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

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

Vol. 143 WASHINGTON, TUESDAY, OCTOBER 28, 1997 No. 147 House of Representatives The House met at 10:30 a.m. ices to upgrade housing and to improve rationale for the administration’s ac- f facilities conditions generally. It is tions. The only explanation I can come easy for some to be cynical about mili- to is politics, simple, crass, and cynical MORNING HOUR DEBATES tary construction projects. It is easy to politics. The SPEAKER. Pursuant to the call needed improvements pork. In While the President plays politics, order of the House of January 21, 1997, fact, one Member of the other body soldiers at Fort Campbell will continue the Chair will now recognize Members thinks that anything that the Presi- to do vehicle maintenance in 1940’s-era from lists submitted by the majority dent did not request is pork. If all we facilities that contain lead-based paint, and minority leaders for morning hour were going to do is follow the Presi- asbestos, and faulty exhaust systems. debates. The Chair will alternate rec- dent’s request, then why are we here? The equipment that cannot fit in the ognition between the parties, with each We could send in our rubber stamp and undersized bays has to be worked on party limited to 30 minutes, and each simply stay home. outside on gravel even during the win- Member except the majority leader, More cynical, however, is the admin- ter. the minority leader, or the minority istration’s lack of commitment in this We asked the Army to deploy to whip limited to 5 minutes. area, which has been demonstrated by places like the urban streets of Soma- The Chair recognizes the gentleman eroding budget requests. The real de- lia and Bosnia, but the troops most from Colorado [Mr. HEFLEY] for 5 min- cline in the President’s request over likely to go, those at Fort Bragg, will utes. the past 5 years to support military in- not be training in an adequate way because the President canceled the nec- f frastructure has been 20 percent. The fiscal year 1998 budget request for mili- essary training complex. LINE-ITEM VETOES OF DEFENSE At Lackland Air Force Base, an air- tary construction was $1.6 billion, 16 LEGISLATION craft painting facility was closed in percent, less than prior year spending 1994 because of violations of the Clean Mr. HEFLEY. Mr. Speaker, I rise levels, all the while the services tell us Air Act. The remaining facilities can today to discuss the recent decision of on the record that they have multibil- the President to exercise the line-item only handle one-third of the workload lion-dollar facilities problems. and do not accommodate certain air- veto on 38 military construction The $287 million in military con- craft at all. The needed replacement fa- projects which were authorized during struction projects canceled by the the legislative process. cility was canceled by the President. President met validated military re- Navy Station Mayport has inad- Over the last 3 years, the Congress quirements. Congress worked with equate berthing space. The Navy be- has made significant progress in ad- these military departments to assure lieves this is a critical project. The vancing needed facilities improve- that those funds would address real President canceled it. ments, meeting both housing and other needs and that the project could be ex- I have seen a number of the facilities quality-of-life requirements and the ecuted in fiscal year 1998. But the needs for which the President has canceled operational and readiness requirements of the services are not what this exer- improvements. I am appalled at the of the military services. cise is all about. lack of judgment demonstrated by this The Congress did not invent these re- These are the facts: 33 of the 38 administration. quirements. We relied on the extensive projects, 85 percent of them, canceled No one would suggest that the Nation evidence collected all year during hear- by the President are in the President’s could not defend itself tomorrow with- ings and on site visits, and it is clear own 5-year defense program. The re- out these projects, but given the record that a lot more needs to be done. Mili- mainder were priorities of the military of neglect in basic military infrastruc- tary infrastructure has been neglected services and the commands. Moreover, ture, these cancellations will continue for years. Twenty years ago, the record 26 percent of the canceled projects, 1 in to compound a very serious problem. was filled with discussions about World 4, are in the President’s fiscal year 2000 At each installation these projects af- War II wood, poor housing, and unsafe program. They are not good projects fect readiness and, to the extent condi- working conditions. The witnesses now, in the administration’s judgment, tions are inadequate and unsafe, they have changed, but the testimony has but they would be good projects just 16 must in the end be a factor in reten- not. The conditions still exist. months from now so why cancel them? tion. We cannot continue to ignore this The Subcommittee on Military In- When the defense bills are within the problem, but the administration ap- stallation and Facilities, which I chair, constraints of the budget agreement pears to care very little about it. has worked closely with the Depart- and when the projects are in the Presi- The Committee on National Security ment of Defense and the military serv- dent’s program, I fail to understand the held a hearing on this issue last week.

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.

H9561 H9562 CONGRESSIONAL RECORD — HOUSE October 28, 1997 I was appalled that both the director of States in that part of the world, but FREEDOM WORKS AWARD TO the Office of Management and Budget the military no longer holds the com- MARTHA WILLIAMSON and senior officials of the Department manding position it once did in terms The SPEAKER pro tempore. Under of Defense refused to submit to ques- of its impact on the local economy. the Speaker’s announced policy of Jan- tions from the committee. Both OMB Joining with the three Governors, uary 21, 1997, the gentleman from and OSD have gladly taken questions three living Governors of Guam, Gov. Texas [Mr. ARMEY] is recognized during from the press on the subject. What do Carl Gutierrez, the incumbent, Gov. morning hour debates for 5 minutes. they have to fear if the cancellations Joe Ada, and Gov. Paul Calvo, the lat- Mr. ARMEY. Mr. Speaker, I am hon- are truly objective and justified? ter two Republicans and the first a ored today to present the Freedom Their failure to appear is all the Democrat, is a large contingent from Works Award to Martha Williamson, more troubling because this adminis- Guam numbering over 40 people, and I executive producer of CBS networks tration admits that mistakes were will enter their names into the television show ‘‘Touched By An made on the cancellations. RECORD. Angel’’ and ‘‘Promised Land.’’ f These people reflect a good cross-sec- Martha Williamson takes her responsibility as a television producer very GUAM CALLS FOR GREATER PAR- tion of the people of Guam. They reflect the energy and the concern and seriously. Her fine work on ‘‘Touched TICIPATION IN AMERICAN DE- By An Angel’’ and ‘‘Promised Land’’ MOCRACY the determination of the people of Guam to reach the next level of their has proven that values and principles The SPEAKER pro tempore [Mr. political development, and this next are good for TV and good for TV rat- PACKARD]. Under the Speaker’s an- level of their political development is ings. nounced policy of January 21, 1997, the embodied in H.R. 100, which provides b 1045 gentleman from Guam [Mr. for a new expanded relationship with UNDERWOOD] is recognized during That is because values strike a chord the Federal Government based on the with the millions of Americans who morning hour debates for 5 minutes. principles of mutual consent and the Mr. UNDERWOOD. Mr. Speaker, to- struggle each day to reaffirm the val- establishment of a joint commission, ues of responsibility and honesty and morrow in the Committee on Resources provides for local control of immigra- at 10 a.m., a hearing will be held on faith in their lives. Martha is serious tion, and allows Guam to have fuller about creating entertainment that re- H.R. 100, which is the commonwealth control over its own economic activi- bill for Guam. I want to thank the inforces the importance of family, ties. faith and community. For that reason chairman of the Committee on Re- We hope that the administration to- sources, the gentleman from Alaska, I have chosen to honor her work. morrow in their testimony, and I rec- I established the Freedom Works [Mr. DON YOUNG], for allowing us to ognize that there are many problems, hold this hearing to achieve some final Award to acknowledge individuals and we have been in negotiation now for 4 groups who seek the personal reward of resolution on this commonwealth pro- to 5 years, that are still remaining on posal, which has been developed on accepting and promoting responsibility this issue, but we are hoping that the without reliance on or funding from Guam throughout the decade of the administration comes across tomorrow 1980’s, and which has been alive as pro- the Federal Government. The stand with a position that does not close the Martha has taken on behalf of posed legislation in this Congress and door to further discussion. profamily television is exactly the type previous Congresses going back to 1988 I know the Committee on Resources, of personal initiative I sought to high- and the time of my predecessor, Mr. which is the only committee to have light when I established this award. Ben Blaz. the flags of the territories flying in its Mr. Speaker, no Federal Government The hearing will afford us an oppor- committee room, will take seriously agency, no government rule, no govern- tunity to get clarification from the ad- its responsibility to deal with insular ment regulation requires Martha to ministration, who has been negotiating areas in a creative and fair-minded produce profamily television. Rather, this document, along with the Guam way. This is a call for greater partici- Martha has taken it upon herself to en- Commission on Self-Determination. pation in American democracy. It is a sure that at least once a week families And the person in charge of that is call whose time has come. One hundred all across America have a chance to sit John Garamendi, the Deputy Secretary years is just too long. together and view television that of the Interior. Mr. Speaker, the list of names re- stresses the values of faith, family, We hope that people will understand ferred to above are submitted herewith honesty, and responsibility. The mil- that the commonwealth proposal is for the RECORD. lions that take advantage of that op- something that has been arrived at on portunity each week attest to her suc- a bipartisan basis on Guam. It is some- GUAM DELEGATION TO WASHINGTON FOR HEARING ON H.R. 100 cess. thing that has achieved wide consensus I want to be very clear, Mr. Speaker. on Guam, and is something which Governor Carl T.C. Gutierrez, First Lady Geri Gutierrez, Former Governor Joseph Martha Williamson does not do poli- needs serious attention. tics. What she does through her work is It is numbered H.R. 100, in light of Ada, Former Governor Paul Calvo, Senator Elizabeth Barrett-Anderson, Senator An- to take on the tough issues which af- the fact that next year, 1998, marks the thony Blaz, Senator Mark Forbes, Senator fect us all, issues like suicide, drug and 100th anniversary of Guam’s associa- Vicente Pangelinan, Senator Francis Santos, alcohol abuse, teen pregnancy, and tion with the United States. Some 100 Mayor Paul McDonald, Mayor Isabel Hag- race relations in the inner city. years ago, as a result of the Spanish- gard, Chief Justice Peter Siguenza, Judge Millions tune in weekly to ‘‘Touched American War, Guam was taken and Alberto Lamorena, Judge Joaquin By An Angel’’ and ‘‘Promised Land’’ the U.S. flag flown over Guam on June Manibusan, Archbishop Anthony Apuron, and countless letters have poured into 20, 1898, approximately a month earlier Carolos Baretto, Leland Bettis, John Blaz, the show with stories of marriages that than Puerto Rico was taken by the Bill Bufford, Toni Bufford. Dennis Crisostomo, Hope Cristobal, Toni have been restored, debts that have United States. Cross, Vicky Cruz, Darrell Doss, Melissa been forgiven, and suicides that have Most people know Guam as a mili- Finney, Bernie Gines, Melanie Gisler, Eliza- been averted as a result of the uplifting tary installation, perhaps a little bit as beth Gray, Jose Guevera, Carla Gutierrez, message of Martha’s work. a result of the wartime experience of Hannah Gutierrez, Steven Hattori, Martin Mr. Speaker, I have raised 5 children. the people of Guam, but Guam today is Jenkins, Scott Kimmel, Elfrie Koshiba, When you raise 5 children you learn a a proud island of 150,000 people, with a Diane Martos, Mary Matalas, Ben Meno, few things. As a young parent I remem- significant indigenous population eager Kyle Oh. ber very clearly the challenge I faced to exercise their self-determination. Romy Pangilinan, Leonard Paulino, Tita in making sure that my children were We have a $3 billion a year economy Paulino, Rene Quintans, Frieda Ramarui, Rory Respicio, Ron Rivera, Richard not exposed to the destructive influ- fueled mostly by tourism. The military Rodriguez, Florencio Rupley, Eileen Sablan, ences all too often seen in the modern presence continues to be important, Anthony Sanchez, Peter Sgro, Laura Souder- entertainment industry. and of course Guam is very important Betances, Attorney General Charles Trout- As a lawmaker and, most important, in the strategic picture of the United man, Dan Tydingco, Shingpe Lee Wang. as a parent, I want to personally thank October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9563 Martha Williamson for her work and complished as much with the creation trade agreements with Latin American honor her devotion to American fami- of these two excellent shows. They get countries. There clearly is not a major- lies by presenting her the Freedom high ratings, but they send a positive ity of Members’ support in this Con- Works Award. She provides millions of family message out to America. gress to give the President fast track Americans with an uplifting hour of I recently discovered that the poet authority to expand NAFTA. It is pret- entertainment each week. The size of Maya Angelou wrote a poem especially ty clear that this body should think her audience should remind all of us for ‘‘Touched By An Angel.’’ It closes twice before we rush headlong into a and should remind the entertainment with these lines: ‘‘Yet it is only love series of trade agreements that cost us industry that family programming which sets us free.’’ American jobs, in trade agreements sells. The market responds to families I want to congratulate Martha and that jeopardize American food safety, everywhere working to reinforce val- everyone who works on this program in trade agreements that question the ues. for having the courage to send this viability of truck safety on America’s Mr. Speaker, freedom works and, simple message to every American highways, that we should think twice Martha, if I may, your programs, both home each week. I congratulate CBS before rushing into another series of of them, work for me and my wife. We for having the courage of putting these trade agreements that jeopardize watch every week. Not only do we two programs on. The outstanding pub- health and safety and jobs in this coun- watch, but our minister and his wife lic response to them is evidence that try before we fix the North American watch and then the four of us get to- their judgment was correct. In conclu- Free Trade Agreement. gether and we compare notes and we sion, once again I want to congratulate The North American Free Trade discuss the show, and we see what les- the majority leader for taking the Agreement, passed in 1993 in this coun- sons we can draw for ourselves and our leadership in creating this award. try, has already cost hundreds of thou- lives. f sands of American jobs. The North The encouraging thing that I receive American Free Trade Agreement has NAFTA EXPANSION PULLED FROM from my minister, not that my judg- jeopardized American food safety, sto- SUSPENSION CALENDAR ment is something I would trust on ries of strawberries that have infected this matter, but that his is, that Mar- The SPEAKER pro tempore [Mr. Michigan schoolchildren with hepatitis tha, your shows are always true to PACKARD]. Under the Speaker’s an- A, strawberries coming from Mexico, Scripture as well as to sound values, nounced policy of January 21, 1997, the raspberries coming from Guatemala, sound advice, sound lessons for the gentleman from Ohio [Mr. BROWN] is all kinds of food products coming into American family. I want to add, then, recognized during morning hour de- this country, not well enough inspected my personal and, for my wife Susan bates for 5 minutes. at the Mexican border; food products and myself, our personal appreciation Mr. BROWN of Ohio. Mr. Speaker, grown under conditions not acceptable for your show. Speaker GINGRICH has tried it again. in this country, where pesticides that Mr. MARKEY. Mr. Speaker, will the Earlier this year, the Speaker at- are banned in the United States in gentleman yield? tempted to insert the Caribbean Basin many cases are actually legal in Mex- Mr. ARMEY. I yield to the gentleman initiative into the budget bill. The Car- ico and Central America and other from Massachusetts. ibbean Basin initiative would have ex- Latin American countries, where the Mr. MARKEY. Mr. Speaker, I thank panded NAFTA, the North American North American Free Trade Agree- the majority leader for yielding. I want Free Trade Agreement, passed 4 years ment, and if expanded by the Presi- to begin by congratulating the major- ago, would have expanded NAFTA to 26 dent’s and Speaker GINGRICH’s request, ity leader. This is a wonderful award, Caribbean and Central American na- expanding those trade agreements to the Freedom Works Award, and I think tions all buried in a budget bill that no other countries in Latin America clear- he is doing excellent work in helping to one really would have understood or ly will mean more problems at the bor- single out ‘‘Touched By An Angel’’ and seen. Today Speaker GINGRICH was try- der, more problems with food safety, ‘‘Promised Land’’ and Martha ing it one more time. H.R. 2644, the more contaminated food in our coun- Williamson and the work which she is United States-Caribbean trade partner- try’s food supply and our country’s gro- doing in this area. I cannot give him ship, again basically the same issue, cery stores, more problems with truck enough praise for helping to create there was an attempt today to put it safety as trucks come across to the something like this that does focus on the Suspension Calendar and ram it tune of thousands of trucks a day upon that which should be given spe- through Congress with no amendments, across the border now confined only to cial honor. with not very much discussion and put New Mexico, Arizona, Texas, and Cali- Television has been called a vast together with a whole lot of other is- fornia, but as those trucks move into wasteland and it struggles every day to sues and a whole lot of other pieces of the other 44 States of the mainland, we find a balance between America’s insa- legislation. Fortunately, thanks to the clearly will have even more problems tiable appetite for escape and its ex- efforts of people on both sides of the with truck safety. traordinary capacity to teach. Enter- aisle that do not think we should ex- That is why, Mr. Speaker, we should tainment programming in particular pand NAFTA with only 20 or 30 min- defeat fast track, not rush headlong often panders to the familiar human utes of debate, we should expand into an agreement, into a new series of desire to turn the brain off simply by NAFTA to 26 more Caribbean and agreements that costs American jobs, turning the tube on. Yet as a mass me- Central American nations, fortunately jeopardizes American food safety and dium, television has the greatest po- because there is so little support for truck safety. We should defeat fast tential since the dawn of civilization that in this body, even though the sup- track today. I applaud the Speaker for for prodding society to confront its port comes from the Republican leader- pulling off the calendar the Caribbean troubles and to look within for a re- ship, that initiative was pulled off the Basin initiative. It was a bad idea. Fast newal of the values of community and calendar today. track is a bad idea. We should defeat caring. That means that this Congress will both those agreements when they come This potential is usually realized in in fact have an opportunity to debate to the floor of the House of Representa- news or documentary formats or in the Caribbean Basin initiative at some tives. made-for-television specials, but not in point, and I believe that Congress ulti- f regularly scheduled entertainment pro- mately will defeat it because there gramming. Yet out of this tension, simply is not the support in this body A HISTORIC VISIT there occasionally rises programming for expanding NAFTA for those kinds The SPEAKER pro tempore. Under that breaks the mold, that finds the of trade agreements. the Speaker’s announced policy of Jan- balance but projects a level of quality That clearly speaks to the next step. uary 21, 1997, the gentleman from Flor- and thoughtfulness that transcends its The next step is within the next 2 ida [Mr. STEARNS] is recognized during format and sets a new standard for the weeks, Congress will likely vote on giv- morning hour debates for 5 minutes. rest of the industry. Martha ing the President the authority, the Mr. STEARNS. Mr. Speaker, I rise to Williamson and her colleagues have ac- fast track authority to negotiate other talk about a very controversial and H9564 CONGRESSIONAL RECORD — HOUSE October 28, 1997 highly important historical event. I am state control of businesses acts as an and thousands and thousands of years. speaking about the visit of China’s economic drag and increases the tend- Let us not be hasty when making pol- President Jiang Zemin to our Nation. ency for trade deficits. By privatizing icy decisions that may have serious re- President Jiang’s visit will be the first these enterprises China will allow mar- percussions well into the future. visit for a Chinese leader since Deng ket forces to determine their success The policy of this Congress should Xiaoping was received by President and would allow United States compa- not be a quick-fix approach to this seri- Carter in 1979. nies an even playing field in order to ous problem. Members should not just The relationship between China and compete. wash their hands by protecting a sub- the United States will be the world’s China’s No. 1 economic priority is to sidized industry, by transporting the most important and most interesting ascend to the World Trade Organiza- most deadly material man has ever in the dawn of the unfolding millen- tion. The United States should con- known, only to hide it in the ground. nium. This visit will help set the table tinue resisting China’s membership to Members should understand and not of whether this relationship will be the WTO unless they begin reducing sweep under the rug the dangers of this based on distrust and animosity that their own tariffs and if they begin ad- substance. We should address the prob- will give rise to a new global con- hering to international legal standards lem itself, reprocessing, recycling, or frontation between two giant super- as if it applies to business contracts changing the dangerous chemical prop- powers or if this relationship will be and other legal norms. erties of the waste. That is the direc- based upon a working relationship of In addition, Mr. Speaker, China lacks tion that this body and the policy of understanding and mutual respect be- many of the laws that apply to global this Nation should be headed. tween two partners. commerce. China needs the proper Many Members do not know what I would like to see the latter rela- legal infrastructure regarding con- will be loaded onto the trains and tionship develop, but I believe its de- tracts, private property ownership and trucks. Casks, filled with enough high velopment will be based upon China’s arbitration in order to support China’s level nuclear waste to contaminate en- willingness to be a global leader that continued economic growth. tire communities, massive land re- applies the standards of democracy and sources, and entire water supplies. b 1100 true free markets to their own Nation. Each cask of nuclear waste holds 24 The term ‘‘comprehensive engage- So the United States businesses re- fuel assemblies. ment’’ is being used to detail the talks ceive the legal protection to operate in In terms of radioactivity, each fuel this week. I believe most of us in Con- full capacity in the Chinese market. assembly contains 10 times the long- gress and most of our Nation desires a China needs to adhere to democratic lived radioactivity released by the Hir- peaceful relationship with China and to values. They must continue the devel- oshima bomb. My constituents and col- be engaged comprehensively. But the opment of democratic values in China leagues, are your constituents aware of administration has to prioritize the is- that should receive priority attention the danger of hauling over 70,000 tons sues of contention between our nations on the summit’s agenda. Other things, of nuclear waste across this country? in order to make President Jiang’s such as religious persecution, inter- You should be, because the National visit an achievement. national covenants on human rights, Environmental Protection Act of 1969 As one observer has said, this sum- legislative and judicial exchanges, and requires Federal agencies to consider mit will demand something that the grassroots democracy must also be on alternatives, seek public comment and Clinton administration has yet to the agenda. A modern, open, legislative consider any and all environmental produce, a clearly articulated set of and judicial system in China is nec- ramifications before proceeding with a priorities. Without prioritizing United essary to protect religious, economic major Federal action. However, NEPA States interests in China, the adminis- and political freedoms. and all other Federal and State laws tration’s present construct of engage- In conclusion, Mr. Speaker, this are waived in this bill. ment is meaningless. What China needs morning I hope the visit of President A poll taken in December 1995 con- to do is to change its domestic law and Jiang is a first step in resolving our cluded that 70 percent of the American make a commitment that it will up- differences with China, and I hope that citizens are against transporting nu- hold international obligations em- President Jiang will follow up on some clear waste. Since that time, more bodied in applicable international trea- of the things we talked about this studies have confirmed the opposition ties. morning. That will be a significant ac- of a majority of Americans to transfer One of the larger problems with complishment. of this dangerous cargo across our Na- China is its current trade imbalance. f tion and through our communities. The trade deficit with China reached Thus far, over 400 private property, DEFEAT THE NUCLEAR WASTE $40 billion in 1996 alone, and it is ex- State’s rights, environmental and fis- POLICY ACT OF 1997 pected that the 1997 trade deficit with cal watchdog groups have expressed China will be even greater. This trans- The SPEAKER pro tempore (Mr. their strong opposition to this bill. lates into amazing figures that every PACKARD). Under the Speaker’s an- Likewise, American cities such as Los American spends approximately $150 a nounced policy of January 21, 1997, the Angeles, Denver, St. Louis, and Phila- year more on Chinese goods than China gentleman from Nevada [Mr. GIBBONS] delphia have spoken out against this spends on United States products. is recognized during morning hour de- act. President Clinton should urge Presi- bates for 5 minutes. To my colleagues who stand in favor dent Jiang to work to reduce tariffs Mr. GIBBONS. Mr. Speaker, few of this drastic measure, if my voice and nontariff barriers to aid United problems, if any, have been more chal- were worth the $13 million the nuclear States businesses who are trying to lenging in recent years than the dis- energy lobbyists have spent distorting compete in China. posal of nuclear waste. I believe that the idea of temporary nuclear storage, As it seems with most of our trading sound science and reason and the pro- we would be debating a bill to fund the partners, it is easier for Chinese prod- tection of this Nation’s citizens should implementation of recycling and re- ucts to enter into the United States be drawn upon when we address nuclear processing. And why not? It is happen- than for American products to have ac- waste storage. ing right now in England and France. cess to the Chinese market. Reducing H.R. 1270, the Nuclear Waste Policy While families in these countries are applicable tariffs will encourage United Act of 1997, will mandate upon the safe from radioactivity and radioactive States sales and will help reduce the State of Nevada and this Nation, the waste on their roads and railroads, we trade imbalance with China. transportation of high level waste, are debating a bill that will do just the Another factor, Mr. Speaker, in open- while failing, yes, failing, to address opposite. ing up the Chinese market will be to the issues of environmental protection, Every day we come before this House encourage President Jiang to disman- safety, and the general well-being of all on behalf of the American people to tle as quickly as possible the over- Americans. pass legislation that will protect them whelming amount of state-owned en- The disposal of nuclear waste is a from things such as drugs, repeat terprises. The traditional bureaucratic problem that will exist for thousands criminal offenders on our streets, and October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9565 potentially threatening foreign na- penses. They should not have to wait Congressman Rowland’s efforts were tions. Yet many of my colleagues now any longer. They should not be denied not Democratic or Republican in na- want to flood our roads and flood our reimbursement because the Army lacks ture. They addressed a pressing con- railroads with deadly nuclear waste. the authority to pay for reimburse- cern for all Americans and garnered H.R. 120 proposes that high level nu- ment of expenses incurred while serv- true bipartisan support. clear waste be stored at an interim ing this Nation. When debate over the AIDS crisis storage facility at Yucca Mountain, They should not have to wait any was still locked in a state of misin- NV. Proponents contend this is the longer, Mr. Speaker. I therefore urge formation and confusion and frag- most suitable area for storage, as well my colleagues to join me in sponsoring mentation, Roy Rowland stepped for- as the safest. Well, just how safe does this legislation. ward with his experience as a medical this sound to you? A study by the Geo- f professional to provide the leadership logical Survey discovered 33 earth- this body needed to move forward. RENAMING FEDERAL COURTHOUSE quake faults directly through the site. Congressman Rowland introduced IN HONOR OF FORMER U.S. REP- The area is seismically active. Since and passed into law legislation that RESENTATIVE ROY ROWLAND 1976, there have been 621 seismic events created the National Commission on of a magnitude greater than 2.5 within The SPEAKER pro tempore. Under a AIDS, which provided America with a 50-mile radius of Yucca Mountain. previous order of the House, the gen- the plain, scientific facts so necessary For you in the new math, that is over tleman from Georgia [Mr. NORWOOD] is to establish sound public health policy 300 earthquakes a year. recognized for 5 minutes. to combat this killer disease. Another serious danger from this re- Mr. NORWOOD. Mr. Speaker, we find When the battle over health care region’s seismic activity involves the ourselves in a period of great debate as form was at its peak in the 103d Con- water table. Former senior DOE geolo- to what constitutes bipartisanship. I gress, Roy Rowland once again led the gist, Jerry Szymanski, has found an believe that true bipartisanship is hon- way in finding solutions to America’s earthquake could dramatically elevate orable compromise for the good of the problems that were outside the realm the water table, flooding the repository country. If we search for real live mod- of partisanship. He succeeded in draft- with water and releasing radio els of honorable compromise, we can ing health care reform legislation nucleoids into our water supply. I urge find no better example than the former through a group of five Republicans all Members to vote ‘‘no’’ on the rule Democratic member from my home and five Democrats that provided cov- and final passage of H.R. 1270. I don’t State of Georgia. erage for 92 percent of the American want to come back to this House and Congressman Roy Rowland of Dublin, public. say I told you so. GA, began a lifetime of public service The Rowland bill did not pass during f long before coming to the House of that time of heated debate and mul- REIMBURSEMENT DUE RESERVE Representatives. Roy Rowland spent tiple proposals, but the blueprint Roy AND GUARD MEMBERS DE- his youth developing a keen sense of left us is one that should be carefully PLOYED IN SUPPORT OF OPER- duty and honor as an Eagle Scout. examined when we face contentious is- ATION JOINT GUARD Fresh out of high school, Roy entered sues in the future. the U.S. Army to fight in World War II In his 12 years of service here in the The SPEAKER pro tempore. Under a as a sergeant in command of a machine previous order of the House, the gentle- House, Roy Rowland set a standard for gun crew in the European theater. He standing firm on conviction without woman from North Carolina [Mrs. was a member of U.S. forces that liber- CLAYTON] is recognized for 5 minutes. resorting to partisan attacks. He ated German concentration camps, Mrs. CLAYTON. Mr. Speaker, I rise fought like a tiger on this floor, but where he learned firsthand the horrify- this morning to encourage my col- never had an enemy on either side of leagues to support the Defense author- ing final results of intolerance. the aisle. Roy left the Army at the end of the ization conference report. The con- In his reelection campaigns, he was war with a Bronze Star for service in ferees have worked hard to resolve dif- frequently personally attacked, but ficult issues and to reach an agree- combat, and returned to educational never responded in kind. ment. pursuits. He graduated from the Medi- Today, I ask for your vote on legisla- This agreement contains important cal College of Georgia in 1952 and con- tion that will honor and preserve the policy language that should be enacted tinued what was to become a lifetime legacy of service that Dr. and Con- into law. However, I am also aware of of public service, by providing health gressman Roy Rowland has left for us a need that it does not address. I, care to the people of Dublin, GA, as a to follow. This bill will redesignate the therefore, urge my colleagues to co- family practice physician. Dublin Federal Courthouse in Dublin, sponsor legislation, which I will intro- Roy not only provided health care to GA, as the J. Roy Rowland Federal duce this week to correct the inequi- Georgia families, he served them in the Courthouse, in order that the example ties that affect 4,206 Army Reserve and State legislature from 1976 until 1982, Roy Rowland set through a lifetime of National Guard members who were de- and in the year of 1983, Roy’s dedica- service should not be forgotten. ployed to Europe in support of Oper- tion to serving his country brought In the spirit of true bipartisanship ation Joint Guard. him to the U.S. House of Representa- that our former colleague exemplified, These soldiers had to take money out tives. I ask for your support today of this leg- of their own pockets to pay for the In his freshman year, Congressman islation. shipment of personal items which the Rowland introduced and succeeded in Army itself has paid for in the past passing legislation that stopped the il- f and, after some persuasion, has started legal use of Quaaludes through the to pay again. My legislation grants the fraudulent prescription sales. RECESS army the authority, the statutory au- In the early 1980’s, the abuse of Quaa- The SPEAKER pro tempore. Pursu- thority, it needs to reimburse these af- ludes had reached epidemic propor- ant to clause 12 of rule I, the Chair de- fected soldiers who are junior grade en- tions, and the drug was fast on its way clares the House in recess until 12 listed members and cannot afford to to becoming the illegal drug of choice noon. pay for their reimbursement. on the streets. Accordingly (at 11 o’clock and 14 In fact, it affects some 14,000 Na- Roy, I was in practice back in that minutes a.m.), the House stood in re- tional Guardsmen throughout the period of time in the 1980’s, and recog- cess until 12 noon. United States. They are due to receive nized then what a tremendous problem an average payment of $400. Not much it was for our patients and the country, f to the average person, but they want and I appreciate your efforts in remov- their money and they need their ing Quaaludes. AFTER RECESS money. Today, though, the good news is that The recess having expired, the House They have already waited some 9 problem is history, because of the work was called to order by the Speaker pro months to be reimbursed for these ex- of Roy Rowland. tempore [Mr. SNOWBARGER] at 12 noon. H9566 CONGRESSIONAL RECORD — HOUSE October 28, 1997 PRAYER After 36 seasons as head coach of the billion. No. 2, no, he will not talk about The Chaplain, Reverend James David North Carolina Tarheels, Dean Smith, human rights. No. 3, he does not even Ford, D.D., offered the following pray- the ultimate competitor, left his post want to hear about the last Presi- er: and passed the reins to his longtime as- dential election. Do not mention John Enable us, O gracious God, to lift our sistant. With this announcement, Dean Huang, Charlie Trie. Stay out, Uncle hearts and souls above the commotion Smith ended an era in college basket- Sam. And guess what? The White House said, ‘‘Don’t worry, this is no big of the moment and the busy tasks that ball. His record of 879 total victories, 11 deal.’’ are before us, to offer our thanks and trips to the Final Four, 13 ACC Cham- pionships, and 2 National Champion- Beam me up. The White House will praise for the innumerable blessings not wise up until there is a full-blown and benefits which You have given to ships will never be matched. These stats and scores point out what rice paddy on the east lawn of the us and to all people. May our spirits White House. Somebody is smoking transcend the obligations and duties every basketball fan already knows. Dean Smith is the winningest coach in dope. that must be accomplished in our daily f lives to catch a spiritual vision where college basketball history. His impact justice is our byword and service to on the sports history books is only ri- THE CLINTON WHITE HOUSE others our great joy. valed by his impact on the lives, LEGACY hearts, and minds of his players. To With this prayer of thanksgiving we (Mr. HEFLEY asked and was given offer to You, O God, our appreciation quote a lesser known Tarheel, Michael permission to address the House for 1 that we can live lives of promise and Jordan, he says, ‘‘He’s like a father fig- minute and to revise and extend his recommitment and in a world that is ure to us all.’’ marks.) often confused and bewildering, we can Today I honor a man who represents Mr. HEFLEY. Mr. Speaker, there is a have a sense of fulfillment and satis- the best that college sports has to great deal of talk these days about the faction. offer, a man of true integrity and class legacy that this administration will In Your holy name, we pray. Amen. who makes North Carolinians proud leave. I think it is fair to say that this that he calls Chapel Hill home. Thank f White House has indeed set a new you, Coach Smith, for your many years standard of ethics. THE JOURNAL of commitment. We surely will miss I think it is fair to say that this you. The SPEAKER pro tempore (Mr. White House has set a new standard in f the use of the Lincoln bedroom. SNOWBARGER). The Chair has examined I think it is fair to say that this the Journal of the last day’s proceed- OPPOSE H.R. 1270 White House has set a new standard in ings and announces to the House his (Mr. GIBBONS asked and was given terms of raising money on Federal approval thereof. permission to address the House for 1 property. Pursuant to clause 1, rule I, the Jour- minute and to revise and extend his re- I think it is fair to say that this nal stands approved. marks.) White House has set a new standard in Mr. GIBBONS. Mr. Speaker, pursuant Mr. GIBBONS. Mr. Speaker, a letter terms of deciding which rich donors get to clause 1, rule I, I demand a vote on circulated around Capitol Hill yester- to accompany the Secretary of Com- agreeing to the Chair’s approval of the day boasts that passing H.R. 1270 will merce on trade missions. Journal. save money. Mr. Speaker, if it were not I think it is fair to say that this The SPEAKER pro tempore. The for the severity of this issue, this letter White House has set a new standard in question is on the Chair’s approval of would be laughable. This is yet another terms of raising money at Buddhist the Journal. example of the nuclear industry dis- temples, shaking down impoverished The question was taken; and the torting the truth. The truth is that Indian tribes. Using the IRS for politi- Speaker pro tempore announced that H.R. 1270 will cost the American tax- cal purposes, rewarding top dollar the ayes appeared to have it. payers $1.5 billion, that is with a ‘‘B,’’ fund-raisers with Commerce Depart- Mr. GIBBONS. Mr. Speaker, I object over the next 5 years. Contrast this ment jobs, making huge money from to the vote on the ground that a with the cost of onsite storage and the cattle futures while declaring moral quorum is not present and make the taxpayers will save, even then, close to outrage at the decade of greed, and point of order that a quorum is not $1 billion over the next 5 years. coming up with the ‘‘I don’t recall’’ de- present. Rather than have high level nuclear fense whenever the subject turns to The SPEAKER pro tempore. Pursu- waste transported through commu- raising money. I agree, that is quite a legacy. ant to clause 5, rule I, further proceed- nities across this country, we could use ings on this question will be postponed. this money to decrease the deficit, pro- f The point of no quorum is considered vide more tax relief for the American CELEBRATORY ATMOSPHERE SUR- withdrawn. taxpayers, improve our roads, hire ROUNDING VISIT OF CHINA’S f more teachers, or put more police offi- MILITARY LEADERS TO THE cers on the street. UNITED STATES IS INAPPROPRI- PLEDGE OF ALLEGIANCE I urge my colleagues to get the facts. ATE The SPEAKER pro tempore. Will the Do not be fooled by the nuclear indus- (Ms. PELOSI asked and was given gentleman from Colorado [Mr. HEFLEY] try. This is a bad bill. It is a bad bill permission to address the House for 1 come forward and lead the House in the for all Americans. Oppose H.R. 1270. minute and to revise and extend her re- Pledge of Allegiance. f marks.) Mr. HEFLEY led the Pledge of Alle- Ms. PELOSI. Mr. Speaker, tomorrow giance as follows: WHEN WILL THE WHITE HOUSE WISE UP? the Clinton administration will roll I pledge allegiance to the Flag of the out the red carpet for the ruler of a re- United States of America, and to the Repub- (Mr. TRAFICANT asked and was gime that rolled out the tanks in lic for which it stands, one nation under God, given permission to address the House Tiananmen Square. Tomorrow the indivisible, with liberty and justice for all. for 1 minute and to revise and extend Clinton administration will give a 21- f his remarks.) gun salute to the heads of the Chinese Mr. TRAFICANT. Mr. Speaker, Chi- military that proliferates weapons of TRIBUTE TO DEAN SMITH na’s President is in America. President mass destruction and brutally occupies (Mr. BALLENGER asked and was Jiang told the press China will not tol- Tibet. I do not think that that is an ap- given permission to address the House erate any interference by the U.S. Gov- propriate welcome. for 1 minute and to revise and extend ernment. In fact, President Jiang sent While I agree that we must engage his remarks.) over a list of irritant subjects he will China, that the leaders of our two Mr. BALLENGER. Mr. Speaker, not even discuss, Members. countries must meet to discuss issues Thursday, October 9 was a very sad day No. 1, he will not even talk about of concern, I think it is completely infor basketball and sports fans alike. trade, even though it is going to hit $60 appropriate to have such a celebratory October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9567 atmosphere surrounding the visit. The Mr. MILLER of Florida. Mr. Speaker, HOUSE OF REPRESENTATIVES, more appropriate auspices would have I am very disappointed with my friends OFFICE OF THE CLERK, been a working visit President Clinton across the aisle. They support the sta- Washington, DC, October 27, 1997. used to welcome many other leaders of tus quo for our Nation’s education. Hon. NEWT GINGRICH, Speaker, U.S. House of Representatives, important countries to Washington, Why do they consistently oppose ef- Washington, DC. DC. forts to improve the lives and learning DEAR MR. SPEAKER: Pursuant to the per- Tomorrow, though, Project Democ- of our Nation’s children? The Repub- mission granted to Clause 5 of Rule III of the racy in China, of the Independent Fed- lican education agenda is simple: We Rules of the U.S. House of Representatives, eration of Chinese Students and Schol- want to give kids a chance. We want the Clerk received the following message ars and the Tiananmen Memorial them to be able to leave inferior from the Secretary of the Senate on Monday, Foundation, will hold a press con- schools that cannot even teach them to October 27, 1997 at 11:42 a.m.: That the Sen- ate passed without amendment H.R. 2013. ference, and I join with them in their read and write. We want parents in- aspirations when they call upon the With warm regards, volved in the children’s education and ROBIN H. CARLE, President and the United States to de- to trust the schools they send their Clerk, U.S. House of Representatives. mand that China’s human rights record kids to every day. f be condemned, its prisoners of con- I do not care if these schools are b science released, and demand political charter schools, public schools, private 1215 reform in China. schools, or a school on Mars, but it is COMMUNICATION FROM DEPUTY I urge my colleagues to join us in La- not fair to force our kids to go to GENERAL COUNSEL OF CON- fayette Square for a protest rally at 12 schools where they sit in constant fear GRESSIONAL BUDGET OFFICE noon in front of the White House. for their lives, where the roofs leak and f The SPEAKER pro tempore (Mr. the heat does not work. Why force kids SNOWBARGER) laid before the House the RECOGNITION OF GOOD SCI- to go to schools that do not teach? Let following communication from Jen- ENTIFIC WORK BY GOVERNMENT them attend a school where they can nifer L. Smith, Deputy General Coun- EMPLOYEES have a real educational experience and sel, Congressional Budget Office: a real long-term potential. (Mr. EHLERS asked and was given U.S. CONGRESS, It is simple: The Republicans offer permission to address the House for 1 CONGRESSIONAL BUDGET OFFICE, minute and to revise and extend his re- the Nation’s children hope and oppor- Washington, DC, October 27, 1997. marks.) tunity, while across the aisle all they Hon. NEWT GINGRICH, Mr. EHLERS. Mr. Speaker, very can offer is status quo. Speaker, U.S. House of Representatives, often from this podium we hear criti- f U.S. Capitol, Washington, DC. DEAR MR. SPEAKER: This is to notify you, cism of our Government and of our Na- pursuant to Rule L of the Rules of the House tion, and rightfully so, because we ex- SAY NO TO EXPLOITING CHEAP LABOR AND THE ENVIRONMENT of Representatives, that the Congressional ercise an oversight role. But I believe Budget Office has been served with a sub- we have an obligation also to point out (Mr. DEFAZIO asked and was given poena issued by the Superior Court of the when the Government does something permission to address the House for 1 District of Columbia. good and something right. I would like minute and to revise and extend his re- After consultation with the General Coun- to mention two such items that have marks.) sel of the House of Representatives, I will make the determinations concerning the happened recently. Mr. DEFAZIO. Mr. Speaker, I noticed First of all, Dr. William Phillips, of subpoena as required under the Rule. yesterday that the President gave a Sincerely yours, the National Institute of Standards speech and he said that those who op- JENNIFER L. SMITH, and Technology, recently shared a pose his fast track authority have an Deputy General Counsel, Nobel Prize for physics for research ignorance of the new world inter- Congressional Budget Office. that he had done on cooling atoms. national economy. f This is a very esoteric field of research, I saw the face of the new world econ- and it has real promise for the future, ANNOUNCEMENT BY THE SPEAKER omy last weekend, and I would like the PRO TEMPORE particularly for precise timekeeping, President to hear about it. He should and will improve our time-standard ac- go to Juarez, Mexico: a 77-percent in- The SPEAKER pro tempore. Pursu- curacy by a factor of 100. crease in maquiladora jobs since fast ant to the provisions of clause 5 of rule In a recent science magazine I no- track passed. I, the Chair announces that he will ticed also that William H.F. Smith Two-earner families living in hovels postpone further proceedings today on from the National Oceanic and Atmos- without water, heat, or even walls. each motion to suspend the rules on pheric Administration and David They are made of pallets and packing which a recorded vote or the yeas and Sandwell from Scripps Institution have crates. Working 45 hours a week for nays are ordered, or on which the vote succeeded in mapping the world, in- U.S. corporations, jobs that were here is objected to under clause 4 of rule cluding the ocean floors, from sat- before NAFTA, for $40 a week. No envi- XV. ellites. What I am displaying here is a ronmental controls, no labor protec- Such rollcall votes, if postponed, will remarkable map, obtained for the first tions, no right to organize. That is the be taken after debate has concluded on time in history, showing all the topo- face of the new world economy, Mr. all motions to suspend the rules, but graphical details of the land and under- President. not before 5 p.m. today. sea surfaces. This will be extremely There is one place we are running a f useful in analyzing effects such as El surplus today, that is in Latin and Nino and determining how to improve SENSE OF THE HOUSE REGARDING South America. And now the President DOLLARS TO THE CLASSROOM our fisheries. wants fast track authority to go down I commend these scientists as well as Mr. GOODLING. Mr. Speaker, I move there and see if he can screw that up Dr. Phillips for the good work they to suspend the rules and agree to the too, and take more of our jobs south of have done. We are proud of them, and resolution (H. Res. 139) expressing the the border so our corporations can ex- proud to have them as Government em- sense of the House of Representatives ploit cheap labor and the environment. ployees. that the Department of Education, No. f States, and local education agencies f should spend a greater percentage of REPUBLICANS OFFER THE NA- Federal education tax dollars in our COMMUNICATION FROM THE TION’S CHILDREN HOPE AND OP- children’s classrooms, as amended. PORTUNITY IN EDUCATION CLERK OF THE HOUSE The Clerk read as follows: (Mr. MILLER of Florida asked and The SPEAKER pro tempore laid be- H. RES. 139 was given permission to address the fore the House the following commu- Whereas we know that effective teaching House for 1 minute and to revise and nication from the Clerk of the House of takes place when we begin (1) helping chil- extend his remarks.) Representatives: dren master basic academics, (2) engaging H9568 CONGRESSIONAL RECORD — HOUSE October 28, 1997 and involving parents, (3) creating safe and cation program funds will ultimately reach ing taxes which they assume are to orderly classrooms, and (4) getting dollars to classrooms, when feasible and consistent schools, but most of the money doesn’t the classroom; with applicable law. make it to the classroom where it Whereas our Nation’s children deserve an The SPEAKER pro tempore. Pursu- should be. We should have had this bill educational system which will provide op- ant to the rule, the gentleman from portunities to excel; a long time ago.’’ Whereas States and localities must spend a Pennsylvania [Mr. GOODLING] and the Mr. Speaker, if Members will not significant amount of Federal education tax gentleman from California [Mr. MAR- take my word for it, at least listen to dollars applying for and administering Fed- TINEZ] each will control 20 minutes. the children who attend public schools eral education dollars; The Chair recognizes the gentleman across America each day, or listen to Whereas several States have reported that from Pennsylvania [Mr. GOODLING]. the teachers. although they receive less than 10 percent of Mr. GOODLING. Mr. Speaker, I yield Helen Martin, a teacher in the their education funding from the Federal such time as he may consume to the Unionville-Chadds Ford School District Government, more than 50 percent of their gentleman from Pennsylvania [Mr. in Pennsylvania stated this: ‘‘It is very paperwork is associated with those Federal dollars; PITTS], the author of the resolution. frustrating to see so much tax money Whereas while it is unknown exactly what (Mr. PITTS asked and was given per- go to Washington for education and not percentage of Federal education dollars mission to revise and extend his re- to see funds in the classroom that have reaches the classroom, a recent audit of New marks.) been appropriated for education. Please York City public schools found that only 43 Mr. PITTS. Mr. Speaker, it is an return more education tax dollars di- percent of their local education budget honor for me today to stand before the rectly to the students of our Nation reaches the classroom. Further, it is thought House to support the Dollars to the who will become the scientists, busi- that only 85 percent of funds administered by Classroom resolution, an initiative I ness people and lawmakers of the 21st the United States Department of Education have been working on since early this century.’’ for elementary and secondary education Mr. Speaker, I beg Members to not reach the school district level. Even if 65 per- year. As a former high school math and cent of Federal education funds presently science teacher in public schools and turn a deaf ear to the children and the reach the classroom, it still means that bil- because my own children have been teachers of our Nation. Let us get lions of dollars are not directly spent on educated in public schools, I know of America’s hard earned tax dollars away children in the classroom; the importance of America’s public from beltway bureaucrats and into the Whereas American students are not per- schools. With this background, I rise classroom. Let us use the money for forming up to their full academic potential, books, computers, maps, microscopes, despite significant Federal education initia- today in strong support of America’s public schools and the students that and teachers. tives, which span multiple Federal agencies; It is our choice. We have a vote today Whereas, according to the Digest of Edu- attend them each day. cation Statistics, in 1993 only $141,598,786,000 Today the House will have a chance that will impact America’s kids. We out of $265,285,370,000 spent on elementary to strongly support public education have a moral responsibility to dras- and secondary education was spent on ‘‘in- when we vote on the Dollars to the tically improve our current education struction’’; Classroom resolution. The Dollars to system for our children. If we are real- Whereas, according to the National Center the Classroom resolution urges that we ly serious about supporting public for Education Statistics, in 1994 only 52 per- get at least 90 percent of Federal edu- schools, the choice is clear. Vote for cent of staff employed in public elementary the Dollars to the Classroom resolu- and secondary school systems were teachers; cation tax dollars to the classroom, to the individual who knows the name of tion. Vote for the kids in the public Whereas too much of our Federal edu- education system. cation funding is spent on bureaucracy, and each child. This could mean an addi- Mr. Speaker, I include the following too little is spent on our Nation’s youth; tional $1,800 in public classrooms material for the RECORD: Whereas getting 90 percent of Department across America. of Education elementary and secondary edu- Do my House colleagues realize that MOVING DOLLARS TO THE CLASSROOM cation funds to the classroom could provide currently we are wasting billions of (By Representative Joseph Pitts) substantial additional funding per classroom education tax dollars each year? Let ‘‘People are taking our parents for grant- across the United States; ed, because they’re paying taxes which they Whereas more education funding should be me give Members an example of this assume are to schools, but most of the put in the hands of someone in a child’s waste. The Department of Education money doesn’t make it to the classroom classroom who knows the child’s name; funds tens of thousands of publications, where it should be’’—5th Grader Glenisha Whereas burdensome regulations and man- 21,922 to be exact, that are available for Danyelle McLellan dates should be removed so that school dis- each of us to purchase, for a fee I might Glenisha’s statement is undeniable—a sig- tricts can devote more resources to children add. nificant portion of federal education dollars in classrooms; There are 140 studies on checklists do not make it into classrooms. In the midst Whereas President Clinton has stated: ‘‘We of rapidly growing federal education budget, cannot ask the American people to spend that are listed. There are 13 studies on the actual amount of funds making it into more on education until we do a better job welding. There are 260 studies on sur- classrooms—where the fundamental basics of with the money we’ve got now.’’; veys. There are 26 studies on camping. reading, writing, and arithmetic are Whereas President and Vice President Gore There are close to 100 studies on edu- taught—is being siphoned off by an increas- agree that the reinventing of public education researchers researching their re- ingly large Washington-based education bu- cation will not begin in Washington but in search techniques. There are three reaucracy. As a former high school math and science communities across America and that we studies entitled ‘‘Cement: The Concrete must ask fundamental questions about how teacher, I have seen and experienced first- our public school systems’ dollars are spent; Experience.’’ I would rather empower hand the funding shortfalls many schools and teachers to buy books for classrooms face each year. Some have tartered text- Whereas President Clinton and Vice Presi- than to fund studies on cement. books dating back more than a decade. In dent Gore agree that in an age of tight budg- In short, the question is, do we fund many urban areas, teachers lack the funds to ets, we should be spending public funds on bureaucrats or books? A vote against buy basic necessities such as new crayons, teachers and children, not on unnecessary the Dollars to the Classroom resolution pencils and paper for their students. Year overhead and bloated bureaucracy: Now, is really a vote for the bureaucracy. We after year, thousands of teachers nation- therefore, be it wide—in affluent and poor districts alike— Resolved, That the House of Representa- do not want to become so entrenched are not given the proper resources to con- tives urges the Congress, the Department of in the beltway mindset that we have duct the necessary classroom experiments Education, States, and local educational forgotten why we are here. that facilitate the learning process. agencies to— Let me take a minute to remind my After one studies this ‘‘resource gap’’ in (1) determine the extent to which Federal colleagues. We are here for kids like our nation’s classrooms, it becomes abun- elementary and secondary education dollars Melissa who writes, and I quote, ‘‘My dantly clear that the answer to these prob- are currently reaching the classroom; social studies book was new in 1988. lems does not lie in increased education (2) work together to remove barriers that Hey, it’s 1997. We need to get new funding. Indeed, the problem in education is currently prevent a greater percentage of not how much we spend, but how we spend it. funds from reaching the classroom; and books.’’ And Glenisha who says, and I By propping up bureaucracies instead of pro- (3) work toward the goal that at least 90 quote, ‘‘I support this bill because it viding local schools, teachers and parents percent of the United States Department of seems as if people are taking our par- with the resources they need, we have failed Education elementary and secondary edu- ents for granted, because they’re pay- our nation’s children. October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9569 In his most recent State of the Union ad- 82 studies on calculators. ing represents about six percent of total edu- dress, President Clinton declared that edu- And that is just a small fraction of a small cation spending in this area), it is significant cation would be his ‘‘number one priority for sampling of the publications available. nonetheless. The $5.4 billion currently wast- the next four years.’’ Mr. Clinton should ful- Additionally, these reports are not avail- ed on bureaucracy could provide a windfall of fill that commitment by working to ensure able for free; the USDE charges a fee for each funds for every classroom in America. that a very high percentage of every federal report, so those wondering what ‘‘Cement: If the federal government sent approxi- dollar spent on education is channeled di- The Concrete Experience’’ is all about must mately 90 percent of current federal edu- rectly to a classroom, instead of remaining pay to find out. This is a tragic waste of tax- cation dollars directly to the classroom, it in the seemingly endless labyrinth of pro- payer dollars. Not only are the bureaucrats would translate into an additional $1,800 for grams which originate in Washington, DC. in Washington consuming money that could every classroom in America. The impact of This goal is one that has already been em- be directed to local schools to fund studies such an infusion of resources would be felt braced by Republicans. on all-too-often irrelevant topics, but the immediately by every teacher and every stu- At present, it is unknown exactly what USDE then forces teachers to use limited dent in every school across the country. percentage of federal education dollars reach classroom resources to purchase copies of An additional $1,800 for every teacher to the classroom. What is known, however, is the few studies that may prove useful. use provides a number of possibilities for im- that the federal education bureaucracy is a This dizzying logic lends an insight into proving the quality of education: multi-layered behemoth that saps up billions the USDE’s funding priorities. As President $200 purchases a microscope, and a child of dollars that are desperately needed in Herbert Hoover once noted: ‘‘In all bureauc- can see a double helix strand of DNA. America’s classrooms. racies there are three implacable spirits— $70 purchases a sling psychrometer, which As part of the effort of the Republican ma- self-perpetuation, expansion, and incessant students could use to measure the relative jority to ensure that more dollars are di- demand for more power.’’ Indeed. humidity and predict the weather. rected into classrooms, the House Commit- GRANT PROCESS: 21 WEEKS, 216 STEPS A mere $10 obtains flash cards, allowing tee on Education and the Workforce has ini- Another frustrating example of waste in students to practice time tables with a tiated a far-reaching project—‘‘Education at the federal education system is the extraor- friend. $50 buys a globe or a set of maps, allowing a Crossroads: What Works? What Is Wast- dinarily long grant application process children to improve their geography and ed?’’—to evaluate the extent and quality of teachers across the country must endure. their knowledge of nations across the seas. federal involvement in education. Led by The USDE has made applying for a grant so And $1,500 buys a computer with enough Subcommittee on Oversight and Investiga- complicated that many teachers never even desktop space, RAM, and Internet access to tions Chairman Pete Hoekstra (R-MI), the bother, feeling the benefits (the money) allow every student in the classroom to ex- Committee has unearthed a federal edu- don’t outweigh the costs (countless lost perience the vast amount of educational in- cation bureaucracy consisting of 760 dif- hours). formation available at his or her fingertips. ferent programs in 40 separate departments Teachers who do choose to try to secure In some cases, that new found money may and agencies, costing taxpayers more than federal grants must waste hours upon hours be the difference between new textbooks and $100 billion a year (1997 figures). on an application process that takes 21 continuing to use those from the early 1970s. Currently, the federal government spends weeks and churns through no less than 216 Without a doubt, placing $1,800 at the dis- approximately $15.4 billion on elementary tedious steps of bureaucratic red tape. And posal of a creative and hardworking teacher and secondary education programs. The best that’s just to apply for a grant. In the end, can and will make a substantial difference estimate suggests that about $5.4 billion there is no guarantee of actually receiving for our children, their education, and their never reaches the classroom. Instead, this the funds. futures. money is consumed by numerous layers of Interestingly enough, the aforementioned Teachers and superintendents agree that administration, paperwork, publications, 21 week process involving 216 steps was re- the ‘‘resource gap’’ in the classroom must be studies, and an intensive grant application cently highlighted by the USDE as a signifi- narrowed. At a recent Education at the process. cant accomplishment. Previously, the grant Crossroads hearing in Washington, Helen This federal bureaucracy, coupled with the process involved more than 400 steps and Martin, a high school science teacher from waste endemic in many state education bu- took an additional 5 weeks. While the new Uninoville, Pennsylvania told legislators: reaucracies, results in fewer and fewer dol- ‘‘shortened’’ process should certainly be ap- ‘‘It is very frustrating to see so much tax lars actually reaching the classroom. For in- plauded, it is a long, long way from satisfac- money go to Washington for education and stance, a recent audit of New York City pub- tory. not see funds in the classroom that have lic schools found that only 43 percent of the The USDE also recently highlighted addi- been appropriated for education. Please re- local education budget reached the class- tional steps it has taken to make the De- turn more education tax dollars directly to room. The Wall Street Journal has reported (3/ partment more efficient and more effective. the students of our nation who will become 27/96) that 24.6% of U.S. public education One achievement so noted was a reduction in the scientitis, business people and law- spending (federal, state, and local) goes to the paperwork burden imposed by the federal makers of the 21st century.’’ non-teaching personnel. education establishment by 10 percent or 5.4 Dr. Linda Schrenko, the state Super- The U.S. Department of Education (USDE) million hours. However, even with this im- is chock full of examples of wasteful spend- intendent of Schools in Georgia has noted: provement, 48.6 million hours of paperwork ‘‘Administrators from Washington will ing. In many cases, programs and policies is still required by USDE policies. That never meet the needs of individual children. can be eliminated, thus freeing up more re- amounts to the equivalent of 24,300 employ- . . . I cast my vote for returning as many sources to be utilized directly by those actu- ees, working 40 hours per week, for an entire dollars directly to local schools as we are ally doing the teaching. year. Again, the recent improvements are able. . . . Less bureaucracy on all levels will Two prime examples are the USDE’s volu- welcomed, but there is a long, long way to allow more dollars to directly reach the stu- minous collection of ‘‘studies,’’ and the time- go. dents in the classroom.’’ consuming grant process. While there are The USDE ‘‘studies’’ and grant process are This debate is not about what we should do certainly other problem areas that need a just two examples of areas where we must with the federal Department of Education. close examination, these two serve as effec- demand a better return on our education dol- Instead, it is about bringing accountability tive ‘‘case studies.’’ lar. Furthermore, I have no doubt that to this federal agency in a way that ensures CEMENT: THE CONCRETE EXPERIENCE Chairman Hoekstra and other members of that children, not bureaucrats, are the final According to the USDE, it ‘‘publishes a the subcommittee will uncover additional winners. wealth of information for teachers, adminis- areas ripe for reform as they continue work- In 1996, while speaking to the nation’s gov- trators, policymakers, researchers, parents, ing on the Education at a Crossroads project. ernors, the President stated: ‘‘We cannot ask students, and others with a stake in edu- $1,800 FOR EVERY CLASSROOM IN AMERICA the American people to spend more on education.’’ A recent search of the USDE’s Considering the funding shortfalls many cation until we do a better job with what Home Page on the World Wide Web found teachers experience, and having identified an we’ve got now.’’ That is something we can that the database currently contains descrip- enormously large and wasteful bureaucracy, all agree on. tions of 21,922 different studies published it seems that an important policy initiative Our efforts to move ‘‘Dollars to the Class- since 1980. The subjects covered in these re- would be working to move more dollars di- room’’ will force the Washington bureauc- ports span the horizon, ranging from Eski- rectly into classrooms, while spending less racy to do a better job with the money we mos to cement. on propping up the establishment in Wash- are already spending. And through the Edu- A brief, and by no means comprehensive, ington. One proposal that would move policy cation at a Crossroads project, Chairman examination of the list of studies reveals: in this direction is the ‘‘Dollars to the Class- Hoekstra is working to help identify the pro- 1767 studies on career planning; room’’ resolution, which calls on the USDE grams that are effective at accomplishing 140 studies on check lists; to send 90 percent of the money it earmarks this goal, as well as those that are undermin- Nearly 100 studies on education researchers for elementary and secondary education di- ing it. researching their research techniques; rectly into classrooms. On still another occasion President Clinton 260 studies on surveys; While the federal government actually added, ‘‘In an age of tightening budgets, we 3 studies on ‘‘Cement: The Concrete Expe- funds a relatively small portion of elemen- should be spending public funds on teachers rience’’; and tary and secondary education (federal spend- and children, not on unnecessary overhead H9570 CONGRESSIONAL RECORD — HOUSE October 28, 1997 and bloated bureaucracy.’’ Now, if only the ago less than 60 percent of funds spent plus support local schools’ renewal message could get through to the money on elementary and secondary edu- plans that are developed by stakehold- handlers at USDE. cation was spent on instruction. I do ers in our communities’ public school Raising the question ‘‘Where is the money spent?’’ is well worth the time it will take to not know how we can confirm the accu- system, and encourage States to adopt bring this subject to the forefront of debate. racy of that statement when, as we all rigorous standards of academic per- For too long, liberals have claimed that in- know, the determination of whether an formance. These are actual solutions to creased federal funding is the ultimate prob- expense is classified as administrative the problems we encounter in our edu- lem-solver. Yet, ever-increasing education or instructional varies from one school cational system. These are what we budgets have demonstrated otherwise, as district to another. Some schools clas- should be debating, not meaningless test scores continue to decline. sify teacher aides and professional de- House Education and the Workforce Chair- politically minded resolutions. man Bill Goodling (R-PA) has noted time velopment as administrative costs Finally, Mr. Speaker, I find it ironic and again that we know children are achiev- while others classify that as instruc- that the one instance in which the ma- ing when we invest in programs that help tional. In this instance and in many jority decides to work together in a bi- students master basic academics, engage and others throughout the resolution, the partisan manner is on a measure that involve parents, and move dollars into class- claims advocated by the majority does nothing to respond to the Nation’s rooms. These are the activities of local clearly have absolutely no basis in educational needs. I challenge my Re- schools, teachers, and parents, not pencil- fact. publican colleagues to work together pushers and bureaucrats in Washington. Another misleading premise is that Basic academics and more dollars to the in a bipartisan fashion to address those classroom are a winning combination. Now, the Department of Education and the tangible issues which I previously out- we must ensure the best education possible program it operates are gobbling up lined that will truly help our Nation’s for the most number of students, and the funds for wasteful administrative pur- children. Everyone in this body needs best way to accomplish that goal is to see poses rather than targeting dollars for to remember, we need to provide solu- that our tax dollars make it right back into the classroom. This conclusion is mis- tions, not resolutions. the classroom. When federal education dol- leading and was never proven by the Mr. GOODLING. Mr. Speaker, I yield lars seep into the pools of Washington’s 40- majority during the committee consid- agency education bureaucracy, the exact op- myself 30 seconds just to say that after posite happens—millions of students lose out eration of this legislation. Nearly all 35 years of Democrat control, their res- on available funding. major education programs, and that is olutions and their legislation was well- As H.G. Wells said in his famous Outline of what we are really talking about, is intended. Unfortunately, it struck out. History, ‘‘Human history becomes more and the programs, include a 5 percent cap Mr. Speaker, I yield 2 minutes to the more a race between education and catas- on funds that may be used by State and gentlewoman from Missouri [Mrs. EM- trophe.’’ No one would disagree with that. local educators for administrative pur- ERSON]. And no one would deny that this is a race we poses. The statutory limits contained Mrs. EMERSON. Mr. Speaker, I am must win. Today, Republicans are launching a num- in our federal election laws specifically proud to support House Resolution 139, ber of initiatives designed to help America ensure that the funds we provide are the dollars to the classroom resolution. win that race. The ongoing Education at a going to benefit our Nation’s students, I commend the gentleman from Penn- Crossroads project continues to illuminate not the bureaucracies the majority sylvania [Mr. PITTS], the sponsor; the problem areas and success stories in edu- claims. The limited administrative gentleman from Pennsylvania [Mr. cation. The ‘‘Dollars to the Classroom’’ reso- costs that do exist focus in large part GOODLING] and the Committee on Edu- lution will help refocus our efforts on children, not bureaucracies. These Republican on accountability and quality improve- cation and the Workforce for their con- projects will help ensure a stronger edu- ments, and that is something that we tinual hard work to ensure that real cation system, and a brighter future for should all be concerned with. Addition- reform occurs in our Nation’s edu- every American student. ally, nearly all States are presently cation system. Mr. MARTINEZ. Mr. Speaker, I yield taking advantage of a new provision in Mr. Speaker, this resolution would myself such time as I may consume. I the Elementary and Secondary Edu- simply set a goal that at least 90 per- think we can all agree on the impor- cation Act which permits a single con- cent of Federal elementary and second- tance of sending the majority of edu- solidated application for many Federal ary education dollars reach the class- cation dollars to the classroom, but in grant programs. room. It is currently estimated that fact this resolution does not ask for Mr. Speaker, rather than wasting only 65 percent of all Federal funds ac- that. This resolution asks that 95 per- time debating a resolution designed to tually reach our Nation’s classrooms. cent of the program dollars go to the undermine public education, we should This town is notorious for talking classroom, and in fact that is already adopt instead a positive approach to about reforming this education system, what is happening. But having said educational progress, one that empha- but this dismal statistic proves that that we all feel that the majority of sizes how the Federal Government can nothing has been accomplished. education dollars should go to the assist local school reform or help pre- The dollars to the classroom resolu- classroom so that children can receive pare crumbling schools that they are tion is a great way to send a message a quality education, I have to stipulate now in desperate need of. These are the to the administration that we in Con- that I do not agree with the rationale solutions, not resolutions, I was refer- gress are prepared to invoke real re- and the myths outlined in this present ring to earlier. form at the Department of Education. resolution that is before us today. I The Democratic caucus I believe has Our goal should be an education sys- wonder why we are consuming our pre- adopted an education agenda that will tem where every child can outscore, cious floor debate time on this unnec- truly help ensure a quality education outperform and outcompete the stu- essary rhetoric instead of considering for our Nation’s children and respond dents of every other Nation in the measures which will truly improve the to the needs of our public education world. It is time to put our children be- public education of our children. system. This agenda emphasizes early fore bureaucrats. The decision of how I believe this body needs to act upon childhood development, well-trained our education money is spent needs to solutions, not resolutions, in our quest teachers, relief for crumbling and over- be made by local teachers, local admin- to respond to the educational needs of crowded schools through the rebuilding istrators and parents, not the Federal our children. Playing politics through of our Nation’s educational infrastruc- Government. It is time that we invest the consideration of this resolution is ture, support for local plans to renew more wisely, and we must spend our not the proper nor justified response to neighborhood public schools and co- education dollars where they can our problems in the education system. ordination of an efficient use of exist- achieve the most, right in the class- Despite the obvious political goals of ing resources. The Democratic agenda room. the majority on this resolution, which will ensure that every child will be This resolution would mean as much is to embarrass the Department of Edu- ready to learn to read by the time they as $1,800 would be added to each class- cation, I believe it is necessary to point enter kindergarten and bring down stu- room budget. At Houston Middle out some of its obvious mistruths. dent-to-teacher ratios and provide School in southern Missouri, where I Among the many premises of this quality instruction and assist schools taught a class last week, $1,800 is the measure is the statement that 3 years to wire the classrooms to the Internet difference between having computers October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9571 and much newer books and other much eral Government, more than 50 percent is a matter entirely separate from this needed learning resources in that class- of their paperwork is associated with resolution. This resolution is only room. They desperately need it. It is fi- those Federal dollars. talking about the Federal money. We nally time for Congress to take a stand That statement is absolutely unsub- have been very careful in determining and do what is right for our Nation’s stantiated. There is no evidence that the way in which the funding is to be children. I urge my colleagues to sup- the States spend 50 percent of their pa- allocated in terms of all of the pro- port the dollars to the classroom reso- perwork on Federal programs. So I grams that we have implemented. lution. think that that is an outrageous state- Programs for special education and ment that in itself calls for a negative b 1230 for other matters are clear in their dis- vote on this resolution. tinction as to how the funds are to be Mr. MARTINEZ. Mr. Speaker, I yield Furthermore, there is an assault spent. I think one has to look at the such time as she may consume to the statement on the New York City public newly developed Coopers & Lybrand ac- gentlewoman from Hawaii [Mrs. MINK]. school system. The resolution says counting package, and the analysis of Mrs. MINK of Hawaii. Mr. Speaker, I ‘‘while it is unknown exactly what per- the Milwaukee school district which thank the gentleman for yielding me centage of Federal education dollars shows that 93 percent of all title I time. reaches the classroom, a recent audit funds went to the classroom for in- Mr. Speaker, I rise today in opposi- of New York City public schools found structional support and 90 percent of tion to House Resolution 139, the dol- that only 43 percent of their local edu- all title I funds were spent at the lars to the classroom resolution. The cation budget reaches the classroom.’’ school level. resolution, if you take a moment to There is no evidence to that fact re- In the State of South Carolina, we read it, in its resolve clause, is per- garding this particular school system. had the opportunity to hear from the fectly admirable and legitimate. It In any event, it is not relevant to this Superintendent of Education, Barbara says the House of Representatives resolution, because all that the resolu- Stock Nielsen, who testified on May 8 urges the Congress and the U.S. De- tion is attempting to discuss are Fed- of this year that the vast majority of partment of Education, the States and eral dollars, not local and State dol- Federal dollars do reach the classroom local agencies, to determine the extent lars. So that whereas clause simply is and that it is probably easier to track to which Federal elementary secondary not relevant, as it deals with local the Federal dollars than it is the State education dollars are currently reach- funds. and local dollars. ing the classroom and then work to- The resolution also states even if 65 Mr. Speaker, given the facts that we ward a goal of at least 90 percent of the percent of the Federal education dol- know, that we have been presented in funding to be utilized in that way. lars presently reach the classroom, it the subcommittee, it is clear that the still means that billions of dollars are I do not believe there is a single Federal Government is doing an excel- not directly spent on the classroom. Member of the Congress that will argue lent job. Let us not pass a resolution against such a resolution. This is absolutely a false statement. Whoever said only 65 percent of Federal that disparages Federal aid to edu- What troubles us and why the Demo- cation with facts stated in the whereas crats on the Committee on Education education funds reach the classroom? There is already evidence in the record clause that are absolutely unfounded, and the Workforce all voted against unsubstantiated, and in many cases to- this resolution is because the whereas to indicate that between 95 and 98 percent of the funding from the Federal tally false. clauses contain in them absolutely un- So I urge my colleagues to vote down Government actually gets to the local founded, unsubstantiated conclusions. this resolution. It may feel good to say If these conclusions were actually school districts. We have testimony in our record you want more money to get to the factual, why are they calling upon the here, the gentleman from Missouri [Mr. students and to the classrooms, but I Congress and the Federal Government BLUNT], in response to my question ask you to look at the whereas clauses and the States to study this matter? If said in discussing this matter with oth- and see how inconsistent they are and they have all the facts, that should be ers, he thinks ‘‘the average in the vote down this House Resolution 139. it. country is somewhere between 93 and Mr. GOODLING. Mr. Speaker, I yield But the very fact that they are call- 98 percent actually getting to the dis- 1 minute to the gentleman from Penn- ing upon the Congress and the Federal tricts.’’ sylvania [Mr. PITTS] to discuss this. Government and the States to look at So I cannot imagine where there is Mr. PITTS. Mr. Speaker, in response this and to determine exactly what is any truth whatsoever in this statement to the gentlewoman who said there was reaching the classroom is discounted about 65 percent of the Federal edu- no evidence or substantiation, let me by the fact that more than half of the cation dollars reaching the classroom. quote from the testimony that she whereas clauses contain in them what I So on with the rest of the resolution. should have heard when the hearing consider absolutely fallacious conclu- It makes mention of the Digest of Edu- was held before the committee. A quote sions regarding the subject matter. cation Statistics, regarding total from Lisa Graham Keegan, the Arizona I believe that it is intentionally so money local and State that are spent State Superintendent, who said Fed- stated, because it wishes to disparage in elementary secondary schools. This eral funds account for 10 percent of the the idea of Federal funds for education. resolution is dealing with only talking education funding, but 50 percent of I think that we have to look very about Federal dollars, so let us stick to their paperwork burden. Dr. Charles closely at the whereas clauses and not the subject matter, and not mix apples Garris, superintendent of Unionville- just be sucked into voting for the reso- with oranges. Chadds Ford School District, my own lution because of the resolve clause. I I believe that there is ample evidence district, came and presented testi- stand here today and urge my col- in all the statistics that are available mony, talking about Federal funds leagues on both sides of the aisle to that 93 percent of our Federal dollars only. read this resolution carefully and see if are actually reaching the school dis- He said that even at the local level, there is any reason to support the tricts. after the administrative overhead from whereas clauses. The resolution states too much of the Federal, at the local level, 25 per- There is absolutely nothing to indi- our Federal education funding is spent cent of the funds never reach the stu- cate in the testimony given to the sub- on the bureaucracy and too little spent dents that they were intended to serve, committee that all of the funding that on our Nation’s youth. and he detailed the expenditure of is intended to go to the classrooms or The U.S. Department of Education those funds. Then he had a stack of pa- the school districts are not so being has come repeatedly before our com- pers, an application for a Federal funded. Yet this resolution makes gen- mittees and stated that only 2 percent grant. He put it down and he said, eral conclusions that the money is not of its budget is spent on administrative ‘‘This takes 5 months to apply, and getting to the schools. costs. So the rest of it goes down to the still, after 5 months of applying, going The resolution states although the States. through 216 steps, we don’t know States receive less than 10 percent of If we mean to incriminate how the whether we will get any. I will not even their education funding from the Fed- States handle their budgets, then that apply.’’ H9572 CONGRESSIONAL RECORD — HOUSE October 28, 1997 Mr. MARTINEZ. Mr. Speaker, I yield The Federal Government has no way Federal programs, except the moneys myself such time as I may consume. of dictating to States what they ex- they use for the publications that they Mr. Speaker, we have heard that pend for administration or other paper- are allowed to make in the budget that claim, and I wonder when that claim or work requirements in their own State. they get which is appropriated by this statement was made, because, more re- The Federal Government does not con- Congress for those specific purposes, is cently, innovations at the Department trol that. not used for the programs, and the proof Education through programs like The Federal Government does have gram money, more than 95 percent, is Ed-Flex and other waiver initiatives of caps in the Federal Government on actually ending up in the classroom. the Education Department has allowed how much can be spent on administra- b 1245 States and localities to waive statu- tion. So to say in one breath that the That is the only thing this Federal tory and regulatory requirements of State and Federal governments are Government cannot control. As an av- several Federal education programs, guilty of an excessive cost of adminis- erage, throughout the United States, such as Even-Start, migrant education, tration and overhead regarding paper- only 6 percent of the money that local Eisenhower Provisional Development work is a misstatement, and it is a schools receive in assistance to their Safe and Drug-Free Schools, commu- misleading statement. budgets is from the Federal Govern- nity programs, innovation education Nobody is against as many of the ment. Of that, they are getting the ma- programs, emergency immigrant edu- funds as possible going to the class- jority in the classroom. cation, and the Perkins Vocational room. The Federal programs, as out- Mr. Speaker, I reserve the balance of Education Programs. lined by the gentlewoman from Hawaii my time. Twelve States currently are Ed-Flex [Mrs. MINK] have stated that up to 93 Mr. GOODLING. Mr. Speaker, I yield States. So if a State wants to apply for percent, and maybe more, in most 1 minute to the gentlewoman from that, they have the option to do that. cases, are going, of Federal dollars, are Washington, Mrs. LINDA SMITH. That is still not the problem or the going to the classroom. The only thing Mrs. LINDA SMITH of Washington. major educational problem that our we can control by this resolution is the Mr. Speaker, today I rise in strong sup- education system has in its system Federal dollars going to the classroom. port of this resolution, and I want to today, and I do not think this resolu- Mr. GOODLING. Mr. Speaker, I yield thank the chairman for bringing it to tion, which has no standing in law, be- 1 minute to the gentleman from South the floor. I listened carefully to the de- cause it is just a resolution, is going to Dakota [Mr. THUNE]. bate. It is still confusing because we all do anything to really alleviate any of Mr. THUNE. Mr. Speaker, in our say we want the money to go to the those problems. great State of South Dakota, we have a classroom, but I hear debates against Mr. Speaker, I reserve the balance of fine tradition of public education. My that. my time. children participated in that process. We have to have our No. 1 priority to Mr. GOODLING. Mr. Speaker, I yield We always believe as a matter of policy be the classroom, the hands-on, where 1 minute to the gentleman from Geor- that the State and local governments the teacher knows the child’s name, gia [Mr. NORWOOD]. are those where the function and re- and we have the teaching of the basics, Mr. NORWOOD. Mr. Speaker, I rise in sponsibility primarily for education re- reading, writing, arithmetic. strong support of this resolution. Guar- sides, but as a matter of conviction, What I found when I got to Washing- anteeing that 90 percent of Federal that to the extent the Federal Govern- ton, DC, though, about 3 years ago, was funds for elementary and secondary ment, the taxpayers, are asked for Fed- a lot of apologists for the bureaucracy, schools is spent directly in the class- eral dollars to support education, that fighting hard every day to keep the room is just plain good sense. I cannot those dollars ought to go into the Federal buildings full of bureaucrats, imagine why anybody could be against classroom. when actually we need teachers in the that. My two young girls attend public classrooms at home. This resolution just says 90 percent While there is not complete certainty schools. They are only 2 of the 51 mil- of our Federal dollars, the money we as to the actual percentage of Federal lion students in America who may not pay, and gets to the Federal level, goes education dollars that reach the class- have the resources and supplies nec- into the classroom. How can Members room, we do have available to us sev- essary to prepare them for the 21st cen- argue with that, at a time when people eral studies which suggest that well tury, because we are not getting are saying, go back to the basics, we over 30 percent of these funds are eaten enough of the Federal funding into the want local control? up by the Federal and State bureauc- classroom. I urge a strong vote ‘‘yes’’ for this racy. That is why I support this resolution. resolution. I have been part of the hearings all With this resolution, it is estimated Mr. MARTINEZ. Mr. Speaker, I yield around the country on the Crossroads that each classroom would receive an myself such time as I may consume. to Education. Everywhere we go, we additional $1,800. In my State of South Mr. Speaker, what we are talking hear from local people that these funds Dakota we spend approximately $3,500 about is a half-truth. The Education are eaten up by the bureaucracy. I do per student. Another $1,800 could help Department already sends at least 95 not think this should be so, Mr. Speak- pay for additional computer software, percent of the major education pro- er. I believe that too much of Federal hooking on to the Internet or books. gram money to the States. Only 2 per- education funding is spent on bureauc- I believe in public education. I hope cent is used by the Department for ad- racy and not enough on teaching our my colleagues in this body will show ministration. children. their support for public education by Mr. Speaker, I yield such time as she I believe that we should support this supporting a resolution which will en- may consume to my colleague, the gen- resolution in a bipartisan way, and sure that we get the very best value for tlewoman from Hawaii [Mrs. MINK]. even the Democrats on our committee our tax dollar. Mrs. MINK of Hawaii. Mr. Speaker, I may vote against it. I believe most Mr. MARTINEZ. Mr. Speaker, I yield do not know how often we have said it Democrats in this Congress will sup- myself such time as I may consume. in committee, and we are repeating it port this in a bipartisan way, because Mr. Speaker, here again, I do not again on the floor: the U.S. Depart- they know that the people who actu- know how many times we are going to ment of Education spends only 2 per- ally know our children at home should say this, but the fact is that the figures cent of the total funding for education be the people in charge. that they come up with do not take on its administration. So I do not un- I urge support of H.R. 139. into account that 93 percent of the ele- derstand this accusation of this huge Mr. MARTINEZ. Mr. Speaker, I yield mentary and secondary education bureaucracy consuming the money myself such time as I may consume to spending is done with local dollars, and that belongs to the classrooms and to respond to that. it is locally controlled. the school districts. The statistics are Look, here comes back the same What we are talking about in the res- there, the studies have been made, and story. We are comparing apples and or- olution is an effort to make sure that CRS reports all indicate that the fig- anges when you compare Federal pro- at least 95 percent of these funds get to ures given by the U.S. Department of grams and State programs. the education classroom, and, in the Education are correct, only 2 percent. October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9573 I also want to call to the attention of against balanced budgets, tax relief, As you know, education is the President’s the House that in the various legisla- because those are taxes given to spend highest priority as he works to help all tion that we have passed we have also more money for failed systems. Americans prepare for the challenges of the stipulated not only limitation on Fed- Let me tell the Members, the studies 21st century. The President also has a keen did not even take into account the interest, dating back to the 1993 National eral bureaucracy or Federal adminis- Performance Review, in determining ‘‘what trative costs, but we have put caps on time that principals and administra- works and what is wasted’’ in Federal pro- the State administrative costs. I have tors put into working on the paper- grams. a long list here. I do not know how work. We have heard States saying up I came to Washington to make the changes much time there is. to 50 percent, 50 percent of their costs, needed to help improve teaching and learn- Let us look at Goals 2000. The maxi- are dealing with Federal paperwork. ing in America’s schools. I think you also mum percent that the States can spend Let me give Members an idea. Goals know that I share your interest in local con- on administration is 4 percent of their 2000 that my colleagues mention, and trol of education, focusing on the basics, supporting parents, and getting the most out of grant. Title I LEA grants, 1 percent of say this was a George Bush-Ronald Reagan thing, Goals 2000, look at the Federal education dollars by making sure the grant is a cap on State and local they have the most positive and cost-effec- educational administrative costs; Even number of ‘‘shalls’’ and ‘‘wills.’’ I am tive impact on American classrooms. These Start, a 5-percent limit; title I mi- not a lawyer, but I know a ‘‘will’’ in a principles are at the core of every elemen- grant, a 1-percent limit; Eisenhower line is more important; the States will tary and secondary education initiative pro- Professional Development, a 5-percent do certain things. If they do not composed by the President Clinton, and we re- limit; title VI, a 3.75-percent limit; safe ply, it has to override the board. The main convinced that they are essential to ef- board then sends the recommendations fective education reform. and drug-free schools, a 4-percent Over the last year, various Federal Depart- limit; the vocational basic grants, a 5- for Goals 2000. Think about the group that has to ments, including the Department of Edu- percent limit; adult education, a 5-per- cation, have provided a considerable volume cent limit; IDEA, a 5-percent limit. look at that. Then it goes to Sac- of material to staff of your Committee rel- So we have been careful in under- ramento. Think about just all the ative to the list of more than 700 programs, standing the requirements for adminis- schools in our districts sending all this which have been characterized in press tration, but also the need to get the in to the superintendent, then sending events and public statements as ‘‘education’’ money to the places the legislation in- it to the State and the Governor, and programs directly impacting elementary and tended. In each of these major pieces of then, guess what? There is a big bu- secondary education. reaucracy back here in Washington, A cursory examination of the Committee’s legislation, we have carefully not only list reveals that its size is primarily due to limited the Federal costs of adminis- DC; we know there are problems with three factors. First, education, training and tration, but we have stipulated a limi- it, so they send paperwork back. That outreach are by definition a component of tation on the amount of moneys the takes dollars away. virtually every Federal program activity. State can spend. My wife is an elementary school prin- For example, educational activities are criti- If the States in other programs are cipal. She had to attend a class for 11⁄2 cal to Department of Agriculture efforts to spending more money than they should weeks just to learn how to write a improve nutrition, Department of Health be, that is a State and local matter. So grant to the Federal Government. That and Human Services programs to prevent the spread of disease, and Department of Trans- for those people who are arguing State is not even included, the dollars get down there, then they have to look at portation activities to encourage safety in and local control, that that is the best the transportation sector. Second, the Fed- place to regulate education, then we that. Seven hundred and sixty Federal eral government has a strong interest, deter- ought not to be talking about how they education programs. mined and defined largely by the Congress, spend their money for education. If we Let us look at this. The President in supporting a wide variety of specialized truly believe in local control, that is a wanted $3 billion for a literacy pro- career training and research activities. This matter which the local people, the gram. There are 14. What is wrong with includes training FBI agents and air traffic local State officials, have to come to saying, let us fund 1 or 2, and get rid of controllers as well as much of the research the other 13 or 12 of them? But no, my carried out at the National Institutes of grips with. But insofar as the Congress, Health. Third, for 130 years the Federal gov- as far as Federal administration is con- liberal friends will want to put more money for failed systems and keep the ernment has played a key role in expanding cerned, I believe we have been abso- opportunity and quality at every level of lutely attentive to the needs of the same system going. education, a role primarily filled through Let us look at the results. We are classroom, the school districts, and the programs administered by the Department of 28th in math and science, last of the 15 children. Education. There are, of course, some areas industrialized nations in all core Programs in the first two categories were never designed, nor were ever claimed, before where it is not possible for the moneys courses. Money is the issue, but the money to get down to the classroom, the Committee undertook its current review, to go directly to the classroom; such as to improve the quality and performance of funds for professional development. not to the Federal bureaucracy. Mr. MARTINEZ. Mr. Speaker, I yield our elementary and secondary schools. Pro- This is not a direct classroom benefit; such time as she may consume to the grams in the third category include a signifi- but we are benefiting a teacher who is cant number of activities that support post- gentlewoman from Hawaii [Mrs. MINK]. secondary education, in addition to elemen- going on for further education. (Mrs. MINK of Hawaii asked and was I believe that this resolution is sim- tary and secondary education. According to given permission to revise and extend ply an attempt to haunt the House and our review of the Committee list, this leaves her remarks and include extraneous the U.S. Department of Education with less than one quarter of the programs identi- material.) fied by the Committee that actually deliver all sorts of cobwebs and misguided con- Mrs. MINK of Hawaii. Mr. Speaker, I dollars aimed at improving elementary and clusions, to try to cast an impression include for the RECORD the chart to secondary education. that the Federal Government has been which I made reference, and a letter The Department’s item-by-item review of a wastrel and has not been attentive to from Mr. Riley: the Committee’s list is enclosed for your in- the needs of the students and the needs formation. That review was conducted in U.S. DEPARTMENT OF EDUCATION, of our local school districts. This of consultation with other involved agencies. In Washington, DC, July 14, 1997. short, this review shows that the Commit- course is false. Hon. WILLIAM F. GOODLING, Again, I ask the House to vote down tee’s tally of ‘‘Federal education programs’’ Chairman, Committee on Education and the is significantly overstated. Out of the latest this resolution. Workforce, House of Representatives, Wash- total of 788 programs: Mr. GOODLING. Mr. Speaker, I yield ington, DC. 183 are no longer authorized or funded; 2 minutes to the gentleman from Cali- DEAR MR. CHAIRMAN: I am responding on 139 are postsecondary or adult education fornia [Mr. CUNNINGHAM]. behalf of President Clinton to your letters programs; Mr. CUNNINGHAM. Mr. Speaker, dated May 8, 1997, and June 11, 1997, inviting 71 funds specialized research; only some groups that would want the the President to join in the review and eval- 68 provide employment or job-related uation of Federal education programs cur- training and technical assistance; power to reside in Washington, D.C., of rently being conducted by the House Com- 58 are for the education and training of wasteful spending would oppose this. mittee on Education and the Workforce. I health professionals; Why? They want the power here in am forwarding a copy of this letter to those 47 provide public information or commu- River City; the same people who vote who joined you in writing. nity outreach; H9574 CONGRESSIONAL RECORD — HOUSE October 28, 1997 27 support the arts, museums, or historic Department programs by over 10 percent. We It invites us to work together to re- preservation; are also cutting paperwork by conducting move the barriers that currently pre- 26 provide various services to individuals; more business over the Department’s site on vent a greater percentage of funds from 16 fund construction projects, community the World Wide Web, which is currently vis- development, and community service; and ited about 5 million times each month. Fi- reaching the classroom, from reaching 11 are nutrition programs. nally, no Federal program provides more our kids, and then work toward a goal The remaining 142 Federal programs that flexible support for locally-based education of getting 90 cents of every Federal support elementary and secondary edu- reform efforts than the Goals 2000 program, education dollar into the classroom. It cation, include noninstructional activities for which no regulations were promulgated. simply states we should return a great- like the President’s Council on Physical Fit- The President and I share your determina- er percentage of our Federal dollars ness and Sports, as well as educational out- tion to eliminate unnecessary programs in back to the classroom, and that this is reach activities related to specific agency order to devote the maximum Federal re- missions, such as training science teachers sources to those activities that make a real the most effective place and this is the through the Department of Energy and Avia- difference in improving teaching and learn- place where we can have most of the le- tion Education at the Department of Trans- ing in the classroom. The American people verage with our kids. portation. expect us to work together to help prepare Mr. Speaker, I am glad that my col- Focusing just on the 305 programs identi- their children for tomorrow’s challenges. As league, the gentlewoman from Hawaii fied as Department of Education programs, we work on reauthorizations, including the [Mrs. MINK] is confident that we are 122 are unauthorized, unfunded or simply not upcoming Higher Education Reauthoriza- doing a good job here in Washington. I programs. That leaves 183 Department of tion, the Department wants to continue to Education programs covering pre-K through wish she could have been with us more work on a bipartisan basis to remove obso- often as we went around the country postgraduate education and training, of lete programs from Federal statute as we which 102 programs impact elementary and have done in other legislation over the last and have visited 14 different States, secondary education. several years. have had hearings here in Washington, Despite these sharply reduced numbers of Yours sincerely, and there is a consistent message, what can realistically be characterized as RICHARD W. RILEY, whether it is Milwaukee, New York, ‘‘elementary and secondary education pro- Secretary. Chicago, California, Phoenix, Wilming- grams,’’ the entire list of 788 programs has Enclosure. been cited as proof of (1) wasteful and ineffi- ton, Georgia, Cincinnati, Louisville, cient duplication in Federal programs, (2) an Little Rock, Cleveland, Muskegon, excessive and costly Federal bureaucracy, STATE ADMINISTRATIVE COSTS FOR FORMULA GRANT Michigan. All of these people are tell- and (3) burdensome regulatory and paper- PROGRAMS ing us one consistent thing: paperwork, work requirements on schools and teachers. [Dollars in millions] bureaucracy, and mandates from Wash- In reality, the Clinton Administration work- ington are smothering creativity and ing with Congress has an impressive record Max Amount effectiveness at the local level. They on all three counts: 1997 percent Program Appro. for for are not saying everything is fine, they Beginning with the 1993 National Perform- admin. admin. ance Review, the Clinton Administration has are saying, we are being smothered by taken the lead in eliminating unnecessary or Goals 2000 ...... $476 4.00 $19.0 the paperwork. People at the State leg- Title I LEA Grants ...... 7,194 1.00 71.9 islature are saying, we are being ineffective programs and consolidating du- Even Start ...... 102 1 5.00 5.1 plicative activities. Through fiscal year 1997 Title I Migrant ...... 305 1.00 3.1 smothered by mandates that we need the Department proposed the elimination, Title I N&D ...... 39 1.00 0.4 to pass on to the local school districts. Eisenhower Prof. Dev...... 310 1 5.00 15.5 phase-out, or consolidation of more than 100 Title VI ...... 310 3.75 11.6 No, when we take a look at it from a programs, while Congress has agreed to Safe & Drug-Free/SEAs ...... 415 4.00 16.6 State level, when we take a look at it eliminate 64 programs totaling $625 million. Save & Drug-Free/Governors ...... 104 5.00 5.2 Voc. Ed. (Basic Grants, Tech-Prep) ...... 1,110 5.00 55.5 from a local level, no, everything is not Even with the addition of new programs, the Adult Education ...... 340 5.00 17.0 fine with education and with Federal total administered by the Department fell IDEA State Grants ...... 3,108 5.00 165.4 from 240 in 1995 to under 200 in 1997. The re- IDEA Preschool ...... 360 5.00 18.0 education dollars. We need more local 2 3 cently signed reauthorization of the Individ- IDEA Infants & Families ...... 318 ( ) ( ) parental control, we need a focus on uals with Disabilities Education Act in- Total (not including IDEA Infants) ...... 14,173 2.70 382.7 more basic academics, and we need to cluded program consolidations that will re- Total, ESEA programs ...... 9,255 1.40 129.6 get more dollars to the classroom. duce that number even further. In addition, 1 Authorization allows funds set aside at the State level to be used for Instead of looking at the local level, the President’s 1998 budget request included technical assistance or other activities in addition to State administration. I am disappointed that my colleague, 10 more program terminations, and his pro- 2 No limit. 3 Unknown. the gentlewoman from Hawaii [Mrs. posed reauthorization of the Carl D. Perkins Note.—In all cases, the percentages shown are the maximum amounts MINK] does not agree with our Presi- Vocational and Applied Technology Edu- that States can use for administration. Some States will use smaller dent. Our President recognizes that ev- cation Act would reduce the number of au- amounts for some programs. On the other hand, the maximum amount for a thorized vocational education programs from few programs is actually slightly higher than what is shown because the erything is not fine. In 1996, as we were statute allows States to reserve X% or $Y, whichever is greater; this will 23 to 3. have only a minimal impact on the overall totals, but allows the smallest moving out and spending more money The Clinton Administration has reduced States to use, for administration, a portion significantly greater than the na- on education, what did our President the number of Federal employees to levels tional averages. say? ‘‘We cannot ask the American not seen since the Kennedy Administration. Mr. MARTINEZ. Mr. Speaker, I re- people to spend more on education The Department of Education has actually serve the balance of my time. until we do a better job with the seen its workforce fall by nearly 40 percent Mr. GOODLING. Mr. Speaker, I yield money we’ve got now.’’ since 1980. In fact, the Department today em- The President recognizes we need to ploys over 3,000 fewer individuals than its 4 minutes to the gentleman from predecessor agencies. Partly as a result of Michigan [Mr. HOEKSTRA], chairman of get more dollars into the classroom, this decline, the Department administers the Subcommittee on Oversight and In- the people at the local level recognize more dollars per employee than any other vestigations. we need to get more money to the Cabinet-level agency, and delivers 98 cents of Mr. HOEKSTRA. Mr. Speaker, I classroom. It is only a few here in the every appropriated dollar to States, schools, thank the chairman for yielding time House of Representatives that believe and students. to me, and congratulate him on all the that everything is fine and we do not No President has done more to reduce reg- fine work we have done on the Commit- need to change anything. No, we have a ulatory burden, cut paperwork, and enhance tee on Education and the Workforce, local control of our elementary and second- lot of work to do. We need to move for- ary schools. Under President Clinton’s regu- and also for really allowing our sub- ward. When we are getting somewhere latory reinvention initiative, the Depart- committee to travel around the coun- between 50 to 65 cents of Federal dol- ment has eliminated nearly 40 percent of its try over the last year and hear what is lars into the classroom, we know we regulations. The Department also has great- going on in education and the impact can do better. ly expanded waivers of statutory and regu- that the Federal Government is hav- What are people saying? Dr. Yvonne latory requirements that stood in the way of ing. Chan, from a great charter school we better teaching and learning, including al- Let us take a brief look at exactly visited in California, said ‘‘Don’t lowing State-level officials in 11 States what this resolution is calling for. swamp us with the paperwork and we broad authority to waive Federal requirements as part of the ED-FLEX demonstra- Number one, it asks to determine the can have a lot more money going to tion. Consolidated applications and reduced extent to which the Federal elemen- the kids.’’ This is a woman who saved reporting requirements have helped to retary and secondary education dollars $1 million out of her State budget and duce the paperwork burden on applicants for are currently reaching the classroom. they are focusing it on the kids, and October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9575 they are doing wonderful things in that room can increase teachers’ salaries, cludes giving my constituents the resources charter school in that State. rather than create another form for they need to ensure that our children have the We have seen that around the coun- teachers to fill out. best education possible. House Resolution try, States freeing up administrators, Dollars to the Classroom is more ac- 139 sends that important message. States freeing up teachers at the local countable to the taxpayer because it As we head into the 21st century, it is im- level to focus on what needs to be done would ensure for the first time by pass- portant that the Federal Government work with in the classroom. It is about time ing this resolution that, in fact, 90 per- States and local communities by giving them Washington decides that is the best cent of all funds earmarked for elemen- more flexibility and decisionmaking power to place to go, that we start agreeing with tary and secondary programs get to the shape the policies that are so crucial to our the movements that are going on classroom. By doing this, we start the children's education. House Resolution 139 is around the States to less mandates, process of setting a new standard, the an important step in that direction. more flexibility at the local level, and standard that says that Federal dollars The SPEAKER pro tempore (Mr. more dollars to the classroom. that are appropriated here for edu- SNOWBARGER). The question is on the Mr. MARTINEZ. Mr. Speaker, I yield cation programs really need to get to motion offered by the gentleman from myself such time as I may consume. where kids and teachers are. Pennsylvania [Mr. GOODLING] that the As quickly as I can, Mr. Speaker, at We have heard today about that House suspend the rules and agree to least 95 percent of the Federal dollars study in the New York City school sys- the resolution, House Resolution 139, are reaching the classroom, Federal tem that says that 43 percent of money as amended. dollars I am talking about, for Federal in that district is spent on education; The question was taken. programs. They reach the classroom. 43 percent is not good enough. Throw- Mr. PITTS. Mr. Speaker, on that I The paperwork from Washington is not ing dollars at education will not solve demand the yeas and nays. what is inundating the local school dis- this problem. It is a worn out solution. The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- tricts. If we look at the State of Kan- We need to continue to work toward ant to clause 5, rule I, and the Chair’s sas, it has less than an inch of paper- new solutions. prior announcement, further proceed- work regulations. If we look at the The new solution we are advancing ings on this motion will be postponed. State of California, it is about 17 today is to get the money in the hands inches of paper regulations. That is of teachers, get the money to class- f what these people are complaining rooms, short circuit any bureaucracy, EMPLOYEE RETIREMENT INCOME about. But when we ask the question whether it is bureaucracy in Washing- SECURITY ACT OF 1974 AMEND- wrong, we are going to get the answer ton, in State capitals, or even at the MENTS wrong. local administrative level. Mr. FAWELL. Mr. Speaker, I move to School superintendents and adminis- This is not about power. My friend, suspend the rules and pass the Senate trators support this concept. Teachers the gentleman from California, Mr. bill (S. 1227) to amend title I of the Em- support this concept. Today, Mr. DUKE CUNNINGHAM, says that we are ployee Retirement Income Security Speaker, I urge my colleagues to join hungry for power up here. I have never Act of 1974 to clarify treatment of in- us in supporting this concept. This bill felt that power up here. It is not about vestment managers under such title. power, it is about States’ rights. is different because it sends dollars di- The Clerk read as follows: rectly to the classroom where solutions Mr. GOODLING. Mr. Speaker, I yield S. 1227 can be found. I urge my colleagues to the remainder of my time to the gen- Be it enacted by the Senate and House of Rep- tleman from Missouri [Mr. BLUNT]. support this new strategy that puts our resentatives of the United States of America in (Mr. BLUNT asked and was given children first. Congress assembled, permission to revise and extend his re- Mr. RADANOVICH. Mr. Speaker, as a co- SECTION 1. INVESTMENT MANAGERS UNDER marks.) sponsor of House Resolution 139Ðthe dollars ERISA TO INCLUDE FIDUCIARIES Mr. BLUNT. Mr. Speaker, the ques- to the classroom resolutionÐI want to express REGISTERED SOLELY UNDER STATE LAW ONLY IF FEDERAL REGISTRA- tion today is, should we send more dol- my strong support for this measure and ask TION PROHIBITED UNDER RE- lars to the classroom? This does not my colleagues for their support as well. CENTLY ENACTED PROVISIONS. seem like it would be a tough question, With the passage of this measure, the Con- (a) IN GENERAL.—Section 3(38)(B) of the but it is a question that we are strug- gress has a tremendous opportunity to send a Employee Retirement Income Security Act gling with on the House floor today. strong message on how to improve our public of 1974 (29 U.S.C. 1002(38)(B)) is amended— education structure. The resolution states that (1) by redesignating clauses (ii) and (iii) as b 1300 clauses (iii) and (iv), respectively; and at least 90 percent of Federal funds for ele- (2) by striking ‘‘who is’’ and all that fol- Who knows your child’s name better? mentary and secondary education should be lows through clause (i) and inserting the fol- A teacher who knows that child or a spent in classrooms. lowing: ‘‘who (i) is registered as an invest- bureaucrat in the beltway in Washing- We all agree that the public education sys- ment adviser under the Investment Advisers ton or even in the State capital? tem is in disarray. We can improve our Act of 1940; (ii) is not registered as an invest- Our opponents on this issue say that schools by providing them with the resources ment adviser under such Act by reason of we are already meeting the 90 percent they need to make their classrooms better, paragraph (1) of section 203A(a) of such Act, standard. Well, if that is true, let us safer places to learn. House Resolution 139 is registered as an investment adviser under pass this resolution and ensure that we the laws of the State (referred to in such does just that. The best thing Washington can paragraph (1)) in which it maintains its prin- meet this standard in the future. But do to better educate our children is to send cipal office and place of business, and, at the we have studies that suggest that we more responsibility and funding back to the time the fiduciary last filed the registration are meeting a 65 percent standard. The local communities and schools who know the form most recently filed by the fiduciary difference in the 65 percent standard needs of these children best. with such State in order to maintain the fi- and a 90 percent standard is about For too long, the Government has taken a duciary’s registration under the laws of such $1,800 for every classroom in America. view that bureaucrats in Washington, DC, State, also filed a copy of such form with the Every elementary school principal, know what is best for the children in my State Secretary;’’. (b) AVAILABILITY OF DOCUMENTS VIA FILING every secondary school principal can of California. How can that be true if Califor- DEPOSITORY.—A fiduciary shall be treated as count the number of rooms in their nia's education needs vary significantly within meeting the requirements of section building, multiply that by $1,800; that our State, let alone compared to other States? 3(38)(B)(ii) of the Employee Retirement In- is the difference in what we are talking Who would try to argue that schools in rural come Security Act of 1974 (as amended by about here today. Mariposa County have the same needs as subsection (a)) relating to provision to the Mr. Speaker, this is the difference in schools in inner-city Los Angeles? Probably Secretary of Labor of a copy of the form re- whether we buy microscopes or not; someone at the Department of Education. ferred to therein, if a copy of such form (or whether we buy computers or not; Mr. Speaker, we can no longer continue to substantially similar information) is avail- whether a classroom has an overhead able to the Secretary of Labor from a cen- build a one-size-fits-all education agenda. I tralized electronic or other record-keeping projector or not; whether there are was sent to this Congress to represent the database. chemicals for the chemical lab or tools people and the families of California's Central (c) EFFECTIVE DATE.—The amendments for the shop. And Dollars to the Class- Valley. I believe part of this representation in- made by subsection (a) shall take effect on H9576 CONGRESSIONAL RECORD — HOUSE October 28, 1997 July 8, 1997, except that the requirement of be qualified to serve as investment Mr. Speaker, the 104th Congress section 3(38)(B)(ii) of the Employee Retire- managers to pension and welfare plans passed the Investment Advisers Super- ment Income Security Act of 1974 (as amend- covered by ERISA. Without this bill, vision Coordination Act, which made a ed by this Act) for filing with the Secretary the practice of thousands of small in- change in the ERISA definition of in- of Labor of a copy of a registration form which has been filed with a State before the vestment advisers and investment ad- vestment manager. This change would date of the enactment of this Act, or is to be visory firms would be seriously dis- have had unforeseen, potentially dam- filed with a State during the 1-year period rupted after October 10, 1998, as would aging effects on smaller investment beginning with such date, shall be treated as the 401(k) and other pension plans of firms. Because these investment advis- satisfied upon the filing of such a copy with their clients. ers would not qualify as plan fidu- the Secretary at any time during such 1-year It is necessary for an investment ad- ciaries under ERISA, they would no period. This section shall supersede section viser seeking to advise and manage the longer be able to administer plan as- 308(b) of the National Securities Markets Im- assets of an employee benefit plan sub- sets. provement Act of 1996 (and the amendment made thereby). ject to ERISA to meet ERISA’s defini- S. 1227 would require firm advisers tion of investment manager. It is also that administer less than $25 million in The SPEAKER pro tempore. Pursu- important for business reasons for plan assets to register with the Depart- ant to the rule, the gentleman from Il- small investment advisers to eliminate ment of Labor, and the idea that the linois [Mr. FAWELL] and the gentleman the uncertainty about their status as Department of Labor would be the from California [Mr. MARTINEZ] each investment managers under ERISA. central database of investment advis- will control 20 minutes. This uncertainty makes it difficult for ers is a good one. Furthermore, this ac- The Chair recognizes the gentleman such advisers to acquire new ERISA tion will preserve the ability of these from Illinois [Mr. FAWELL]. plan clients and could well cause the advisers to act as plan fiduciaries. This Mr. FAWELL. Mr. Speaker, I yield loss of existing clients. proposal that is before us now would myself such time as I may consume. Mr. Speaker, the bill will amend title restore current law and reestablish sys- Mr. Speaker I am pleased today to I of ERISA to permit an investment ad- temic uniformity. rise to seek passage of Senate 1227, leg- viser to serve as an investment man- Mr. Speaker, I commend the gen- islation which amends title I of the ager to ERISA plans if it is registered tleman from Illinois [Mr. FAWELL], Employee Retirement Income Security with either the SEC or the State in chairman of the Subcommittee on Em- Act, known as ERISA, to permit in- which it maintains its principal office ployer-Employee Relations, and the vestment advisors registered with and place of business, if it could no gentleman from New Jersey [Mr. State securities regulators to continue longer register with the SEC as a re- PAYNE], ranking member of the sub- to serve as investment managers to sult of the requirements of the 1996 se- committee, cosponsoring the House ERISA plans. curities reform law. version of the bill, and I urge my col- Mr. Speaker, Senate bill 1227 is iden- In addition, the bill requires that leagues to support S. 1227. tical to H.R. 2226, which I introduced whatever filing is made by the invest- Mr. MARTINEZ. Mr. Speaker, I have on July 23, 1997, with the cosponsorship ment adviser with the State be filed no further requests for time, and I of the gentleman from New Jersey [Mr. with the Secretary of Labor as well. yield back the balance of my time. PAYNE], ranking member on the Sub- The Department of Labor has asked for Mr. FAWELL. Mr. Speaker, I have no committee on Employer-Employee Re- this dual filing with the Department further requests for time, and I yield lations. and has assured the Congress that it back the balance of my time. At the end of last Congress, land- needs no additional resources to proc- The SPEAKER pro tempore. The mark bipartisan legislation was en- ess the forms. question is on the motion offered by acted which adopted a new approach This legislation has the support, the gentleman from Illinois [Mr. FA- for regulating investment advisers, the therefore, of the Department of Labor. WELL] that the House suspend the rules Investment Advisors Supervision Co- Arthur Levitt, Chairman of the Securi- and pass the Senate bill, S. 1227. ordination Act. Under the act, begin- ties and Exchange Commission, has The question was taken; and (two- ning July 8, 1997, States are assigned written to the Committee on Edu- thirds having voted in favor thereof) primary responsibility for regulating cation and Workforce, expressing the the rules were suspended and the Sen- smaller investment advisors and the need for this legislation and his sup- ate bill was passed. Securities and Exchange Commission port for this effort to correct this prob- A motion to reconsider was laid on is assigned primary responsibility for lem. the table. regulating larger investment advisors. In addition, the bill is supported by f Mr. Speaker, under this framework, the International Association of Finan- however, smaller investment advisors cial Planning, the Institute of Certified GENERAL LEAVE registered only by the States, and pro- Financial Planners, the National Asso- Mr. FAWELL. Mr. Speaker, I ask hibited by the new law from registering ciation of Personal Financial Advisers, unanimous consent that all Members with the SEC, would no longer meet the American Institute of Certified may have 5 legislative days within the definition of investment manager Public Accountants, and the North which to revise and extend their re- under ERISA, since the current Fed- American Securities Administrators marks on S. 1227 and House Resolution eral law definition only recognizes ad- Association, Inc. 139. visers registered with the SEC. By passing this legislation today we The SPEAKER pro tempore. Is there As a temporary measure, a 2-year will correct this oversight in the secu- objection to the request of the gen- sunset provision was included in the se- rities reform law, thus protecting tleman from Illinois? curities reform law extending for 2 small advisers from unintended ruin There was no objection. years the qualification of State reg- and bringing stability to the capital f istered investment advisers as invest- management marketplace. I urge its ment managers under ERISA. This pro- passage. J. ROY ROWLAND FEDERAL vision was intended to address the Mr. Speaker, I reserve the balance of COURTHOUSE problem on an interim basis while con- my time. Mr. KIM. Mr. Speaker, I move to sus- gressional committees with jurisdic- Mr. MARTINEZ. Mr. Speaker, I yield pend the rules and pass the bill (H.R. tion over ERISA reviewed the issue. We myself such time as I may consume. 1484) to redesignate the Dublin Federal have reviewed this issue and have de- Mr. Speaker, I rise today to speak on Courthouse building located in Dublin, veloped Senate bill 1227 and H.R. 2226 S. 1227, the ERISA rules for investment GA, as the ‘‘J. Roy Rowland Federal to permanently correct this oversight. managers. Usually this legislation Courthouse,’’ as amended. Without this legislation, State-li- would be managed by the gentleman The Clerk read as follows: censed investment advisers who, be- from New Jersey [Mr. PAYNE]. Unfortu- H.R. 1484 cause of the securities reform law, no nately, he has been detained. I do, how- Be it enacted by the Senate and House of Rep- longer are permitted to register with ever, want to compliment him for his resentatives of the United States in Congress as- the SEC would be unable to continue to leadership on this issue. sembled, October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9577 SECTION 1. REDESIGNATION. b 1315 legislation to rename the Federal courthouse The United States courthouse located at in Dublin, GA, after former Congressman Roy 100 Franklin Street in Dublin, Georgia, and He was instrumental in passing legislation to stop the illegal use of Quaa- Rowland. known as the Dublin Federal Courthouse, Roy graduated from the Medical College of shall be known and designated as the ‘‘J. ludes which for many years had dis- Roy Rowland United States Courthouse’’. rupted the lives of so many of our Georgia, and for many years, he was the only family physician in the entire Congress. He SEC. 2. REFERENCES. young adolescents attempting to ad- Any reference in a law, map, regulation, just to adult life. willingly shared his experience and medical document, paper, or other record of the Unit- He also became, without a doubt, the knowledge with his colleagues on numerous ed States to the United States courthouse reasoned, practical voice during heated occasions. referred to in section 1 shall be deemed to be debate on the issue of AIDS and AIDS Many times, when health care legislation a reference to the ‘‘J. Roy Rowland United funding and will be remembered for was debated by the then House Energy and States Courthouse’’. that historical achievement. Commerce Committee, Roy's opinions and The SPEAKER pro tempore. Pursu- Dr. Rowland set a standard for bipar- suggestions were sought out. My colleagues ant to the rule, the gentleman from tisan fairness and for bipartisan rela- on both sides of the aisle always found them California [Mr. KIM] and the gentleman tions and he included everyone. He was invaluable. from Ohio [Mr. TRAFICANT] each will not an exclusive type of Member. He I had the good fortune to work closely with control 20 minutes. never resorted to personal attacks or Roy on health care reform. We both served on The Chair recognizes the gentleman never was engaged in any damaging the House Energy and Commerce Committee from California [Mr. KIM]. rhetoric. and the Veterans Committee. In addition, we Mr. KIM. Mr. Speaker, I yield myself I say that because he was a true gen- served as cochairman of the Congressional such time as I may consume. tleman, truly deserving of the designa- Sunbelt Caucus on infant mortality. Mr. Speaker, H.R. 1484 designates the tion being brought here today. Our In my opinion, our greatest legislative ac- U.S. Courthouse in Dublin, GA, as the former colleague provided the working complishment together was drafting two sepa- J. Roy Rowland United States Court- model to ensure a bipartisan spirit that rate and completely bipartisan health care bills house. everybody talks about around here, but in the 103d Congress. H.R. 3955, the Health Congressman Rowland was a dedi- few Members really practice. For Dr. Reform Consensus Act, was the first com- cated public servant. He served in the Rowland, that was a part of his profes- prehensive health bill introduced in the Con- U.S. Army during World War II as a sional makeup. gress that was truly bipartisan. I believe that surgeon in command of a machine gun It is absolutely fitting that we honor Roy's medical background provided this bill crew, earning the Bronze Star for serv- him with this designation and to the with crucial credibility among our House col- ice in combat. Following the war, he sponsor, the gentleman from Georgia leagues. returned to his home State of Georgia [Mr. NORWOOD], I say, right on. I am As a leader in the House rural health care and earned his medical degree from the proud to play a part, with him, in nam- coalition, Roy assisted in drafting a wide range Medical College of Georgia. He then being this courthouse for Dr. Rowland. of bills to improve the delivery of rural health care that later became law. He also authored came a family practice physician, serv- Mr. Speaker, I reserve the balance of legislation creating the National AIDS Com- ing the people of Dublin, GA. my time. In 1976, Dr. Rowland was elected to Mr. KIM. Mr. Speaker, I yield 5 min- mission to establish better coordination among programs associated with this disease. Finally, the State legislature, where he served utes to the gentleman from Georgia while serving as the vice chairman of the Na- as State delegate until 1982. In 1983, Dr. [Mr. NORWOOD]. tional Commission to Prevent Infant Mortality, Rowland was elected to the U.S. House Mr. NORWOOD. Mr. Speaker, I thank he cosponsored several measures to provide of Representatives. While in Congress, the gentleman for yielding time to me, and I thank my good friend, the gen- prenatal and child health care services to he concentrated his efforts on legisla- tleman from Ohio [Mr. TRAFICANT], for high-risk mothers. tive matters concerning health issues. Roy proved himself in other legislative areas He was instrumental in stopping the his kind words. Mr. Speaker, it is a great pleasure as well. For instance, he was actively involved illegal access and abuse of Quaaludes, and actually an honor for me to be here in environmental issues, and, in fact, he which at the time was becoming the il- presenting this bill to the House of served on the joint conference committee that legal drug widely used. At a later date, Representatives on behalf of one of my authored the 1990 Clean Air Act. He also Congressman Rowland employed his constituents, Dr. J. Roy Rowland. played a key role in the 1987 Clean Water Act medical expertise to providing leader- Dr. Rowland was very instrumental, and served as a House conferee when the ship in Congress during formulation while in Washington, on health care is- final version of this legislation was debated by and consideration of legislative initia- sues and one of the most, I think, out- a House-Senate conference committee. In ad- tives concerning AIDS. The naming of standing examples of bipartisanship dition, he served as one of the leaders in pro- this building in honor of Congressman that I know of in this Congress in re- moting the proposed balanced-budget amend- Rowland is a fitting tribute to his dedi- cent years. In 1993 and 1994, in the 103d ment to the Constitution. cated service to his country. I support Congress, he put together a coalition of With regard to veterans, Roy served as the this bill ask urge my colleagues to sup- five Republicans and five Democrats to chairman of the then House Veterans' Hos- port this bill. try to help solve some of the serious pitals and Health Care Subcommittee. He was Mr. Speaker, I reserve the balance of problems that we have in this country a leader in fighting for improvements in the my time. with health care. It was later known as veterans' health care system and cosponsored Mr. TRAFICANT. Mr. Speaker, I the Rowland-Democrat-Bilirakis-Re- several legislative measures to assist our vet- yield myself such time as I may publican health care bill and it sort of erans. consume. set the stage for how we work together These are just some of the highlights that Mr. Speaker, I wholeheartedly join in with our colleagues. Roy accomplished as a Member of the House support of this bill to designate the Dr. Rowland is a good man. Dr. Row- of Representatives. His talents and unique in- courthouse in Dublin, GA, as the J. land is a great American, and I am so sights are missed, especially as Congress Roy Rowland United States Court- very pleased that we are today in the considers improving our health care system. I house. process of renaming the U.S. Federal commend Roy for his tireless efforts and Congressman Rowland was a World courthouse in Dublin, GA, after him as strongly urge my colleagues to support H.R. War II vet, during which he was award- a token of all of our esteem here and as 1484. ed the Bronze Star, and after he left a token of the esteem that his con- Mr. TRAFICANT. Mr. Speaker, I am the Army he continued his educational stituents back in Georgia still hold very supportive of this bill. I urge all pursuits and, in 1952, graduated from him. This is a great pleasure and I hope for an ‘‘aye’’ vote. the Medical College of Georgia. all Members, and I know they will, be- Mr. Speaker, I yield back the balance Doc Rowland was elected to the U.S. cause he made friends readily on both of my time. Congress in 1983, and he earned a well- sides of the aisle, I hope all of our Mr. KIM. Mr. Speaker, I yield back deserved reputation for expertise in friends will vote for him today. the balance of my time. health and medical issues which natu- Mr. BILIRAKIS. Mr. Speaker, I rise today to The SPEAKER pro tempore (Mr. rally fit his professional discipline. join my colleagues in supporting H.R. 1484, SNOWBARGER). The question is on the H9578 CONGRESSIONAL RECORD — HOUSE October 28, 1997 motion offered by the gentleman from Fifth Circuit was primarily composed ions in a number of areas, but many legal California [Mr. KIM] that the House of the Southern States and quickly be- scholars believe his greatest impact was in the suspend the rules and pass the bill, came a focal point for civil rights is- arena of civil rights. When Judge Dyer was H.R. 1484, as amended. sues. Judge Dyer ruled judiciously on appointed to the Federal bench in 1961, Flor- The question was taken. the challenges brought before the ida was still a State not fully desegregated. Mr. TRAFICANT. Mr. Speaker, I ob- bench in the constitutional battle for Thanks in part to Judge Dyer's foresight and ject to the vote on the ground that a racial equality. courage to enforce the law and uphold the quorum is not present and make the The naming of this Federal complex Constitution, racial discrimination sanctioned point of order that a quorum is not is a fitting tribute to a dedicated pub- by the law was rooted out and eliminated in present lic servant and distinguished jurist. I Florida. The SPEAKER pro tempore. Pursu- support the bill and urge my colleagues It is fitting to honor Judge Dyer for his long ant to clause 5 of rule I and the Chair’s to support this bill. and distinguished service by passage of this prior announcement, further proceed- Mr. Speaker, I reserve the balance of legislation. I urge all of my colleagues to sup- ings on this motion will be postponed. my time. port H.R. 1479. The point of no quorum is considered Mr. TRAFICANT. Mr. Speaker, I Mr. KIM. Mr. Speaker, I have no fur- withdrawn. yield myself such time as I may ther requests for time, and I yield back f consume. the balance of my time. Mr. Speaker, I join in support of H.R. Mr. TRAFICANT. Mr. Speaker, I urge DAVID W. DYER FEDERAL 1479. I want to commend the sponsor of an ‘‘aye’’ vote, and I yield back the bal- COURTHOUSE the bill, the gentleman from Florida ance of my time. [Mr. HASTINGS], for introducing this Mr. KIM. Mr. Speaker, I move to sus- The SPEAKER pro tempore. The pend the rules and pass the bill (H.R. bill that will designate the Federal building and courthouse at 300 North- question is on the motion offered by 1479) to designate the Federal building the gentleman from California [Mr. and U.S. courthouse located at 300 east Avenue in Miami, FL, as the David W. Dyer United States Court- KIM] that the House suspend the rules Northeast First Avenue in Miami, FL, and pass the bill, H.R. 1479, as amend- as the ‘‘David W. Dyer Federal Court- house. Judge Dyer is a native Ohioan. He ed. house,’’ as amended. The question was taken. The Clerk read as follows: was born in Columbus, OH, in 1910. We are proud of him, former Buckeye. Mr. KIM. Mr. Speaker, I object to the H.R. 1479 After service in World War II, he began vote on the ground that a quorum is Be it enacted by the Senate and House of Rep- to practice law and, in 1961, was tapped not present and make the point of resentatives of the United States of America in order that a quorum is not present. Congress assembled, by President Kennedy, who appointed him to the District Court for the The SPEAKER pro tempore. Pursu- SECTION 1. DESIGNATION. Southern District of Florida. ant to clause 5 of rule I and the Chair’s The Federal building and United States prior announcement, further proceed- courthouse located at 300 Northeast First In 1966, President Johnson appointed Avenue in Miami, Florida, shall be known Judge Dyer to the U.S. Court of Ap- ings on this motion will be postponed. and designated as the ‘‘David W. Dyer Fed- peals and, in 1977, Judge Dyer had as- The point of no quorum is considered eral Building and United States Court- sumed senior status. In Judge Dyer’s 30 withdrawn. house’’. years of service to the people of Flor- f SEC. 2. REFERENCES. ida, he had participated in many nota- Any reference in a law, map, regulation, ble cases. GENERAL LEAVE document, paper, or other record of the Unit- In the early 1960’s, he was on the Mr. KIM. Mr. Speaker, I ask unani- ed States to the Federal building referred to three judge panel which reapportioned mous consent that all Members may in section 1 shall be deemed to be a reference the entire State of Florida on the basis have 5 legislative days in which to re- to the ‘‘David W. Dyer Federal Building and of the one-man, one-vote principle. vise and extend their remarks and in- United States Courthouse’’. That in itself will be a highlight of a clude extraneous material on the bills The SPEAKER pro tempore. Pursu- career distinguished by so many great just considered. ant to the rule, the gentleman from actions and commonsense decisions. The SPEAKER pro tempore. Is there California [Mr. KIM] and the gentleman Judge Dyer is noted for his fairness, objection to the request of the gen- from Ohio [Mr. TRAFICANT], each will his diligence and personal commitment tleman from California? control 20 minutes. to equality under the law. I am very There was no objection. The Chair recognizes the gentleman proud to support the bill offered by the f from California [Mr. KIM]. gentleman from Florida [Mr. HASTINGS] Mr. KIM. Mr. Speaker, I yield myself and I am very proud to be a part of the MOTION OFFERED BY MR. ENSIGN such time as I may consume. designation and naming of this facility The SPEAKER pro tempore. For House Resolution 1479, as amended, for Judge David W. Dyer, our beloved what purpose dose the gentleman from designates the Federal building and Buckeye. Nevada rise? U.S. courthouse in Miami, Florida as Mr. SHAW. Mr. Speaker, I rise today in Mr. ENSIGN. Mr. Speaker, I have a the David W. Dyer Federal Building strong support of H.R. 1479, a bill designating motion at the desk. and U.S. Courthouse. Judge Dyer the U.S. courthouse in Miami as the ``David f served on the Federal bench for more W. Dyer Federal Building and United States than 30 years, establishing himself as Courthouse.'' RECESS one of the most revered jurists in the Mr. Speaker, Judge David Dyer was a dis- The SPEAKER pro tempore. Under State of Florida. tinguished jurist in Florida for over 30 years. clause 12 of rule I, the Chair declares Born in Ohio, Judge Dyer attended Judge Dyer was born in Ohio in 1910, and the House in recess at this time subject Ohio State University and received his moved to Florida in the early 1930's to com- to the call of the Chair, there being no law degree in 1933 from Stetson Univer- plete his third year of law school at Stetson business pending at this point. sity. He served in the U.S. Army during University, my law school alma mater. Accordingly (at 1 o’clock and 15 min- World War II, rising to the rank of Judge Dyer was a Florida lawyer in private utes p.m.), the House stood in recess major. Following the war, Judge Dyer practice from 1933 until 1961, except for the subject to the call of the Chair. returned to Florida where he estab- time he served in the Army during World War f lished a law firm in Florida. II. In 1961, he was appointed to the Federal In 1961, President Kennedy appointed bench by President John F. Kennedy. Five b 1701 Judge Dyer to the U.S. District Court years later, President Lyndon Johnson ele- AFTER RECESS for the Southern District of Florida. He vated Judge Dyer to the court of appeals. served as chief judge from 1962 to 1966, After a decade serving as an appellate court The recess having expired, the House when President Johnson elevated him judge, Judge Dyer assumed senior status. was called to order by the Speaker pro to the U.S. Court of Appeals for the Mr. Speaker, during his long career on the tempore [Mr. SNOWBARGER] at 5 o’clock Fifth Judicial Circuit. At the time the bench, Judge Dyer wrote important legal opin- and 2 minutes p.m. October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9579

MOTION TO ADJOURN Gilchrest Manzullo Sanchez Wisconsin and Ms. WOOLSEY changed Gillmor Mascara Sanders their vote from ‘‘yea″ to ‘‘nay.’’ Mr. ENSIGN. Mr. Speaker, I offer a Gilman Matsui Sandlin privileged motion. Goode McCarthy (MO) Sanford So the motion to adjourn was re- Goodlatte McCollum Sawyer The SPEAKER pro tempore. The jected. Goodling McCrery Saxton The result of the vote was announced Clerk will report the privileged mo- Gordon McDade Scarborough tion. Goss McGovern Schaefer, Dan as above recorded. Graham McHale Schaffer, Bob f The Clerk read as follows: Green McHugh Scott Mr. ENSIGN moves that the House do now Greenwood McInnis Sensenbrenner CONFERENCE REPORT ON H.R. 1119, adjourn. Gutierrez McIntyre Sessions Gutknecht McKeon Shadegg NATIONAL DEFENSE AUTHORIZA- The SPEAKER pro tempore. The Hall (OH) McKinney Shaw TION ACT FOR FISCAL YEAR 1998 question is on the motion to adjourn Hall (TX) Meehan Shays Mr. SOLOMON. Mr. Speaker, by di- offered by the gentleman from Nevada Hamilton Meek Sherman Hansen Menendez Shimkus rection of the Committee on Rules, I [Mr. ENSIGN]. Harman Metcalf Shuster call up House Resolution 278 and ask The question was taken; and the Hastert Mica Sisisky for its immediate consideration. Speaker pro tempore announced that Hastings (WA) Miller (FL) Skaggs The Clerk read the resolution as fol- the noes appeared to have it. Hayworth Minge Skeen Hefley Moakley Skelton lows: Mr. ENSIGN. Mr. Speaker, I object to Hill Moran (KS) Slaughter H. RES. 278 the vote on the ground that a quorum Hilleary Moran (VA) Smith (MI) is not present and make the point of Hilliard Morella Smith (NJ) Resolved, That upon adoption of this reso- order that a quorum is not present. Hinojosa Murtha Smith (OR) lution it shall be in order to consider the Hobson Myrick Smith (TX) conference report to accompany the bill The SPEAKER pro tempore. Evi- Hoekstra Nadler Smith, Adam (H.R. 1119) to authorize appropriations for dently a quorum is not present. Holden Neal Smith, Linda fiscal year 1998 for military activities of the Hooley Nethercutt Snowbarger The Sergeant at Arms will notify ab- Horn Neumann Snyder Department of Defense, for military consent Members. Hostettler Ney Solomon struction, and for defense activities of the The vote was taken by electronic de- Houghton Northup Souder Department of Energy, to prescribe person- Hulshof Norwood Spence nel strengths for such fiscal year for the vice, and there were—yeas 52, nays 359, Hutchinson Nussle Spratt answered ‘‘present’’ 1, not voting 21, as Armed Forces, and for other purposes. All Hyde Oberstar Stabenow points of order against the conference report follows: Inglis Ortiz Stearns and against its consideration are waived. Istook Oxley Stenholm [Roll No. 532] Jackson-Lee Packard Stokes The conference report shall be considered as YEAS—52 (TX) Pappas Strickland read. Jenkins Parker Stump Allen Hastings (FL) Millender- John Pascrell Stupak The SPEAKER pro tempore (Mr. Carson Hefner McDonald Johnson (CT) Paul Sununu SNOWBARGER). The gentleman from Conyers Hinchey Miller (CA) Johnson, Sam Paxon Talent Coyne Hoyer Mink New York [Mr. SOLOMON] is recognized Jones Pease Tanner DeGette Jackson (IL) Obey for 1 hour. Kasich Peterson (PA) Tauscher Dellums Jefferson Olver Kelly Petri Tauzin Mr. SOLOMON. Mr. Speaker, for the Deutsch Johnson (WI) Owens Kennelly Pickering Taylor (NC) Doggett Johnson, E. B. Pallone purposes of debate only, I yield the cus- Kildee Pitts Thomas Ensign Kaptur Pastor tomary 30 minutes to the gentleman Kilpatrick Pombo Thompson Eshoo Kennedy (RI) Pelosi Kim Pomeroy Thornberry from Texas [Mr. FROST], pending which Fazio LaFalce Peterson (MN) Kind (WI) Porter Thune I yield myself such time as I may Filner Lantos Serrano King (NY) Portman Thurman Ford Lewis (GA) Stark consume. During consideration of the Kingston Poshard Tiahrt Frank (MA) Markey Taylor (MS) resolution, all time yielded is for de- Kleczka Price (NC) Tierney Frost Martinez Torres Klink Pryce (OH) Towns bate purposes only. Furse McCarthy (NY) Weygand Klug Quinn Traficant Gephardt McDermott Wise f Knollenberg Radanovich Turner Gibbons McNulty Kolbe Rahall Upton MOTION TO ADJOURN NAYS—359 Kucinich Ramstad Velazquez LaHood Rangel Vento Mr. ENSIGN. Mr. Speaker, I offer a Abercrombie Bryant Deal Lampson Redmond Visclosky privileged motion. Ackerman Bunning Delahunt Largent Regula Walsh Aderholt Burr DeLauro Latham Reyes Wamp The SPEAKER pro tempore. The Archer Burton DeLay LaTourette Riggs Waters Clerk will report the motion. Armey Buyer Diaz-Balart Lazio Riley Watkins The Clerk read as follows: Bachus Callahan Dickey Leach Rivers Watt (NC) Baesler Calvert Dicks Levin Rodriguez Watts (OK) Mr. ENSIGN moves that the House do now Baker Camp Dingell Lewis (CA) Roemer Waxman adjourn. Baldacci Campbell Dixon Lewis (KY) Rogan Weldon (FL) The SPEAKER pro tempore. The Ballenger Canady Dooley Linder Rogers Weller Barcia Cannon Doolittle Lipinski Rohrabacher Wexler question is on the motion to adjourn Barr Cardin Doyle Livingston Ros-Lehtinen White offered by the gentleman from Nevada Barrett (NE) Castle Dreier LoBiondo Rothman Whitfield [Mr. ENSIGN]. Barrett (WI) Chabot Duncan Lofgren Roukema Wicker Bartlett Chambliss Dunn Lowey Roybal-Allard Wolf The question was taken; and the Barton Chenoweth Edwards Lucas Royce Woolsey Speaker pro tempore announced that Bass Christensen Ehlers Luther Rush Wynn the noes appeared to have it. Bateman Clay Ehrlich Maloney (CT) Ryun Yates Mr. ENSIGN. Mr. Speaker, on that, I Becerra Clayton Emerson Maloney (NY) Sabo Young (AK) Bentsen Clement Engel Manton Salmon Young (FL) demand the yeas and nays. Bereuter Clyburn English The yeas and nays were refused. Berman Coble Etheridge ANSWERED ‘‘PRESENT’’—1 So the motion to adjourn was re- Berry Coburn Evans DeFazio Bilbray Collins Everett jected. Bilirakis Combest Ewing NOT VOTING—21 f Bishop Condit Farr Andrews Foglietta McIntosh Blagojevich Cook Fattah Bonior Gonzalez Mollohan b Bliley Cooksey Fawell 1745 Bono Granger Payne Blumenauer Costello Flake Borski Herger Pickett Blunt Cox Foley WAIVING POINTS OF ORDER Brown (CA) Hunter Schiff Boehlert Cramer Forbes AGAINST CONFERENCE REPORT Capps Kanjorski Schumer Boehner Crane Fowler Cubin Kennedy (MA) Weldon (PA) ON H.R. 1119, NATIONAL DEFENSE Bonilla Crapo Fox AUTHORIZATION ACT FOR FIS- Boswell Cummings Franks (NJ) Boucher Cunningham Frelinghuysen b 1739 CAL YEAR 1998 Boyd Danner Gallegly Messrs. SMITH of Oregon, BATEMAN, Mr. FROST. Mr. Speaker, I ask unan- Brady Davis (FL) Ganske Brown (FL) Davis (IL) Gejdenson CHAMBLISS, ADAM SMITH of Washing- imous consent that time yielded to the Brown (OH) Davis (VA) Gekas ton, BARRETT of Nebraska, BARRETT of following Members: The gentleman H9580 CONGRESSIONAL RECORD — HOUSE October 28, 1997 from New Jersey [Mr. MENENDEZ], the Mr. Speaker, as usual, the gentleman Our military is vastly smaller and gentleman from California [Mr. from South Carolina [Mr. SPENCE] and older than just 6 years ago when we BECERRA], the gentlewoman from Cali- the ranking member, the gentleman had to deploy troops in a place called fornia [Ms. WATERS], the gentleman from California [Mr. DELLUMS] and the Persian Gulf. Most experts agree from California [Mr. CONDIT], the gen- their staffs have done outstanding today that such a mission would sim- tlewoman from Oregon [Ms. HOOLEY], work. I commend them and urge supply be impossible if we tried to under- the gentlewoman from the District of port for the rule so that they can get take it. Columbia [Ms. NORTON], the gentleman on with the business of the day. Of course, this is not the fault of the from California [Mr. DOOLEY] and the Mr. Speaker, it is absolutely impera- Committee on National Security. They gentlewoman from California [Ms. ROY- tive that this bill contain adequate have operated under severe con- BAL-ALLARD] for the purpose of notic- funding for the young men and women straints. It is also not the fault of the ing a question of privilege not count in uniform who are right now out in House Committee on National Security against the one-half hour yielded to me the field standing vigilant on behalf of that this Congress, and I want every- by the gentleman from New York [Mr. all Americans in Bosnia, in South body to listen to this, this Congress has Korea and other parts of the world. Mr. SOLOMON]. failed to stop Communist China from The SPEAKER pro tempore (Mr. Speaker, it is imperative that this bill securing a beachhead in this country in set out policies which are consistent SNOWBARGER). Is there objection to the Long Beach, California. Members all request of the gentleman from Texas? with and seek to maintain the unique better wake up and pay attention to There was no objection. warrior culture of the military. For that. Mr. SOLOMON. Mr. Speaker, I yield without that, we cannot win wars and The House version of this bill con- such time as he may consume to the that is what militaries are for. No mat- tained a provision that would have gentleman from California [Mr. ter whether some Members like that or barred the lease of the Long Beach not. Some Members seem to have for- ROHRABACHER]. Naval Base to Communist China’s in- (Mr. ROHRABACHER asked and was gotten about that in recent years. telligence-gathering shipping company Mr. Speaker, to the best extent pos- given permission to proceed out of named COSCO. sible, this bill does all of that. At $268 order.) But at the intense insistence of a billion plus, the bill adds nearly 3 bil- Democrat Member of the other body, NOTICE OF INTENTION TO OFFER MOTION TO IN- lion to President’s Clinton’s wholly in- STRUCT ON H R 2267 DEPARTMENTS OF COM the provision has been watered down . . , - adequate request. The bill adds 3.6 bil- MERCE, JUSTICE, AND STATE, THE JUDICIARY with a Presidential waiver, and we all lion to the President’s request for pro- AND RELATED AGENCIES APPROPRIATIONS know that President Clinton will use ACT, 1998 curement alone, and $570 million for research and development over and above that waiver. Mr. ROHRABACHER. Mr. Speaker, Mr. Speaker, this is a scandal of huge the President’s request, and that is so pursuant to clause 1(c) of rule XXVIII, proportions. This Communist Govern- very, very important because if we are I hereby give notice of my intention to ment which tried to buy the 1996 elec- offer a motion to instruct conferees on going to put young men and women in uniform in harm’s way, we had better tion in this country may now be hand- H.R. 2267. The form of the motion is as ed an intelligence-gathering facility on follows: put them there with the best that money can buy and research and devel- American shores. I never heard of such Mr. ROHRABACHER moved that the a thing and never believed it could hap- managers on the part of the House at opment can obtain. These accounts contain adequate funding for the weap- pen in this Congress. What have we the conference on the disagreeing of come to? votes of the House and the Senate on ons systems of tomorrow such as the F–22 stealth fighter, the Marine Corps A bitterly ironic part of this story, H.R. 2267, Commerce, Justice, and Mr. Speaker, is that private groups in State, the Judiciary and Related Agen- V–22 troop carrier, which is vital to the kind of rapid deployment war that we California may yet succeed in denying cies Appropriations Act for fiscal year will fight in the future, and the next COSCO this lease through a court in- 1998, be instructed to insist on the generation of aircraft carriers and sub- junction. According to press reports, House’s disagreement with section 111 marines as well. the City of Long Beach is now looking of the Senate amendment which pro- These accounts also contain funding for other tenants. Is it not something vides for a permanent extension of sec- to bring us one step closer to develop- that the city of Long Beach may bail tion 245(i) of the Immigration and Na- ing and deploying defenses against bal- us out, we, the Congress? Think about tionalities Act. listic missiles, something for which it. The SPEAKER pro tempore. The gen- Members will be grateful some day. Private citizens can block Com- tleman’s statement will appear in the This conference report also contains munist China from securing a beach- RECORD. a 2.8 percent pay raise for our military head on American soil on environ- The Chair recognizes the gentleman and it adds significant funding in- mental and historical grounds, but this from New York [Mr. SOLOMON]. creases for barracks, for family hous- United States Congress cannot stop Mr. SOLOMON. Mr. Speaker, House ing, for child care centers. And, Mr. China on national security grounds. It Resolution 278 waives all points of Speaker, Members should remember is truly a disgrace. order against the conference report ac- that years ago, when I served in the Mr. Speaker, because of one or per- companying H.R. 1119 and that is the military in the United States Marine haps a few Members of the other body, fiscal 1998 defense authorization bill, Corps, 80 percent of us were single. this Congress has been disgraced. I re- the most important bill to come before Today the vast majority of military sent it. this body in any given year. The rule personnel are married. They have fami- Despite all this, I nonetheless urge also provides that the conference relies. It is absolutely imperative that support of the rule and this conference port be considered as read. This is, of they have barracks, they have family report today. It is vital legislation, and course, the traditional type of rule for housing, and that they have child care it is simply the best we can do at this consideration of conference reports and centers so that we can expect to at- juncture. And once again, I would com- will allow expedited consideration of tract the best cross-section of America mend the gentleman from South Caro- this very vital piece of legislation. that we can. lina [Mr. SPENCE] and the gentleman Mr. Speaker, the annual defense au- Despite all these excellent provisions from California [Mr. DELLUMS] and the thorization bill is without question the in this bill, Mr. Speaker, let me again Committee on National Security and most important bill we will consider go on record, we continue to provide their staffs for their excellent work on this year. In doing our business, that inadequate, yes, inadequate funds for this bill. sometimes seems routine, we should this Nation’s defenses. This bill will Mr. Speaker, I reserve the balance of never lose sight of the fact that the represent the 13th straight year of in- my time. number one duty of the Federal Gov- flation-adjusted cuts in the budget. No Mr. FROST. Mr. Speaker, I yield my- ernment is the protection of national other large account in the Federal self such time as I may consume. security, and that is exactly what this budget has been cut so much as the de- Mr. Speaker, I rise in support of this conference report is all about. fense budget. rule and the conference report on the October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9581 Department of Defense authorization I commend this rule providing for its Whereas the Task Force on the Contested for fiscal year 1998. This conference re- consideration and urge its adoption in Election in the 46th District of California port provides funds essential to sustain order that the House may proceed to and the Committee have been reviewing these materials and have all the information force readiness, for the critical weap- the consideration of the conference re- they need regarding who voted in the 46th ons systems and equipment that will port. District and all the information they need to ensure the continued superiority of the Mr. Speaker, I reserve the balance of make a judgment concerning those votes; U.S. military, and for increases in pay my time. and and allowances and for other necessary Mr. Speaker, pursuant to the order of Whereas the Committee on House Over- quality of life improvements our men the House, I defer to the Members sight has after over 9 months of review and and women in uniform and for their named in the unanimous consent investigation failed to produce or present any credible evidence sufficient to change families. agreement to give notice to the House. the outcome of the election of Congress- In short, Mr. Speaker, this con- The SPEAKER pro tempore. The woman Sanchez and is now, in place of pro- ference report authorizes the programs Chair recognizes the gentleman from ducing such credible evidence, pursuing that make up our military strength New Jersey [Mr. MENENDEZ]. never ending and unsubstantiated areas of today and which will ensure that our (Mr. MENENDEZ asked and was review; and forces remain second to none in the given permission to proceed out of Whereas, Contestant Robert Dornan has 21st Century. order.) after nearly 1 year not shown or provided Mr. Speaker, the conference agree- any credible evidence sufficient to dem- ANNOUNCEMENT OF INTENTION TO OFFER RESO- onstrate that the outcome of the election is ment does take a forward look on the LUTION RAISING QUESTION OF PRIVILEGES OF other than Congresswoman Sanchez’s elec- needs of our military in the new cen- THE HOUSE tion to the Congress; and tury. First and foremost, the con- Mr. MENENDEZ. Mr. Speaker, pursu- Whereas the Committee on House Over- ference agreement contains a 2.8 per- ant to clause 2 of rule IX, I hereby give sight should complete its review of this mat- cent pay increase for the military and notice of my intention to offer a reso- ter and bring this contest to an end and now provides for funding for construction therefore be it: lution which raises a question of the Resolved, that unless the Committee on and improvement of troop and family privileges of the House. House Oversight has sooner reported a rec- housing. The agreement also contains a The form of the resolution is as fol- ommendation for its final disposition, the consolidation of housing allowances, lows: contest in the 46th District of California is stabilizes service members’ pay for Whereas Loretta Sanchez was issued a cer- dismissed upon the expiration of October 31, those times when service members par- tificate of election as the duly elected Mem- 1997. ber of Congress from the 46th District of ticipate in training exercises or are on b 1800 deployment, and provides increases in California by the Secretary of State of Cali- the family separation allowance and fornia and was seated by the U.S. House of The SPEAKER pro tempore (Mr. Representatives on January 7, 1997; and SNOWBARGER). Under rule IX, a resolu- hazardous duty incentive pay. These Whereas A Notice of Contest of Election are all important matters that increase tion offered from the floor by a Mem- was filed with the Clerk of the House by Mr. ber other than the majority leader or moral and will hopefully help retain Robert Dornan on December 26, 1996; and the minority leader as a question of the valuable services of men and Whereas the allegations made by Mr. Rob- women who serve this country in uni- ert Dornan have been found to be largely privileges of the House has immediate form. without merit, including his charges of im- precedence only at a time designated The agreement provides funding for proper voting from a business, rather than a by the Chair within 2 legislative days the acquisition of seven V–22 Osprey residential address; underage voting; double after the resolution is properly noticed. voting; and charges of unusually large num- Pending that designation, the form of tiltrotor aircraft. The V–22 is designed bers of individuals voting from the same ad- to replace the Marine Corps’ aging the resolution noticed by the gen- dress. It was found that those accused of vot- tleman from New Jersey [Mr. fleets of CH–46 helicopters and will ing from the same address included a Ma- MENENDEZ] will appear in the RECORD transport Marines and their equipment rines barracks and the domicile of nuns; that into combat. The conference report business addresses were legal residences for at this point. The Chair will not at this point de- provides $2.1 billion for continued re- the individuals, including the zoo keeper of termine whether the resolution con- search and development and $74.9 mil- the Santa Ana Zoo; that duplicate voting stitutes a question of privilege. That lion for advanced procurement for the was by different individuals; and that those accused of underage voting were of age; and determination will be made at the time F–22 Raptor. The F–22 is the next gen- Whereas the Committee on House Over- designated for consideration of the res- eration air superiority fighter which is sight has issued unprecedented subpoenas to olution. yet another system in the overall arse- the Immigration and Naturalization Service PARLIAMENTARY INQUIRY nal of the U.S. military which will take to compare their records with Orange Coun- Mr. MENENDEZ. Parliamentary in- us into the new century in a position of ty voter registration records, the first time in any election in the history of the United quiry, Mr. Speaker. power. The SPEAKER pro tempore. The gen- Mr. Speaker, the conferees have au- states that the INS has been asked by Con- tleman will state his parliamentary in- thorized $331 million for long lead time gress to verify the citizenship of voters; and quiry. related to the procurement of addi- Whereas the privacy rights of United States citizens have been violated by the Mr. MENENDEZ. Am I to understand tional B–2’s, or for modification and re- Committee’s improper use of those INS the Speaker to say that by Thursday of pair of the existing B–2 fleet, should records; this week that this resolution would be the President certify Congress that ad- Whereas the INS itself has questioned the brought to the floor? ditional aircraft are not needed by the validity and accuracy of the Committee’s use The SPEAKER pro tempore. The Air Force. An important part of the of INS documents; Speaker will inform the gentleman of conference agreement relating to the Whereas the INS has complied with the Committee’s request and, at the Commit- the scheduling within that time. B–2 fleet is the requirement that the Mr. MENENDEZ. Further parliamen- Secretary of Defense ensure that all tee’s request, has been doing a manual check of its paper files and providing worksheets tary inquiry, is it my understanding necessary actions are taken to preserve containing supplemental information on that it can be no later than Thursday the option to build more B–2 bombers that manual check to the Committee on of this week, Mr. Speaker? until the panel on long-range air House Oversight for over five months; and The SPEAKER pro tempore. That is power, established by the fiscal year Whereas the Committee on House Over- correct. 1998 Defense Appropriations Act sub- sight, subpoenaed the records seized by the Mr. MENENDEZ. And further par- mits its report to Congress. I am grati- District Attorney of Orange County on Feb- liamentary inquiry. What notice will fied that this language will ensure that ruary 13, 1997 and has received and reviewed the Member receive that the resolution all of our options remain open while all records pertaining to registration efforts of that group; and will be forthcoming? the issue of our long-range air power Whereas the Members of the House Over- The SPEAKER pro tempore. The needs is studied. sight Committee are now seeking a duplicate leadership will give timely notice to In sum, Mr. Speaker, this is a good and dilatory review of materials already in the gentleman. conference report that deserves the the Committee’s possession by the Secretary (Mr. BECERRA asked and was given support of every Member of the House. of State of California; and permission to speak out of order.) H9582 CONGRESSIONAL RECORD — HOUSE October 28, 1997

