed for continued noncompli- ous that the truck is legally not allowed to con- said in a September 19, 1998, editorial: ance. tinue the trip until the problems are corrected. The office of motor carriers is responsible I would appreciate a briefing on this issue Eight percent of the drivers are placed out-of- for truck safety requirements such as the prior to our hearing on the Federal Highway service. Neither of these statistics has altered length and weight of the vehicle and the Administration’s 200 federal appropriations, significantly since 1990. time a trucker may drive; the logical home which is tentatively scheduled for late Feb- In 1997, the Virginia State police conducted for this office is in the agency that deals ruary or early March, 1999. A report should 42,256 motor carrier inspections. Of those with other vehicle safety issues. follow shortly thereafter. trucks inspected, the state police found 25,221 The full editorial is submitted for the If you have any questions about this re- quest, please contact Stephanie Gupta of the defects (60 percent) and 19,861 drivers in vio- RECORD. Subcommittee staff on (202) 225–2141. lation (46 percent). I submit for the RECORD a Our colleagues should also know I received Sincerely, report I received from the Virginia State Police a recent letter from an employee at OMC who FRANK R. WOLF, with those alarming statistics. said, Chairman. E2248 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 1998 HOUSE OF REPRESENTATIVES, ferences over two important highway safety For the first time, more than half of all mid- COMMITTEE ON APPROPRIATIONS, issues that shouldn’t even be in dispute: the dle-school students report that illegal drugs Washington, DC, October 20, 1998. identification of trucks carrying agricul- are used, kept and sold at their schools. Acting Comptroller General JAMES tural chemicals, and a proposal to consoli- During the Reagan/Bush years drug use HINCHMAN, date federal highway safety responsibilities dropped, from 24 million individuals using General Accounting Office, under a single agency best organized to do Washington, DC the job. drugs in 1979 to 11 million in 1992. These DEAR MR. HINCHMAN: There is a growing The battling over hazardous-materials hard fought gains were wasted by President concern that trucks are dangerous. Cur- warnings has to do with a federal require- Clinton. rently, commercial trucks represent just 3 ment that, effective Oct. 1, trucks carrying The number one reason young people drop percent of all registered vehicles in the agricultural chemicals such as fertilizer, pes- out of school is because of their involvement United States, but they are involved in 13 ticides, herbicides and insecticides must with illegal drugs. In a study conducted among percent of the total traffic fatalities. Over carry placards identifying the material on a sample of 9th to 11th graders, more than the past ten years, the fatal accident rates board and providing an emergency telephone half of the heavy drug users dropped outÐ for all vehicles have been declining; however, number. Rep. Frank Wolf (R-Va.), chairman commercial motor vehicle accidents, fatali- of the transportation appropriations sub- twice the rate of those who are drug free. ties, and fatality rates are increasing. committee in the House, explains that the Studies also show that students involved I am writing to request that the General placards will provide emergency response with drugs are four times more likely to re- Accounting Office conduct an investigation teams with important information on the ceive poor grades than are drug free students. on the effectiveness of the Federal Highway substances they are called upon to handle. The rise in illegal drug use also correlates Administration’s motor carrier safety pro- For instance, a truck carrying topsoil should closely with rising school violence. gram in reducing truck accident and truck be handled quite differently from one trans- Today in America, one third of high school safety violations in the United States. This porting ammonium nitrate. students smoke pot. The message we need to review should focus on trends since 1990. In the Senate bill, an exemption to the I would appreciate a briefing on this issue send America's parents and grandparents in placard requirement has been granted for a the education debate is that President Clinton prior to our hearing on the Federal Highway number of states. Opponents claim the iden- Administration’s 2000 federal appropriations, tification requirements burden farmers. It has earned a failing grade in keeping illegal which is tentatively scheduled for late Feb- can’t be much of a financial burden, through: drugs out of the hands of their school aged ruary or early March. A report should be Advocates for Highway and Auto Safety, children and grandchildren. issued by June, 1999. You cannot claim to be an education Presi- If you have any questions about this re- which supports the requirement, calculates quest, please contact Stephanie Gupta of the the cost of 58 cents a placard. The lack of a dent while ignoring rising illegal drug use in Subcommittee staff on (202) 225–2141 placard advising rescue teams of what is on America's schools. Sincerely, board could cost lives. Dozens of national f and local firefighting units oppose any weak- FRANK R. WOLF, Chairman. ening of the provisions. LATIN AMERICA: CHALLENGES TO The second proposal involves more than a STABILITY mere shift of boxes on federal agency flow COMMONWEALTH OF VIRGINIA, charts. It would relocate the Transportation DEPARTMENT OF STATE POLICE, Department’s Office of Motor Carriers— HON. ELTON GALLEGLY Fairfax Station, VA, August 28, 1998. which oversees trucking laws—from the Fed- OF CALIFORNIA Hon. FRANK R. WOLF, eral Highway Administration to the Na- IN THE HOUSE OF REPRESENTATIVES Herndon, VA. tional Highway Traffic Safety Administra- Tuesday, October 20, 1998 DEAR CONGRESSMAN WOLF: On August 26, tion, which focuses on safety. The point: The 1998, members of the Coalition for Safe office of motor carriers is responsible for Mr. GALLEGLY. Mr. Speaker, as 1998 Roads met with you at your Herndon office truck safety requirements such as the length draws to a close, four countries in the Western to discuss legislation relative to trucks with and weight of the vehicle and the time that Hemisphere bear close observation. Events triple trailers using our highways. I was in- a trucker may drive; the logical home for taking shape in those nations could have a vited to attend, and spoke to you about the this office is in the agency that deals with substantial impact on the region's stability, the number of motor carrier checks our troopers other vehicle safety issues. had conducted during 1997. pace of democratization and the success of During the meeting you expressed interest f economic reform. These nations worth watch- in the statistical information the Virginia ing include: Brazil, Colombia, Venezuela and ON EDUCATION AND DRUGS Department of State Police had concerning Paraguay. motor carrier checks and the drivers and BRAZIL trucks/buses placed out-of-service. I have HON. GERALD B.H. SOLOMON As the contagion of the ``Asian/Russian'' fi- outlined below statistical information for OF NEW YORK nancial crisis spreads into Latin America, the both the entire State of Virginia during the IN THE HOUSE OF REPRESENTATIVES calendar year of 1997: next three months could be critical to the eco- Tuesday, October 20, 1998 nomic and political stability of the hemisphere. Inspection summary Statewide NOVA Mr. SOLOMON. Mr. Speaker, there is All eyes are currently focused on Brazil and its Inspections conducted ...... 42,256 13,915 something missing from the recent education attempts to stave off the effects of the Asian Drivers in violation ...... 19,861 5,250 flu. A major financial downturn in Brazil, the Defective vehicles ...... 25,221 7,721 debate . . . and what is missing is President Drivers taken out-of-service ...... 3,627 1,034 Clinton's record on illegal drugs and its effect region's third largest economy and the world's Vehicles taken out-of-service ...... 8,982 3,117 ninth largest could spell economic trouble Out-of-service violations ...... 18,692 6,262 on the America's education system. All other violations ...... 90,269 24,660 The media seem to buy the Democrat's throughout the entire region, including within claim that they care more about education the United States. The all other violations row above includes than do Republicans. What seems to be miss- Brazil is by far the most important economy all deficiencies found, and an arrest, sum- ing from this debateÐor what the media in South America. With a population of 157 mons or warning was given. I greatly appreciate the opportunity to seems willing ignore is the fact that illegal million, Brazil's Gross Domestic Product speak with you about the issue of highway drug use by school age children has doubled (GDP) stood at approximately $806 billion in safety specifically as it relates to trucks and since President Clinton took office. Studies 1997. Brazil accounts for some 45 percent of tractor-trailers. Your support for highway show that illegal drug useÐincluding mari- all Latin America's GDP. U.S. banks have safety is most important in providing Ameri- juanaÐrobs students of their motivation and some $34 billion in outstanding loans to Brazil ca’s citizens a safe means of travel. If my self-esteem, leaving them unable to con- and over $100 billion in Latin America. U.S. staff or I can be of assistance to you, we may private investment in Brazil stands at $25 bil- be contacted at 703–323–4500. centrate and indifferent to learning. Thanks again. There is not a parent in America who sends lion and trade between the U.S. and Brazil Sincerely, their children off to school without worrying ranges around $16 billion. Since August, how- DONALD P. GARRETT, that they will become exposed to illegal drugs. ever, Brazil's stock market has plunged 40 Captain, And it's not just teenagers anymore. percent and its cash reserves have plum- Division Seven Commander. Parents are now concerned about their 6th, meted $30 billion.This, in turn, has forced in- 7th and 8th grade children getting involved terest rates up to 50 percent and has resulted [From the Washington Post, Sept. 19, 1998] with illegal drugs. Since 1992, marijuana use in a budget deficit of 7 percent of GNP, twice ROAD SAFETY—AND HILL PITFALLS has jumped 150% among 12 and 13 year old what it was when Cardoso first took office. A House-Senate Transportation appropria- students and 300% among high school stu- Deficit spending has led international and do- tions conference is wrestling to resolve dif- dents. mestic short term investors to pull out of Brazil CONGRESSIONAL RECORD — Extensions of Remarks E2249 in record numbers. Finally, the nation's cur- curing a final battlefield victory. The guerrillas, The Pastrana government insists that very lit- rency, the ``Real'', is considered overvalued who are financing their war effort largely from tle antinarcotics activity has been carried out but stable. the narcotics trade, have grown stronger and by the police in the ``zones.'' However, there In the midst of all this turmoil, Brazil held inflicted serious defeats on the military in has been a substantial amount of drug activity elections on October 3rd for president and 1998. The Colombian army has been demor- reported in those areas. Some in the United parliament. These elections marked a very alized through its battlefield losses and is still States have warned the Colombians not to significant transition for Brazil in that President regarded as ill equipped and ill-trained to con- allow the ``zones'' or the peace talks to inter- Cardoso became the first civilian president tinue to wage a prolonged war. U.S. assist- fere with the anti-drug campaign. since military rule both to take over from a ci- ance to the military, desperately needed, is re- The peace talks are set to begin in early vilian predecessor as well as to succeed him- stricted under a U.S. congressional mandate November. The U.S., and all of Latin America, self in office. He won this election with roughly that allows aid to go only to units cleared of will be watching the progress of these discus- the same percentage of the vote as he did human rights violations. In addition to the sions very closely as well as the activities of four years ago. guerrilla war in certain parts of the country the the guerrilla forces outside the ``zones.'' President Cardoso, a former university pro- government has ceased to function and law VENEZUELA fessor, is the inflation-taming engineer of the and order has long since disappeared. The Venezuela, suffering a severe economic cri- country's economic turnaround which has rise of paramilitary armies, which have waged sis due to a crippling drop in world oil prices, been faltering of late. The current economic an indiscriminate war against the civilian popu- faces perhaps its most severe political test crisis is due to effects from the Asian crisis, as lation in the name of fighting the guerrillas, since the attempted military coup of 1992, well as from a still bloated state sector and a and who also draw financial support from an when it will hold legislative elections in Early very generous pension system. The voters, involvement in the drug trade, have injected a November and a presidential election early in however, chose not to blame him for the cri- new level of violence which can not seem to December. These elections represent a turn- sis, but rather the global economic cir- be controlled by the government. ing point for Venezuela, but this turning point cumstances. Mr. Cardoso has remained for Even before taking office, President-elect contrasts sharply with that of Brazil. For the the most part on message regarding Brazil's Pastrana, attempted to fulfill this principle United States, the outcome could cause sig- commitment to free market reforms and the campaign pledge of bringing an end to the 38 nificant trouble since over 50 percent of our oil IMF's and other lenders' demands for contin- years of internal guerrilla war by meeting se- imports come from Venezuela. ued austerity and reform. His new economic cretly with the leader of the largest guerrilla Ironically, the 1992 coup leader, retired Lt. plan calls for spending cuts of over $20 billion, group, the FARC were they discussed the Col. Hugo Chavez, who was pardoned by cur- some tax increases and a reform of the na- possibilities for peace. Upon taking office on rent President, Caldera after spending two tion's pension system. The IMF has readied a August 7, 1998, President Pastrana an- years in prison, is posed to win the December $30 billion package of international credit. nounced that peace talks with the guerrillas 6th Presidential elections. it is reported that he Unfortunately, Cardoso's tenactity may not would begin in November and that, as a pre- may have some ties to leftist guerrillas in Co- be matched by the same attitude in his legisla- clude to those talks, he was embarking on a lombia as well as in his own country; and he ture; the President still must negotiate with a bold plan to turn a large swath of central Co- has at various times vowed to ``deep fry the parliament that has many reasons to oppose lombia into a temporary ``demilitarized zone'' heads'' of his opponents. Even more problem- further reforms and austerity. Nevertheless, in which peace talks with the two main guer- atic, he has, on occasion, vowed to cut off his job may have been made slightly easier rilla groups could commence. most of the nation's financial and trading rela- with the recent elections for parliament. While To that end, on October 15, President tionships with other countries, including its lu- his five-party coalition actually lost a few seats Pastrana announced that some 4,000 Colom- crative oil industry contracts. Recently, as the overall, the President's hand was strength- bian soldiers would begin withdrawing from election nears and his lead has slipped a bit ened in that his own party increased its rep- the ``zones'' which would be totally demili- and the United States grows more nervous, he resentation within the coalition, and the more tarized by November 7. The demilitarization of has tried to soften his rhetoric by promising to moderate leftists increased their representa- these ``zones'' would last until February, de- maintain Venezuela's thriving, partially tion among the opposition. In short, Mr. pending upon the success of the talks. This privatized oil industry. But critics are not im- Cardoso should have greater control over his plan has been both hailed as a bold gamble, pressed, especially when they consider his coalition, and the left might be more willing to which could lead to a substantial amount of group of advisers: a group of extremists of cooperate. The wild cards are the fact that al- good-will among the guerrilla leadership, as both the left and the right. most half of the new parliament, to be seated well as criticized as a guerrilla trick which Also worrisome is the fact that the military is in February, will be freshman whose loyalties would only serve to allow the guerrillas to use divided over his candidacy. Many of the junior are not known, the role the powerful governors the ``zones'' and the time to rearm and retrain officers down to the rank and file see him as will play in securing local support for reform, their forces for a major military push next year. much of the country's poor see him: as a new and the fact that the most important meas- And, while fighting within the ``zones'' will ap- generation politician. But the higher ranking of- ures, pension and civil service reform, require parently cease, there is no general nationwide ficers regard him as the middle and upper constitutional reform and thus three-fifths cease-fire which is expected to result in the classes of society see him: as a self-infatuated votes. To that end, the President is consider- guerrilla and Colombian military units continu- egoist bent on nationalizing what is left of ing a proposal to hold a constituent assembly ing to battle in other parts of the nation even Venezuela's economy and upsetting the coun- next year to permit changes to the constitution as this long peace process continues forward. try's tenuous social cohesion, regardless of by a simple majority vote in the Parliament. Internal reaction to President Pastrana's whether or not he really wants to help the Brazil's economic fate will spell either relief plan has been one of cautious optimism poor and root out the notorious corruption of or trouble for the rest of Latin America. If the among the populace. Except for inside the Venezuelan politics. Brazilian government can keep the economy ``zones'', which had been subject to consider- The traditional parties, viewed from within a from sliding further and can initiate major eco- able guerrilla influence anyway and where the large part of Venezuelan society as extremely nomic reforms, then as the situation stabilizes, population is nervous about living under de corrupt and discredited, are given little chance international investors will return to Brazil, thus facto guerrilla control, the move is seen as a of defeating Chavez. The chances of the avoiding the dramatic consequences experi- necessary gambit to test the intentions of the many other independent candidates for presi- enced by Asia and Russia. guerrillas to seek peace. Even the military, dent (including a former beauty queen) of win- COLOMBIA which has expressed its doubts, now realizes ning are almost non-existent. So far, the two On June 21, the Colombian people voted in that it, too, can use the time to concentrate major political parties, the AD and COPEI, as record numbers and elected Andres Pastrana forces in other parts of the country or to rearm well as some of the smaller parties, have fo- as their new President. The large turnout of and retain their forces in the event these talks cused on the legislative and