ANNOUNCEMENT OF INTENTION TO OFFER RESO- dismissed upon the expiration of October 31, Whereas some Members of the House Over- LUTION RAISING QUESTION OF PRIVILEGES OF 1997. sight Committee are now seeking a duplicate THE HOUSE The SPEAKER pro tempore. Without and dilatory review of materials already in Mr. BECERRA. Mr. Speaker, pursu- objection, the Chair’s previous an- the Committee’s possession by the Secretary of State of California; and ant to clause 2 of rule IX, I hereby give nouncement will appear in the RECORD notice of my intention to offer a reso- Whereas the Task Force on the Contested at this point. Election in the 46th District of California lution which raises a question of the There was no objection. and the Committee have been reviewing privileges of the House. The text of the Chair’s prior an- these materials and has all the information The form of the resolution is as fol- nouncement is as follows: it needs regarding who voted in the 46th Dis- lows: Under rule IX, a resolution offered from trict and all the information it needs to Whereas, Loretta Sanchez was issued a cer- the floor by a Member other than the Major- make judgments concerning those votes; and tificate of election as the duly elected Mem- ity Leader or the Minority Leader as a ques- Whereas the Committee on House Over- ber of Congress from the 46th District of tion of the privileges of the House has imme- sight has after over nine months of review California by the Secretary of State of Cali- diate precedence only at a time designated and investigation failed to present credible fornia and was seated by the U.S. House of by the Chair within two legislative days evidence to change the outcome of the elec- Representatives on January 7, 1997; and after the resolution is properly noticed. tion of Congresswoman Sanchez and is pur- Whereas A Notice of Contest of Election Pending that designation, the form of the suing never ending and unsubstantiated was filed with the Clerk of the House by Mr. resolution noticed by the gentleman from areas of review; and Robert Dornan on December 26, 1996; and California [Mr. BECERRA] will appear in the Whereas, Contestant Robert Dornan has Whereas the Task Force on the Contested RECORD at this point. not shown or provided credible evidence that Election in the 46th District of California The Chair will not at this point determine the outcome of the election is other than met on February 26, 1997 in Washington, D.C. whether the resolution constitutes a ques- Congresswoman Sanchez’s election to the on April 19, 1997 in Orange County, California tion of privilege. That determination will be Congress; and and October 24, 1997 in Washington, D.C.; and made at the time designated for consider- Whereas, the Committee on House Over- Whereas the allegations made by Mr. Rob- ation of the resolution. sight should complete its review of this mat- ert Dornan have been largely found to be (Ms. NORTON asked and was given ter and bring this contest to an end: Now, without merit: charges of improper voting permission to speak out of order.) therefore, be it from a business, rather than a resident ad- Resolved, That unless the Committee on dress; underage voting; double voting; and ANNOUNCEMENT OF INTENTION TO OFFER RESO- House Oversight has sooner reported a rec- charges of unusually large number of indi- LUTION RAISING QUESTION OF PRIVILEGES OF ommendation for its final disposition, the viduals voting from the same address. It was THE HOUSE contest in the 46th District of California is found that voting from the same address in- Ms. NORTON. Mr. Speaker, pursuant dismissed upon the expiration of October 31, cluded a Marines barracks and the domicile to clause 2 of rule IX, I hereby give no- 1997. of nuns, that business addresses were legal tice of my intention to offer a resolu- The SPEAKER pro tempore. Without residences for the individuals, including the tion which raises a question of the objection, the Chair’s previous an- zoo keeper of the Santa Ana zoo, that dupli- privileges of the House. cate voting was by different individuals and nouncement will be inserted in the those accused of underage voting were of The form of the resolution is as fol- RECORD at this point. age; and lows: There was no objection. Whereas the Committee on House Over- Whereas, Loretta Sanchez has been duly The text of the Chair’s prior an- sight has issued unprecedented subpoenas to elected to represent the 46th District of Cali- nouncement is as follows: fornia; and the Immigration and Naturalization Service Under rule IX, a resolution offered from Whereas A Notice of Contest of Election to compare their records with Orange Coun- the floor by a Member other than the Major- was filed with the Clerk of the House by Mr. ty voter registration records, the first time ity Leader or the Minority Leader as a ques- Robert Dornan on December 26, 1996; and in any election in the history of the United tion of the privileges of the House has imme- Whereas the Task Force on the Contested States that the INS has been asked by Con- diate precedence only at a time designated Election in the 46th District of California gress to verify the citizenship of voters; and by the Chair within two legislative days met only on February 26, 1997 in Washington, Whereas the INS has complied with the after the resolution is properly noticed. D.C. on April 19, 1997 in Orange County, Cali- Committee’s request and, at the Commit- Pending that designation, the form of the fornia, and October 24, 1997 in Washington, tee’s request, has been doing a manual check resolution noticed by the gentlewoman from D.C.; and of its paper files and providing worksheets the District of Columbia [Ms. NORTON] will Whereas the allegations made by Mr. Rob- containing supplemental information on appear in the RECORD at this point. that manual check to the Committee on ert Dornan have been largely found to be The Chair will not at this point determine House Oversight for over five months; and without merit: charges of improper voting whether the resolution constitutes a ques- Whereas the Committee on House Over- from a business, rather than a resident ad- tion of privilege. That determination will be sight, subpoenaed the records seized by the dress; underage voting; double voting; and made at the time designated for consider- District Attorney of Orange County on Feb- charges of unusually large number of indi- ation of the resolution. viduals voting from the same address. It was ruary 13, 1997 and has received and reviewed (Mr. CONDIT asked and was given all records pertaining to registration efforts found that going from the same address in- of that group; and cluded a Marines barracks and the domicile permission to speak out of order.) Whereas the Task Force on the Contested of nuns, that business addresses were legal ANNOUNCEMENT OF INTENTION TO OFFER RESO- Election in the 46th District of California residences for the individuals, including the LUTION RAISING QUESTION OF PRIVILEGES OF and the Committee have been reviewing zoo keeper of the Santa Ana zoo, that dupli- THE HOUSE these materials and has all the information cate voting was by different individuals and Mr. CONDIT. Mr. Speaker, pursuant it needs regarding who voted in the 46th Dis- those accused of underage voting were of to clause 2 of rule IX, I hereby give no- trict and all the information it needs to age; and tice of my intention to offer a resolu- Whereas the Committee on House Over- make judgments concerning those votes; and tion which raises a question of the Whereas the Committee on House Over- sight has issued unprecedented subpoenas to sight has after over nine months of review the Immigration and Naturalization Service privileges of the House. and investigation failed to present credible to compare their records with Orange Coun- The form of the resolution is as fol- evidence to change the outcome of the elec- ty voter registration records, the first time lows: tion of Congresswoman Sanchez and is pur- in any election in the history of the United Whereas, Loretta Sanchez was issued a cer- suing never ending and unsubstantiated States that the INS has been asked by Con- tificate of election as the elected Member of areas of review; and gress to verify the citizenship of voters; and Congress from the 46th District of California Whereas, Contestant Robert Dornan has Whereas the INS has complied with the and was seated by the U.S. House of Rep- not shown or provided credible evidence that Committee’s request and, at the Commit- resentatives on January 7, 1997; and the outcome of the election is other than tee’s request, has been doing a manual check Whereas A Notice of Contest of Election Congresswoman Sanchez’s election to the of its paper files and providing worksheets was filed with the Clerk of House by Mr. Congress; and containing supplemental information on Robert Dornan on December 26, 1996; and Whereas, the Committee on House Over- that manual check to the Committee on Whereas the Task Force on the Contested sight should complete its review of this mat- House Oversight for over five months; and Election in the 46th District of California ter and bring this contest to an end: Now, Whereas the Committee on House Over- met on February 26th, 1977 in Washington, therefore, be it sight, subpoenaed the records seized by the D.C. on April 19th, 1997 in Orange County, Resolved, That unless the Committee on District Attorney of Orange County on Feb- California, and October 24, 1997 in Washing- House Oversight has sooner reported a rec- ruary 13, 1997 and has received and reviewed ton, D.C.; and ommendation for its final disposition, the all records pertaining to registration efforts Whereas the Committee on the House contest in the 46th District of California is of that group; and Oversight has issued unprecedented October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9583 subpeoneas to the Immigration and Natu- without merit: charges of improper voting b 1815 ralization Service to compare their records from a business, rather than a resident ad- with Orange County voter registration dress; underage voting; double voting; and (By unanimous consent, Ms. HOOLEY records, the first time in any election in the charges of unusually large number of indi- of Oregon was allowed to speak out of history of the United States that the INS has viduals voting from the same address. It was order.) been asked by Congress to verify the citizen- found that voting from the same address in- ANNOUNCEMENT OF INTENTION TO OFFER RESO- ship of voters; and cluded a Marines barracks and the domicile LUTION RAISING QUESTION OF PRIVILEGES OF Whereas the INS has complied with the of nuns, that business addresses were legal THE HOUSE Committee’s request and, at the Commit- residences for the individuals, including the Ms. HOOLEY of Oregon. Mr. Speaker, tee’s request, has been doing a manual check zoo keeper of the Santa Ana zoo, that dupli- pursuant to clause 2 of rule IX, I here- of its paper files and providing worksheets cate voting was by different individuals and by give notice of my intention to offer containing supplemental information on those accused of underage voting were of a resolution which raises a question of that manual check to the Committee on age; and House Oversight for over five months; and Whereas the Committee on House Over- the privileges of the House. Whereas the Committee on House Over- sight has issued unprecedented subpoenas to The form of the resolution is as fol- sight has after over nine months of review the Immigration and naturalization Service lows: and investigation failed to present credible to compare their records with Orange Coun- Whereas, Loretta Sanchez was issued a cer- evidence to change the outcome of the elec- ty voter registration records, the first time tificate of election as a duly elected Member tion of Congresswoman Sanchez and is in any election in the history of the United of Congress from the 46th District of Califor- pursing never ending and unsubstantiated States that the INS has been asked by Con- nia and was seated by the U.S. House of Rep- areas or review; and gress to verify the citizenship of voters; and resentatives on January 7, 1997; and Whereas, the Committee on the House Whereas the INS has complied with the Whereas a Notice of Contest of Election Oversight should complete its review of this Committee’s request and, at the Commit- was filed with the Clerk of the House by Mr. matter and bring the matter forward for the tee’s request, has been doing a manual check Robert Dornan on December 26, 1996; and House of Representatives to vote upon: Now, of its paper files and providing worksheets Whereas the Task Force on the Contested therefore, be it containing supplemental information on Election in the 46th District of California Resolved, That unless the Committee on that manual check to the Committee on met on February 26, 1997 in Washington, House Oversight has sooner reported a rec- House Oversight for over five months; and D.C., on April 19, 1997 in Orange County, ommendation for its final disposition, the Whereas some Members of the House Over- California, and October 24, 1997 in Washing- contest in the 46th District of California is sight Committee are now seeking a duplicate ton, D.C., and dismissed upon the expiration of October 31, and dilatory review of materials already in Whereas the allegations made by Mr. Rob- 1997. the Committees possession by the Secretary ert Dornan have been largely found to be The SPEAKER pro tempore. Without of State of California; and without merit: charges of improper voting from a business, rather than a resident ad- objection, the Chair’s previous an- Whereas the Task Force on the Contested dress; underage voting; double voting; and nouncement will appear in the RECORD Election in the 46th District of California charges of unusually large number of indi- and the Committee have been reviewing at this point. viduals voting from the same address. It was these materials and has all the information There was no objection. found that voting from the same address in- it needs regarding who voted in the 46th Dis- The text of the Chair’s prior an- cluded a Marines barracks and the domicile trict and all the information it needs to nouncement is as follows: of nuns, that business addresses were legal make judgments concerning those votes; and Under rule IX, a resolution offered from residences for the individuals, including the Whereas the Committee on House Over- the floor by a Member other than the Major- zoo keeper of the Santa Ana zoo, that dupli- sight has after over nine months of review ity Leader or the Minority Leader as a ques- cate voting was by different individuals and and investigation failed to present credible tion of the privileges of the House has imme- those accused of underage voting were of evidence to change the outcome of the elec- diate precedence only at a time designated age; and by the Chair within two legislative days tion of Congresswoman Sanchez and is pur- Whereas the Committee on House Over- after the resolution is properly noticed. suing never ending and unsubstantiated sight has issued unprecedented subpoenas to Pending that designation, the form of the areas of review; and the Immigration and Naturalization Service resolution noticed by the gentleman from Whereas, Contestant Robert Dornan has to compare their records with Orange Coun- California [Mr. CONDIT] will appear in the not shown or provided credible evidence that ty voter registration records, the first time RECORD at this point. the outcome of the election is other than in any election in the history of the United The Chair will not at this point determine Congresswoman Sanchez’s election to the States that the INS has been asked by Con- whether the resolution constitutes a ques- Congress; and gress to verify the citizenship of voters; and tion of privilege. That determination will be Whereas, the Committee on House Over- Whereas the INS has complied with the made at the time designated for consider- sight should complete its review of this mat- Committee’s request and, at the Commit- ation of the resolution. ter and bring this contest to an end: Now, tee’s request, has been doing a manual check (Ms. ROYBAL-ALLARD asked and there, be it of its paper files and providing worksheets was given permission to speak out of Resolved, That unless the Committee on containing supplemental information on House Oversight has sooner reported a rec- order.) that manual check to the Committee on ommendation for its final disposition, the House Oversight for over 5 months; and ANNOUNCEMENT OF INTENTION TO OFFER RESO- contest in the 46th District of California is Whereas some Members of the House Over- LUTION RAISING QUESTION OF PRIVILEGES OF dismissed upon the expiration of October 31, sight Committee are now seeking a duplicate THE HOUSE 1997. and dilatory review of materials already in Ms. ROYBAL-ALLARD. Mr. Speaker, The SPEAKER pro tempore. Without the Committee’s possession by the Secretary pursuant to clause 2 of rule IX, I here- objection, the Chair’s previous an- of State of California; and by give notice of my intention to offer Whereas the Task Force on the Contested nouncement will appear in the RECORD Election in the 46th District of California a resolution which raises a question of at this point. the privileges of the House. and the Committee have been reviewing There was no objection. these materials and has all the information The form of the resolution is as fol- The text of the Chair’s prior an- it needs regarding who voted in the 46th Dis- lows: nouncement is as follows: trict and all the information it needs to Whereas, Loretta Sanchez was issued a cer- make judgments concerning these votes; and tificate of election as the duly elected Mem- Under rule IX, a resolution offered from Whereas the Committee on House Over- ber of Congress from the 46th District of the floor by a Member other than the Major- sight has after over nine months of review California by the Secretary of State of Cali- ity Leader or the Minority Leader as a ques- and investigation failed to present credible fornia and was seated by the U.S. House of tion of the privileges of the House has imme- evidence to change the outcome of the elec- Representatives on January 7, 1997; and diate precedence only at a time designated tion of Congresswoman Sanchez and is pur- Whereas A Notice of Contest of Election by the Chair within two legislative days suing never ending and unsubstantiated was filed with the Clerk of the House by Mr. after the resolution is properly notice. areas of review; and Robert Dornan on December 26, 1996; and Pending that designation, the form of the Whereas, Contestant Robert Dornan has Whereas the Task Force on the Contested resolution noticed by the gentlewoman from not shown or provided credible evidence that Election in the 46th District of California California [Ms. ROYBAL-ALLARD] will appear the outcome of the election is other than has met only on February 26, 1997 in Wash- in the RECORD at this point. Congresswoman Sanchez’s election to the ington, D.C. on April 19, 1997 in Orange Coun- The Chair will not at this point determine Congress; and ty, California, and October 24, 1997 in Wash- whether the resolution constitutes a ques- Whereas, the Committee on House Over- ington, D.C.; and tion of privilege. That determination will be sight should complete its review of this mat- Whereas the allegations made by Mr. Rob- made at the time designated for consider- ter and bring this contest to an end and now ert Dornan have been largely found to be ation of the resolution. therefore be it; H9584 CONGRESSIONAL RECORD — HOUSE October 28, 1997 Resolved, that unless the Committee on Whereas the Task Force on the Contested found that voting from the same address in- House Oversight has sooner reported a rec- Election in the 46th District of California cluded a Marines barracks and the domicile ommendation for its disposition, the contest and the Committee have been reviewing of nuns, that business addresses were the in the 46th District of California is dismissed these materials and has all the information legal residences of the individuals, including upon the expiration of October 31, 1997. it needs regarding who voted in the 46th Dis- the zoo keeper of the Santa Ana zoo, that du- The SPEAKER pro tempore. Without trict and all the information it needs to plicate voting was by different individuals objection, the Chair’s previous an- make judgments concerning those votes; and and those accused of underage voting were of Whereas the Committee on House Over- age; and nouncement will appear in the RECORD sight has after over 9 months of review and Whereas the Committee on House Over- at this point. investigation failed to present credible evi- sight has issued unprecedented subpoenas to There was no objection. dence to change the outcome of the election the Immigration and Naturalization Service The text of the Chair’s prior an- of Congresswoman Sanchez and is pursuing to compare their records with Orange Coun- nouncement is as follows: never ending and unsubstantiated areas of ty voter registration records, the first time Under rule IX, a resolution offered from review; and in any election in the history of the United the floor by a Member other than the major- Whereas, Contestant Robert Dornan has States that the INS has been asked by Con- ity leader or the minority leader as a ques- not shown or provided credible evidence that gress to verify the citizenship of voters; and tion of the privileges of the House has imme- the outcome of the election is other than Whereas the INS has complied with the diate precedence only at a time designated Congresswoman Sanchez’s election to the Committee’s request and, at the Commit- by the Chair within 2 legislative days after Congress; and tee’s request, has been doing a manual check the resolution is properly noticed. Whereas, the Committee on House Over- of its paper files and providing worksheets Pending that designation, the form of the sight should complete its review of this mat- containing supplemental information on resolution noticed by the gentlewoman from ter and bring this contest to an end and now that manual check to the Committee on therefore be it; Oregon [Ms. HOOLEY] will appear in the House Oversight for over 5 months; and Resolved, that unless the Committee on RECORD at this point. Whereas some Members of the House Over- The Chair will not at this point determine House Oversight has sooner reported a rec- sight Committee are now seeking a duplicate whether the resolution constitutes a ques- ommendation for its final disposition, the and dilatory review of materials already in tion of privilege. That determination will be contest in the 46th District of California is the Committee’s possession by the Secretary made at the time designated for consider- dismissed upon the expiration of October 31, of State of California; and ation of the resolution. 1997. Whereas the Task force on the Contested Election in the 46th District of California (By unanimous consent, Ms. WATERS The SPEAKER pro tempore. Without objection, the Chair’s previous an- and the Committee have been reviewing was allowed to speak out of order.) these materials and has all the information nouncement will appear in the RECORD ANNOUNCEMENT OF INTENTION TO OFFER RESO- it needs regarding who voted in the 46th Dis- LUTION RAISING QUESTION OF PRIVILEGES OF at this point. trict and all the information it needs to THE HOUSE There was no objection. make judgment concerning those votes; and Ms. WATERS. Mr. Speaker, pursuant The text of the Chair’s prior an- Whereas the Committee on House Over- to clause 2 of rule IX, I hereby give no- nouncement is as follows: sight has after over 9 months of review and tice of my intention to offer a resolu- Under rule IX, a resolution offered from investigation failed to present credible evi- the floor by a Member other than the major- dence to change the outcome of the election tion which raises a question of the of Congresswoman Sanchez and is pursuing privileges of the House. ity leader or the minority leader as a question of the privileges of the House has imme- never ending and unsubstantiated areas of The form of the resolution is as fol- diate precedence only at a time designated review; and lows: by the Chair within 2 legislative days after Whereas, Contestant Robert Dornan has Whereas, a contested election contest has the resolution is properly noticed. not shown or provided credible evidence that been pending between Congresswoman Loret- Pending that designation, the form of the the outcome of the election is other than ta Sanchez and Mr. Robert Dornan since De- resolution noticed by the gentlewoman from Congresswoman Sanchez’s election to the cember 26, 1997; and California [Ms. WATERS] will appear in the Congress; and Whereas the Task Force on the Contested RECORD at this point. Whereas, the Committee on House Over- Election in the 46th District of California The Chair will not at this point determine sight should complete its review of this mat- has only met on February 26, 1997 and Octo- whether the resolution constitutes a ques- ter and bring this contest to an end and now ber 24, 1997 in Washington, D.C., and on April tion of privilege. That determination will be therefore be it; 19, 1997 in Orange County, California; and made at the time designated for consider- Resolved, that unless the Committee on Whereas the allegations made by Mr. Rob- ation of the resolution. House Oversight has sooner reported a rec- ert Dornan have been largely found to be ommendation for its final disposition, the (By unanimous consent, Mr. DOOLEY contest in the 46th District of California is without merit: charges of improper voting of California was allowed to speak out from a business rather than a residence ad- dismissed upon the expiration of October 31, dress; underage voting; double voting; and of order.) 1997. charges of unusually large number of indi- ANNOUNCEMENT OF INTENTION TO OFFER RESO- The SPEAKER pro tempore. Without viduals voting from the same address. It was LUTION RAISING QUESTION OF PRIVILEGES OF objection, the Chair’s previous an- THE HOUSE found that voting from the same address in- nouncement will appear in the RECORD cluded a Marines barracks and the domicile Mr. DOOLEY of California. Mr. at this point. of nuns, that business addresses were legal Speaker, pursuant to clause 2 of rule residences for the individuals, including the There was no objection. IX, I hereby give notice of my inten- The text of the Chair’s prior an- zoo keeper of the Santa Ana zoo, that dupli- tion to offer a resolution which raises a cate voting was by different individuals and nouncement is as follows: question of the privileges of the House. those accused of underage voting were of Under rule IX, a resolution offered from age; and The form of the resolution is as fol- the floor by a Member other than the major- Whereas the Committee on House Over- lows: ity leader or the minority leader as a ques- sight has issued unprecedented subpoenas to Whereas, Loretta Sanchez was issued a cer- tion of the privileges of the House has imme- the Immigration and Naturalization Service tificate of election as the duly elected Mem- diate precedence only at a time designated to compare their records with Orange Coun- ber of Congress from the 46th District of by the Chair within 2 legislative days after ty voter registration records, the first time California by the Secretary of State of Cali- the resolution is properly noticed. in any election in the history of the United fornia and was seated by the U.S. House of Pending that designation, the form of the States that the INS has been asked by Con- Representatives on January 7, 1997; and resolution noticed by the gentleman from gress to verify the citizenship of voters; and Whereas a Notice of Contest of Election California [Mr. DOOLEY] will appear in the Whereas the INS has complied with the was filed with the Clerk of the House by Mr. RECORD at this point. Committee’s request and, at the Commit- Robert Dornan on December 26, 1996; and The Chair will not at this point determine tee’s request, has been doing a manual check Whereas the Task Force on the Contested whether the resolution constitutes a ques- of its paper files and providing worksheets Election in the 46th District of California tion of privilege. That determination will be containing supplemental information on has met only three times; and made at the time designated for consider- that manual check to the Committee on Whereas the allegations made by Mr. Rob- ation of the resolution. House Oversight for over 5 months; and ert Dornan have been largely found to be Mr. SOLOMON. Mr. Speaker, I yield 6 Whereas some Members of the House Over- without merit: charges of improper voting sight Committee are now seeking a duplicate from a business, rather than a resident ad- minutes to the gentleman from and dilatory review of materials already in dress; underage voting; double voting; and Westerville, Ohio [Mr. KASICH], who a the Committee’s possession by the Secretary charges of unusually large number of indi- number of years ago came to this body. of State of California; and viduals voting from the same address. It was He has since proven himself to be one October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9585 of the most respected and distinguished ments and security arrangements that mitted he had not been informed about Members. As a matter of fact, I can have been made by the President uni- the exit strategy for Bosnia. It is likely only recall disagreeing with him one laterally, without the consent or full that to the extent an exit strategy ex- time. It was on a little airplane, but knowledge of Congress. ists, it is so firmly tied to hazily de- beyond that, he has always been right. Throughout our Nation’s history, fined future political events that there Mr. KASICH. A little airplane that prior Presidents have sought Congres- is always sufficient reason to leave cost $2 billion apiece, but nevertheless. sional consent for extended deploy- U.S. troops in place. Mr. Speaker, I am very disappointed ments of the United States Armed Finally, our mission in Bosnia raises the conferees did not reflect the clear Forces overseas, either through dec- troubling questions about allied burden will of the House in the conference re- larations of war or by acts of Congress sharing. The bottom line on the burden port’s provision dealing with Bosnia. authorizing specific deployment. sharing is this is in the vital interests The mission of the U.S. Armed Forces Article I of the Constitution grants of Europe, but is not really the vital di- in Bosnia has been characterized by a Congress the sole authority to declare rect interests of the United States, and failure to define achievable objectives, war. These powers were explicitly it does not follow that U.S. ground a unilateral shifting of deadlines and a given to Congress in order to prevent troops must be tied up there for years. refusal on the part of the administra- the President, in his role as Com- If the Europeans truly have the will to tion to clearly explain its goals either mander in Chief, from using the Armed maintain peace in Bosnia, they will to Congress or to the public at large. If Forces for purposes that have not been find a way, and the administration the American people are to have any approved of by Congress on behalf of should press the Europeans to begin confidence in our national security pol- the national security interests of the planning now. icy, that policy must be honestly and American people. Ladies and gentlemen of the House, if forthrightly presented to them. Nowhere in the Constitution is the I am troubled by the unclear focus of the President of the United States at- President empowered to deploy U.S. the mission and the apparent lack of tempts to extend the mission in Bosnia Armed Forces for war or beyond our an exit strategy. The underlying beyond June of 1998, I will come to the premise of the original mission was to borders without the consent of Con- House floor and do everything I can to separate the warring parties, then turn gress. It is generally agreed, however, work with the chairman of the Com- the peacekeeping role over to our Euro- that situations of imminent or imme- mittee on Rules to end that deploy- pean allies within one year. diate danger to American life or prop- ment. This is a mission with no clear In November of 1995, in his address to erty may arise that would give the objective, no exit strategy, and no rea- the Nation regarding our proposed President the power to act without pre- sonable goal of accomplishing a mis- commitment of forces to Bosnia, Presi- vious Congressional consent. But the sion. Frankly, it is difficult to know dent Clinton said that our participa- extended deployment to Bosnia hardly what the mission is because the admin- tion should last about one year. How- qualifies for such unilateral action. istration has never defined it. This is a ever, in November of 1996, the Presi- President Clinton, by ordering the prescription for failure and a risking of dent announced that our military pres- deployment of our military into Bosnia the lives of U.S. men and women in ence in Bosnia would be extended for without the consent of Congress, has Bosnia. The President should get us another 18 months, until June 30 of assumed that the making of war is the out. 1998. prerogative of the executive branch. Mr. SOLOMON. Mr. Speaker, I yield Secretary of Defense Cohen has em- But the raising, maintenance, govern- myself such time as I may consume for phatically stated his understanding ance and regulation of the deployment the purposes of agreeing with the gen- that U.S. forces would be withdrawn by and use of the Armed Forces of the tleman from Ohio [Mr. KASICH] and the end of June of 1998. However, on United States is the prerogative of commending him for his statement. September 23 of this year, National Se- Congress. Mr. Speaker, I am the vice president curity Adviser Berger cast serious Not only does the conferees’ weaken- of the North Atlantic Assembly, the doubt on this second deadline. ing of the House position undercut parliamentary arm of NATO. At a It was against this background on Congress’ legitimate authority to work NATO meeting just 2 weeks ago, I in- June 24, 1997, that the House voted in its will on a vital foreign policy matter formed our 15 other NATO allies that overwhelming numbers to prohibit that involves the commitment of sub- by June 1998, we will have been in funding for U.S. ground forces in stantial U.S. military forces, it comes Bosnia for 21⁄2 years; that this was not Bosnia after June of 1998. This strong precisely at a time when the inter- going to turn into another Vietnam; show of support for setting a date cer- national organization, the inter- that we were not going to continue to tain for withdrawal came just after the national force, is clearly drifting deep- leave our troops there indefinitely at House rejected an amendment to wither into the quagmire in the Balkans, great expense to our military budget; draw our forces by December 31, 1997. rather than preparing to disengage and that the NATO allies had better Together, these votes demonstrated from it. begin to make plans to solve a Euro- the consensus in the House that we During the last three months, that pean problem, a European problem should wrap up our Bosnia deployment. force has become more and more entan- being a civil strife within sovereign The conferees’ decision to abandon a gled in efforts at nation building, a boundaries of a country, and that firm withdrawal date in favor of lan- flawed objective as well as an inappro- guage merely requiring presidential NATO should not be there trying to priate use of combat forces. For exam- solve civil matters, trying to be peace- certifications for the Bosnia mission to ple, those troops are increasingly be- be extended for an indefinite period of makers. coming involved in Serbian interparty time after June 30, 1998; in other words, So I just wanted to commend the politics, the takeover of police stations there is no limit, we have accepted a gentleman from Ohio [Mr. KASICH] for and the censorship of television broad- much weaker position, not only weak- his statement. We will speak to this casts. These recent actions compromise ens the House position but it offers fur- further. We have spoken to it twice al- our status as neutral peacekeepers and ther scope for yet another extension of ready on the floor of this Congress, and jeopardize the primary mission of sepa- the Bosnia mission. we will speak to it again in the months It is a generally accepted premise rating the former belligerents. More to come, that those troops must come that the President is the sole organ of important, they endanger American out of there no later than June 1998. the Federal Government in the field of lives in much the same way as our Mr. Speaker, I reserve the balance of international relations and that Con- poorly-thought-out policies in Somalia my time. gress generally accepts a broad scope and Lebanon. Mr. MOAKLEY. Mr. Speaker, I yield for independent executive action in The administration has compounded three minutes to the gentleman from international affairs. the difficulty of a confused, evolving California [Mr. DELLUMS], the ranking mission in Bosnia by the lack of a clear member on the Committee on National b 1830 exit strategy. When Henry Shelton tes- Security. But Congress has long been con- tified in the Senate during his con- Mr. DELLUMS. Mr. Speaker, I thank cerned about U.S. military commit- firmation hearing, General Shelton ad- the gentleman for yielding me time. H9586 CONGRESSIONAL RECORD — HOUSE October 28, 1997 Mr. Speaker, first, this is a very potential threat to philanthropic inter- The Depot Caucus believes this work straightforward rule, one hour of de- ests, it would be difficult for the Pre- should go to the depots, regardless of bate on the conference report. I have sidio Trust to meet its self-sufficiency cost and regardless of what the Defense no problem with the rule. Secondly, I requirements without a timely and Department needs. They are protecting would like to say to my distinguished thorough cleanup of the Presidio. Se- their home turf, and I respect that, but colleague, the gentleman from Ohio curing the leases necessary to generate it is also bad policy, and this is not [Mr. KASICH] that there is a different revenues is essential to the success of what we should be supporting. It puts perspective and point of view on the trust, and can only be accom- our troops at a disadvantage. Bosnia. This obviously is not the time plished if the cleanup is timely and The Secretary of Defense and his nor the place for us to engage in sub- thorough. military commanders need the flexibil- stantive debate on that matter. I would like to yield to the gen- ity on the current law to modernize. To With the balance of the time, Mr. tleman from Colorado for his final re- do so, they need to have the ability to Speaker, I would like to, for the pur- marks. take the best and most appropriate poses of colloquy, engage the distin- Mr. HEFLEY. Mr. Speaker, I thank public or private bid. guished gentleman from Colorado [Mr. the gentleman for yielding further. Let us not tie the Pentagon’s hands HEFLEY]. Mr. Speaker, the gentleman has with a requirement on design, because, There is considerable concern, I raised very important concerns, ones at the end, it is only to protect the ex- would like to say to my distinguished which have also been voiced by the isting bases that are there now. It will colleague from Colorado, at both the Committee on Appropriations in two of be at the expense of modernization and local level and the Federal level, that its measures. We will work together to at the expense of readiness. A vote the environmental cleanup proposed by resolve these questions to ensure the against the defense authorization bill the Department of the Army for the success of the Presidio. is a vote for competition and for the fu- Presidio in San Francisco will not Mr. DELLUMS. Mr. Speaker, re- ture of our military readiness. meet the environmental health and claiming my time, I think this has Mr. Speaker, there is also evidence in safety criteria appropriate for a na- been an important colloquy. the newspapers by some individuals in- tional park. Mr. MOAKLEY. Mr. Speaker, I yield dicating that on the contracts that are The Presidio, as you know, Mr. three minutes to the gentleman from out there, ‘‘Contractors will have to in- Speaker, is the only base closure to Texas [Mr. RODRIGUEZ], a member of clude in their bids millions of dollars of convert to national park use, and it is the committee. costs that were previously required.’’ I important for the Army to meet the Mr. RODRIGUEZ. Mr. Speaker, I think this will make it unlikely that cleanup levels set by the National Park want to indicate that this is no com- the contractor will even bid. Service. promise. It is like someone stealing Mr. SOLOMON. Mr. Speaker, let me I would encourage the committee to your wallet and then offering only to interrupt this debate to yield such work with the gentlewoman from Cali- return a few dollars. The bottom line time as he may consume to the gen- fornia [Ms. PELOSI] in urging the De- is, this is not an appropriate agreement tleman from Sanibel, FL [Mr. GOSS] partment of the Army to expedite its we can deal with. chairman of the Permanent Select environmental remediation efforts at The language in this bill prevents Committee on Intelligence. fair competition for Defense Depart- the Presidio. This is a clear case where f there should be an accelerated cleanup ment maintenance work. This means that meets the requirements of the na- higher costs for U.S. taxpayers. I re- CONFERENCE REPORT ON S. 858, tional park to ensure the public health peat, the depot language in this bill INTELLIGENCE AUTHORIZATION and safety of the millions of visitors will cost the taxpayers money. ACT FOR FISCAL YEAR 1998 there. We just completed a competition for Mr. GOSS submitted the following Mr. HEFLEY. Mr. Speaker, will the work done at Kelly Air Force Base. conference report and statement on the gentleman yield? Warner–Robins Air Force Base in Geor- Senate bill (S. 858) to authorize appro- Mr. DELLUMS. I yield to the gen- gia won the contract, at a savings of priations for fiscal year 1998 for intel- tleman from Colorado. $190 million. The language in this bill ligence and intelligence-related activi- Mr. HEFLEY. Mr. Speaker, I share would prevent us from seeing such sav- ties of the United States Government, the concerns that my colleague has ings in the future. the Community Management Account, raised and will work with the commit- Without the ability to conduct a fair and the Central Intelligence Agency tee, and with him, and with the gentle- public-private competition, the Air Retirement and Disability System, and woman from California [Ms. PELOSI] to Force and Defense Department will not for other purposes: ensure an appropriate cleanup for the be able to fund the modernization pro- CONFERENCE REPORT (H. REPT. 105–350) Presidio. gram needed for our military to remain We have this problem with a number superior. Whether one thinks we should The committee of conference on the disagreeing votes of the two Houses on the of bases around the country, but I be spending additional money or not amendment of the House to the bill (S.858), think this one has a unique factor con- for national defense, everyone should to authorize appropriations for fiscal year nected with it. I think the gentleman agree that we should use every dollar 1998 for intelligence and intelligence-related from California [Mr. DELLUMS] has most effectively. activities of the United States Government, pointed out what that factor is, and The language in this bill is to the the Community Management Account, and that is that this is a national park. We contrary. It makes public-private com- the Central Intelligence Agency Retirement want to move forward in creating this, petition next to impossible. Supporters and Disability System, and for other pur- and, if we are going to do this, we want of the language freely and proudly poses, having met, after full and free con- admit that it will make it too expen- ference, have agreed to recommend and do it to be a good national park. We can- recommend to their respective Houses as fol- not do that without the cleanup. sive and too restrictive for the private lows: I share the gentleman’s concerns and contractors to bid on depot work at That the Senate recede from its disagree- will do everything I can to work with San Antonio and Sacramento. The ment to the amendment of the House and him and solve this problem. deck is stacked against free competi- agree to the same with an amendment as fol- Mr. DELLUMS. Mr. Speaker, re- tion and against the U.S. taxpayer and lows: claiming my time, I thank the gen- military modernization. In lieu of the matter proposed to be in- tleman for his thoughtful remarks and It should come as no surprise that serted by the House amendment, insert the response. I would just like to further the most punitive restrictions fall on following: for the record make the following com- the competition workload at the clos- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ment. ing depots in San Antonio and Sac- (a) SHORT TITLE.—This Act may be cited as the ‘‘Intelligence Authorization Act for Fiscal Significant philanthropic efforts are ramento. Private bidders must comply Year 1998’’. under way at the Presidio where size- with arcane rules not imposed on the (b) TABLE OF CONTENTS.—The table of con- able pledges have been made to the Na- public bidders, so we do not have a tents for this Act is as follows: tional Park Service. In addition to the level playing field. Sec. 1. Short title; table of contents. October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9587 TITLE I—INTELLIGENCE ACTIVITIES appropriated under section 101, and the author- that any such officer, employee, or member may Sec. 101. Authorization of appropriations. ized personnel ceilings as of September 30, 1998, be detailed on a non-reimbursable basis for a pe- Sec. 102. Classified schedule of authorizations. for the conduct of the intelligence and intel- riod of less than one year for the performance of Sec. 103. Personnel ceiling adjustments. ligence-related activities of the elements listed in temporary functions as required by the Director Sec. 104. Community Management Account. such section, are those specified in the classified of Central Intelligence. (e) NATIONAL DRUG INTELLIGENCE CENTER.— TITLE II—CENTRAL INTELLIGENCE AGEN- Schedule of Authorizations prepared to accom- (1) IN GENERAL.—Of the amount authorized to CY RETIREMENT AND DISABILITY SYS- pany the conference report on the bill S.858 of be appropriated in subsection (a), the amount of TEM the One Hundred Fifth Congress. (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF $27,000,000 shall be available for the National Sec. 201. Authorization of appropriations. AUTHORIZATIONS.—The Schedule of Authoriza- Drug Intelligence Center. Within such amount, TITLE III—GENERAL PROVISIONS tions shall be made available to the Committees funds provided for research, development, test, Sec. 301. Increase in employee compensation on Appropriations of the Senate and House of and evaluation purposes shall remain available and benefits authorized by law. Representatives and to the President. The Presi- until September 30, 1999, and funds provided for Sec. 302. Restriction on conduct of intelligence dent shall provide for suitable distribution of procurement purposes shall remain available activities. the Schedule, or of appropriate portions of the until September 30, 2000. Sec. 303. Detail of intelligence community per- Schedule, within the Executive Branch. (2) TRANSFER OF FUNDS.—The Director of sonnel. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. Central Intelligence shall transfer to the Attor- ney General of the United States funds avail- Sec. 304. Extension of application of sanctions (a) AUTHORITY FOR ADJUSTMENTS.—With the laws to intelligence activities. approval of the Director of the Office of Man- able for the National Drug Intelligence Center Sec. 305. Sense of Congress on intelligence com- agement and Budget, the Director of Central In- under paragraph (1). The Attorney General munity contracting. telligence may authorize employment of civilian shall utilize funds so transferred for the activi- Sec. 306. Sense of Congress on receipt of classi- personnel in excess of the number authorized for ties of the Center. (3) LIMITATION.—Amounts available for the fied information. fiscal year 1998 under section 102 when the Di- Center may not be used in contravention of the Sec. 307. Provision of information on certain rector of Central Intelligence determines that provisions of section 103(d)(1) of the National violent crimes abroad to victims such action is necessary to the performance of Security Act of 1947 (50 U.S.C. 403–3(d)(1)). and victims’ families. important intelligence functions, except that the (4) AUTHORITY.—Notwithstanding any other Sec. 308. Annual reports on intelligence activi- number of personnel employed in excess of the provision of law, the Attorney General shall re- ties of the People’s Republic of number authorized under such section may not, tain full authority over the operations of the China. for any element of the intelligence community, Center. Sec. 309. Standards for spelling of foreign exceed two percent of the number of civilian names and places and for use of personnel authorized under such section for TITLE II—CENTRAL INTELLIGENCE AGEN- geographic coordinates. such element. CY RETIREMENT AND DISABILITY SYS- Sec. 310. Review of studies on chemical weap- (b) NOTICE TO INTELLIGENCE COMMITTEES.— TEM ons in the Persian Gulf during the The Director of Central Intelligence shall SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Persian Gulf War. promptly notify the Permanent Select Committee There is authorized to be appropriated for the Sec. 311. Amendments to Fair Credit Reporting on Intelligence of the House of Representatives Central Intelligence Agency Retirement and Dis- Act. and the Select Committee on Intelligence of the ability Fund for fiscal year 1998 the sum of TITLE IV—CENTRAL INTELLIGENCE Senate whenever the Director exercises the au- $196,900,000. AGENCY thority granted by this section. TITLE III—GENERAL PROVISIONS Sec. 401. Multiyear leasing authority. SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. SEC. 301. INCREASE IN EMPLOYEE COMPENSA- Sec. 402. Subpoena authority for the Inspector (a) AUTHORIZATION OF APPROPRIATIONS.— TION AND BENEFITS AUTHORIZED General of the Central Intel- (1) AUTHORIZATION.—There is authorized to be BY LAW. ligence Agency. appropriated for the Community Management Appropriations authorized by this Act for sal- Sec. 403. CIA central services program. Account of the Director of Central Intelligence ary, pay, retirement, and other benefits for Fed- Sec. 404. Protection of CIA facilities. for fiscal year 1998 the sum of $121,580,000. eral employees may be increased by such addi- Sec. 405. Administrative location of the Office (2) AVAILABILITY OF CERTAIN FUNDS.—Within tional or supplemental amounts as may be nec- of the Director of Central Intel- such amount, funds identified in the classified essary for increases in such compensation or ligence. Schedule of Authorizations referred to in section benefits authorized by law. TITLE V—DEPARTMENT OF DEFENSE 102(a) for the Advanced Research and Develop- SEC. 302. RESTRICTION ON CONDUCT OF INTEL- INTELLIGENCE ACTIVITIES ment Committee and the Environmental Intel- LIGENCE ACTIVITIES. The authorization of appropriations by this Sec. 501. Authority to award academic degree of ligence and Applications Program shall remain Act shall not be deemed to constitute authority Bachelor of Science in Intel- available until September 30, 1999. (b) AUTHORIZED PERSONNEL LEVELS.—The ele- for the conduct of any intelligence activity ligence. which is not otherwise authorized by the Con- Sec. 502. Funding for infrastructure and qual- ments within the Community Management Ac- stitution or the laws of the United States. ity of life improvements at count of the Director of Central Intelligence are Menwith Hill and Bad Aibling authorized a total of 283 full-time personnel as SEC. 303. DETAIL OF INTELLIGENCE COMMUNITY PERSONNEL. stations. of September 30, 1998. Personnel serving in such (a) IN GENERAL.—Title I of the National Secu- Sec. 503. Unauthorized use of name, initials, or elements may be permanent employees of the rity Act of 1947 (50 U.S.C. 401 et seq.) is amend- seal of National Reconnaissance Community Management Account element or ed by adding at the end the following new sec- Office. personnel detailed from other elements of the United States Government. tion: TITLE I—INTELLIGENCE ACTIVITIES (c) CLASSIFIED AUTHORIZATIONS.— ‘‘DETAIL OF INTELLIGENCE COMMUNITY PERSON- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. (1) AUTHORIZATION OF APPROPRIATIONS.—In NEL—INTELLIGENCE COMMUNITY ASSIGNMENT Funds are hereby authorized to be appro- addition to amounts authorized to be appro- PROGRAM priated for fiscal year 1998 for the conduct of priated for the Community Management Ac- ‘‘SEC. 113. (a) DETAIL.—(1) Notwithstanding the intelligence and intelligence-related activi- count by subsection (a), there is also authorized any other provision of law, the head of a de- ties of the following elements of the United to be appropriated for the Community Manage- partment with an element in the intelligence States Government: ment Account for fiscal year 1998 such addi- community or the head of an intelligence com- (1) The Central Intelligence Agency. tional amounts as are specified in the classified munity agency or element may detail any em- (2) The Department of Defense. Schedule of Authorizations referred to in section ployee within that department, agency, or ele- (3) The Defense Intelligence Agency. 102(a). ment to serve in any position in the Intelligence (4) The National Security Agency. (2) AUTHORIZATION OF PERSONNEL.—In addi- Community Assignment Program on a reimburs- (5) The Department of the Army, the Depart- tion to the personnel authorized by subsection able or a nonreimbursable basis. ment of the Navy, and the Department of the (b) for elements of the Community Management ‘‘(2) Nonreimbursable details may be for such Air Force. Account as of September 30, 1998, there is hereby periods as are agreed to between the heads of (6) The Department of State. authorized such additional personnel for such the parent and host agencies, up to a maximum (7) The Department of the Treasury. elements as of that date as is specified in the of three years, except that such details may be (8) The Department of Energy. classified Schedule of Authorizations. extended for a period not to exceed one year (9) The Federal Bureau of Investigation. (d) REIMBURSEMENT.—Except as provided in when the heads of the parent and host agencies (10) The Drug Enforcement Administration. section 113 of the National Security Act of 1947 determine that such extension is in the public (11) The National Reconnaissance Office. (as added by section 303 of this Act), during fis- interest. (12) The National Imagery and Mapping cal year 1998, any officer or employee of the ‘‘(b) BENEFITS, ALLOWANCES, TRAVEL, INCEN- Agency. United States or member of the Armed Forces TIVES.—An employee detailed under subsection SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- who is detailed to the staff of an element within (a) may be authorized any benefit, allowance, TIONS. the Community Management Account from an- travel, or incentive otherwise provided to en- (a) SPECIFICATIONS OF AMOUNTS AND PERSON- other element of the United States Government hance staffing by the organization from which NEL CEILINGS.—The amounts authorized to be shall be detailed on a reimbursable basis, except the employee is detailed. H9588 CONGRESSIONAL RECORD — HOUSE October 28, 1997

‘‘(c) ANNUAL REPORT.—Not later than March (2) subject to subsection (c), promptly make (2) The Permanent Select Committee on Intel- 1, 1999, and annually thereafter, the Director of such information available to— ligence of the House of Representatives. Central Intelligence shall submit to the Perma- (A) the victims of such crimes; or SEC. 310. REVIEW OF STUDIES ON CHEMICAL nent Select Committee on Intelligence of the (B) when appropriate, the family members of WEAPONS IN THE PERSIAN GULF House of Representatives and the Select Com- the victims of such crimes if such family mem- DURING THE PERSIAN GULF WAR. mittee on Intelligence of the Senate a report de- bers are United States citizens. (a) REVIEW.— scribing the detail of intelligence community (c) LIMITATIONS.—The Secretary shall work (1) IN GENERAL.—Not later than May 31, 1998, personnel pursuant to subsection (a) during the with the heads of appropriate departments and the Inspector General of the Central Intelligence 12-month period ending on the date of the re- agencies of the United States Government in Agency shall complete a review of the studies port. The report shall set forth the number of order to ensure that information relevant to a conducted by the Federal Government regarding personnel detailed, the identity of parent and crime covered by subsection (b) is promptly re- the presence, use, or destruction of chemical host agencies or elements, and an analysis of viewed and, to the maximum extent practicable, weapons in the Persian Gulf theater of oper- the benefits of the details.’’. without jeopardizing sensitive sources and ations during the Persian Gulf War. (b) TECHNICAL AMENDMENT.—Sections 120, methods or other vital national security inter- (2) PURPOSE.—The purpose of the review is to 121, and 110 of the National Security Act of 1947 ests, or without jeopardizing an on-going crimi- identify any additional investigation or research are hereby redesignated as sections 110, 111, and nal investigation or proceeding, made available that may be necessary— 112, respectively. under that subsection unless such disclosure is (A) to determine fully and completely the ex- (c) CLERICAL AMENDMENT.—The table of con- specifically prohibited by law. tent of Central Intelligence Agency knowledge tents in the first section of such Act is amended SEC. 308. ANNUAL REPORTS ON INTELLIGENCE of the presence, use, or destruction of such by striking out the items relating to sections 120, ACTIVITIES OF THE PEOPLE’S RE- weapons in that theater of operations during 121, and 110 and inserting in lieu thereof the fol- PUBLIC OF CHINA. that war; and lowing: (a) REPORT TO CONGRESS.—Not later than 90 (B) with respect to any other issue relating to ‘‘Sec. 110. National mission of National Imagery days after the date of enactment of this Act and the presence, use, or destruction of such weap- and Mapping Agency. annually thereafter, the Director of Central In- ons in that theater of operations during that ‘‘Sec. 111. Collection tasking authority. telligence and the Director of the Federal Bu- war that the Inspector General considers appro- ‘‘Sec. 112. Restrictions on intelligence sharing reau of Investigation, jointly and in consulta- priate. with the United Nations. tion with the heads of other appropriate Federal (b) REPORT ON REVIEW.— ‘‘Sec. 113. Detail of intelligence community per- agencies, including the National Security Agen- (1) REQUIREMENT.—Upon the completion of sonnel—intelligence community cy and the Departments of Defense, Justice, the review, the Inspector General shall submit to assignment program.’’. Treasury, and State, shall prepare and transmit the Select Committee on Intelligence of the Sen- (d) EFFECTIVE DATE.—The amendment made to Congress a report on intelligence activities of ate and the Permanent Select Committee on In- by subsection (a) shall apply to an employee on the People’s Republic of China directed against telligence of the House of Representatives a re- detail on or after January 1, 1997. or affecting the interests of the United States. port on the results of the review. The report SEC. 304. EXTENSION OF APPLICATION OF SANC- (b) DELIVERY OF REPORT.—The Director of shall include such recommendations for addi- TIONS LAWS TO INTELLIGENCE AC- Central Intelligence and the Director of the Fed- tional investigations or research as the Inspec- TIVITIES. eral Bureau of Investigation shall jointly trans- tor General considers appropriate. Section 905 of the National Security Act of mit classified and unclassified versions of the re- (2) FORM.—The report shall be submitted in 1947 (50 U.S.C. 441d) is amended by striking out port to the Speaker and Minority leader of the unclassified form, but may include a classified ‘‘January 6, 1998’’ and inserting in lieu thereof House of Representatives, the Majority and Mi- annex. ‘‘January 6, 1999’’. nority leaders of the Senate, the Chairman and SEC. 311. AMENDMENTS TO FAIR CREDIT REPORT- SEC. 305. SENSE OF CONGRESS ON INTEL- Ranking Member of the Permanent Select Com- ING ACT. LIGENCE COMMUNITY CONTRACT- mittee on Intelligence of the House of Represent- (a) EXCEPTION TO CONSUMER DISCLOSURE RE- ING. atives, and the Chairman and Vice-Chairman of QUIREMENT.—Section 604(b) of the Fair Credit It is the sense of Congress that the Director of the Select Committee on Intelligence of the Sen- Reporting Act (15 U.S.C. 1681b(b)) (as amended Central Intelligence should continue to direct ate. by chapter 1 of subtitle D of the Economic that elements of the intelligence community, SEC. 309. STANDARDS FOR SPELLING OF FOR- Growth and Regulatory Paperwork Reduction whenever compatible with the national security EIGN NAMES AND PLACES AND FOR Act of 1996) is amended by adding at the end the interests of the United States and consistent USE OF GEOGRAPHIC COORDINATES. following new paragraph: with operational and security concerns related (a) SURVEY OF CURRENT STANDARDS.— ‘‘(4) EXCEPTION FOR NATIONAL SECURITY IN- to the conduct of intelligence activities, and (1) SURVEY.—The Director of Central Intel- VESTIGATIONS.— where fiscally sound, should competitively ligence shall carry out a survey of current ‘‘(A) IN GENERAL.—In the case of an agency or award contracts in a manner that maximizes the standards for the spelling of foreign names and department of the United States Government procurement of products properly designated as places, and the use of geographic coordinates which seeks to obtain and use a consumer report having been made in the United States. for such places, among the elements of the intel- for employment purposes, paragraph (3) shall SEC. 306. SENSE OF CONGRESS ON RECEIPT OF ligence community. not apply to any adverse action by such agency CLASSIFIED INFORMATION. (2) REPORT.—Not later than 90 days after the or department which is based in part on such It is the sense of Congress that Members of date of enactment of this Act, the Director shall consumer report, if the head of such agency or Congress have equal standing with officials of submit to the congressional intelligence commit- department makes a written finding that— the Executive Branch to receive classified infor- tees a report on the survey carried out under ‘‘(i) the consumer report is relevant to a na- mation so that Congress may carry out its over- paragraph (1). The report shall be submitted in tional security investigation of such agency or sight responsibilities under the Constitution. unclassified form, but may include a classified department; SEC. 307. PROVISION OF INFORMATION ON CER- annex. ‘‘(ii) the investigation is within the jurisdic- TAIN VIOLENT CRIMES ABROAD TO (b) GUIDELINES.— tion of such agency or department; VICTIMS AND VICTIMS’ FAMILIES. (1) ISSUANCE.—Not later than 180 days after ‘‘(iii) there is reason to believe that compli- (a) SENSE OF CONGRESS.—It is the sense of the date of enactment of this Act, the Director ance with paragraph (3) will— Congress that— shall issue guidelines to ensure the use of uni- ‘‘(I) endanger the life or physical safety of (1) it is in the national interests of the United form spelling of foreign names and places and any person; States to provide information regarding the kill- the uniform use of geographic coordinates for ‘‘(II) result in flight from prosecution; ing, abduction, torture, or other serious mis- such places. The guidelines shall apply to all in- ‘‘(III) result in the destruction of, or tamper- treatment of United States citizens abroad to the telligence reports, intelligence products, and ining with, evidence relevant to the investigation; victims of such crimes, or the families of victims telligence databases prepared and utilized by ‘‘(IV) result in the intimidation of a potential of such crimes if they are United States citizens; the elements of the intelligence community. witness relevant to the investigation; and (2) BASIS.—The guidelines under paragraph ‘‘(V) result in the compromise of classified in- (2) the provision of such information is suffi- (1) shall, to the maximum extent practicable, be formation; or ciently important that the discharge of the re- based on current United States Government ‘‘(VI) otherwise seriously jeopardize or unduly sponsibility for identifying and disseminating standards for the transliteration of foreign delay the investigation or another official pro- such information should be vested in a cabinet- names, standards for foreign place names devel- ceeding. level officer of the United States Government. oped by the Board on Geographic Names, and a ‘‘(B) NOTIFICATION OF CONSUMER UPON CON- (b) RESPONSIBILITY.—The Secretary of State standard set of geographic coordinates. CLUSION OF INVESTIGATION.—Upon the conclu- shall take appropriate actions to ensure that the (3) SUBMITTAL TO CONGRESS.—The Director sion of a national security investigation de- United States Government takes all appropriate shall submit a copy of the guidelines to the con- scribed in subparagraph (A), or upon the deter- actions to— gressional intelligence committees. mination that the exception under subpara- (1) identify promptly information (including (c) CONGRESSIONAL INTELLIGENCE COMMITTEES graph (A) is no longer required for the reasons classified information) in the possession of the DEFINED.—In this section, the term ‘‘congres- set forth in such subparagraph, the official ex- departments and agencies of the United States sional intelligence committees’’ means the fol- ercising the authority in such subparagraph Government regarding the killing, abduction, lowing: shall provide to the consumer who is the subject torture, or other serious mistreatment of United (1) The Select Committee on Intelligence of the of the consumer report with regard to which States citizens abroad; and Senate. such finding was made— October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9589 ‘‘(i) a copy of such consumer report with any (5) by inserting after paragraph (6) the follow- of that section is amended by inserting ‘‘, or classified information redacted as necessary; ing new paragraph: from issuing any subpoena, after the Inspector ‘‘(ii) notice of any adverse action which is ‘‘(7) Notwithstanding section 1341(a)(1) of title General has decided to initiate, carry out, or based, in part, on the consumer report; and 31, United States Code, enter into multiyear complete such audit, inspection, or investigation ‘‘(iii) the identification with reasonable speci- leases for up to 15 years.’’; and or to issue such subpoena,’’ after ‘‘or investiga- ficity of the nature of the investigation for (6) by inserting at the end the following new tion’’. which the consumer report was sought. subsection: SEC. 403. CIA CENTRAL SERVICES PROGRAM. ‘‘(C) DELEGATION BY HEAD OF AGENCY OR DE- ‘‘(b)(1) The authority to enter into a multiyear (a) AUTHORITY FOR PROGRAM.—The Central PARTMENT.—For purposes of subparagraphs (A) lease under subsection (a)(7) shall be subject to Intelligence Agency Act of 1949 (50 U.S.C. 403a and (B), the head of any agency or department appropriations provided in advance for— et seq.) is amended by adding at the end the fol- of the United States Government may delegate ‘‘(A) the entire lease; or lowing new section: his or her authorities under this paragraph to ‘‘(B) the first 12 months of the lease and the ‘‘CENTRAL SERVICES PROGRAM an official of such agency or department who Government’s estimated termination liability. has personnel security responsibilities and is a ‘‘(2) In the case of any such lease entered into ‘‘SEC. 21. (a) IN GENERAL.—The Director may member of the Senior Executive Service or equiv- under subparagraph (B) of paragraph (1)— carry out a program under which elements of alent civilian or military rank. ‘‘(A) such lease shall include a clause that the Agency provide items and services on a reim- ‘‘(D) REPORT TO THE CONGRESS.—Not later provides that the contract shall be terminated if bursable basis to other elements of the Agency than January 31 of each year, the head of each budget authority (as defined by section 3(2) of and to other Government agencies. The Director agency and department of the United States the Congressional Budget and Impoundment shall carry out the program in accordance with Government that exercised authority under this Control Act of 1974 (2 U.S.C. 622(2))) is not pro- the provisions of this section. paragraph during the preceding year shall sub- vided specifically for that project in an appro- ‘‘(b) PARTICIPATION OF AGENCY ELEMENTS.— mit a report to the Congress on the number of priations Act in advance of an obligation of (1) In order to carry out the program, the Direc- times the department or agency exercised such funds in respect thereto; tor shall— authority during the year. ‘‘(B) notwithstanding section 1552 of title 31, ‘‘(A) designate the elements of the Agency ‘‘(E) DEFINITIONS.—For purposes of this para- United States Code, amounts obligated for pay- that are to provide items or services under the graph, the following definitions shall apply: ing termination costs with respect to such lease program (in this section referred to as ‘central ‘‘(i) CLASSIFIED INFORMATION.—The term shall remain available until the costs associated service providers’); ‘classified information’ means information that with termination of such lease are paid; ‘‘(B) specify the items or services to be pro- is protected from unauthorized disclosure under ‘‘(C) funds available for termination liability vided under the program by such providers; and Executive Order No. 12958 or successor orders. shall remain available to satisfy rental obliga- ‘‘(C) assign to such providers for purposes of ‘‘(ii) NATIONAL SECURITY INVESTIGATION.—The tions with respect to such lease in subsequent the program such inventories, equipment, and term ‘national security investigation’ means any fiscal years in the event such lease is not termi- other assets (including equipment on order) as official inquiry by an agency or department of nated early, but only to the extent those funds the Director determines necessary to permit such the United States Government to determine the are in excess of the amount of termination li- providers to provide items or services under the eligibility of a consumer to receive access or con- ability at the time of their use to satisfy such program. tinued access to classified information or to de- rental obligations; and ‘‘(2) The designation of elements and the spec- termine whether classified information has been ‘‘(D) funds appropriated for a fiscal year may ification of items and services under paragraph lost or compromised.’’. be used to make payments on such lease, for a (1) shall be subject to the approval of the Direc- (b) RESALE OF CONSUMER REPORT TO A FED- maximum of 12 months, beginning any time dur- tor of the Office of Management and Budget. ERAL AGENCY OR DEPARTMENT.—Section 607(e) ing such fiscal year.’’. ‘‘(c) CENTRAL SERVICES WORKING CAPITAL of the Fair Credit Reporting Act (12 U.S.C. (b) EFFECTIVE DATE.—The amendments made FUND.—(1) There is established a fund to be 1681e(e)) (as amended by chapter 1 of subtitle D by subsection (a) apply to multiyear leases en- known as the Central Services Working Capital of the Economic Growth and Regulatory Paper- tered into under section 5 of the Central Intel- Fund (in this section referred to as the ‘Fund’). work Reduction Act of 1996) is amended by add- ligence Agency Act of 1949, as so amended, on or The purpose of the Fund is to provide sums for ing at the end the following new paragraph: after October 1, 1997. activities under the program. ESALE OF CONSUMER REPORT TO A FED ‘‘(3) R - SEC. 402. SUBPOENA AUTHORITY FOR THE IN- ‘‘(2) There shall be deposited in the Fund the ERAL AGENCY OR DEPARTMENT.—Notwithstand- SPECTOR GENERAL OF THE following: ing paragraph (1) or (2), a person who procures CENTRAL INTELLIGENCE AGENCY. ‘‘(A) Amounts appropriated to the Fund. a consumer report for purposes of reselling the (a) AUTHORITY.—Subsection (e) of section 17 ‘‘(B) Amounts credited to the Fund from pay- report (or any information in the report) shall of the Central Intelligence Agency Act of 1949 ments received by central service providers not disclose the identity of the end-user of the (50 U.S.C. 403q) is amended— under subsection (e). report under paragraph (1) or (2) if— (1) by redesignating paragraphs (5) through ‘‘(C) Fees imposed and collected under sub- ‘‘(A) the end user is an agency or department (7) as paragraphs (6) through (8), respectively; section (f)(1). of the United States Government which procures and ‘‘(D) Amounts collected in payment for loss or the report from the person for purposes of deter- (2) by inserting after paragraph (4) the follow- damage to equipment or other property of a mining the eligibility of the consumer concerned ing new paragraph (5): central service provider as a result of activities to receive access or continued access to classi- ‘‘(5)(A) Except as provided in subparagraph under the program. fied information (as defined in section (B), the Inspector General is authorized to re- ‘‘(E) Such other amounts as the Director is 604(b)(4)(E)(i)); and quire by subpoena the production of all infor- authorized to deposit in or transfer to the Fund. ‘‘(B) the agency or department certifies in mation, documents, reports, answers, records, ‘‘(3) Amounts in the Fund shall be available, writing to the person reselling the report that accounts, papers, and other data and documen- without fiscal year limitation, for the following nondisclosure is necessary to protect classified tary evidence necessary in the performance of purposes: information or the safety of persons employed the duties and responsibilities of the Inspector ‘‘(A) To pay the costs of providing items or by or contracting with, or undergoing investiga- General. services under the program. tion for work or contracting with the agency or ‘‘(B) In the case of Government agencies, the ‘‘(B) To pay the costs of carrying out activi- department.’’. Inspector General shall obtain information, doc- ties under subsection (f)(2). (c) EFFECTIVE DATE.—The amendments made uments, reports, answers, records, accounts, pa- ‘‘(d) LIMITATION ON AMOUNT OF ORDERS.— by subsections (a) and (b) shall take effect as if pers, and other data and evidence for the pur- The total value of all orders for items or services such amendments had been included in chapter pose specified in subparagraph (A) using proce- to be provided under the program in any fiscal 1 of subtitle D of the Economic Growth and Reg- dures other than by subpoenas. year may not exceed an amount specified in ad- ulatory Paperwork Reduction Act of 1996 as of ‘‘(C) The Inspector General may not issue a vance by the Director of the Office of Manage- the date of the enactment of such Act. subpoena for or on behalf of any other element ment and Budget. TITLE IV—CENTRAL INTELLIGENCE or component of the Agency. ‘‘(e) PAYMENT FOR ITEMS AND SERVICES.—(1) AGENCY ‘‘(D) In the case of contumacy or refusal to A Government agency provided items or services SEC. 401. MULTIYEAR LEASING AUTHORITY. obey a subpoena issued under this paragraph, under the program shall pay the central service (a) IN GENERAL.—Section 5 of the Central In- the subpoena shall be enforceable by order of provider concerned for such items or services an telligence Agency Act of 1949 (50 U.S.C. 403f) is any appropriate district court of the United amount equal to the costs incurred by the pro- amended— States. vider in providing such items or services plus (1) by redesignating paragraphs (a) through ‘‘(E) Not later than January 31 and July 31 of any fee imposed under subsection (f). In cal- (f) as paragraphs (1) through (6), respectively; each year, the Inspector General shall submit to culating such costs, the Director shall take into (2) by inserting ‘‘(a)’’ after ‘‘SEC. 5.’’; the Select Committee on Intelligence of the Sen- account personnel costs (including costs associ- (3) in paragraph (5), as so redesignated, by ate and the Permanent Select Committee on In- ated with salaries, annual leave, and workers’ striking out ‘‘without regard’’ and all that fol- telligence of the House of Representatives a re- compensation), plant and equipment costs (in- lows through ‘‘; and’’ and inserting in lieu port of the Inspector General’s exercise of au- cluding depreciation of plant and equipment), thereof a semicolon; thority under this paragraph during the preced- operation and maintenance expenses, amortized (4) by striking out the period at the end of ing six months.’’. costs, and other expenses. paragraph (6), as so redesignated, and inserting (b) LIMITATION ON AUTHORITY FOR PROTEC- ‘‘(2) Payment for items or services under para- in lieu thereof ‘‘; and’’; TION OF NATIONAL SECURITY.—Subsection (b)(3) graph (1) may take the form of an advanced H9590 CONGRESSIONAL RECORD — HOUSE October 28, 1997 payment by an agency from appropriations SEC. 404. PROTECTION OF CIA FACILITIES. ‘‘(2) The degree of Bachelor of Science in In- available to such agency for the procurement of Subsection (a) of section 15 of the Central In- telligence (BSI).’’. such items or services. telligence Agency Act of 1949 (50 U.S.C. 403o) is (b) CLERICAL AMENDMENT.—The item relating ‘‘(f) FEES.—(1) The Director may permit a amended— to that section in the table of sections at the be- central service provider to impose and collect a (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; ginning of chapter 108 of such title is amended fee with respect to the provision of an item or (2) by striking out ‘‘powers only within Agen- to read as follows: service under the program. The amount of the cy installations,’’ and all that follows through ‘‘2161. Joint Military Intelligence College: aca- fee may not exceed an amount equal to four per- the end and inserting in lieu thereof the follow- demic degrees.’’. cent of the payment received by the provider for ing: ‘‘powers— SEC. 502. FUNDING FOR INFRASTRUCTURE AND the item or service. ‘‘(A) within the Agency Headquarters QUALITY OF LIFE IMPROVEMENTS ‘‘(2)(A) Subject to subparagraph (B), the Di- Compound and the property controlled and oc- AT MENWITH HILL AND BAD AIBLING rector may obligate and expend amounts in the cupied by the Federal Highway Administration STATIONS. Fund that are attributable to the fees imposed located immediately adjacent to such Section 506(b) of the Intelligence Authoriza- and collected under paragraph (1) to acquire Compound; tion Act for Fiscal Year 1996 (Public Law 104–93; equipment or systems for, or to improve the ‘‘(B) in the streets, sidewalks, and the open 109 Stat. 974) is amended by striking out ‘‘for equipment or systems of, elements of the Agency areas within the zone beginning at the outside fiscal years 1996 and 1997’’ and inserting in lieu that are not designated for participation in the boundary of such Compound and property and thereof ‘‘for fiscal years 1998 and 1999’’. program in order to facilitate the designation of extending outward 500 feet; SEC. 503. UNAUTHORIZED USE OF NAME, INI- such elements for future participation in the ‘‘(C) within any other Agency installation TIALS, OR SEAL OF NATIONAL RE- CONNAISSANCE OFFICE. program. and protected property; and ‘‘(B) The Director may not expend amounts in ‘‘(D) in the streets, sidewalks, and open areas (a) EXTENSION, REORGANIZATION, AND CON- the Fund for purposes specified in subpara- within the zone beginning at the outside bound- SOLIDATION OF AUTHORITIES.—Subchapter I of graph (A) in fiscal year 1998, 1999, or 2000 unless ary of any installation or property referred to in chapter 21 of title 10, United States Code, is the Director— subparagraph (C) and extending outward 500 amended by adding at the end the following ‘‘(i) secures the prior approval of the Director feet.’’; and new section: of the Office of Management and Budget; and (3) by adding at the end the following new ‘‘§ 425. Prohibition of unauthorized use of ‘‘(ii) submits notice of the proposed expendi- paragraphs: name, initials, or seal: specified intelligence ture to the Permanent Select Committee on In- ‘‘(2) The performance of functions and exer- agencies telligence of the House of Representatives and cise of powers under subparagraph (B) or (D) of ‘‘(a) PROHIBITION.—Except with the written the Select Committee on Intelligence of the Sen- paragraph (1) shall be limited to those cir- permission of both the Secretary of Defense and ate. cumstances where such personnel can identify the Director of Central Intelligence, no person ‘‘(g) AUDIT.—(1) Not later than December 31 specific and articulable facts giving such per- may knowingly use, in connection with any each year, the Inspector General of the Central sonnel reason to believe that the performance of merchandise, retail product, impersonation, so- Intelligence Agency shall conduct an audit of such functions and exercise of such powers is licitation, or commercial activity in a manner the activities under the program during the pre- reasonable to protect against physical damage reasonably calculated to convey the impression ceding fiscal year. or injury, or threats of physical damage or in- that such use is approved, endorsed, or author- ‘‘(2) The Director of the Office of Management jury, to Agency installations, property, or em- ized by the Secretary and the Director, any of and Budget shall determine the form and con- ployees. the following (or any colorable imitation there- tent of annual audits under paragraph (1). ‘‘(3) Nothing in this subsection shall be con- of): Such audits shall include an itemized account- strued to preclude, or limit in any way, the au- ‘‘(1) The words ‘Defense Intelligence Agency’, ing of the items or services provided, the costs thority of any Federal, State, or local law en- the initials ‘DIA’, or the seal of the Defense In- associated with the items or services provided, forcement agency, or any other Federal police or telligence Agency. the payments and any fees received for the items Federal protective service. ‘‘(2) The words ‘National Reconnaissance Of- or services provided, and the agencies provided ‘‘(4) The rules and regulations enforced by fice’, the initials ‘NRO’, or the seal of the Na- items or services. such personnel shall be the rules and regula- tional Reconnaissance Office. ‘‘(3) Not later than 30 days after the comple- tions prescribed by the Director and shall only ‘‘(3) The words ‘National Imagery and Map- tion of an audit under paragraph (1), the In- be applicable to the areas referred to in sub- ping Agency’, the initials ‘NIMA’, or the seal of spector General shall submit a copy of the audit paragraph (A) or (C) of paragraph (1). the National Imagery and Mapping Agency. to the following: ‘‘(5) Not later than December 1, 1998, and an- ‘‘(4) The words ‘Defense Mapping Agency’, ‘‘(A) The Director of the Office of Manage- nually thereafter, the Director shall submit a re- the initials ‘DMA’, or the seal of the Defense ment and Budget. port to the Permanent Select Committee on In- Mapping Agency.’’. ‘‘(B) The Director of Central Intelligence. telligence of the House of Representatives and (b) TRANSFER OF ENFORCEMENT AUTHORITY.— ‘‘(C) The Permanent Select Committee on In- the Select Committee on Intelligence of the Sen- Subsection (b) of section 202 of title 10, United telligence of the House of Representatives. ate that describes in detail the exercise of the States Code, is transferred to the end of section ‘‘(D) The Select Committee on Intelligence of authority granted by this subsection, and the 425 of such title, as added by subsection (a), and the Senate. underlying facts supporting the exercise of such is amended by inserting ‘‘AUTHORITY TO ENJOIN ‘‘(h) TERMINATION.—(1) The authority of the authority, during the preceding fiscal year. The VIOLATIONS.—’’ after ‘‘(b)’’. Director to carry out the program under this Director shall make such report available to the (c) REPEAL OF REORGANIZED PROVISIONS.— section shall terminate on March 31, 2000. Inspector General of the Central Intelligence Sections 202 and 445 of title 10, United States ‘‘(2) Subject to paragraph (3), the Director of Agency.’’. Code, are repealed. Central Intelligence and the Director of the Of- (d) CLERICAL AMENDMENTS.— fice of Management and Budget, acting joint- SEC. 405. ADMINISTRATIVE LOCATION OF THE OF- FICE OF THE DIRECTOR OF CENTRAL (1) The table of sections at the beginning of ly— INTELLIGENCE. subchapter II of chapter 8 of title 10, United ‘‘(A) may terminate the program under this Section 102(e) of the National Security Act of States Code, is amended by striking out the item section and the Fund at any time; and 1947 (50 U.S.C. 403(e)) is amended by adding at relating to section 202. ‘‘(B) upon such termination, shall provide for the end the following: (2) The table of sections at the beginning of the disposition of the personnel, assets, liabil- ‘‘(4) The Office of the Director of Central In- subchapter I of chapter 21 of title 10, United ities, grants, contracts, property, records, and telligence shall, for administrative purposes, be States Code, is amended by striking out the unexpended balances of appropriations, author- within the Central Intelligence Agency.’’. items relating to sections 424 and 425 and insert- izations, allocations, and other funds held, ing in lieu thereof the following: used, arising from, available to, or to be made TITLE V—DEPARTMENT OF DEFENSE available in connection with the program or the INTELLIGENCE ACTIVITIES ‘‘424. Disclosure of organizational and person- Fund. SEC. 501. AUTHORITY TO AWARD ACADEMIC DE- nel information: exemption for ‘‘(3) The Director of Central Intelligence and GREE OF BACHELOR OF SCIENCE IN Defense Intelligence Agency, Na- the Director of the Office of Management and INTELLIGENCE. tional Reconnaissance Office, and Budget may not undertake any action under (a) AUTHORITY FOR NEW BACHELOR’S DE- National Imagery and Mapping paragraph (2) until 60 days after the date on GREE.—Section 2161 of title 10, United States Agency. which the Directors jointly submit notice of Code, is amended to read as follows: ‘‘425. Prohibition of unauthorized use of name, such action to the Permanent Select Committee ‘‘§ 2161. Joint Military Intelligence College: initials, or seal: specified intel- on Intelligence of the House of Representatives academic degrees ligence agencies.’’. and the Select Committee on Intelligence of the ‘‘Under regulations prescribed by the Sec- (3) The table of sections at the beginning of Senate.’’. retary of Defense, the president of the Joint subchapter I of chapter 22 of title 10, United (b) AVAILABILITY OF FUNDS.—Of the amount Military Intelligence College may, upon rec- States Code, is amended by striking out the item appropriated pursuant to the authorization of ommendation by the faculty of the college, con- relating to section 445. appropriations in section 101, $2,000,000 shall be fer upon a graduate of the college who has ful- And the House agree to the same. available for deposit in the Central Services filled the requirements for the degree the follow- From the Permanent Select Committee on Working Capital Fund established by section ing: Intelligence, for consideration of the Senate 21(c) of the Central Intelligence Agency Act of ‘‘(1) The degree of Master of Science of Strate- bill, and the House amendment, and modi- 1949, as added by subsection (a). gic Intelligence (MSSI). fications committed to conference: October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9591

PORTER GOSS, SEC. 102. CLASSIFIED SCHEDULE OF Subsection (e) authorizes $27,000,000 of the BILL YOUNG, AUTHORIZATIONS amount authorized in subsection (a) to be JERRY LEWIS, Section 102 of the conference report makes made available for the National Drug Intel- BUD SHUSTER, clear that the details of the amounts author- ligence Center (NDIC). This subsection is BILL MCCOLLUM, ized to be appropriated for intelligence and identical to subsection (e) in the House MICHAEL N. CASTLE, intelligence-related activities and applicable amendment. The Senate bill had no similar SHERWOOD BOEHLERT, personnel ceilings covered under this title provision. The Senate recedes. The managers CHARLES F. BASS, for fiscal year 1998 are contained in a classi- agree that continued funding of the NDIC JIM GIBBONS, fied Schedule of Authorizations. The classi- from the NFIP deserves considerable study, NORM DICKS, fied Schedule of Authorizations is incor- and many remain concerned that the balance JULIAN C. DIXON, porated into the Act by this section. The de- between law enforcement and national secu- DAVID E. SKAGGS, tails of the Schedule are explained in the rity equities in the NDIC’s operations is NANCY PELOSI, classified annex to this report. Section 102 is skewed in favor of the law enforcement com- JANE HARMAN, identical to section 102 of the Senate bill and munity. This is due, in part, to placement of IKE SKELTON, section 102 of the House amendment. the NDIC within the Department of Justice. SANFORD D. BISHOP, SEC. 103. PERSONNEL CEILING ADJUSTMENTS The managers urge the President to care- From the Committee on National Security, fully examine this problem and report to the Section 103 of the conference report au- for consideration of defense tactical intel- Committees before April 1, 1998. This exam- thorizes the Director of Central Intelligence, ligence and related activities: ination should be undertaken and reported with the approval of the Director of the Of- FLOYD SPENCE, as a part of the National Counter-Narcotics fice of Management and Budget, in fiscal BOB STUMP, Architecture Review currently being pre- year 1998 to authorize employment of civil- Managers on the Part of the House. pared by the Office of National Drug Control ian personnel in excess of the personnel ceil- Policy. The report should describe current From the Select Committee on Intelligence: ings applicable to the components of the In- and proposed efforts to structure the NDIC RICHARD SHELBY, telligence Community under section 102 by to effectively coordinate and consolidate JOHN H. CHAFEE, an amount not to exceed two percent of the strategic drug intelligence from national se- DICK LUGAR, total of the ceilings applicable under section curity and law enforcement agencies. It MIKE DEWINE, 102. The Director of Central Intelligence may should also describe what steps have been JON KYL, exercise this authority only when doing so is taken to ensure that the relevant national JAMES INHOFE, necessary to the performance of important security and law enforcement agencies are ORRIN HATCH, intelligence functions. Any exercise of this providing the NDIC with access to data need- PAT ROBERTS, authority must be reported to the two intel- ed to accomplish this task. The managers WAYNE ALLARD, ligence committees of the Congress. DANIEL COATS, The managers emphasize that the author- agree that upon receipt of this report the in- BOB KERREY, ity conferred by section 103 is not intended telligence committees will reconsider wheth- JOHN GLENN, to permit the wholesale raising of personnel er it is appropriate to continue funding the RICHARD H. BRYAN, strength in any intelligence component. NDIC as a part of the National Foreign Intel- BOB GRAHAM, Rather, the section provides the Director of ligence Program. JOHN F. KERRY, Central Intelligence with flexibility to ad- TITLE II—CENTRAL INTELLIGENCE AGENCY MAX BAUCUS, just personnel levels temporarily for contin- RETIREMENT AND DISABILITY SYSTEM CHUCK ROBB, gencies and for overages caused by an imbal- SEC. 201. AUTHORIZATION OF APPROPRIATIONS FRANK LAUTENBERG, ance between hiring of new employees and Section 201 is identical to section 201 of the CARL LEVIN, attrition of current employees. The man- House amendment and section 201 of the Sen- From the Committee on Armed Services: agers do not expect the Director of Central ate bill. STROM THURMAN, Intelligence to allow heads of intelligence TITLE III—GENERAL PROVISIONS Managers on the Part of the Senate. components to plan to exceed levels set in SEC. 301. INCREASE IN EMPLOYEE COMPENSATION JOINT EXPLANATORY STATEMENT OF the Schedule of Authorizations except for AND BENEFITS AUTHORIZED BY LAW THE COMMITTEE OF CONFERENCE the satisfaction of clearly identified hiring Section 301 is identical to section 301 of the The managers on the part of the Senate needs which are consistent with the author- House amendment and section 301 of the Sen- and the House at the conference on the dis- ization of personnel strengths in this bill. In ate bill. agreeing votes of the two Houses on the no case is this authority to be used to pro- amendment of the House of Representatives vide for positions denied by this bill. Section SEC. 302. RESTRICTION ON CONDUCT OF to the bill (S. 858) to authorize appropria- 103 is identical to section 103 of the Senate INTELLIGENCE ACTIVITIES tions for fiscal year 1998 for intelligence and bill and section 103 of the House amendment. Section 302 is identical to section 302 of the the intelligence-related activities of the SEC. 104. COMMUNITY MANAGEMENT ACCOUNT House amendment and section 302 of the Sen- United States Government, the Community Section 104 of the conference report au- ate bill. Management Account, and the Central Intel- thorizes appropriations for the Community SEC 303. DETAIL OF INTELLIGENCE COMMUNITY ligence Agency Retirement and Disability Management Account of the Director of PERSONNEL System, and for other purposes, submit the Central Intelligence and sets the personnel The managers strongly support the inau- following joint statement to the Senate and end-strength for the Intelligence Community guration of the Intelligence Community As- the House in explanation of the effect of the Management Staff for fiscal year 1998. action agreed upon by the managers and rec- signment Program (ICAP). This type of ini- Subsection (a) authorizes appropriations of tiative is critical if the Intelligence Commu- ommended in the accompanying conference $121,580,000 for fiscal year 1998 for the activi- report: nity is to prepare itself for future challenges ties of the Community Management Account that will require an ever increasing level of The House amendment struck all of the (CMA) of the Director of Central Intel- Senate bill after the enacting clause and in- coordination and cooperation between the ligence. This amount includes funds identi- various elements of the community. Section serted a substitute text. fied for the Advanced Research and Develop- The Senate recedes from its disagreement 303 is similar to section 304 of the House ment Committee and the Environmental In- to the amendment of the House with an amendment and section 303 of the Senate telligence and Applications Program, which amendment that is a substitute for the Sen- bill. The managers agreed to a provision that ate bill and the House amendment. The dif- shall remain available until September 30, is nearly identical to that found in the House ferences between the Senate bill, the House 1999. amendment. Section 303 of the conference re- Subsection (b) authorizes 283 full-time per- amendment, and the substitute agreed to in port does not, however, terminate this au- sonnel for the Community Management conference are noted below, except for cleri- thority on September 30, 2002. Staff for fiscal year 1998 and provides that cal corrections, conforming changes made such personnel may be permanent employees SEC. 304. EXTENSION OF APPLICATION OF necessary by agreements reached by the con- of the Staff or detailed from various ele- SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES ferees, and minor drafting and clerical Section 304 of the conference report exchanges. ments of the United States Government. Subsection (c) authorizes additional appro- tends until January 6, 1999 the authority TITLE I—INTELLIGENCE ACTIVITIES priations and personnel for the Community granted by section 303 of the Intelligence Au- SEC. 101. AUTHORIZATION FOR APPROPRIATIONS Management Account as specified in the thorization Act of Fiscal Year 1996 for the Section 101 of the conference report lists classified Schedule of Authorizations. President to stay the imposition of an eco- the departments, agencies, and other ele- Subsection (d) requires, except as provided nomic, cultural, diplomatic, or other sanc- ments of the United States Government for in Section 303 of this Act, or for temporary tion or related action when the President de- whose intelligence and intelligence-related situations of less than one year, that person- termines and reports to Congress that to activities the Act authorizes appropriations nel from another element of the United proceed without delay would seriously risk for fiscal year 1998. Section 101 is identical to States Government be detailed to an ele- the compromise of an intelligence source or section 101 of the Senate bill and section 101 ment of the Community Management Ac- method, or an ongoing criminal investiga- of the House amendment. count on a reimbursable basis. tion. Section 304 is similar to section 305 of H9592 CONGRESSIONAL RECORD — HOUSE October 28, 1997 the House amendment and section 304 of the SEC. 307. PROVISION OF INFORMATION ON CER- by the Federal Government regarding the Senate bill. The Senate bill extended the de- TAIN VIOLENT CRIMES ABROAD TO VICTIMS presence, use, or destruction of chemical ferral authority until January 6, 2001, where- AND VICTIMS’ FAMILIES weapons in the Persian Gulf theater of oper- as the House amendment extended the au- Section 307 directs the Secretary of State ations during the Persian Gulf War. This re- thority until January 6, 1999. The managers to ensure that the United States Govern- view is required to be completed not later agreed to adopt the House amendment with ment takes all appropriate actions to iden- than May 31, 1998. Section 310 is similar to minor technical changes. tify promptly all unclassified and classified section 310 of the House amendment. The SEC. 305. SENSE OF CONGRESS ON INTELLIGENCE information in the possession of the United Senate bill had no similar provision. COMMUNITY CONTRACTING States Government regarding the killing, ab- The managers were aware of at lest ten in- Section 305 expresses the sense of the Con- duction, torture, or other serious mistreat- vestigations or studies that were in various gress that the Director of Central Intel- ment of a U.S. citizen abroad. The provision states of completion. The managers noted ligence should continue to direct elements of further requires the Secretary of State to en- that the CIA IG is already in the final stages the Intelligence Community to award con- sure that all information is promptly re- of two major projects related to chemical tracts in a manner that would maximize the viewed and, to the maximum extent prac- weapons and the Persian Gulf War. At the re- procurement of products produced in the ticable, without jeopardizing sensitive quest of former Director of Central Intel- United States, when such action is compat- sources and methods or other vital national ligence Deutch, the IG is assessing allega- ible with the national security interests of security interests, or without jeopardizing tions made by two former Agency employees the United States, consistent with oper- an on-going criminal investigation or pro- regarding the CIA’s handling of information ational and security concerns, and fiscally ceeding, made available to the victim or vic- concerning the possible exposure of United sound. A provision similar to section 305 has tim’s family if they are United States citi- States personnel to chemical weapons. Addi- been included in previous intelligence au- zens, unless such a disclosure is specifically tionally, in support of the Presidential Advi- thorization acts. Section 305 is similar in in- prohibited by law. sory Committee on Gulf War Veterans’ Ill- tent to sections 306 through 308 of the House Section 307 is similar to section 307 of the nesses, the CIA IG is conducting a special as- amendment. The Senate bill had no similar Senate bill. The House amendment had no sessment of the Agency’s handling of infor- provision. similar provision. The managers agreed to a mation related to the Iraqi ammunition stor- SEC. 306. SENSE OF CONGRESS ON RECEIPT OF provision that limits the release of informa- age depot at Khamisiyah. Both of these stud- CLASSIFIED INFORMATION tion to U.S. citizens. The managers also ex- ies are expected to be completed in October Section 306 expresses the sense of the Con- empted from disclosure information that 1997. The remaining studies that relate to gress that Members of Congress have equal may jeopardize an on-going criminal inves- the possible exposure of United States forces standing with officials of the executive tigation or proceeding. Additionally, the to chemical weapons during the Persian Gulf branch to receive classified information so managers acknowledged that there are cer- War include the following: that Congress may carry out its oversight tain statutes that specifically prohibit dis- 1. The CIA’s Persian Gulf War Illness Task responsibilities. The Senate bill contained a closure of certain types or categories of in- Force published an unclassified report on provision that directed the President to information and, therefore, added language Khamisiyah, ‘‘An Historical Perspective on form all employees of the executive branch, that defers to those statutory prohibitions. Related Intelligence,’’ in April 1997. The and employees of contractors carrying out The managers recognized that the term Agency’s Directorate of Intelligence pub- duties under classified contracts, that the ‘‘information’’ is very broad and may be in- lished an unclassified ‘‘Report on Intel- disclosure of classified information reason- terpreted to include all forms of information ligence Related to Gulf War Illnesses,’’ in ably believed by the person to be evidence of in the possession of the United States Gov- August 1996. a violation of law, regulation, or rule; false ernment. The managers also recognized that 2. The Assistant to the Secretary of De- statement to Congress; gross mismanage- the various agencies and departments of the fense for Intelligence Oversight is preparing ment, waste of funds, abuse of authority; or United States Government may have in their a report on what information was available a substantial and specific danger to public possession non-official information that is to the Department of Defense concerning safety, is not contrary to law, executive readily available to the public via other Iraqi chemical weapons before and during order, regulation, or is otherwise not con- means, e.g. press clippings. Therefore, the the Gulf War, and what the Department did trary to public policy. The Senate provision managers intend the term ‘‘information’’ to with that information. would have allowed disclosure of such infor- be construed to mean information that is not 3. The Inspector General to the Depart- mation to any Member or staff member of a available to the victims or families unless ment of Defense has been tasked to inves- committee of Congress having oversight re- provided to them by the United States Gov- tigate the disappearance of military logs responsibility for the department, agency, or ernment. lated to chemical weapons alerts during the element of the Federal Government to which war. SEC. 308. REPORT ON INTELLIGENCE ACTIVITIES such information relates. The Senate bill 4. The Inspector General of the Army is OF THE PEOPLE’S REPUBLIC OF CHINA would also have allowed disclosure of such conducting a series of investigations relating classified information to the employee’s own Section 308 directs the Director of Central to the possible exposure of U.S. troops to Representative. The House amendment had Intelligence and the Director of the Federal chemical weapons. no similar provision. Bureau of Investigation, in consultation 5. The augmented Persian Gulf Investiga- The managers decided not to include sec- with the heads of other appropriate Federal tion Team, under the direction of the Office tion 306 of the Senate bill in the conference agencies, to prepare and transmit to Con- of the Special Assistant to the Secretary of report. Such action should not, however, be gress a report on the intelligence activities Defense for Gulf War Illnesses, is continuing interpreted as agreement with the Adminis- of the People’s Republic of China directed a broad inquiry into the Gulf War illness tration’s position on whether it is constitu- against or affecting the interests of the Unit- issue, including the role of chemical expo- tional for Congress to legislate on this sub- ed States. Section 308 is similar to section sures. ject matter. The managers’ action also 309 of the House amendment. The Senate bill 6. The Presidential Advisory Committee on should not be further interpreted as agree- had no similar provision. Gulf War Veterans’ Illnesses is completing ment with the opinion of the Justice Depart- SEC. 309. STANDARDS FOR SPELLING OF FOREIGN its work on answering questions from the ment’s Office of Legal Counsel, which explic- NAMES AND PLACES AND FOR USE OF GEO- President related to the Khamisiyah ammu- itly stated that only the President may de- GRAPHIC COORDINATES nition storage depot. 7. The Senate Veterans’ Affairs Committee termine when executive branch employees Section 309 directs the Director of Central has hired a special investigator to look into may disclose classified information to Mem- Intelligence to carry out a survey of current Gulf War issues, and the House Veterans’ Af- bers of Congress. The managers assert that standards for the spelling of foreign names fairs Committee remains active on the issue. members of congressional committees have a and places, and the geographic coordinates need to know information, classified or oth- 8. The General Accounting Office published for such places. This provision further di- a report entitled ‘‘Gulf War Illnesses: Im- erwise, that directly relates to their respon- rects the Director of Central Intelligence to sibility to conduct vigorous and thorough proved Monitoring of Clinical Progress and submit the results of the survey to the con- Reexamination of Research Emphasis are oversight of the activities of the executive gressional intelligence committees and issue departments and agencies within their com- Needed,’’ in June 1997. The GAO is also pre- guidelines to ensure uniform spelling of for- paring answers to questions posed by the mittees’ jurisdiction. eign names and places and the uniform use of While the managers recognize the Chief House Veterans’ Affairs Committee concern- geographic coordinates for such places. Executive’s inherent constitutional author- ing DoD logs and possible chemical weapons Section 309 is nearly identical to section ity to protect sensitive national security in- exposure incidents. 308 of the Senate bill. The House amendment formation, they do not agree that this au- Therefore, instead of requiring the IG to had no similar provision. thority may be asserted against Congress to undertake another investigation that would withhold evidence of wrongdoing and thereby SEC. 310. REVIEW OF STUDIES ON CHEMICAL essentially mirror ongoing efforts, the man- impede Congress in exercising its legislative WEAPONS IN THE PERSIAN GULF DURING THE agers agreed to direct the IG to conduct a re- oversight authority. Therefore, the man- PERSIAN GULF WAR view that will identify whether any addi- agers committed to hold hearings on this Section 310 directs the Inspector General tional investigation or research is necessary issue and develop appropriate legislative so- (IG) of the Central Intelligence Agency to to determine the extent of the Central Intel- lutions. complete a review of the studies conducted ligence Agency’s knowledge of the presence, October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9593 use, or destruction of chemical weapons and the end user if the end user is a U.S. govern- fore an ‘‘adverse action’’ is taken based in any other issue relating to the presence, use, ment agency which has requested the whole or in part on a consumer report and or destruction of such weapons. The results consumer report as part of a top secret secu- provide the consumer with a copy of the re- of this review will allow the congressional rity clearance process. port. ‘‘Adverse action’’ is defined very broad- intelligence committees to direct the appro- The FCRA falls under the jurisdiction of ly by the FCRA, as amended. This presents a priate authorities to conduct additional spe- the Committee on Banking and Financial problem to agencies or departments conduct- cific investigations without duplicating past Services. In the interest of time, and based ing legitimate national security investiga- efforts. The managers are very concerned on Banking Committee staff discussions with tions because they may take ‘‘adverse ac- about the handling of information relating Intelligence Committee staff and officials tion’’ based on information in a consumer re- to the presence, use, or destruction of chemi- representing the intelligence community, port obtained outside of a section 435 release cal weapons in the Persian Gulf theater of the Banking Committee will not exercise its and will have to notify an employee in the operations; they remain committed to ensur- jurisdiction at this time over the proposed earliest stages of an investigation that they ing a thorough understanding of these mat- FCRA amendments. The Banking Committee have taken such action. Once alerted, the ters. does maintain, however, its jurisdiction over subject of the investigation who is in actual contact with a foreign intelligence service SEC. 311 EXCEPTIONS TO CERTAIN FAIR CREDIT the FCRA and reserves the right to referral may cease, or more carefully conceal, con- REPORTING REQUIREMENTS RELATING TO NA- of all provisions related to the FCRA in the future. tacts with foreign agents making it more dif- TIONAL SECURITY INVESTIGATIONS ficult to detect actual espionage activity. Section 311 amends the Fair Credit Report- Again, I appreciate your staff and officials from the intelligence community bringing Section 311(a) provides a limited exception ing Act (FCRA) to allow for a limited excep- to the consumer notification requirement for these proposed FCRA changes to the attention to particular consumer disclosure re- legitimate national security investigations tion of the Banking Committee. I believe quirements and exempts a reseller of a when certain factors are present. The man- that the attached changes to the FCRA, are consumer report, under certain conditions, agers are aware, however, of the abuses that reasonable and should be included in the In- from disclosing the identity of an end-user of prompted the enactment of the ‘‘Consumer a consumer report as required by P.L. 104– telligence Authorization Act. Credit Reporting Reform Act of 1996’’ and are 208, Division A, Title II, Subtitle D, Chapter Sincerely, sensitive to the need for the consumer pro- 1, § 2403(b) and § 2407(c), respectively. These JAMES A. LEACH, tections contained therein. Therefore, sec- provisions became effective on September 30, Chairman. tion 311(a) requires the head of the depart- 1997. There was no similar provision to sec- CIA employees and most CIA contractors ment or agency to make a written finding, to tion 311 in the Senate bill or the House with staff-like access are required to have a be maintained in the employee’s personnel amendment. The managers received a letter Top Secret (TS) clearance with Sensitive security file, as to such factors before an ex- from the Chairman of the House Committee Compartmented Information (SCI) access. ception may be made. Further, an exception on Banking and Financial Services support- National Security Directive 63 (NSD 63), re- may be made only when adverse action is ing this provision. The content of the letter quires all executive branch agencies to ver- based in part on information obtained from a is as follows: ify the financial status and credit habits of consumer report. An exception is not available for adverse action which is based in HOUSE OF REPRESENTATIVES, COM- individuals considered for access to TS and whole on such information. Also, upon the MITTEE ON BANKING AND FINAN- SCI material. Consequently, the agencies ob- conclusion of an investigation or when the CIAL SERVICES tain a consumer report for all applicants, factors are no longer present, the head of the Washington, DC, September 16, 1997. employees, and contractors. Such applicants, department or agency is required to provide Hon. Porter J. Goss, employees, and contractors sign a written a copy of the credit report and notice of any Chairman, Permanent Select Committee on In- consent to release this information as a part adverse action which is based in part on such telligence, Washington, DC. of their application process or routine re- report. The head of the department or agen- DEAR MR. CHAIRMAN: I am writing with re- investigation. This consent is attached to cy will also have to identify the nature of gard to the proposed Fair Credit Reporting the Standard Form (SF) 86 (Questionnaire the investigation to the consumer concerned. Act (FCRA) amendments to the Intelligence for National Security Positions). Additionally, the managers note that protec- Authorization Act for Fiscal Year 1998. I ap- In addition to the SF 86, Title 50, United tions such as notice and opportunity to re- preciate your staff apprising the Banking States Code, section 435(a)(3) requires all in- spond and correct information are already Committee of these proposed provisions. dividuals with access to classified informa- Amendments to the FCRA that were en- tion to consent to the release of financial provided by the CIA to individuals for whom acted in the 104th Congress and effective background information during the period of a security clearance has been denied or re- September 30, 1997, will require employers to such access. A section 435 release authorizes voked. The managers also understand that all information obtained from a consumer give advance notice to employees prior to investigative agencies to obtain a wide vari- report will be shared with an appellant con- taking an adverse action based on an em- ety of financial information. The release testing an adverse security decision. The CIA ployee’s consumer report. In addition, the may only be used, however, when an individ- also provides the identity of the reporting laws requires sellers of consumer reports to ual is suspected of disclosing classified infor- agency so that an appellant may challenge disclose to consumers the end users of the re- mation to a foreign power, has excessive in- the accuracy of the report directly with the ports. It is my understanding that the debtedness or unexplained wealth, or, by vir- reporting agency. The managers support Central Intelligence Agency (CIA) and other tue of his access to compromised classified these policies and urge their continuation. intelligence representatives are concerned information, is suspected of disclosing such The FCRA, as amended, will also require a information to a foreign power. Additionally, that these provisions could adversely impact reseller of a consumer report to disclose to under Title 50, United States Code, section the ability of U.S. government agencies in- the consumer reporting agency that origi- volved in national security matters to con- 436(b), the fact that a section 435 release has nally furnishes the report the identity of the duct investigations of employees suspected been executed by an investigative agency to end-user of the report. Hence, the CIA will of posing a security risk or counterintel- obtain a consumer report may not be legally have to be identified as the end-user in the ligence risk. As a result, the intelligence disclosed to the consumer or anyone other records of the source consumer reporting community has proposed two changes to the than representatives of the requesting agen- agency. Therefore, this new requirement will FCRA which it would like included in the cy. Therefore, the FCRA, as amended, would create significant security and safety con- legislation during conference consideration not require notification of the consumer cerns for CIA applicants, employees, and ac- of the bill. Enclosed is legislative language when the consumer report is obtained under tivities involving classified contracts be- implementing these changes which has been section 435. cause the data bases of consumer reporting vetted with the intelligence community and The managers understand, however, that agencies are not secure and are vulnerable to which I can support. an agency or department may need to exam- foreign intelligence services. The first proposed change to the FCRA ine an employee’s consumer report to make Section 311(b) provides an exemption to the would provide a waiver for agencies engaged an early assessment of the employee’s end-user identification requirements of the in national security matters from the re- consumer spending habits. The need for early FCRA, as amended. A department or agency quirement that an employee be notified prior access to a consumer report arises in cases that seeks an exemption under this provision to his/her employer taking an adverse action where there are indications that an em- must certify to the reseller that nondisclo- based on the employee’s consumer report. ployee presents security or counterintel- sure is necessary to protect classified infor- The waiver would apply when a senior de- ligence concerns, but the threshold to exe- mation or the life or physical safety of an partment head makes a written finding that cute a section 435 release has not been met. applicant, employee, or contractor with the credit information regarding an employee is Under current law, a consumer report may agency or department. relevant to a legitimate national security in- be obtained in such cases without notifying The amendments is subsections (a) and (b) vestigation and that advance notice would the employee. shall take effect as if such amendments had jeopardize the investigation and endanger As of September 30, 1997, however, the Fair been included in chapter 1 of subtitle D of personnel and classified information. The Credit Reporting Act (15 U.S.C. § 1681 et seq.), the Economic Growth and Regulatory Paper- second proposed change to the FCRA would as amended by the ‘‘Consumer Credit Report- work Reduction Act of 1996. The managers provide that resellers of consumer reports ing Reform Act of 1996,’’ among other things, believe section 311 strikes a reasonable bal- are not required to disclose the identity of requires employers to notify individuals be- ance between the needs of the consumer and H9594 CONGRESSIONAL RECORD — HOUSE October 28, 1997 the need to protect national security infor- where the CIA security protective officers Agency, or the Defense Mapping Agency in mation. can identify specific and articulable facts connection with any merchandise, retail TITLE IV—CENTRAL INTELLIGENCE AGENCY giving them reason to believe that the exer- product, impersonation, solicitation, or com- cise of this authority is reasonable to pro- mercial activity. SEC. 401. MULTIYEAR LEASING AUTHORITY tect against physical damage or injury, or PROVISIONS NOT INCLUDED IN THE CONFERENCE Section 401 amends section 5 of the Central threats of physical damage or injury, to CIA REPORT intelligence Agency Act of 1949 to provide installations, property, or employees. This Sense of the Senate clear statutory authority for the CIA to provision also expressly states that the rules enter into multi-year leases of terms not to and regulations prescribed by the Director of Section 309 of the Senate bill expressed a exceed 15 years. Section 401 is similar to sec- Central Intelligence for agency property and sense of the Senate that any tax legislation tion 401 of the Senate bill and nearly iden- installations do not extend into the 500 foot enacted by Congress this year should meet a tical to section 401 of the House amendment. area established by this provision. Thus, standard of fairness in its distributional im- The managers adopted this provision spe- there will be no restrictions, for example, on pact on upper, middle, and lower income tax- cifically without any reference to section 8 the taking of photographs within the 500 foot payers. The House amendment has no simi- of the CIA Act of 1949. It is the CIA’s position zone. lar provision. The Senate recedes. that section 8 authorizes the CIA to enter The managers do not envision a general Title VI—Miscellaneous Community Program into covert multi-year leases. The managers grant of police authority in the 500 foot zone, Adjustments agreed that if the reference to section 8 re- but do envision the CIA security protective Title VI of the House amendment con- mained in section 401 of the conference re- officers functioning as federal police, for lim- tained eight sections. Sections 601 through port it would be tantamount to a statutory ited purposes, within the 500 foot zone with 604, and 606 through 608 addressed various de- endorsement of the CIA’s interpretation. The all attendant authorities, capabilities, im- fense tactical intelligence and related activi- managers left that question open and agreed munities, and liabilities. The managers ex- ties. The managers are aware that the con- that the issue requires further analysis. pect the Director of Central Intelligence to ference committee negotiating the National Therefore, section 401 is not intended to coordinate and establish Memoranda of Un- Defense Authorization Act for Fiscal Year modify or supersede any multi-year leasing derstanding with all federal, state, or local 1998 is considering these same issues, and authority granted to the Director of Central law enforcement agencies with which the note that several of these provisions will Intelligence under section 8, as presently CIA will exercise concurrent jurisdiction in likely be included in that conference report. construed. The managers also concurred the 500 foot zones. The Director of Central Without waiving jurisdiction, the managers with the reporting requirement contained in Intelligence shall submit such Memoranda of agreed not to include these provisions in the the Senate report for covert leases and re- Understanding to the Select Committee on conference report. quest that the report be provided to both Intelligence of the Senate and the Perma- Section 605 established new requirements committees. nent Select Committee on Intelligence of the relating to the Congressional Budget Jus- SEC. 402. SUBPOENA AUTHORITY FOR THE INSPEC- House of Representatives. The Director of tification Books (CBJBs). The managers un- TOR GENERAL OF THE CENTRAL INTELLIGENCE Central Intelligence is also expected to de- derstand that the Community Management AGENCY velop a training plan to familiarize the Staff is currently revising the structure of Section 402 amends section 17(e) of the CIA Agency’s security protective officers with the CBJBs and the material contained there- Act of 1949 to provide the CIA Inspector Gen- their new authorities and responsibilities. in in an effort to make these documents eral (IG) with authority to subpoena records The Director of Central Intelligence shall more informative and responsive to congres- and other documentary information nec- submit such plan to the Select Committee on sional needs. The managers urge the Commu- essary in the performance of functions as- Intelligence of the Senate and the Perma- nity Management Staff to continue to work signed to the IG. Section 402 is identical to nent Select Committee on Intelligence of the with those committees that use the CBJBs section 402 in the Senate bill. The House House of Representatives not later than 30 to address the concerns raised by those com- amendment had no similar provision. days after the enactment of this provision. mittees regarding the content and structure The Inspectors General throughout the Section 404 also includes a reporting re- of the CBJBs. In light of this on-going re- Federal Government are responsible for iden- quirement so that the intelligence commit- view, the managers agreed to defer legisla- tifying corruption, waste, and fraud in their tees may closely scrutinize the exercise of tive action pending the outcome of those dis- respective agencies or departments. All this new authority. cussions. other statutory Inspectors General have sub- SEC. 405. ADMINISTRATIVE LOCATION OF THE OF- From the Permanent Select Committee on poena authority to compel the production of FICE OF THE DIRECTOR OF CENTRAL INTEL- Intelligence, for consideration of the Senate records and documents during the course of LIGENCE bill, and the House amendment, and modifications committed to conference: their investigations. The CIA IG’s enabling Section 405 is identical to section 303 of the PORTER GOSS, statute did not provide subpoena authority. House amendment and section 305 of the sen- BILL YOUNG, The managers agreed that the CIA IG needed ate bill. the same authority as other executive JERRY LEWIS, TITLE V—DEPARTMENT OF DEFENSE branch Inspectors General to adequately ful- BUD SHUSTER, INTELLIGENCE ACTIVITIES fill the CIA IG’s statutory obligations. BILL MCCOLLUM, SEC. 501. AUTHORITY TO AWARD ACADEMIC DE- MICHAEL N. CASTLE, SEC. 403. CENTRAL SERVICES PROGRAM GREE OF BACHELOR OF SCIENCE IN INTEL- SHERWOOD BOEHLERT, Section 403 establishes a ‘‘Central Services LIGENCE CHARLES F. BASS, Program’’ and its necessary working capital Section 501 is identical to section 501 of the JIM GIBBONS, fund at the CIA. Section 403 is similar to sec- House amendment and similar to section 501 NORM DICKS, tion 402 of the House amendment. The Sen- of the Senate bill. JULIAN C. DIXON, ate bill had no similar provision. The man- DAVID E. SKAGGS, SEC. 502. FUNDING FOR INFRASTRUCTURE AND agers welcome this initiative to make the NANCY PELOSI, QUALITY OF LIFE IMPROVEMENTS AT MENWITH administrative support services provided by JANE HARMAN, HILL AND BAD AIBLING STATIONS the CIA more efficient and competitive. IKE SKELTON, SEC. 404. PROTECTION OF CIA FACILITIES Section 502 is identical to section 502 of the SANFORD D. BISHOP, Senate bill and section 503 of the House Section 404 authorizes the CIA security From the Committee on National Security, amendment. protective officers to exercise their law en- for consideration of defense tactical intel- forcement functions 500 feet beyond the con- SEC. 503. UNAUTHORIZED USE OF THE NAME, INI- ligence and related activities: fines of CIA facilities and also onto the Fed- TIALS, OR SEAL OF THE NATIONAL RECONNAIS- FLOYD SPENCE, eral Highway Administration (FHWA) prop- SANCE OFFICE BOB STUMP, erty immediately adjacent to the CIA Head- Section 503 prohibits the unauthorized use Managers on the Part of the House. quarters compound, subject to certain limi- of the name, initials, or seal of the National From the Select Committee on Intelligence: tations. Section 404 is similar to section 403 Reconnaissance Office and consolidates all RICHARD SHELBY, of the House amendment. The Senate bill preexisting unauthorized use prohibitions for JOHN H. CHAFEE, had no similar provision. the Intelligence Community under one in DICK LUGAR, The managers recognized the growing section in subchapter I of chapter 21 of title MIKE DEWINE, threat of terrorist attacks and the particular 10, United States Code. Section 503 is similar JON KYL, attraction of CIA facilities as potential tar- to section 503 of the Senate bill and section JAMES INHOFE, gets of such attacks. The managers were also 502 of the House amendment. The managers ORRIN HATCH, sensitive, however, to the public’s reaction agreed to require the permission of both the PAT ROBERTS, to an unlimited grant of jurisdiction, consid- Secretary of Defense and the Director of WAYNE ALLARD, ering that the 500 foot zone extends onto res- Central Intelligence before any person may DANIEL COATS, idential property in some areas. Therefore, use the name, initial, or seal of the National BOB KERREY, the exercise of this new authority is ex- Reconnaissance Office, Defense Intelligence JOHN GLENN, pressly limited to only those circumstances Agency, the National Imagery and Mapping RICHARD H. BRYAN, October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9595 BOB GRAHAM, to give the public depots an over- Mr. HANSEN. Mr. Speaker, I appre- JOHN F. KERRY, whelming advantage. Sure, it lets the ciate the gentleman yielding me the MAX BAUCUS, competitions go forward, but it puts so time. CHUCK ROBB, many restrictions on the competitions Mr. Speaker, let me point out in re- FRANK LAUTENBERG, that it will be impossible for the pri- gard to what has happened that we all CARL LEVIN, From the Committee on Armed Services: vate contractors to win. know how BRACC went about it, the STROM THURMAN, In fact, recently the Sacramento Bee anguish we all felt as BRACC closed Managers on the Part of the Senate. quoted an industry representative who many bases, how tough it was, but we Mr. MOAKLEY. Mr. Speaker, I yield said, in response to the language in all went along with it. We knew the 5 minutes to the gentleman from Cali- this report we are voting on tonight, ‘‘I President had a few days in which he fornia [Mr. FAZIO], the chairman of the can’t conceive of a company that would could look at it. He had two choices, Democratic Caucus. bid for McClellan and Kelly under yes or no. He could not change it. Mr. FAZIO of California. Mr. Speak- these circumstances.’’ No disrespect to our President, but er, I thank the gentleman for yielding Not only is this so-called compromise he came up with a statement in this me this time. language not a compromise, it was also one, and said, I will get around this, Mr. Speaker, I rise today in strong negotiated in secret without the and in effect tried to do that by privat- opposition to the Defense Department knowledge or input of several members ization inplace. authorization bill and the accompany- of the authorization committee, in- Now, we have heard many things flying conference report. I implore my cluding my good friend and colleague, ing around here. Let me point out, we colleagues to join me in voting against the gentleman from Texas, Mr. CIRO have only compromised this thing time that report. RODRIGUEZ who just spoke. This was after time after time. Seven times it Mr. Speaker, there are several rea- done in the dark of night by people who has been voted on over here; seven sons that this conference report is bad had an agenda. That was to make this times we won. It has been voted on in for the Nation. First and foremost, this floor think that it had compromised, the Senate and it won there. Now the when in fact they had wired the com- bill severely restricts the public-pri- conference report is before us. petition for an outcome. One of these charges is, the President vate competitions that are to take The President has said over and over will veto this. I think the Members place at McClellan Air Force Base in again that he would veto a defense au- should ask the gentleman from South Sacramento and Kelly Air Force Base thorization bill that would restrict the Carolina, Chairman SPENCE if a veto in San Antonio as mandated by the 1995 competitions at McClellan and Kelly. message has been issued. I know of no BRACC law. He has sent his advisers to talk to veto message that has been issued; b 1845 members of the committees about his also, that the Pentagon was not part of McClellan and Kelly Air Force Base commitment to vetoing this bill. In it. Let me tell the Members, I can give are closing and will be closed. But as fact, I received a letter from Secretary them personal knowledge that the Pen- McClellan closes, 15,000 jobs and the in- Cohen just a month ago that reiterated tagon was part of many of these com- frastructure that supports them will that veto threat. It is obvious that the promises, and it has been watered disappear from Sacramento’s economy. current language would severely re- down, and the idea that one of the Sen- This, by the way, is the third base clo- strict the competitions, and on that ators did not like the 60–40 rule, it went sure we have had in four BRACC basis alone I believe the President will to 50–50. I think almost all of these rounds. veto this bill. In fact, there is a letter charges we have just heard have been I am here to implore Members to sup- this evening from the Director of the answered. The charge that this is not fair com- port the BRAC Commission, however, Office of Management and Budget petition, the House has overwhelm- and its recommendation, and give DOD which says the following: ‘‘We need to ingly supported restoring integrity to the flexibility to use competitions as a ensure more competition from private the BRAC process by opposing sub- means to achieve lower costs and industry, not less. Billions of dollars in potential savings are at issue. These sidized privatization inplace. The com- greater efficiencies. It has been shown resources should be used to maintain promise bill requires full and open that competitions save money for the the U.S. fighting edge, not to preserve competition on all noncore work loads. American taxpayer. excess infrastructure. The impact on Anyone who reads this bill will see Without, for example, the recent the Department’s costs and our Na- that it is free and fair competition. competition for the C–5 work load done tion’s military capacity would be pro- Another charge on this floor, private at Kelly in the past, Warner-Robbins found if this report were adopted.’’ bidders should not have to pay for Gov- Air Logistic Center in Georgia would He says parenthetically, ‘‘The Presi- ernment assets. Closed bases represent have used over $100 million in new dent’s senior advisers would rec- hundreds of millions of dollars of Gov- military construction to build new ommend that he veto the bill.’’ There ernment assets owned by the American buildings to handle the work load. is no question, that will be the result if taxpayers. If a private sector company Instead, the contract was awarded on we continue down this path that we are wants to bid on Government contracts, the basis of a public-private competi- on tonight. But in addition, the con- they need to account for this cost to tion and Warner-Robbins won by com- ference report includes new restric- the taxpayers. ing up with a creative solution so their tions on supercomputer exports that Another charge: Depot maintenance bid would be competitive. That public- will have a profound impact on the Na- provisions are more restrictive and re- private competition for the C–5 work tion’s high-technology economy. Com- quire private work to be involved in- load saved taxpayers hundreds of mil- puter technology advances at such a house. That is absolutely false. The bill lions of dollars. rapid rate that the computers on many changes the 60–40 to 50–50, even includ- With the Federal budget being se- desks were once considered super- ing a full accounting. I urge people to verely constrained for the next several computers. The U.S. computer industry support this rule and support this con- years, it is critical we spend every de- leads the world in production and sales ference report. It is fair, and if it does fense dollar prudently. I am not asking of high-powered computers, and that anything, it upholds flaw. It amazes me DOD to just give the Sacramento work leading role will be harmed by the lan- that any of my colleagues would argue load to a private contractor. I am guage in this report. to violate the law of the land. merely asking that the private con- Please join me in opposing the de- Mr. MOAKLEY. Mr. Speaker, I yield tractors be given the opportunity to fense authorization conference report, 31⁄2 minutes to the gentleman from bid for the work on a level playing because it is bad for our national de- Maryland [Mr. HOYER], former Speaker field, just as they did in the instance of fense and bad for American taxpayers. of the House of Representatives in the that C–5 work. Mr. SOLOMON. Mr. Speaker, I yield 2 State of Maryland, and the present The depot maintenance language cur- minutes to the gentleman from Farm- chairman of the steering committee. rently in the DOD authorization report ington, Utah [Mr. HANSEN], who with- (Mr. HOYER asked and was given does not provide that level playing out question is one of the most re- permission to revise and extend his re- field. Instead, the language was crafted spected Members of this House. marks.) H9596 CONGRESSIONAL RECORD — HOUSE October 28, 1997 Mr. HOYER. President of the Senate. House floor is that I did not make up through our fingers that are real Mr. Speaker, I thank the distin- that day, that was the President’s day. threats to our national security inter- guished chairman in exile of the Com- We sought to extend the time for him est. mittee on Rules for recognizing my to fulfill that commitment. For these two critical reasons, this former status in which I had some au- Mr. HOYER. Reclaiming my time, Member cannot support this aspect of thority. I have since lost that. Mr. Speaker, I appreciate the gentle- the conference report. However, this Mr. Speaker, this bill, in my opinion, man’s observation. Whoever’s date it Member would like to note that several recognizes the enormous contributions was, I did not agree with it. I tell my changes to the proposed language in of our military personnel. It acknowl- friend, I think it is a very significant the conference report could make it ac- edges the sacrifice and commitment re- tactical error to tell your enemy, and ceptable. For example, simply linking quired of those who choose to follow a in this case not our enemy but the ag- the post-shipment verification require- career in our military services. This gressing parties and the parties in ments to administration-proposed bill seeks to encourage their continued question, when you are going to take changes in the MTOPS level of control dedication and retention in several specific action. I think that is would answer this Member’s major con- very important ways. Military pay and tactically a mistake. I did not agree cern that we could ultimately be wast- quality of life is protected by a 2.8-per- with it, whether the President said it ing tremendous enforcement resources cent pay increase and emphasizes the or we said it. on monitoring computer exports that importance of military housing, con- Mr. SOLOMON. Mr. Speaker I proud- are no longer a threat to national secu- struction, and improvements. It pro- ly yield such time as he may consume rity. vides for child development centers for to the gentleman from Lincoln, Ne- Such a change, if coupled with more our troops and their families. It pro- braska [Mr. BEREUTER], one of the reasonable short periods for approval of vides $35 million to continue impact most outstanding and respected Mem- administration-requested changes in aid, important in my area and around bers of this body, sent to us 19 years MTOPS control levels, would ensure the country. ago next month by the people of Lin- that our export control regime would Furthermore, Mr. Speaker, it pro- coln, Nebraska, and surrounding envi- keep up with advances in computer vides our war fighters with the best rons. He is still with us. technology. possible equipment, $293.9 million in (Mr. BEREUTER asked and was Mr. Speaker, this Member certainly particular for R&D for the Navy’s given permission to revise and extend believes we must be very cautious to Super Hornet. This is an investment, his remarks.) ensure that our high-technology ex- Mr. Speaker, which keeps this critical Mr. BEREUTER. Mr. Speaker, I ports are not available to those who program on track, reaching the fleet by thank the chairman of the committee threaten our national security inter- 2001. The Super Hornet is proving to be for yielding time to me. ests. But we must be careful in a time one of DOD’s most successful accusa- I rise in support of the rule, but I of limited resources to recognize our tion programs. wish to speak now tonight as an out- limitations on our ability to control all Also, Mr. Speaker, the committee inside conferee on the House Committee potentially dangerous items. One of the creased funding for the joint strike on International Relations assigned to best ways we can protect our national fighter. This will accelerate the pro- this legislation on the issue of super- security is to first monitor and disclose gram to meet Navy requirements and computer exports and the regulations those entities in foreign countries that ensure our continued air superiority thereof. represent a threat to our interests. and pilot survivability. This Member rises to express his seri- b 1900 In addition, Mr. Speaker, this bill ad- ous concerns about the conference dresses our national security interests. committee’s proposed statute changes Then we can demand that U.S. ex- It emphasizes our concerns for the to our current supercomputer licensing porters simply not export to those en- most appropriate use of our military process. Unfortunately, the jurisdic- tities and, if necessary, initiate crimi- forces in Bosnia. Unlike the House bill tion of the Committee on International nal proceedings against U.S. exporters as it left here, this bill does not com- Relations on this subject was almost if they fail to comply. pletely tie the hands of our President totally ignored. Mr. Speaker, I invite my colleagues and the Joint Chiefs, in my opinion, in- The proposed statute changes have at to read the rest of my remarks in the appropriately. least two fundamental flaws. First, RECORD. As we learned so painfully during the they do not adequately recognize or This Member has insisted on such an ap- 4-year-long conflict in Bosnia, the ag- take into account how quickly com- proach to officials of the Bureau for Export Ad- gressors are bullies and worse. Mr. puter processing speeds become out- ministration in the Department of Commerce. Speaker, if we and our NATO allies are dated. They, therefore, ensure that our In part, because of this Member's insistence not willing to confront the bullies in regulatory framework for licensing and that of the Chairman GILMAN that the Ad- Bosnia, the aggressors, and who I call supercomputers will always be chron- ministration must be more proactive on this bullies. In fact, in many respects many ically outdated relative to techno- issue, the Administration has now identified of them are war criminals. If we and logical change. end-users of concern in these countries and our NATO allies are not willing to Second and perhaps more impor- has agreed to update that list on a periodic confront these criminals in Bosnia and tantly, these proposed changes force basis. lay the groundwork for long-term the U.S. Government and our export In conclusion on this subject, Mr. Speaker, peace in that region, we will encourage control enforcement personnel to focus this Member is convinced that the House the transgressions that have appeared too many resources and personnel on International Relations Committee was moving in the past to reoccur and ensure that monitoring the export of not so super, in the proper direction to remedy the unlawful we will act again sometime, some- relatively slow computers that are no sale of supercomputers to bad or dangerous where. That, Mr. Speaker, is the lesson longer either controllable or, for that end-users. Building on the Senate study initia- of history. We must not forget. matter, sufficiently threatening to our tive to determine exactly what level of com- I congratulate the conferees for in- national security interests. puter technology should be controlled, we had cluding in this bill compromise lan- By requiring our export enforcement expressed our intentions to compel the Admin- guage which will not hamstring the personnel to complete post-shipment istration to develop a comprehensive and effi- President or compromise our commit- verification on any 2000 MTOPS level cient policy that places the appropriate high ment. of computer export, this legislation di- priority on protecting U.S. national security. Mr. BUYER. Mr. Speaker, will the verts precious resources away from Such a policy, however, cannotÐwithout sub- gentleman yield? monitoring high technology exports stantial costsÐattempt to reimpose a `òne- Mr. HOYER. I yield to the gentleman that are a serious threat to our na- size-fits-all'' licensing policy on computer tech- from Indiana. tional security. Requiring such a shot- nology that nearly all exports recognize is sim- Mr. BUYER. Just on the point on gun approach to export control makes ply not permanently and completely control- Bosnia, Mr. Speaker, part of the pur- it more likely that we could easily let lable. Instead, such a policy should focus on pose I brought that legislation to the serious technology diversion slip identifying bad end-users and making certain October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9597 that such entities do not acquire any tech- causing mischief here that will hurt of proof in a civil tax case. The Repub- nology that is damaging our national security American national security. licans have just added it to the IRS re- interests. Mr. SOLOMON. Mr. Speaker, I yield 1 form bill. For 12 years they would not And lastly, on another subject, Mr. Speaker, minute to the gentleman from Santa hold a hearing on military troops on this Member gratefully acknowledges and Clarita, CA [Mr. MCKEON]. our border. Here is what I would like to commends the support of Chairman SPENCE Mr. MCKEON. Mr. Speaker, I rise in say to my Democrat colleagues. We and the ranking member, Mr. DELLUMS, as support of the rule for the conference will probably stay the minority the well as the conferees for their support of this report to H.R. 1119, the National De- way we are doing business around here. Member's language supporting the commit- fense Authorization Act. Mr. Speaker, young students aged 12 ment to retain 100,000 U.S. military personnel Although it has taken a long time to to 17 years old, the use of heroin is, in the Asia-Pacific region. This is an important get to this point, I want to encourage quote-unquote, ‘‘at historic levels.’’ symbolic message, reiterated at the initiative my colleagues to support this con- Experts tell us that the major point of Chairman SPENCE and this Member that the ference report. source for heroin and cocaine is coming United States will remain militarily engaged in Mr. Speaker, the Department of De- across the Mexican border. the Asia-Pacific region for the long termÐspe- fense needs this bill to be enacted so Our troops are guarding the borders cifically that we should not reduce our military that it can implement reforms and in Bosnia and the Middle East. They and naval presence in the region. manage its vast resources as effec- were, in fact, administering rabies vac- Mr. MOAKLEY. Mr. Speaker, I yield tively as possible. cinations to dogs in Haiti. There has 2 minutes to the gentleman from Con- This conference report funds impor- been a recent earthquake in Italy, and necticut [Mr. GEJDENSON], the ranking tant modernization and research initia- our troops are literally building homes member in waiting of the Committee tives that are vital to our Nation as in Italy. And while the staff is laughing on International Relations. our military continues to downsize. about it, we are saying we cannot bring Mr. GEJDENSON. Mr. Speaker, I While I cannot say that I totally agree it down by having our troops help to would like to join the gentleman from with all of the provisions contained in secure our borders. Nebraska [Mr. BEREUTER], my friend, the report, I am supporting it because Mr. Speaker, I am going to resubmit to say that this particular language on it reflects the hard work of our chair- that bill with a couple of concerns the the computers not only will squander man and embodies the strong commit- Republican Party has, and I am going America’s security resources on a prod- ment for the defense of our Nation, to ask for some chairmen to sit down uct that is rapidly generally available, given the parameters with which we and look at the common sense. Our Na- and is even today generally available, had to work with the budget agreement tion is going to hell in a hand basket. but it will be the attempt to control with the President. Other than China, the biggest national our laptop and desktop computers Mr. Speaker, I urge my colleagues to security threat facing America is nar- within a year or two. The computers vote ‘‘yes’’ on the rule and the con- cotics, and they are coming across the that we will have on our desks by the ference report. border and we have no program. year 2000, 2002, will be traveling at 1 or Mr. MOAKLEY. Mr. Speaker, I yield It is a joke. And, yes, I am admitting 2 MTOPS. 1 minute to the gentlewoman from as a Democrat, the Democrats killed it. Beyond that, if my colleagues watch North Carolina [Mrs. CLAYTON]. I am going to ask the Republicans to the news, what just happened? Two de- Mrs. CLAYTON. Mr. Speaker, ap- velopments in computer technology, take a look at a national security ini- proximately 4,206 Army Reserve and going to copper and having multiple tiative that this Nation needs. Maybe National Guard members were de- levels of recognition in each cell, is the majority party will once again re- ployed to Europe as a part of our sec- going to change the speed at which new alize what the Nation is looking for ond rotation for Operation Joint generations occur. and needs. This is an industry where 18 months Guard. These brave men and women The military does not want it. That was a lifetime. If Members want us to were caught in the middle of an adminis true. The military wants appropria- stay out in front for our defense and istrative policy change concerning the tions. I think it is time that the civil- economic needs, then we have to be payment of the shipment of their per- ian government straightens out our able to market products as soon as sonal property. We thought this in- borders and straightens out our Nation. they come up, if they do not threaten equity would be taken care of in the Mr. Speaker, let me tell my col- American national security. conference report. It was not, because leagues one last thing. The Drug En- Mr. Speaker, these products do not it was determined to be out of scope of forcement Administrator said that threaten our national security. We are the bill. these new sophisticated organized soon going to have a shelf life of less However, it received wide bipartisan criminal groups in Mexico make the than a year. If we put the process in support. I plan, therefore, to introduce Colombia group look like Boy Scouts. this kind of manner, we are going to a freestanding bill to facilitate reim- So, yes, my Democrat colleagues end up with computers that are out- bursing the 4,206 soldiers as quickly as killed it this time; we will resubmit it dated operating the American system. possible. and maybe we will get some hearings It is the same thing that was done in Mr. Speaker, I urge all of my col- on the Republican side so the Repub- machine tools. My colleagues did it to leagues to join me in supporting this so licans could continue to stay in the machine tools. They stopped American that the families can have equity and majority. Beam me up. How dumb we companies from exporting them be- we can support our National Guard and are as a party. cause they said it was national secu- Reserve troops by sponsoring this bill. Mr. SOLOMON. Mr. Speaker, I yield 1 rity. Now we buy our machine tools Mr. MOAKLEY. Mr. Speaker, I yield minute to the gentleman from Monti- from Japan. 3 minutes to the gentleman from Ohio cello, IN [Mr. BUYER], a veteran of the Mr. Speaker, I urge my colleagues, [Mr. TRAFICANT]. gulf war. The gentleman is doing an ‘‘Do not do to the machine computer Mr. TRAFICANT. Mr. Speaker, I lis- outstanding job as the chairman of our industry what you did to the machine tened carefully to the debate so far and Subcommittee on Personnel for the tool industry.’’ I listened to the gentleman from New Committee on Armed Services This is a very bad time to try to slow York [Mr. SOLOMON] talk about the Mr. BUYER. Mr. Speaker, I would down the process of exports. The speed fact that China has an opportunity to ask everyone to support this rule. My at which new generations and faster establish a beachhead on our shores. I concerns have been addressed not only computers develop is going to be cut in knew, because the Democrats had told in this bill, but I also appreciate the half from 18 months to as little as 9 me in advance, that they would knock leadership of Chairman SOLOMON. months. If we tie up the sale of these my provision out of the Defense au- Mr. Speaker, many in this body know computers, we will only cripple Ameri- thorization bill to provide more mili- that I took on the issue of sexual mis- ca’s future and thereby endanger its tary troops to the border. conduct in the U.S. military. This bill defense. Mr. Speaker, I want the Democrats addresses a lot of those issues. In this Mr. Speaker, I know the gentleman is to listen to this. For 12 years they bill it addresses a range of these issues well-intentioned, but the gentleman is would not hold a hearing on the burden that emerged during the Subcommittee H9598 CONGRESSIONAL RECORD — HOUSE October 28, 1997 on Personnel’s examination of sexual license for civilian end-use. The U.S. Mr. CUNNINGHAM. Mr. Speaker, I misconduct in the military. Government made this policy after the feel like bottom gun tonight because I The conference report provides for a Department of Defense, the State De- am upset with this bill. review of the ability of the military partment, and the Commerce Depart- First of all, in the light of Com- criminal investigative services to in- ment concluded it would not jeopardize munist China trying to influence the vestigate crimes of sexual misconduct national security. White House and the DNC, the Presi- and mandates a series of reforms to However, Mr. Speaker, the con- dent gives $50 million to a coal-burning drill sergeant selection and training. ference report would repeal this sen- plant in China. Then he shuts down The bill also addresses my concerns sible policy and try to limit exports of Idaho coal burning in the district of with the loss of rigor and warrior spirit technology that has already been wide- the gentleman from Utah [Mr. HAN- that is occurring in our basic training. ly available for purchase abroad for SEN]. Then he gives sweetheart deals to This bill requires an independent con- over 3 years. Since competitive prod- Lippo Bank with Trie, Riady, Huang gressional panel to assess reforms to ucts are already available from our for- and billions of dollars for Lippo Bank. military basic training, including a de- eign competitors, such a policy would It is okay for China to take over a termination of the merits of gender-in- hurt U.S. computer companies without national security base now at Long tegrated and gender-segregated basic improving our national security in any Beach Naval Shipyard. One person shut training as well as the method to at- way. down Kelly. One person shut down tain the training objectives established This year, U.S. sales of these comput- McClellan and Long Beach Naval Ship- by each of the services. ers to Tier III countries will total yard. That is the President of the Unit- Mr. Speaker, we also have taken on about $500 million. By 2000, this num- ed States in the BRACC process. Then the issues of military pay, increased ber is expected to grow to between $1.5 he entered into a political deal during housing allowances in high cost areas, billion and $3 billion in a total world- the political election to try and pri- retained the statutory floors on end wide market of $7 billion to $12 billion. vatize those two bases. strength and many other areas. That is why I believe that the U.S. Ex- COSCO, right after Hutchinson took Mr. Speaker, this is a very good bill port Administration in their fax to me over both ends of the Panama Canal, and I encourage all Members to support on Friday indicated, quote, the President said, it is okay for a it. The waiting periods in the bill are an af- Communist-Chinese-run organization Mr. MOAKLEY. Mr. Speaker, I yield front to normal decisionmaking processes, to take over a national security base at 1 minute to the gentleman from Vir- are unnecessary, and make no technological Long Beach. I do not mind if they are ginia [Mr. MORAN]. sense, a tenant like they have been. But intel Mr. MORAN of Virginia. Mr. Speak- Furthermore, the U.S. Export Ad- says that COSCO has currently, and in er, I want to address the issue that the ministration fax to me, said: the past, been involved in espionage, in gentleman from Ohio [Mr. KASICH] The requirement to conduct postshipment intelligence work for both the military brought up with regard to Bosnia. The checks will become an extraordinary re- and industry. They will ship in and reason that we are in Bosnia, there are source burden, is unadministrable, and is un- ship out those issues. two reasons. One is to save lives, and necessary. COSCO, this is the same COSCO that the second is American leadership. Mr. Speaker, supporters of this rolled out the pier, knocked out the Mr. Speaker, the fact that we did not amendment will invariably bring up pier in New Orleans. This is the same get involved in Bosnia when we could, anecdotal stories about inappropriate COSCO shipping yard that took two and I think we should have, trying to computer sales. Certainly we must pre- boat loads of illegals off the shore of defer to Europe, ultimately resulted in vent powerful computers from ending California. This is the same shipping the loss of a quarter of a million lives. up in the wrong hands. Current U.S. company that shipped in chemical and We are in Bosnia to save lives. I think law restricts such sales. We should ab- biological weapons to Iran, Iraq, and when we have the capability to do that, solutely discuss ways to improve com- Libya. This is the same COSCO that I think we have some moral respon- munications between exporters and the shipped in nuclear components to sibility to do so. agencies that track dummy civilian Libya, the same COSCO that shipped in The second issue is one of American end-users. AK–47s. This is the same group that the leadership. We have the capacity, the However, restrictions on domestic ex- Chinese had said, when Taiwan was military capability, and I think the porters will not stop anyone from get- being shelled by China, do you prefer moral resolve to do the right thing ting 7,000, or even greater, MTOPS Los Angeles or do you want Taiwan? throughout the world where we are computers because they are already Now, the President is going to allow needed. That is what this bill is all available across the globe. Moreover, them to take over a national security about. It is about sustaining America’s current law includes strong penalties base in California, just south of Los global military leadership. That is why for companies that sell to military Angeles? No. We cannot allow this to I support this bill. users or sell restricted technologies. happen. The House gave in to the Sen- Mr. MOAKLEY. Mr. Speaker, I yield Several companies are currently under ate position, Mr. Speaker. That is 3 minutes to the gentlewoman from investigation under these laws. We do wrong. We ought to fight this. We California [Ms. LOFGREN]. not need new legislation to maintain should not let Communist Chinese take (Ms. LOFGREN asked and was given national security. over our bases in this country. We permission to revise and extend her re- Violations of current laws can result ought to fight tooth, hook and nail to marks.) in a 20-year prohibition on all exports, stop it. I fought, and they are going to Ms. LOFGREN. Mr. Speaker, I rise in prison terms of up to 10 years, and take it over my dead body. opposition to the rule and the con- fines of up to $50,000 per violation. Mr. SOLOMON. Mr. Speaker, I yield 3 ference report due to the inclusion in The Spence-Dellums amendment in- minutes to the gentleman from San the bill of unnecessarily restrictive ex- cluded in the conference report will Diego, CA [Mr. HUNTER]. Back in 1980, port controls on computer products. add layers of bureaucratic impedi- a man I deeply admire came to this Two years ago, the administration ments, and I would urge my colleagues Capital. His name was Ronald Reagan. determined in an uncontested study to vote against the rule. He was accompanied by the gentleman that computers of at least 5,000 b from California [Mr. HUNTER]. MTOPS, that is millions of theoretical 1915 Mr. HUNTER. Mr. Speaker, I thank operations per second, were currently Mr. SOLOMON. Mr. Speaker, I yield 2 my great friend on national security, widely available worldwide and that minutes to the gentleman from Del the gentleman from New York [Mr. computers up to 7,000 MTOPS would be Mar, California [Mr. CUNNINGHAM]. SOLOMON] for yielding me this time. available the next year; that is, this Many C–SPAN viewers will remember Let me say a couple things about this year. the movie ‘‘Top Gun.’’ The next speak- bill. Based on that study, the current pol- er’s military life was patterned after First, we are on a downswing with re- icy allows exports of computers be- that movie. He is a fighter pilot from spect to defense spending. The force tween 2,000 and 7,000 MTOPS without a the Vietnam war. structure that we have now has gone October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9599 down from 18 Army divisions that we second, known as MTOPS, that are ex- Now you know why I have such great had during Desert Storm to 10. We have ported to so-called Tier III countries respect for the gentleman from Califor- gone down from 24 fighter airwings to must have a license. All transactions nia [Mr. DELLUMS]. only 13, roughly half the air power that must have a license unless the sale is Let me finish on a high note, just to we had. We have gone down from 546 to a so-called civilian end user for ci- call attention to the fact that this con- naval vessels to 346. We are at what I vilian end use and the performance ference report does contain my amend- would call the bottom of a dangerous level is below 7,000 MTOPS. ment on the Bosnia troop medal. My downswing. Now, what is the legislative change provision was approved in the con- In this bill, we have tried to pull up that we propose? That the U.S. Govern- ference that awards all U.S. troops who the modernization levels a little bit ment must review civilian end users, have served in Operation Joint Endeav- and we have done that. We have not civilian end use exports between 2,000 or and Operation Joint Guard in Bosnia done it as much as we would like to. I and 7,000 MTOPS in Tier III countries. with the Armed Forces Expeditionary The review by the Secretary of De- think we have been too constrained by Medal. the budget. I think we are going to pay fense, Commerce, Energy, State and for that in later conflicts. But this bill the Director of the Arms Control and The significance of that medal is that is better than what we had before. Disarmament Agency must be con- it is a campaign level badge unlike the With respect to supercomputers, the ducted within 10 days. service award that was going to be gentleman from Connecticut [Mr. Mr. Speaker, 10 days is reasonable. awarded by the DOD. Even better, the GEJDENSON] talked about this saying it So people who want to sell computers campaign level badge makes these was just totally off base. We have had cannot stop for 10 days to allow the American troops that have served in about 80 supercomputer transactions in government to look at the efficacy of Bosnia eligible for veterans preference which the Chinese and the Russians the transaction. Ten days. We are the and Federal employment. That is the have received American high perform- government. We have some responsibil- way to follow through on rewarding ance supercomputers over the last cou- ity here. those who devote themselves to service ple of years. Right now we allow Amer- I have spent 27 years of my life as an in our all-voluntary military. ican companies to engage in a fiction. arms control person here. I will not be I want to thank the gentleman from If they are told that the supercomputer rolled by hyperbole that does not ad- South Carolina [Mr. SPENCE], and the is going to go to the Agriculture De- dress the reality of what it is we are gentleman from California [Mr. DEL- partment in China, they can ship it. If trying to do here. LUMS], and the House negotiators for they are told it is going to go to the Lack of any objection authorizes ex- sticking with it and to the Senate for People’s Liberation Army, the military port. So if you look for 10 days, there is accepting this proposal. It is very im- complex, nuclear weapons complex, nothing there, the export goes. Objec- portant to our men and women who they cannot ship it. So the bad guys tion by any of the five requires a li- serve in the military in Bosnia. cense review. That protects us as a have caught on. They simply stamp Mr. Speaker, I yield back the balance ‘‘agriculture’’ on the invoices and our government for a variety of reasons. Now, let me tell my colleagues the of my time, and I move the previous people ship it off to them. question on the resolution. All we did, this was a well-reasoned second significant piece. One argument provision that the gentleman from is, this is an industry that moves fast The previous question was ordered. California [Mr. DELLUMS], and the gen- and 7,000 MTOPS may be obsolete to- The SPEAKER pro tempore. The tleman from South Carolina [Mr. morrow, whatever. This bill allows the question is on the resolution. SPENCE] put in this thing, almost President to change the performance The question was taken; and the unanimously supported by the commit- threshold and that change will go into Speaker pro tempore announced that tee. It simply says if you trust the Sec- effect after a 10-day period of congres- the ayes appeared to have it. retary of Defense and you want to sional review, allowing us to do our Mr. MOAKLEY. Mr. Speaker, I object make a supercomputer sale, show it to job. to the vote on the ground that a Mr. Speaker, I argued during the con- him. Let the Secretary of Defense look quorum is not present and make the text of the debate that whatever level at your supercomputer sale and review point of order that a quorum is not Members want to raise the MTOPS, it and make sure it is going to a benign present. use. It is not going to a nuclear weap- raise them. If we want to make them 7, 10, 20,000, whatever we raised them to, The SPEAKER pro tempore. Evi- ons complex. It is not going to military dently a quorum is not present. use, and it is not going to accrue later we give the President the flexibility to to the detriment of our men and do it, but we as a government ought to The Sergeant at Arms will notify ab- women in uniform. This is a well- be able to control export. Otherwise sent Members. thought-out provision. I would hope why are we here. So all this hyperbole The vote was taken by electronic de- that Members would support this bill that talks about allowing the industry vice, and there were—yeas 353, nays 59, and nobody would vote against this bill to go forward selling, the reason why not voting 21, as follows: we set policy is because our foreign because of the supercomputer provi- [Roll No. 533] sions that are in it. policy should not be driven solely by YEAS—353 Mr. MOAKLEY. Mr. Speaker, I yield commercial interests. the balance of my time to the gen- We have a fiduciary responsibility to Abercrombie Blunt Chenoweth our people in this country for a variety Aderholt Boehlert Christensen tleman from California [Mr. DELLUMS], Allen Boehner Clayton the ranking member. of different reasons. For those reasons Archer Bonilla Clement Mr. SOLOMON. Mr. Speaker, I yield 1 I would argue strenuously that the pro- Armey Bonior Coburn minute to the gentleman from Califor- visions in this bill dealing with high Bachus Bono Collins performance computer export policy is Baesler Boswell Combest nia [Mr. DELLUMS]. Baker Boyd Condit The SPEAKER pro tempore (Mr. reasonable and it makes sense. Baldacci Brady Cook SNOWBARGER). The gentleman from For those who think that it does not, Ballenger Brown (FL) Cooksey California [Mr. DELLUMS] is recognized we are simply talking about commer- Barcia Bryant Costello Barr Bunning Cox 1 for 3 ⁄2 minutes. cial interests. I think that our arms Barrett (NE) Burr Coyne Mr. DELLUMS. Mr. Speaker, I thank control interests, that our govern- Bartlett Burton Cramer the gentlemen for their generosity. mental interests ought to balance out Barton Buyer Crane Mr. Speaker, as far as this gentleman some kind of way. That is our respon- Bass Callahan Crapo Bateman Calvert Danner is concerned, there has been a great sibility. For those reasons, I urge my Bereuter Camp Davis (FL) deal of hyperbole around the issue of colleagues, whether they support the Berry Campbell Davis (VA) high performance computer export pol- conference report or not, support this Bilbray Canady Deal Bilirakis Cannon DeLauro icy. Let us state, first of all, the facts. particular policy. It does make sense. Bishop Carson DeLay What is the current policy? It is reasonable. Blagojevich Castle Dellums All computers of performance above Mr. SOLOMON. Mr. Speaker, I yield Bliley Chabot Diaz-Balart 2,000 million theoretical operations per myself the balance of my time. Blumenauer Chambliss Dickey H9600 CONGRESSIONAL RECORD — HOUSE October 28, 1997 Dicks Kingston Regula Cummings Hilliard McKinney problems confronting our military. Al- Dixon Kleczka Reyes Cunningham Hinchey Obey Dooley Klink Riggs Davis (IL) Jackson (IL) Olver though we had to compromise on a Doolittle Klug Riley DeFazio Johnson (WI) Owens number of significant Pentagon reform Doyle Knollenberg Roemer DeGette Kasich Rangel provisions adopted on the House floor Dreier Kolbe Rogan Delahunt Kind (WI) Rivers earlier this year due to strong adminis- Duncan LaHood Rogers Deutsch Kucinich Rodriguez Dunn Lampson Rohrabacher Dingell LaFalce Rush tration opposition, this conference re- Edwards Largent Ros-Lehtinen Doggett Lantos Sanders port nonetheless compels further re- Ehlers Latham Rothman Ensign Lofgren Serrano forms in how the Department of De- Ehrlich LaTourette Roybal-Allard Eshoo Lowey Tauscher fense is structured and how it conducts Emerson Lazio Royce Everett Luther Thompson Engel Leach Ryun Fazio Markey Waters much of its business. English Levin Sabo Filner Martinez Waxman On the major issues the conferees had Etheridge Lewis (CA) Salmon Frank (MA) Matsui Wexler to address, issues such as the B–2 Evans Lewis (GA) Sanchez Furse McCarthy (NY) Woolsey Ewing Lewis (KY) Sandlin Gordon McDermott bomber, the funding cutoff for Bosnia, Farr Linder Sanford depots and more, this conference report NOT VOTING—21 Fattah Lipinski Sawyer clearly represents a compromise Fawell Livingston Saxton Andrews Cubin Payne among many interested parties. I Foglietta LoBiondo Scarborough Borski Flake Roukema Foley Lucas Schaefer, Dan Boucher Gonzalez Schiff would simply refer anyone who doubts Forbes Maloney (CT) Schaffer, Bob Brown (CA) Houghton Schumer this back to the bipartisan conference Ford Maloney (NY) Scott Capps Hulshof Stark report signature sheets. On balance, Fowler Manton Sensenbrenner Coble McIntosh Weldon (FL) this conference report strikes a fair Fox Manzullo Sessions Conyers Mollohan Yates Franks (NJ) Mascara Shadegg balance between numerous competing Frelinghuysen McCarthy (MO) Shaw b 1948 and conflicting interests, and it de- Frost McCollum Shays Mr. RUSH changed his vote from serves the support of all Members. Gallegly McCrery Sherman Ganske McDade Shimkus ‘‘yea’’ to ‘‘nay.’’ Mr. Speaker, I am able to present Gejdenson McGovern Shuster Mr. ABERCROMBIE changed his vote this conference report to the House Gekas McHale Sisisky from ‘‘nay’’ to ‘‘yea.’’ today due only to the tireless efforts of Gephardt McHugh Skaggs all the House and Senate conferees as Gibbons McInnis Skeen So the resolution was agreed to. Gilchrest McIntyre Skelton The result of the vote was announced well as the staff. It is the product of Gillmor McKeon Slaughter as above recorded. teamwork, which is the only way a bill Gilman McNulty Smith (MI) A motion to reconsider was laid on of this size and complexity gets done. Goode Meehan Smith (NJ) Goodlatte Meek Smith (OR) the table. In particular, I want to recognize the Goodling Menendez Smith (TX) Mr. SPENCE. Mr. Speaker, pursuant diligence, dedication and cooperation Goss Metcalf Smith, Adam to House Resolution 278, I call up the of the subcommittee and panel chair- Graham Mica Smith, Linda conference report on the bill (H.R. 1119) men and ranking members, the gen- Granger Millender- Snowbarger Green McDonald Snyder to authorize appropriations for fiscal tleman from California [Mr. HUNTER], Greenwood Miller (CA) Solomon year 1998 for military activities of the the gentleman from Missouri [Mr. Gutierrez Miller (FL) Souder Department of Defense, for military SKELTON], the gentleman from Penn- Gutknecht Minge Spence Hall (OH) Mink Spratt construction, and for defense activities sylvania [Mr. WELDON], the gentleman Hall (TX) Moakley Stabenow of the Department of Energy, to pre- from Virginia [Mr. PICKETT], the gen- Hamilton Moran (KS) Stearns scribe personnel strengths for such fis- tleman from Virginia [Mr. BATEMAN], Stenholm Hansen Moran (VA) cal year for the Armed Forces, and for the gentleman from Virginia [Mr. SISI- Harman Morella Stokes Hastert Murtha Strickland other purposes. SKY], the gentleman from Colorado Hastings (FL) Myrick Stump The Clerk read the title of the bill. [Mr. HEFLEY], the gentleman from Hastings (WA) Nadler Stupak The SPEAKER pro tempore [Mr. Texas [Mr. ORTIZ], the gentleman from Sununu Hayworth Neal SNOWBARGER]. Pursuant to the rule, Hefley Nethercutt Talent Indiana [Mr. BUYER], the gentleman Hefner Neumann Tanner the conference report is considered as from Mississippi [Mr. TAYLOR], the gen- Herger Ney Tauzin having been read. tleman from New York [Mr. MCHUGH] Hill Northup Taylor (MS) (For conference report and state- and the gentleman from Massachusetts Hilleary Norwood Taylor (NC) Hinojosa Nussle Thomas ment, see proceedings of the House of [Mr. MEEHAN]. Had it not been for their Hobson Oberstar Thornberry October 23, 1997, at page H9076.) efforts, this conference report would Hoekstra Ortiz Thune The SPEAKER pro tempore. The gen- not have been completed. Holden Oxley Thurman tleman from South Carolina [Mr. Hooley Packard Tiahrt I would also like to thank the gen- Horn Pallone Tierney SPENCE] and the gentleman from Cali- tleman from California [Mr. DELLUMS], Hostettler Pappas Torres fornia [Mr. DELLUMS] each will control the committee’s ranking member, for Hoyer Parker Towns 30 minutes. his cooperation and support. As al- Hunter Pascrell Traficant The Chair recognizes the gentleman Hutchinson Pastor Turner ways, his diligence and involvement Hyde Paul Upton from South Carolina [Mr. SPENCE]. made the process work better and is a Inglis Paxon Velazquez Mr. SPENCE. Mr. Speaker, I yield central factor underlying the biparti- Istook Pease Vento myself such time as I may consume. Jackson-Lee Pelosi Visclosky san support this conference report en- (TX) Peterson (MN) Walsh (Mr. SPENCE asked and was given joys. Jefferson Peterson (PA) Wamp permission to revise and extend his re- Finally, Mr. Speaker, I want to Jenkins Petri Watkins marks.) thank the staff of the National Secu- John Pickering Watt (NC) Mr. SPENCE. Mr. Speaker, the fiscal Johnson (CT) Pickett Watts (OK) rity Committee. They have once again Johnson, E. B. Pitts Weldon (PA) year 1998 defense authorization bill demonstrated their professionalism Johnson, Sam Pombo Weller emerged from committee earlier this and have done an outstanding job put- Jones Pomeroy Weygand year with strong bipartisan support, ting together this legislation. Kanjorski Porter White Kaptur Portman Whitfield and I am glad to be able to say the Mr. Speaker, this is an important Kelly Poshard Wicker same thing about the conference re- piece of legislation that enjoys strong Kennedy (MA) Price (NC) Wise port. Despite weeks of give and take bipartisan support. I urge each and Kennedy (RI) Pryce (OH) Wolf and often difficult compromise, 33 of every one of my colleagues to support Kennelly Quinn Wynn Kildee Radanovich Young (AK) the 36 National Security Committee the conference report. Kilpatrick Rahall Young (FL) conferees signed the conference report, Mr. Speaker, I reserve the balance of Kim Ramstad as did all Republican and Democrat my time. King (NY) Redmond conferees from the other body. Mr. DELLUMS. Mr. Speaker, I yield NAYS—59 Like the House-passed bill, the con- myself such time as I may consume. ference report takes a balanced ap- First, I would like to thank the distin- Ackerman Bentsen Cardin Barrett (WI) Berman Clay proach to addressing a number of qual- guished gentleman from South Caro- Becerra Brown (OH) Clyburn ity of life, readiness and modernization lina [Mr. SPENCE] for engaging in a October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9601 process which did indeed include the gress over the inadequate budget plans Mr. Speaker, I do so for the purpose minority. It was both bipartisan and put forward by the administration. of telling this body that I neglected to congenial. That notwithstanding, Mr. b 2000 mention the fact that the gentleman Speaker, I personally will not be sup- from Hawaii [Mr. ABERCROMBIE], the porting this conference report for the For example, in constant dollars, the ranking member on the maritime following reasons: administration requested 25 percent panel, has also done yeoman’s work in One, the spending levels do not coin- less in funding for military construc- putting together this conference re- cide with the national security require- tion for the coming fiscal year than it port. ments of this country in this gentle- sought just 2 years before. While the Mr. Speaker, I yield 2 minutes to the man’s opinion. Two, it ignores the bill does not buy back all of the cuts gentleman from New York [Mr. GIL- near-term and mid-range geopolitical proposed by the President, it goes a MAN], the chairman of the Committee realities of the post Cold War world. long ways toward doing so. on International Relations. And, three, it represents a missed op- The recommendations of the con- (Mr. GILMAN asked and was given portunity to right-size our military ferees would authorize an additional permission to revise and extend his re- forces and tailor our weapons to these $800 million for military construction marks.) Mr. GILMAN. Mr. Speaker, I thank realities. and military family housing, over $440 the gentleman for yielding me time. Spending on wrong systems is a million in additional funding will go directly toward housing and quality of Mr. Speaker, I remain troubled by reality in this conference report. For the high performance computer provi- example, Mr. Speaker, this conference life programs. I urge support of this bill. sions in the conference report that pe- report pushes us toward the nalize Israel, imposes unadministerable weaponization of space by authorizing Mr. DELLUMS. Mr. Speaker, I yield 2 minutes to the distinguished gen- burdens on the administration, fails to the now line-item vetoed projects for protect business proprietary informa- tleman from Missouri [Mr. SKELTON]. KE-ASAT programs and Clementine II, tion, and requires a one-size-fits-all ap- another potential ASAT program, Mr. SKELTON. Mr. Speaker, I thank the gentleman for yielding me time. proach to post-shipment verifications which have the possibilities of stimu- that the authors of the legislation ac- Mr. Speaker, I rise to encourage sup- lating an entire new arms race, as well knowledge cannot be fully imple- port for this conference report. Not as adding millions for a space-based mented. laser program. This is all being done in long ago, there were nine men from the Mr. Speaker, this is an important advance of appropriate underlying pol- 305th Air Mobility Wing recently re- issue that deserves more oversight and icy formulation, interagency review ported missing and last seen in the research by the GAO before we take and appropriate coordination with our skies over the south Atlantic. For rea- legislative action with significant for- friends and allies. These activities are sons unknown, these crew members eign policy implications. destabilizing and threaten to ignite, as aboard the Air Force C–141, in route The Senate approach remains a much I said, a new arms race to weaponize as from Windhoek Airfield, Namibia, to preferable alternative to this manda- opposed to militarize space. In fact, the Ascension Island, never fully com- tory and inflexible set of provisions direction in the statement of managers pleted their assigned mission of provid- which will clog the export control proc- language for space-based lasers may ining de-mining assistance to the Na- ess with little prospect of advancing deed violate the ABM Treaty, again in mibian people. our long-range interests. As presently this gentleman’s opinion. After delivering Army personnel and drafted, countries such as Israel, Rus- I could go into numerous other exam- mine-clearing equipment, their arrival sia and China cannot be removed from ples, but with the limited time, I be- at Ascension never materialized. Evi- the Tier III list of affected countries lieve this gives Members who were not dence indicates a mid-air collision. even if they take every action we re- on the conference a better idea of what People from five nations spent several quest of them in monitoring the use of this gentleman finds objectionable and weeks looking for them. these high performance computers. why I cannot support this conference I ask all of the Members to look at Clearly, this is an unwise and self-de- report. this bill in light of those who wear the feating policy. In the case of Israel, Finally, Mr. Speaker, I might also uniform, who are committed, who are let’s not penalize an ally when it has advise my colleagues that as of today courageous, and, sadly, from time to done nothing wrong. In the case of Rus- it has been communicated to me that time, lose their lives. sia, it goes without saying it should the President has indicated he will in- I ask all Members to look at this bill, immediately comply with all of our ex- deed veto this conference report for one because it does help those personnel isting export control laws and regula- of several different reasons. and their families. It increases the per- tions and return to the manufacturer Mr. Speaker, I reserve the balance of sonnel pay, it raises military construc- any illegally obtained high perform- my time. tion levels for housing and barracks ance computers. But a more permanent Mr. SPENCE. Mr. Speaker, I yield 1 and command centers. It augments government solution on this issue must minute to the gentleman from Colo- health and child care and other family be set aside until we can ensure full Russian cooperation in putting an im- rado [Mr. HEFLEY], the chairman of our oriented benefits to improve the qual- Subcommittee on Military Installa- ity of life. It adds nearly $3.6 billion for mediate end to the ongoing role of Rus- sian companies and other entities in tions and Facilities. important procurement programs such Mr. HEFLEY. Mr. Speaker, I rise in as air traffic collision avoidance sys- providing Iran with medium and long- strong support of the conference report tems. range missile capability. While I will not oppose this con- on H.R. 1119, the National Defense Au- Mr. Speaker, we must do our very ference report, I intend to bring the best for the young men and young thorization Act for Fiscal Year 1998. Iran Missile Proliferation Sanctions This is a good bill. It is not a perfect women in uniform, day in and day out, Act to the House floor within the next bill, but it is a good bill. From my per- wherever they are, whether it be at week. As important as the supercom- spective as chairman of the Sub- Fort Hood, Fort Leavenworth, Fort puter issues, we need to give first pri- committee on Military Installations Leonard Wood, Whiteman Air Force ority to ending this growing threat to and Facilities, it continues the com- Base, Norfolk, VA, or whether it be in our allies and American troops in the mitment of the House in addressing the Namibia, Bosnia, Europe or Japan, Middle East and Persian Gulf. serious shortfalls in basic infrastruc- they are performing their duties, de- Mr. DELLUMS. Mr. Speaker, I yield 2 ture, military housing and other facili- fending our interests and defending our minutes to my distinguished colleague, ties that affect the readiness of the liberty. the gentleman from Texas [Mr. ORTIZ]. Armed Forces and the quality of life I urge the Members of this House to (Mr. ORTIZ asked and was given per- for military personnel and their fami- support this bill, because it does so mission to revise and extend his relies. much for the young men and young marks.) The conference report, if adopted, women in uniform. Mr. ORTIZ. Mr. Speaker, I rise today would be a forceful expression of the Mr. SPENCE. Mr. Speaker, I yield in support of the fiscal year 1998 de- continuing bipartisan concern in Con- myself 10 seconds. fense authorization bill. As always, H9602 CONGRESSIONAL RECORD — HOUSE October 28, 1997 there were a host of issues before the correct in his observation. With respect Mr. TURNER. Mr. Speaker, as a conference, and I am proud of the way to China and Russia, these two coun- member of the Committee on National we worked through each one of these tries are in another category and have Security, I would like to take a minute issues. Most importantly, this bill rep- to be dealt with in a very different to pay tribute to both the chairman resents an overview of our defense way. and the ranking member of the com- needs in the post-cold war period, and As I said earlier in my remarks, if mittee for the remarkable job that it prepares us for this next century. one is going to oppose the high end they did in bringing this conference As the ranking member of the Sub- computer part of this bill, oppose it, agreement to the floor today. committee on Military Installations but do it on factual grounds, not on By any measure, this was a marathon and Facilities, and a member of the grounds that are illusory. run by two of our most skilled nego- Subcommittee on Military Readiness, I Mr. Speaker, I yield 1 minute to the tiators on national security, and I am am delighted that the bill strongly ad- gentleman from Hawaii [Mr. ABER- deeply grateful to both the gentleman dresses many of the quality-of-life is- CROMBIE]. from South Carolina, Chairman sues that speak directly to how we pro- Mr. ABERCROMBIE. Mr. Speaker, I SPENCE, and the ranking member, the vide for those who wear our Nation’s thank the gentleman for yielding me gentleman from California [Mr. DEL- uniform. this time. LUMS] for retaining a House-passed pro- Housing for our military personnel Mr. Speaker, I would just hope that vision which is of particular impor- has been falling apart for the last sev- by the time we come to vote on the au- tance to this Member of the commit- eral years. This bill recognizes that thorization bill, that we take into ac- tee. fact and funds housing and barracks, count that this bill, particularly this Specifically, the conference agree- year, is the result of the efforts of nu- child care centers, health care, and ment retains a House-passed provision merous people, giving their best effort provides a well-deserved pay raise for to allow the Army’s Construction, En- to come to a conclusion, come to a res- our service members. The national gineering and Research Laboratory to olution. collaborate with the Texas Regional readiness of our military has long been Not everybody is happy with the con- a prominent concern of mine, and this Institute for Environmental Studies at tents of the defense authorization bill. Sam Houston State University in bill addresses some of the fundamental Very few people are happy in any given problems that could weaken our readi- Huntsville, TX, on a critically impor- year with the bill because it covers tant computer-based land management ness. such a wide range of items. In this par- One of those readiness issues with initiative. This project will enable the ticular instance, I cannot think of a Army to address environmental prob- which I have been involved is the issue time when more people devoted not of depot maintenance. The depot provi- lems on our military installations. just hours or days, but months, trying This authorization of $4 million, cou- sions in this bill remove politics from to come to a fair resolution. pled with an identical appropriation in BRAC and ensure that no bidder on Mr. Speaker, I have indicated before, Public Law 105–56, will allow CERL and maintenance work on closing bases will this is not theology, this is legislation; TRIES to carry out this important be given preferential treatment. This is this is not a cathedral, this is the Army national resources/conservation a good agreement which represents an House of Representatives. That means project beginning this year. honest compromise of ideas, without that we are not coming to final conclu- Mr. SPENCE. Mr. Speaker, I yield 2 compromising the national defense of sions and ultimate resolutions here. We minutes to the gentleman from Califor- the United States. are trying to act in concert on the nia [Mr. HUNTER], the chairman of our Mr. Speaker, remember, this con- basis of 435 agendas as to what is best Subcommittee on Military Procure- ference report includes a pay raise. for the people of this country. ment. Mr. SPENCE. Mr. Speaker, I yield 30 I ask everyone’s support for the De- Mr. HUNTER. Mr. Speaker, I thank seconds to the gentleman from North partment of Defense authorization bill. the gentleman for yielding me this Carolina [Mr. JONES]. Mr. SPENCE. Mr. Speaker, I yield 1 time. Mr. JONES. Mr. Speaker, I rise in minute to the gentleman from Georgia Mr. Speaker, I learned a lot in this strong support of this defense con- [Mr. CHAMBLISS]. particular conference. I want to thank ference report. It is a responsible ap- Mr. CHAMBLISS. Mr. Speaker, I the chairman for his great leadership proach to our defense needs that lives wish to take a moment to compliment in trying to get these things through within the budget that we all agree the gentleman from South Carolina, this conference, which is often like must be balanced. Chairman SPENCE, on the expertise pushing a wheelbarrow full of frogs. Mr. Speaker, this bill contains criti- that he has shown and the leadership Your issues continue to jump out or cal quality of life initiatives and con- he has shown in bringing a very com- get pulled out by the other side, and tinues to address modernization short- plex and complicated bill to the floor. you do the best you can to keep as falls. It implements real defense reform This bill deals with issues ranging many of the issues that you think are and it restores the integrity of the from procurement of sophisticated important for national security in that BRAC process. weapons systems all the way to the particular wheelbarrow. In sum, this bill provides our Sol- quality of life issues that are so impor- b diers, Sailors, Airmen and Marines tant to our men and women in our 2015 with the technological edge to domi- armed services. We deal with every- Let me say to the fine gentleman nate on the new world battlefield. Sup- thing from the purchase of F–22s and from South Carolina, Chairman port our troops; vote for H.R. 1119. FA–18s to a 2.8 percent pay raise for SPENCE, he did a great job of protecting Mr. DELLUMS. Mr. Speaker, I yield our military men and women. Without our interests. We did not get a full loaf myself 1 minute. that 2.8 percent pay raise, the 11,000 on everything, but that is what hap- Mr. Speaker, I would like to respond members of our armed services who pens when you go into conference. to the comment made by my distin- today are on food stamps will not get But we have emerged in the mod- guished colleague, the gentleman from off of food stamps. ernization area with more modern New York [Mr. GILMAN], the Chair of Mr. Speaker, we need this bill en- equipment, with more money for mod- the Committee on International Rela- acted into law. We need it passed ernization, both in fixed-wing and ro- tions, regarding Tier III countries and today, and we need it signed by the tary aircraft. Also, with respect to our whether they could get off the list. President. It is a good bill for the men shipbuilding budget, we got a few extra First of all, let us establish the facts. and women of our Armed Forces, and it dollars in that shipbuilding budget. Mr. Speaker, there are five countries is a good bill for America. With respect to ammunition and other on the Tier III list. They are India, Mr. Speaker, I commend the gen- items that reflect on readiness, we did Pakistan, Israel, Russia and China. As tleman for bringing this bill to the increase that budget to some degree. It a matter of fact, Israel, Pakistan and floor in its current form. was largely because of his efforts. India can get off the Tier III list by Mr. DELLUMS. Mr. Speaker, I yield I also want to thank the gentleman signing the Nonproliferation Treaty, so one minute to the distinguished gen- from Missouri [Mr. SKELTON], my rank- the gentleman from New York is not tleman from Texas [Mr. TURNER]. ing member, the ranking member of October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9603 the Subcommittee on Military Pro- the Senators from California, because lemma, because we take some of the curement. He and I worked together. of the fact that it does not allow for money we have available for other pur- We put a lot of hearings on. We are the opportunity to compete in an ap- poses, and the logic of this authoriza- going to put more hearings on before propriate manner. tion, if we mean it honestly, will be to this session adjourns. I want to thank I want to go back to the letter and eat into that. him for his great work and the ranking emphasize the fact that these are In particular, the conference com- member of the full committee, the gen- words that are also coming from the mittee backed away from this House’s tleman from California [Mr. DELLUMS], Department of Defense, which says: clear statement that we should put a who did a particularly excellent job ‘‘We need to encourage more competi- limitation on the amount of money we working with the chairman and others tion from private industry, not less. spend for NATO by totally dismissing on a very important aspect of security, Billions of dollars in potential savings the overwhelming vote of this House to which is, do not let the bad guys have are at issue. These resources should be put some limit on what the American high technology when it might come used to maintain the U.S. fighting taxpayer is expected to spend for the back to bite you. edge,’’ and not to hinder it. expansion of NATO. We once again That is manifested in the provisions Mr. SPENCE. Mr. Speaker, I yield 1 guarantee that there will be an in- on the supercomputer bill. That was minute to the gentlewoman from Jack- crease in funding. one of the most important things we sonville, FL [Mrs. FOWLER]. Members who vote for this con- did was put in the supercomputer pro- (Mrs. FOWLER asked and was given ference report now will be estopped vision that says, if you are going to permission to revise and extend her re- later on from complaining when bil- sell high-tech to countries that might marks.) lions of American tax dollars beyond use it against you at some point on the Mrs. FOWLER. Mr. Speaker, I rise in what we have been told earlier are battlefield, run it by the Secretary of strong support of the fiscal 1998 defense asked for NATO, because this is a Defense before you do that, run it by authorization conference report. Provi- blank check for NATO expansion. One the administration, let them see what sions contained in this bill are essen- need not be opposed to NATO expan- you are doing, and when necessary, tial to our national defense and the sion to be opposed to a blank check for hold up that particular sale. quality of life of our young men and it. So my commendations to all of our women in uniform, including a mili- Passing this authorization is a dis- colleagues. Everybody worked hard. We tary pay raise of 2.8 percent, greatly regard of the fiscal discipline we said did a lot of hearings on this bill, and I needed by the 11,000 active duty mili- we would be adopting, and we will live would recommend passage of the bill. tary who are currently on food stamps; to regret it. Mr. DELLUMS. Mr. Speaker, I yield 2 authorization of additional funds for Mr. SPENCE. Mr. Speaker, I yield 1 minutes to my distinguished colleague, procurement and research and develop- minute to the gentleman from Okla- the gentleman from Texas [Mr. ment, to help assure our continued homa [Mr. J.C. WATTS]. RODRIGUEZ]. U.S. military modernization and supe- Mr. WATTS of Oklahoma. Mr. Speak- Mr. RODRIGUEZ. Mr. Speaker, I riority; increased continuation bonuses er, I want to commend the ranking want to take this opportunity to read a for military aviators, to help the serv- member and also Chairman SPENCE for letter that was sent by the Executive ices retain their pilots; restoration of their long suffering and getting us to Office of the President. It is signed by integrity to the BRAC process, through this point, to where we can vote on this Franklin Raines. It talks about the ex- fair and open competitions for noncore authorization conference report. isting legislation that is before us. I depot work at closed facilities; and au- Mr. Speaker, I would like to just am going to read some aspects of it: thorization of $883 million for the con- highlight some things in this legisla- The bill includes provisions which instruction of military family housing, tion that I think the American people tended to protect public depots by lim- when over 60 percent has been deemed need to know about. It provides a 2.8 iting private industry’s ability to com- substandard. percent military pay raise, as has been pete for the depot-level maintenance of We must pass this DOD authorization talked about. What that does, for 11,000 military systems and components. If bill in order to pursue these and other men and women that are on food enacted, these provisions would run vital national security initiatives. I stamps, that should be unconscionable counter to the ongoing efforts by Con- urge all of my colleagues to support it. to anybody in this House to allow that gress and the administration to use Mr. DELLUMS. Mr. Speaker, I yield 2 to happen. competition to improve the Depart- minutes to my distinguished colleague, This adds more than $300 million for ment of Defense’s business practices the gentleman from Massachusetts construction and renovation of family and it would severely limit the Depart- [Mr. FRANK]. and troop housing, it adds more than ment’s flexibility to increase efficiency Mr. FRANK of Massachusetts. Mr. $600 million to key readiness accounts, and save the taxpayers’ dollars. Speaker, I thank the extremely able badly needed; it adds $3.6 billion to It also adds that the bill could reduce ranking minority member of this com- modernization accounts, consistent opportunities to allow the industry to mittee for his leadership in this and in with the unfunded priorities of the participate in future weapons systems. other ways. military service chiefs, and it compels In addition, it also dictates how the I hope the House will vote this down. further business practice reforms that Department of Defense should treat First, we are dealing with a budget are much, much needed. certain competitive factors, and I which we adopted recently which Mem- On this legislation, I am encouraging quote, that the bill seeks to skew its bers know will severely constrain our a ‘‘yes’’ vote on the DOD authorization competition in favor of public depots. ability to spend on a variety of pur- conference report. Again, I commend One of the things that I want to read poses a few years from now. Passing the ranking member and the chairman in the back, I think this is very criti- this authorization guarantees if we fol- for getting us to this point. cal, it says, If the numerous problems low through with it that 2 and 3 years Mr. DELLUMS. Mr. Speaker, I yield 2 cited above cannot be overcome, the from now we will not have the money minutes to my distinguished colleague, impact on the Department’s costs and to continue to put police on the streets the gentlewoman from California [Ms. our national military capacity would with Federal help, we will not have the LOFGREN]. be profound; the President’s senior ad- money to provide health care to people Ms. LOFGREN. Mr. Speaker, I urge visers would recommend that the bill who need it, we will not have the defeat of the conference report. It is de- be vetoed. money to deal with environmental sit- fective for many reasons, as has been The opportunity that we have now uations, every domestic purpose now described by my colleagues. But I want before us is to be able to hopefully hurting. to point out the error in the provision clear this area so we will not have a Transportation, we are in a terrible relating to exports of computers. veto. Unfortunately, we do. I have re- dilemma right now because we cannot I think it is important to outline ceived word that the bill is going to be afford to go forward with our transpor- that no one is saying that there is not filibustered both by Senator HUTCHISON tation needs. Pass this authorization a level of sophisticated computers that and Senator GRAMM as well as some of and we greatly exacerbate that di- should not be controlled. In fact, there H9604 CONGRESSIONAL RECORD — HOUSE October 28, 1997 should be. The problem is, from con- conference, I was very concerned about Mr. FAZIO of California. Mr. Speak- cept to concrete, we run into an error whether we are making adequate provi- er, when is a compromise not a com- and problem in this bill. The 2000 sion to ensure that our forces have the promise? Well, this conference report is MTOPS is not a computer that needs technological edge on the battlefield of a classic example of one. to be controlled. In fact, by next year the future. I am satisfied that this con- The language in this report, nego- the Pentium II 450 megahertz version ference report moves us in the right di- tiated behind closed doors, does not will be, in all likelihood, 2000 MTOPS rection. move an inch in the right direction to- on one chip. Today we are witnessing steady ward what the Department of Defense’s To change the 2000 MTOPS, because aging of equipment. Many weapons sys- interests are, what is best for the obviously a Pentium II should not be tems and platforms that were pur- American military forces, and what is controlled, it is readily available, there chased in the 1970’s and 1980’s will best for the taxpayers’ dollar. That is is a very lengthy process in the bill reach the end of their useful lives over competition to determine the best that involves multiagency review, and the next decade or so. Congress must place to overhaul and repair military then a 180-day period for Congress to make certain that tomorrow’s forces workload. review. I would note that this is an in- are every bit as modern and capable as This conference report moves in the dustry where it used to be a law, that today’s. Consistent, adequate spending wrong direction. This so-called com- it was 18 months. We are down to 9- on the modernization of U.S. forces is promise language, written without the month product cycles. So by the time required to ensure that tomorrow’s knowledge or input of several members the review provision has occurred, the forces are equipped and ready to domi- of the authorizing committee itself, re- market will have moved further and we nate the battlefield across the full stricts competition. Instead of creating will never catch up. spectrum of military operations. a level playing field, it tilts it even fur- That is why I think that this is, al- The conference agreement follows ther in favor of public depots, which though I am sure it is well-intentioned, the House lead to increase funding for may not be as cost-effective as the pri- I think it is out of kilter with the tech- missile defense programs. This is true vate sector in all cases. But rather nology that we face, and therefore, se- both for the theater missile defense than let competition determine the riously flawed. I believe that is why and national missile defense. The winner, this report, I think, skews the the Commerce Department, and I agreement also does a commendable outcome in favor of one type of com- quote, said, ‘‘The waiting periods make job of straightening out the tactical petitor without concern for the impact no technological sense.’’ aviation program that will ensure air on the taxpayer. I believe that those who have pro- superiority into the future. If that is not enough, there is a new posed this mean and intend to do a sen- People continue to be the most im- wrinkle in this report that ought to sible thing to protect our country. I portant component of our military. raise the eyebrows of some other Mem- honor those intentions and those well Quality people are the key to a suc- bers. That is the restriction on super- meanings, but I must point out that cessful military. Downsizing and de- computer exports, which will have a between good intentions and sensible ployments have created a high level of chilling effect on our Nation’s high- results there has been a glitch, in this turbulence among our military people. tech industry, threatening America’s case. I believe we ought to defeat this They have increasing cause to be con- status as the world’s leading exporter conference report, we ought to relook cerned about health care, about hous- of technology. at this, and make sure that we actually ing, about retirement, and about other Mr. Speaker, I urge my colleagues to take those steps that will actually pro- benefits such as the military resale oppose this conference report because tect our country, rather than this system. it is ‘‘veto bait.’’ I emphasize that. It This conference agreement goes a flawed result. will not become law unless it is further Mr. SPENCE. Mr. Speaker, I am long way toward making certain that modified to accommodate a level play- pleased to yield 1 minute to the gen- our military people and their families ing field on competition. This is a bad are taken care of. More must be done, tleman from Alabama [Mr. RILEY]. deal for America’s taxpayers. I think it but this is a major step in the right di- Mr. RILEY. Mr. Speaker, I rise today is not a good deal for our high-tech in- rection. Mr. Speaker, this conference in strong support of H.R. 1119. First, I dustry, and I know in my own district agreement provides a reasonable and want to commend the gentleman from it is doomsday for thousands of Ameri- balanced program for our military. I South Carolina, Chairman SPENCE, and cans who have worked for the Defense urge its adoption. the ranking member, the gentleman Department, and I think it is true also from California, Mr. DELLUMS, for all b 2030 in San Antonio where we only hope to their hard work on this bill. Mr. SPENCE. Mr. Speaker, I yield 1 save a few jobs, if we can win the com- Mr. Speaker, this conference report minute to the gentleman from Kansas petition to do the public’s business. includes a much deserved 2.8-percent [Mr. RYUN]. Mr. Speaker, I urge my colleagues to raise for our servicemen and women, Mr. RYUN. Mr. Speaker, I thank the please join me in voting ‘‘no’’ on this over $1.5 billion for family and troop gentleman from South Carolina [Mr. report. The President will veto it. We housing, and finally and most impor- SPENCE] for his hard work and the gen- can get a better one with our col- tantly, Mr. Speaker, it restores the full tleman from California [Mr. DELLUMS], leagues’ help. faith and integrity to the base closure the ranking member, for all of his work Mr. SPENCE. Mr. Speaker, I yield 1 process. Therefore, Mr. Speaker, I urge on H.R. 1119. I rise in support of H.R. minute to the gentleman from Texas all of my colleagues to support this 1119, the 1998 National Defense Author- [Mr. THORNBERRY]. bill. ization conference report. Mr. THORNBERRY. Mr. Speaker, de- Mr. DELLUMS. Mr. Speaker, I yield 2 Mr. Speaker, once again the Presi- spite some of the shortcomings that minutes to my distinguished colleague, dent submitted a budget request that some people may see in this bill, over- the gentleman from Virginia [Mr. PICK- does not match our national security all it makes us stronger and it deserves ETT]. goals. Whether it is weapons mod- to be supported. Mr. PICKETT. Mr. Speaker, I thank ernization, health care for military In the key area of our own nuclear the gentleman for yielding me this families, military construction, or end- arsenal, it makes sure that our nuclear time. strength levels, the President’s request weapons are safe and reliable in the fu- Mr. Speaker, I rise in support of the falls woefully short, an inadequate ef- ture, despite a number of shortcomings conference report on the defense au- fort. and deficiencies that are increasingly thorization bill for fiscal year 1998. The Mr. Speaker, I support the House’s getting attention. I would commend to conference agreement strikes a reason- efforts to increase the defense spending my colleagues’ attention a CRS report able balance among the needs for mod- above the President’s request and en- which was just released last week that ernization, strategic forces, readiness, sure that the United States remains discusses some of these key defi- and quality-of-life programs for our the world’s premier fighting force. ciencies that this bill begins to ad- military people. Mr. DELLUMS. Mr. Speaker, I yield 2 dress. As a member of the research and minutes to the distinguished gen- In the very important area of our co- technology panel of the committee of tleman from California [Mr. FAZIO]. operation with the nations of the October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9605 former Soviet Union to take apart de- With those concerns, Mr. Speaker, I raise for those that protect us. It livery systems that were once aimed at urge all of my colleagues to support makes us stronger. us and to prevent nuclear terrorism this conference report. A very important aspect of this that and smuggling, this bill is a much bet- Mr. DELLUMS. Mr. Speaker, I yield 1 sometimes does not get the attention ter bill than the bill that originally minute to my distinguished colleague, that it deserves, but it provides for ad- left the House. the gentleman from Tennessee [Mr. ditional funds for modernization and I would also add, Mr. Speaker, in the TANNER]. that is very important as we prepare most important asset of all, and that is Mr. TANNER. Mr. Speaker, I would for the 21st century. our people, this bill makes some need- like to ask the gentleman from South Mr. Speaker, again, I thank the gen- ed corrections to improve that area so Carolina [Mr. SPENCE] if he would en- tleman from South Carolina for a very that we can get and keep the very best gage in a colloquy. well done job. people throughout our military and Mr. Speaker, I would ask the gen- Mr. DELLUMS. Mr. Speaker, I yield that will serve us well in the future. tleman if I am correct in understand- myself such time as I may consume. Mr. DELLUMS. Mr. Speaker, I yield 2 ing that the conference report provides Mr. Speaker, we have come to the minutes to the distinguished gen- $40.2 million for upgrades and modifica- end of the debate and discussion on the conference report. I would simply like tleman from Virginia [Mr. SISISKY]. tions to the Army’s M–113 armored per- Mr. SISISKY. Mr. Speaker I thank sonnel carrier? And is there any to first thank the distinguished gen- the gentleman from South Carolina amount of funding authorized for reac- tleman from South Carolina [Mr. SPENCE] for his efforts. As I said earlier [Mr. SPENCE], chairman of the commit- tive armor tiles for the M–113 vehicle? tee, and, of course, the gentleman from Mr. SPENCE. Mr. Speaker, will the in my remarks, he has been congenial; this has been a bipartisan effort. California [Mr. DELLUMS], ranking gentleman yield? Second, the fact that I cannot sup- member, for a job well done. Mr. TANNER. I yield to the gen- port this conference report, that not- Mr. Speaker, we have been at this tleman from South Carolina. withstanding, I think that it is impor- conference, and this was no easy con- Mr. SPENCE. Mr. Speaker, the gen- tant that this committee bring this ference, something like over three tleman is correct. Although the con- conference report to the floor. We do months. Did we get everything we ference report specifically directs $35.2 not choose to end up a debating soci- liked? No. I can tell my colleagues that million of the $40.2 million for vehicle ety. It is terribly important that Mem- on the depot issue I am not very fond upgrades and modifications, it does bers of Congress know that when we of it. But we never get everything we allow the Army to procure either reac- pass a bill, go to conference, that even- want when we compromise. tive armor tiles or driver thermal tually we will bring back a significant Mr. Speaker, I was startled to hear, viewers or both with the remaining $5 work product. believe it or not, that we dropped the million. There are a number of factors in this cap on NATO participation. I think we Mr. TANNER. Mr. Speaker, reclaim- bill that some Members like. There are can correct that next year. I know I ing my time, I thank the gentleman. other factors that some Members do will try as best I can to do that. Mr. SPENCE. Mr. Speaker, I yield 1 not. That is the nature of the legisla- But all in all, the bill is the right minute to the gentleman from North tive process. But I am pleased that we bill. It is not satisfying to everyone. I Carolina [Mr. BALLENGER]. are bringing back a report, a con- would really ask my colleagues to be Mr. BALLENGER. Mr. Speaker, I rise ference report to the floor of this body sure to vote ‘‘aye’’ on the bill. The to engage the gentleman from South so that my colleagues may work their readiness of our troops, and we have Carolina [Mr. SPENCE], my good friend, will. spent a great deal of time on the readi- the chairman of the Committee on Na- Finally, I would simply say, Mr. ness of our people with OPTEMPO and tional Security, in a brief colloquy on Speaker, that for the reasons that I PERSTEMPO. I visited particularly employee stock ownership plans in enunciated earlier in this bill I will not Fort Campbell, Kentucky, in August Section 844 of the conference report. personally be supporting the report. I and I was extremely impressed with With respect to the ESOP provision, have my substantive reasons why that our young soldiers and warriors there Section 844 which reflects a Senate is the case. For any Member who is in- that belong to the 101st Airborne Divi- amendment to the original House pro- terested, they can peruse my remarks sion whose morale was extremely high vision, I ask for assurance that the that were made earlier and with those getting ready to go overseas and trust- conference outcome is consistent with summarizing remarks. ing in the Congress to supply them existing law as set forth in Public Law Mr. Speaker, in the interest of com- with the materials that they want. 94–455, establishing that Congress ity and brevity, I yield back the bal- Mr. Speaker, I implore my colleagues wants to encourage ESOPs, not choke ance of my time. to vote ‘‘aye’’ on this bill. them to death with unreasonable rules Mr. SPENCE. Mr. Speaker, I yield Mr. SPENCE. Mr. Speaker, I yield 1 and regulations. myself such time as I may consume. minute to the gentleman from Nevada Mr. SPENCE. Mr. Speaker, will the Mr. Speaker, this is a conference re- [Mr. GIBBONS]. gentleman yield? port. As is the case with all conference Mr. GIBBONS. Mr. Speaker, I rise in Mr. BALLENGER. I yield to the gen- reports, we do not ever get all we want. support of this conference report, but tleman from South Carolina. As I said the other day, we win some, wish to express my limited concerns. Mr. SPENCE. Mr. Speaker, I assure lose some, and in some cases end up in Mr. Speaker, this conference report the gentleman that there is nothing in ties. No one is completely 100 percent reduces the Army National Guard end- the conference report that alters the happy with the product of this con- strength by 5,000 soldiers. This reduc- existing law that the intent of Con- ference report or any other produced tion is made to reflect end-strength re- gress is to encourage ESOP creation by this body. ductions determined by the Quadren- and operation, as clearly spelled out in That is the nature of a conference re- nial Defense Review and agreed upon at Public Law 94–455. In fact, Section 844 port. Give and take. We have to com- an Army offsite meeting on force struc- would further that intent. promise to get a bill back before this ture. But in this same agreement the Mr. BALLENGER. Mr. Speaker, re- body for us to vote on. The same thing Army was also supposed to take a cut claiming my time, I thank the gen- is happening in the other body. They of 5,000 soldiers in fiscal year 1998. tleman. have the same problems we have. However, I am disappointed that this Mr. DELLUMS. Mr. Speaker, I re- Mr. Speaker, if I had my personal bill only reduces the National Guard serve the balance of my time. opinion to express at this time, I would end-strength and does not reduce the Mr. SPENCE. Mr. Speaker, I yield 1 say in summation that the conference end-strength of any other component. minute to the gentleman from New report does not provide enough for the Mr. Speaker, this type of policy hurts Jersey [Mr. PAPPAS]. defense of our country. Most people do future efforts to modernize our mili- Mr. PAPPAS. Mr. Speaker, I com- not realize the condition we find our- tary, penalizing all our forces at the di- pliment the chairman on a job well selves in today. The cold war is over rect expense of the Army National done. I rise in support of this measure. and most people think that the threat Guard. It includes a very well-deserved pay of war has been removed. H9606 CONGRESSIONAL RECORD — HOUSE October 28, 1997 But I am here to tell my colleagues over the President's request and $1.7 billion tary missions,'' then Congress should not that it is not a matter of ‘‘if’’ there over last year's spending. During a time of fis- interfere and prejudice this process with bi- will be another war, it is just ‘‘when’’ cal restraint and balanced budgets, there is no ased language. I urge my colleagues to vote it is going to be and ‘‘where’’ it is room for this kind of unrequested expenditure in favor of fair and open competition and vote going to be. And at this point in time, in our federal ledger. If this Congress contin- against this bill. I am afraid we are not prepared suffi- ues to treat itself to massive defense spending Mr. BUYER. Mr. Speaker, I rise in support ciently to defend against the threat increases, we will starve our health, education, of the conference report for H.R. 1119, the this country faces. and elderly programs. This conference report National Defense Authorization Act for Fiscal Mr. DELLUMS. Mr. Speaker, will the does not reflect our budgetary constraints, nor Year 1998, for its recommitment to the fate of gentleman yield? does it reflect the realities of today's world. In American POW's and MIA's. Mr. SPENCE. I yield to the gen- this bill, we are continuing to authorize cold H.R. 1119 includes most of the House provi- tleman from California. war weapons, such as B±2 bombers and nu- sion which sought to strengthen the process Mr. DELLUMS. Mr. Speaker, before I clear attack subs, instead of taking this impor- by which our past, present and future POW± we yield all time back, I would just tant opportunity to tailor our military capabili- MIA's are accounted for. The National De- fense Authorization Act for FY 1997 repealed like to make a comment. I would like ties to respond to the new challenges that we several provisions of law that provided due to finally thank all the members of the will face in the 21st century. Further, this legis- process for the families of missing service staff on both sides of the aisle. For lation threatens to start an arms race in space. members seeking information about their many of my colleagues who are not And to pay for this new hardware, we are cut- aware, many of these young people loved ones' fates, and that encouraged prompt ting funds for readiness. investigations into missing personnel. The spent numerous weekends away from I am pleased that Congress has agreed to conference report restores many of the provi- their relatives, family, and friends, in expand the Cooperative Threat Reduction pro- sions stricken by the 1997 authorization bill, order to make sure that this extraor- gram, that we can agree to help our National and makes additional changes to the law to dinarily complicated bill came to- Guard, and that we have worked to boost improve the process for accounting for missing gether. funding for research on Gulf war syndrome. persons. These new provisions apply not only b 2045 We must maintain the superiority of our Armed to our military, but to different civilian support Forces and ensure that we provide for the personnel who may be serving alongside our With great personal sacrifice and, in brave individuals and families in military serv- this gentleman’s humble opinion, the armed forces far from home. In reaching an ice. But this bill takes us only half way thereÐ agreement in the conference report, I had very financial remuneration that goes to as it has been crafted, it threatens to bankrupt constructive negotiations with Senator JOHN these staff people does not offset the our entire budget. This bill shows that we have MCCAIN, whose history with this issue is well intrusion into their private lives, I not thought about the kind of military and the think we are very fortunate to have a known. Senator MCCAIN was a good-listener, kind of weaponry we will need to defend this and fair-minded in his approach, allowing us to competent and capable staff who are nation and her allies in the next century. Mem- able to work many of these issues late reach an agreeable compromise between the bers of Congress should take the time to sit two Houses' positions. As a result, the con- into the night and day in and day out down again to craft a bill that takes care of our for weeks and weeks. I would feel that ference report on H.R. 1119 contains a rea- personnel and better matches our future sonable outcome that substantially advances I was derelict in my responsibilities, needs. Mr. Speaker, if I did not express my the interests of those who seek to ensure the Mr. MATSUI. Mr. Speaker, I rise today in fullest possible accounting of our POW±MIA's. sincere gratitude and thanks for all the strong opposition to this bill. staff people who helped put this bill to- Mr. Speaker, the conference report for H.R. The recommendations of the Defense Base 1119 keeps the faith, not only with our people gether. Closure and Realignment [BRAC] Commission I appreciate the gentleman’s generos- in uniform, but with other equally dedicated regarding McClellan and Kelly Air Force Bases citizens who voluntarily venture into harm's ity. are absolutely clear. When the Commission Mr. SPENCE. Mr. Speaker, I, again, way in support the nation's vital interest. It reit- recommended the closure of these facilities, it erates the theme that should constantly play would like to thank the gentleman for directed DOD to either ``consolidate the work- on the hearts of the American peopleÐthat what he has done to make this con- loads to other DOD depots or to private sector our POW±MIA's are, indeed, not forgotten. For ference report possible to bring it be- commercial activities . . .''. Unfortunately, the that reason, I urge my colleagues to support fore the body at this time. negotiators of this bill were unwilling to com- the Defense Authorization Act. Ms. MILLENDER-MCDONALD. Mr. Speaker, promise with the President and DOD, insisting Mr. DICKS. Mr. Speaker, as a conferee rep- I rise to express support for one provision of on the insertion of language that would pre- resenting the Intelligence Committee on this H.R. 1119, Section 2826. Although this provi- vent this mandate from going forth in an equi- legislation, I want to note particularly the reso- sion prohibits conveyance of the property at table manner. lution of an issue affecting the Defense Air- Long Beach Naval Station to the China Ocean Let no one in this chamber be misled. borne Reconnaissance Office, or DARO. The Shipping Company [COSCO], it includes ele- McClellan and Kelly Air Force Bases will Intelligence Committee originally voted to ter- ments of a recommendation I made to this close. As of July, 2001, they will no longer be minate this office and transfer some of its House that allows the President to waive this Air Force facilities and nothing in this bill will functions to the Director of the Defense Intel- restriction if it is determined that the transfer change that in any way. ligence Agency. This recommendation was would not adversely impact our national secu- What this legislation will do, however, is bur- controversial in the CommitteeÐI for one did rity. den the private sector competitors with new not support itÐbut it was endorsed by the Mr. Speaker, I still have reservations about requirements without placing any correspond- House National Security Committee and was the language in the Conference report, how- ing new requirements on the public depots. likewise reflected in the House defense appro- ever, because I do not believe it goes far This language severely undermines the depot priations bill. The Senate took no action enough to protect the national security of the maintenance outsourcing process, turning it against DARO. United States. The language I recommended into a mockery of fair play and open competi- I am pleased that this conference report to the House addressed this issue. The re- tion. does not include the DARO termination rec- strictions limit the provisions of this section to Without the ability to judge the public depots ommended by the House. The conference Long Beach and to the China Ocean Shipping and private firms on a level playing field, the agreement compels no change in DARO nor Company [COSCO]. The language fails to ad- Air Force will be unable to determine which of will it require that DARO cease the exercise of dress the impact of transfers of property at its options under the 1995 BRAC law makes its critical responsibilities for strong oversight other bases to state owned shipping compa- the most sense for our national security. With- of airborne reconnaissance. The conference nies which may pose a risk to national security out fair competition, DOD will be unable to de- report does clarify that DARO's role does not or significantly increase the counter intel- termine which option clearly proves to be the include program management or budget exe- ligence burden on the U.S. intelligence combest value for the American taxpayer. cution. It should be understood clearly that this munity. If the goal of privatization, as the BRAC provision does not alter DARO's current role Mr. KENNEDY of Massachusetts. Mr. Commission reported, is to ``. . . reduce oper- or responsibilities since, Department of De- Speaker, I rise today in opposition to the con- ating costs, eliminate excess infrastructure, fense officials have stressed, DARO has not, ference report on the FY 98 National Defense and allow uniformed personnel to focus on does not, and will not manage programs. In- Authorization bill. This bill goes $2.6 billion skills and activities directly related to their mili- stead, all airborne reconnaissance programs October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9607 are executed by the military services or by the In brief, section 351 establishes a policy for ceeds from such sales will be available to the Defense Advanced Research Projects Agency. the sale of Clean Air Act emission reduction Department of Defense, not only for the The conference report provides for a review credits by military facilities. This policy is only costs attributable to the identification, of DARO by the ongoing Defense Reform quantification and valuation of such emis- applicable to defense facilities and is not appli- sion credits, but for allocation within the Task Force, which I support. This task Force cable to other facilities or emission sources Department of Defense and to military fa- could well make a recommendation, and the operated by the federal government. Thus, the cilities for activities that are ‘‘necessary for Secretary of Defense could decide, to place provision risks creating a patchwork of policies compliance with Federal environmental the airborne reconnaissance oversight function within the federal government which could be laws.’’ This section was not part of H.R. 1119 in another organizational structure or to alter at variance with the most efficient implementa- as approved by the full House of Representa- the manner in which the office reports to sen- tion of emission trading programs. tives. The House Commerce Committee holds ior DoD officials. I have every expectation, Emission trading programs will become in- several strong objections to this provision. however, that the Task Force and the Sec- creasingly important as this nation strives to First, the provision seeks to establish federal retary will strongly support continuation of a meet Clean Air Act standards. Such programs policy, applicable ton only one department centralized and powerful oversight function at hold the promise to achieve needed reduc- of government, concerning several environ- a senior level within the Department. tions at the least cost and to increase flexibility mental trading programs which have dif- During a colloquy when the House consid- in the implementation of Clean Air Act pro- ferent objectives. The provision specifically ered the conference report on the Defense grams. Thus, what is needed in lieu of section applies to ‘‘any transferable economic incen- Appropriations Act, Chairman Young assured tives’’ which would include, at a minimum, 351 is a comprehensive review of the partici- trading programs involving criteria pollut- me that the reduction to DARO's operating pation of all federal facilities and operations ants regulated under Title I of the Clean Air budget reflected in the Act was made without within new emission trading programs. Act, marketable permits established under prejudice and that the Committee would con- The question of how federal facilities partici- Title I and Title V of the Clean Air Act, and sider a reprogramming request from the Sec- pate and what economic incentives may be other programs which seek to provide flexi- retary to restore all or part of the funding re- available to individual facilities is an important ble, alternative implementation of the Act. quested for supporting the airborne reconnais- question which should not be determined with- While the Commerce Committee would sance oversight function for fiscal year 1998. seek to encourage the full participation of out informed analysis of the available alter- the federal government in emission reduc- The defense authorization conference report natives. In this regard, during the coming tion and trading programs, it does not be- followed the budgetary allocations of the Ap- months, the Commerce Committee will be ac- lieve that this participation should occur on propriations conference in this as in most tively reviewing this matter and may consider a segmented or department-by-department other matters. I hope that the leadership of the and evaluate policies at variance with those basis. Moreover, it is unclear whether the re- other committees which would have to con- specified in section 351. In brief, the full com- turn of funds (over and above the amount of sider a reprogramming for DARO will likewise mittee and subcommittee leadership of the costs associated with identification, quan- defer to the judgment of the Secretary of De- Commerce Committee have not endorsed sec- tification and valuation of economic incen- fense on funding for this activity in the coming tives sold) should necessarily be made avail- tion 351 or the pilot program it will establish able to the specific facilities which gen- year. and the Committee specifically reserves its erated the economic incentives. Requiring Mr. BLILEY. Mr. Speaker, I rise in support rights and prerogatives under the Rules of the that such funds be allocated ‘‘to the extent of the conference report and wish to note the House to amend or terminate the pilot pro- practicable’’ to specific facilities risks ignor- hard work of all members of the conference gram established by this section. ing important Clean Air Act goals or other committee to deliver legislation that will ensure On another provision included in the con- federal priorities. the security of our country and adequately ference report, I would like to clarify our un- Second, the provision seeks to establish a policy which may be at variance with provide for the members of our Armed Forces. derstanding that the language in section 3404, As a conferee on various provisions of this present attempts to promote flexible imple- Transfer of Jurisdiction, Naval Oil Shale Re- mentation of new Clean Air Act standards. legislation which impacted the jurisdiction of serves Numbered 1 and 3, transfers only `àd- On July 16, 1997, the President directed the the Commerce Committee, I am generally sat- ministrative jurisdiction'' over the Naval Oil Administrator of the Environmental Protec- isfied with the work which has been accom- Shale Reserves, and does not impact the ju- tion Agency ‘‘in consultation with all af- plished over the past several weeks. We have risdiction of the Commerce Committee. The fected agencies and parties, to undertake the been able to reach agreement on a number of Commerce Committee has long shared juris- steps appropriate under law to carry out the issues, and I appreciate the effort of Chairman diction over the Naval Oil Shale Reserves with attached (implementation) plan’’ for the new ozone and particulate matter standards. Sec- SPENCE and other conferees to remain sen- the National Security and Resources Commit- sitive to the concerns of my Committee re- tion 338 predates this policy, and thus pre- tees. In order to assure that Americans get the dates any consultation or coordination be- garding a number of provisions on which the best value for their investments we have tween the Environmental Protection Agency Commerce Committee was not represented by agreed to these provisions which allow two of and the Department of Defense regarding im- conferees. the Naval Oil Shale Reserves to be leased for plementation of new clean air act standards However, although I signed the conference oil and gas exploration and production. The which contemplate broad and unprecedented report and support the overall bill, I continue to Commerce Committee expects to be a part of utilization of emission trading programs. have serious reservations concerning several Given the costs associated with full imple- any future legislative efforts to modify these mentation of the new standards, it is clear parts of the final work product. Specifically, I provisions or make any other changes with re- do not believe that section 351 of Title III of that offsetting these costs through the sale spect to the operations or disposition of these of allowances and other incentives is essen- Division A of H.R. 1119 should be part of this national assets. tial. The corresponding distribution of the legislation. U.S. HOUSE OF REPRESENTATIVES, economic benefits resulting from the sale of This section was not included in the House COMMITTEE ON COMMERCE, allowances is thus a significant policy deci- version of H.R. 1119. Instead, this measure Washington, DC, September 4, 1997. sion. Such a decision should not be made in was added by the other body without thorough Hon. FLOYD SPENCE, the context of legislation unrelated to the review and without specific comment by the Chairman, House National Security Committee, goals of Clean Air Act programs and policies. Executive Branch. Thus, simply on procedural Rayburn House Office Building, Finally, the Commerce Committee, which grounds alone, I do not believe that section Washington, DC. has jurisdiction over the law which served to Hon. STROM THURMOND, create the economic incentives which are the 351 should be part of the final conference re- Chairman, Committee on Armed Services, subject of Section 338, has received no testi- port. Russell Senate Office Building, mony, evidence, or other information from But my concerns regarding this provision Washington, DC. the Department of Defense or other depart- are far more than procedural. In this regard, I DEAR CHAIRMAN SPENCE AND CHAIRMAN ments or agencies of the federal government am attaching a letter signed by myself, Health THURMOND: We are writing to express our op- which specifically supports the final legisla- and Environment Subcommittee Chairman MI- position to Section 338 of H.R. 1119 and to tive language of section 338. Thus, the Com- CHAEL BILIRAKIS, full committee Ranking Mem- ask for your assistance in deleting this pro- merce Committee has had no opportunity to vision during the conference committee con- evaluate the propriety of the policies advo- ber JOHN D. DINGELL, and subcommittee sideration of this matter. cated by section 338, the validity of the in- Ranking Member SHERROD BROWN. This letter Section 338 seeks to establish a program, formation and assumptions which underlie outlines the Commerce Committee's serious solely within the Department of Defense, to its incorporation into this law, or the ability concerns regarding section 351 and the rea- provide for the sale of emission reduction to subject advocates of this provision to nor- sons why this section should not have been credits established under the Clean Air Act. mal committee process and questioning. At a adopted in conference. The section additionally directs that pro- minimum, the Commerce Committee must H9608 CONGRESSIONAL RECORD — HOUSE October 28, 1997 insist on its right to fully examine this pro- Bosnia deployment in the near future and cisely at a time when SFOR is clearly drifting vision within the normal oversight and legis- bring the troops home. deeper into the quagmire in the Balkans, rath- lative duties delegated to the Committee by The conferees' decision to abandon a firm er than preparing to disengage from it. the full House of Representatives. withdrawal date in favor of language merely During the last three months, SFOR has be- Thank you for your assistance in striking this provision for the final conference report. requiring Presidential certifications for the come more and more entangled in efforts at Should you require any further information Bosnia mission to be extended for an indefi- nation building, a flawed objective as well as on this provision, please do not hesitate to nite period of time after June 30, 1998, not an inappropriate use of combat forces. For ex- contact us. only weakens the firm position of the House, ample, SFOR troops are increasingly becom- Sincerely, it offers further scope for yet another exten- ing involved in Serbian interparty politics, the TOM BLILEY, sion of the Bosnia mission. As everyone must takeover of police stations, and the censorship Chairman, House Commerce Committee. surely realize, the President's certification to of television broadcasts. These recent actions MICHAEL BILIRAKIS, the terms of the provision is virtually a forgone compromise our status as neutral peace- Chairman, Health and Environment Subcommittee. conclusion. By permitting President Clinton to keepers and jeopardize the primary mission of JOHN D. DINGELL, unilaterally extend the deployment of U.S. separating the former belligerents. More im- Ranking Minority Member House Commerce Armed Forces in the potentially hostile envi- portant, they endanger American lives in much Committee. ronment, Congress would be undercutting its the same way as our poorly thought-out poli- SHERROD BROWN, obligation to the American people and to the cies in Somalia and Lebanon. Ranking Minority Member Health and young men and women the President has sent Commenting on the administration's in- Environment Subcommittee. to Bosnia. creased engagement in nation building, former Mr. KASICH. Mr. Speaker, I am very dis- It is a generally accepted premise that the secretary of State Henry Kissinger wrote the appointed that the conferees did not reflect the President is the ``sole organ of the federal following: `Àmerica has no national interest for clear will of the House in the Conference Re- government in the field of international rela- which to risk lives to produce a multiethnic port's provision dealing with Bosnia [sections tions,'' and that Congress generally accepts a state in Bosnia. The creation of a multiethnic 1201 through 1206]. broad scope for independent executive action state should be left to negotiations among the The mission of the U.S. Armed Forces in in international affairs. But Congress has long partiesÐwelcomed by America if it happens Bosnia has been characterized by a failure to been concerned about U.S. military commit- but not pursued at the risk of American lives.'' define achievable objectives, a unilateral shift- ments and security arrangements that have The administration has compounded the dif- ing of deadlines, and a refusal on the part of been made by the President unilaterally with- ficulty of a confused, evolving mission in the administration to clearly explain its goals out the consent or full knowledge of Congress. Bosnia by the lack of a clear exit strategy. either to Congress or to the public at large. If Throughout our Nation's history, prior Presi- This problem became very evident during the the American people are to have any con- dents have sought Congressional consent for Senate's hearing to confirm General Henry fidence in our national security policy, that pol- extended deployments of United States Shelton as Chairman of the Joint Chiefs of icy must be honestly and forthrightly presented Forces overseas, either through declarations Staff on September 9, 1997, when General to them. of war or by Acts of Congress authorizing the Shelton admitted that he had not been in- I am troubled by the unclear focus of the specific deployment. The latter category has formed of the exit strategy for Bosnia. It is mission and the apparent lack of an exit strat- ranged from authorizations to deploy forces likely that to the extent an exit strategy exists, egy. The underlying premise of the original overseas (such as the 1949 North Atlantic it is so firmly tied to hazily defined future politi- mission was to separate the warring factions, Treaty and the 1954 Mutual Defense Treaty cal events that there is always sufficient rea- then turn the peacekeeping role over to our with Korea) to the use of military force in spe- son to leave U.S. troops in place: there is al- European allies within one year. In November cific situations (such as the Gulf of Tonkin ways one more local election, always one 1995, in his address to the Nation regarding Resolution in 1965, or the Persian Gulf Reso- more arbitration, always one more refugee our proposed commitment of our forces to lution of 1991). transfer that would, in the administration's Bosnia, President Clinton stated that, ``* * * Article I of the Constitution grants Congress opinion, require the presence of U.S. troops. our Joint Chief's of Staff have concluded that the ``Power to raise and support Armies * * * Making our departure a hostage to these U.S. participation should and will last about to provide and maintain a Navy * * * to make events is a virtual guarantee that U.S. troops one year.'' Rules for the Government and Regulations of will be in Bosnia for a long time to come. However, in November, 1996, the President the land and naval forces * * *'', and grants Finally, our mission in Bosnia raises trou- announced that our military presence in Congress the sole authority to declare war. bling questions about allied burdensharing. I Bosnia would be extended for another eight- These powers were explicitly given to Con- firmly believe that Bosnia is not a vital national een months, until June 30, 1998. Although gress in order to prevent the President, in his interest. It is, at most, a peripheral interest of Secretary of Defense Cohen has emphatically role as Commander in Chief, from using the the United States to end a regional civil war in stated his understanding that U.S. forces armed forces for purposes that have not been an area outside of NATO territory. It may be would be withdrawn by the end of June, 1998, approved of by Congress on behalf of the na- a vital interest to Europe, but it does not follow more recent statements by administration offi- tional security interests of the American peo- that U.S. ground troops must be tied up there cials, such as those of National Security Advi- ple. for years. If the Europeans truly have the will sor Samuel Berger on September 23, 1997, Nowhere in the Constitution is the President to maintain peace in Bosnia, they will find a have cast serious