gubernatorial voters was seen as an expression of support break down and fighting escalates. elections as a way to secure a power base. for a peaceful resolution of the conflict which U.S. reaction to the plan has been mixed. This year the government separated the leg- has engulfed all of Colombia for the past four President Pastrana must be given the benefit islative and local elections from the presi- decades. of the doubt and supported in his attempts to dential election so that they might, by virtue of President Pastrana has taken over a coun- carry out his mandate of peace in the manner a lower turnout and their very panicked and try in which a guerrilla force of 20,000 armed he believes is best. However, concern has thus motivated base, hold onto power in the solders has fought the government to a mili- been expressed over his plan's impact on the national legislature and at the regional and tary standstill with neither side capable of se- counter narcotics program within the country. local level. It is too early to tell whether they E2250 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 1998 will achieve this, but if they do it could well set In December of 1997, President Wasmosy, leaving my office for the greener, or perhaps the country up for a showdown between a vic- not wishing to turn control of the government whiter, pastures of Minnesota. Janet and her torious Chavez and all the rest of the country's over to his enemy, General Ovieda, had fiance, Don Kitson, are planning a wedding governmental system. Ovieda arrested on charges of sedition related next year and will soon start the construction U.S. observers see only one possible op- to the 1996 attempted coup. In February, of their own airplane. I am certain that Don tion: that after the November elections, all 1998, a Wasmosy-appointed military tribunal and Janet have a wonderful future ahead of independent candidates for president will coa- convicted Ovieda and sentenced him to ten themÐif she can survive five years of working lesce around one candidate, perhaps, the pro- years in prison. In mid-April the Supreme for me, she can survive at least fifty-five years business and pro-reform successful former Court upheld the tribunal's sentence which of marriage with Don. governor, Henrique Salas Romer. He is cur- automatically nullified Ovieda's candidacy and rently second in the polls, but still not within threw the Presidential campaign into disarray. We all recognize the importance of congres- striking distance. Moreover, this scenario is The Colorado party then elevated Raul Cubas sional staff. Unfortunately, far too many of not without danger: if the lower classes per- to be the Presidential candidate and appointed them come and go on short notice. Fortu- ceive that the middle and upper classes are Luis Argana as Vice Presidential candidate. nately for my office and the constituents of the cooperating to defeat their candidate that may On May 10, Raul Cubas was elected Presi- Fourth Congressional District of Wisconsin, energize even more dedicated voters for Cha- dent of Paraguay, but the vote was seen more Janet has not simply come and gone. Instead, vez and increase their resolve to turn out on as a vote for Ovieda than for Cubas. she has sacrificed herself for all of us, be it election day. Worse, if Chavez loses after After his election, Cubas indicated that one through long hours at the office, helpful advice leading in the polls for so long and by so of the first things he would do would be to free to a colleague, or timely service for a constitu- much, he has already said he will blame fraud ex-general Ovieda from jail. In reaction, the ent. and order his ``troops'' into the streets. Chavez parliament passed a law limiting presidential has already accused the head of the army of Janet has been a model of perseverance pardons by stating that a prisoner had to and dedication. In 1993, Janet came to work plotting to deny the election to Chavez which serve at least half of his sentence before in Chavez's words could ``provoke civil war.'' for me as a Staff Assistant and she leaves as being granted a pardon. my Administrative Assistant. In those five This could set off a period of violent instability Shortly after taking office on August 15, and years, Janet has held nearly every position in throughout the country. despite the new law, President Cubas an- my office. I am sure there were many times PARAGUAY nounced that he was commuting Ovieda's ten- Janet went home, frustrated after a long day On May 10, Paraguay held only its second year prison sentence and would release him democratic election for President since the from jail. This action has set off a chain reac- at the office, determined to move on to an- end of the 35-year dictatorship of General tion of events which has threatened the very other job. To her credit, Janet always returned Alfredo Stroessner. The election of Raul foundation of Paraguay's politics and its de- the next day with a smile on her face, eager Cubas Grau represented the first civilian lead- mocracy. Immediately after his decision to to work. er to succeed another as Paraguay's Presi- commute the sentence, a group of opposition Janet is also a breast cancer survivor. In- dent. But the Administration of President lawmakers in the Parliament petitioned the Su- stead of succumbing to this awful disease, Cubas, barely three months old, faces a po- preme Court to overrule the pardon and to Janet conquered it. She never doubted her tential constitutional crisis which threatens the order Ovieda back to prison. In addition, sev- ability to persevere, and she is stronger per- struggling democracy. This crisis has been eral lawmakers began searching for a way to son for it. More important, Janet now lends precipitated by the role of the real beneficiary have President Cubas impeached. And, sev- her time to help other women who have been of Paraguay's recent electionsÐformer Gen- eral members of Cubas' cabinet, including the diagnosed with breast cancer. eral Lino Oviedo. President's brother, the Commerce Minister, In April 1996, after a brewing internal feud resigned in protest. Because so many of our staff come and go, between then-President Juan Carlos The Supreme Court is currently trying to de- we get into a habit of thinking that staff are Wasmosy and General Lino Ovieda, head of cide whether to hear the petition to overrule interchangeable partsÐif someone leaves, an- the Paraguayan armed forces, Ovieda was the Presidential pardon. However, it is re- other will step in and take their place. Some fired. Not willing to go quietly, General Ovieda ported that Ovieda has threatened reprisals staffers do not stay in one place long enough retired to his barracks and staged what was against anyone trying to uphold the Par- to make an impression, others are harder to described as a modest coup attempt against liament's petition and is preparing to defend replace because of their special qualities. And President Wasmosy, calling for the President himself against any attempts to do so. It is un- there are a select few like Janet Brown who to step down. However, the situation was con- clear whether President Cubas would uphold are never truly replaced. sidered serious enough that representatives of the laws of the state and would permit the re- Because Janet has held nearly every posi- Paraguay's neighboring counties and the Sec- arrest of Ovieda should the Supreme Court tion in my office and has faced such difficult retary General of the OAS felt it necessary to rule that way. It is also reported that President challenges, the other members of my staff intervene to convince General Ovieda to end Cubas may be threatening the four Supreme his rebellion. As a result of the intervention, a constantly turn to her in times of need. Per- Court Justices who have not yet attained what sons new to the office look to her for advice, compromise was reached in which General would be considered lifetime tenure on the Ovieda would end his coup and retire, and and veterans appreciate her unique ability to Court with those appointments. be both a colleague and friend. When Janet would then be given the portfolio of Minister of This crisis between the executive, the legis- departs my staff in a few weeks, she will be Defense. Ovieda agreed and the rebellion lature and the court has shaken the foundation leaving behind an office that is stronger be- ended. However, in the ensuing period, public of Paraguay's government and could set the opposition arose against the deal, and the stage for a possible military action if the issue cause of her years of service. General, leading President Wasmosy to void is not resolved peacefully. It is incumbent Janet has also become a close friend of my the agreement. General Ovieda left the capital upon the actors in this crisis to resolve their family. Just as the other staff members rely on vowing to run for President. differences so that democracy is preserved, her for help, so do we. Our dog and office In 1997, in preparation for the upcoming that the separation of powers among the three mascot Colby will miss the hours of undivided elections, a split developed within the ruling branches of government is upheld and that the attention he received from Janet. My wife and Colorado political party, which had governed rule of law prevails. I truly appreciate all the times Janet has Paraguay for more than 50 years. The debate f helped us through the last-minute emer- pitted sitting President Juan Carlos Wasmosy gencies and scheduling changes that are in- and his choice of a successor, Luis Argana, A TRIBUTE TO JANET BROWN herent to a career in Congress. Because of against the resurgent former General, Ovieda, those times Janet will always have a special who had formed his own party within the Colo- HON. GERALD D. KLECZKA place in my heart and on my auto insurance rado organization. In September of 1997, in a OF WISCONSIN record. surprise which shocked everyone observing IN THE HOUSE OF REPRESENTATIVES Paraguay, General Ovieda won the Colorado Mr. Speaker, I and the entire staff are say- party nomination for President. He nominated Tuesday, October 20, 1998 ing goodbye not only to a truly great profes- Raul Cubas as his candidate for Vice-Presi- Mr. KLECZKA. Mr. Speaker, I rise today in sional, but a truly great friend as well. Janet, dent and embarked on an ambitious and skill- tribute to my Administrative Assistant, Janet we wish you the best of luck and our deepest ful campaign. Brown. In a few short weeks Janet will be and most heartfelt thanks. CONGRESSIONAL RECORD — Extensions of Remarks E2251 A TRIBUTE TO THE HON. DAN RETIREMENT TRIBUTE TO BOB as a result of dumping by Asian and Russian SCHAEFER BOYER producers. But the Administration has not acted to stop this illegal practice. HON. JOE SKEEN HON. HOWARD L. BERMAN The Members of the European Union have OF CALIFORNIA been smart enough to protect their steel in- OF NEW MEXICO IN THE HOUSE OF REPRESENTATIVES dustry from dumping by erecting temporary IN THE HOUSE OF REPRESENTATIVES barriers to steel imports during the financial Tuesday, October 20, 1998 Tuesday, October 20, 1998 crisis. Their steel industry will weather this Mr. BERMAN. Mr. Speaker, this election storm. Mr. SKEEN. Mr. Speaker, I rise to pay spe- day Robert Kent Boyer will be retiring from American steel workersÐthe most efficient cial recognition to the gentleman from Colo- government service. Bob has been a close in the worldÐcannot continue to be besieged rado (Mr. SCHAEFER) who is retiring from Con- friend and colleague to many members and by foreign steel products while waiting indefi- gress at the end of the 105th Congressional staffers in the Congress. His career has been nitely for trade cases to be settled. Damage to session. marked by a long commitment and deep dedi- the American steel industry is extensive, se- I am honored and pleased to have served cation to America's place in the world. vere, and rapidly growing. with DAN SCHAEFER throughout my tenure in Bob worked his way up from hardscrabble I want to say that I do think there is a legiti- the House of Representatives. Working to- beginnings in Arkansas through perseverance mate role for the United States, Japan, the gether, we have served as members of the and elbow grease. He served our nation in the European Union, and others to play, together, minority and majority party in Congress and United States Air Force before coming to the to help Russia and the newly industrialized have always held principle over politics. U.S. Congress as a staffer in 1968. Bob Asian countries get through this economic cri- We are going to miss Mr. SCHAEFER next served on the staffs of Senator John McClel- sis. But the American steel industry cannot session. Throughout his distinguished career lan and Representatives Allard, Lowenstein, and should not shoulder the burden alone. in the House, he has served his constituents WILLIAM ROTH and William Mailliard with dis- Just recently, just in the Pittsburgh area, from Colorado and the United States with tinction. In 1971, Representatives Thomas Riverview Steel in Glassport, and a number of honor and distinction. (Doc) Morgan, Chairman of the Committee on other steel producers have been forced out of DAN will be remembered here for many no- Foreign Affairs and Representative Mailliard, business by unfair imports. Steel has already table legislative accomplishments. Passing the the Ranking Minority Member appointed Bob been through tough times in our lifetimesÐbut Federal Facilities Compliance Act ensured that to the professional staff of the full Committee the industry has come back more competitive those of us with Federal facilities in our dis- on Foreign Affairs, where he worked for more than ever. The current steel crisis is an exter- tricts received the same level of environmental than 22 years. nal, macroeconomic problem that is unfairly protection as everyone else in the country. He During his tenure on the Hill, Bob oversaw impacting American workers. We already have was and is a major player in helping us in some of this nation's most important inter- the laws in place to address this problem. We New Mexico streamline the bureaucratic proc- national work in combating narcotics, improv- need to act now to stop another hollowing out ess to get the Waste Isolation Pilot Plant up ing diplomatic security, fighting terrorism and of American industry, by acting to stop illegal and runningÐand while we're still not there assisting refugees who were the innocent vic- dumping. yet, we're a lot closer today because of DAN tims of conflict and disaster. This House must act today to urge concrete SCHAEFER's efforts and I look forward to riding In 1993 Bob, was appointed as the Senior measures on the Administration to stop the shotgun on that first truck with him. Deputy Assistant Administrator for Legislative flow of dumped steel. The Traficant Resolution and Public Affairs at the U.S. Agency for Inter- Mr. SCHAEFER also helped spark the na- makes the strongly worded statement that national Development, a post he still holds. tional debate on reforming our nation's tax needs to be made on this subject. Although Bob's sage counsel and abiding knowledge of code. His legislation to eliminate income tax it's non-binding, the Traficant Resolution would international affairs has helped USAID make it raised a lot of eyebrows, but also raised the call on the Administration to investigate these through some of its most difficult times. I know national awareness of the mess our tax sys- low-priced steel imports for 10 days. If the Bob's colleagues at USAID will miss him every tem is in. I also recall that DAN was talking Asians, former Soviet states, or anyone else is bit as much as we will. about a balanced budget long before the ma- flouting international trade agreements, the In closing, let me just say that Bob Boyer is jority of our colleagues in Congress. His bal- President should impose a 1-year ban on steel genuinely one of the kindest, most warm- anced budget legislation, introduced in the imports from that country. By asking for these hearted and talented people I have had the 103rd Congress, was the blueprint for many actions, the Traficant Resolution is making a pleasure to work with. We will miss seeing him subsequent bills, and saw its fulfillment in the real statement. This is not just some toothless in his cowboy boots dispensing advice during Balanced Budget Act passed by this Con- piece of paper that would make this issue go the authorization and appropriations process. I gress. away. Because this issue will not go away. wish he and his lovely wife, Sandy, and While I have just scratched the surface of I urge my colleagues to think over this seri- daughter, Vanessa, the very best in his retire- ous problem, and vote in favor of the Traficant DAN's distinguished career, it is a pretty im- ment. He has served the country well and in Resolution. pressive list of accomplishments. Just as im- the best tradition of government servants ev- pressive, though, has been DAN's non-legisla- erywhere. f tive accomplishments. As manager of the Re- f publican baseball team, he turned the event HONORING REVEREND DR. ERIC R. from a back-alley pepper game into a major- REGARDING STEEL IMPORTS FIGUEROA, SR. BISHOP-DESIGNATE league success, to the point where the game now gets nationwide radio and TV coverage, SPEECH OF HON. EDOLPHUS TOWNS and helps support a number of worthy char- HON. MICHAEL F. DOYLE OF NEW YORK ities in the Washington area. I know I've en- OF PENNSYLVANIA IN THE HOUSE OF REPRESENTATIVES joyed his participation in the Western Caucus IN THE HOUSE OF REPRESENTATIVES and the Wild Turkey Club, where Members Tuesday, October 20, 1998 facing similar problems and with similar con- Thursday, October 15, 1998 Mr. TOWNS. Mr. Speaker, I rise today to stituencies are able to work through the dif- Mr. DOYLE. Mr. Speaker, I rise today to honor Reverend Dr. Eric R. Figueroa, Sr. ficult issues facing Congress in a sober and urge support for the resolution offered by my Bishop-Designate. A man of vision, devotion thought-provoking atmosphere. While Con- colleague from Ohio. Along with my friends and tireless service to others in the spirit of gress as an institution will certainly be poorer from Indiana and Ohio, and many other Mem- God. without DAN's presence, I also know that many bers of the House who have been working to Reverend Dr. Eric R. Figueroa, Sr. was born Members will suffer a personal loss from his get debate and a fair vote on this issueÐI am on February 15, 1954 in New York, NY and is retirement as well. deeply concerned about the current crisis in the oldest of three children born to Elder Ron- In closing, I sincerely wish DAN SCHAEFER the U.S. steel industry. We are worried about ald L. Figueroa and Mother Minnie M. and his family all the best and look forward to this steel crisis and we want to send a strong Figueroa. He is the husband of Evangelist Do- the day the Colorado Rockies name him as message to the White House. reen Figueroa for 23 years, and the father of their Manager. Good luck and God bless you The U.S. steel industry and its workers are three anointed and marvelously gifted children, DAN, we'll miss you around here. suffering tremendously from reduced orders, Timiney, Anaysha and Eric Jr. E2252 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 1998 Reverend Dr. Figueroa is a graduate of teachers and the sponsorship of the Arm- etor for nine more years before selling them in Boys High School, Hunter College and Man- strong-Indiana County Intermediate Unit, a 1996. hattan Bible Institute with honors. In his con- group of six high school students started a When I was a young lawyer starting out dur- tinued pursuit of academic and spiritual excel- program called Applebee Pond. The program, ing the 1970's, I remember how John would lence, he received a Doctorate in Divinity from which was created by the Mercer County Drug always be willing to offer his engineering ex- the National Theological Seminary of the