doubt on this second dead- empowered to deploy United States Armed way; the administration should press the Euro- line. Forces for war or beyond our borders without peans to begin planning now to assume full These shifting deadlines have been accom- the consent of Congress. It is generally responsibility for the ground mission. If our al- panied by rhetorical sleights-of-hand, such as agreed, however, that situations of imminent lies have deficiencies, for example, in logistics the assertion that by renaming the military or immediate danger to American life or prop- capability or command and control, we must force in Bosnia from the Implementation Force erty may arise that require the President to act identify them and offer help to correct them. (`ÌFOR'') to the Stabilization Force (``SFOR''), without Congressional consent, but the ex- The conference agreement on Bosnia, by a new mission, and therefore a different de- tended deployment to Bosnia hardly qualifies permitting what is essentially an open-ended ployment, was created. Somehow, this was for such unilateral action. extension of the mission, effectively nullifies believed to mitigate the fact that U.S. troops President Clinton, by ordering the deploy- the consensus of a record vote in the House are still in Bosnia, nearly a year after the initial ment of our military into Bosnia without the and opens the door to further mission creep. withdrawal deadline has passed. consent of Congress, has assumed that the I am deeply disappointed that the conferees It was against this background that on June making of war is the prerogative of the Execu- could not find a mechanism to reassert 24, 1997, the House voted 278±148 to prohibit tive Branch. But the raising, maintenance, Congress's legitimate Constitutional authority funding for U.S. ground forces in Bosnia after governance, and regulation of the deployment when our men and women in uniform are de- June 30, 1998. Moreover, this strong show of and use of the Armed Forces of the United ployed in harm's way. Instead, the conferees support for setting a date certain for with- States is the prerogative of Congress. appear to have countersigned a blank check drawal came just after the House narrowly re- Not only does the conferees' weakening of to continue deployment in the Balkans. jected an amendment to end the U.S. ground the House position undercut Congress's legiti- Mr. BILIRAKIS. Mr. Speaker, I rise in sup- force mission in Bosnia by December 31, mate authority to work its will on a vital foreign port of the conference report to H.R. 1119, the 1997. Together, these votes demonstrate a policy matter that involves the commitment of National Defense Authorization Act. This con- consensus in the House to wrap up the substantial U.S. military forces, it comes preference includes a very important provision on October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9609 an issue that I have been working on for over this body are aware, eighteen suits were filed Cannon Hunter Pitts Carson Hutchinson Pomeroy ten years. against the Government of Saudi Arabia in the Castle Hyde Porter Several programs have been enacted over 1980's following their failure to pay for hun- Chabot Inglis Portman the years to allow regular and reserve retired dreds of millions of dollars worth of construc- Chambliss Istook Price (NC) members to ensure that, upon their deaths, tion projects. To date, one important claim re- Christensen Jefferson Pryce (OH) Clayton Jenkins Quinn their survivors will continue to receive a per- mains unresolvedÐthe case of Gibbs and Hill, Clement John Radanovich centage of their retired pay. However, two cat- an engineering firm hired by the Saudi govern- Clyburn Johnson (CT) Redmond egories of ``forgotten widows'' have been cre- ment to design a power and desalinization Coble Johnson, E. B. Regula Coburn Johnson, Sam Reyes ated by omitting any benefits for survivors of plant in the late 1970's. Collins Jones Riggs members who died before they could partici- Following the completion of the facilities, the Combest Kanjorski Riley pate in the new programs. Saudi government refused to pay Gibbs and Cook Kaptur Roemer The Survivor Benefit Plan (SBP), enacted in Hill the $55.1 million owed for their services. Cooksey Kasich Rogan Cox Kennedy (RI) Rogers 1972, replaced an earlier unsuccessful pro- Almost twenty years later, the claim is still Cramer Kennelly Rohrabacher gram. It offered an 18-month open enrollment being pursued by Hill International, Inc., a firm Crane Kildee Ros-Lehtinen period for members already retired. This SBP located in my district. Although substantial Davis (FL) Kim Rothman open enrollment period inadvertently created Davis (VA) King (NY) Ryun Congressional support has been organized to Deal Kingston Salmon the first category of ``forgotten widows.'' These pressure the Saudi government to settle this DeLauro Klink Sanchez individuals are widows of retirees who died final claim, there has been little action. I am DeLay Knollenberg Sandlin before the SBP was enacted or during the confident, however, that the upcoming report Diaz-Balart Kolbe Sanford Dickey LaHood Saxton open enrollment period before making a par- of the Secretary of Defense will help move the Dicks Largent Scarborough ticipation decision. There are 3,000 to 10,000 process along by identifying the Gibbs and Hill Doyle Latham Schaefer, Dan pre-1974 widows. claim, and any other outstanding claims, re- Dreier LaTourette Schaffer, Bob In 1978, the law was changed to allow Re- Dunn Lazio Scott sulting in a public record of the Kingdom of Edwards Leach Shadegg servists the opportunity to elect survivor bene- Saudi Arabia's failure to pay its debts to Amer- Ehlers Levin Shaw fit coverage for their spouses and children ican businesses. Ehrlich Lewis (CA) Shimkus when completing 20 years of qualifying serv- With the support of the Senate Armed Serv- Emerson Lewis (GA) Sisisky English Lewis (KY) Skeen ice. However, it did not provide coverage for ices Committee for the House directive report Ensign Linder Skelton widows of Reserve retirees who died prior to language, I am hopeful the Secretary of De- Etheridge Livingston Smith (NJ) its enactment. Thus the second category of fense, in consultation with the Secretaries of Evans Lucas Smith (TX) ``forgotten widows'' evolvedÐthe pre-1978 re- Ewing Maloney (CT) Smith, Adam State and Commerce, will issue this report in Fawell Maloney (NY) Smith, Linda serve widows. There may be 3,000 to 5,000 a timely matter. Foley Manzullo Snowbarger widows in this category. Mr. SPENCE. Mr. Speaker, I have no Forbes Mascara Snyder In 1948, when the Civil Service Survivor further requests for time, and I yield Fowler McCarthy (NY) Solomon Fox McCollum Souder Benefit Plan was enacted, it also created back the balance of my time. Frelinghuysen McCrery Spence some civil service forgotten widows. In 1958, The SPEAKER pro tempore (Mr. Frost McHale Spratt Congress authorized an annuity of up to $750 SNOWBARGER). Without objection, the Gallegly McHugh Stabenow per year for the widows of civil service em- Gejdenson McInnis Stearns previous question is ordered on the Gekas McIntyre Stenholm ployees who were married to the employee for conference report. Gephardt McKeon Strickland at least five years before the retiree's death, There was no objection. Gibbons McNulty Stump were not remarried, and were not entitled to The SPEAKER pro tempore. The Gilchrest Meehan Sununu Gillmor Meek Talent any other annuity based on the deceased em- question is on the conference report. Gilman Menendez Tanner ployee's service. The question was taken; and the Goode Metcalf Tauzin Today, all military ``forgotten widows'' have Speaker pro tempore announced that Goodlatte Mica Taylor (MS) to show for their husbands' careers are Goodling Miller (FL) Thomas the ayes appeared to have it. Goss Mink Thompson memories. The 1958 civil service benefit of Mr. DELLUMS. Mr. Speaker, I object Graham Moran (KS) Thornberry $750 equates to more than $3,600 in 1994 to the vote on the ground that a Granger Moran (VA) Thune dollars. quorum is not present and make the Green Murtha Thurman Military ``forgotten widows'' deserve at least Greenwood Myrick Tiahrt point of order that a quorum is not Gutknecht Nethercutt Tierney the minimum SBP annuity allowed under cur- present. Hall (OH) Neumann Turner rent law. Therefore, I introduced legislation, The SPEAKER pro tempore. Evi- Hall (TX) Ney Upton H.R. 38, that would provide these widows with Hamilton Northup Visclosky dently a quorum is not present. Hansen Norwood Walsh a monthly annuity of $165 per month. H.R. 38, The Sergeant at Arms will notify ab- Harman Nussle Wamp has received bipartisan support and has more sent Members. Hastert Ortiz Waters than 50 cosponsors. Without objection, the Chair will re- Hastings (WA) Oxley Watkins I was pleased that the Senate included a Hayworth Packard Watts (OK) duce to not less than 5 minutes the Hefley Pallone Weldon (PA) similar provision in its authorization act. The time for a vote by the yeas and nays on Hefner Pappas Weller conference report that we are considering the question of suspending the rules Hill Parker Weygand Hilleary Pascrell White today retains this important provision from the and agreeing to House Resolution 139, Senate's legislation. The inclusion of forgotten Hinojosa Pastor Whitfield postponed earlier today, which will im- Hobson Paxon Wicker widows in the Survivor Benefit Plan is long mediately follow this vote. Hoekstra Pease Wolf overdue. Holden Peterson (MN) Wynn There was no objection. Horn Peterson (PA) Young (AK) I urge my colleagues to support the con- The vote was taken by electronic de- ference report for H.R. 1119. Hostettler Petri Young (FL) vice, and there were—yeas 286, nays Hoyer Pickering Mr. SAXTON. Mr. Speaker, I want to thank 123, not voting 24, as follows: Hulshof Pickett the committee for adding language to the NAYS—123 House-passed version of the Defense Author- [Roll No. 534] YEAS—286 Ackerman Crapo Engel ization Act that would commission a study to Barrett (WI) Cummings Eshoo Abercrombie Barton Bonior help resolve outstanding U.S. commercial dis- Becerra Cunningham Everett Aderholt Bass Bono Berman Danner Farr putes against the Kingdom of Saudi Arabia. Allen Bateman Boswell Blumenauer Davis (IL) Fattah There remain, however, slight technical modi- Archer Bentsen Boyd Bonilla DeFazio Fazio Armey Bereuter Brady fications to the directive report language I Brown (OH) DeGette Filner Bachus Berry Brown (FL) would like to clarify in this statement. Campbell Delahunt Foglietta Baesler Bilbray Bryant Cardin Dellums Ford The purpose of the study is to re-open the Baker Bilirakis Bunning Chenoweth Deutsch Frank (MA) claims process established under the FY93 Baldacci Bishop Burton Clay Dingell Franks (NJ) Ballenger Blagojevich Buyer Defense Appropriations Bill and to require the Condit Dixon Furse Barcia Bliley Callahan Department of Defense to conduct a broad Conyers Doggett Ganske Barr Blunt Calvert Costello Dooley Gordon and comprehensive search into any remaining Barrett (NE) Boehlert Camp Coyne Doolittle Gutierrez claims not resolved under the Act. As many in Bartlett Boehner Canady H9610 CONGRESSIONAL RECORD — HOUSE October 28, 1997 Hastings (FL) McCarthy (MO) Royce privileged report (Rept. No. 105–355) on tion Service to process our application), who Herger McDermott Rush the resolution (H. Res. 284) providing spends most of her time caring for our 22- Hilliard McGovern Sabo month-old daughter. As we are on the verge Hinchey McKinney Sanders for consideration of the bill (H.R. 2493) of applying to remove the conditional status, Hooley Millender- Sawyer to establish a mechanism by which the I am very concerned about how the INS may Jackson (IL) McDonald Sensenbrenner Secretary of Agriculture and the Sec- Jackson-Lee Miller (CA) Serrano view a Congressional subpoena on her record. (TX) Minge Sessions retary of the Interior can provide for We do not know why she is being inves- Johnson (WI) Moakley Shays uniform management of livestock graz- tigated. The committee doing so is the one Kennedy (MA) Morella Sherman ing on Federal lands, which was re- investigating alleged campaign fundraising Kilpatrick Nadler Skaggs abuses. Li had a Chinese surname. She once Kind (WI) Neal Slaughter ferred to the House Calendar and or- Kleczka Oberstar Smith (MI) dered to be printed. held a low level job (translating and staffing meetings with the FBI and Secret Service) in Klug Obey Stokes f Kucinich Olver Stupak the security office of the Taiwan non-em- LaFalce Owens Tauscher THE JOURNAL bassy here (a job that she resigned in 1995 in Lampson Paul Torres order to marry me, a one-time registered Re- Lantos Pelosi Towns The SPEAKER pro tempore. Pursu- publican (I was a callow youth at the time) Lipinski Pombo Traficant ant to clause 5 of rule I, the pending and currently a 20-year mid-level Federal LoBiondo Poshard Velazquez Lofgren Rahall Vento business is the question of the Speak- civil servant who hasn’t given a penny to Lowey Ramstad Watt (NC) er’s approval of the Journal of the last any politician or party since the $50 tax Luther Rangel Waxman day’s proceeding. credit was repealed in 1986). In her job, she Manton Rivers Wexler had no contact with American political par- Markey Rodriguez Wise Pursuant to clause 1, rule I, the Jour- ties or politicians. Martinez Roukema Woolsey nal stands approved. We categorically deny any involvement, by Matsui Roybal-Allard f my wife or myself, in political fundraising NOT VOTING—24 for any party in the 1996 campaign or any ABUSE OF SUBPOENA POWER Andrews Flake Schiff other campaign since 1986. Borski Gonzalez Schumer (Mr. MORAN of Virginia asked and I would like for you to intervene on our be- Boucher Houghton Shuster was given permission to address the half. I would like this committee to with- Brown (CA) Kelly Smith (OR) draw this subpoena and expunge it from its Burr McDade Stark House for 1 minute and to revise and records. Capps McIntosh Taylor (NC) extend his remarks and include extra- Thank you for your help in this matter. Cubin Mollohan Weldon (FL) neous material.) Sincerely, Duncan Payne Yates Mr. MORAN of Virginia. Mr. Speak- TED HUDSON. b 2109 er, on Saturday, a constituent of mine by the name of Ted Hudson, received a BELL ATLANTIC CORP., Mr. SAWYER changed his vote from Cockeysville, MD, October 17, 1997. ‘‘yea’’ to ‘‘nay.’’ subpoena for all of the telephone records of his wife from the U.S. House LIPING CHEN, Messrs. CLYBURN, NORWOOD, Alexandria, VA. of Representatives, the Committee on BARR of Georgia, and NEY changed DEAR CUSTOMER: It is this Company’s pol- their vote from ‘‘nay’’ to ‘‘yea.’’ Government Reform and Oversight, in- icy to notify a subscriber when we receive a So the conference report was agreed vestigating campaign financing. This subpoena or summons for our toll billing to. subpoena was issued only because his records for a subscriber’s account. The result of the vote was announced wife’s name is LiPing Chen. His wife We received a subpoena from the House of has a Chinese surname. Mr. Speaker, Representatives of the Congress of the Unit- as above recorded. ed States of America, requesting toll billing A motion to reconsider was laid on this is a 20-year civil servant who categorically denies any involvement by records for your telephone number 703–820– the table. 7768. f him or his wife in political fund-raising This subpoena demands billing records for for any party in the 1996 campaign or the time period of January 1, 1994 through GENERAL LEAVE any other campaign back to 1986 when September 19, 1997. This Company, in re- Mr. SPENCE. Mr. Speaker, I ask the $50 tax credit was repealed and at sponse to this subpoena, will furnish the unanimous consent that all Members that time he was a Republican. available toll billing records to the Commit- may have 5 legislative days within The only reason his wife’s telephone tee on the Government Reform and Over- sight on or before October 20, 1997. which to revise and extend their re- records were subpoenaed is because she has a Chinese surname. This Congress Any questions, you may have about the marks on the conference report just subpoena, should be referred to the Commit- adopted. has no business turning our Govern- tee on Government Reform and Oversight on The SPEAKER pro tempore (Mr. ment into a police state. This is totally 202–225–5074. SNOWBARGER). Is there objection to the inappropriate and I will come to the Sincerely, request of the gentleman from South floor every day until this subpoena is DORIS COX. Carolina? withdrawn and an apology is issued to f There was no objection. this family. LEAVE OF ABSENCE f Mr. Speaker, I submit for the RECORD a letter I received from Mr. Hudson and By unanimous consent, leave of ab- REPORT ON RESOLUTION PROVID- an attachment from his telephone com- sence was granted to: ING FOR CONSIDERATION OF pany. Mr. SCHIFF of New Mexico (at the re- H.R. 1270, THE NUCLEAR WASTE ALEXANDRIA, VA, quest of Mr. ARMEY) through Friday, POLICY ACT OF 1997 October 26, 1997. November 14, 1997, on account of medi- Hon. JAMES P. MORAN, cal reasons. Mr. HASTINGS of Washington, from House of Representatives, Cannon House Office the Committee on Rules, submitted a Building, Washington, DC. Mr. WELDON of Florida (at the request of Mr. ARMEY), for October 29 and privileged report (Rept. No. 105–354) on Re Committee on Government Reform and the resolution (H. Res. 283) providing Oversight abuse of subpoena power. October 30 on account of attending his father’s funeral. for consideration of the bill (H.R. 1270) DEAR MR. MORAN: My wife, LiPing Chen to amend the Nuclear Waste Policy Act Hudson, received the attached letter on Sat- f of 1982, which was referred to the House urday, October 25, from the telephone com- Calendar and ordered to be printed. pany stating: ‘‘We received a subpoena from GRANTING MEMBERS OF HOUSE PRIVILEGE TO EXTEND RE- f the House of Representatives of the Congress of the United States of America, requesting MARKS IN CONGRESSIONAL REPORT ON RESOLUTION PROVID- toll billing records for your telephone num- RECORD TODAY ING FOR CONSIDERATION OF ber . . . for the period of January 1, 1994 Mr. FAZIO of California. Mr. Speak- through September 17, 1997.’’ H.R. 2493, FORAGE IMPROVEMENT er, I ask unanimous consent that for ACT OF 1997 My wife is a citizen of Taiwan, an alien with conditional permanent residency in this today, all Members be permitted to ex- Mr. HASTINGS of Washington, from country (in 1995 your office was instrumental tend their remarks and to include ex- the Committee on Rules, submitted a in getting the Immigration and Naturaliza- traneous material in that section of October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9611

the RECORD entitled ‘‘Extensions of Re- ting the report on evaluating DOD’s certifi- Rules to Establish Rules and Policies Per- marks.’’ cation regarding expansion of the CHAMPUS taining to the Second Processing Round of The SPEAKER pro tempore. Is there Reform Initiative for the states of Virginia the Non-Voice, Non-Geostationary Mobile objection to the request of the gen- (exclusive of the National Capital Area), Satellite Service [IB Docket No. 96–220] re- North Carolina, Illinois, Indiana, Kentucky, ceived October 27, 1997, pursuant to 5 U.S.C. tleman from California? Michigan, Ohio, West Virginia, Wisconsin, 801(a)(1)(A); to the Committee on Commerce. There was no objection. the Fort Campbell Catchment Area of Ten- 5616. A letter from the Chairman, Securi- f nessee, and the Scott Air Force Base ties and Exchange Commission, transmitting Catchment Area in Missouri, pursuant to a report on the privatization of EDGAR, pur- ADJOURNMENT Public Law 102–484, section 712(c) (106 Stat. suant to Public Law 104–290, section 107(b) Mr. FAZIO of California. Mr. Speak- 2435); to the Committee on National Secu- (110 Stat. 3425); to the Committee on Com- er, it is with great regret that I move rity. merce. 5617. A letter from the Acting Director, De- that the House do now adjourn in mem- 5606. A letter from the Assistant Secretary for Legislative Affairs, Department of State, fense Security Assistance Agency, transmit- ory of the late Honorable WALTER H. transmitting a copy of Presidential Deter- ting notification concerning the Department CAPPS, our dear departed colleague. mination No. 97–36, reporting that it is in the of the Air Force’s proposed Letter(s) of Offer The motion was agreed to; accord- national interest for the Export-Import and Acceptance (LOA) to the Netherlands for ingly (at 9 o’clock and 12 minutes Bank to make a loan of approximately $60 defense articles and services (Transmittal p.m.), the House adjourned until to- million to the People’s Republic of China, No. 98–04), pursuant to 22 U.S.C. 2776(b); to morrow, Wednesday, October 29, 1997, pursuant to 12 U.S.C. 635(b)(2)(D)(iv); to the the Committee on International Relations. Committee on Banking and Financial Serv- 5618. A letter from the Assistant Secretary at 10 a.m., in memory of the late Hon- for Legislative Affairs, Department of State, orable WALTER H. CAPPS of California. ices. 5607. A letter from the Assistant Secretary transmitting notification of a proposed man- f for Legislative Affairs, Department of State, ufacturing license agreement for production transmitting the determination on export- of major military equipment with the United EXECUTIVE COMMUNICATIONS, Kingdom (Transmittal No. DTC–110–97), pur- ETC. import bank support for the sale to the Com- monwealth of The Bahamas of defense arti- suant to 22 U.S.C. 2776(d); to the Committee on International Relations. Under clause 2 of rule XXIV, execu- cles or services to be used primarily for 5619. A letter from the Assistant Secretary counter-narcotics purposes; to the Commit- tive communications were taken from for Legislative Affairs, Department of State, the Speaker’s table and referred as fol- tee on Banking and Financial Services. transmitting certification of a proposed li- 5608. A letter from the Director, Office of lows: cense for the export of defense articles or de- Management and Budget, transmitting 5599. A letter from the Administrator, Ag- fense services sold commercially to Romania OMB’s estimate of the amount of change in ricultural Marketing Service, transmitting (Transmittal No. DTC–104–97), pursuant to 22 outlays or receipts, as the case may be, in the Service’s final rule—Tart Cherries Grown U.S.C. 2776(c); to the Committee on Inter- each fiscal year through fiscal year 2002 re- in the States of Michigan, New York, Penn- national Relations. sulting from passage of S. 871, pursuant to sylvania, Oregon, Utah, Washington, and 5620. A letter from the Assistant Secretary Public Law 101–508, section 13101(a) (104 Stat. Wisconsin; Assessment Rate and Establish- for Legislative Affairs, Department of State, 1388–582); to the Committee on the Budget. ment of Late Payment and Interest Charges transmitting certification of a proposed li- 5609. A letter from the Director, Office of cense for the export of defense articles or de- on Delinquent Assessments [Docket No. Management and Budget, transmitting a re- FV97–930–1 IFR] received October 27, 1997, fense services sold commercially to Japan port on appropriations legislation as re- (Transmittal No. DTC–121–97), pursuant to 22 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- quired by the Balanced Budget and Emer- mittee on Agriculture. U.S.C. 2776(c); to the Committee on Inter- gency Deficit Control Act of 1985 (Section national Relations. 5600. A letter from the Manager, Federal 251(a)(7)), as amended by the Budget Enforce- Crop Insurance Corporation, Department of 5621. A letter from the Assistant Secretary ment Act of 1997; to the Committee on the for Legislative Affairs, Department of State, Agriculture, transmitting the Department’s Budget. final rule—Prune Crop Insurance Regula- transmitting certification of a proposed li- 5610. A letter from the Assistant Secretary cense for the export of defense articles or de- tions; and Common Crop Insurance Regula- for Employment Standards, Department of tions, Prune Crop Insurance Provisions [7 fense services sold commercially to Canada Labor, transmitting the Department’s final (Transmittal No. DTC–103–97), pursuant to 22 CFR Parts 450 and 457] received October 23, rule—Industries in American Samoa; Wage U.S.C. 2776(c); to the Committee on Inter- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Order [29 CFR Part 697] received October 10, national Relations. Committee on Agriculture. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5622. A letter from the Assistant Secretary 5601. A letter from the Manager, Federal Committee on Education and the Workforce. for Legislative Affairs, Department of State, Crop Insurance Corporation, Department of 5611. A letter from the Administrator, En- transmitting certification of a proposed li- Agriculture, transmitting the Department’s vironmental Protection Agency, transmit- cense for the export of defense articles or de- final rule—General Crop Insurance Regula- ting the report on the Benefits and Costs of fense services sold commercially to the Unit- tions, Canning and Processing Bean Endorse- the Clean Air Act, 1970 to 1990, pursuant to ed Kingdom (Transmittal No. DTC–93–97), ment; and Common Crop Insurance Regula- Public Law 101–549, section 812(b) (104 Stat. pursuant to 22 U.S.C. 2776(c); to the Commit- tions, Processing Bean Crop Insurance Provi- 2693); to the Committee on Commerce. tee on International Relations. sions [7 CFR Parts 401 and 457] received Octo- 5612. A letter from the Director, Office of 5623. A letter from the Assistant Secretary ber 23, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); Rulemaking Coordination, Department of for Legislative Affairs, Department of State, to the Committee on Agriculture. Defense, transmitting the Department’s final transmitting certification of a proposed li- 5602. A communication from the President rule—Energy Conservation Program for cense for the export of defense articles or de- of the United States, transmitting a letter Consumer Products: Test Procedure for fense services sold commercially to Singa- recommending the designation of the $5 mil- Kitchen Ranges, Cooktops, Ovens, and pore (Transmittal No. DTC–107–97), pursuant lion to initiate construction of an emergency Microwave Ovens [Docket No. EE-RM–94–230] to 22 U.S.C. 2776(c); to the Committee on outlet for Devils Lake, North Dakota as an (RIN: 1904–AA–52) received October 27, 1997, International Relations. emergency funding requirement in accord- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5624. A letter from the Assistant Secretary ance with section 251(b)(2)(D)(i) of the Bal- mittee on Commerce. for Legislative Affairs, Department of State, anced Budget and Emergency Deficit Control 5613. A letter from the Chairman, Federal transmitting certification of a proposed li- Act of 1985, as amended, pursuant to 31 Communications Commission, transmitting cense for the export of defense articles or de- U.S.C. 1107 (H. Doc. No. 105–160); to the Com- a report on Spectrum Auctions, pursuant to fense services sold commercially to the Re- mittee on Appropriations and ordered to be section 309(j)(12) of the Communications Act; public of Korea (Transmittal No. DTC–71–97), printed. to the Committee on Commerce. pursuant to 22 U.S.C. 2776(c); to the Commit- 5603. A letter from the Acting Under Sec- 5614. A letter from the AMD—Performance tee on International Relations. retary (Comptroller), Department of De- Evaluation and Records Management, Fed- 5625. A communication from the President fense, transmitting a report of a violation of eral Communications Commission, transmit- of the United States, transmitting notifica- the Anti-Deficiency Act by the Department ting the Commission’s final rule—Adminis- tion that the emergency declared with re- of the Air Force, pursuant to 31 U.S.C. tration of the North American Numbering spect to significant narcotics traffickers cen- 1517(b); to the Committee on Appropriations. Plan, Carrier Identification Codes (CICs) [CC tered in Colombia is to continue in effect for 5604. A letter from the Acting Under Sec- Docket No. 92–237] received October 28, 1997, one year beyond October 21, 1997—received in retary (Comptroller), Department of De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the U.S. House of Representatives October fense, transmitting a report of a violation of mittee on Commerce. 17, 1997, pursuant to 50 U.S.C. 1622(d); to the the Anti-Deficiency Act by the Department 5615. A letter from the AMD—Performance Committee on International Relations. of the Army, pursuant to 31 U.S.C. 1517(b); to Evaluation and Records Management, Fed- 5626. A letter from the Assistant Secretary the Committee on Appropriations. eral Communications Commission, transmit- for Legislative Affairs, Department of State, 5605. A letter from the Acting Assistant ting the Commission’s ‘‘Major’’ final rule— transmitting notification that effective Oc- Secretary, Department of Defense, transmit- Amendment of Part 25 of the Commission’s tober 12, 1997, the danger pay rate for H9612 CONGRESSIONAL RECORD — HOUSE October 28, 1997 Tajikistan was designated at the 15% level, pursuant to 5 U.S.C. app. (Insp. Gen. Act) the Department’s final rule—Airworthiness pursuant to 5 U.S.C. 5928; to the Committee section 5(b); to the Committee on Govern- Directives, Raytheon Model DH.125–400A; on International Relations. ment Reform and Oversight. BH.125–400A and –600A; HS.125–600A and 5627. A letter from the Inspector General, 5639. A letter from the Acting Director, Of- –700A; BAe 125–800A Series Airplanes; and Department of Commerce, transmitting a re- fice of Sustainable Fisheries, National Oce- Hawker 800 and Hawker 800 XP Series Air- port entitled ‘‘Export Application Screening anic and Atmospheric Administration, trans- planes Including Military Variants (Federal Process Could Benefit From Further mitting the Administration’s final rule— Aviation Administration) [Docket No. 96– Changes,’’ pursuant to Public Law 104–106, Fisheries of the Northeastern United States; NM–274–AD; Amdt. 39–10158; AD 97–21–05] section 1324(a) (110 Stat. 480); to the Commit- Summer Flounder Fishery; Commercial (RIN: 2120–AA64) received October 24, 1997, tee on International Relations. Quota Harvested for New York [Docket No. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5628. A letter from the Chairman, Council 961210346–7035–02; I.D. 102097C] received Octo- mittee on Transportation and Infrastruc- of the District of Columbia, transmitting a ber 27, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); ture. copy of D.C. Act 12–172, ‘‘Public Assistance to the Committee on Resources. 5649. A letter from the General Counsel, Fair Hearing Procedures Amendment Act of 5640. A letter from the National Com- Department of Transportation, transmitting 1997’’ received October 23, 1997, pursuant to mander, American Ex-Prisoners of War, the Department’s final rule—Standard In- D.C. Code section 1–233(c)(1); to the Commit- transmitting a copy of the 1997 audit report strument Approach Procedures; Miscellane- tee on Government Reform and Oversight. as of August 31, 1997, pursuant to 36 U.S.C. ous Amendments (Federal Aviation Adminis- 5629. A letter from the Chairman, Council 1101(57) and 1103; to the Committee on the tration) [Docket No. 28968; Amdt. No. 1808] of the District of Columbia, transmitting a Judiciary. (RIN: 2120–AA65) received October 24, 1997, copy of D.C. Act 12–171, ‘‘Paternity Acknowl- 5641. A letter from the Chairman, United pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- edgment Amendment Act of 1997’’ received States Sentencing Commission, transmitting mittee on Transportation and Infrastruc- October 23, 1997, pursuant to D.C. Code sec- the 1996 annual report of the activities of the ture. tion 1–233(c)(1); to the Committee on Govern- Commission, pursuant to 28 U.S.C. 997; to the 5650. A letter from the General Counsel, ment Reform and Oversight. Committee on the Judiciary. Department of Transportation, transmitting 5642. A letter from the General Counsel, 5630. A letter from the Chairman, Council the Department’s final rule—Standard In- Department of Transportation, transmitting of the District of Columbia, transmitting a strument Approach Procedures; Miscellane- the Department’s final rule—Airworthiness copy of D.C. Act 12–170, ‘‘Supplemental Secu- ous Amendments (Federal Aviation Adminis- Directives; Construcciones Aeronauticas, rity Income Payment Amendment Act of tration) [Docket No. 29006; Amdt. No. 1818] S.A. (CASA) Model CN–235 Series Airplanes 1997’’ received October 23, 1997, pursuant to (RIN: 2120–AA65) received October 24, 1997, (Federal Aviation Administration) [Docket D.C. Code section 1–233(c)(1); to the Commit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- No. 96–NM–126–AD; Amdt. 39–10165; AD 97–21– tee on Government Reform and Oversight. mittee on Transportation and Infrastruc- 12] (RIN: 2120–AA64) received October 24, 1997, 5631. A letter from the Chairman, Council ture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of the District of Columbia, transmitting a 5651. A letter from the General Counsel, mittee on Transportation and Infrastruc- copy of D.C. Act 12–169, ‘‘Nuisance Repairs Department of Transportation, transmitting ture. Amendment Act of 1997’’ received October 23, 5643. A letter from the General Counsel, the Department’s final rule—Standard In- 1997, pursuant to D.C. Code section 1– Department of Transportation, transmitting strument Approach Procedures; Miscellane- 233(c)(1); to the Committee on Government the Department’s final rule—Airworthiness ous Amendments (Federal Aviation Adminis- Reform and Oversight. Directives; British Aerospace Model Avro tration) [Docket No. 29005; Amdt. No. 1817] 5632. A letter from the Chairman, Council 146–RJ Series Airplanes (Federal Aviation (RIN: 2120–AA65) received October 24, 1997, of the District of Columbia, transmitting a Administration) [Docket No. 97–NM–05–AD; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- copy of D.C. Act 12–168, ‘‘Child Abuse and Ne- Amdt. 39–10168; AD 97–21–15] (RIN: 2120–AA64) mittee on Transportation and Infrastruc- glect Prevention Children’s Trust Fund Tem- received October 24, 1997, pursuant to 5 ture. porary Amendment Act of 1997’’ received Oc- U.S.C. 801(a)(1)(A); to the Committee on 5652. A letter from the General Counsel, tober 23, 1997, pursuant to D.C. Code section Transportation and Infrastructure. Department of Transportation, transmitting 1–233(c)(1); to the Committee on Government 5644. A letter from the General Counsel, the Department’s final rule—Standard In- Reform and Oversight. Department of Transportation, transmitting strument Approach Procedures; Miscellane- 5633. A letter from the Chairman, Council the Department’s final rule—Airworthiness ous Amendments (Federal Aviation Adminis- of the District of Columbia, transmitting a Directives; Construcciones Aeronauticas, tration) [Docket No. 29037; Amdt. No. 1828] copy of D.C. Act 12–164, ‘‘Small Purchase Au- S.A. (CASA) Model C–212 Series Airplanes (RIN: 2120–AA65) received October 24, 1997, thority Amendment Act of 1997’’ received Oc- (Federal Aviation Administration) [Docket pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tober 23, 1997, pursuant to D.C. Code section No. 96–NM–120–AD; Amdt. 39–10167; AD 97–21– mittee on Transportation and Infrastruc- 1–233(c)(1); to the Committee on Government 14] (RIN: 2120–AA64) received October 24, 1997, ture. Reform and Oversight. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5653. A letter from the General Counsel, 5634. A letter from the Chairman, Council mittee on Transportation and Infrastruc- Department of Transportation, transmitting of the District of Columbia, transmitting a ture. the Department’s final rule—Standard In- copy of D.C. Act 12–163, ‘‘Fleet Traffic Adju- 5645. A letter from the General Counsel, strument Approach Procedures; Miscellane- dication Temporary Amendment Act of 1997’’ Department of Transportation, transmitting ous Amendments (Federal Aviation Adminis- received October 23, 1997, pursuant to D.C. the Department’s final rule—Airworthiness tration) [Docket No. 29007; Amdt. No. 1819] Code section 1–233(c)(1); to the Committee on Directives; Lockheed Model 382 Series Air- (RIN: 2120–AA65) received October 24, 1997, Government Reform and Oversight. planes (Federal Aviation Administration) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5635. A letter from the Acting Comptroller [Docket No. 97–NM–08–AD; Amdt. 39–10166; mittee on Transportation and Infrastruc- General, General Accounting Office, trans- AD 97–21–13] (RIN: 2120–AA64) received Octo- ture. mitting a list of all reports issued or released ber 24, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); 5654. A letter from the General Counsel, in September 1997, pursuant to 31 U.S.C. to the Committee on Transportation and In- Department of Transportation, transmitting 719(h); to the Committee on Government Re- frastructure. the Department’s final rule—Standard In- form and Oversight. 5646. A letter from the General Counsel, strument Approach Procedures; Miscellane- 5636. A letter from the Acting Director, Of- Department of Transportation, transmitting ous Amendments (Federal Aviation Adminis- fice of Personnel Management, transmitting the Department’s final rule—Airworthiness tration) [Docket No. 28969; Amdt. No. 1809] the annual report of the Civil Service Retire- Directives; General Electric Company CT58 (RIN: 2120–AA65) received October 24, 1997, ment and Disability Fund for Fiscal Year Series Turboshaft Engines (Federal Aviation pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1996, pursuant to 5 U.S.C. 1308(a); to the Com- Administration) [Docket No. 97–ANE–18–AD; mittee on Transportation and Infrastruc- mittee on Government Reform and Over- Amdt. 39–10161; AD 97–21–08] (RIN: 2120–AA64) ture. sight. received October 24, 1997, pursuant to 5 5655. A letter from the General Counsel, 5637. A letter from the Executive Director, U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting United States Arctic Research Commission, Transportation and Infrastructure. the Department’s final rule—Standard In- transmitting the strategic plan for the pe- 5647. A letter from the General Counsel, strument Approach Procedures; Miscellane- riod from FY 1998 through 2003 and beyond, Department of Transportation, transmitting ous Amendments (Federal Aviation Adminis- pursuant to Public Law 103–62; to the Com- the Department’s final rule—Airworthiness tration) [Docket No. 29035; Amdt. No. 1826] mittee on Government Reform and Over- Directives; Contrucciones Aeronauticas, S.A. (RIN: 2120–AA65) received October 24, 1997, sight. (CASA) Model CN–235 Series Airplanes (Fed- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5638. A letter from the Chairman, United eral Aviation Administration) [Docket No. mittee on Transportation and Infrastruc- States Commission for the Preservation of 96–NM–137–AD; Amdt. 39–10159; AD 97–21–06] ture. America’s Heritage Abroad, transmitting the (RIN: 2120–AA64) received October 24, 1997, 5656. A letter from the General Counsel, consolidated report for FY 1997 covering both pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Transportation, transmitting the annual report on audit and investigative mittee on Transportation and Infrastruc- the Department’s final rule—Low-Stress coverage required by the Inspector General ture. Hazardous Liquid Pipelines Serving Plants Act of 1978, as amended, and the Federal 5648. A letter from the General Counsel, and Terminals (Research and Special Pro- Managers’ Financial Integrity Act report, Department of Transportation, transmitting grams Administration) [Docket No. PS–117; October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9613 Amdt. 195–57A] (RIN: 2137–AC87) received Oc- 5666. A letter from the General Counsel, Education, States, and local education agen- tober 9, 1997, pursuant to 5 U.S.C. Department of Transportation, transmitting cies should spend a greater percentage of 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule—Revocation of Federal education tax dollars in our chil- tation and Infrastructure. Class D Airspace; Anchorage, Bryant AHP, dren’s classrooms; with an amendment 5657. A letter from the General Counsel, AK, and Adak, AK; Revision of Class E Air- (Rept. 105–349). Referred to the House Cal- Department of Transportation, transmitting space; Adak, AK (Federal Aviation Adminis- endar. the Department’s final rule—Air Tour Opera- tration) [Airspace Docket No. 97–AAL–9] Mr. GOSS: Committee of Conference. Con- tors in the State of Hawaii (Federal Aviation (RIN: 2120–AA66) received October 27, 1997, ference report on S. 858. An act to authorize Administration) [Docket No. 27919; Special pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- appropriations for fiscal year 1998 for intel- Federal Aviation Regulation (SFAR) No. 71] mittee on Transportation and Infrastruc- ligence and intelligence-related activities of (RIN: 2120–AG44) received October 27, 1997, ture. the United States Government, the Commu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5667. A letter from the General Counsel, nity Management Account, and the Central mittee on Transportation and Infrastruc- Department of Transportation, transmitting Intelligence Agency Retirement and Disabil- ture. the Department’s final rule—Regulated ity System, and for other purposes (Rept. 5658. A letter from the General Counsel, Navigation Area Regulations; Mississippi 105–350). Order to be printed. Department of Transportation, transmitting River, LA (Coast Guard) [CCGD08–97–020] Mr. YOUNG of Alaska: Committee on Re- the Department’s final rule—Amendment of (RIN: 2115–AE84) received October 27, 1997, sources. H.R. 948. A bill to reaffirm and clar- Class E Airspace; Alamosa, CO (Federal pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ify the Federal relationship of the Burt Lake Aviation Administration) [Airspace Docket mittee on Transportation and Infrastruc- Band as a distinct federally recognized In- No. 97–ANM–02] (RIN: 2120–AA66) received ture. dian Tribe, and for other purposes (Rept. 105– October 27, 1997, pursuant to 5 U.S.C. 5668. A letter from the General Counsel, 351). Referred to the Committee of the Whole 801(a)(1)(A); to the Committee on Transpor- House on the State of the Union. Department of Transportation, transmitting tation and Infrastructure. Mr. YOUNG of Alaska: Committee on Re- the Department’s final rule—Delaware River 5659. A letter from the General Counsel, sources. H.R. 1604. A bill to provide for the Department of Transportation, transmitting Safety Zone and Anchorage Regulations division, use and distribution of judgment the Department’s final rule—Amendment of (Coast Guard) [CGD 05–97–076] (RIN: 2115– funds of the Ottawa and Chippewa Indians of Class E Airspace; Flagstaff, AZ (Federal AA98) received October 27, 1997, pursuant to Michigan pursuant to dockets numbered 18– Aviation Administration) [Airspace Docket 5 U.S.C. 801(a)(1)(A); to the Committee on E, 58, 364, and 18–R before the Indians Claims No. 97–AWP–23] (RIN: 2120–AA66) received Oc- Transportation and Infrastructure. Commission: with an amendment (Rept. 105– tober 27, 1997, pursuant to 5 U.S.C. 5669. A letter from the Director, Office of 352). Referred to the Committee of the Whole 801(a)(1)(A); to the Committee on Transpor- Regulations Management, Department of House on the State of the Union. tation and Infrastructure. Veterans Affairs, transmitting the Depart- Mr. YOUNG of Alaska: Committee on Re- 5660. A letter from the General Counsel, ment’s final rule—Veterans Education: In- sources. H.R. 2402. A bill to make technical Department of Transportation, transmitting crease in Rates Payable Under the Montgom- and clarifying amendments to improve man- the Department’s final rule—Revision of ery GI Bill—Active Duty (RIN: 2900–AI90) re- agement of water-related facilities in the Class E Airspace; Ketchikan, AK (Federal ceived October 27, 1997, pursuant to 5 U.S.C. Western United States; with an amendment Aviation Administration) [Airspace Docket 801(a)(1)(A); to the Committee on Veterans’ (Rept. 105–353). Referred to the Committee of No. 97–AAL–8] (RIN: 2120–AA66) received Oc- Affairs. the Whole House on the State of the Union. tober 27, 1997, pursuant to 5 U.S.C. 5670. A letter from the Executive Sec- Mr. HASTINGS of Washington: Committee 801(a)(1)(A); to the Committee on Transpor- retary, Foreign-Trade Zones Board, Depart- on Rules. House Resolution 283. Resolution tation and Infrastructure. ment of Commerce, transmitting the Depart- providing for consideration of the bill (H.R. 5661. A letter from the General Counsel, ment’s final rule—Technical Amendments to 1270) to amend the Nuclear Waste Policy Act Department of Transportation, transmitting Regulations of the Foreign-Trade Zones of 1982 (Rept. 105–354). Referred to the House the Department’s final rule—Amendment to Board [Docket No. 97092934–7234–7234–01] Calendar. Class E Airspace, Lee’s Summit, MO (Fed- (RIN: 0625–AA49) received October 10, 1997, Mr. MCINNIS: Committee on Rules. House eral Aviation Administration) [Docket No. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Resolution 284. Resolution providing for con- 97–ACE–11] (RIN: 2120–AA66) received October mittee on Ways and Means. sideration of the bill (H.R. 2493) to establish 27, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to 5671. A letter from the Chief, Regulations a mechanism by which the Secretary of Agri- the Committee on Transportation and Infra- Unit, Internal Revenue Service, transmitting culture and the Secretary of the Interior can structure. the Service’s final rule—Weighted Average provide for uniform management of live- 5662. A letter from the General Counsel, Interest Rate Update [Notice 97–56] received stock grazing on Federal lands (Rept. 105– Department of Transportation, transmitting October 28, 1997, pursuant to 5 U.S.C. 355). Referred to the House Calendar. the Department’s final rule—Establishment 801(a)(1)(A); to the Committee on Ways and f of Class E Airspace; Huslia, AK (Federal Means. Aviation Administration) [Airspace Docket 5672. A letter from the Chief, Regulations PUBLIC BILLS AND RESOLUTIONS No. 97–AAL–7] (RIN: 2120–AA66) received Oc- Unit, Internal Revenue Service, transmitting Under clause 5 of Rule X and clause 4 tober 27, 1997, pursuant to 5 U.S.C. the Service’s final rule—Capital Gains Rates of Rule XXII, public bills and resolu- 801(a)(1)(A); to the Committee on Transpor- [Notice 97–59] received October 28, 1997, pur- tation and Infrastructure. tions were introduced and severally re- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- ferred, as follows: 5663. A letter from the General Counsel, tee on Ways and Means. Department of Transportation, transmitting 5673. A letter from the Chief, Regulations By Mr. RIGGS (for himself, Mr. WATTS the Department’s final rule—Airworthiness Unit, Internal Revenue Service, transmitting of Oklahoma, Mr. FLAKE, Mr. TAL- Directives; Pilatus Britten-Norman Ltd. the Service’s final rule—Education Tax In- ENT, Mr. GINGRICH, Mr. ARMEY, Mr. Models BN–2, BN–2A, BN–2B, BN–2T, and BN– centives [Notice 97–60] received October 28, DELAY, Mr. BOEHNER, Ms. DUNN of 2A MK. 111 Series Airplanes (Federal Avia- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Washington, Ms. PRYCE of Ohio, Mr. tion Administration) [Docket No. 84–CE–18– Committee on Ways and Means. SOLOMON, and Mr. HOEKSTRA): AD; Amdt. 39–10172; AD 84–23–06 R1] (RIN: 5674. A letter from the Mayor, District of H.R. 2746. A bill to amend title VI of the 2120–AA64) received October 27, 1997, pursu- Elementary and Secondary Education Act of Columbia, transmitting the comprehensive ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1965 to give parents with low-incomes the op- annual financial report of the District of Co- on Transportation and Infrastructure. portunity to choose the appropriate school lumbia, including a report of the revenues of 5664. A letter from the General Counsel, for their children; to the Committee on Edu- the District of Columbia for the fiscal year Department of Transportation, transmitting cation and the Workforce. ended September 30, 1996, pursuant to Public the Department’s final rule—Standard In- By Mr. CANADY of Florida: strument Approach Procedures; Miscellane- Law 102–102, section 2(b) (105 Stat. 495); joint- H.R. 2747. A bill to provide for limited cir- ous Amendments (Federal Aviation Adminis- ly to the Committees on Government Reform cumstances under which compliance with a tration) [Docket No. 29036; Amdt. No. 1827] and Oversight and Appropriations. subpoena issued in connection with certain (RIN: 2120–AA65) received October 27, 1997, f civil actions in a court of the United States pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- shall not be required; to the Committee on mittee on Transportation and Infrastruc- REPORTS OF COMMITTEES ON the Judiciary. ture. PUBLIC BILLS AND RESOLUTIONS By Mr. DUNCAN (for himself, Mr. 5665. A letter from the General Counsel, Under clause 2 of rule XIII, reports of BLUNT, Mr. FOX of Pennsylvania, Mr. Department of Transportation, transmitting committees were delivered to the Clerk EWING, Mr. COOK, Mr. WALSH, Mr. the Department’s final rule—Amendment to QUINN, and Mr. MCGOVERN): Class E Airspace; Topeka, Philip Billard Mu- for printing and reference to the proper H.R. 2748. A bill to amend title 49, United nicipal Airport, KS (Federal Aviation Ad- calendar, as follows: States Code, to provide assistance and slots ministration) [Docket No. 97–ACE–12] (RIN: Mr. GOODLING: Committee on Education with respect to air carrier service between 2120–AA66) received October 27, 1997, pursu- and the Workforce. House Resolution 139. high density airports and airports not receiv- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Resolution expressing the sense of the House ing sufficient air service, to improve jet air- on Transportation and Infrastructure. of Representatives that the Department of craft service to underserved markets, and for H9614 CONGRESSIONAL RECORD — HOUSE October 28, 1997

other purposes; to the Committee on Trans- transfer of Hong Kong to the People’s Repub- H.R. 306: Mr. FORD, Mr. KIND of Wisconsin, portation and Infrastructure. lic of China not alter the current or future and Mr. ORTIZ. By Mr. KENNEDY of Massachusetts status of the Republic of China on Taiwan; H.R. 349: Mr. PAUL. (for himself and Mr. MEEHAN): to the Committee on International Rela- H.R. 367: Mr. BARR of Georgia. H.R. 2749. A bill to establish doctoral fel- tions. H.R. 387: Mr. CAMPBELL. lowships designed to increase the pool of sci- By Mr. SMITH of New Jersey (for him- H.R. 502: Mr. CAMPBELL. entists and engineers trained specifically to self, Mr. HOYER, Mr. MARKEY, Mr. H.R. 536: Mr. JACKSON, Mr. CAMPBELL, and address the global energy and environmental CARDIN, and Mr. SALMON): Mr. PAPPAS. challenges of the 21st century; to the Com- H. Con. Res. 179. Concurrent resolution ex- H.R. 594: Mr. GUTIERREZ, Mr. SAXTON, and mittee on Science. pressing the sense of Congress with respect Mr. MCGOVERN. By Mr. BARCIA of Michigan (for him- to the human rights situation in the Repub- H.R. 619: Ms. DELAURO, Mr. MALONEY of self and Mr. DOOLEY of California): lic of Turkey in light of that country’s desire Connecticut, Ms. ESHOO, Mr. ANDREWS, and H.R. 2750. A bill to amend the Comprehen- to host the next summit meeting of the Mr. DICKS. sive Environmental Response, Compensa- heads of state or government of the Organi- H.R. 692: Mr. MURTHA. tion, and Liability Act of 1980; to the Com- zation for Security and Cooperation in Eu- H.R. 715: Mr. ETHERIDGE and Mr. BARRETT mittee on Commerce, and in addition to the rope (OSCE); to the Committee on Inter- of Wisconsin. Committee on Transportation and Infra- national Relations. H.R. 718: Ms. ROS-LEHTINEN. H.R. 738: Mr. KING of New York. structure, for a period to be subsequently de- By Mr. GILMAN (for himself, Mr. BE- H.R. 777: Mr. DAVIS of Florida. termined by the Speaker, in each case for REUTER, Mr. HAMILTON, Mr. H.R. 816: Mr. BILIRAKIS. consideration of such provisions as fall with- FALEOMAVAEGA, and Mr. BERMAN): H.R. 832: Ms. RIVERS. in the jurisdiction of the committee con- H. Res. 282. A resolution congratulating H.R. 853: Mr. CHAMBLISS. cerned. the Association of South East Asian Nations H.R. 979: Mr. SISISKY, Mr. GOODE, Mr. BOU- By Mr. KIM (for himself and Mr. TRAFI- (ASEAN) on the occasion of its 30th Anniver- CHER, and Mr. LEVIN. CANT): sary; to the Committee on International Re- H.R. 981: Mr. WEYGAND, Mr. ABERCROMBIE, H.R. 2751. A bill to amend the Public Build- lations. Mr. DEFAZIO, Mr. HASTINGS of Florida, and ings Act of 1959 to improve the management By Mr. MANTON (for himself and Mr. Mr. ALLEN. and operations of the General Services Ad- TRAFICANT): H.R. 983: Mr. SCOTT, Mr. KUCINICH, and Mrs. ministration; to the Committee on Transpor- H. Res. 285. A resolution requiring the MCCARTHY of New York. tation and Infrastructure. Chief Administrative Officer of the House of H.R. 1018: Mr. MCGOVERN. By Mr. LEWIS of California: Representatives to meet the requirements H.R. 1059: Mr. DAN SCHAEFER of Colorado, H.R. 2752. A bill to present a gold medal to applicable to the head of a department or Mr. PETRI, Mr. GOODLING, Mr. BLILEY, and Len ‘‘Roy Rogers’’ Slye and Octavia ‘‘Dale independent establishment under the Buy Mr. SPENCE. Evans’’ SMITH; to the Committee on Banking American Act in acquiring articles, mate- H.R. 1061: Mr. OLVER, Mr. HAYWORTH, and and Financial Services. rials, and supplies for the House of Rep- Ms. WOOLSEY. By Ms. NORTON: resentatives; to the Committee on House H.R. 1070: Ms. ESHOO, Mr. NADLER, Mr. H.R. 2753. A bill to amend the charter of Oversight. EVANS, Mr. SAXTON, Mr. STUPAK, and Ms. Southeastern University of the District of f WOOLSEY. Columbia; to the Committee on Government H.R. 1104: Mr. EVANS. Reform and Oversight. MEMORIALS H.R. 1114: Mr. BURR of North Carolina. By Mr. STARK (for himself, Mr. WAX- Under clause 4 of rule XXII, memori- H.R. 1126: Mr. MATSUI and Mr. MANTON. MAN, Mr. BROWN of Ohio, Mr. LEWIS of H.R. 1134: Mr. CHAMBLISS. Georgia, Mr. MATSUI, Mr. als were presented and referred as fol- H.R. 1147: Mr. SOUDER. MCDERMOTT, Mr. MANTON, Mr. DEL- lows: H.R. 1234: Ms. KILPATRICK. LUMS, Mr. FROST, Mr. MARTINEZ, Mr. 215. The SPEAKER presented a memorial H.R. 1373: Mr. OLVER. LANTOS, Mr. NADLER, Ms. SLAUGHTER, of the House of Representatives of the Com- H.R. 1376: Mr. VENTO and Mr. WEXLER. Ms. EDDIE BERNICE JOHNSON of Texas, monwealth of The Mariana Islands, relative H.R. 1428: Mr. EHRLICH. Mr. THOMPSON, Ms. WOOLSEY, Mr. to House Resolution No. 10–161 requesting H.R. 1492: Mr. BILIRAKIS. GUTIERREZ, Mr. FATTAH, Mr. KEN- that a public hearing be held in the Com- H.R. 1555: Ms. FURSE. NEDY of Rhode Island, Mrs. MCCAR- monwealth on any bill affecting CNMI local H.R. 1591: Mr. HEFLEY and Mr. SMITH of THY of New York, Mr. SANDLIN, Ms. self-government as granted by the Covenant; Michigan. KILPATRICK, and Mr. LOBIONDO): to the Committee on Resources. H.R. 1705: Mr. EHRLICH. H.R. 2754. A bill to amend title XVIII of the 216. Also,a memorial of the Legislature of H.R. 1737: Mr. BECERRA and Mr. BAKER. Social Security Act and title 38, United the Territory of Guam, relative to Resolu- H.R. 1749: Mr. PALLONE. States Code, to require hospitals to use only tion No. 162 endorsing the passage of H.R. H.R. 1766: Mr. SCARBOROUGH, Mr. EHRLICH, hollow-bore needle devices that minimize the 2200, the Guam War Restitution Act, intro- Mr. STUPAK, Mr. ENSIGN, Ms. DANNER, Mr. risk of needlestick injury to health care duced by Congressman Robert A. Underwood MATSUI, Mr. JOHN, Mr. SHAW, and Mr. TAN- workers; to the Committee on Ways and in the 105th Congress, granting restitution NER. Means, and in addition to the Committees on for the people of Guam who endured the H.R. 1776: Mr. RAMSTAD. Veterans’ Affairs, and Commerce, for a pe- atrocities of the Japanese occupation of H.R. 1782: Mr. NADLER. riod to be subsequently determined by the Guam in World War II; to the Committee on H.R. 1797: Mr. GIBBONS and Mr. SHADEGG. Speaker, in each case for consideration of Resources. H.R. 1870: Mr. MCGOVERN. such provisions as fall within the jurisdic- f H.R. 1873: Ms. SANCHEZ and Mr. OLVER. tion of the committee concerned. H.R. 1874: Mr. BERMAN. By Mr. STUPAK (for himself and Mr. ADDITIONAL SPONSORS H.R. 1904: Mr. THOMPSON. RAMSTAD): Under clause 4 of rule XXII, sponsors H.R. 1909: Mr. JENKINS. H.R. 2755. A bill to provide financial assist- H.R. 1987: Mr. FRANK of Massachusetts, Mr. were added to public bills and resolu- ance for higher education to the dependents MORAN of Virginia, Mr. DEFAZIO, Mr. TOWNS, of Federal, State, and local public safety of- tions as follows: and Mr. CLEMENT. ficers who are killed or permanently and to- H.R. 59: Mr. SNOWBARGER and Mr. LIVING- H.R. 2009: Ms. DEGETTE, Mr. TOWNS, Ms. tally disabled as the result of a traumatic in- STON. EDDIE BERNICE JOHNSON of Texas, Mr. GRA- jury sustained in the line of duty; to the H.R. 74: Mr. STARK, Mr. CLAY, Mr. MANTON, HAM, Mr. EHLERS, Mr. GALLEGLY, Mr. RILEY, Committee on the Judiciary. Mr. LANTOS, Mr. OLVER, Ms. WOOLSEY, Ms. and Mr. FILNER. By Mr. YOUNG of Alaska: RIVERS, Ms. KILPATRICK, and Ms. ROYBAL-AL- H.R. 2023: Mrs. LOWEY, Ms. CARSON, and Ms. H.R. 2756. A bill to authorize an exchange LARD MCKINNEY. of property between the Kake Tribal Cor- H.R. 76: Mr. HORN, Mr. RODRIGUEZ, Mr. H.R. 2029: Mr. CALVERT. poration and the Sealaska Corporation and FAZIO of California, Mr. BOEHLERT, Mr. H.R. 2038: Mr. GRAHAM, Mr. HOEKSTRA, and the United States; to the Committee on Re- JONES, Mr. PETERSON of Minnesota, Ms. Mr. GOODLATTE. sources. STABENOW, and Mr. JOHN. H.R. 2050: Mr. PICKETT. By Mr. KING of New York (for himself, H.R. 164: Mr. GILMAN, Mr. MCHUGH, Mr. H.R. 2053: Mr. THOMPSON and Mr. VENTO. Mr. MANTON, Mr. GILMAN, Mr. NEAL MCDERMOTT, and Mr. THOMPSON. H.R. 2081: Mr. NETHERCUTT. of Massachusetts, and Mr. WALSH): H.R. 165: Mr. TURNER. H.R. 2163: Mr. ROYCE. H.J. Res. 98. A joint resolution to recognize H.R. 169: Mr. BILIRAKIS. H.R. 2191: Mr. GREENWOOD. Commodore John Barry as the first flag offi- H.R. 192: Mr. MCGOVERN. H.R. 2199: Mrs. MALONEY of New York, Ms. cer of the United States Navy; to the Com- H.R. 251: Mr. SANDERS, Mr. FOLEY, and Mr. LOFGREN, Mr. DELLUMS, Ms. SLAUGHTER, Ms. mittee on National Security. HUTCHINSON. WOOLSEY, Mr. DAVIS of Illinois, and Mr. WAX- By Mr. DEUTSCH: H.R. 286: Mr. FRANK of Massachusetts. MAN. H. Con. Res. 178. Concurrent resolution ex- H.R. 287: Mr. CAMPBELL and Mr. FRANK of H.R. 2221: Mr. BAKER, Mr. COOKSEY, Mr. pressing the sense of the Congress that the Massachusetts. LOBIONDO, and Mr. MCINTYRE. October 28, 1997 CONGRESSIONAL RECORD — HOUSE H9615

H.R. 2275: Mr. NADLER, Mrs. MORELLA, and H. Con. Res. 162: Mr. BURTON of Indiana, Page 27, strike lines 14 through 19 relating Ms. WOOLSEY. Mr. MORAN of Virginia, and Mr. WELDON of to the definition of base property. H.R. 2292: Mr. TALENT and Mr. SHAYS. Pennsylvania. Page 27, beginning on line 20, strike para- H.R. 2327: Mr. BARTON of Texas and Mrs. H. Con. Res. 170: Mr. BAKER and Mr. HAST- graph (4) and insert the following: CUBIN. INGS of Washington. (4) CONSULTATION, COOPERATION, AND CO- H.R. 2349: Mr. STARK, Mr. ROYCE, Mr. PACK- H. Res. 26: Mr. FAWELL, Ms. STABENOW, Ms. ORDINATION.—The term ‘‘consultation, co- ARD, and Mr. DREIER. KILPATRICK, and Mr. MCGOVERN. operation, and coordination’’ means to en- H.R. 2404: Mr. VENTO. H. Res. 139: Mr. WELLER and Mr. PAPPAS. gage in careful and considered good faith ef- H.R. 2421: Ms. FURSE, Mr. CONYERS, Ms. H. Res. 279: Mr. STARK, Mr. WAXMAN, Mr. forts with lessees, permittees and land own- WOOLSEY, and Mr. PAUL. WEYGAND, and Mr. ACKERMAN. ers involved, district grazing advisory H.R. 2422: Ms. WOOLSEY and Mr. RUSH. f boards, and the State or States having lands H.R. 2451: Mr. SHERMAN. within the affected area to— H.R. 2454: Mr. FRANK of Massachusetts and PETITIONS, ETC. (A) discuss and exchange views; Ms. JACKSON-LEE. (B) act together toward a common end or H.R. 2457: Mr. BARRETT of Wisconsin, Mr. Under clause 1 of rule XXII, petitions purpose; and FRANK of Massachusetts, Ms. JACKSON-LEE, and papers were laid on the clerk’s (C) document a mutual agreement. and Mr. CLEMENT. desk and referred as follows: Page 35, beginning on line 5, strike ‘‘an al- H.R. 2468: Ms. BROWN of Florida, Mr. MAR- 25. The SPEAKER presented a petition of lotment management plan’’ and insert ‘‘a co- TINEZ, and Mr. HINCHEY. the Butler Township Board of Commissioners operative allotment management plan pur- H.R. 2503: Mr. MANTON, Mr. THOMPSON and of Lyndora, Pennsylvania, relative to Reso- suant to subsection (a) and’’ Mr. CLEMENT. lution No. 97–16 expressing concerns regard- Page 35, beginning on line 24, strike sec- H.R. 2543: Mr. THOMPSON. ing personal wireless communication service tion 107 and insert the following new section: H.R. 2549: Mr. YATES. facilities; to the Committee on Commerce. SEC. 107. FEES AND CHARGES. H.R. 2568: Mr. WYNN, Mrs. MINK of Hawaii, f (a) GRAZING FEES CALCULATION.—The ad- Mrs. CHENOWETH, Mr. LIPINSKI, Mr. FATTAH, ministrative fee rate for each animal unit Mr. BARLETT of Maryland, Mr. SNOWBARGER, AMENDMENTS month in a grazing fee year shall be equal to and Mr. BLAGOJEVICH. Under clause 6 of rule XXIII, pro- the previous year private grazing land lease H.R. 2591: Mr. GUTIERREZ, Mr. JACKSON, Mr. rate for the sixteen contiguous western YATES, Mr. FOX of Pennsylvania, Mr. MCNUL- posed amendments were submitted as states as reported by the Economic Research TY, Mr. SAXTON, Mr. LAFALCE, Mrs. KELLY, follows: Service of the Department of Agriculture on Mr. BENTSEN, Mr. FROST, Mrs. MORELLA, and H.R. 2616 February 15 of the grazing fee year, divided Mr. MCGOVERN. OFFERED BY: MR. TRAFICANT by the 1997 base private grazing land lease H.R. 2599: Ms. JACKSON-LEE. rate (from the Economic Research Service AMENDMENT NO. 1: Page 10, after line 19, in- H.R. 2600: Mr. SAM JOHNSON, Mr. HILL, and report for 1996), times the 1996 base fee rate. sert the following: Mr. MCINTYRE. (b) BASE FEE RATE.—The base fee rate H.R. 2604: Mr. KIM, Mr. NEAL of Massachu- SEC. 6. COMPLIANCE WITH BUY AMERICAN ACT. shall be equal to the 12-year average of the setts, Mr. KLINK, Mr. MURTHA, Mr. HOLDEN, No funds appropriated pursuant to this Act total gross value of production for beef cat- Ms. KAPTUR, Mr. KANJORSKI, Mr. SHAW, and may be expended by an entity unless the en- tle for the years 1986 through 1997, multiplied Ms. JACKSON-LEE. tity agrees that in expending the assistance by the 10-year average of the United States H.R. 2609: Mr. CALVERT, Mr. DOOLITTLE, Mr. the entity will comply with sections 2 Treasury Securities six-month bill ‘‘new BONILLA, Mr. MCINTOSH, Mr. GOODE, Mr. through 4 of the Act of March 3, 1933 (41 issue’’ rate for the years 1988 through 1997, GILLMOR, and Mr. HALL of Texas. U.S.C. 10a–10c, popularly known as the ‘‘Buy divided by 12. H.R. 2625: Mr. SHADEGG, Mr. CALVERT, Mr. American Act’’). (c) ROLE OF ECONOMIC RESEARCH SERVICE.— RYUN, Mr. TALENT, Mr. GIBBONS, Mr. THUNE, SEC. 7. SENSE OF CONGRESS; REQUIREMENT RE- The Economic Research Service shall con- Mr. WICKER, Mr. MCKEON, and Mr. WELDON of GARDING NOTICE. tinue to compile and report the annual pri- Pennsylvania. (a) PURCHASE OF AMERICAN-MADE EQUIP- vate grazing land lease rate as currently H.R. 2626: Mr. DEFAZIO and Mr. HILL. MENT AND PRODUCTS.—In the case of any published in February of each year. Should H.R. 2627: Mr. MCHALE, Mr. HUTCHINSON, equipment or products that may be author- the Economic Research Service develop new and Mr. COMBEST. ized to be purchased with financial assist- methods for estimating the private grazing H.R. 2635: Mrs. MALONEY of New York, Mr. ance provided under this Act, it is the sense land lease rate which yield different results, GUTIERREZ, Mr. BLAGOJEVICH, Mr. OLVER, Mr. of the Congress that entities receiving such the base value used in this section shall be YATES, Ms. SANCHEZ, Ms. WOOLSEY, Mr. DEL- assistance should, in expending the assist- adjusted to reflect the difference obtained by LUMS, Mr. RANGEL, Mr. BONIOR, Mr. TORRES, ance, purchase only American-made equip- the new method. Mr. DEFAZIO, and Mr. TALENT. ment and products. (d) CROSSING PERMITS, TRANSFERS, AND H.R. 2639: Mr. WELDON of Florida and Mr. (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— BILLING NOTICES.—A reasonable service SANDLIN. In providing financial assistance under this charge shall be assessed for each crossing H.R. 2652: Mr. HALL of Ohio. permit, transfer of grazing preference, and H.R. 2657: Mr. COLLINS and Mr. SESSIONS. Act, the appropriate Chairman shall provide H.R. 2709: Mr. MCINTYRE, Mr. ENGEL, Mr. to each recipient of the assistance a notice replacement of supplemental billing notice, LOBIONDO, Mr. WOLF, Mr. GEPHARDT, Mr. describing the statement made in subsection except in a case in which the action is initi- NEUMANN, Mr. BLUNT, Mr. HAYWORTH, Mr. (a) by the Congress. ated by the authorized officer. Page 39, beginning on line 9, strike section LIVINGSTON, Mr. BROWN of Ohio, Mr. FOLEY, SEC. 8. PROHIBITION OF CONTRACTS. 108 relating to Resource Advisory Councils. Mr. HILL, Mr. EHRLICH, Mr. BACHUS, Mr. If it has been finally determined by a court BAKER, Mr. ROEMER, Mr. MCNULTY, Mr. or Federal agency that any person inten- H.R. 2493 ROTHMAN, Mr. MENENDEZ, Mr. VISCLOSKY, tionally affixed a fraudulent label bearing a OFFERED BY: MRS. CHENOWETH Mr. FROST, Mr. LATHAM, and Mr. KENNEDY of ‘‘Made in America’’ inscription, or any in- AMENDMENT NO. 2: Page 23, line 21, insert Rhode Island. scription with the same meaning, to any before the period the following: ‘‘, as defined H.R. 2713: Ms. KILPATRICK, Mr. RUSH, and product sold in or shipped to the United in section 103 of the Federal Land Policy and Mr. KENNEDY of Rhode Island. States that was not made in the United Management Act of 1976 (43 U.S.C. 1702)’’. H.R. 2717: Mr. BARRETT of Wisconsin, Mr. States, such person shall be ineligible to re- H.R. 2493 MCINTYRE, Ms. FURSE, Mr. STUPAK, and Mr. ceive any contract or subcontract made with OFFERED BY: MRS. CHENOWETH WEYGAND. funds provided pursuant to this Act, pursu- H. Con. Res. 13: Ms. MILLENDER-MCDONALD ant to the debarment, suspension, and ineli- AMENDMENT NO. 3: Page 27, strike lines 3 and Mr. LIPINSKI. gibility procedures described in section 9.400 through 7, and insert the following: H. Con. Res. 55: Mr. STUPAK. through 9.409 of title 48, Code of Federal Reg- (1) ALLOTMENT.—The term ‘‘allotment’’ H. Con. Res. 121: Ms. JACKSON-LEE, Mr. ulations. means the area where livestock are grazed under an appurtenant adjudicated or appor- EWING, Mr. GREEN, Mr. NEUMANN, Mr. H.R. 2493 RODRIGUEZ, Mr. PALLONE, Mr. STUPAK, Mr. tioned grazing preference. FFERED BY RS HENOWETH COOKSEY, Mr. BAKER, Mr. COBLE, Mr. HORN, O : M . C H.R. 2493 Mr. HASTINGS of Florida, Mr. PETERSON of AMENDMENT NO. 1: Page 23, line 21, insert OFFERED BY: MRS. CHENOWETH before the period the following: ‘‘, as defined Pennsylvania, Mr. MCCRERY, Mr. BLILEY, Mr. AMENDMENT NO. 4: Page 27, strike lines 14 in section 103 of the Federal Land Policy and MCDADE, and Mr. LIVINGSTON. through 19 relating to the definition of base Management Act of 1976 (43 U.S.C. 1702)’’. H. Con. Res. 150: Mr. PICKERING, Mr. OBER- property. STAR, and Mr. Crapo. Page 27, strike lines 3 through 7, and insert H.R. 2493 H. Con. Res. 156: Mr. SAXTON, Mr. HINCHEY, the following: Mr. STARK, and Mr. Manton. (1) ALLOTMENT.—The term ‘‘allotment’’ OFFERED BY: MRS. CHENOWETH H. Con. Res. 160: Mr. TORRES, Mr. FATTAH, means the area where livestock are grazed AMENDMENT NO. 5: Page 27, beginning on Mr. SANDERS, Ms. ESHOO, Mr. MILLER of Cali- under an appurtenant adjudicated or appor- line 20, strike paragraph (4) and insert the fornia, Mr. ABERCROMBIE, and Mr. HINCHEY. tioned grazing preference. following: H9616 CONGRESSIONAL RECORD — HOUSE October 28, 1997

(4) CONSULTATION, COOPERATION, AND CO- total gross value of production for beef cat- H.R. 2493 ORDINATION.—The term ‘‘consultation, co- tle for the years 1986 through 1997, multiplied OFFERED BY: MR. VENTO operation, and coordination’’ means to en- by the 10-year average of the United States gage in careful and considered good faith ef- Treasury Securities six-month bill ‘‘new AMENDMENT NO. 10: In section 107(a), strike forts with lessees, permittees, and land own- issue’’ rate for the years 1988 through 1997, paragraph (2) (page 36, lines 16 through 20) ers involved, district grazing advisory divided by 12. and insert the following new paragraph: (2) DETERMINATION OF FEE.— boards, and the State or States having lands (c) ROLE OF ECONOMIC RESEARCH SERVICE.— (A) SMALL PRODUCERS.—The holder of a within the affected area to— The Economic Research Service shall con- grazing permit or lease, including any relat- (A) discuss and exchange views; tinue to compile and report the annual pri- ed person, who owns or controls livestock (B) act together toward a common end or vate grazing land lease rate as currently comprising less than 2,000 animal unit purpose; and published in February of each year. Should months on Federal lands pursuant to one or (C) document a mutual agreement. the Economic Research Service develop new more grazing permits or leases shall pay the H.R. 2493 methods for estimating the private grazing fee as calculated under paragraph (1). OFFERED BY: MRS. CHENOWETH land lease rate which yield different results, (B) LARGE PRODUCERS.—The holder of a AMENDMENT NO. 6: Page 35, beginning on the base value used in this section shall be grazing permit or lease, including any relat- line 5, strike ‘‘an allotment management adjusted to reflect the difference obtained by ed person, who owns or controls livestock plan’’ and insert ‘‘a cooperative allotment the new method. comprising 2,000 or more animal unit months management plan pursuant to subsection (a) ROSSING PERMITS, TRANSFERS AND (d) C on Federal lands pursuant to one or more and’’ BILLING NOTICES.—A reasonable service grazing permits or leases shall pay the fee as charge shall be assessed for each crossing H.R. 2493 calculated under paragraph (1) for the first permit, transfer of grazing preference, and OFFERED BY: MRS. CHENOWETH 2,000 animal units months. For animal unit replacement of supplemental billing notice, AMENDMENT NO. 7: Page 35, beginning on months in excess of 2,000, the fee shall be the except in a case in which the action is initi- line 24, strike section 107 and insert the fol- higher of the following: ated by the authorized officer. lowing new section: (i) The average grazing fee (weighted by SEC. 107. FEES AND CHARGES. H.R. 2493 animal unit months) charged by the State (a) GRAZING FEES CALCULATION.—The ad- OFFERED BY: MRS. CHENOWETH during the previous grazing year for grazing ministrative fee rate for each animal unit on State lands in the State in which the month in a grazing fee year shall be equal to AMENDMENT NO. 8: Page 39, beginning on lands covered by the grazing permit or lease the previous year private grazing land lease line 9, strike section 108 relating to Resource are located. rate for the sixteen contiguous western Advisory Councils. (ii) The Federal grazing fee as calculated states as reported by the Economic Research H.R. 2493 under paragraph (1), plus 25 percent of such Service of the Department of Agriculture on OFFERED BY: MRS. CHENOWETH fee. February 15 of the grazing fee year, divided H.R. 2493 by the 1997 base private grazing land lease AMENDMENT NO. 9: Page 36, strike line 16 rate (from the Economic Research Service and all that follows through line 21 on page OFFERED BY: MR. VENTO report for 1996), times the 1996 base fee rate. 37. AMENDMENT NO. 11: Page 37, line 2, strike (b) BASE FEE RATE.—The base fee rate Page 38, beginning on line 19, strike sub- ‘‘seven’’ both places it appears and insert shall be equal to the 12-year average of the section (e). ‘‘five’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, TUESDAY, OCTOBER 28, 1997 No. 147 Senate The Senate met at 9 a.m., and was SCHEDULE privileged to be the chairman of the called to order by the President pro Mr. WARNER. Mr. President, this subcommittee which, over the course tempore [Mr. THURMOND]. morning the Senate will be in a period of a period of the year, developed this of morning business until 10 o’clock. At piece of legislation. Many Senators PRAYER 10 a.m., under rule XXII, a live quorum have traveled great distances. We had The Chaplain, Dr. Lloyd John will begin. Once a quorum is estab- hearings in several places throughout Ogilvie, offered the following prayer: lished, the Senate will proceed to a clo- the United States and a number of Gracious Father, our hearts are filled ture vote on the modified committee hearings here, of course, in our com- with gratitude. We are thankful that amendment to S. 1173, the highway leg- mittee room. But a lot of hard work You have chosen to be our God and islation. Following that vote, the Sen- went into this bill. have chosen us to know You. Your love ate will begin approximately 90 min- Now, the question on cloture involves embraces us and gives us security; utes of debate on the Interior appro- the Senate consideration of the cam- Your joy uplifts us and gives us resil- priations conference report. If all of paign finance bill. I leave to the respec- iency; Your peace floods our hearts and that time is used, Members can antici- tive leaders who, as nearly as I can de- gives us serenity; Your Spirit fills us pate a second vote at approximately termine, are trying to work diligently and gives us strength. 12:15. to resolve the procedural conflict in- We truly believe that Your loving Under the previous order, at 12:30, the volving that piece of legislation, cam- hand is upon our lives; help us to be Senate will recess for the weekly pol- paign finance reform, as it relates to sensitive to every guiding nudge of di- icy luncheons to meet. Hopefully, when this bill. But as I read through the rection. Keep us from making up our the Senate reconvenes at 2:15, the Sen- order that was prepared by the leader’s minds and then asking for Your ap- ate will begin consideration of either office this morning reciting other proval. Keep us from acting as if we the Amtrak legislation dealing with pieces of legislation to which this body have Your answers to all questions. the pending strike, or Amtrak reform will turn, the question, of course, rises, Keep us humble in our search for our which would address the strike. why can’t we go ahead with the ISTEA applications of Your truth to the mat- In addition, the Senate may begin de- bill? ters that face us. Free us from condem- bate on Senator COVERDELL’s education Again, I leave that to the leaders. natory judgments, and save us from IRA legislation, H.R. 2646. Therefore, They have worked on this diligently the exhaustion and frustration of rush- Members can anticipate rollcall votes and indeed there are developments ing up self-chosen paths without Your throughout today’s session of the Sen- every hour on the hour. So it is dif- guidance. ate. ficult for any of us not involved in the Give us insight to see Your path for f negotiations to explain the exact rea- our lives, and the patience and endur- sons. ance to walk in it with our hands firm- MORNING BUSINESS But the reason I asked to take the ly in Yours. Through our Lord and Sav- The PRESIDING OFFICER (Mr. floor this morning is that we are wit- iour. Amen. HUTCHINSON). Under the previous order, nessing here in this country, in the there will now be a period for the past week, and particularly yesterday, f transaction of morning business for not a very precipitous decline in our stock to extend beyond the hour of 10 a.m., market, commodity markets, and the RECOGNITION OF THE ACTING with Senators permitted to speak like. It clearly manifests an instabil- MAJORITY LEADER therein for up to 5 minutes each. ity. The PRESIDENT pro tempore. The The Senator from Virginia is recog- As I look at this piece of legislation, able acting majority leader, Senator nized to speak for up to 5 minutes. this is an absolute building block of WARNER of Virginia, is recognized. Mr. WARNER. I thank the Chair. stability for America’s economy. This Mr. WARNER. I thank the distin- f bill has literally millions and millions guished Presiding Officer, the Presi- of jobs related to it. Now, highways, dent pro tempore of the Senate. I join THE NEED TO ADDRESS THE bridges, and other infrastructure re- with many others in recognizing how HIGHWAY BILL quirements take months to plan—engi- our distinguished senior Senator from Mr. WARNER. Mr. President, my re- neering, financial, consideration by the South Carolina is always there present marks this morning go to the need for respective legislative bodies and high- to open the U.S. Senate. That, in and this body to begin to address the sub- way commissions of the several States. of itself, is a record that merits the at- stantive provisions of the highway bill, It is a process which was carefully tention of all. S. 1173. As the Senate full knows, I am crafted in the 1991 bill over a period of

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