and Alcohol Commission, Inc., involves a pup- pertise to assist with my cases. My family and Commonwealth University of St. Louis, Mis- pet show performed by a group of high school I always knew we could stay with Ada and souri and a Doctorate of Theology from the St. kids for grade school children. However, this John at their home in El Centro where we Paul Bible Institute. program is not merely an extracurricular activ- would often go on camping trips to the Colo- As a child, Rev. Figueroa enjoyed the bene- ityÐit is much more. That's because the pur- rado River and pan for gold. While my boys fit of a spiritual nurturing environmentÐliving pose of the program is to teach very young and I were trying to strike it rich, Ada would in a household surrounded by Spirit filled be- children of grade school age the dangers of be making sure that everyone had their shov- lievers. His spiritual renaissance occurred at smoking. els, pails and a good lunch. After my election the Institutional Church of God in Christ under The group of high school students, which to Congress, I always treasured the times the Pastorate of Bishop Carl E. Williams, Sr. now numbers over twenty students ranging in when John and Ada would visit me in Wash- While at Institutional, he worked in numerous age from 14 to 18, travels to grade schools ington, D.C., somehow we would always end positions serving the Savior and the church throughout the area putting on a variety of up exploring Northern Virginia. well. programs for a very attentive audience of chil- John and Ada Hess were great advocates Acknowledging his call to the ministry in Au- dren. The message of avoiding smoking is de- gust of 1976, the inevitable happened, he fol- of conservative principles and the Republican livered to the younger children through puppet party. At one function, I remember how proud lowed in the lineage of his grandfather, the characters they enjoy and is positively rein- late Reverend David A. Figueroa, Sr., Pastor John was to show me a bull-moose hand- forced through the older kids, who they look kerchief that had been given to his grandfather of the Mount Zion Pentecostal Faith Church up to and who serve as powerful role models. and his father, Reverend Ronald Figueroa, As- by Teddy Roosevelt. At other times, Ada As priceless as is the lesson being taught to would often thank me for helping her with the sistant Pastor of the New Life Tabernacle, the youngsters, though, perhaps the most ex- making him the third generation of preachers. opportunity to attend a presidential inaugural traordinary thing about this program is the im- ball. When I think back upon our fun times to- In 1978 he was ordained as an Elder by pact it has had on the high school studentsÐ Bishop Carl E. Williams, Pastor of the Institu- gether, I realize that I am the thankful one, for both those participating in the program as well having John and Ada as friends. tional Church of God in Christ International. as their peers. Participation in the program is The Reverend's unique and inclusionary selective and competitive. The students must f character and ministry forged interdenomina- maintain good grades and promise not to tional relationships that transcended traditional drink, smoke, or be involved with any drugs. COMMEMORATING THE 100TH ANNI- religious barriers, walls and spiritual stereo- Since the program started, the students asso- VERSARY OF THE NATIONAL types in an effort to advance the Kingdom of ciated with it have become so popular by set- COMMUNITY PHARMACISTS AS- God. His skillful presentation of the Gospel ting an example of a healthy, athletic, positive SOCIATION and his sense of civil and community duty has lifestyle, that other students have actually quit brought him to the attention and demand of smoking to be able to join. Parents praise the many distinguished religious and political orga- program and call to find out how their children HON. MARION BERRY nizations who have benefited from his exper- can participate. Their brightly colored, easily OF ARKANSAS tise. recognized T-shirts are proudly-worn status IN THE HOUSE OF REPRESENTATIVES In January 1998, the Presiding Prelate, his symbols. They work well with their teachers Eminence, Bishop Carl E. Williams Sr. and the and are well-known within their community. Tuesday, October 20, 1998 Board of Bishops of the Church of God in Some students who have graduated even Christ International, officially proclaimed Rev- Mr. BERRY. Mr. Speaker, I rise today to come back to spend time helping out with the recognize the National Community Phar- erend Dr. Eric R. Figueroa Sr. as Bishop-Des- program. ignate in the Lord's Church. macists Association (NCPA) on its 100th anni- At a time when young people are so often versary this month and to commend the orga- After several years of fruitful Evangelistic noticed only when they do something wrong, Ministry, Dr. Figueroa organized and founded nization for the work they do on behalf of inde- I am very proud to be able to share with you pendent pharmacies across the country. The the New Life Crusade Ministry in 1981. As this the story of these terrific teenagers and the phase of ministry developed it was evident NCPA represents the pharmacist owners, wonderful gift they are giving to their class- managers, and employees of nearly 30,000 that God had higher heights destined for the mates, their community, and to themselves. ministry. In 1983 God gave Rev. Figueroa a independent community pharmacies. Inde- They are demonstrating what cool really isÐ pendent pharmacistsÐmore than 75,000 na- vision for a church called New Life Taber- being a leader, a good student, and living a nacle. On August 21, 1983 New Life Taber- tionwideÐdispense the majority of the nation's healthy lifestyle. retail prescription drugs. nacle was founded with seven members dedi- f cated unto the Lord. Over the past 15 years Independent pharmacists have a tremen- New Life Tabernacle has grown in numbers, TRIBUTE TO ADA HESS dous responsibility that is of increasing impor- exceeding a membership of 400. tance. Patients continue to rely more and Mr. Speaker, I ask you and my colleagues HON. DUNCAN HUNTER more on their community pharmacist for good from both sides of the aisle to join me in salut- advice on which medication will help them. OF CALIFORNIA ing Reverend Doctor Eric R. Figueroa, Sr. With many patients visiting the pharmacy Bishop-Designate. IN THE HOUSE OF REPRESENTATIVES more often than their doctor, community phar- f Tuesday, October 20, 1998 macists continue to use their knowledge when Mr. HUNTER. Mr. Speaker, today I rise to telling consumers the pros and cons to these TRIBUTE TO STUDENTS OF products. Ninety-eight percent of our commu- ELDERTON HIGH SCHOOL say goodbye to a dear friend, Ada Hess of El Centro, California. Ada passed away this past nity pharmacists make recommendations on summer and I would like to take a moment to over-the-counter drugs and general health HON. JOHN P. MURTHA recognize the friendship given to me by such care issues. Their expertise is imperative to OF PENNSYLVANIA a good and beautiful person. the health of millions of people across this IN THE HOUSE OF REPRESENTATIVES Ada was born in Buffalo Gap, Texas and country and I commend them for a job well Tuesday, October 20, 1998 after marrying John Hess in 1968, she moved done. Mr. MURTHA. Mr. Speaker, I would like to to El Centro where she worked as the sec- Community pharmacists are truly working take this opportunity to share with you and my retary/treasurer for their various geological for the well-being of patients across the coun- colleagues a very uplifting story about an ex- businesses. With a lot of hard work and dedi- try and I am proud to work with them. The Na- traordinary group of young people in Elderton, cation, their businesses grew abroad and Ada tional Community Pharmacists continue to Pennsylvania. and John soon became world travelers. Fol- play a role in the lives of millions of Americans Two years ago, under the guidance of some lowing John's death in 1987, Ada continued and I congratulate them on their 100th anni- very enthusiastic and involved high school running these businesses as the sole propri- versary. CONGRESSIONAL RECORD — Extensions of Remarks E2253 NEW REPORT EXPOSES GOVERN- a repressive country. The sanctions we placed Force Base, Retired Army Air Corps World MENT’S SYSTEMATIC HUMAN- on India this spring must be maintained and War II veteran Tech. Sgt. Joseph Lajzer was RIGHTS VIOLATIONS IN PUNJAB we should also cut off its U.S. aid. It is now awarded the Purple Heart and POW medals apparent that only when the people of Punjab, for injuries sustained more than 56 years ago HON. EDOLPHUS TOWNS Khalistan and the other captive nations of the in the jungles of the Philippines. OF NEW YORK Indian subcontinent are allowed to claim their Joseph Lajzer volunteered for the Army in IN THE HOUSE OF REPRESENTATIVES sovereignty will their people live in freedom, 1941 at the age of twenty. He was trained as peace, prosperity, and stability. The United a tanker and his unit, B Company of the 192d Tuesday, October 20, 1998 States Congress can help make that happen Tank Battalion, was sent to Clark Field in the Mr. TOWNS. Mr. Speaker, on October 1, by declaring our support for free and fair plebi- Philippines. Not long after the attack on Pearl Ram Narayan Kumar, the producer of the ex- scites on independence in Punjab, Khalistan Harbor, the Japanese attacked and landed in cellent video ``Disappearances in Punjab'', and and in Kashmir. By these means we can help the Philippines. After many days of intense Cynthia Mahmood, a professor at the Univer- end these abuses and bring freedom to all the fighting and desperately short of medical sup- sity of Maine who has studied issues in Pun- people of South Asia. plies, food, and ammunition, Mr. Lajzer's unit jab, issued a detailed reported entitled ``Dis- I thank Dr. Gurmit Singh Aulakh, President was captured on April 8, 1942. The following appearances in Punjab and the Impunity of of the Council of Khalistan, for bringing this re- day the tragic Battan Death March began. the Indian State.'' It exposes the brutal tyranny port to my attention and his continued effort to The horrors of the six day march defy any that has been imposed on the Sikhs of Pun- free his nation from the repression of the In- description. Nearly 650 American soldiers jab, Khalistan by ``the world's largest democ- dian government. along with thousands of Filipino soldiers died racy.'' f during the march. For the next three and one The report exposes India's ``war without half years, Lajzer endured unspeakable pes- quarter'' against the Sikh Nation that has re- HONORING CLAUDE GANAYE tilence, starvation, and brutality while in cap- sulted in the extrajudicial murders of over tivity. Joseph Lajzer was finally liberated on 250,000 Sikhs since 1984. The authors de- HON. LYNN C. WOOLSEY September 6, 1945, but had to endure addi- scribe this ``war without quarter'' as a ``dirty OF CALIFORNIA tional months in military hospitals recovering water.'' The authors note that ``the law in Pun- IN THE HOUSE OF REPRESENTATIVES from injuries inflicted by his Japanese captors. jab accommodated to, buttressed, and Tuesday, October 20, 1998 Tech. Sgt. Lajzer's services to our nation furthered the pattern of atrocities against Sikh didn't end after his release. He went on to citizens that had evolved against Sikh citizens. Ms. WOOLSEY. Mr. Speaker, I rise today to serve for a total of 25 years, retiring from the Minimal human rights were being abrogated in pay tribute to World War II hero Claude United States Air Force in 1966. In spite of his `the world's largest democracy.' '' Ganaye, who in September 1944, was a 16- extraordinary service in uniform, Lajzer was These abuses were carried out through year-old French national whose actions saved never formally recognized. He waited patiently mechanisms like the so-called ``Terrorist and the lives of United States combat troops of the for more than twenty years while administra- Disruptive Activities Act'' (TADA), which per- 29th Infantry Division. Veterans of that division tive and other delays prevented the award of mitted virtually unlimited detention of anyone gratefully recall his bravery. the Purple Heart and the POW medals to this without charge or trial. Even though this re- Even though Claude Ganaye and his family deserving American. Finally, on September pressive law expired in March 1995, thou- had been driven from their home in Brest, 18, 1998, our nation recognized and honored sands of people continue to be held under it. France, by Nazi troops, young Claude had the Tech. Sgt. Lajzer. The report contains extensive discussion of presence of mind to note the location of Ger- A SOLDIER BY AN UNKNOWN AUTHOR AT the case of Jaswant Singh Khalra, who was man mines, snipers and gun emplacements. BATAAN/CORREGIDOR kidnapped and murdered by the police after Claude Ganaye found a French-speaking GI, he exposed the Indian government's brutal A soldier is a nobody, we hear lots of people Philip Roy of Company L, 116th Infantry to say. He is the outcast of the world and masscremation policy in Punjab. After his re- whom he provided his detailed intelligence. always in the way. port, the Tarn Taran police chief, Ajit Sandhu, Acting on this information, the 29th Infantry Di- We admit there are bad ones from the Army told Mr. Khalra, ``We can make one more body vision was able to avoid casualties while tak- to the Marines, but the majority you disappear.'' It appears that this promise has ing enemy positions and capturing 40 pris- will find, the most worthy ever seen. been kept. Now the police have filed false oners. Most people condemn the soldier when he charges against Jaspal Singh Dhillon, who as- Twenty years ago, Mr. Ganaye moved to stops to take a drink or two, but does sisted and continued Mr. Khalra's work. The California where he became a naturalized citi- a soldier condemn you, when you stop Indian Supreme Court described this policy as to take a few. zen of the country whose troops he guided Now don’t scorn the soldier but clasp him by ``worse than a genocide.'' It said that there from harm's way. Mr. Ganaye resides with his the hand, for the uniform he wears have been ``flagrant violation of human rights family in the 6th Congressional District whose means protection to our land. on a mass scale.'' citizens thank him for the courage and The government picks its soldier from the The report also demonstrates the weakness composure he, as a teenager, demonstrated million far and wide, so please place of India's National Human Rights Commission, in the mind-numbing conditions that marked him as your equal good buddies side by which cannot investigate abuses by the secu- the heroic allied invasion of France. It is fitting side. rity forces and cannot investigate cases over too, as we honor our veterans, to join them in When a soldier goes to battle you cheer him a year old. The Commission is essentially im- on the way, you say he is a hero when acknowledging Claude Ganaye's contribution in the ground he lay. potent. to his adopted nation. Mr. Speaker, I ask my But the hardest battle of the soldier is in the As a result of these abuses, 18 human- colleagues to join me in extending our heart- time of peace, when all mock and scorn rights organizations and 13 individuals who felt gratitude to Mr. Claude Ganaye. him and treat him like a beast. have been active in human-rights work formed f With these few lines we close sir, we hope we the Coordination Committee on Disappear- don’t offend but when you meet a sol- ances in Panjab, which then appointed the PURPLE HEART AND POW MEDALS dier just treat him like a friend. Peoples Commission on Human Rights Viola- FOR JOSEPH LAJZER f tions in Punjab. This commission has issued 90 citations and taken over 3,000 more cases. HON. CIRO D. RODRIGUEZ TRIBUTE TO BONNIE KIBBEE The government has taken action to close OF TEXAS down the commission and tried to prevent its IN THE HOUSE OF REPRESENTATIVES HON. DUNCAN HUNTER first meeting from taking place. The report Tuesday, October 20, 1998 OF CALIFORNIA shows that the government has worked to si- IN THE HOUSE OF REPRESENTATIVES lence human-rights groups through intimida- Mr. RODRIGUEZ. Mr. Speaker, on Septem- tion and violence. ber 18, 1998, National Prisoner of War/Miss- Tuesday, October 20, 1998 Mr. Speaker, these events occurred in only ing In Action Recognition Day, our nation fi- Mr. HUNTER. Mr. Speaker, today I rise to one of India's 25 states. There are currently nally honored one of the few remaining heroes recognize the outstanding life of a friend from 17 freedom movements within India's borders. and survivors of the Bataan Death March. my hometown, Bonnie Kibbee of Alpine, Cali- The United States is a bastion of freedom in During the graduation of new air men and fornia. Bonnie passed away last month and I the world. We should not be supporting such women from basic training at Lackland Air would like to take a moment to commend the E2254 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 1998 dedication this exceptional person had for her I urge my colleagues to support this legisla- half of community residents who have special community. tion. needs like her own daughter, Jacqueline, and Born in New Hampshire, Bonnie came to f continue to meet daily challenges for inde- San Diego with her family when she was a lit- pendence and dignity throughout their lives. It tle girl. She was a small business owner, a ARKANSAS AMVET OF THE YEAR, is in Jacqueline's memory that the Institute for real estate agent, a backcountry activist and WINSTON MCGINNIS Community Living's Emerson/Davis Family an avid gardener whose own home garden Development Center was dedicated. Katie has became a popular fixture in the Alpine com- HON. MARION BERRY also been an advocate for children's education munity. The Kibbee's, whose garden included OF ARKANSAS and for the improvement of housing for sen- various assortments of irises and day lilies, IN THE HOUSE OF REPRESENTATIVES iors and young low-income families. would set aside a day each spring to allow the Katie is an active member of the Board of public to come and visit. Tuesday, October 20, 1998 Directors of the Vanguard Urban Improvement Upset upon learning that the Internal Reve- Mr. BERRY. Mr. Speaker, I rise today to Association, which sponsors, the development nue Service was intending to confiscate the honor a man who has dedicated his time to and renovation of affordable housing for low- savings account of a child to pay off a parent's working for Arkansas' veterans. For this rea- income families in Central Brooklyn. She is debt, Bonnie quickly established herself as a son, the AMVETS has awarded this great vet- also chairperson of Medgar Evers College government watchdog and community patriot eran, Winston ``Mac'' McGinnis who lives in Community Council, where she works to im- by protecting and standing up for the rights of my District in Melbourne Arkansas, the pres- prove the college's ability to connect with the private property owners. Through her positions tigious AMVET of the Year Award. community, and to enhance the academic sta- on the Alpine Community Planning Group, The AMVET of the Year Award was given to tus of this educational institution. One of Paul Gann's Citizen's Committee, the Christ- Mac for the many hours of volunteer work for Katie's greatest accomplishments, however, mas Calling Committee and as President of all veterans and their families since his retire- was her election by the grassroots community California Taxpayers Network, Inc., Bonnie ment from the U.S. Air Force in 1966. After an as a delegate to the 1984 Democratic Con- dedicated herself towards community improve- injury in Guam while serving in the Air Force, vention. Her election by the community was ment, reducing crime and promoting law en- that resulted in a spinal cord injury, Mac was viewed as an acknowledgement of her tireless forcement. Among her initiatives included rais- retired with 20 years of service. Since that efforts in providing voter education , ing funds for the Alpine Community Center, time he has worked with other veterans and and organizing and directing voter registration finding a new home for the Alpine Chamber of has volunteered in four different Veterans and participation campaigns. As an active Commerce, assisting congressional efforts to Hospitals. He has received a 100,000 mile member of the Antioch Baptist Church she oppose overzealous federal acquisition of pri- award from the VA for the miles he has driven has served on its Board of Trustees. Katie vate property and working to ensure that doing volunteer work and transporting veter- currently resides in Brooklyn with her hus- human beings were provided the same protec- ans to and from VA hospitals. band, Hervin, and her daughter, Charlene. tions afforded to birds, fish and insects. Mac is the Executive Director of the Mr. Speaker, please join me in honoring In a time when apathy is often chosen over AMVETS Department of Arkansas, Com- Katie Davis for her invaluable contributions to public involvement, Bonnie Kibbee exhibited mander of Post #1 in Melbourne VAVS Rep- the Institute for Community Living and the the true character of grassroots activism. As a resentative at the Little Rock Medical Centers Brooklyn community. Member of Congress, it is encouraging to see and National Executive Committeeman for Ar- f a private citizen who takes notice of what is kansas AMVETS. The Silver Helmet Award TRIBUTE TO JOE KENNEDY taking place around them and works to has over the past 40 years acquired a well-de- change their community for the better. Thank served reputation as the most prestigious of you Bonnie for all your hard work. You were HON. JACK KINGSTON all the awards given by veterans organiza- OF GEORGIA a natural leader, a great American and will be tions. I congratulate Mac for his award and his IN THE HOUSE OF REPRESENTATIVES truly missed. years of service working with the veterans in f Arkansas. Mac, thanks for a job well done. I Tuesday, October 20, 1998 wish you well. Mr. KINGSTON. Mr. Speaker, Evans Coun- OREGON PUBLIC LANDS TRANS- f ty, Georgia certainly has its share of outstand- FER AND PROTECTION ACT OF ing citizens. 1998 HONORING KATIE DAVIS Perhaps because in Evans County people

SPEECH OF still take very seriously things like God, patriot- HON. EDOLPHUS TOWNS ism, and civic responsibilities. HON. DARLENE HOOLEY OF NEW YORK And so, among so many outstanding citi- OF OREGON zens, it gives me particular pleasure to pay IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES tribute today to one of Evans County's own Monday, October 12, 1998 Tuesday, October 20, 1998 who never failed to live up to those stand- Mr. TOWNS. Mr. Speaker, I rise today to ardsÐJoe Kennedy, loving father, devoted Ms. HOOLEY of Oregon. Mr. Speaker, I rise husband, political leader, and outstanding today in strong support of H.R. 4326 because honor Katie Davis for her dedicated service to the Brooklyn community and to congratulate Georgian. I think that this is a noncontroversial package Born and raised in Claxton, Joe spent his that will help address ongoing resources her as a recent recipient of an Institute for Community Living award. whole life dedicated to serving his fellow citi- needs in Oregon ranging from wastewater zens in public life. treatment to land transfers. Katie Davis, a graduate of Hunter College and Columbia University's Public Health Ad- He was the kind of elected official people al- I am particularly pleased that this package ways felt was working for them, for Joe was includes a measure to authorize the Willow ministration School, and a successful adminis- trator at Kingsborough Psychiatric Center has a guy who, over a period of 40 years in public Lake Natural Treatment System project which life, always seemed to be truly happy to help made and continues to make a difference in will reduce wintertime sewer system overflows people in any way he could. the lives of young African Americans and His- to the Willamette River in Salem and local He seemed happy to help because he was. creeks. panics. Katie's involvement with youngsters in He enjoyed serving people, and he was so This initiative will also provide a source of ir- various aspects of their lives through a contin- very proud of his participation in a profession rigation water for the farming community and uous process of mentoring, engagement in that he believed to be a noble. one. improve the river habitat for fish. positive activities and community programs If Joe were alive today, he would surely be Mr. Speaker, this is just one of the win-win aimed at giving them hope for their future, has astonished that some people are even asking initiatives in this important package. helped to mold their actions and to lead more the question of whether character matters. This package also includes a common productive lives. Many of these young adults What an absurd question, and he could not sense land transfer arrangement between O & have gone on to successfully occupy various conceive of why anyone might even suggest C counties and the BLM, a land exchange be- positions, further their studies and give back to that a man's integrity was not the most impor- tween the BLM and the U.S. Fish and Wildlife their communities by helping others. tant consideration of all. Service at Hart Mountain in eastern Oregon, in Katie has made a tangible difference in the A veteran of the U.S. Army, Joe served with addition to other measures that have wide- lives of countless young adults as well as in distinction in the Korean war and received nu- spread support. her own. She has worked incessantly on be- merous decorations for his service, including CONGRESSIONAL RECORD — Extensions of Remarks E2255 the Bronze Star, the Korean Service Medal, last days he did what he loved most: talking enough to know Wes will forever be grateful and the United Nations Medal with two battle to people about public policy issues and find- for that opportunity. Imperial County and the stars in the Korean war. ing out how best to solve the political prob- farmers there are better off today because of After being honorably discharged in June lems that confront us all. his dedication and commitment to his commu- 1953, with the rank of captain, he returned to He brought that enthusiasm to his last posi- nity: for that, all of us are grateful. his native Georgia and began to build a life for tion in government as a member of the Geor- f himself and his family. gia Board of Regents. In 1996, Joe was elected to the Georgia How fitting it was to learn that on the day S. 505 VIOLATES U.S. INTER- Legislature, serving District 4 in southeast that God had decided was his time, Joe was NATIONAL TREATY OBLIGATIONS Georgia. speaking to the downtown Rotary Club of He went on to represent that district for a Statesboro. HON. JOHN S. TANNER total of 24 years, 24 years in a position where He was doing what he loved right to the OF TENNESSEE he set the standard for being responsive to his end. IN THE HOUSE OF REPRESENTATIVES constituents. He will be dearly, dearly missed. Although fiercely proud of being a Demo- God bless you, Joe Kennedy. To his beau- Tuesday, October 20, 1998 crat, and proud of his conservative credentials, tiful wife Lalah, children Debra, Cliff, and Mr. TANNER. Mr. Speaker, recently, the Joe was not a partisan. Adam, to all of his in-laws, grandchildren, and House passed S. 505, the Copy- His loyalty was to a better Georgia for all relatives, thank you for sharing him with us. right Term Extension Act. Provisions were in- citizens. f cluded in this legislation relating to fairness in This came before party or politics. music licensing. Some have expressed con- He loved nothing more than finding a way to TRIBUTE TO WESLEY E. BISGAARD cerns over these provisions. achieve his goals while obscuring the source The Congress has been advised by the of the credit. HON. DUNCAN HUNTER Secretary of Commerce that the fairness in But we must give credit where credit is due, OF CALIFORNIA music licensing reform legislation violates U.S. and the state of Georgia is marked in many IN THE HOUSE OF REPRESENTATIVES international treaty obligations. The United ways by his legacy of accomplishments. Tuesday, October 20, 1998 States Trade Representative, the Register of The highway running through Claxton to Copyrights, and the Assistant Secretary of Interstate 16, a section of which now bears his Mr. HUNTER. Mr. Speaker, on August 6th Commerce and Commissioner of Patents and name, was expanded to four lanes as a result of this year the State of California and specifi- Trademarks have all joined with the Secretary of his efforts. cally the communities of Imperial County with- of Commerce in voicing concerns over these Joe was behind the construction of the in my district suffered a great loss with the provisions. They believe that the exemptions Claxton Regional Youth Development Center, death of Mr. Wesley E. Bisgaard. Throughout included in Section 202 of Title II would ``vio- an activity employing 30 people. his life, Wes was dedicated to his family, late our obligations under the Berne Conven- The determined perseverance of Joe Ken- church and community. I rise today to recog- tion for the Protection of Literary and Artistic nedy was also behind the Southeast Deten- nize his remarkable dedication and contribu- Works.'' As a consequence, it could result in tion/Probation Center, the Ogeechee Tech- tions to all of us. the WTO finding that United States has vio- nical Institute, and the Claxton Seniors Citi- I met Wes in 1979 during my first campaign lated its multilateral treaty obligations. Ade- zens ParkÐinstitutions which provide a serv- for Congress when he was serving as the Re- quate attention was not given to these con- ice to Georgians and which employ hundreds publican Party chair for Imperial County. I still cerns. of our citizens. remember the look in his eye when he first f And Georgia Southern University obtained shook my hand, it was as if to say ``this is its university status in great part as a result of what I have to work with?'' From that day for- WORLD POPULATION AWARENESS Joe's persistent efforts to improve the higher ward, he was always ready to lend me a hand WEEK 1998 education opportunities that would be avail- and offer advice that he gleaned from years of able to southeastern Georgia students. working through the various systems of gov- HON. ALBERT RUSSELL WYNN ernment, whether it was the State of California The list of his accomplishments is long, and OF MARYLAND or the U.S. Congress. One thing about Wes, they are, indeed, the visible reminders of his IN THE HOUSE OF REPRESENTATIVES legacy. he never left you wondering what his opinion But to the people who knew him, and who was. Tuesday, October 20, 1998 loved him, those are not the things that will Wes led a remarkable life that reads like a Mr. WYNN. Mr. Speaker, I rise today to call bring a wistful smile to our faces when we re- John Steinbeck novel. After the dust bowl the World Population Awareness Week 1998 to call his memory. Bisgaard family moved from their farm in the attention of my colleagues. October 24±31 As a young man, Joe soon earned a reputa- North Dakota to California where they eventu- marks the annual celebration of World Popu- tion for being a man of his word. ally began a new life in Holtville, California, lation Awareness Week. More than 300 family As he rose in power and influence, that where they remain today. During World War II, planning, environmental, educational, commu- never changed. while Wes worked for Douglas Aircraft, he met nity and service organizations in 61 countries To Joe, honesty was simply the way to do and married Mildred ``Millie'' Eppleman. In are co-sponsoring the week in an effort to business, and he would never sacrifice the 1952, Wes and Millie, along with their two chil- raise awareness of the need for universal vol- trust he had earned for some short-term ad- dren, Karen and Christopher, moved to Impe- untary family planning. vantage. rial Valley to join his brother and once again I call the Governor of Maryland's, the Hon- Joe did not win every election he entered, take up his first love: farming. The Bisgaard orable Paris Glendening, proclamation to the but he did win the hearts of the people who Brothers farmed 1,000 acres of alfalfa, lettuce, attention of my colleagues. knew him best, and his performance during cotton, sugar beets, barley, cabbage, and later WORLD POPULATION AWARENESS WEEK wheat for seed. his race for lieutenant governor validated the PROCLAMATION—1998 high opinion we had of him. Agriculture is the mainstay of not only Impe- Whereas world population stands today at Slick out-of-state consultants with briefcases rial Valley, but California as well and Wes more than 5.9 billion and increase by more full of dirty tricks never worked for Joe Ken- played a very active role through his member- than 80 million per year, with virtually all of nedy. ships on many local and state farming advi- this growth in the least developed countries; He was straightforward to supporters and sory boards and commissions. In fact, when Whereas the consequences of rapid popu- opponents. he finally retired at the age of 79 he was the lation growth are not limited to the develop- After the polls closed, Joe accepted the de- Manager of the Imperial County Farm Bureau, ing world but extend to all nations and to all cision of the voters with the same quiet dignity completing a 45 year career in the industry. people, including every citizen of the State that has been characteristic of his rich, ex- Wes and his wife Millie lived their lives with of Maryland concerned for human dignity, freedom and democracy, as well as for the traordinary life. a strong work ethic, unimpeachable ethical impact on the global economy; He still had his integrity and he still had a standards, a central place for God in their Whereas 1.3 billion people—more than the passion to serve his fellow Georgians. lives, an abiding sense of charity towards oth- combined population of Europe and North Joe went on to occupy other high positions ers and a compelling degree of commitment to Africa—live in absolute poverty on the in the Georgia State government, and to his the wider community. Those of us lucky equivalent of one U.S. dollar or less a day; E2256 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 1998 Whereas 1.5 billion people—nearly one- inquiry that could drag on and on for the next For 15 of those 34 years in government quarter of the world population—lack an two years. service, Charlie served as the director of adequate supply of clean drinking water and The Republican proposal does not set any FLETC, located in Glynn County, Georgia. sanitation; deadlines at all. If it were to pass, we could be I think all my colleagues would agree, even Whereas more than 840 million people— one-fifth of the entire population of the de- debating this issue into the next millennium. those who, like me, are proud champions of veloping world—are hungry or malnourished; One way or another I feel that we have to limited governmentÐI think everyone would Whereas demographic studies and surveys move forward with the impeachment process agree that Charlie's job is a critically important indicate that at least 120 million married in a timely manner. In order to do that, I be- one, and one that benefits the public to a de- women in the developing world—and a large lieve that it is crucial that we insist this inquiry gree that few realize. but undefined number of unmarried women— be deliberate and focused. In fact, law enforcement is one of the few want more control over their fertility but The inquiry should also be limited to what things that all citizens expect and demand of lack access to family planning; the Starr report focuses on. Unfortunately, the their government. Whereas this unmet demand for family In fact, it is the ultimate bipartisan public planning is projected to result in 1.2 billion Republican proposal is not limited in any fash- unintended births; ion. According to the structure of the inquiry serviceÐall citizens have the right to equality Whereas the 1994 International Conference as outlined by the Republicans in the Judiciary before the law, equal justice, and the rights to on Population and Development determined Committee, it may include a re-investigation of due process accorded by our Constitution. that political commitment and appropriate Travelgate, Filegate, and campaign finance Law enforcement is the bedrock of a civ- programs aimed at providing universal ac- even though we have already spent four years ilized society; it is what distinguishes society cess to voluntary family planning informa- and $40 million investigating these matters. which are governed by the rule of law and tion, education and services can ensure I voted for a motion that was forwarded by those which are governed by the whims and world population stabilization at 8 billion or RICK BOUCHER to modify the Republican pro- caprices of tyrannical leaders or petty bureau- less rather than 12 billion or more. crats. Now, therefore, I Paris Glendening, Gov- posal. Mr. BOUCHER's motion would allow the ernor of the State of Maryland, do hereby House to proceed with an impeachment in- Some societiesÐin fact, most societies do proclaim the week of October 25–31, 1998 as quiry that focuses on the material that Mr. not trust their law enforcement agencies, for World Population Awareness Week, and urge Starr referred to the Congress and his pro- corruption is a way of life. citizens of the State to take cognizance of posal would require Congress to complete this Americans expect more. this event and to participate appropriately inquiry by the end of the year unless there Americans expect their police force, their in this observance. were compelling reasons to continue it. This is court system, and the Federal law enforce- f the sort of common-sense, fair-minded inquiry ment officers to be honest and to serve the that I believe will bring this issue to a timely public whose rights they are sworn to uphold. HONORING STEVEN H. KRONETHAL and appropriate conclusion. And for the most part, they can count on the The sooner we resolve this issue the sooner people who make our system of justice work. But to make our system of justice work, you HON. EDOLPHUS TOWNS we can begin to deal with issues that make a need to have people like Charlie Rinkevich OF NEW YORK difference in America's everyday lives. I hope make it work. that soon we will move toward bringing the IN THE HOUSE OF REPRESENTATIVES Justice does not come from a piece of Lewinsky matter to an appropriate close so Tuesday, October 20, 1998 paper. that we can begin to re-focus our energies on Mr. TOWNS. Mr. Speaker, I rise today to If it did, the Soviet Union would have been issues like saving Social Security, cracking a paragon of justice. honor Steven H. Kronethal for his dedicated down on gang violence, and providing tax re- service to the Brooklyn community and to con- Justice does not come from a sacred docu- lief for middle class families. ment, even one as wise and far-sighted as our gratulate him as a recipient of an Institute for f Community Living award. Constitution. Steven H. Kronethal joined Integrated Plan- HONORING CHARLES RINKEVICH, If it did, Communist China would be a work- ning Associates, Inc. as Vice President in DIRECTOR OF FLETC, GLYNCO, er's paradise where everyone's rights and 1991. Since 1995, Integrated Planning has GA, RETIRED ON MARCH 14, 1998 freedoms were respected. No, justice comes from honest people who been designing and implementing a variety of AFTER 34 YEARS OF GOVERN- take part in a system they truly believe in, a Employee Benefit programs for both the profit MENT SERVICE system that, while never perfect, is the best and non-profit communities. By working with one can hope for in an imperfect world. the non-profit community, Integrated Planning HON. JACK KINGSTON Justice comes from honest people who has been able to help their clients provide OF GEORGIA teach honesty to others, who lead by example, comprehensive and cost effective benefits for IN THE HOUSE OF REPRESENTATIVES and who care deeply about a country they are their employees. Specializing in both health in- Tuesday, October 20, 1998 so, so proud to live in. surance and pension plans, Integrated Justice comes from the work of honest peo- Planning's goal is to help employers attract Mr. KINGSTON. Mr. Speaker, today Con- ple like Charlie Rinkevich. and keep the best employees available. gress will pass a number of appropriations The list of Charlie's Rinkevich's accomplish- Steven is a graduate of Boston University's bills. ments is long and impressive. School of Management with a degree in fi- While there are many important agencies But no professional achievementÐno nance. He also holds many industry awards funded by the legislation involved in these award, and no honorÐcan ever replace or and recognition. Steven and his wife, Andrea, bills, one that all Members of Congress and compare with honesty and integrity. just welcomed their first-born child, Brandon, people in south Georgia can take particular Without honesty and integrity, professional in September. pride in is the Federal Law Enforcement Train- achievements are meaningless and ultimately, Mr. Speaker, please join me in honoring ing Center (FLETC). unfulfilling. Steven Kronethal for his invaluable contribu- This, of course, is that important agency Without honesty and integrity, no one's ca- tions to the Institute for Community Living and which trains our heroic Capitol police force. reer, even one that lands you on the very top, the Brooklyn community. I have the honor of representing FLETC, is worth much. f and had the pleasure of learning much about Without honesty and integrity, you will never it through former director Charlie R. Rinkevich. be a role model to your kids, your family, and IMPEACHMENT INQUIRY Today it is a special treat to recognize Char- your community. lie, who retired last March after 34 years of Charlie Rinkevich IS a role model, not only HON. DARLENE HOOLEY public service. for his life of professional achievements and OF OREGON Thirty-four years of the kind of distinguished accolades, but for his character as well. IN THE HOUSE OF REPRESENTATIVES service that will be missed by the people he Character is developed by toil, sacrifice, and served, the people he worked with, and the struggle. Tuesday, October 20, 1998 people whose lives he touched in so many Hard-won, it is easily tarnished or de- Ms. HOOLEY of Oregon. Mr. Speaker, ways. stroyed. Charlie teaches the value of character based on the evidence, I believe that we Although the expression ``dedicated public in the law enforcement officials he trains. should proceed with an impeachment inquiry servant'' is used all the time, there is simply It is the kind of thing that is often taught by that has a clear time line, not an open ended no other way to describe Charlie Rinkevich. people who take pride in their work, especially CONGRESSIONAL RECORD — Extensions of Remarks E2257 teachers, coaches, and members of the cler- search and the pursuance of peace is a reflec- national understanding in this country and gy. tion of the decency and moral fiber of a truly abroad. From his start as a police patrolman in remarkable human being. Over the past several years, Dr. Johnson Michigan 34 years ago to his tour as director As the recipient of the AJC's Humanitarian has organized six trips to South Africa on of FLETC, Charlie took pride in his work urged Award, Dr. Vasella joins some of the most out- which his students, other educators and mem- others to view public service with this work standing men and women of the latter half of bers of our community have had the oppor- ethic. the twentieth century. The American Jewish tunity to learn first-hand about this important The serious business of law enforcement Congress (AJC), which for the past eighty nation and to exchange ideas and information thrives when people have this kind of attitude years has led the Jewish community in fighting with its people. toward their job. for human rights and against all forms of dis- But Dr. Johnson has not been content with It gradually sinks into incompetence and dis- crimination, has bestowed its Humanitarian learning about South Africa. He wants to forge interested malaise when they don't. Award upon statesman and pioneers who closer ties between our nations. He also wants A positive attitude and a strong work ethic have fought tirelessly to improve the quality of to make a positive impact on the lives of go hand in hand, and law enforcement officials life of all the world's citizens. From Harry S. South Africa's young people, and he is not everywhere immediately recognize what will Truman to Coretta Scott King, from David content to wait for the governments of our two happen to effectiveness when attitudes slip Ben-Gurion to Robert F. Kennedy, the roster nations to do the job. and the work ethic slides. of recipients represents a Who's Who of the For the past 4 years, Dr. Johnson has col- That's why Treasury Secretary George champions of humankind. lected and shipped hundreds of pounds of Schultz appointed Charlie to his position as Mr. Speaker, Dr. Vasella's achievements school supplies to poor schools in South Afri- head of FLETC in 1983. more than merit this distinguished honor. ca, as well as Haiti, Jamaica, Trinidad, and FLETC is the largest law enforcement train- Under his inspired leadership, Novartis has the Dominican Republic. Each year, Miami- ing organization in the United States. emerged at the forefront of the pharmaceutical Dade school children donate notebooks, con- Formed in 1970, FLETC's mission is to pro- industry in the area of ``genomics,'' which in- struction paper, textbooks, crayons, scissors, vide the highest quality of training at the low- volves research into ``disease genes'' as tar- glue, chalk, and pencils. Dr. Johnson distrib- est possible cost. gets for new drugs. Related ventures have utes these items on his visits to South Africa Seventy Federal law enforcement agencies contributed to medical advances in a wide va- and ships themÐoften at his own expenseÐ in all levels of government now participate in riety of vital areas, ranging from the treatment to school children in other countries as well. consolidated training at FLETC, training which of Alzheimer's disease to Parkinson's disease Many children in these countries have never includes the international arena. to diabetes to cancer. In honor of Dr. Vasella's seen these kinds of school supplies, which we Last year, over 23,000 students graduated notable dedication to curing such afflictions, take for granted in this country. As Dr. John- from basic, specialized, and management the AJC will use the proceeds of the 1998 Hu- son said in a recent interview, ``Ten years level training programs. manitarian Award Dinner (to be held on Thurs- from now those kids will say the supplies Quite simply, the quality of the training con- day, October 22, at The Waldorf-Astoria in made the difference. That's the reward.'' ducted at FLETC has a direct impact on the New York City) to further its significant work Mr. Speaker, I think the real difference is Dr. American people's attitude toward govern- into the high genetic susceptibility of Ash- Morris Johnson, a man of humanitarian vision, ment. kenazi Jewish women to breast and ovarian energy, and commitment. I know that the en- We live in a time during which the public cancer, as well as for other medical projects tire House joins me in honoring Dr. Johnson trust has been eroded. involving the health and welfare of women. for the efforts he has made to make this world Without a system of justice that is widely In addition to his medical successes and his a nicer place in which to live. perceived as fair, honest, and free from cor- numerous philanthropic activities, Dr. Vasella ruption in the vast majority of cases, there can has contributed enormously to efforts to fur- f be no trust in government, and cynicism about ther the cause of peace in the Middle East. He HONORING MELVIN H. MARDEN our democratic system will undermine our faith is an active member of the International Board in America. of Governors of the Peres Center of Peace in On behalf of the citizens of the 1st District Israel, an organization founded last year by HON. EDOLPHUS TOWNS of Georgia, I would like to thank you, Charles former Prime Minister and Nobel Laureate OF NEW YORK Rinkevich, for undertaking the burden that po- Shimon Peres to further economic and other IN THE HOUSE OF REPRESENTATIVES sitions of public trust require. areas of cooperation between Israelis and Pal- Tuesday, October 20, 1998 I commend you for the long years of loyal estinians. Furthermore, Dr. Vasella and government service you have worked with Novartis have provided guidance and substan- Mr. TOWNS. Mr. Speaker, I rise today to such dedication and enthusiasm. tial financial backing to Seeds of Peace, a honor Melvin H. Marden for his dedicated I am very proud to have the opportunity to foundation that creates conflict resolution and service to the Brooklyn community and to con- recognize your achievements this day. peacemaking programs for youth in the Middle gratulate him as a recipient of an Institute for Thank you, and may others be inspired to East and other tumultuous regions around the Community Living award. follow your path in public service. world. Melvin H. Marden, a graduate of Adelphi f Mr. Speaker, I would like to ask my col- University and New York School of Interior leagues to join me in commending the AJC Design, started his first business in the retail TRIBUTE TO DR. DANIEL and its outstanding President, Jack Rosen, on and design industry. For VASELLA, RECIPIENT OF THE their exceptional choice of Dr. Daniel Vasella thirty years he gained a complete background 1998 AMERICAN JEWISH CON- as the recipient of the AJC's 1998 Humani- in all aspects of interior construction and de- GRESS HUMANITARIAN AWARD tarian Award. I can think of no individual more sign. During the time he operated a retail busi- deserving of this eminent honor. ness, Melvin also worked with non-profit agen- HON. TOM LANTOS f cies by furnishing the interior of many types of OF CALIFORNIA facilities. His primary focus was to establish a IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO DR. MORRIS JOHN- residential setting by using contract , SON, EDUCATOR TO THE WORLD fabrics, treatments, framed artworks, Tuesday, October 20, 1998 floorings, and many colors and textures suited Mr. LANTOS. Mr. Speaker, I would like to HON. CARRIE P. MEEK to the individual needs of each residence. ask my colleagues to join me in recognizing OF FLORIDA Melvin now works solely in the contract and the outstanding accomplishments of my friend IN THE HOUSE OF REPRESENTATIVES institutional field. His emphasis is in develop- Dr. Daniel Vasella, the recipient of the 1998 ing and constructing furniture, furnishings and American Jewish Congress Humanitarian Tuesday, October 20, 1998 environments to suit the needs of the various Award. Dr. Vasella is the President and Chief Mrs. MEEK of Florida. Mr. Speaker, I rise to types of populations who are supported and Executive Officer of Novartis AG, which is one honor Dr. Morris Johnson, a professor of his- housed by non-profit agencies. of the most prestigious pharmaceutical compa- tory at Miami-Dade Community College who Mr. Speaker, please join me in honoring nies in the world. He has a record of service has used his extensive knowledge of South Melvin H. Marden for his invaluable contribu- that extends well beyond the business sphere, Africa and the Caribbean to improve edu- tions to the Institute for Community Living and and his leadership in the areas of medical re- cational opportunities and promote inter- the Brooklyn community. E2258 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 1998 IN HONOR OF THE 188TH ANNIVER- leaving office with the city on the rebound. ing a helping hand to others, one rescue work- SARY OF THE PARK AVENUE Sometimes controversial, always congenial, er and her husband watched in horror as their CHRISTIAN CHURCH Marion leaves with his infectious optimism house floated down what was once a street. about the city he loves intact. The man who Many communities have no drinking water, invented politics in D.C. was also its most HON. CAROLYN B. MALONEY skillful and resilient practitioner. He always and thousands are only now beginning to re- OF NEW YORK called me his ‘‘warrior’’ on the Hill. I always turn to their homes. For many, all their worldly IN THE HOUSE OF REPRESENTATIVES knew that my old civil rights buddy would possessions are gone. Lives lost, businesses flooded, livestock killed, and people's prime in- Tuesday, October 20, 1998 no more settle for second class citizenship here than he did in the movement. Whatever vestment, their homes, destroyedÐthat is the Mrs. MALONEY of New York. Mr. Speaker, our differences, Marion Barry was my friend legacy of the floods of 1998. I rise today to pay tribute to the Park Avenue before he was Mayor, and he will be my The counties I represent include some of Christian Church as it celebrates its 188th an- friend when he is no longer Mayor. I wish the hardest hit areas: Comal, Guadalupe, niversary. The Church held a Homecoming him well. Bexar and Wilson Counties have not seen this Celebration on October 17 and 18. f level of destruction in more than a generation The Christian church, which traces its roots or more. In some areas, the Guadalupe River, RECOGNIZING THE CITY OF LA back to the Scottish reformation, first emerged normally 150 feet wide, stretches three miles HABRA HEIGHTS, CA, ON THE OC- on the American Frontier in the early 1800's. across. It may take days or weeks to add up CASION OF ITS 20TH ANNIVER- On October 10, 1810, nine members of the the value of lost property, but we know today SARY Ebenezer Baptist Church of New York City already that some have experienced the great- formed themselves as ``The Disciples of est loss. At least 17 persons have died as a Christ.'' In 1945, the congregation moved to its HON. EDWARD R. ROYCE result of these storms, and a number of chil- present site at 1010 Park Avenue and re- OF CALIFORNIA dren remain missing and are feared lost. For named itself the Park Avenue Christian IN THE HOUSE OF REPRESENTATIVES the record, I have attached a list of these fa- Church. Tuesday, October 20, 1998 talities. Mr. Speaker, our hearts and prayers As the oldest congregation within the Chris- Mr. ROYCE. Mr. Speaker, around 1920, a go out to these families at this tragic time. tian Church, the Park Avenue Christian I spent yesterday visiting flood-damaged developer named Edwin G. Hart had a vision Church delivers a progressive, positive mes- communities. While the destruction was truly for about 3,500 acres nestled in the hills of my sage as an international, interracial, and inclu- heart-wrenching, I was impressed with the district. Since the early 1800's, this area had sive community. professionalism exhibited by city leaders, law been known as ``La Habra Rancho'' and was Originally build as the old South Dutch Re- enforcement and emergency service crews. I home to ranchers, farmers, and settlers. formed Church in 1911, the sanctuary was in- admired neighborly spirit of the many volun- Edwin Hart set out to develop this land into a spired by La Sainte Chapelle in Paris. The teers who came out to help. In response to remarkable avocado growing belt, divided into Church is an impressive structure on Park Av- this crisis, people from all walks of life came large 5-acre parcels and profitable for all his enue with buttress-supports and Tiffany together to battle the water and save lives. neighbors. stained glass windows. In 1963, the Church The next few days will be critical as the re- built a new education building on the site of He called it ``La Habra Heights.'' Gradually, La Habra Heights evolved from building begins. I know that, despite the chal- the original parish house; in 1982, a 56 rank lenges, the people of Texas will pull together organ was added to the Church. an avocado producing area to a tranquil resi- dential community. Today the city of just over and overcome. In 1989, the Park Avenue Christian Church f embarked on a massive renovation. This res- 7 square miles has maintained its unique rural toration not only ensured the preservation of character amidst urban Los Angeles County. HONORING JUDITH MARDEN INSTI- the Church into its third century of existence, The residents of this pastoral area, including a TUTE FOR COMMUNITY LIVING but also helped to revitalize the congregation's large horse riding population, have long en- AWARDEE commitment to its mission to the world found- joyed a peaceful environment in the hills and ed on freedom, diversity, and tradition. valleys of their community. Scenic riding trails HON. EDOLPHUS TOWNS The Park Avenue Christian Church plays an are connected throughout the heights and are OF NEW YORK integral role in fostering a sense of community maintained by the Highland Riders. A commu- IN THE HOUSE OF REPRESENTATIVES nity-based volunteer fire department has pro- on the Upper East Side of Manhattan. The Tuesday, October 20, 1998 congregation is deeply rooted in social respon- vided protection to its residents for 50 years. sibility, which greatly benefits the Park Avenue The city of La Habra Heights incorporated Mr. TOWNS. Mr. Speaker, I rise today to community. on December 4, 1978, and the city has contin- honor Judith Marden for service to the Brook- Mr. Speaker, I am honored to bring to your ued to prosper for 20 years. I would like to ex- lyn community, and congratulate her as a re- attention the Park Avenue Christian Church, tend my congratulations to the over 6,800 resi- cipient of an Institute for Community Living as it celebrates its 188th anniversary. I would dents of this community on the occasion of award. also like to pay tribute to Senior Minister Rev- their 20th anniversary as a city on December Judith Marden graduated from Adelphi Uni- erend John Wade Payne and Associate min- 4, 1998. versity with a Bachelor of Science degree in ister Reverend Allen V. Harris for their dedica- f Elementary Education. She received her Mas- tion to the Park Avenue Christian Church and ter of Science Degree in Elementary education COMMUNITIES PULL TOGETHER from Hofstra University concentrating on the surrounding community. AFTER FLOOD DEVASTATION f courses in sociology and psychology. After teaching for a number of years, she STATEMENT ON MAYOR BARRY’S HON. CIRO D. RODRIGUEZ decided to join her husband Melvin in their RETIREMENT OF TEXAS contract and design business. At that time she IN THE HOUSE OF REPRESENTATIVES attended the New York School of Interior De- sign. HON. ELEANOR HOLMES NORTON Tuesday, October 20, 1998 OF THE DISTRICT OF COLUMBIA For the last twenty-five years, she has taken Mr. RODRIGUEZ. Mr. Speaker, this past her background in design, psychology and so- IN THE HOUSE OF REPRESENTATIVES weekend we in central and south Texas expe- ciology and applied them to furnishing resi- Tuesday, October 20, 1998 rienced extraordinary rain storms which dences, group homes, and larger facilities. Ms. NORTON. Mr. Speaker, as many in the dropped record amounts of rain in only a mat- The emphasis has been on establishing a Congress know, Mayor Marion Barry has de- ter of hours. Some areas received nearly two home-like environment to suit the different cided to leave office at the end of this year feet of water in roughly 24 hours. Our normally needs of the individuals living in them. after 16 years of service as Mayor. I issued a calm rivers bursted over their banks, turning In her work, Judith has researched the living statement when Mayor Barry announced his into a racing wall of water. Even now, commu- needs of the homeless, mentally ill, chemically retirement in May. I ask for permission to in- nities in my district find themselves under addicted, developmentally disabled, individuals clude that statement in the CONGRESSIONAL water. Roads, houses, farms and ranches with AIDS, children in foster care, battered RECORD. have turned into lakes. women, senior citizens, children and unwed After a lifetime of public service and devo- Devastation is everywhere. Homes have mothers, while working with the agencies that tion to this city, my friend Marion Barry is been torn from their foundations. While lend- care for and support these populations. CONGRESSIONAL RECORD — Extensions of Remarks E2259 Mr. Speaker, I would like you and my col- INTRODUCTION OF H.R. 4858— ama both benefit in many ways from the tradi- leagues from both sides of the aisle to join me UNITED STATES-PANAMA PART- tional U.S. military presence in Panama. For in honoring Ms. Judith Marden for her invalu- NERSHIP ACT OF 1998 the United States, that presence provides a able service to the Institute for Community Liv- forward platform from which to combat ing and the Brooklyn community. HON. BENJAMIN A. GILMAN narcotrafficking and interdict the flow of drugs, OF NEW YORK which threatens all countries in this hemi- f IN THE HOUSE OF REPRESENTATIVES sphere. Tuesday, October 20, 1998 For Panama, the U.S. presence adds an es- REHABILITATION HOSPITALS timated $300 million per year to the local Mr. GILMAN. Mr. Speaker, I have today in- economy, fosters economic growth by contrib- troduced H.R. 4858, the United States-Pan- uting to a stable investment climate, and helps HON. JOHN S. TANNER ama Partnership Act of 1998. deter narcoterrorism from spilling over in Pan- The purpose of this legislation is to signal to OF TENNESSEE ama. the people of Panama the strong interest in IN THE HOUSE OF REPRESENTATIVES In retrospect, the Clinton Administration the United States Congress in continuing into acted precipitously three years ago when it re- Tuesday, October 20, 1998 the next century the special relationship that jected Panama's offer to negotiate an exten- has existed between our two peoples since sion of our traditional military presence in ex- Mr. TANNER. Mr. Speaker, I want to com- 1903. change for a package of benefits to be mutu- mend the gentleman from Massachusetts, Mr. I am joined in sponsoring this measure by a NEAL, for taking the lead on an issue that af- very distinguished list of cosponsors, including ally agreed upon. In the wake of that decision, the effort to establish a Multinational Counter- fects rehabilitation hospitals and units. It is CHARLIE RANGEL, Ranking Democratic Mem- very important that we work with Mr. NEAL on ber of the Committee on Ways and Means; narcotics Center failed to gain broad support across Panama's political spectrum because it this issue to correct some problems that were CHRIS COX, Chairman of the House Repub- was an unfamiliar concept to most Panama- created by the passage of the Balanced Budg- lican Policy Committee; DENNIS HASTERT, the nians. et Act of 1997 (BBA). Chief Deputy Majority Whip; BOB MENENDEZ, Our legislation returns to, and builds upon, Mr. NEAL's legislation restores incentive pay- the Chief Deputy Democratic Whip; DAVID the concept proposed by Panama three years ments for PPS-exempt rehabilitation hospitals DREIER, the next Chairman of the Committee ago of extending the traditional U.S. military and units that were changed by the BBA. It on Rules; FLOYD SPENCE, Chairman of the presence in Panama beyond 1999 in ex- also changes the provision in the BBA which Committee on National Security; HENRY HYDE, change for a package of benefits. Our legisla- imposed a 15% reduction in capital payments Chairman of the Committee on the Judiciary; tion includes three specific provisions of bene- for PPS-exempt hospitals and units for DAN BURTON, Chairman of the Committee on fit to Panama. FY1998±2002. Government Reform and Oversight; and BILL First, and most importantly, our bill offers to MCCOLLUM, Chairman of the Subcommittee on In our efforts to restore Medicare to financial bring Panama into the first rank of U.S. trade stability last year, we may have approved cuts Crime of the Committee on the Judiciary. We are introducing this bill because Pan- partners by giving Panama the same pref- to rehabilitation hospitals and units that actu- ama and the United States today stand at a erential access to the U.S. market that Can- ally save Medicare dollars. I am afraid that crossroads in the special relationship between ada and Mexico currently enjoy. The economic these cuts may undermine patient care and our two peoples that dates back to the begin- value of this benefit for Panama is difficult to force them to either stay in hospitals longer or ning of this century. As this century draws to quantify today, but over time it should lead to to be discharged home prematurely, or worse, a close, our two nations must decide whether significantly increased investment and employ- to a nursing home. to end that relationship, or renew and reinvigo- ment there, which would directly benefit all Studies confirm that early rehabilitation for rate it for the 21st century. We must decide, Panamanians. stroke and traumatic brain injury leads to in other words, whether our nations should Second, it offers a scholarship program for shorter overall hospitalizations, less mortality continue to drift apart, or draw closer together. deserving Panamanian students to study in and fewer complications. This translates to In the case of Canada and MexicoÐthe the United States. both federal and state, as well as private dol- other two countries whose historical relation- Third, it offers assistance in preparing for lars, saved. A few studies have shown that ship with the United States most closely par- the construction of a new bridge across the stroke patients who receive rehabilitation have allels Panama'sÐthere has been a collective Panama Canal. better outcomes that those who do not. decision to draw our nations closer together. Taken together, these specific provisions These studies also indicate that stroke reha- This decision, embodied in the North Amer- give substance to the larger promise of this bilitation patients are more likely to be dis- ican Free Trade Agreement (NAFTA), was legislation, which is to renew and reinvigorate charged to a home than to a nursing home. grounded in a recognition that, in today's the special relationship between our two peo- They confirm that comprehensive rehabilitation world, our mutual interests are best served by ples as we enter the 21st century, provided programs are effective in treating low back increased cooperation and integration. the people of Panama decide they want to re- pain, and that pulmonary rehabilitation re- The legislation we are introducing today of- main our partner. duces expensive re-hospitilization and emer- fers Panama the opportunity to join Canada Obviously it is too later for us to seek to gency room visits. and Mexico in forging a new, more mature, enact the United States-Panama Partnership Act this year. And obviously no purpose would Rehabilitation also maximizes the restora- mutually beneficial relationship with the United be served by enacting this legislation if it tion of functional capacity, and it helps people States. In exchange, our legislation asks Pan- emerges that there is little interest in Panama adapt to a more independent life. Rehabilita- ama to remain our partner in the war on drugs in renewing our special relationship along the tion can help older individuals avoid the serv- and other regional security matters by continu- lines proposed in this bill. ices of a nurse or home health aide in many ing to host a U.S. military presence after 1999. Our purpose at this stage is limited to laying cases. All of this translates to savings to Medi- Under the Panama Canal Treaties of 1977, out our proposal so that the people of Panama care, Medicaid and the health care system. the U.S. presence in Panama is scheduled to terminate at the end of next year. Panama will may consider it. We will introduce this bill While we obviously cannot move legislation assume full control of the Panama Canal, and again next year, and if by that time there have this year, I am concerned about the impact all U.S. military forces will be withdrawn. been expressions of serious interest in this that BBA is having on the payment for provid- A 1977 protocol to the Treaties provides proposal within Panama, we will work to move ing rehabilitation services to Medicare bene- that the United States and Panama may agree the bill forward through the legislative process. ficiaries. I am afraid that, in our efforts to re- to extend the U.S. military presence in Pan- Under Article I, section 7 of the U.S. Con- store financial stability to the Medicare system, ama beyond 1999, and for the last two years stitution, this bill can only originate in the we may have implemented a policy which will U.S. and Panamanian negotiators have sought House of Representatives. We are confident, actually increase Medicare spending. to reach just such an agreement. Four weeks however, that the Senate would join us in ap- While I am cautious about suggesting any ago, however, it was announced that these proving this measure, provided that the people legislation that may add additional costs to the negotiations had failed and that the U.S. mili- of Panama indicate that they too wish to Medicare system, I do not want us to be tary would withdraw from Panama as sched- strengthen relations between our two countries penny wise but pound foolish. I would hope uled. along the lines proposed in our bill. that the Congress can examine this issue This is a regrettable turn of events for both It is our sincere hope that Panama will ac- carefully in the future. of our countries. The United States and Pan- cept this invitation to reinvigorate the special E2260 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 1998 relationship between our two peoples. We rec- (MCC), which would permit the continuation (1) ACTION BY TRADE AND DEVELOPMENT ognize, however, that the right to make this of a limited United States military presence AGENCY.—The Director of the Trade and De- choice rests with the people of Panama, and in Panama past 1999 and for which no com- velopment Agency shall approve a grant or pensation would be expected. grants to assist in the design, financial plan- we will respect their decision. (11) On December 24, 1997, the United ning, and other preparatory steps for the Original cosponsors of United States-Pan- States and Panama announced that prelimi- construction of a new bridge across the Pan- ama Partnership Act of 1998: Mr. RANGEL, Mr. nary agreement had been reached on estab- ama Canal. COX, Mr. HASTERT, Mr. MENENDEZ, Mr. DREIER, lishment of the MCC, but the Government of (2) REPORTING REQUIREMENT.—Not later Mr. SPENCE, Mr. HYDE, Mr. BURTON, and Mr. Panama subsequently reopened a number of than one year after the date on which the MCCOLLUM. issues on which preliminary agreement had President submits the certification and re- been reached. port under section 3, the Director of the H.R. 4858 (12) Following rejection by the voters of Trade and Development Agency shall submit Be it enacted by the Senate and House of Rep- Panama on August 30, 1998, of a proposed a report to the Committee on International resentatives of the United States of America in constitutional amendment to permit Presi- Relations of the House of Representatives Congress assembled, dent Perez Balladares to seek reelection, the and the Committee on Foreign Relations of SECTION 1. SHORT TITLE. United States and Panama announced on the Senate regarding the steps taken pursu- This Act may be cited as the ‘‘United September 24, 1998, that the MCC negotia- ant to paragraph (1) and the status of plan- States—Panama Partnership Act of 1998’’. tions had failed and would be terminated. ning for construction of a new bridge across (13) Panama and the United States con- SEC. 2. FINDINGS. the Panama Canal. tinue to have a strong shared interest in (c) SCHOLARSHIP PROGRAM FOR PANAMA.— Congress makes the following findings: maintaining a United States military pres- (1) Since Panama gained its independence (1) ACTION BY AGENCY FOR INTERNATIONAL ence in Panama beyond 1999, and both coun- DEVELOPMENT.—The Administrator of the in 1903, the United States and Panama have tries should seek to agree on an appropriate maintained extremely close relations, rest- Agency for International Development shall package of benefits to facilitate such a pres- ensure that, for the duration of the agree- ing primarily on the shared interest of both ence. countries in the smooth operation and de- ment period, up to $2,000,000 of the funds SEC. 3. CERTIFICATION AND REPORT REGARD- fense of the Panama Canal. made available each year to the Cooperative ING AGREEMENT TO MAINTAIN Association of States for Scholarships pro- (2) In order to defend the Panama Canal, UNITED STATES MILITARY BASES IN the United States has maintained a military gram shall be made available for scholar- PANAMA AFTER DECEMBER 31, 1999. ships for deserving students from Panama to presence in Panama for over 90 years. (a) SUBMISSION OF CERTIFICATION AND RE- study in the United States. (3) In recent decades, the mission of United PORT.—At any time before December 31, 1999, (2) REPORTING REQUIREMENT.—Not later States military forces stationed in Panama the President may submit to the Congress than one year after the date on which the has evolved to include significant respon- the certification described in subsection (b) President submits the certification and re- sibilities for the conduct of counter narcot- and the report described in subsection (c). port under section 3, the Administrator of ics operations in Latin America and the Car- (b) CONTENT OF CERTIFICATION.—The cer- the Agency for International Development ibbean, and for the provision of logistical tification referred to in subsection (a) is a shall submit a report to the Committee on support to such operations by other coun- certification by the President that the International Relations of the House of Rep- tries and other agencies of the United States United States and the Government of Pan- resentatives and the Committee on Foreign Government. ama have reached an agreement permitting Relations of the Senate regarding the steps (4) Under the terms of the Panama Canal the United States, for a period of not less taken pursuant to paragraph (1). Treaty of 1977, the United States is obligated than 15 years beginning on January 1, 2000, (d) TREATMENT OF CERTAIN TEXTILE AND to withdraw all United States military per- to maintain its military presence at Howard APPAREL ARTICLES.— sonnel from Panama no later than December Air Force Base, Fort Kobbe, Rodman Naval (1) EQUIVALENT TARIFF AND QUOTA TREAT- 31, 1999, and turn over all United States mili- Station, and Fort Sherman, under terms and MENT.—During the transition period— tary facilities to the Government of Panama. conditions substantially similar to those (A) the tariff treatment accorded at any (5) Under the terms of the Treaty Concern- that have applied since October 1, 1979, to time to any textile or apparel article that ing the Permanent Neutrality and Operation these facilities with respect to— originates in Panama shall be identical to of the Panama Canal of 1977, the United (1) United States force levels; (2) missions performed; the tariff treatment that is accorded at such States will retain responsibilities for the de- time under section 2 of the Annex to an arti- fense of the Panama Canal after December (3) command and control of United States elements; cle described in the same 8-digit subheading 31, 1999. of the HTS that is a good of Mexico and is (6) A 1977 protocol to the Treaty Concern- (4) legal status of United States personnel; (5) quality of life of United States person- imported into the United States; ing the Permanent Neutrality and Operation nel; and (B) duty-free treatment under the Carib- of the Panama Canal provides that ‘‘Nothing (6) physical security of United States per- bean Basin Economic Recovery Act shall in the treaty shall preclude the Republic of sonnel. apply to any textile or apparel article that is Panama and the United States from making (c) CONTENT OF REPORT.—The report re- imported into the United States from Pan- . . . agreements or arrangements for the ferred to in subsection (a) is a report con- ama and that— stationing of any United States military taining the following: (i) is assembled in Panama, from fabrics forces or the maintenance of defense sites (1) The text of the agreement described in wholly formed and cut in the United States after [December 31, 1999] in Panama that subsection (b) that has been reached between from yarns formed in the United States, and Panama and the United States may deem the United States and the Government of is entered— necessary or appropriate’’. Panama. (I) under subheading 9802.00.80 of the HTS; (7) Public opinion surveys in Panama in re- (2) A detailed explanation of the manner in or cent years consistently have shown that ap- which the agreement ensures that the United (II) under chapter 61, 62, or 63 of the HTS proximately 70 percent of the population of States will be able to use the facilities sub- if, after such assembly, the article would Panama favor a continuation of the United ject to the agreement under terms and condi- have qualified for treatment under sub- States military presence in Panama. tions substantially similar to those that heading 9802.00.80 of the HTS, but for the fact (8) On September 6, 1995, during an official have applied since October 1, 1979, to those the article was subjected to bleaching, gar- visit of Panama’s President Ernesto Perez facilities with respect to each of the items ments dyeing, stone-washing, enzyme-wash- Balladares to the United States, it was an- set forth in paragraphs (1) through (6) of sub- ing, acid-washing, perma-pressing, oven-bak- nounced that Presidents Clinton and Perez section (b). ing, or embroidery; Balladares had agreed to begin informal con- (3) If the agreement provides for a United (ii) is knit-to-shape in Panama from yarns sultations on the possible extension beyond States military presence at the facilities wholly formed in the United States; December 31, 1999, of the United States mili- subject to the agreement for a period longer (iii) is made in Panama from fabric knit in tary presence in Panama. than 15 years, a statement of the date on Panama from yarns wholly formed in the (9) Early discussions pursuant to the an- which that presence expires under the agree- United States; nouncement of September 6, 1995, were very ment. (iv) is cut and assembled in Panama from encouraging, but the discussions foundered (d) SUBMISSION IN CLASSIFIED FORM.—To fabrics wholly formed in the United States after the United States refused to consider the degree necessary, the report under sub- from yarns wholly formed in the United providing any form of compensation to Pan- section (c) may be submitted in classified States; or ama in exchange for an extension of the form. (v) is identified under paragraph (3) as a United States military presence. SEC. 4. BENEFITS. handloomed, handmade, or folklore article of (10) After it became clear that no agree- (a) IN GENERAL.—If the President submits Panama and is certified as such by the com- ment could be reached on extending the the certification and report under section 3, petent authority of that country; and United States military presence in Panama then the provisions of subsections (b) (C) no quantitative restriction or consulta- past 1999 in its customary form, Panama pro- through (g) apply. tion level may be applied to the importation posed negotiations on the establishment of a (b) ASSISTANCE FOR BRIDGE PROJECT IN into the United States of any textile or ap- Multinational Counternarcotics Center PANAMA.— parel article that— CONGRESSIONAL RECORD — Extensions of Remarks E2261

(i) originates in the territory of Panama, to a bilateral emergency action taken under (4) STUDY BY COMMISSIONER OF CUSTOMS ON or this paragraph. COOPERATION CONCERNING CIRCUMVENTION.— (ii) qualifies for duty-free treatment under (C) For purposes of applying bilateral The United States Commissioner of Customs clause (i), (ii), (iii), (iv), or (v) of subpara- emergency action under this paragraph— shall conduct a study analyzing the extent graph (B). (i) the term ‘‘transition period’’ in sections to which Panama— (2) TREATMENT OF OTHER NONORIGINATING 4 and 5 of the Annex shall be deemed to be (A) has cooperated fully with the United TEXTILE AND APPAREL ARTICLES.— the period defined in subsection (g)(8); and States, consistent with its domestic laws and (A) PREFERENTIAL TARIFF TREATMENT.— (ii) any requirements to consult specified procedures, in instances of circumvention or Subject to subparagraph (B), the President in section 4 or 5 of the Annex are deemed to alleged circumvention of existing quotas on may place in effect at any time during the be satisfied if the President requests con- imports of textile and apparel goods, to es- transition period with respect to any textile sultations with Panama and Panama does tablish necessary relevant facts in the places or apparel article that— not agree to consult within the time period of import, export, and, where applicable, (i) is a product of Panama, but specified under such section 4 or 5, whichever transshipment, including investigation of (ii) does not qualify as a good that origi- is applicable. circumvention practices, exchanges of docu- nates in the territory of Panama or is eligi- (e) TREATMENT OF CERTAIN OTHER ARTICLES ments, correspondence, reports, and other ble for benefits under paragraph (1)(B), ORIGINATING IN PANAMA.— relevant information, to the extent such in- (1) EQUIVALENT TARIFF TREATMENT.— tariff treatment that is identical to the in- formation is available; (A) IN GENERAL.—Subject to subparagraph (B) has taken appropriate measures, con- preference-level tariff treatment accorded at (B), the tariff treatment accorded at any such time under Appendix 6.B of the Annex sistent with its domestic laws and proce- time during the transition period to any ar- dures, against exporters and importers in- to an article described in the same 8-digit ticle referred to in any of paragraphs (2) subheading of the HTS that is a product of volved in instances of false declaration con- through (5) of section 213(b) of the Caribbean cerning fiber content, quantities, descrip- Mexico and is imported into the United Basin Economic Recovery Act that origi- States. For purposes of this subparagraph, tion, classification, or origin of textile and nates in Panama shall be identical to the apparel goods; and the ‘‘in-preference-level tariff treatment’’ tariff treatment that is accorded at such accorded to an article that is a product of time under Annex 302.2 of the NAFTA to an (C) has penalized the individuals and enti- Mexico is the rate of duty applied to that ar- article described in the same 8-digit sub- ties involved in any such circumvention, ticle when imported in quantities less than heading of the HTS that is a good of Mexico consistent with its domestic laws and proce- or equal to the quantities specified in Sched- and is imported into the United States. dures, and has worked closely to seek the co- ule 6.B.1, 6.B.2., or 6.B.3. of the Annex for im- (B) EXCEPTION.—Subparagraph (A) does not operation of any third country to prevent ports of that article from Mexico into the apply to any article accorded duty-free such circumvention from taking place in United States. treatment under U.S. Note 2(b) to subchapter that third country. (B) LIMITATIONS ON ALL ARTICLES.—Tariff II of chapter 98 of the HTS. The Commissioner of Customs shall submit treatment under subparagraph (A) may be (2) RELATIONSHIP TO OTHER DUTY REDUC- to the Congress, not later than October 1, extended, during any calendar year, to not TIONS.—If at any time during the transition 1999, a report on the study conducted under more than 6,750,000 square meter equivalents period the rate of duty that would (but for this paragraph. of cotton or man-made fiber apparel, to not action taken under paragraph (1)(A) in re- (g) DEFINITIONS.—For purposes of this sec- more than 225,000 square meter equivalents gard to such period) apply with respect to tion— of wool apparel, and to not more than any article under section 213(h) of the Carib- (1) AGREEMENT PERIOD.—The term ‘‘agree- 3,750,000 square meter equivalents of goods bean Basin Economic Recovery Act is a rate ment period’’ means the period that begins entered under subheading 9802.00.80 of the of duty that is lower than the rate of duty on January 1, 2000, and ends on December 31, HTS. resulting from such action, then such lower 2014, or such later date as is reported to the (C) PRIOR CONSULTATION.—The President rate of duty shall be applied for the purposes Congress under section 3(c)(3). may implement the preferential tariff treat- of implementing such action. (2) ANNEX.—The term ‘‘the Annex’’ means ment described in subparagraph (A) only (f) CUSTOMS PROCEDURES.— Annex 300–B of the NAFTA. after consultation with representatives of (1) IN GENERAL.— (3) ENTERED.—The term ‘‘entered’’ means the United States textile and apparel indus- (A) REGULATIONS.—Any importer that entered, or withdrawn from warehouse for try and other interested parties regarding— claims preferential tariff treatment under consumption, in the customs territory of the (i) the specific articles to which such treat- subsection (d) or (e) shall comply with cus- United States. ment will be extended, and toms procedures similar in all material re- (4) HTS.—The term ‘‘HTS’’ means the Har- (ii) the annual quantities of such articles spects to the requirements of Article 502(1) of monized Tariff Schedule of the United that may be imported at the preferential the NAFTA as implemented pursuant to States. duty rates described in subparagraph (A). United States law, in accordance with regu- (5) NAFTA.—The term ‘‘NAFTA’’ means (3) HANDLOOMED, HANDMADE, AND FOLKLORE lations promulgated by the Secretary of the the North American Free Trade Agreement ARTICLES.—For purposes of paragraph (1), the Treasury. entered into between the United States, United States Trade Representative shall (B) DETERMINATION.—In order to qualify for Mexico, and Canada on December 17, 1992. consult with representatives of Panama for such preferential tariff treatment and for a (6) ORIGINATING.—An article shall be the purpose of identifying particular textile Certificate of Origin to be valid with respect deemed as originating in the territory of and apparel goods that are mutually agreed to any article for which such treatment is Panama if the article meets the rules of ori- upon as being handloomed, handmade, or claimed, there shall be in effect a determina- gin for a good set forth in chapter 4 of the folklore goods of a kind described in section tion by the President that Panama has im- NAFTA, and, in the case of an article de- 2.3 (a), (b), or (c) or Appendix 3.1.B.11 of the plemented and follows, or is making substan- scribed in Appendix 6.A of the Annex, the re- Annex. tial progress toward implementing and fol- quirements stated in such Appendix 6.A for (4) BILATERAL EMERGENCY ACTIONS.—(A) lowing, procedures and requirements similar such article to be treated as if it were an The President may take— in all material respects to the relevant pro- originating good. In applying such chapter 4 (i) bilateral emergency tariff actions of a cedures and requirements under chapter 5 of or Appendix 6.A with respect to Panama for kind described in section 4 of the Annex with the NAFTA. purposes of this section— respect to any textile or apparel article im- (2) CERTIFICATE OF ORIGIN.—The Certificate (A) no countries other than the United ported from Panama if the application of of Origin that otherwise would be required States and Panama may be treated as being tariff treatment under paragraph (1) to such pursuant to the provisions of paragraph (1) Parties to the NAFTA, article results in conditions that would be shall not be required in the case of an article (B) references to trade between the United cause for the taking of such actions under imported under subsection (d) or (e) if such States and Mexico shall be deemed to refer such section 4 with respect to an article de- Certificate of Origin would not be required to trade between the United States and Pan- scribed in the same 8-digit subheading of the under Article 503 of the NAFTA (as imple- ama, and HTS that is imported from Mexico; or mented pursuant to United States law), if (C) references to a Party shall be deemed (ii) bilateral emergency quantitative re- the article were imported from Mexico. to refer to the United States or Panama, and striction actions of a kind described in sec- (3) PENALTIES FOR TRANSSHIPMENTS.—If the references to the Parties shall be deemed to tion 5 of the Annex with respect to imports President determines, based on sufficient refer to Panama and the United States. of any textile or apparel article described in evidence, that an exporter has engaged in (7) TEXTILE OR APPAREL ARTICLE.—The clauses (i) and (ii) of paragraph (2)(A) if the willful illegal transshipment or willful cus- term ‘‘textile or apparel article’’ means any importation of such article into the United toms fraud with respect to textile or apparel article referred to in paragraph (1)(A) that is States results in conditions that would be articles for which preferential tariff treat- a good listed in Appendix 1.1 of the Annex. cause for the taking of such actions under ment under paragraph (1) or (2) of subsection (8) TRANSITION PERIOD.—The term ‘‘transi- such section 5 with respect to a like article (d) is claimed, then the President shall deny tion period’’ means the period that begins on that is a product of Mexico. all benefits under subsections (d) and (e) of the date of the enactment of this Act and (B) The requirement in paragraph (5) of this section to such exporter, and any suc- ends on the earlier of— section 4 of the Annex (relating to providing cessors of such exporter, for a period of 2 (A) the date that is 3 years after such date compensation) shall not be deemed to apply years. of enactment; or E2262 CONGRESSIONAL RECORD — Extensions of Remarks October 20, 1998 (B) the date on which— drive to start a YMCA in Simi Valley and IN TRIBUTE TO GENERAL GEORGE (i) the United States first applies the served as the campaign chairman. In 1987, he OLMSTED NAFTA to Panama upon its accession to the NAFTA; or served as Chairman of the Board for the (ii) there enters into force with respect to Southeast Ventura County YMCA, which in- HON. TILLIE K. FOWLER the United States and Panama a free trade cludes Simi Valley. As the years passed, the OF FLORIDA agreement comparable to the NAFTA that Simi Valley YMCA expanded from its initial IN THE HOUSE OF REPRESENTATIVES makes substantial progress in achieving the leased classroom at a local church. The phi- negotiating objectives set forth in section Tuesday, October 20, 1998 lanthropy now serves 400 children before and 108(b)(5) of the North American Free Trade Mrs. FOWLER. Mr. Speaker, I rise today in after school at 11 school sites, and 500 chil- Agreement Implementation Act (19 U.S.C. tribute to a man who lived a long life which dren and families in the YMCA's Indian pro- 3317(b)(5)), and that should remain in effect was spent wisely and in service to his country. at least until the end of the agreement pe- gram. Countless others participate in teen, Y- General George Olmstead was 97 years of riod. camper and grief support programs. When the SEC. 5. APPLICABILITY OF BENEFITS. age when he passed away on October 8th at board decided it needed a central facility, Bill his home in Arlington, VA. Although I did not The tariff treatment under section 4 may once again stepped to the plate, taking on the be accorded to goods of Panama only during have the honor of knowing him personally, I such periods as a designation of Panama as a chair of ``The Time Is Now'' capital campaign. am grateful that General Olmsted's grandson beneficiary country under the Caribbean Its aim is to build a $2 million, state-of-the-art, State Senator Locke Burt, a friend and con- Basin Economic Recovery Act is in effect. 23,000-square-foot facility with aquatics and stitute of mine, has brought his life to my at- SEC. 6. CONFORMING AMENDMENT. fitness centers, a child-watch area, a multipur- tention. Section 213(a)(1) of the Caribbean Basin pose room, meeting rooms, offices and a park. General George Olmsted, was successful Economic Recovery Act is amended by in- With Bill at the helm, I have no doubt the entrepreneur, an advocate of education, a serting ‘‘and except as provided in section 4 dream will come true. of the Panama Relations Act of 1998,’’ after decorated war hero, an activist in the Repub- ‘‘Tax Reform Act of 1986,’’. Bill was also instrumental in building eques- lican party and a leader in his community. A life-long entrepreneur, George Olmsted's f trian trails in Simi Valley and throughout Ven- tura County. He is honorary Past President of civilian time was spent in the banking and in- IN TRIBUTE TO WILLIAM MORRIS, the Ventura Taxpayers Association, a 50-year surance industries. In 1955, he purchased control of International Bank of Washington JR. member of Rotary International and a Paul and in 1959, he purchased Financial General Harris Fellow of the Rotary Foundation. HON. ELTON GALLEGLY Corporation, the 7th largest bank holding com- His success as an entrepreneur and his will- pany in the country at the time. Headquarter OF CALIFORNIA ingness to share have helped to generate a in Washington, DC, Financial General Cor- IN THE HOUSE OF REPRESENTATIVES successful community. poration controlled interests in 26 banks lo- Tuesday, October 20, 1998 Mr. Speaker, I know my colleagues will join cated in 7 States and the District of Columbia. Mr. GALLEGLY. Mr. Speaker, I rise to pay me in recognizing Bill Morris, Jr. for his many He helped to bring availability and affordability tribute to my friend Bill Morris, Jr., who was years of service to his community through his of products and services to a market battered recently awarded the prestigious and rare 50 business and philanthropic prowess. during the Great Depression and was a cham- Years of Service plaque from Chevrolet Corp. pion of the idea of better jobs and opportuni- He is the second of three generations to oper- f ties for all people. ate Chevrolet dealerships in Simi Valley-Moor- As I read a recent Washington Post article park, Fillmore and Santa Paula. He also has IN HONOR OF MR. HARRY about him, I found myself wishing that I had the distinction of being the second generation OFFENHARTZ AND THE ELEANOR known this retired Army General who was holder of a 50-year plaque; his father, Bill Sr., ROOSEVELT TRIBUTE CONCERT originally from Iowa. A short, but true, story of also earned one. His son Jeff is continuing the General Olmsted's actions during World War II family business. may illustrate my point: If service to motorists of all shapes, sizes HON. At the end of World War II, some 30,000 al- and automotive tastes was all Bill Morris had lied prisoners were being held in Japanese accomplished in the past 50 years, it would be OF CALIFORNIA POW camps in China. As the Japanese col- quite a feat. But service is a byword with Bill: IN THE HOUSE OF REPRESENTATIVES lapse appeared imminent, the Allies were con- service to his business, to his family, and to cerned about the safety of the prisoners, one his community. It is an attitude that helped his Tuesday, October 20, 1998 of which was General Johnathan Wainright, business to thrive. Many of his customers are the hero of Bataan. second-generation buyers who bring with them Ms. LEE. Mr. Speaker, I rise to note a con- A resourceful man, General Olmsted went bits of memorabilia or family pictures when cert commemorating Eleanor Roosevelt's lead- to his commanding officer and proposed a they arrive to buy their car. ership in promoting the Universal Declaration plan. It has been said that his superior told Bill's father moved his family to Ventura of Human Rights, which will celebrate its 50th him it was the ``craziest scheme'' he'd ever County from the San Fernando Valley in 1929 Anniversary on December 10, 1998. The trib- heard in the Army and informed him that they to open a dealership in Fillmore. Soon there- ute to Mrs. Roosevelt will feature the world were already readying court-martial charges after, Bill Sr. opened a second dealership in premiere of a cello concerto commissioned es- against him if his plan failed. Moorpark, which eventually moved to Simi pecially for the event from the renowned com- But, because of the lack of troops to send Valley. A third location, in Santa Paula, was poser Chen Yi and will be performed by the in, or the planes to carry them out imme- opened in 1939. The father passed to his son Women's Philharmonic Orchestra in San Fran- diately, they went ahead with the General's his business savvy and his belief that dedica- cisco at the Herbst Theatre with cello soloist, plan. First they dropped leaflets by aircraft on tion to your family and community are the re- Paul Tobias. It will be cosponsored by the each of the 11 camps immediately after the sponsibilities of a successful man. New Heritage Music Foundation and Amnesty surrender. Then, a team of seven unarmed Bill Jr. learned that lesson well. He and wife International. Mr. Harry Offenhartz, a good men were to parachute into each camp carry- Jean have seven children and 14 grand- friend of mine, served as President of the New ing with them letters stating that the war was children. Son Jeff is the newest operator of Heritage Music Foundation until his death last over and that the allied powers know how Wm. L. Morris Chevrolet. Bill has been a tire- July at the age of 93. Mr. Offenhartz worked many prisoners were in each camp and would less supporter of our community's youth as in the Roosevelt Administration and with Elea- hold each camp commander personally re- continuous sponsor of community Little nor Roosevelt, and was a tireless advocate for sponsible for the safety of those prisoners. Far from being court-martialied, General League teams and, most significantly, through human rights and the cause of the disadvan- Bill's tremendous involvement with the YMCA. Olmsted's ideas saved the prisoner's lives and taged. His dedication to the business community his valor did not go unnoticed. He not only re- earned him the distinguished Simi Valley Mr. Speaker, it is my pleasure to share the ceived the Distinguished Service Medal, the Chamber of Commerce Businessman of the upcoming concert with this body, and to thank Legion of Merit and the Bronze Star from the Year award in 1988. and honor those who are working to com- United States, but was awarded the Legion of Bill raised his sons through the YMCA In- memorate Mrs. Roosevelt and the Anniversary Honor from France, was made an Honorary dian Guide program. In 1984, he initiated the of the Universal Declaration of Human Rights. Commander of the Order of the British Empire CONGRESSIONAL RECORD — Extensions of Remarks E2263 by Great Britain, and was honored with the THE CERTIFIED NURSE MID- able savings and improved outcomes for dis- Order of the Sacred Tripod and the Special WIFERY MEDICARE SERVICES abled women and their infants who use nurse- Order of Pao Ting from China. The General ACT midwives and birth centers. was also praised by President Harry Truman Mr. Chairman, while this legislation is being for his handling of surplus war equipment still HON. EDOLPHUS TOWNS introduced in the last days of the 105th Con- in China after the war. OF NEW YORK gress, I am confident that this measure will re- IN THE HOUSE OF REPRESENTATIVES ceive serious consideration in the next Con- President Truman was not the first U.S. Tuesday, October 20, 1998 gress. We must continue to work to increase President to notice General Oldmsted's abili- access to health care for underserved popu- ties. President Herbert Hoover noticed Gen- Mr. TOWNS. Mr. Speaker, I am pleased to lations. All too often chronically disabled introduce ``The Certified Nurse Midwifery eral Olmsted's abilities even as a young man, women have specialists as their primary care Medicare Services Act''. This legislation will inviting him to the White House and asking providers who neglect their obstetrical and correct several inequities in the nurse-mid- gynecological needs. I look forward to working him to direct the activities of the Young Re- wives' ability to provide health care services to publican Division of the party in the 1932 elec- with my colleagues to improve the payment Medicare recipients. This bill specifically in- restrictions on access to nurse-midwifery serv- tion. General Olmsted continued to be in- creases the reimbursement rate to 95 percent ices for Medicare recipients. volved in politics and even attempted a run of physician payment as well as permitting once for Governor of Iowa. free-standing birth centers to receive Medicare f From a young age, Olmsted showed his reimbursement. Currently, under the Medicare program, LET’S REMEMBER OUR FRIENDS leadership abilities as a cadet at West Point. nurse-midwives are reimbursed for only 65 AT GPO AS WE LEAVE FOR OUR He was President of his class, ranked second percent of physician's payment for providing DISTRICTS in his class academically, was the feather- the same services. Fifty-six percent of women weight boxing champ of the Academy and who are cared for by CNMs live in areas that HON. MARTIN FROST second-string quarterback for the Army foot- are designated as underserved, within inner OF TEXAS ball team. city or rural areas. In fact, 70 percent of IN THE HOUSE OF REPRESENTATIVES women and newborns seen by nurse-mid- In later years, he did not forget his alle- Tuesday, October 20, 1998 wives are considered vulnerable by virtue of giance to West Point or his tenacity for learn- age, socioeconomic status, education, eth- Mr. FROST. Mr. Speaker, as we close the ing. In 1959, he and his wife Carole estab- nicity, or place of residence. As of 1996, over 2nd Session of the 105th Congress, our ability lished a foundation whose principal activity is 50,000 women, in the Medicare program, had to come to an orderly close is due, in great The Olmstead Scholar Program. a primary diagnosis related to ``pregnancy, part, to the tireless efforts of our friends in the As a member of the Naval Academy's childbirth and puerperium''. While Medicare U.S. Government Printing Office. Board of Visitors, I am proud to say that this has provided for coverage of the professional The GPO recently performed a yeoman's task by printing all of the Kenneth Starr re- program has made financial grants available services of CNMs since July 1, 1988, the low 65 percent reimbursement rate results in pay- ports that were sent to them by the House Ju- to hundreds of graduates from three service ments of $800 to $1,200 for nine to ten diciary Committee. These massive reports academies and the ROTC. The graduates en- months of care for pregnancy, including deliv- were printed with great speed and profes- roll as full-time resident students at a foreign eries. At this level, nurse-midwives can not af- sionalism. university of their choice. They must conduct ford to serve the Medicare population, a popu- Now, as we draw our Session to a close, all their studies in the language of that country lation which is clearly increasingly in need of these dedicated government employees are and are expected to travel extensively access to health care providers. called on to print an incredible-sized piece of throughout the region to learn as much as The second major inequity corrected by this legislation, in addition to reprinting it in the they can about the local customs and history bill would allow free standing birth centers to CONGRESSIONAL RECORD, plus putting it on- of the people there. be reimbursed. Currently, the Medicare pro- lineÐand all with around-the-clock work gram does not recognize free-standing birth schedules. Since it founding, 293 officers have been centers. Birth centers have a 20 year history For over 137 years, the GPO has been a selected as Olmsted Scholars, including one of providing quality services with excellent out- loyal, dedicated partner of the Congress. former Chief of Naval Operations. These comes for mothers and babies. In fact, the first Its critics have taken easy pot-shots at this scholars have attended over 100 different uni- urban birth center was established in New valuable agency, but they have never provided versities located in 37 countries. York City in 1975. The excellent quality of any reliable means of producing congressional General Olmsted was the American success care with great savings has been dem- products that are as dependable as those story. He worked hard, enjoyed tremendous onstrated in many research studies. The most from GPO. recent data released by the Health Insurance As we leave Washington to return to our success, and shared his good fortune with Association of America and the National Asso- congressional districts, I would like to salute others. His accomplishments are ones of ciation of Childbearing Centers showed that in the men and women at the U.S. Government which Americans can be proud and his patriot- 1995 there was a cost savings of over $3,000 Printing Office for their steadfast efforts to ism should be an example to our children. per birth when comparing a birth center to a make the operations of Congress run smooth- hospital birth. Medicare can realize consider- ly Tuesday, October 20, 1998 Daily Digest

HIGHLIGHTS House agreed to the conference report on H.R. 4328, Omnibus Consoli- dated and Emergency Supplemental Appropriations for fiscal year 1999 (H. Rept. 105–825). House agreed to H. Con. Res. 353, providing for the sine die adjourn- ment of the second session of the One Hundred Fifth Congress. Senate United States from Mexico, clearing the measure for Chamber Action the President. Pages S12680±81 Routine Proceedings, pages S12679–S12740 Computation of Annuities for State Department Measures Introduced: Seven bills and three resolu- Special Agents and Security Personnel: Senate tions were introduced, as follows: S. 2641–2647, S. passed H.R. 633, to amend the Foreign Service Act Res. 311, and S. Con. Res. 129 and 130. of 1980 to provide that the annuities of certain spe- Page S12720 cial agents and security personnel of the Department Measures Passed: of State be computed in the same way as applies generally with respect to Federal law enforcement of- Further Continuing Appropriations: Senate passed H.J. Res. 137, making further continuing ap- ficers, clearing the measure for the President. propriations for fiscal year 1999, clearing the meas- Page S12681 ure for the President. Page S12680 Regarding Access for Disabled Persons: Senate Correction Officers Health and Safety Act: Com- passed H.R. 4501, to require the Secretary of Agri- mittee on the Judiciary was discharged from further culture and the Secretary of the Interior to conduct consideration of H.R. 2070, to amend title 18, a study to improve the access for persons with dis- United States Code, to provide for the mandatory abilities to outdoor recreational opportunities made testing for serious transmissible diseases of incarcer- available to the public, clearing the measure for the ated persons whose bodily fluids come into contact President. Page S12681 with corrections personnel and notice to those per- Enrollment Correction: Senate agreed to S. Con. sonnel of the results of the tests, and the bill was Res. 129, to correct a technical error in the enroll- then passed, after agreeing to the following amend- ment of H.R. 3910. Page S12681 ment proposed thereto: Page S12680 Omnibus Appropriations, 1999: A unanimous- Burns (for Hatch) Amendment No. 3832, in the consent agreement was reached providing for a vote nature of a substitute. Page S12680 to occur on the conference report on H.R. 4328, the Africa: Seeds of Hope Act: Senate passed H.R. Omnibus Consolidated and Emergency Supplemental 4283, to support sustainable and broad-based agri- Appropriations Act, 1999, on Wednesday, October cultural and rural development in sub-Saharan Afri- 21, 1998, at 9 a.m. Pages S12696±S12716 ca, after agreeing to the following amendment pro- Messages from the President: Senate received the posed thereto: Page S12680 following message from the President of the United Burns (for DeWine) Amendment No. 3833, in States: the nature of a substitute. Page S12680 Received on October 19, 1998, during the recess Controlled Substances Trafficking Prohibition of the Senate: Act: Senate passed H.R. 3633, to amend the Con- A message from the President of the United States trolled Substances Import and Export Act to place transmitting the report concerning the continuation limitations on controlled substances brought into the of the national emergency with respect to narcotics D1186 October 20, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1187 traffickers centered in Columbia; referred to the Communications: Pages S12718±20 Committee on Foreign Relations. (PM–164). Statements on Introduced Bills: Pages S12720±25 Page S12716 Additional Cosponsors: Page S12725 Nominations Received: Senate received the follow- ing nominations: Amendments Submitted: Pages S12725±28 Douglas L. Miller, of South Dakota, to be a Direc- Additional Statements: Pages S12728±40 tor of the Federal Housing Finance Board for a term Recess: Senate convened at 10 a.m., and recessed at expiring February 27, 2002. 4:33 p.m., until 9 a.m., on Wednesday, October 21, 1 Army nomination in the rank of general. 1998. Page S12740 Messages From the President: Page S12716 Committee Meetings Messages From the House: Pages S12716±18 No committee meetings were held. h House of Representatives Organizational Caucus: Pursuant to the provisions Chamber Action of H. Res. 594, adopted H. Res. 606, providing that Bills Introduced: 18 public bills, H.R. 4856–4873; any organizational caucus or conference in the House and 8 resolutions, H.J. Res. 138, H. Con. Res. for the 106th Congress may begin on or after No- 353–354, and H. Res. 606–610 were introduced. vember 13, 1998. Page H11582 Pages H11694±95 Printing of House Rules and Manual: Pursuant to Reports Filed: Reports were filed today as follows: the provisions of H. Res. 594, adopted H. Res. 607, H. Res. 605, waiving points of order against the providing for the printing of a revised edition of the conference report to accompany H.R. 4328, making House Rules and Manual for the 106th Congress. appropriations for the Department of Transportation Page H11582 and related agencies for the fiscal year ending Sep- Committee to Inform the President: Pursuant to tember 30, 1999 (H. Rept. 105–826). Page H11694 H. Res. 594, adopted H. Res. 608, appointing Speaker Pro Tempore: Read a letter from the Members to join a similar committee appointed by Speaker wherein he designated Representative Hefley the Senate to inform the President that the two to act as Speaker pro tempore for today. Page H11551 Houses have completed their business of the session Recess: The House recessed at 12:44 p.m. and re- and are ready to adjourn. Subsequently, appointed convened at 2 p.m. Page H11553 Representatives Armey and Gephardt to the commit- tee. Page H11583 Suspensions: The House agreed to suspend the rules and pass the following measure: Omnibus Consolidated Appropriations: The House agreed to the conference report accompanying Miscellaneous and Technical Amendments to H.R. 4328, Omnibus Consolidated and Emergency Trade Law: H.R. 4856, to make miscellaneous and Supplemental Appropriations for fiscal year 1999, by technical changes to various trade laws. a yea and nay vote of 333 yeas to 95 nays, Roll No. Page H11558±82 538. Pages H11592±H11669 Recess: The House recessed at 2:50 p.m. and recon- H. Res. 605, the rule waiving points of order on vened at 4:25 p.m. Page H11582 the conference report accompanying the bill, was Preparation for the Adjournment of the Second agreed to by a yea and nay vote of 333 yeas to 88 Session Sine Die: The House agreed to H. Res. nays, Roll No. 536. Pages H11583±91 594, as modified, providing for consideration of cer- Adjournment Sine Die: Agreed to H. Con. Res. tain resolutions in preparation for the adjournment 353, providing for the adjournment of both Houses of the second session sine die. Page H11582 sine die. Page H11669 Convening Day for the 106th Congress: House Bandelier National Monument Administrative passed H.J. Res. 138, appointing the day for the Improvement and Watershed Protection: The convening of the first session of the One Hundred House passed S. 1132, to modify the boundaries of Sixth Congress. Page H11582 the Bandelier National Monument to include the D1188 CONGRESSIONAL RECORD — DAILY DIGEST October 20, 1998 lands within the headwaters of the Upper Alamo Great Lakes water to foreign countries, business, cor- Watershed which drain into the Monument and porations, and individuals until procedures are estab- which are not currently within the jurisdiction of a lished to guarantee that any such sale is fully nego- Federal land management agency, to authorize pur- tiated between and approved by the governments chase or donation of those lands, by voice vote— concerned. Page H11682 clearing the measure for the President. Africa: Seeds of Hope: The House agreed to the Pages H11669±70 Senate amendment to H.R. 4283, to support sustain- Earlier, H. Res. 604, the rule that provided for able and broad-based agricultural and rural develop- consideration of both S. 1132 and S. 2133, was ment in sub-Saharan Africa—clearing the measure agreed to by a yea and nay vote of 229 yeas to 189 for the President. Pages H11682±85 nays, Roll No. 537. Pages H11553±58, H11591±92 Regarding the Bushehr Nuclear Power Plant: International Anti-Bribery: The House disagreed The House passed H.R. 4851, to withhold voluntary to Senate amendments nos. 2 through 6 and agreed proportional assistance for programs and projects of to Senate amendment no. 1 with an amendment to the International Atomic Energy Agency relating to S. 2375, to amend the Securities Exchange Act of the development and completion of the Bushehr nu- 1934 and the Foreign Corrupt Practices Act of 1977, clear power plant in Iran. Pages H11685±87 to strengthen prohibitions on international bribery Regarding the People of the Republic of Mozam- and other corrupt practices. Pages H11670±72 bique: The House agreed to H. Res. 610, expressing Government Programs Waste Reduction: The the sense of the House of Representatives that the House passed H.R. 4857, to reduce waste, fraud, and people of the Republic of Mozambique are to be error in Government programs by making improve- commended for their commitment to rebuilding ments with respect to Federal management and debt their nation after years of civil war, their willingness collection practices, Federal payment systems, Fed- to live together harmoniously despite sharp political eral benefit programs. Agreed to the Davis of Vir- differences, and their ability to overcome poverty, ginia amendment in the nature of a substitute. health crises, and refugee outflows to build a grow- Pages H11672±79 ing economy and a positive future for their country. Technology Transfer Commercialization: The Page H11689 House passed H.R. 4859, to improve the ability of Senate Messages: Messages received from the Senate Federal agencies to license federally owned inven- today appear on pages H11553 and H11592. tions. Pages H11679±81 Quorum Calls—Votes: Three yea and nay votes de- Lewis and Clark Expedition Bicentennial Com- veloped during the proceedings of the House today, memorative Coin: The House agreed to the Senate and appear on pages H11591, H11591–92, and amendment with an amendment to H.R. 1560, to H11668–69. There were no quorum calls. require the Secretary of the Treasury to mint coins in commemoration of the bicentennial of the Lewis Adjournment: The House met at 12:30 p.m. and adjourned at 8:55 p.m. & Clark Expedition. Pages H11681±82 Designation of Speaker Pro Tempore: Read and accepted a letter from the Speaker wherein he des- Committee Meetings ignates Representative Morella to act as Speaker pro CONFERENCE REPORT—TRANSPORTATION tempore to sign enrolled bills and joint resolutions APPROPRIATIONS (OMNIBUS through the end of the Second Session of the One APPROPRIATIONS) Hundred Fifth Congress. Page H11682 Committee on Rules: Granted, by voice vote, a rule Calendar Wednesday: Agreed to dispense with Cal- waiving all points of order against the conference re- endar Wednesday business of October 21. port to accompany H.R. 4328, making appropria- Page H11682 tions for the Department of Transportation and re- Regarding the Sale or Diversion of Great Lakes lated agencies for the fiscal year ending September Water: The House agreed to H. Res. 566, express- 30, 1999, and against its consideration. The rule ing the sense of the House of Representatives that provides that the conference report shall be consid- the President and the Senate should take the nec- ered as read. Testimony was heard from Chairman essary actions to prevent the sale or diversion of Livingston and Representative Obey. October 20, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1189

NEW PUBLIC LAWS COMMITTEE MEETINGS FOR (For last listing of Public Laws, see DAILY DIGEST, p. D1179) WEDNESDAY, OCTOBER 21, 1998 H.J. Res. 136, making further continuing appro- (Committee meetings are open unless otherwise indicated) priations for the fiscal year 1999. Signed October 16, 1998. (P.L. 105–260) Senate H.R. 3616, to authorize appropriations for fiscal No meetings are scheduled. year 1999 for military activities of the Department of Defense, and to prescribe military personnel House strengths for fiscal year 1999. Signed October 17, Select Committee on U.S. National Security and Military/ 1998. (P.L. 105–261) Commercial Concerns with the People’s Republic of China, exec- H.R. 4103, making appropriations for the Depart- utive, to consider pending business, 1 p.m., H–405 Cap- ment of Defense for the fiscal year ending September itol. 30, 1999. Signed October 17, 1998. (P.L. 105–262) D1190 CONGRESSIONAL RECORD — DAILY DIGEST October 20, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Wednesday, October 21 10 a.m., Wednesday, October 21

Senate Chamber House Chamber Program for Wednesday: Senate will vote on the con- Program for Wednesday: Pro Forma Session. ference report on H.R. 4328, Omnibus Appropriations, 1999, following which Senate may consider any legisla- tive or executive items cleared for action.

Extensions of Remarks, as inserted in this issue

HOUSE John, Christopher, La., E2243 Skeen, Joe, N.M., E2251 Kingston, Jack, Ga., E2254, E2256 Solomon, Gerald B.H., N.Y., E2244, E2248 Berman, Howard L., Calif., E2251 Kleczka, Gerald D., Wisc., E2250 Stabenow, Debbie, Mich., E2239, E2242 Berry, Marion, Ark., E2252, E2254 Lantos, Tom, Calif., E2257 Stark, Fortney Pete, Calif., E2239 Dingell, John D., Mich., E2246 Lee, Barbara, Calif., E2262 Tanner, John S., Tenn., E2255, E2259 Doyle, Michael F., Pa., E2251 Maloney, Carolyn B., N.Y., E2258 Towns, Edolphus, N.Y., E2251, E2253, E2254, E2256, Farr, Sam, Calif., E2240 Meek, Carrie P., Fla., E2257 E2257, E2258, E2263 Fowler, Tillie K., Fla., E2262 Murtha, John P., Pa., E2252 Underwood, Robert A., Guam, E2242 Frost, Martin, Tex., E2263 Norton, Eleanor Holmes, D.C., E2258 Wicker, Roger F., Miss., E2241 Gallegly, Elton, Calif., E2245, E2248, E2262 Regula, Ralph, Ohio, E2243 Wilson, Heather, N.M., E2239, E2241, E2243 Gilman, Benjamin A., N.Y., E2259 Rodriguez, Ciro D., Tex., E2253, E2258 Wolf, Frank R., Va., E2240, 2246 Hooley, Darlene, Ore., E2254, E2256 Royce, Edward R., Calif., E2258 Woolsey, Lynn C., Calif., E2253 Hoyer, Steny H., Md., E2243 Sanders, Bernard, Vt., E2244 Wynn, Albert Russell, Md., E2255 Hunter, Duncan, Calif., E2252, E2253, E2255 Shaw, E. Clay, Jr., Fla., E2242

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