S11245 S11246 CONGRESSIONAL RECORD — SENATE October 28, 1997 6 years. The reason we put in a 6-year eling public, as well as our economic extrapolates into jobs, millions and bill was to provide the type of stability competitiveness. millions of men and women of the that enables those from the Governor Now, I don’t presume to give the United States ready to go to work pro- and State legislatures to the various causes for this problem in the market vided in this bill and provide the need- highway boards and commissions to do today, but anybody who wishes to be ed stability that we are lacking today that type of planning. informed can certainly listen carefully, in view of these tragic declines in the All across this country today, in the as I have done in the last 24 hours, to world markets. wake of the instability of the market- others who presumably have a better Transportation provides the link be- place and other economic indicators, knowledge. But this problem is tween business, industries, and con- millions and millions of men and precipitated less by the U.S. economy, sumers. Transportation and related in- women are dependent for their liveli- if at all—because that economy is rel- dustries employ 9.9 million people in hood on this program going forward in atively healthy—but more by the world the United States, slightly more than 7 an orderly way. Highways can’t be marketplace, and primarily in Asia. It percent of the total work force in this built overnight. Weather has a very is a one-world competitive market, and Nation. According to the Department definite impact on the ability of the the ability of this Nation to compete in of Transportation, for every $1 billion hands of these laboring people to build that market is very, very significantly invested in highway and bridge these highway systems. In some dependent on the efficiencies, the safe- projects, over 42,000 new jobs are cre- States, that envelope of weather is a ty of this infrastructure of highways ated. As one of the largest sectors of matter of several months, primarily and roads and bridges. Mr. President, our economy, transportation rep- because of the weather conditions. But again, it is the competition in the resents nearly 11 percent of the gross indeed during the course of the intense world financial markets, primarily the domestic product. It is just behind the heat of summer, again, there are re- deterioration of the situation in Asia basic services of housing, health care, strictive periods in which roads and that is causing the precipitous decline and food. highways can be built. It is for that in our markets. I subscribe that that Another compelling statistic con- reason that I ask this morning that we same competition exists in every other firms that transportation remains a cannot be oblivious to what is taking walk of life relative to the ability of sound investment for the American place in the marketplace of our coun- the American working men and women taxpayers. For every dollar spent, try and all over the world, this insta- to compete with their hands and their there is an economic return of $2.60. Mr. President, I therefore urge my bility, at a time when this bill will be minds with others throughout the colleagues to consider these facts and a very steady building block to add sta- world. It is a one-world market. bility. I remember so well visiting, in let us not bring upon this institution This vote will be the fourth to invoke Luray, VA, a plant that manufactures that old adage that while Rome cloture so that the Senate can proceed blue jeans. Now, blue jeans are almost burned, Nero fiddled. We have to come to the consideration of this legislation a language in the world over today in to grips with this procedural question to reauthorize our Nation’s surface many respects. I saw Virginians down on campaign finance reform, but this transportation programs. This is need- over their machines sewing the par- type of legislation must go forward to ed because of the intent regarding cam- ticular garments being made that day. provide the economic stability that is paign financing. I turned to the plant manager, who necessary at this very hour in America. Mr. President, the funding level is was escorting me through and I said, So I close, Mr. President, by urging $145 billion. Stop and think about ‘‘How can we compete with the blue all Senators who will be coming to the that—$145 billion. That would benefit jeans manufacturers elsewhere in the floor very shortly to express their every single State. We have tried in world?’’ It was very interesting. I said, views to perhaps take a look at what is this bill to equitably and fairly distrib- ‘‘We are complying with all the envi- happening in the international finan- ute these funds that would go from the ronmental requirements, with the wage cial markets. It is impacting this coun- State in the form of gasoline taxes, pe- laws, the workers are well paid, well try. Take a look at what is happening troleum taxes associated with trucks, cared for, with health programs; how because while campaign finance is an and diesel, and so forth—up to the can we compete with those plants that important issue, it could really be per- highway trust fund and revolve and are operating while we are sleeping in ceived in the workplace by those who come back. We have tried to equitably the Asian market?’’ carry the lunch buckets, those who distribute these funds, more so than in He said, ‘‘Come with me.’’ bend and sweat and toil to build Ameri- the 1991 ISTEA. The funding level in We walked down and I saw a bank of ca’s roads and bridges, as the ant that ISTEA II, which is the present bill, is computers that take the orders in, toppled the mountain of jobs that are $145 billion. It is a 20-percent increase relay the orders to the workbench, involved in this bill. in funding over the 1991 ISTEA I. products are manufactured, put on a Mr. President, I yield the floor and This funding level, if I may say, is conveyor belt, and then he beckoned suggest the absence of a quorum. The PRESIDING OFFICER. The significantly higher than recommended me and we went outside. There were a by the administration in their proposal clerk will call the roll. half-dozen semi-trailers being loaded, The assistant legislative clerk pro- that came to the Congress. The United box after box. He said to me very sim- ceeded to call the roll. States has the largest transportation ply, ‘‘That order came in this morning, Mr. BINGAMAN. Mr. President, I ask system in the world, with 170,000 miles that garment was manufactured to the unanimous consent that the order for of National Highway System routes, specifications of the merchant that the quorum call be rescinded. 900,000 miles of other Federal aid roads, placed that order, and the finished The PRESIDING OFFICER. Without and 3.7 million miles of other public product is put in that truck and that objection, it is so ordered. roads. Our national network of high- truck travels overnight and that pair Mr. BINGAMAN. Mr. President, I ask ways carries 136 million cars, 58 million of jeans is on the store shelf the follow- unanimous consent that I be allowed to light trucks, 6.9 million freight trucks, ing morning.’’ speak as in morning business for up to and 686,000 buses. In 1995, cars and light Asia cannot compete because of the 10 minutes. trucks, mostly personal vehicles, were infrastructure of transportation, the The PRESIDING OFFICER. The Sen- driven 2.2 trillion miles. ability of this plant and other plants ator is recognized to speak for up to 10 What is alarming to learn, however, all over America to, within 24 hours, minutes. is that nearly half of our major road turn around an order and have that f system is in mediocre or fair condition. product on the shelf. I will repeat that. Half of this vast That is what is at stake, the ability VOLUNTARY NATIONAL TESTING communications system is in mediocre to turn around these products in the Mr. BINGAMAN. Mr. President, I or fair condition. This lack of invest- face of a deteriorating infrastructure want to take a few minutes this morn- ment clearly jeopardizes safety, the in- all across this country. ing to debunk a few myths that are dividual personal safety of those on the Mediocre and fair condition. That is being spread about how the Senate vol- highways, and the mobility of the trav- half of the Nation’s road system. That untary national testing plan would October 28, 1997 CONGRESSIONAL RECORD — SENATE S11247 work and explain why a so-called com- made in Colorado to develop their tests children. That is because instead of de- promise that has been discussed here in in these various subjects and how he veloping new national tests on fourth the Capitol in the last few days misses would appreciate a chance to know how grade reading and eighth grade math, the mark almost entirely. his State is doing relative to other this antitesting proposal would fund a As many of my colleagues here in the States. He could not see any justifica- $3 million study of the feasibility of Senate already know, the opponents of tion for each of the 50 States having to linking various commercial tests that a voluntary national test are blocking reinvent the wheel. Obviously, the are already there with each other. what in my view is a reasonable and President’s proposal would eliminate These commercial tests that would be carefully crafted proposal to improve the need for that. The Governor of linked under this study do not conform our schools. Over a month ago here in North Carolina, Jim Hunt, also spoke to the rigorous academic standards of the Senate, we voted 87 to 13 in support eloquently about the importance of the National Assessment of Edu- of this proposal. Since then, the oppo- having benchmarks so that he can de- cational Progress. The whole idea be- nents of it have refused to even sit termine the appropriateness of the edu- hind this development of a fourth grade down at the table and talk about the cation that is being provided to his reading test and eighth grade math issue. In fact, they have threatened to own grandchildren in the public test is we want these kinds of rigorous shut down the Federal Government schools of North Carolina. national academic standards that are again rather than to allow States and From a business perspective, Alan reflected in the National Assessment of school districts and parents to decide Wurtzel, of the National Alliance of Educational Progress available for all for themselves whether or not they Business, and Chris Larson, of the schools to look at. want to use these new tests. Technology Network, described how In addition, the tests that would be In recent weeks, the opponents of important uniform measures of studied are all ‘‘norm-referenced’’ voluntary national testing have tried achievement are to preparing a quali- tests, which means their scores are all to spread a series of myths about the fied work force for the 21st century and reported by percentiles. They show how proposal that was passed by the Sen- how the business community insists you scored compared to others, but ate. Many of these are described on the upon objective measurements of they do not show how you score rel- chart here. Let me just go through a achievement in the training that they ative to any kind of objective criteria, few of them. do. And they believe that same concept as to whether or not you can read at a First of all, one of the myths is that makes a lot of sense in our schools as reasonable level or do math at a rea- this is ‘‘just another test.’’ In reality, well. sonable level. these national tests would provide es- Representing large, urban school dis- In many ways, this proposal misses sential information to parents that tricts, Philadelphia School Super- the point. It suggests that the current none of the commercial tests presently intendent David Hornbeck said that hodgepodge of commercial tests can available provide, by allowing a com- the tests, as he saw it, would be, and adequately solve the problem. It pro- parison. The tests that are being con- the phrase he used was a ‘‘sword of poses to preserve the status quo rather sidered by us in this legislation would equality’’ for poor and minority stu- than allowing States and districts to allow a comparison between students dents in Philadelphia and elsewhere make their own choices. It undercuts across the Nation as to their level of who today are receiving an inferior the National Assessment for Edu- performance on reading in the fourth education, unfortunately, in many of cational Progress which is the most grade and mathematics at the eighth these school systems but, by virtue of rigorous national measure of student grade. this kind of objective performance achievement. And this so-called com- Another myth is that the tests are testing, would be able to improve the promise is completely unsatisfactory not voluntary. The claim is that they situation. in that it would block the proposal we are not voluntary. In fact, we have Most recently, opponents of the vol- agreed to here in the Senate, to allow written into the language of the bill a untary national tests came up with the this test to be developed by the Na- specific requirement that they be vol- so-called compromise proposal that in tional Assessment Governing Board. untary; a prohibition against any im- my view reveals a basic misunderstand- Here in the Senate, the compromise pediment or any force being put on a ing about what the voluntary national that was negotiated, it was clear, was State or district or community that testing proposal is supposed to do. The supported overwhelmingly by a biparti- chooses not to use the tests. proposed compromise preserves the sta- san group of Senators. Leading schol- Another of the myths is that they tus quo. It relies on a type of test —the ars in this field such as Checker Finn would not do anything, when in reality type which many of our school dis- and Bill Bennett supported that com- we have various States and commu- tricts are now using—which creates the promise. Since then, 43 Senators have nities and school districts around the impression that students are doing bet- pledged to block the appropriations bill Nation that are showing that high ter than they really are. We could refer or to uphold a veto, if the President is standards and uniform measures of to this proposal as the Lake Woebegone required to veto the bill, if that origi- achievement can engage and empower proposal. It is clearly a situation, nal compromise is not maintained. area communities to put more empha- which we have today, where ‘‘all the sis on their schools and increase the children are above average.’’ So, if testing opponents want the Na- learning that occurs there. First off, the compromise they are tional Academy of Sciences to study But, despite the mischaracterizations proposing is not much different from whether commercial or even State-de- of the voluntary testing proposal, I am an outright prohibition on the develop- veloped tests are as rigorous as the Na- glad to report that educators and busi- ment of any new tests. Further devel- tional Assessment of Educational ness leaders and the American public opment of a voluntary national test Progress, I have no problem with that. support this proposal overwhelmingly, would be immediately and completely I think studies can sometimes be use- the proposal that the President sent prohibited under this compromise, so- ful. But until it is clear that State and forward. I know this from having heard called compromise, that has been dis- commercial tests are up to the task, I it from people on the front lines. cussed. That is nothing else but pro- believe we should be able to go ahead This last Friday we had a meeting tecting the status quo, in denying with the voluntary national test devel- with various people. An elementary States, denying school districts the opment and that funding should be school parent and PTA member, Laura choice to participate in a national kept in the bill and not be prohibited Scott, told about how important inde- measure of student achievement. Seven as the House is considering doing. pendent tests were for parents who are States have already indicated they Mr. President, I know there are oth- handing their children over to schools want to participate and 15 major school ers waiting to speak. I yield the floor and need all the leverage they can get districts have opted to do so. and suggest the absence of a quorum. to make sure the education their chil- Second, this proposed compromise The PRESIDING OFFICER. The dren are getting in those schools is wouldn’t really accomplish anything clerk will call the roll. adequate. Gov. Roy Romer of Colorado useful in terms of focusing more atten- The assistant legislative clerk pro- spoke about the efforts that are being tion on world-class standards for all ceeded to call the roll. S11248 CONGRESSIONAL RECORD — SENATE October 28, 1997 Mr. GRAMS. Mr. President, I ask tained in the bill compared with the Mr. President, the political games unanimous consent that the order for funding levels that they received under must end. The reauthorization of the quorum call be rescinded. ISTEA back in 1991. ISTEA has expired. We need to go for- The PRESIDING OFFICER. Without I was proud to join Senator WARNER ward and we need to approve a new objection, it is so ordered. as a cosponsor of STEP 21 earlier this highway reauthorization bill. Mr. GRAMS. Mr. President, I also year, as Minnesota was a member of It has been proven again and again ask unanimous consent I be able to the STEP 21 coalition, and I am that transportation spending is one of speak as in morning business. pleased that much of the bill has been the most important, it is one of the The PRESIDING OFFICER. Without incorporated now into this piece of leg- most cost-effective investments in our objection, it is so ordered. islation. Nation’s future. For every $1 billion f Mr. President, this bill attempts to spent on transportation, we create preserve the principles of ISTEA that THE INTERMODAL SURFACE 60,000 jobs, jobs that are now at risk have proven to be successful. We need again while some Senators attempt to TRANSPORTATION EFFICIENCY to ensure that our transportation ACT OF 1997 hold this legislation prisoner in ex- growth contributes to the preservation change for the advancement of their Mr. GRAMS. Mr. President, I am of our environment. particular political agendas. I ask my here this morning on the floor to talk We need to continue to build upon colleagues this morning to help liber- about the very important ISTEA legis- the shared decisionmaking among the ate this political hostage to allow the lation that is being held up in the Sen- Federal, State, and local governments ISTEA legislation to proceed. ate here for many, many different rea- in the transportation planning process. Thank you very much, Mr. President. sons. But the introduction of the Sen- We also need a transportation bill that I yield the floor, and suggest the ab- ate’s Intermodal Surface Transpor- is based on a formula that is fair. This sence of a quorum. tation Efficiency Act of 1997 represents bill will either succeed on the doctrine The PRESIDING OFFICER. The the results of intense negotiations be- of fairness or it will fall victim to poli- clerk will call the roll. tween Chairman CHAFEE, Senator WAR- tics as it has in the past. The assistant legislative clerk pro- I am pleased the ISTEA reauthoriza- NER, and Senator BAUCUS, each of ceeded to call the roll. whom have represented three different tion attempts to ensure a fair alloca- Ms. LANDRIEU. Mr. President, I ask tion of funds. The new formula was de- legislative approaches to the reauthor- unanimous consent that the order for termined with objective factors, such ization of ISTEA. the quorum call be rescinded. I thank each of these Senators for as the number of miles of the National The PRESIDING OFFICER. Without Highway System and each State’s con- the work they have done to bring this objection, it is so ordered. bill to the floor because the citizens of tributions to the highway trust fund. Ms. LANDRIEU. Thank you, Mr. Under this legislation, every State my home State of Minnesota strongly President. will receive a minimum return of 90 support a 6-year reauthorization bill, f funded at the highest levels. This percent of their contributions to the should be one of our top priorities be- highway trust fund. That is a very dif- REVENUE SHARING OF OUTER fore we adjourn this session. Unfortu- ferent guarantee from the so-called 90- CONTINENTAL SHELF FEDERAL percent minimum allocation in ISTEA. nately, however, this very important RECEIPTS FROM OIL AND GAS This is a real guarantee. piece of legislation is being held up by PRODUCTION Finally, we must have a transpor- Ms. LANDRIEU. Mr. President, I rise other Senators seeking to impose a po- tation bill that makes an improvement today to bring to the attention of the litical agenda on a very vital transpor- in streamlining as well as flexibility. Senate and, hopefully, to the Nation, a tation spending issue. Again, it is being This bill streamlines ISTEA’s five concern that is very important to my held up by Senators who want to im- major programs down into three, and constituents in the State of Louisiana pose a political agenda on vital trans- they are the National Highway Sys- portation spending. tem, the Surface Transportation Pro- and to other coastal States. I rise to Their effort to halt this crucial gram, and the Congestion Mitigation address this issue in order to begin transportation spending bill are far and Air Quality Program. what I hope will be an educational more egregious than other attempts in The Federal focus on our most impor- process for all of us. the past to influence legislation by tant network of roads, the National As you know, the Federal Govern- holding it hostage. It is inconceivable Highway System, which includes our ment, through the Minerals Manage- to me that we would not consider this interstate system, is maintained. The ment Service and the Bureau of Land bill on its own merits. The question of streamlining and the flexibility pro- Management at the Department of the why not is being asked by every State vided by the ISTEA reauthorization Interior shares with the States 50 per- concerned about the availability of will give Minnesota the ability to cent of the mineral revenues from Fed- transportation funds for continuing make its own transportation decisions, eral lands inside the boundary of projects. It is ironic that Senators and that is a great step forward. Other States, to offset the impacts of onshore claiming to support labor issues would States also would have the same free- mineral development. Unlike the now thumb their noses at the same dom. States that support onshore develop- hard-working Americans who feed and This bill attempts to get a reasonable ment of Federal mineral resources, clothe their families through the sala- rate of return for Minnesota. In this Louisiana, particularly, and Texas, ries they earn working on transpor- bill, my State will receive 1.50 percent Alaska, California, Mississippi, Ala- tation projects, not to mention how of Federal apportionment dollars, bama, and Florida receive compara- important those projects are for im- which represents an increase from the tively little of the revenues received by proved safety and for meeting our 1.43 percent of actual dollars under the the Federal Government for offshore growing transportation needs. 1991 ISTEA. oil and gas development on the Outer ISTEA must be considered before we The bill would also increase my Continental Shelf. adjourn for the year. There has been a State’s share by over $82 million per I intend very shortly to introduce real effort to reach a compromise that average year above the 1991 authoriza- legislation to realign the OCS revenues achieves balance among the 50 States. tion level. to reflect a more fair and more just al- This balance is required to address I am also pleased to be a cosponsor of location. This legislation will also ad- unique transportation needs in the dif- the Byrd-Gramm amendment which al- dress historical and anticipated im- ferent regions of our country: The con- lows the Federal gas tax of 4.3 cents pacts on infrastructure and environ- gestion needs of the growing South, the now dedicated to the highway trust mental needs that have been identified aging infrastructure needs of the fund to actually be spent on highways. over the course of time. I raise this Northeast, as well as the national This will provide Minnesota the nec- issue as the Senate today, Mr. Presi- transportation needs of the rural West essary additional revenue that is so dent, will be voting on the Interior and and the Midwest. Almost every State critical to meeting our infrastructure related agencies appropriations con- shares in the growth in dollars con- needs. ference report this afternoon. That bill October 28, 1997 CONGRESSIONAL RECORD — SENATE S11249 contains funding for land and water resources beyond the 3-mile mark, and 90 percent of the production totaling conservation and the National Historic that lasted for years. In addition, in almost $3 billion. We received only Preservation Fund. All of those mon- 1985, a new zone was created through $15.9 million. eys, almost up to $1 billion authorized, an amendment to the Outer Continen- For 50 years, Louisiana has borne the comes from OCS revenues. So the Fed- tal Shelf Lands Act, the 8g zone. So be- brunt of the impacts associated with eral Treasury has been a great bene- tween 3 and 6 miles, the States on the oil and gas production in the Gulf of ficiary, and many States, of course, coast can now benefit in some addi- Mexico. While we acknowledge that have shared in these revenues. tional ways, but rather minor, from hosting offshore production has pro- This year also marks the 50th anni- the oil and gas derived from that 3- to vided some economic rewards in the versary of oil and gas exploration and 6-mile zone. State, Louisiana cannot tax the pro- production in the United States off the The most recent Federal law to apply duction on the OCS, nor do we receive gulf coast. We have come a long way to the Outer Continental Shelf was a share of the governmental payments from the early days when a few in- passed in the last Congress, through on the OCS. There has been damage to trepid souls dared to combine their re- the leadership of my predecessor, onshore staging areas, damage from ac- sources to take a risk on a black pitch- former Senator Bennett Johnston. This tivities by the Corps of Engineers, and like substance that was seeping out of measure, the Outer Continental Shelf deterioration of infrastructure such as the hills of Pennsylvania. They discov- Deepwater Royalty Relief Act, pro- roads and highways that are used to ered that this substance would burn. vided a royalty incentive for compa- get equipment and workers to the off- From that substance kerosene was denies that wished to explore in deep wa- shore fields. The State of Louisiana has rived and then came gasoline and nu- ters off the continental shelf but were not received appropriate compensation merous other petroleum products that constrained by the cost of deepwater for the use of its land and the environmental impacts of this production. support the American economy and the drilling. Moreover, Mr. President, we have a Today, as a result of this act, you can American lifestyle today. very fragile environment in south Lou- Oil and gas development has long see from the previous chart that there isiana. I have visited Port Fouchon, in been the lifeblood of my State— have been record sales and bids off the La Fourche Parish many times. La gulf coast, particularly in Louisiana. through good times and bad, through Fourche Parish is a rural, relatively the early years of this century and the In March of this year, lease sale No. 166 isolated parish at the bottom of the bust years of the 1980’s. In Louisiana, was held in the central gulf, and 103 ‘‘L’’ in Louisiana, if you picture the as in other oil-patch States, there was companies bid on over 5,000 blocks State in the form of the letter ‘‘L.’’ an abundance of oil and gas. Many peo- comprising 27 million acres offshore The people there are of modest means, ple dug wells, plugged them, and made Alabama, Louisiana, and Mississippi. and do their best to make a good liv- and lost fortunes. The companies made record bids. Fifty- ing. Port Fouchon is Louisiana’s only In the 1970’s, there was an oil boom one percent of these blocks were in 800 port on the Gulf of Mexico. Its proxim- that no one thought would end, but it meters of water. The deepest block was ity to the deepwater oil and gas discov- did. During that time, businesses in 9,000 feet of water. eries makes it the port of choice for an sprang up in Oklahoma and Texas and The mind-boggling total value of increasing number of businesses. Over throughout the oil patch with busi- these bids was in excess of $800 million. 6,000 people depend on the port as an nesses building headquarters in cities Mr. President, five additional sales are avenue to and from offshore facilities. like Tulsa, Houston, and Dallas. In the planned beginning in March. All of this In just 3 years, Port Fouchon has tri- Gulf of Mexico, oil and gas platforms is due to the Deep Water Royalty Re- pled the amount of cargo it handles— appeared. People discovered a wealth of lief Act which has created thousands of from 10 million to over 30 million tons reserves in coastal waters and, later, in good paying jobs in the energy indus- in 1996. Federal waters, particularly off the try, both onshore and offshore. The Near Port Fouchon is the Louisiana coast of Louisiana. Federal Treasury has benefited sub- Offshore Oil Port [LOOP]. LOOP is a Mr. President, I want to share with stantially. The Federal Treasury re- state of the art offshore facility lo- you today, and many Members of the ceived an amount of $2.8 billion from cated 20 miles south of Port Fouchon. Senate, that all of the production in these leases in 1995. Louisiana contrib- LOOP is connected through five pipe- the gulf identified is by these squares uted $2.1 billion. These figures do not lines to over 30 percent of the Nation’s that are blocked off. You can see that include corporate taxes and taxes that refining capacity. Recently, the deep- almost 90 percent, from approximately were also collected for the Federal water platform Mars, by Shell Oil, was this line to all the way over is off Lou- Treasury. connected by pipeline to LOOP. Con- isiana’s coast. About 90 percent of the I need to clarify the funding situa- sequently, LOOP will be handling a sig- production is supported off Louisiana’s tion for those who are listening today. nificant portion of the Gulf of Mexico’s coast, and that is the point I want to When there is onshore oil and gas pro- domestic deepwater oil production. make today. It is not all the coastal duction, States are entitled to 50 per- Couple this with the recently an- States supporting it equally. Louisiana cent of the royalties. Alaska gets 90 nounced goal that the MMS would like is contributing a huge amount to this percent onshore. For coastal States to increase oil production in the gulf development, which is contributing a with offshore production in 8g, States from 1.7 to 2 million barrels of oil a huge amount of money to the Federal receive only 27 percent, and beyond the day. This is an extremely ambitious Treasury. 6-mile mark for Louisiana, Mississippi, schedule. Such an increase would The history of OCS development and and Alabama, States are not entitled amount to an additional $600 million in State versus Federal ownership was de- to any percentage. That is the point of royalties by the year 2000. Yet, there fined in the time of President Truman. this discussion. has been little attention to infrastruc- There was a great deal of discussion on In conclusion, let me say that we ture in La Fourche Parish, and little this issue between interested parties, need to make this distribution more attention to the environment. Accord- with no real solution as to how these fair and more equitable. With the ing to Bob Thompson, president of proceeds should be fairly divided. The amounts of money that are being dis- LOOP, ‘‘Nearly all of LOOP’s logistical controversy continued briefly through tributed based on 50 percent for on- support for offshore operations comes the forties and fifties. Finally, legisla- shore, based on 90 percent for Alaska, directly through Port Fouchon, and tion came in 1953. This act established but now under the current law, outside hence across substandard roadways. We a 3-mile State water boundary for Lou- of this 6 miles, the coastal States re- must improve our highway infrastruc- isiana, Mississippi, and Alabama and, ceive almost nothing. The amount of ture to accommodate this new busi- for historical reasons, a 10-mile border money being generated is greater and ness.’’ Currently, over 80 deepwater for Texas and the gulf coast of Florida. greater every year. Just last year, as I prospects are identified off coastal The understanding was that States mentioned, it was up to $2.8 billion re- Louisiana. An astounding 75 percent of would own the resources up to 3 miles ceived by the Federal Treasury. And of these are in the Port Fouchon service out from their coastal boundaries, and that amount, Louisiana received less area. Terrebonne and St. Mary Par- the Federal Government would own the than $16 million from contributing over ishes, St. Bernard, and Jefferson which S11250 CONGRESSIONAL RECORD — SENATE October 28, 1997 are adjacent to La Fourche, will also veteran of World War II, few were clerk to call the roll to ascertain the support industry activity. Many of the aware of the details of his combat ex- presence of a quorum. parishes need additional help as well as periences. The fact that he was one of The assistant legislative clerk pro- other coastal States. These new de- the true heros of the Battle of the ceeded to call the roll and the follow- mands will put a great deal of stress on Bulge was not something he talked ing Senators entered the Chamber and an already besieged environment. Mr. about very easily. answered to their names. President, these areas and their fragile The citation he received awarding [Quorum No. 6] environments in Louisiana were sac- him the Silver Star for valor in battle Abraham Gorton McConnell rificed long ago for the benefit of in- described his bravery under fire and his Ashcroft Grams Moynihan dustry investment and development. I willingness to risk his life to save the Bennett Grassley Murkoswski Biden Gregg Murray intend to ensure that these areas will lives of his fellow paratroopers of the Bingaman Hagel Nickles be ignored no longer. 101st Airborne Division in the fighting Breaux Hatch Roberts Since the early 1990’s, the Minerals near Bastogne, Belgium, in December Bumpers Hollings Santorum Cleland Hutchinson Sarbanes Management Service at the Depart- 1944. He destroyed a German gun em- Coats Hutchison Sessions ment of the Interior and various heads placement with an explosive charge at Collins Jeffords Smith (NH) of environment and natural resource close range while under heavy enemy Coverdell Kennedy Smith (OR) departments from a number of States fire. His courageous action saved the Craig Landrieu Specter Daschle Leahy Thomas have been holding talks and negotia- lives of the members of his unit, but he DeWine Lieberman Thompson tions over revenue sharing from the was seriously wounded in the process. Domenici Lott Thurmond funds collected from activity in the He received two Purple Hearts and Enzi Lugar Wellstone Feingold Mack gulf. This month, in fact, tomorrow, spent over a year in hospitals recover- Ford McCain the OCS Policy Committee will be ing from his injuries. meeting in Galveston, TX, to vote on a After the war, he returned to the The PRESIDING OFFICER. A revenue sharing initiative. I commend University of Mississippi and, although quorum is present. this method of consensus building that unable to play football, he earned his VOTE the Department, industry, and the bachelor and master’s degrees and be- The PRESIDING OFFICER. The States have undertaken to address rev- came my high school world history question is, Is it the sense of the Sen- enue sharing and its implementation. teacher, as well as my football, basket- ate that debate on the modified com- But I want to go further than just rec- ball, and baseball coach. He was also mittee amendment to S. 1173, the ognizing their actions, Mr. President. our close neighbor whose friendship I Intermodal Surface Transportation In the next few weeks, I will be filing enjoyed and appreciated. I’m confident Act, shall be brought to a close? The yeas and nays are required under the bill to bring this issue to the atten- that the lessons I learned from him on the rule. The clerk will call the roll. tion of the U.S. Senate to ask for a the athletic fields, in the classrooms, The legislative clerk called the roll. greater distribution and a more fair and in our neighborhood provided me The result was announced—yeas 52, distribution to those States impacted with a firm foundation of values, atti- nays 48, as follows: so that we can continue to support this tudes, and work habits that made fu- [Rollcall Vote No. 282 Leg.] industry, but in return this industry ture academic and professional success YEAS—52 can and the Federal Treasury can in- possible. Abraham Faircloth Mack vest back into Louisiana and other I will always remember and be grate- Allard Frist McConnell coastal States so we can continue this ful for his generous acts of kindness, Ashcroft Gorton Murkowski drilling in an environmentally sen- his fair but firm discipline, and his Bennett Gramm Nickles sitive way. thoughtful leadership. Bond Grams Roberts Brownback Grassley Roth Through advances in technology and He is survived by a dear and loving Burns Gregg Santorum favorable laws, we have come upon a wife, Elsie, and a devoted daughter, Pa- Campbell Hagel Sessions great resource for this Nation, to re- tricia Windham, to whom I extend my Chafee Hatch Shelby Coats Helms Smith (NH) duce our dependence on foreign oil. At sincerest condolences. Cochran Hutchinson Smith (OR) the same time, we must take advan- f Collins Hutchison Stevens tage of this economic boon to reinvest Coverdell Inhofe Thomas in our environment, to repair damage CONCLUSION OF MORNING Craig Jeffords Thompson BUSINESS D’Amato Kempthorne Thurmond to our wetlands, and to take stock of DeWine Kyl Warner our natural resources and their value The PRESIDING OFFICER. Morning Domenici Lott as we benefit in the coming years from business is closed. Enzi Lugar activity in the gulf. f NAYS—48 Thank you, Mr. President. I thank CLOTURE MOTION Akaka Feinstein Lieberman you for the time. Baucus Ford McCain f The PRESIDING OFFICER (Mr. ROB- Biden Glenn Mikulski ERTS). Under the previous order, pursu- Bingaman Graham Moseley-Braun WALTER GREY HEMPHILL, JR., Boxer Harkin Moynihan ant to rule XXII, the Chair lays before Breaux Hollings Murray WORLD WAR II HERO the Senate the pending cloture motion, Bryan Inouye Reed Mr. COCHRAN. Mr. President, fu- which the clerk will state. Bumpers Johnson Reid neral services will be held today in my The legislative clerk read as follows: Byrd Kennedy Robb Cleland Kerrey Rockefeller State for Walter Grey Hemphill, Jr., a CLOTURE MOTION Conrad Kerry Sarbanes World War II hero, who was also a very We, the undersigned Senators, in accord- Daschle Kohl Snowe close personal friend. ance with the provisions of rule XXII of the Dodd Landrieu Specter Dorgan Lautenberg Torricelli He was best known in our community Standing Rules of the Senate, do hereby Durbin Leahy Wellstone as a former star athlete at Byram High move to bring to a close debate on the modi- Feingold Levin Wyden School, who was recruited to play foot- fied committee amendment to S. 1173, the Intermodal Surface Transportation Effi- The PRESIDING OFFICER. On this ball at the University of Mississippi in vote the yeas are 52, the nays are 48. 1941, as a successful coach and teacher ciency Act: Trent Lott, John H. Chafee, John Three-fifths of the Senators duly cho- at his alma mater, a respected vice Ashcroft, Larry Craig, Don Nickles, sen and sworn not having voted in the president and general manager of Mike DeWine, Frank Murkowski, Rich- affirmative, the motion is rejected. Deviney Construction Co., an active ard Shelby, Gordon Smith, Robert Ben- Mr. CHAFEE addressed the Chair. member and chairman of the deacons nett, Craig Thomas, Pat Roberts, The PRESIDING OFFICER. The Sen- at the First Baptist Church of Byram, Mitch McConnell, Conrad Burns, ator from Rhode Island is recognized. and as a past worthy patron of the Spence Abraham, and Jesse Helms. Mr. CHAFEE. Mr. President, I sug- Order of the Eastern Star. CALL OF THE ROLL gest the absence of a quorum. While most of his friends knew that The PRESIDING OFFICER. Pursuant The PRESIDING OFFICER. The Walter Grey Hemphill, Jr., had been a to rule XXII, the Chair now directs the clerk will call the roll. October 28, 1997 CONGRESSIONAL RECORD — SENATE S11251 The legislative clerk proceeded to reform to be set for a certain date with a good bill, bring up the amend- call the roll. early next year. I think there are good- ments and vote on them one way or an- Mr. BAUCUS. Mr. President, I ask faith negotiations continuing, and I am other. But we were unable to do that, unanimous consent that the order for hopeful they will produce the desired and I regret it. the quorum call be rescinded. result. Mr. KERRY addressed the Chair. The PRESIDING OFFICER. Without But that is the first option. Then we The PRESIDING OFFICER. The Sen- objection, it is so ordered. can take up the 6-year bill and com- ator from Massachusetts is recognized. Mr. BAUCUS. Mr. President, I ask to plete our work, as I know many of our Mr. KERRY. Mr. President, I ask speak for 2 minutes out of order. colleagues, including this Senator, unanimous consent that I be permitted The PRESIDING OFFICER. Without would like to do. to proceed as if in morning business. objection, it is so ordered. The second option is the one that the The PRESIDING OFFICER. Without f Senator from Montana alluded to. We objection, it is so ordered. can do what the House has already Mr. KERRY. Mr. President, I would INTERMODAL SURFACE TRANS- done. We can take up a 6-month bill. like to respond briefly to the Senator PORTATION EFFICIENCY ACT OF We can improve upon the 6-month bill from Rhode Island and make it as clear 1997 that the House has proposed. I think as I think it can be made clear that Mr. BAUCUS. Mr. President, I would we could use our allocation, our num- this is about one issue. It is not about just like to say a few words about bers and be in a much better position ISTEA. It is not about the transpor- where we are on the highway bill. It is to go to conference. But certainly no tation needs of the country. It is about due to internal political discussion and one should object to moving a 6-month campaign finance reform. confrontation that we have not been bill if we can’t get agreement on a That is all this is about. We have able to move on the highway bill. longer bill. been pressing for months to be able to There has been a bipartisan effort to So either way, Mr. President, we get the ability to debate and have a try to get an agreement on campaign have an option. We can take up the 6- full-fledged legislative effort on cam- finance reform. We are still at logger- year bill—hopefully, that is still pos- paign finance reform. We have been de- heads. sible—only if we can get campaign fi- nied the right to have one vote on the Mr. President, it is imperative that nance reform. Who knows what will substance of real campaign finance re- we in the Senate find some way to get happen in conference even with a 6- form, not one vote. a highway bill passed. It has been a year bill. But at least the Senate will The reason we are in this predica- month now since the authorization ex- have acted. Short of that, there is ab- ment is exclusively the resistance on pired. It expired on September 30. We solutely no reason why we cannot take the part of the Republicans to permit in the Senate are derelict by not pass- up a 6-month bill. We could do it on a us to have a date certain and the abil- ing highway legislation. unanimous-consent basis if we wished, ity to be able to legislate on campaign I say that because there are many and I hope we could do that as a second finance reform. States that are going to run out of option should we not resolve the first. That is all this is about. There are as money very soon. My State of Montana However, I do believe we must act. many Members on the Democratic side will run out the first part of February. We must resolve this matter prior to of the aisle who want to vote for It takes a long time to let contracts, to the end of this session. I am confident ISTEA as there are on the Republican bid on contracts, to get the pipeline that, working together, we can find a side. ISTEA will ultimately pass the lined up so dollars are out to the way to do that. Senate, and it will pass overwhelm- States for jobs. I have been in favor of I yield the floor. ingly. This is about whether or not we the 6-year bill. It only makes sense Mr. CHAFEE addressed the Chair. are going to face one of the most im- that we have some continuity in our The PRESIDING OFFICER. The Sen- portant issues the people in this coun- highway program. ator from Rhode Island is recognized. try want to face, that a group of people This is not some abstract theory, Mr. Mr. CHAFEE. Mr. President, I would are resisting and will not allow the President. This is jobs. This is local ask that I might proceed for 4 minutes democratic process to work. It is that people, cities and counties and States, as in morning business. simple. I hope no one will confuse it in that very much depend upon this The PRESIDING OFFICER. Without the days ahead. This could be resolved multibillion-dollar program. So I urge objection, it is so ordered. in a matter of hours by reasonably per- us to find some pragmatic, practical Mr. CHAFEE. Mr. President, I point mitting those of us who seek campaign way to get some form of a highway bill out we have been on this highway bill, finance reform to know that we can re- passed. I hope it is 6 months. It may the surface transportation legislation, turn after the recess and be able to not be 6 months. I hope it is 6 years. It for nearly 3 weeks. This was, I believe, vote in February or March and have may not be 6 years. But we have to the fourth cloture vote so that we the Senate properly discuss the issue of pass something so when we go home could move on and deal with the bill. campaign finance reform. over the holidays we will at least have We could not get cloture. The other This is an issue that, on the Repub- built a bridge so next year we take up side didn’t want us to have cloture. So lican side, Senator MCCAIN has said a full 6-year bill and find a way to get that’s why we are in this jam. This leg- and on our side the leadership has said that passed. islation before us is a 6-year bill. It and a number of us have said, is not I urge my colleagues to find some came out of the committee unani- going to go away. way to solve this impasse now so we as mously. There may be variations and If there is any lesson we have learned a practical matter do our duty to get amendments. That is fine. We ought to in the Senate, it is that when there is highway legislation passed. have a chance to bring them up and the kind of issue that has a sufficient Mr. DASCHLE addressed the Chair. vote on them. number of votes for the underlying bill, The PRESIDING OFFICER. The But we could not do that, Mr. Presi- they do not go away. We have seen that Democratic leader is recognized. dent. I think that is very regrettable. on the minimum wage. We have seen it Mr. DASCHLE. Mr. President, I will Now people are backing off and saying on a host of other issues through his- use my leader time to comment on the let’s possibly have a 6-month bill. I tory here. I am confident that we can remarks just made by the senior Sen- think that is a disaster; nobody can do come together around some reasonable ator from Montana. I share his view. any long-range planning with a 6- approach to campaign finance reform. Obviously, this is a very significant month piece of legislation. We have acknowledged to Senator concern for all of our States and for a So I think it is very unfortunate the MCCONNELL and others that this is an lot of Governors and those who are way this has worked out. I am not sure issue which will take 60 votes. We making decisions in their departments what the next order of business is or know that. We are not suggesting that of transportation. what the next step in connection with this can be resolved other than by com- There are really two approaches. The this highway legislation will be, but I ing together with some kind of consen- first approach is for us to reach an feel very badly that we did not get clo- sus that will resolve the capacity of ei- agreement to allow campaign finance ture so we could go ahead and deal ther side to filibuster. We know that. S11252 CONGRESSIONAL RECORD — SENATE October 28, 1997 But until we get to the business of China’s extensive forced labor system. Wei had been arrested and sentenced legislating, of actually proposing His research has identified more than after he wrote wall posters on the De- amendments and working with that 1,100 labor camps across China, many mocracy Wall outside Beijing. They ar- kind of energy, we are never going to of which produce products for export to gued for true democracy and denounced know if we can reach that kind of con- dozens of countries around the world, Deng Xiaoping. sensus, and that is what this fight is including the United States. I have read Mr. Wei’s work and his about. Because he criticized his government, letter from prison. I can’t tell you how So I hope no one confuses it as some- Harry Wu was also imprisoned in these impressed and moved I was by them. As how surrogate or secret opposition to camps. For 19 years in 12 different a political scientist, I seldom, if ever, ISTEA. It is not. It is about the unwill- forced labor camps across China, Harry have read such an eloquent and intel- ingness of the Republicans at this was forced to mine coal, manufacture ligent espousal of democracy and point in time to set a date certain for chemicals, and build roads. He survived human rights. Making the letters all campaign finance reform and to permit beatings, torture, and starvation. He the more remarkable is the fact that us to come back and do the business of witnessed the death of many of his fel- they were written while Wei was in the Senate. I yield the floor. low prisoners from brutality, disease, prison or labor camps, mostly in soli- Mr. WELLSTONE addressed the starvation, and suicide. tary confinement. He has been jailed Chair. According to Amnesty International, for all but 6 months of the last 18 The PRESIDING OFFICER. The Sen- throughout China, mass summary exe- years. ator from Minnesota is recognized. cutions continue to be carried out. At Wei Jingshen is not only China’s Mr. WELLSTONE. Might I ask col- least 6,000 death sentences and 3,500 most prominent dissident and prisoner leagues whether or not there would be executions were officially recorded last of conscience, but ranks with the an opportunity to speak 5 minutes in year. The real figures are believed to be greatest fighters for democracy and morning business? Is that all right much higher. human rights of this century. He with my colleagues? Our own State Department reported brings to mind Martin Luther King, The PRESIDING OFFICER. Is there that in 1996: ‘‘All public dissent against Nelson Mandela, and, of course, Alex- objection? The Chair hears none, and it the party and government was effec- ander Solzhenitsyn. I was honored to is so ordered. The Chair recognizes the tively silenced by intimidation, exile, join many of my colleagues in nomi- Senator from Minnesota for 5 minutes. the imposition of prison terms, admin- nating Wei for the Nobel Peace Prize. f istration detention, or house arrest. No Last week, Mr. Wei’s sister came to dissidents were known to be active at the United States to tell the adminis- UNITED STATES-CHINA SUPPORT year’s end.’’ tration that he is dying in jail, and Mr. WELLSTONE. Mr. President, I Mr. President, that is a chilling, that this summit may be his last rise to address the direction of our deeply disturbing statement. It cuts to chance of emerging from detention country’s relationship with China. the core values of our Nation. And it alive. It is urgent that the Chinese Right now, the Clinton administration was made by our own Government, and Government release Wei and that he be is busy with the state visit of Chinese this administration. Yet, this week, given the medical care that he des- President Jiang Zemin. A state visit is the administration will welcome Presi- perately needs, but has been denied. the highest, most formal diplomatic dent Jiang with pomp and cir- By agreeing to this state visit with- event hosted by the United States. The cumstance. These actions indicate out any significant concessions on champagne will flow, and flattering that, where China is concerned, what human rights, like the release of Wei toasts will be made. we have is not a policy of constructive Jingsheng, the Clinton administration I disagree with this red carpet treat- engagement, but one of unconditional squandered its strongest source of le- ment, Mr. President. There is no ques- engagement. verage with Beijing. tion that United States-Chinese rela- Let us put some names and human This is not to say that all dialog be- tions are crucial and important for faces to the statistics and generalities tween the United States and China or both countries. It is wrong, however, we have all heard with regards to that working level visits are wrong. In- for the United States to host a state China. stead, I believe that the symbolism of a visit for President Jiang Zemin until In May 1996, Wang Hui was detained. state level visit is inappropriate given we see significant progress made on She was the wife of a jailed labor activ- our strong disagreement with China human rights in China. Instead of a ist. While detained, she was denied over its human rights record. That is ceremonial visit, we should be holding water and other liquids. She tried to why I cosponsored a resolution with a working visit with the Chinese lead- kill herself by hanging. According to Senators FEINGOLD and HELMS to urge ership, focusing on the critical issues Human Rights Watch, after being cut the President to downgrade this event that exist between our two nation, like down by police, she was punished with from a state visit to working visit. human rights, weapons proliferation, severe beating. The Chinese have said they do not and trade. Ngawang Choephel is a Fulbright welcome American advice on what they China continues to wage a war Scholar from Middlebury College. He view as a ‘‘purely internal affair.’’ Wel- against individual freedoms and human studied music, and returned to his come or not, President Clinton must rights. Hundreds, and perhaps thou- homeland to document the ancient insist that China’s leaders take specific sands, of dissidents and advocates of music and culture of Tibet. It is dis- actions on human rights. political reform were detained just last appearing under the heel of the Chinese Indeed, I believe strongly that the year. They included human rights and Government. As a result of his work, administration has a moral duty to pro-democracy activists, and members he was convicted in February, and sen- press a range of issues with the Chinese of religious groups. Many have been tenced to 18 years imprisonment for es- Government that it may not welcome, sentenced to long prison terms where pionage. His crime—sending videotapes but that are of enormous important to they have been beaten, tortured, and of ethnic Tibetan music and dancing the Chinese people, and the United denied medical care. out of China. States. Scores of Roman Catholics and Last year, Wang Dan was sentenced Specifically, I call on President Clin- Protestants were arrested. A crack- to 11 years in prison on charges of con- ton to demand: down in Tibet was carried out during spiring to subvert the Chinese Govern- The immediate and unconditional re- the ‘‘Strike Hard’’ campaign. Authori- ment. Prior to sentencing, Wang had lease of Wei Jingsheng, Wang Dan, and ties ordered the closure of monasteries already been held 17 months in incom- other prisoners of conscience held in in Tibet and banned the Dalai Lama’s municado detention. His crime: He was jails in China and Tibet. image. At one monastery which was a leader of the Tiananmen movement. Improvement in the conditions under closed, over 90 monks and novices were Two years ago, Beijing sentenced Wei which political, religious, and labor detained or disappeared. Jingsheng to 14 more years of incarcer- dissidents are detained in China and Harry Wu, a man of extraordinary ation for the crime of peacefully advo- Tibet. This includes providing pris- courage and character, has documented cating democracy and political reform. oners with adequate medical care and October 28, 1997 CONGRESSIONAL RECORD — SENATE S11253 allowing international humanitarian and Senate funding levels and legisla- budget agreement and the broader ben- agencies access to detention facilities. tive provisions in an effort to reconcile efits that it provides for the American Significant progress in improving the the differences between the two bodies, taxpayer. $315 million of the funds pro- overall human rights conditions in and to reconcile the differences be- vided in the Senate bill were for the China and Tibet. The Chinese Govern- tween the Congress and the adminis- Headwaters Forest and New World ment must take concrete steps to in- tration. I firmly believe the resulting Mine acquisitions. But because of the crease freedom of speech, freedom of conference agreement is worthy of my complexity of the acquisitions, the religion, and freedom of association, in colleagues’ support. many questions that had been raised order to comply with the Universal While at this time I will not go into about them, and their sheer mag- Declaration of Human Rights, which it great detail about the conference re- nitude, I agreed with Senator signed in 1948. port, I want to stress the fact that the MURKOWSKI that the funds should be Some say that we cannot influence conferees on this bill have gone to ex- provided subject to enactment of subse- what goes on in China, that the coun- traordinary lengths to try to accom- quent authorizing legislation. Some try is too proud, too large, and that modate the concerns of the administra- have intimated that this was an at- changes take too long. I disagree. For tion. I ask unanimous consent that a tempt to kill the two deals, but I can years we have pressured the Chinese on more detailed discussion of the modi- assure you that on my part it was not. human rights, and to let up now is tan- fications that have been made in re- I also have no doubt that Senator tamount to defeat for the cause of sponse to administration concerns ap- MURKOWSKI was doing anything other human justice. Dissidents who have pear at the end of my statement. than his job, part of which is to author- been freed and come to the United The PRESIDING OFFICER. Without ize land purchases of this nature. The States have thanked advocates for objection, it is so ordered. notion that Congress should simply ac- keeping them alive, by keeping the (See exhibit 1.) cept the administration’s word as to pressure on, and focusing attention on Mr. GORTON. There are, however, a the worth of these expensive and high- their plight. handful of issues in the conference ly complex projects is not only an As Americans, it is our duty and in agreement that I know are of great in- abandonment of congressional preroga- our interest to make the extra effort terest to all Senators. I will spend a tives, but of our duty. required to promote freedom and de- little time discussing two of these is- Mr. President, the conference on the mocracy in China, and to bring it into sues: Land acquisition and the Na- Interior bill was closed 3 weeks ago but compliance with international stand- tional Endowment for the Arts. for the very difficult question of land ards on human rights. The budget agreement provided the acquisition. The administration has Mr. President, I yield the floor. Appropriations Committees with the continually insisted that the money for option to appropriate $700 million for Headwaters and New World Mine must f ‘‘priority land acquisitions and land ex- be included in any Interior bill that the DEPARTMENT OF THE INTERIOR changes,’’ with the appropriation being President would sign, and that such AND RELATED AGENCIES APPRO- in addition to the subcommittee’s money could not be subject to an au- PRIATIONS ACT, 1998—CON- 602(b) allocation. This reserve fund was thorizing requirement. Senator FERENCE REPORT requested by the administration in MURKOWSKI has continued to insist on budget talks, in large part because of an appropriate role for the authorizing The PRESIDING OFFICER. Under the administration’s desire to finance committee. Congressman YOUNG, Con- the previous order, the Senate will now two major land purchases that it nego- gressman HILL, Congressman RIGGS, proceed to the consideration of the tiated shortly before the Presidential and Senator BURNS desired to make conference report accompanying H.R. election: The Headwaters Forest in certain that the communities impacted 2107, which the clerk will now report. California and the New World Mine in by the two acquisitions were ade- The legislative clerk read as follows: Montana. quately compensated. Congressman The committee of conference on the dis- The administration originally had REGULA has insisted that a portion of agreeing votes of the two Houses on the proposed to conduct these acquisitions the $700 million be made available to amendments of the Senate to the bill (H.R. 2107) making appropriations for the Depart- administratively, exchanging oil and reduce maintenance backlogs on our ment of the Interior and related agencies for gas properties and revenue streams in public lands, rather than require all the fiscal year ending September 30, 1998, and ways that stretched existing exchange the money to be used to increase the for other purposes having met, after full and authorities to the limit, if not beyond. public land base, and I should not fail free conference, have agreed to recommend I and many others strongly objected to to mention that Congressman OBEY, and do recommend to their respective Houses the proposed acquisitions at the time, among others, was greatly displeased this report, signed by all of the conferees. in part because it was clear that the that the budget resolution dictated to The PRESIDING OFFICER. Without administration was trying to evade the the penny the amount that the Appro- objection, the Senate will proceed to requirements of the Budget Act and by- priations Committee could provide for the consideration of the conference re- pass Congress altogether on two major priority land acquisitions. port. expenditures. In that sense, I am glad The negotiations among all of these (The conference report is printed in that the budget agreement provided an parties over the past several weeks the House proceedings of the RECORD of opportunity for these acquisitions to have been exceedingly difficult. The October 22, 1997.) come before Congress, albeit not under compromise included in the conference Mr. GORTON addressed the Chair. ideal conditions. report provides $699 million for priority The PRESIDING OFFICER (Mr. The House Appropriations Commit- land acquisitions and land exchanges, SMITH of Oregon). The time under the tee chose not to provide the $700 mil- and critical maintenance needs. Of this conference report is controlled. lion. Chairman REGULA not only doubt- amount, up to $250 million is for Head- Who yields time? ed the value of the Headwaters and waters Forest and up to $65 million is Mr. GORTON. I yield myself such New World Mine acquisitions to the for the New World Mine. Authoriza- time as I may use. U.S. taxpayer, but also felt strongly tions for both projects are included in The PRESIDING OFFICER. The Sen- that if $700 million were available in the conference report, but the acquisi- ator from Washington. the context of the budget agreement, tions cannot be made until 180 days Mr. GORTON. Mr. President, I am that money would be better spent re- after enactment, providing the author- pleased to bring before the Senate the ducing the multi-billion-dollar mainte- izing committees time to review the conference report on H.R. 2107, the fis- nance backlog that exists in our parks, acquisitions and possibly recommend cal year 1998 Interior and Related refuges, and public lands. I cannot hon- changes to the authorizing language. Agencies Appropriations Act. The con- estly say that I disagree with him on The authorizing language itself is the ference report provides $13.8 billion for either point. product of lengthy discussions between programs under the jurisdiction of the I did, however, include the $700 mil- House and Senate authorizing commit- Interior subcommittee, and incor- lion in the Senate bill, largely because tees, the Appropriations Committees porates a number of changes to House I feel a personal commitment to the and the administration. I should note S11254 CONGRESSIONAL RECORD — SENATE October 28, 1997 that Senator MURKOWSKI was a reluc- The conference report $98 million for more than $1 million operating in- tant participant in these discussions, NEA—a remarkable outcome given the crease for Gettysburg National Mili- and feels strongly that the authorizing House position. In exchange for provid- tary Park, a subject on which Senator legislation should have gone through ing nearly all the funding included in SANTORUM has worked very diligently. the normal committee process. I will the Senate bill, the House requested I also want to clarify that the fund- also say that the administration is not that the conference report include a ing provided to the Fish and Wildlife in complete agreement with the provi- number of reforms to the NEA’s struc- Service for habitat conservation plan- sions of the authorization. ture and procedures. As a result, the ning for the Preble’s Meadow jumping The major sticking point in these conference report increases the per- mouse applies to four counties in Colo- discussions over the last week has been centage of block grants to States, rado. These mice range over four coun- the question of whether or not a formal makes arts education a priority, and ties in Colorado and two counties in appraisal would be required for the alters the structure and membership of Wyoming. However, the mice occur on Headwaters and New World Mine acqui- the National Council for the Arts to re- private lands in Colorado and on Fed- sitions. The administration has in- flect congressional interest in the eral land in Wyoming. The habitat con- sisted that appraisals are not nec- NEA’s conduct and direction. servation plan only applies to the pri- essary, and that Congress should be With regard to the conference agree- vate lands in Colorado. satisfied with an opinion of value—a ment on the NEA, it is safe to say that Finally, I want to make special note term with no formal meaning. On the the House leadership is not pleased that this bill includes funding for the other hand, Senator MURKOWSKI, Con- with the result. I think it is also safe National Park Service to study alter- gressman REGULA, and I all agree that to say that if this bill is vetoed and re- natives for the commemoration and in- a formal appraisal is the only way to turned to conference, it is almost cer- terpretation of events associated with safeguard the American taxpayer. tain that the House will demand addi- the integration of the Charleston While the conferees have reluctantly tional reductions in funding for the School District in Arkansas and agreed not to cap the purchase price at NEA. This is not a threat from an op- Central High School in Little Rock. the appraised value, the conference re- ponent of the Endowment. To the con- While other Senators are familiar with port does require an appraisal for each trary, I have been a strong supporter of the events surrounding the integration acquisition. the NEA, even though I have been crit- of Central High School in 1957, they In spite of the great strides that have ical of some of the decisions made by may not be aware that the Charleston been taken to address the concerns of the agency over the years. My com- public schools were actually the first the administration elsewhere in the ments are rather a simple recognition to integrate in Arkansas—by some ac- bill, I have no doubt that if this bill is of current sentiment in Congress. counts the first in the South—shortly vetoed by the President, it will pri- In a similar vein, I cannot say what after the Brown versus Board of Edu- marily be because of the appraisal re- would happen to the $700 million for cation decision in 1954. My colleagues quirement for these two acquisitions. I land acquisition should this bill be ve- may also not be aware that Senator also have little doubt that if the bill is toed. This comes not from someone BUMPERS is a former member of the vetoed, the $700 million stands a better who strictly opposes providing the $700 Charleston School Board, and that he chance of being removed from a future million, but rather from someone who was counsel to the school board during bill than does the appraisal require- included the money in this bill in the the period in which the decision was ment. I cannot entirely account for the first place. I am simply stating the fact made to integrate the Charleston administration’s strong resistance to that this conference agreement is very schools. Perhaps the relatively smooth the notion of a formal appraisal. If ei- delicately balanced, and that a deci- integration of the Charleston schools, ther appraisal places the value of these sion by the administration to come as compared to the bitter struggle that properties below the price to which the back for one more bite at the apple— took place at Central High School, is a administration agreed, the administra- despite the great lengths we have gone most telling testament to Senator tion will have ample opportunity to to accommodate its concerns—will not BUMPERS’ wisdom and power of persua- dispute the appraisal. Congress does, be without peril. sion—qualities that we will sorely miss from time to time, approve acquisition On a less ominous note, I do want to after his departure from the Senate. above the appraised value. If either ap- take a brief moment to mention a few With that I will once again express praisal values one of these properties other items. First, I want to note the my thanks to Senator BYRD for all his above the price to which the adminis- work that Senator JEFFORDS and Sen- help and guidance over the course of tration has agreed, such appraisals will ator TORRICELLI have done in the inter- the year, and express my sincere hope only support the administration’s case ests of the preservation of Civil War that the President will sign this bill. I that these acquisitions represent good battlefields—a subject near and dear to cannot stress too greatly the length to buys for the taxpayer. In short, I think my heart. The Senators offered an which we have gone to address the ad- Congress has been extraordinarily fair amendment to this bill expressing the ministration’s concerns, nor can I over- in its dealings with the administration sense of the Senate that Civil War bat- state the delicacy of the balance that with regard to Headwaters and New tlefield preservation should be a high has been achieved in this conference World Mine. priority for Congress. I know they report. Nothing good can come of the Turning to the National Endowment would like to have done more, particu- President vetoing this bill. for the Arts, my colleagues will recall larly with regard to earmarking a por- [EXHIBIT 1] that the House bill included zero fund- tion of the $700 million, but I do want EFFORTS TO ACCOMMODATE ADMINISTRATION ing for the NEA. The Senate bill in- them to know that I will continue to CONCERNS cluded just over $100 million, a small work with them in the allocation of FOREST SERVICE increase over the current year level. the $700 million should this conference Forest land management planning The Senate also considered a number of report be enacted. I also want to note NEA amendments during floor consid- some of the Civil War projects that are The Senate bill included a provision prohibiting the expenditure of funds for revi- eration, ranging from complete termi- funded elsewhere in this bill, such as sions of individual forest plans until new for- nation of the Endowment to greatly in- the $1.7 million provided for rehabilita- est planning regulations have been issued. creasing the percentage of NEA funds tion at Vicksburg National Military Those regulations have been under review for that are provided as block grants to Park, the $2 million provided for sta- eight years through two administrations, the States. Though the debate on these bilization work at Shiloh National and have been withdrawn at the last minute amendments made clear that there is Military Park, the $1 million provided prior to each of the last two presidential significant concern about NEA’s cur- for an interpretive center at Corinth elections. Such delay is intolerable. The Ap- rent structure and practices, the votes battlefield, and the $3.5 million pro- propriations Committee is greatly concerned that millions of dollars are being spent for on the amendments also made clear vided for land acquisition at forest plan revisions that will be invalid or that the Senate does not share what Fredricksburg/Spotsylvania National obsolete upon issuance of the new regula- were apparently the views of the Military Park. I am also very pleased tions. The Committee is also concerned that House. that the conference report provides a the Forest Service may be revising plans October 28, 1997 CONGRESSIONAL RECORD — SENATE S11255 pursuant to a set of regulations that have planning project in response to Congres- hardrock mining upon the certification by been drafted, but not aired in the public rule- sional concerns about the time, cost, and the Secretary of the Committees of jurisdic- making process. lack of results associated with this and pre- tion in the House and Senate that the De- The conference language has been signifi- vious ecosystem planning efforts. The lan- partment has consulted with the governor of cantly revised to accommodate Administra- guage instructs the Forest Service and the each state that contains public lands open to tion concerns, while making clear that the Bureau of Land Management to include in location under the General Mining Laws. current forest planning process is broken and the Environmental Impact Statement (EIS) The publication of proposed regulations shall needs prompt revision. The conference lan- information on economic and social impacts not occur before November 15, 1998 and regu- guage allows funds to be expended for forest at the sub-basin level. The conferees are lations shall not be finalized prior to 90 days plan revisions under current regulations aware that this may result in additional after publication of the proposed regulations. where a Notice of Intent to Revise was pub- time and cost, but are willing to make this Grizzly bears lished in the Federal Register prior to Octo- investment so that the people most affected The conference agreement does include a ber 1, 1997, or where a court order directs by these decisions will have a better under- limitation on funds for the reintroduction of that a revision must occur. The statement of standing of the impacts when the final EIS is grizzly bears in the Selway-Bitteroot area of managers further clarifies that the new regu- implemented. Idaho and Montana. This provision was lations need only be released in an interim The conference agreement also requires a adopted by unanimous voice vote during form to comply fully with this provision. report to Congress on potential implementa- Senate committee markup and was not con- Office of the Western Director tion costs and potential impacts on resource tested on the Senate floor. At the request of The House bill eliminated all funding for and commodity production in the Interior the Administration, however, the language operations of the western director and spe- Columbia Basin. To date this project has has been changed to make clear that the En- cial assistant to the Office of the Secretary cost taxpayers $90 million. The Administra- vironmental Impact Statement on reintro- of Agriculture. The Senate bill prohibited tion has estimated that implementation of duction can proceed to a Record of Decision. funding for this purpose absent approval the plan could cost an additional $135 million Since the Administration has stated that ac- through the reprogramming process. Despite per year. It is certainly legitimate for Con- tual reintroduction is unlikely to take place House and Senate concerns about the use of gress to seek more information about such in fiscal year 1998, it is unclear what sub- funds for this purpose, the conference agree- costs and impacts prior to finalization of the stantive objection remains. plan. The language gives the Administration ment allows Interior bill funds to be used for Alaska subsistence the western director up to the level provided flexibility to perform its analysis in an effi- The Administration strongly objected to a in the Interior bill for fiscal year 1997. cient manner. provision in the House bill that would have President’s northwest forest plan Log exports extended a moratorium on the assumption of This important legislation bans the export The Administration has complained about Federal control over fisheries management of raw logs from national forest lands and language included in the Statement of Man- in Alaska pursuant to the Alaska National from Washington State lands. It further al- agers requiring that 757 million board feet be Interest Lands Conservation Act. The con- ters rules governing substitution of private offered for sale under the Pacific Northwest ference agreement incorporates a com- logs in the export market for federal timber. Forest Plan, of which ten percent must meet promise between Members of the Alaska del- This legislation has bipartisan support and is the Administration’s definition of ‘‘other egation, the Administration, the State of the result of lengthy discussion among af- wood.’’ This language uses the Administra- Alaska and other elected officials in Alaska fected industries and parties in the affected tion’s own figures, and is simply included to that will facilitate resolution of the subsist- states. This language encourages domestic provide some level of accountability to en- ence issue. This provision is directly rel- processing of timber, creates more American sure that the Forest Service lives up to its evant to the appropriations process, as the jobs, and entirely bans the export of raw logs commitments. cost to the Federal government of assuming from State of Washington timber lands. NATURAL RESOURCES management responsibilities would be sub- Forest roads Lake Clark national park and preserve stantial. The Administration has objected to the The Senate bill included a provision ex- World heritage and man in the biosphere fact that the conference agreement does not tending the statute of limitations of certain programs provide for the termination of the ‘‘pur- Alaska Native Village Corporations and the The House voted to prohibit the use of chaser credit’’ program for the construction area Regional Corporation to bring suit funds for the World Heritage and Man in the of timber roads. The issue was hotly debated against the Department of the Interior with Biosphere programs, a provision to which the in both the House and Senate, but neither regard to certain land claims under the Alas- Administration has strongly objected. The body voted to terminate the program. As ka Native Claims Settlement Act. This pro- conference agreement does not prohibit the such, the conference agreement is appro- vision was acceptable to the Administration. use of funds for the World Heritage program, priate. A second provision added in conference which has grounding in prior statute and While I firmly believe that the real issue in would have required future litigation on this treaty, but does prohibit the use of funds to this debate is the continued effort by fringe issue to be considered in trial de novo, and nominate sites under the Man in the Bio- environmentalists to eliminate the harvest would have required that certain elements of sphere program until that program is specifi- of timber from National Forests, I believe it such litigation be construed to the benefit of cally authorized by Congress. Authorizing would be wise for Congress and the Adminis- the Native Corporations. Sen. Stevens legislation addressing these issues is under tration to resolve this issue somewhere other strongly believed this amendment to be ap- active consideration by Congress, and it is than on the floors of the Senate and House. propriate from the standpoint of fairness to reasonable for the Appropriations Commit- I encourage the Administration to negotiate the Native Corporations, but the Adminis- tee to prohibit the use of funds for the Man with the timber industry, environmentalists, tration also felt strongly that the additional in the Biosphere program until U.S. partici- and timber workers to develop reforms that provisions were contrary to the agreements pation in the program is authorized. will build confidence in the purchaser credit that the Department of the Interior had Pennsylvania avenue redesign program, and provide assurances to tax- reached with the Native Corporations re- payers that the program is an efficient alter- The conference agreement prohibits the garding land selections. Administration from expending Interior bill native to Forest Service road construction, The conference report includes the Senate funds for redesign of Pennsylvania Avenue and is not an industry subsidy. provision extending the statute of limita- between 15th and 17th Streets, N.W., without Western red cedar tions, as well as language allowing addi- the approval of the Appropriations Commit- tional evidence to be introduced in any liti- The conference report contains language tees through the reprogramming process. gation that may ensue. The language in- that protects the economic stability of tim- The Administration objected to the original cluded in the conference report has been ber processors in the Pacific Northwest by version of this provision on the grounds that agreed to by the Administration. requiring the Forest Service to make Alas- it might have prevented the implementation kan Western Red Cedar available to proc- Rulemaking on hardrock mining of security measures to protect the White essors in the contiguous United States before The Administration objected to the Senate House. While such was not the intent or ef- it can be exported. Although the bill lan- Appropriations Committee’s provisions in fect of the amendment as originally pro- guage does not fully satisfy the Administra- section 339 which would have prohibited De- posed, the amendment has been modified at tion, it does have strong bipartisan support partment of the Interior’s use of funds for a the request of the White House. in the Pacific Northwest where timber pro- rulemaking to update rules on surface man- The Treasury Department has received ducers have been severely harmed by reduced agement of hardrock mines until the Sec- over $51 million in direct appropriations availability of public timber, and fully com- retary of the Interior established a Federal- since 1996 specifically for security around the plies with Alaska’s Tongass National Forest State advisory committee that would have White House. The provision in the Interior Land Management Plan. prepared a consensus report for Congress on bill is directed at funds that would be spent Interior Columbia Basin ecosystem management the relationship of State and Federal surface by the Park Service, primarily for beautifi- project management policies. In response, section cation of the area. The Administration has The conference agreement includes lan- 339 has been amended to permit the Interior chosen an option for the redesign that would guage on the Columbia Basin ecosystem Department to develop a rulemaking on cost over $50 million. The details of this plan S11256 CONGRESSIONAL RECORD — SENATE October 28, 1997 were only recently released, and have re- level adjusted for all fixed costs and internal the comparable levels provided by the House ceived very little scrutiny. The Appropria- funding transfers; all formula-funded TPA and Senate. While the amount provided by tions Committee simply wants the oppor- programs will be funded at the requested the conference agreement is below the budg- tunity to discuss with the Administration its level; all Federally-recognized tribes will re- et request, it is $42 million above the FY 1997 proposal before a significant amount of Park ceive at least at the minimum level of level—a substantial increase. Service funds is committed to a particular $160,000 in TPA funds as recommended by the Mr. BYRD addressed the Chair. plan of action. BIA; and any remaining funds will be distrib- The PRESIDING OFFICER. The Sen- ARTS PROGRAMS uted based on recommendations of a task ator from West Virginia is recognized. force, which shall include tribal leaders, to Smithsonian Institution Mr. BYRD. Mr. President, I yield my- be established by the Secretary of the Inte- self such time as I may consume. The Administration objection to the fact rior. that the House bill provided no funds for Mr. President, I am pleased to join construction of the National Museum of the Taxation of tribal revenues Senator GORTON today in bringing the American Indian Mall Museum. The con- Contrary to Administration complaints conference report on the fiscal year ference agreement provides $29 million for that the Congress would add such a provision 1998 Interior appropriations bill before the first half of construction costs as pro- to the bill, the conference report contains no the Senate. The Senate completed its provision that would prohibit the Secretary posed in the Senate-passed bill and in the action on this bill in September. The Administration’s budget request. of the Interior from taking land into trust for any tribe that had not entered into a formal conference was completed on Woodrow Wilson International Center for September 30, and discussion and nego- Scholars binding agreement with State and local governments regarding the tribe’s collection and tiation regarding a limited number of The conferees agreed to fund the Woodrow payment of State and local sales and excise outstanding items was finally com- Wilson International Center for Scholars taxes on retail purchases made on the land pleted just a few days ago. The con- (WWIC) at the budget request level of $5.8 by non-tribal members. million, as proposed in the Senate bill. Due ference report was filed on October 22, to concern about administration of the Cen- Sovereign immunity and was approved by the House last ter’s programs, the House recommended a $1 The Senate bill originally contained a pro- Friday by a vote of 233–171. Inasmuch million appropriation for FY 1998—an vision that would waive the sovereign immu- as we are now several weeks into the amount that would have terminated the Cen- nity of Indian tribes accepting certain Fed- fiscal year, I hope that the Senate will ter’s operations. eral funds. The Administration strongly ob- be able to complete its consideration of National Endowment for the Arts jected to this provision, which was removed this appropriations measure expedi- during Senate floor consideration in re- The House bill included no funding for the sponse to commitments from the Chairman tiously, so that the bill can be pre- National Endowment for the Arts. The Sen- of the Senate Indian Affairs Committee to sented to the President and the agen- ate bill included $100 million, a decrease conduct hearings on the issue and to mark cies can begin implementation of the below the request but a slight increase over up a bill from the Committee during the next programs funded for fiscal year 1998 FY 1997. There was considerable debate session of Congress. once this bill is enacted. about the NEA during conference, but the The agreements before the Senate final result was a compromise that substan- Indian gaming tially protects the Endowment’s current The Conference Report contains the Sen- today total $13.8 billion in budget au- funding level. Certain reforms to the NEA’s ate-passed provisions at section 129 concern- thority, and $13.7 billion in outlays, as structure and grant-making processes were ing approval of Tribal-State compacts for In- scored by the Congressional Budget Of- adopted, but provisions to expand radically dian gaming. The Administration opposed fice. This conference agreement sub- the black grant program or impose an ad- this language in a September 30, 1997 letter stantially fulfills the commitments for ministrative budget cap—two items of par- to Congress. The Administration is re- Interior bill programs included in the ticular concern to the Administration—were minded, however, that the amendment was bipartisan budget agreement of which I not among the reforms adopted. The con- modified by its sponsors in response to con- had no part and which personally I ferees also rejected an effort to reduce the cerns that the original version would have don’t recognize, and incorporated into appropriation by $10 million below the Sen- resulted in Federal law preempting State ate level. law. The Conferees are concerned that the the budget resolution earlier this year. Mr. President, as with nearly every PROGRAMS FOR NATIVE AMERICANS States affected by Indian gaming within their borders are kept out of the decision- conference, reaching agreement on this Tribal priority allocations making process with regard to Indian gam- conference report required difficult The conference agreement provides funding. Section 129 prohibits the Secretary of choices and a search for balance being for BIA Tribal Priority Allocations the Interior from unilaterally approving any tween competing priorities of the (TPA) at the Administration’s requested initial Tribal-State compacts for class III House, the Senate, and the administra- level, the level included in the Budget Agree- gaming entered into on or after the date of ment. Within that amount, the conference tion. This bill provides important re- enactment of the Interior Appropriations sources to address important needs for agreement requires that all federally-recog- Act. Section 129 does not affect Secretarial nized tribes be provided at least the mini- review or approval of a renewal or revision our public lands and natural resources, mum level of TPA recommended by the BIA, of, or amendment to, existing tribal-State as well as for Indian programs, energy a goal supported by the BIA and Interior De- compacts. research and development, and our core partment but missing from the President’s The Conferees modified section 131 as cultural programs. The major legisla- request. passed by the Senate, which the Administra- tive provisions of concern have been The TPA language included in section 118 tion opposed. As passed by the Senate, sec- modified to address some of the con- of the conference report represents a serious tion 131 would have prevented the National cerns of the administration. attempt to respond to the Administration’s Indian Gaming Commission (NIGC) from concerns about the original Senate language, Mr. President, Senator GORTON has taking action to change its current regula- done an excellent job of summarizing while still addressing the fact that discre- tions to define certain types of new elec- tionary appropriations are limited, and that tronic gambling. As modified, the provision the many factors at work in reaching the TPA pro rata allocation is inequitable prohibits the NIGC from issuing draft or the agreements contained in the con- and unresponsive to the disparate needs of final rules, but clarifies that the Commission ference report now before the Senate. the tribes. Currently, 309 of 526 Federally- may gather information during fiscal year The negotiations over the special $700 recognized tribes do not receive the mini- 1998 relating to the Advanced Notice of Pro- million land acquisition account were mum recommended level of TPA. The Ad- posed Rulemaking on such regulations it re- protracted, with each side giving some ministration has not requested measures to cently published. Given the time required to rectify the inequitable distribution of TPA in order to reach a final agreement. We proceed with information-gathering relative do not yet know whether the President among the tribes. The Senate proposed a new to the Advanced Notice, the year prohibition distribution method based on a number of will not be an undue interference with the will approve or veto this legislation. As factors to measure the relative means of Commission in exercising its regulatory and Senator GORTON has suggested, many tribes. Despite universal agreement that the oversight duties on tribal gaming activities. changes were made to this bill to re- current distribution method of TPA is ar- The National Governors Association sup- flect the concerns of the administra- chaic and has resulted in great financial dis- ports both section 129 and section 131. tion, while protecting Congress’ role— parity among the tribes, the Administration DEPARTMENT OF ENERGY while protecting Congress’ role in de- opposed the Senate’s proposal. The Conference report provides full fund- Energy conservation termining the expenditure of funds and ing for TPA at the requested level to be dis- The conference agreement provides $612 proper oversight responsibilities. Just tributed as follows: All pro rata TPA pro- million for Energy Conservation programs, as no Member of Congress got every- grams will be funded at the fiscal year 1997 an amount which is roughly a split between thing he or she might have wanted October 28, 1997 CONGRESSIONAL RECORD — SENATE S11257 from this appropriations measure, nei- chairman, the senior Senator from improve human rights. I fear that this ther did the administration. But the Washington, Mr. GORTON. We have state visit will actually boost the legit- overall product is a good one, and I worked closely, as we always have, on imacy of a regime that brutalizes its hope it will be enacted. I do not believe the product that we present to the Sen- own people and jails anyone who dares that closure on further issues of con- ate today. In his stewardship of this to complain. cern will be easier if the bill is vetoed. bill as chairman of the committee, In other words, Mr. President, while Among the highlights of this con- Senator GORTON has been very fair, he dialog is important, you don’t need ference report are these: has been bipartisan in his handling of champagne toasts and red carpets to Funding for the National Park Serv- the many programs and issues which have a dialog. ice remains a priority. The rec- were negotiated in the conference. I Is the memory of the Tiananmen ommendation includes an operational commend this conference report to the Square massacre so distant that we are increase of $79 million over the fiscal Senate and urge Senators to support willing to clink glasses with China’s year 1997 level. Other significant park its approval. leaders as though nothing happened in increases are provided for construction Mr. President, I yield the floor and Tiananmen Square? For me, the an- and land acquisition. suggest the absence of a quorum. I ask swer is no. When Jiang is given a 21- A significant initiative to focus at- unanimous consent that the time be gun salute tomorrow, the South Lawn tention on the operational require- charged against both sides. will sound much like the streets of ments and habitat restoration and The PRESIDING OFFICER. Without Beijing did on the night of June 4, 1989. maintenance backlogs of our national objection, it is so ordered. The clerk By agreeing to this state visit with- wildlife refuges is supported, with in- will call the roll. out receiving any kind of concession in creased funding of $40.8 million above The bill clerk proceeded to call the the area of human rights, the adminis- fiscal year 1997. roll. tration may be squandering perhaps its As to our Nation’s energy research Mr. FEINGOLD. Mr. President, I ask strongest source of leverage with and development programs, the invest- unanimous consent that the order for Beijing. Nevertheless, if the adminis- ment in those programs is continued. the quorum call be rescinded. tration insists on hosting Jiang Zemin Fossil energy research and develop- The PRESIDING OFFICER. Without right now, the least that can be done is ment is funded at $362.4 million, which objection, it is so ordered. to accord discussion of human rights is $2.3 million below the fiscal year 1997 Mr. FEINGOLD. Mr. President, I ask the same priority as the myriad other enacted level. Increases above the unanimous consent to speak as in issues that confront our bilateral rela- budget request are provided to sustain morning business. tions with China. Unfortunately, I technology development programs in- The PRESIDING OFFICER. Without don’t think that is going to be the tended to produce environmental bene- objection, it is so ordered. case. fits while improving energy efficiency. Mr. BYRD. Mr. President, for how As we all know, there are many areas On another matter, the conference long does the distinguished Senator of disagreement between the United agreement fully funds the President’s wish to speak? I have no objection. I States and China, aside from human request for tribal priority allocations just think we should know how long he rights. The United States’ trade deficit at $757.4 million, an increase of $76.5 expects to speak. with China will likely reach $50 billion million over fiscal year 1997 levels. Mr. FEINGOLD. Mr. President, I ask this year. China has a long and well- As to the National Endowment for for 20 minutes to speak. known record of assisting the nuclear the Arts, the conference agreement in- Mr. BYRD. Mr. President, I have no programs of Iran and Pakistan and, as cludes $98 million to continue the Na- objection. always, the sensitive issue of Taiwan tional Endowment for the Arts. A The PRESIDING OFFICER. The Sen- remains a trouble spot. package of reforms is included in the ator from Wisconsin is recognized. Arguably, there are some positive bill to address concerns over the use of Mr. FEINGOLD. Thank you, Mr. signs. China has agreed to make sig- Federal funds in support of the arts. President. I thank the Senator from nificant cuts in tariffs as a part of its These reforms include an increase on West Virginia. bid to join the World Trade Organiza- the amount of funds allocated directly f tion, and Beijing has promised to tight- to the States; a cap on the amount of en controls on nuclear exports. It is funds that can be awarded to each HUMAN RIGHTS SITUATION IN CHINA widely reported that an agreement to State from the competitive grants restart United States-China coopera- pool; changes in the structure and com- Mr. FEINGOLD. Mr. President, I also tion on nuclear power will be the cen- position of the National Council on the rise today, as did the Senator from terpiece of the summit. Arts; prohibitions regarding grants to Minnesota, to discuss the visit of the Mr. President, on human rights there individuals; and an emphasis on arts President of the People’s Republic of are few, if any, positive signs. Despite education. China, Mr. Jiang Zemin, who arrives in China’s announcement on Saturday With reference to land acquisition, Washington tonight for a state visit. that it will sign the United Nations’ this bill provides a special land acquisi- That Mr. Jiang and President Clinton Covenant on Economic, Social and Cul- tion account as recommended in the will meet is not in itself extraordinary. tural Rights, I see no evidence of real budget resolution. The account is fund- The promotion of dialog between the human rights improvement on the ed at a level of $699 million, which in- United States and China can be a con- ground. The fact that human rights cludes $315 million for the Headwaters structive use of our own diplomatic en- conditions in China are growing worse, Forest, CA, and New World Mine, MT; ergies. Indeed, President Clinton has not better, indicates that human rights $22 million in special payments for af- already met Mr. Jiang several times at needs to be given top priority. fected local areas in California and various international fora. Three years after the President’s de- Montana; and the balance is available What strikes me is the kind of visit cision to delink most-favored-nation for priority land acquisitions, ex- that is about to take place. It is a state status from human rights, a decision changes, and maintenance to be identi- visit that involves champagne toasts that I have always said was a mistake, fied by the Department of the Interior and 21-gun salutes—all the trappings of we have seen the reimprisonment of and the Forest Service, and for which honor and prestige. While I do not op- dissidents and increased repression in the committees on appropriations will pose high-level contact, I feel strongly Tibet. The State Department human have final approval. The conference that the pomp and ceremony of a state rights report makes this very clear. agreement includes legislative lan- visit is inappropriate at a time when According to the report covering the guage establishing initial parameters the human rights situation in China calendar year 1996: and in Tibet remains such a serious ob- for the completion of the two large ex- The Government continued to commit changes. stacle to good relations. widespread and well-documented human Mr. President, it is my privilege and Simply put, it is my view that an of- rights abuses, in violation of internationally great pleasure to serve as the ranking ficial state visit is premature, absent a accepted norms, stemming from the authori- member at the side of our very able stronger commitment from China to ties’ intolerance of dissent, fear of unrest, S11258 CONGRESSIONAL RECORD — SENATE October 28, 1997 and the absence or inadequacy of laws pro- Republic of China who are thrown into truth from facts.’’ Well, the fact is that tecting basic freedoms . . . Abuses included prison cells for demanding democracy, China denies its citizens the very torture, and mistreatment of prisoners, organizing prayer meetings, or for sim- rights that the Government has vowed forced confessions, and arbitrary and lengthy ply displaying loyalty to the Dalai to protect. incommunicado detention. Prison conditions remained harsh. The Government continued Lama. These people might not be as fa- I would like to ask Mr. Jiang if his severe restrictions on freedom of speech, the mous and Mr. Wang and Mr. Wei, but government ever intends to grant its press, assembly, association, religion, pri- they show the same type of courage, citizens the rights that, according to vacy and workers rights. and they are every bit as important. his country’s own Constitution, Chi- Just one year ago, we were witness to Mr. President, there are three key nese citizens should already enjoy. Or yet another example of these policies messages on human rights that Jiang will China’s article 35 remain a mean- when Wang Dan, one of the leaders of Zemin must hear loud and clear while ingless provision, subject to endless ca- the 1989 pro-democracy demonstrations he is in Washington. veats about the need for state security, in Tiananmen Square, was sentenced to First, Jiang Zemin must realize that social stability, and the rights of the 11 years in prison. Also last December, people who care about conditions in collective? Will China continue to say a Beijing court sentenced activist Li China seek more than the release of a it upholds the Universal Declaration of Hai for collecting infomation on those token dissident or two. China likes to Human Rights, even though it system- jailed after the 1989 Tiananmen mas- play a game where people like Wei atically violates so many of the dec- sacre. Jingsheng are used as bargaining chips laration’s principles? The situation is just as bad in Tibet. in the PRC’s effort to curry favor with If the United States can demand that Last year, China arrested Ngawang the international community at key China fulfill its obligations under the Choepel, a Tibetan musicologist and moments. We saw this in 1993, when international arms control regime, Fulbright scholar, and sentenced him China tried to win a bid to host the then the United States should be able to 18 years in prison on trumped-up spy year 2000 Olympic Games. Just a week to demand just as strongly that Beijing charges. China has also intensified its before the International Olympic Com- keep its obligations under inter- campaign to smear the Dalai Lama, mittee was to vote on the matter, national human rights agreements. the spiritual leader of the Tibetan peo- China released Wei Jingsheng. As we Third, Jiang Zemin should know that ple and a Nobel laureate. Tibetans are all know, Beijing lost the bid and, a those of us—in the United States and not even free to display a photo of the few months later, Wei Jingsheng was around the world—who demand im- Dalai Lama, much less show reverence back in prison, on charges of subver- provements in human rights are not for him. There have been numerous re- sion. trying to impose American or Western ports of Tibetan monks and nuns suf- We saw this again in 1995 when China values on China, nor are we demanding fering torture at the hands of Chinese suddenly decided to release Chinese- that China be perfect according to authorities. The State Department American human rights activist Harry some kind of American ideal. That human rights report cites three recent Wu shortly before the First Lady was would not be appropriate. cases of Tibetan monks who died while to arrive to address the U.N. women’s China does often point to many flaws in jail. conference. in American society: The high crime Mr. President, despite signing two But, the United States should not get rate and the lingering problems of pov- formal agreements with the United caught in this cynical game. erty and drugs. China’s official media States on prison labor, Chinese prison- For there to be true friendship be- often refers to the United States politi- labor products continue to appear on tween the United States and China, cal system as a ‘‘money bags democ- our shores. Tong Yi, who worked as an China must implement across-the- racy.’’ Indeed, proponents of campaign assistant to Chinese dissident Wei board and institutional changes such finance reform, like myself, find some Jingsheng, knows the prison labor sys- as strengthening the rule of law and al- validity in that Chinese assessment. tem first hand. Released just last year lowing citizens to question government But what Chinese leaders do not after serving a 21⁄2-year sentence of re- policy without fear. Jiang Zemin and seem to understand is that being open education through labor—a sentence other Chinese leaders must realize that about your problems is a sign of she received, by the way, without the United States-China relations will strength, not weakness. China lacks benefit of any kind of trial—Ms. Tong never reach their full potential so long even the ability to acknowledge its se- says she was forced to work endless as hundreds, if not thousands, of dis- vere human rights problem. Those of us hours making products for export. sidents languish behind bars; so long as that wish to promote human rights im- In the rush to reach agreements with Tibetan Buddhists are subject to arrest provements want to encourage China China on WTO and proliferation, the and torture; and so long as citizens are to establish the tools—a free press, United States cannot shove human not free to select their rulers. open debate, and respect for political rights aside. While the United States Second, the United States must and religious minorities—that will ul- can and does talk tough on issues such make clear to Jiang Zemin that the timately make China a stronger soci- as trade and intellectual property pro- United States will not allow China to ety and nation. tection, we must do the same when the redefine the concept of ‘‘human rights’’ Mr. President, protecting human conversation turns to Tiananmen and in a way that makes the term mean- rights, respecting free speech, and tol- Tibet. ingless. erating dissent will bestow more legit- In the run-up to the summit, Mr. China’s leaders have stated numerous imacy on China than any summit or Jiang has given several interviews dur- times that the Peoples Republic of White House photo-op could ever do. ing which he made some disturbing China is committed to upholding the This is what Jiang Zemin needs to comments on human rights. 1948 Universal Declaration of Human hear. When Time magazine asked Jiang Rights. This document affirms the Mr. President, I yield the floor. Zemin about the plight of political dis- right of every human being to enjoy f sidents Wang Dan and Wei Jingsheng, freedom of expression, freedom of reli- Jiang responded that Wang and Wei are gion, and freedom of peaceful assem- DEPARTMENT OF THE INTERIOR criminals, not dissidents. Indeed, it is a bly. There is no special exception for AND RELATED AGENCIES APPRO- crime in China to publicly and peace- China or any other country, nor should PRIATIONS ACT, 1998—CON- fully criticize the Government as Mr. there be. FERENCE REPORT Wang and Mr. Wei have done. Furthermore, article 35 of China’s The Senate continued with the con- Mr. Jiang is willing to dismiss ques- own Constitution states that ‘‘Citizens sideration of the conference report. tions about human rights because he of the People’s Republic of China enjoy Mr. MURKOWSKI. Mr. President, likely thinks U.S. concerns extend to freedom of speech, of the press, of as- may I inquire whether or not there is a only a few high-profile dissidents. But, sembly, of association, of procession, time allocation under the standing or- in fact, Wei Jingsheng and Wang Dan and of demonstration.’’ ders of the Senate? are merely symbols of the hundreds, if China’s late paramount leader Deng The PRESIDING OFFICER. The Sen- not thousands, of people in the People’s Xiaoping was found of saying ‘‘seek ator has been allocated 15 minutes. October 28, 1997 CONGRESSIONAL RECORD — SENATE S11259 Mr. MURKOWSKI. I thank the Chair. avoid a Federal takeover, based specifi- with no accountability to Alaskans, Mr. President, as chairman of the cally on progress that was being made. should manage our fish and game. They committee with jurisdiction over many And, indeed, Mr. President, there was a are responsible to the people of Alaska. of the agencies funded by this appro- good deal of progress. And they are certainly accountable in priations bill, the Energy and Natural A task force was established by the Alaska as to managing the fish and Resources Committee, I rise to express Governor. That task force met several game. several concerns about the Interior ap- times and made its final recommenda- A subsistence solution I think must propriations conference report that is tions. The Alaska Federation of Na- follow four basic principles that must before us today. tives held a number of meetings and be laid down as objectives. Included in the conference report are came up with its seven-point proposals. First must be the protection of our numerous provisions that are impor- The State house resources committee resource. It must return and keep man- tant to my State of Alaska; none more held statewide hearings. And the State agement of fish and game to the State critical than language extending a senate held hearings in September. So of Alaska. moratorium preventing a Federal take- there was a good deal of evidence that It must provide all the subsistence over of the management of Alaska’s progress was being made. needs of rural Alaskans, and it must be fisheries until December 1, 1998. Perhaps this would have led to a spe- fair to all Alaskans. Mr. President, last year, the Alaska cial session and a resolve by the legis- This issue must be resolved while congressional delegation was success- lature, along with the input from the both Congressman DON YOUNG and I re- ful in temporarily preventing the Fed- AFN, to give all Alaskans an oppor- tain our respective chairmanships of eral Government from taking over the tunity to vote on the issue next year. the committees of jurisdiction on this management of our fisheries. That Unfortunately, there was no input by issue. Some have suggested we simply moratorium is about to expire. the legislature, the elected representa- repeal the Federal subsistence law. But If this conference report is not adopt- tives of the people. My fear is now that the Clinton administration, of course, ed, the Federal takeover is inevitable, some in our State, some Alaskans, will would oppose this and would undoubt- forcing the citizens of my State of have the unreasonable expectation that edly veto the bill. Even if we did, the Alaska to live with fisheries manage- future moratoriums can simply be ob- Secretary of the Interior, Secretary ment not seen since territorial days. tained by the delegation—we have done Babbitt, would still have the authority This is what statehood was all about, it before—and the State legislature to enforce a Native-only subsistence Mr. President, giving the people of would therefore have an excuse not to priority based on his trust responsibil- Alaska the authority to manage our finally resolve the issue. ities to Alaska Natives established by fish and game. We have just about The legislature will have a chance to Indian law. come full circle. receive input and provide recommenda- As I indicated earlier, we have made I cannot in good conscience turn the tions on the proposed amendments to more progress in the past year on re- clock back on all of the advances that title VIII of ANILCA. solving the subsistence issue than any we have made in 38 years since state- I tell the people of Alaska that it will time in the past. We have involved the hood. It is for that reason primarily be highly unlikely that we are going to Governor, the Natives, and the legisla- that I am inclined to vote for this con- see another moratorium legislated by ture in moving forward on this issue. ference report. Congress. The extension of the morato- These constructive actions are why I However, Mr. President, I want to ex- rium will provide the State legislature support the moratorium contained in press my objection to several areas, with an additional 14 months to work the conference report but object to the specifically in the process that has led toward a resolve on the subsistence process or lack thereof by which the to the inclusion of amendments to the issue. As I indicated, the legislature ANILCA amendments were included Alaska National Interest Lands Con- will have the chance to receive input without the input of the representa- servation Act, ANILCA, as a part of the and provide recommendations to the tives of Alaska; namely, the State leg- extension of the moratorium, as a con- proposed amendments of title XIII of islature. sideration for the moratorium, ANILCA. In the meantime, Mr. President, let Mr. President, several months ago Mr. President, as chairman of the En- me commend and support the ongoing the Secretary of the Interior, Mr. ergy and Natural Resources Commit- process in the State to come to a gen- Bruce Babbitt, informed the Alaska tee, my intention, after the State legis- eral consensus and put a solution on delegation that he would recommend a lature acts, is to conduct hearings here the ballot in November 1998 so that Presidential veto of another morato- in Washington to cover the context of Alaskans have the ability to vote on a rium extending the prohibition of the the language in the Interior appropria- final solution. This is an Alaskan issue, Department of the Interior to take tions bill and to receive input from the Mr. President. It mandates an Alaskan over the management of fish and game. legislature and the State of Alaska, na- solution. As chairman of the Senate The Secretary has now withdrawn tive groups, sportsmen’s groups, and Energy Committee, I stand ready to the veto threat, but only under the other interested parties on any further work on amendments to Federal sub- condition that a provision which effec- amendments to ANILCA title VIII that sistence in concert with Alaska. tively amends ANILCA title VIII be in- might be appropriate. KETCHIKAN HEALTH CARE cluded in this conference report. The Mr. President, avoiding a Federal Another item of note, Mr. President. provision also requires that the Alaska takeover of fish and game management I want to express my disappointment Legislature act and the people of Alas- is simply critical in my State. When that the conference report does not ka approve the changes in a referen- Alaska became a State, Alaskans were contain a provision that prevents the dum before the amendments to united in our desire to take over the Indian Health Service, IHS, from enter- ANILCA are effective. These amend- management of our fish and game. ing into two contracts for Native ments were worked out by Alaska’s Many Alaskans still have vivid memo- health care clinics in the community Governor, the Secretary of the Inte- ries of the disaster of Federal control. of Ketchikan, AK. This was a provision rior, and the chairman of the Appro- Alaska salmon runs plummeted to 25 that passed the Senate and would have priations Committee. I was not a party million fish with Federal bureaucrats prevented the Indian Health Service to these negotiations, and I believe in control in Washington, DC. Under from entering into those two contracts. that there were other options that State management, our runs are in- Mr. President, this is simply a waste of should have been explored. creasing and have approached 200 mil- taxpayers’ money. Nevertheless, Mr. President, rather lion in the last few years. Unfortunately, the Indian Health than a congressional moratorium, my Alaskans must act now by participat- Service declined to exercise their ad- hope specifically would have been for ing in a process and agreeing to a solu- ministrative discretion. Although I the Secretary of the Interior and the tion to prevent a Federal takeover of personally made contacts with the ad- Governor to have worked together so our fisheries and gaining back control ministrator, they refused to exercise that the Secretary could have applied of our game management. The State, their administrative discretion to con- to the court for an extension of time to not the elusive Federal bureaucrats tract with only a single facility. Had S11260 CONGRESSIONAL RECORD — SENATE October 28, 1997 IHS done so, it would have avoided Title V of H.R. 2107, as it emerged over of fish and game management and paying $500,000 a year in additional and from conference, differs dramatically I will therefore vote for the conference unnecessary administrative costs that from the bill which was passed by both report. will be borne by the America taxpayer the Senate Appropriations Committee ALASKA-SPECIFIC APPROPRIATIONS at the expense of health care, in my and the full Senate last month. Mr. President, although the exten- opinion, for Alaska Natives. As we in- First, the $100 million that the Sen- sion of the moratorium contained in crease our administrative funds that ate appropriated for the stateside Land this conference agreement is critical to leaves less for care. and Water Conservation Fund match- every Alaskan, there are several other Instead, Mr. President, the Indian ing grant program has been eliminated. provisions that should not go unno- Health Service ducked the cost issue, This is unfortunate. This program pro- ticed. hiding behind the policy of the Indian vides vitally needed matching funds for NPR–A: The conference agreement Self-Determination Act. They are State and local parks and recreation contains language amending the lease choosing to satisfy two Native entities projects. Unfortunately, for the fourth terms in the National Petroleum Re- rather than looking at ways to deliver year in a row, no moneys are provided serve which allows leases to be offered the most efficient and the best health for this program, which is universally for an initial period of not less than 10 care for the money. It seems incredible supported by mayors, Governors, envi- years. In addition, this provision al- that at a time when we have been slow- ronmental groups, and many others lows for an extension of the lease for as ing spending and other Federal health who care about park and recreation is- long as the oil and gas is produced in programs, Indian Health Service would sues. paying quantities. choose to waste money on administra- Second, title V appropriates Land Additionally, the change will allow tive overhead instead of making the and Water Conservation moneys to the lease holders to unitize, providing for tough health care decisions as to who Federal land management agencies for more efficient development of the is best qualified. uses not otherwise authorized by the NPR–A area if, in fact lease sales are The final conference report allows for Land and Water Conservation Act: offered next years. the possibility of two Native health namely, critical maintenance activi- PILT: The funding level for the pay- clinics to be operated within a couple ties and mitigation payments associ- ment in lieu of tax [PILT] program has of miles of each other in Ketchikan, ated with the Headwaters Forest and been raised from $113.5 to $120 million. AK. I still fail to see the logic of the New World Mine acquisitions. While I This is especially important for Alaska decision by IHS to authorize both clin- do not disagree that the money needs communities especially since Congress ics in a small community, and I intend to be appropriated for these purposes, I last year provided that communities to pursue this matter again with IHS. believe this sets a very dangerous within unorganized boroughs are eligible for PILT payments. STRATEGIC PETROLEUM RESERVE precedent for use of the Land and RS2477: The conference report also Further, Mr. President, another area Water Conservation moneys. makes clear that previous appropria- I want to address, is my dismay at the Finally, and most significantly, I ob- tions language preventing final rules or recent practice of using the strategic ject to the decision to authorize the regulations from taking effect regard- petroleum reserve, or SPR, as a piggy Headwaters Forest of New World Mine ing the validity or recognition of bank. The trend continues in this acquisitions on the appropriations bill. RS2477 claims is, in fact permanent year’s Interior appropriations bill. It doesn’t belong there. It belongs in Last year we sold oil in the SPR that the authorizing committee. This deci- law. Glacier Bay: The conference report cost $33 a barrel for $18 to $20 a barrel. sion is clearly within the purview of also ensures safer access to Glacier Bay As a result, we lost the taxpayers al- the Energy and Natural Resources National Park for those people who use most half a billion dollars. But it Committee and not the Appropriations the ferry from Juneau, including the doesn’t look like we have learned our Committee. If appropriators are al- handicapped and elderly. lesson. lowed to circumvent the authorizers as Stampede Mine: Mr. President, I The fiscal year 1998 Interior appro- blatantly as they have tried, then what must commend the appropriators for priations bill sells another 207.5 million role are authorizers, all authorizing also including a provision that allows, dollars worth of SPR oil, a sale that committees, to play in future Con- after 10 years, that the University of will cost the taxpayers an additional gresses? Alaska will finally get just compensa- $170 million. Nonetheless, I again commend Sen- tion for mining properties that the Buying high and selling low never ator GORTON and Senator STEVENS, Park Service destroyed. makes sense. I wonder if we are like along with the majority leader, for en- Spruce bark beetle: Also included in the man in the old joke who is buying suring that the members in my com- this conference agreement is an appro- high and selling low, claiming ‘‘he mittee are provided a meaningful op- priation of $500,000 to the U.S. Forest would make it up on volume.’’ This is portunity to review the authorizations Service to work with the stakeholders a complete waste of taxpayers’ money, contained within the bill. I intend to in Alaska to develop an action plan to and it must be stopped. hold them to their commitment to pro- manage the spruce bark beetle infesta- PRIORITY LAND ACQUISITIONS AND EXCHANGES vide the supplemental appropriations tion in south-central Alaska, and to re- Finally, Mr. President, as chairman bill as a vehicle for any amendments to habilitate the infested areas. of the Energy and Natural Resources this authorization reported by the Appendix C: The conferees have also Committee, I have taken an active in- committee. provided a 1-year extension for five terest in how the additional $700 mil- I also appreciate the fact that the au- small villages in the Lake Clark area lion from the Land and Water Con- thorization requires the administration of Alaska to file a lawsuit regarding servation Fund is appropriated for pri- to perform appraisals on these acquisi- lands these villages were promised ority lands acquisitions and exchanges. tions and provides time for Congress to more than 20 years ago under ANSCA. I have strongly advocated appropriat- review the appraisals before the funds Kantishna: Language is also included ing moneys from the fund in a manner appropriated for the acquisitions are in the conference report that provides consistent with the terms and the spir- released. The American taxpayers are both claim owners in the park and the it of the Land and Water Conservation entitled to know whether or not the National Park Service with an expe- Act. Headwaters Forest and the New World dited mechanism to resolve these I want to express my disappointment Mine purchases are the great deals that claims. Consenting owners will be al- with how this money was ultimately the Clinton administration claims. lowed to obtain compensation 90 days appropriated. However, I do want to Mr. President, this is a flawed con- after enactment of this act. However, commend my good friend, Senator ference report. But I cannot turn my taking matters will be left to the par- GORTON, and his extraordinary staff for back on the people of Alaska and vote ties or the court system to resolve. a job well done and to thank him for against it because there are many pro- Red cedar: I am also pleased that in the efforts that he took to accommo- visions that benefit the people of my working with Senator PATTY MURRAY, date my concerns with these provi- State. Most importantly, this con- we were able to foster greater utiliza- sions. ference report prevents a Federal take- tion of Alaska red cedar and achieve October 28, 1997 CONGRESSIONAL RECORD — SENATE S11261 greater efficiency in Tongass timbers can attest, I objected to this decision er value from moneys’’ appropriated sales in general. and was, at best, an unwilling partici- from the LWCF. Forest Service: This conference re- pant in the process to authorize these While this $100 million appropriation port also provides direction to the U.S. acquisitions on H.R. 2107. I am left to would only have met a fraction of the Forest Service that it not waste any wonder what role the authorizing com- demand for stateside LWCF matching money on expensive forest planning re- mittees, and the Senate for that mat- grants, it would have helped to restore visions until new regulations concern- ter, are to play in the writing of the the historic balance between the State ing forest planning are issued. laws which authorize the spending of and Federal sides of the LWCF. With TITLE V—PRIORITY LAND ACQUISITIONS AND the taxpayers money and the manage- the action of the Clinton administra- EXCHANGES ment of the public’s lands. The con- tion and the Congress to shut down the As chairman of the Energy and Natu- ferees did include requirements which stateside LWCF matching grant pro- ral Resources Committee, I rise today will provide the authorizing commit- gram in fiscal year 1996, the LWCF has to speak about title V of H.R. 2107. tees with an opportunity to conduct become a Federal-only land acquisition Throughout the appropriations process, meaningful review of the acquisitions program. The balance created by the I have taken an active interest in the and provide protections to the Amer- LWCF Act—between the State and additional $700 appropriation from the ican taxpayers. local communities and the Federal Land and Water Conservation Fund STATESIDE LWCF MATCHING GRANT PROGRAM Government; between urban and rural [LWCF] for priority land acquisitions The stateside LWCF matching grant communities; between the Western and and exchanges. While I am dis- program is one of two purposes for Eastern States—for the acquisition of appointed with how this money was ul- which LWCF moneys can be appro- outdoor recreation resources has been timately appropriated, I want to com- priated. The LWCF Act recognizes that lost. As I have expressed before, I believe the loss of this balance is a tragic mend Senator GORTON and his staff for a significant portion of the annual a job well done and thank him for the LWCF appropriation will be spent on mistake and only serves to increase the efforts he took to accommodate my the stateside matching grant program already significant pressure on the Federal Government to meet the recre- concerns with these provisions. and, before the 1976 amendments to the Since last spring, I have strongly ad- LWCF Act, mandated that 60 percent of ation demands of the American public. Unfortunately, H.R. 2107 compounds vocated appropriating moneys from the the annual LWCF appropriation go to this imbalance. LWCF in a manner consistent with the the stateside LWCF matching grant As chairman of the Energy and Natu- terms, and spirit, of the LWCF Act. program. The LWCF Act now implies ral Resources Committee, I plan to The LWCF provides funds for two pur- such an appropriation by specifying continue in the 2d session of the 105th poses: the purchase of Federal land by that ‘‘not less than 40 percent of [the Congress, my efforts to reinvigorate the land management agencies—the annual LWCF] appropriations shall be the stateside LWCF matching grant Federal-side LWCF Program—and cre- available for Federal purposes.’’ 16 program. I intend to work with the ates a unique partnership among Fed- U.S.C. 460l–7. members of the Interior Appropriations eral, State, and local governments for Stateside LWCF matching grants Subcommittee to fund the stateside the acquisition of public outdoor recre- have played a vital role in providing LWCF matching grant program in fis- ation areas and facilities—the state- recreational and educational opportu- cal year 1999. I also will search to find side LWCF matching grant program. nities to millions of Americans. State- a permanent source of funding for the Title V of H.R. 2107, as passed by both side LWCF matching grants have stateside LWCF matching grant pro- the Senate Appropriations Committee helped finance well over 37,500 park and gram so that this annual appropria- and the full Senate, appropriated recreation projects in all 50 States, in- tions battle can be avoided. The state- LWCF moneys for both of these pro- cluding campgrounds, trails, and open side LWCF matching grant program is grams. In that bill, $100 million was ap- space. While trips to our national too important to the America people propriated to the stateside LWCF parks create experiences and memories for Congress to do anything less. matching grant program, with the re- which last a lifetime, day-in and day- FEDERAL USE OF THE LWCF mainder appropriated for Federal land out, people recreate close to home. In The LWCF Act also authorizes LWCF acquisitions and land exchanges, in- fiscal year 1995, the last year for which moneys to be used by the Federal land cluding $250 million for the purchase of the stateside LWCF matching grant management agencies to acquire prop- the Headwaters Forest in northern program was funded, there were nearly erty, otherwise authorized by Congress. California and $65 million for the pur- 3,800 applications for stateside grants. Congress envisioned that a substantial chase of the New World Mine property Unfortunately, there was only enough part of the LWCF moneys allocated for outside of Yellowstone National Park. money to fund 500 projects. In the in- Federal land acquisition should go to- Both of these acquisitions, which were tervening 3 years, the local and State ward the purchase of privately owned requested by the Clinton administra- demand for those resources only has in- inholdings within the authorized tion, were made contingent on the en- creased. boundaries of national parks, forests, actment of separate authorizing legis- That is why stateside LWCF match- and refuges. lation. They are not land acquisitions ing grants are so important. Stateside Moreover, because the LWCF Act was otherwise authorized by the LWCF Act LWCF matching grants help address enacted to establish a funding mecha- and raise substantial land policy ques- the highest priority needs of Ameri- nism for the acquisition and develop- tions which reach well beyond the cans for outdoor recreation. At the ment of outdoor recreation resources, property being acquired. same time, because of the matching re- LWCF moneys generally must be spent Unfortunately, in conference, the quirement for stateside LWCF grants, to purchase such lands. The Bureau of Senate’s efforts to reinvigorate the they provide vital seed-money which Land Management only can use LWCF LWCF were undermined. While the local communities use to forge part- moneys to purchase lands which are total commitment from the LWCF in- nerships with private entities. primarily of value for outdoor recre- cluded in this bill is by the far the larg- Unlike the Clinton administration, ation purposes. 43 U.S.C. 1748(d). Simi- est in nearly two decades, no money is and its House counterparts, the Senate larly, in the absence of a specific au- provided for the stateside LWCF Interior Appropriations Subcommittee, thorization, the National Park Service matching grant program. At the same and the Senate, recognized the value of only can use LWCF moneys to acquire time, the LWCF moneys appropriated the stateside LWCF matching grant inholdings within national parks for to the Federal land management agen- program and appropriated $100 million outdoor recreation purposes. 16 U.S.C. cies are authorized for uses inconsist- to the program over the next 4 years. 460l–9(a)(1). Limitations also exist with ent with the LWCF Act. The Senate Interior Appropriations respect to Forest Service and Fish and Moreover, the conferees chose to au- Subcommittee noted, in its report, Wildlife Service use of LWCF moneys. thorize the acquisition of the Head- that ‘‘resource protection is not solely However, even with these limita- waters Forest and New World Mine the responsibility nor the domain of tions, the demand for LWCF moneys is property in this appropriations bill. As the Federal Government, and that significant. The four Federal land man- anyone involved with the conference States can in may cases extract great- agement agencies have identified more S11262 CONGRESSIONAL RECORD — SENATE October 28, 1997 than 45 million acres of privately from any personal opposition to these property is less than $50 million but owned lands lying within the bound- purchases. I have repeatedly stated the Federal Government has agreed to aries of Federal land management over the past 6 months that I have not a $65 million purchase price. units, including national parks, na- formed an opinion on whether or not As to the Headwaters Forest, there is tional forests, and national wildlife ref- these properties warrant inclusion in enormous discrepancy as to the prop- uges. the Federal estate because I, and the erty’s value. The owner contends the These inholdings increase the operat- members of my committee, do not property now has a value of close to $1 ing and management costs of the land know enough about the acquisitions to billion. A 1993 Forest Service appraisal management units. Much of this acre- even form an opinion on their merits. values the property at $500 million. age is small isolated parcels which Bills authorizing these acquisitions However, a 1996 analysis of the prop- complicate overall resource planning. have never been introduced in the Sen- erty conducted for the Department of These inholdings increase the time and ate and my requests for information Justice concludes that the property cost of management as Federal land from the administration over the past has a value between $20 million, apply- management agencies must maintain year have been largely ignored. On sev- ing current environmental restrictions, the boundaries, monitor illegal uses, eral occasions I have come to the Sen- and $250 million, without any environ- enforce use restrictions, process re- ate floor to voice my concerns about mental restrictions. The Federal Gov- quests for special uses, address trespass these acquisitions, but even these ef- ernment and the State of California issues, in addition to many other man- forts have failed to get the attention of have agreed to purchase the Head- agement responsibilities. At the same the administration. It is this very lack waters Forest for $380 million. time, many of these inholders have of information and cooperation, and To further exacerbate this situation, been waiting decades to receive prom- the resulting unanswered questions the Federal tax consequences of the ised compensation from the Federal about the acquisitions, which I believe Headwaters Forest acquisition have Government for their property. counseled against authorizing these not been considered. The sale of the The National Park Service alone, in purchases absent a thorough, and open, Headwaters Forest is conditioned upon its fiscal year 1998 budget request, esti- review by the authorizing committees. the current landowner receiving a rul- mates that the cost to acquire all the Nonetheless, the appropriators chose ing from the Internal Revenue Service private land identified for acquisition to proceed differently. And, while I dis- that it can take as a business loss the within the authorized boundaries of the agreed with this decision, I again difference between the appraised value units of the National Park System, ex- would like to thank Senator GORTON of the property and the Federal pur- cluding the Alaska parks, is $1.5 bil- for his efforts to ensure that the au- chase price. The Headwaters Forest ac- lion. Obviously, the costs to purchase thorizations contained in H.R. 2107 pro- quisition will cost the American tax- these private lands will only increase, tect the role of the authorizing com- payers hundreds of millions of dollars Nonetheless, despite this significant mittee and the interests of the Amer- in lost tax revenues, in addition to the demand for Federal land acquisition ican taxpayer. $250 million cash purchase price. dollars and the costs associated with The conferees provided this protec- In the absence of the appraisal re- inholdings, the conferees have chosen tion by prohibiting expenditure of the quirements, Congress would have found to allow LWCF moneys to be spent on appropriated funds for 180 days. During itself in the uncomfortable position of uses not otherwise authorized by the this time, if no separate authorizing appropriating sums for Federal land LWCF Act—critical maintenance by legislation is reported, the acquisitions purchases without any idea whether or the four Federal land management will proceed according to the author- not the purchases were good deals for agencies. The LWCF Act does not au- izations contained in H.R. 2107. The Ap- the American taxpayers. This is what thorize any agency—Federal, State, propriations Committee has committed the Clinton administration sought. The local to use LWCF moneys for oper- to allow any authorizing language re- Clinton administration wanted Con- ations and maintenance activities. The ported by my committee or the House gress to ratify the purchase prices for conferees also authorized $22 million in Resources Committee to be attached to the New World Mine property and mitigation payments to Humboldt the fiscal year 1998 supplemental ap- Headwaters Forest in order to avoid County, CA, and the State of Mon- propriations bill. complying with the Uniform Reloca- tana—again, a use not otherwise au- During the 180 day review period, the tion Assistance and Real Property Ac- thorized by the LWCF Act. Secretary of Agriculture and the Sec- quisition Act—the act which requires a I am troubled by these decisions retary of the Interior are to provide fair market value appraisal of any pri- which set a dangerous precedent by ex- Congress with fair market value ap- vate property to be acquired by the panding the purposes for which LWCF praisals for both properties. This re- Federal Government. By requiring the moneys can be spent. LWCF moneys quirement is critical to protect the completion of appraisals before the ex- not spent on the Headwaters Forest American taxpayers. The most signifi- penditure of the appropriated funds, and New World Mine acquisitions cant unanswered questions about both Congress can determine for itself, and should be limited to the purchase of properties concern their fair market the American taxpayer, the fair mar- private land now owned by willing sell- value. Because the purchase prices for ket value of these properties. ers within the authorized boundaries of both the Headwaters Forest and the The authorizations contained in H.R. existing land management units, con- New World Mine property were the re- 2107 also require Secretary of the Inte- sistent with the terms of the LWCF sult of negotiation and dependent, in rior, with respect to the Headwaters Act. part, on other terms, the actual fair Forest acquisition, and the Secretary HEADWATERS FOREST/NEW WORLD MINE market value of the properties is un- of Agriculture, with respect to the New AUTHORIZATIONS known. The appraisals must comply World Mine acquisition, to submit re- The conferees also decided to author- with the Department of Justice ‘‘Uni- ports to Congress 120 days after enact- ize the Headwaters Forest and the New form Appraisal Standards for Federal ment of H.R. 2107. These reports must World Mine acquisitions in H.R. 2107. Land Acquisitions,’’ along with other detail the status of the conditions im- While the Clinton administration has applicable laws and regulations. The posed in H.R. 2107 on the acquisitions. conceded that these acquisitions need Comptroller General of the General Ac- The reports also will provide informa- specific authorizations, I strongly be- counting Office also must evaluate tion which Congress can use in review- lieve that such authorizations should both appraisals. In that review, the ing the acquisitions. not be included in an appropriations Comptroller General should examine One of these conditions, imposed on bill. Rather, such authorizations the methodology and data used in the the Headwaters Forest acquisition, is should be the subject of separate legis- appraisals. the issuance of a incidental take per- lation which has gone through the reg- With respect to the New World Mine, mit under the Endangered Species Act ular authorization process. an appraisal is already required pursu- based on an acceptable habitat con- I want to reiterate that my unwill- ant to the August 1996 agreement. A servation plan [HCP]. There currently ingness to embrace authorizing these 1995 National Park Service report esti- are a number of questions about the two acquisitions on H.R. 2107 comes not mates the fair market value of the status of the Headwaters Forest HCP. October 28, 1997 CONGRESSIONAL RECORD — SENATE S11263 The Agreement to purchase the Head- and Natural Resources Committee will contracts on the New York Mercantile waters Forest requires that the Federal undertake, in good faith, a thorough Exchange, or NYMEX. Government and the property seller review of the purchases and, if nec- Concerned about the fairness of the agree to an HCP for timber harvesting essary, report out changes to the au- proposal and the fiscal impacts of an activities which will occur on the re- thorizations contained in H.R. 2107 at ill-considered rule, the managers of the maining 200,000 acres owned by the the beginning of next year for inclusion appropriations bill have charged the company. In fact, because of difficul- in the fiscal year 1998 supplemental ap- MMS to continue to meet with rep- ties in negotiating an acceptable HCP propriations bill. My goal is to ensure resentatives of affected states and of for this property, the timber company that, despite the uncommon cir- Federal leesees. Those meetings should sued the Federal Government. Because cumstances which have led us to this be conducted in a manner to permit a of the significance of the HCP, within point, Congress and the American peo- full, careful airing of MMS’s proposal 60 days of enactment of H.R. 2107, the ple can have confidence in the deci- and the several alternatives that have Secretary of the Interior and the Sec- sions to acquire Headwaters Forest and been recommended by States and pro- retary of Commerce must report to the New World Mine properties. ducers. More importantly, those meet- authorizing committees on scientific DENALI MINING ACQUISITIONS ings should be conducted in a manner and legal standards and criteria for Today, the Senate will agree to pas- designed to move the stakeholders in species used to develop the HCP. All of sage of the conference report for H.R. this issue toward consensus. these issues will be examined during 2107, the Interior appropriations bill for MMS has begun the process of con- the 180-day review period. fiscal year 1997. Contained within this tinued consultation by holding a series There are questions, with respect to bill is a provision dealing with mining of workshops in October. I am aware the New World Mine acquisition, about claims in Denali National Park. As that Secretary Babbitt has received the amount of land or interests in land chairman of the authorizing committee sharp criticism from some who portray the Federal Government will be acquir- for Department of Interior activities, I these meetings between MMS, States, ing. The mining company, which regret that the Department has de- and producers as backroom sessions, agreed to sell, owns, or has under lease, layed resolution of this issue until this even though notice of those meetings interests in nearly 6,000 acres outside year. I would prefer to see stand-alone was published in the Federal Register of Yellowstone National Park. How- legislation to enact this provision in inviting the public to attend. Those ever, the mining company only has fee order to allow those affected by re- critics, however, have already pre- title to 1,700 acres. The remainder is peated Park Service delays to be able determined that MMS’s NYMEX-price unpatented mining claims. The owner- to testify on the record about them. proposal is the only correct way to ship situation is further complicated Those Denali inholders who wished to value royalty and that MMS must by the fact that most of the interests sell their inholdings to the Park Serv- adopt it immediately. in the 6,000 acres are owned by a third ice have waited for just compensation The workshops MMS has begun are in party not a signatory to the agreement for some time in some cases. Many fact the beginning of the detailed con- with the Federal Government. In con- inholders have been forced to abandon sultation the managers have directed versations, the mining company has their claims in order to avoid paying the agency to undertake. From state- stated that this third party has agreed the annual maintenance fee. Others ments made by representatives of the to forego her rights to develop the min- have lost their claims due to payment MMS and of producers, I gather that eral reserves of the property for some of this fee only days late. This is not there is disagreement over whether the undisclosed price but that she will re- the way to treat Alaskans and it is my current regulations need amending to tain her surface rights. There has been personal belief that a taking occurred address recent concerns, and signifi- no written verification of this arrange- long ago. As such, the date of taking cant disagreement over how to amend ment and it remains unclear exactly has not been fixed by this provision. them if amendment is needed. Accord- what interests and interests in land the As required by section 202(3)(b) of the ing to statements made by MMS rep- Federal Government will acquire for Alaska National Interest Lands Con- resentatives, its rulemaking proceed- the $65 million purchase price. Again, servation Act, a study of the mineral ings arose because of the agency’s con- this information needs to be provided values of this area was completed in cern that the current regulations al- to Congress so that it can be examined 1983. This study, known as the DOWL lowed large, integrated oil companies during the 180-day review period. report, clearly identifies the high min- to value royalties by using their own My committee also will evaluate the eral values of the claims in question. posted prices, the prices they publicly long-term management plans for the With the passage of this legislation, it state they will pay to purchase oil properties. Who will manage the prop- is my hope that the courts will use this from third parties. erties? For what purposes? At what congressionally authorized report as a The workshops MMS has begun are costs? With respect to the Headwaters guide to determining the proper valu- the first real effort directly to address Forest acquisition, how will manage- ations. and fix the problems MMS and State ment responsibilities be divided be- It is my intent to continue to oversee representatives have identified from tween the Federal Government and the the Park Service’s activities in regards their audits. I was disappointed to State of California? With respect to the to this provision to ensure that a reso- learn, however, of MMS’s announce- New World Mine property, how will lution to this problem is finally ment that the workshops would be lim- other mineral containing private prop- reached. I hope that a nearly 15-year- ited to 30 days. While the managers ex- erty outside Yellowstone National old problem will finally be resolved. pect the agency to continue to work Park be treated? Should the Federal Mr. President, for the record I wish with dispatch, the haste of the work- Government be acquiring those prop- to clarify an important point regarding shops evidently has resulted from po- erties in order to prevent other mineral the appropriations bill for the Depart- litical pressure MMS is receiving from development in this area? While an ef- ment of the Interior. That point con- certain quarters. A few workshops in 30 fort has been made to address, at least cerns the Minerals Management Serv- days cannot adequately explore how to partially, some of these questions in ice’s rulemaking proceedings on the restore confidence in all quarters that the context of an authorization on H.R. valuation of crude oil from Federal oil the royalty valuation program is fairly 2107, a number of them remain unan- and gas leases, proceedings which have collecting the full value of production swered and need to be analyzed in been underway since January of this at the lease. greater depth. year. Those proceedings began with a For my part, I intend to ensure that Again, I would have preferred exam- proposed rule to replace the longstand- the agency carries out the charge the ining the acquisition of the Headwaters ing practice of valuing crude oil royal- managers have given it. If necessary, I Forest and the New World Mine prop- ties at the lease where the oil is pro- will hold oversight hearings next year erty through the usual authorization duced with a new system—a system to assure that the agency explains why process; thereby, respecting the roles under which valuation for oil from any the current regulations are not work- of the appropriation and authorizing Federal lease anywhere in the country ing, that it explains how whatever al- committees. Nonetheless, the Energy would begin with prices bid for future ternative it then is pursuing assures S11264 CONGRESSIONAL RECORD — SENATE October 28, 1997 that the public is receiving royalties Mr. BUMPERS. The committees? There are going to be some jobs lost, based on the fair market value of the Mr. GORTON. Yes. and so on, that they would have other- oil at the lease, and that it reports on Mr. BUMPERS. Right. wise gotten. Now, if the Governor of its efforts to resolve the issues by con- Now, there is a provision in here that Montana is smart—and I assume he sensus. says Headwaters Forest must be ap- is—he is not going to negotiate very se- Mr. BUMPERS. Mr. President, I have praised, through a normal appraisal, riously on this for $10 million because authority from Senator BYRD to yield the appraisal submitted to the GAO he knows if there is no agreement, he myself time on this. within 30 days, et cetera. gets the Otter Creek tracts. The Otter The PRESIDING OFFICER. The Sen- My question is, if the appraisal came Creek tracts are estimated to have a ator from Arkansas is recognized. out that the Headwaters Forest was value of $4.26 billion. Mr. BUMPERS. Mr. President, I will worth more than $250 million, would Now, if the U.S. Government were to engage the distinguished manager of the President have the authority to lease those lands to somebody under the bill in a short colloquy, but let me spend more money out of the Land and the Mineral Leasing Act, we would start off by saying that there are parts Water Conservation Fund to pay the charge them a 12.5-percent royalty. of this bill that are confusing because appraised price? Half of the royalty from that coal any bill of this magnitude obviously Mr. GORTON. I do not believe so. I would go to the State of Montana and has some things that are hard to under- believe that the President, the admin- the other half would go to the Federal stand without knowing precisely what istration, believes it has a binding con- Treasury. If the Governor of Montana was intended. These are fairly arcane tract under which it would not have to is very shrewd, and he can bottle up ne- questions, usually not very entertain- pay more even though the appraisal gotiations and not take the $10 million, ing to anybody except those of us who came out higher, more than the $250 which most people assume he is going deal with issues affecting the Forest million. to be getting, and the State of Mon- Service and the Department of the In- Mr. BUMPERS. So we are only au- tana will wind up with the Otter Creek terior. thorizing under this bill, and subject to tracts and own all the coal outright Question No. 1. As I understand it, the 180 days within which the commit- * * * not just get the 12.5-percent roy- the U.S. Government will pay $250 mil- tees have to act, we are only authoriz- alty. Does the Senator from Washing- lion for the Headwaters Forest as pro- ing the expenditure of $250 million for ton know what the Federal share of the vided in the bill; correct? Headwaters Forest? royalty from this coal would be? Mr. GORTON. Correct. Mr. GORTON. Correct. Mr. GORTON. No. Mr. BUMPERS. There is a provision Mr. BUMPERS. If the appraisal came Mr. BUMPERS. It is $266 million. in the bill that says before the Presi- out more than that and Mr. Hurwitz Does that disturb the Senator? Assum- dent can spend that money, the $315 decided he wanted the appraised value, ing my figures are correct, would that million, which includes both the New we could not pay him the appraised disturb the Senator from Washington? Mr. GORTON. Well, one has to as- World Mine and the Headwaters Forest, value; is that correct? sume—if you take an assumption that before the President can spend that Mr. GORTON. The administration the gross revenues are going to be x money to acquire those two properties, could not without coming back to the dollars and that a royalty agreement the authorizing committees of the Congress. Mr. BUMPERS. On another subject, would be 12.5 percent of x dollars, then House and the Senate have 180 days you simply have an arithmetic calcula- Mr. President. With regard to the pay- from the date of enactment of this bill tion. There are wide differences of ment to the State of Montana, there is in which to take action. If they take no opinion as to the value of those tracts. a provision in this bill—and I will not action, presumably the President For example, the demand from the read the whole provision—but it says would be authorized to go ahead and State of Montana, through its junior essentially that not later than January make the purchase? Senator and its Congressman, were for 1, the year 2001, but not prior to 180 Mr. GORTON. The Senator is correct. twice this amount of money. It seems days from enactment—the Secretary Mr. BUMPERS. The second question: to me that there were losses to the and the Governor of Montana will ne- Do the authorizing committees have State of Montana and that this was an gotiate with the understanding that the authority under this bill to deter- appropriate transfer. I think I would mine additional conditions under the Federal Government owes them $10 have had a very different view, person- which the money can be spent? million in mineral resources for the ally at least, toward the transfer had Mr. GORTON. Only by reporting a loss of the New World Mine; is that es- this transfer been from the people— bill and having that bill passed and sentially correct? that is to say, the United States of signed by the President. Mr. GORTON. Owes them a minimum America—to some private entity. As it Mr. BUMPERS. Now, if the President of $10 million. is, it is a transfer not to the Governor were to veto the bill, because it con- Mr. BUMPERS. A minimum? of the State of Montana, as we tend to tained some fairly stringent conditions Mr. GORTON. They could negotiate a personalize this, but to the State. It re- that he found odious and the Congress higher figure than that. mains a limited public asset, but a pub- did not override it, would the President Mr. BUMPERS. That brings me to lic asset nevertheless. Now, this was a still have authority to go ahead and the point. If the Secretary and the matter which consumed a considerable make the purchase? Governor of Montana cannot agree amount of time. Mr. GORTON. He would. prior to this date on something similar Mr. BUMPERS. I know it was. Mr. BUMPERS. Another question: to $10 million, then the Governor of Mr. GORTON. In negotiations over We appropriate $700 million in this bill Montana is within his right to demand this, it was set up, very bluntly—and I from the Land and Water Conservation the so-called Otter Creek tracts, which can put this on the record because it is Fund; is that correct? are tracts of land with a considerable obviously the case—so that if the Mr. GORTON. $699 million. amount of coal underneath them; is President feels that is somehow or an- Mr. BUMPERS. That is close enough. that correct? other totally unwise and doesn’t mind So, the $699 million we are appro- Mr. GORTON. The Senator is correct. making the government of the State of priating, under current law, the appro- Mr. BUMPERS. Now, I wonder if the Montana unhappy, this provision is priate agencies, the Forest Service or Senator has seen some figures provided subject to a line-item veto. It was set the Department of the Interior, would by the Greater Yellowstone Coalition up in that fashion. The President have the right to spend other funds un- as to what the Otter Creek tracts are doesn’t have to veto the whole bill or related to Headwaters Forest and the worth. Let me preface that statement the whole $700 million in the land and New World Mine to make the normal by saying I think the people who are water conservation fund. So if he feels kinds of purchases that they have al- following this bill are under the as- it is disproportionate in some respect, ways made; is that correct? sumption that we are going to pay we never have to go through these ne- Mr. GORTON. Subject to approval of Montana $10 million to offset any eco- gotiations at all. the Appropriations Committees of both nomic loss they sustained as a result of Mr. BUMPERS. Senator, if I may, Houses. our purchase of the New World Mine. here are the figures furnished me on October 28, 1997 CONGRESSIONAL RECORD — SENATE S11265 the point I am trying to make. This is tions and the rules that we are talking Mr. BUMPERS. I think March 1 was a real bonanza for the State of Mon- about have been under review for 8 the date. tana—and I have nothing against them years; that means through two admin- Mr. DOMENICI. If that’s the date, and their two Senators; they are two of istrations. Evidently, they must be that’s the date. the dearest friends I have in this body. rather controversial because they seem Mr. BUMPERS. Let me say this to So it always causes me grief when to have been about ready to promul- the distinguished Senator from Wash- somebody is getting something, just as gate and just before the elections, both ington, whose friendship I treasure. I am under this bill, to say these in 1992 and 1996, they were withdrawn. First of all, he has worked tirelessly to things. Here is the figure given to me. Now we have gone just about a year craft this bill, and there have been The Otter Creek tracts contain 533 mil- after the last election. And we have many conflicting forces pulling him in lion tons of coal. The current price of been deeply concerned that so many one direction or another. I know it has such coal is $8 a ton. It would come to millions of dollars have been spent on not been easy. He has always been very $4.26 billion, and if you take 12.5 per- plan revisions that may just be thrown accommodating to me and I want to cent of that, you come out with about into the wastebasket when these regu- thank him profusely for that. More im- $266 million in royalties that the State lations do come out. portantly, I want to tell him I was could get. Mr. President, that is a lot So the design of this provision in the moved a moment ago by the very nice more than the $10 million that I think bill is to see to it that an administra- things he said about the role I played most Senators in this body think we tion, after 8 years and these two in the integration of my little school in are giving the State of Montana. delays, comes up with final or at least Charleston, AR, at that time, with a So I wanted to raise that point be- interim regulations—something that it population of 1,200. It was the very first cause, as you know, the administration ought to be able to do within a rel- school in the Old Confederacy to inte- is pretty concerned about this bill. I atively short period of time. Even so, grate after the Supreme Court decision don’t know that the President would in spite of that—and that was really in Brown versus Board of Education. veto it. If he were to veto that particu- what we asked them to do here in the He very generously put a $50,000 appro- lar provision under the line-item au- Senate—because the administration priation in here to do a feasibility thority that he now has and the Su- had reservations on it, we have two ex- study about establishing a national preme Court later determined that the ceptions to it. One is, in any forest in historic site in that community to line-item veto is unconstitutional, which a notice of intent to revise was commemorate this historic event. I ex- then this is still a viable provision and published in the Federal Register be- press my deep and profound gratitude his line-item veto of it would not fore October 1 of this year—that is to to him for that. He also agreed to in- stand. say, where they were ready to do so; clude $150,000 for a similar designation Mr. GORTON. Of course, the same and second, where a court order has di- for Central High School, which was the thing is true with respect to all the rected that a revision must occur. So scene of one of the most, if not the other line-item vetoes, which I think in those two instances—and they are most, dangerous situations in the Unit- would certainly be representative of pretty big exceptions—this mandate ed States since the Civil War. millions of dollars. The President is ex- doesn’t apply at all. In the other case, Mr. GORTON. I thank the Senator. ercising that power that was given to all we are saying is, at least give us in- Mr. President, the Senator from him by the Congress, and we will find terim rules and regulations so that the Pennsylvania is on the floor. I will out later whether or not they were forest plan revisions will be consistent yield 7 minutes to him. valid. That would do no more or less with them when they come out. Mr. SANTORUM. Mr. President, I than to set this out as a separate item. Mr. BUMPERS. One final question thank the chairman for his kind com- There is, however, a difference between and a remark. I see the Senator from ments earlier, as well as for his tre- the sale price of a mineral once it has New Mexico on the floor. He and I have mendous support of the issue which I been taken out and processed and talked about this privately. There is a rise to talk about in the bill. He has worked on and the value of that same grazing provision in this bill that is of been very cooperative, to the nth de- mineral while sitting in the ground. some concern to me. There is a court gree, in making sure this funding is in Those two are by no means equivalent. order in New Mexico regarding grazing the bill. What I am talking about is ac- Mr. BUMPERS. Senator, you and I rights, and there is a provision in here tually an increase in the amount of have talked about this in private. I that says that none of the funds may funding for a national park that I think it is well to get this on the be used by the Forest Service to carry think is one of the most significant and record also. You may have alluded to out a court order. As I told him, I am important national parks we have in this in your opening remarks. But an- not going to get into that, but I think this country, the Gettysburg National other item that I think the administra- that has a little bit of danger. Just for Battlefield, a battle which represents tion is terribly concerned about is the the record, I will let the Senator say the high-water mark of the confed- provision in the bill that says ‘‘no what he said to me privately about eracy. It is in my State of Pennsylva- funds can be spent to revise forest that provision. nia. I have had the privilege of being plans until new final interim or final Mr. GORTON. I yield to the Senator there on many occasions and, for the rules for forest land management plan- from New Mexico for that purpose. most part, they have been very sad oc- ning are published in the Federal Reg- Mr. DOMENICI. I say to the Senator casions. They are times when I have to ister.’’ You know, of course, under the that I did not come to the floor to go up and look at the state of disrepair national forest management plan, they interfere with your work or even to an- of the battlefield, the absolute horren- are required to update the plans on the swer this question, but since I am dous conditions in which some of the forests periodically. It is my under- here—— most significant Civil War artifacts are standing that some 42 plans would be Mr. BUMPERS. If you choose to an- kept. They are kept in basements that blocked until the Forest Service pub- swer, by all means, do. are damp. There is rot on most of the lishes new final interim or final rules Mr. DOMENICI. Actually, Senator, I artifacts, uniforms, soldiers’ diaries, for forest land management planning. I think I have explained it to Senator archeological artifacts, and historical can tell you that is costing the admin- GORTON when I asked him to do this. photographs. They are rotting away be- istration considerable pain. Would the Essentially, it does nothing more than cause we have absolutely no place to Senator like to elaborate on that? say, for the remainder of this year, put them. We also have many farm- Mr. GORTON. I will comment on which is almost gone, the court order houses that were there used during the that. Obviously, the regulations in that could have forced some of the battle, which are crumbling and falling these forest plans have a tremendous small ranchers to take their cattle off apart because we don’t have any money impact not just on the Federal Govern- ranch land and set them aside while to fix them. ment and management of the Forest they do a new evaluation, we said that Mr. President, there was an article in Service, but very obviously on the cannot happen in that manner until the Washington Post today on Gettys- communities and the areas in which after this year is past, which is like a burg, and there was one in USA Today these forests are located. The regula- month or two. That is all it does. also on Gettysburg. One referred to the S11266 CONGRESSIONAL RECORD — SENATE October 28, 1997 ‘‘next battle of Gettysburg,’’ which is But I will be very honest with you. roads they need to access their timber. the attempt by the Park Service—I That is a start. We also need to move Timber purchasers can then use the think a very important attempt—to re- forward with this new visitor center. I credit to pay for the timber being har- locate the visitors’ center, which sits know it may be controversial. I know vested. Last year these ‘‘purchaser on Cemetery Ridge right in the middle people are saying we have to wait and credits’’ were valued at nearly $50 mil- of the Union line. New facilities are see. I am willing to listen to the pres- lion. desperately needed given the condition ervationists and to those who have In the House-passed version of the In- of the artifacts I mentioned, to restore concerns about the new location being terior appropriations bill, a limit of $25 the battlefield to its intended condi- proposed by the Park Service. But we million was placed on the value of pur- tion, which should be its condition at cannot delay long. We need to move chaser credits that may be offered by the time of the battle, and to move the forward to construct, No. 1, a suitable the Forest Service in fiscal year 1998. visitor center to another location in or place for us to keep these artifacts. If The conference report before us today near the park. The proposal referred to we do not move forward and build a eliminates this cap entirely. The Sen- in the news articles is to move the visi- new facility that has the kinds of con- ate report accompanying the bill ‘‘di- tors’ center to a location in the park ditions, whether it is humidity, tem- rects the Forest Service to continue where there was no fighting that oc- perature, sunlight, and other things, to the timber purchaser credit program curred and where no one died. adequately display the park’s treas- without change’’ and makes it clear The primary reason for the Park ures, they will be lost. One such treas- that ‘‘the committee has not specified Service seeking a public-private part- ure is the cyclorama painting that was the ceiling for the amount of purchaser nership to build the new facilities is, painted back in 1880’s. Today, the can- credits that can be offered’’ to timber No. 1, the current facilities are located vas is rippled. It is being destroyed, companies. The result of this language in a place where they should not be and damaged by time, by humidity, by the is an open-ended subsidy for the timber to provide better preservation and res- misconstruction of the building when industry. toration of the artifacts and monu- it was first put in. We need to act now Mr. President, in spite of the con- ments. I visited the battlefield a month to preserve and restore it. ferees’ decision to expand this subsidy, ago and reviewed some of the cannon Today is a first step. I commend the I intend to send a letter to the admin- carriages. There are some 400 cannons committee and the Senator from Wash- istration urging them to use their dis- of which 380 are in absolute horrible ington. We have made a first step cretionary authority to abolish this condition. In fact, they are breaking today. We need to be vigilant on this. wasteful and environmentally unsound apart, cracking, and the paint is chip- We need to come back and work fur- program, and I urge my colleagues to ping off. You have little kids running ther for more aid for this park and oth- join me in this effort. around on the battlefield climbing on ers to make sure that we can keep Mr. President, I reserve the remain- top of the cannons with paint peeling these hallowed grounds in a condition der of my time and yield the floor. away. If that happened in a city, or in that we can be proud of and that we Mr. GORTON. I yield 4 minutes to a house, all the inspectors in the world can preserve for posterity. the Senator from Alaska. would say that you have to do some- So I rise to make my colleagues The PRESIDING OFFICER. The Sen- thing to repair these cannon carriages. aware of the reasons for which this ap- ator from Alaska. But we don’t have the money, at propriation was targeted, and I encour- Mr. STEVENS. Mr. President, I am least not until today. As much as the age the President to be supportive of grateful to the Senator from Washing- funding today will help, Gettysburg this additional appropriation. I also en- ton for the manner in which he has also needs the new visitor center, and courage him to do all he can to make handled this bill as the chairman of the they need the private-public partner- sure on the Executive side that we subcommittee for Interior appropria- ship because there just isn’t enough move forward with the Park Service in tions. money in the budget to build a new fa- some way quickly to get this new visi- I presented to the conference at a cility. We can’t get the capital funds. tor center constructed, so we can begin very late moment an amendment, This new proposal, however, is meet- to turn this park around to preserve which is amendment No. 128, that ing with some controversy from pres- our terrific assets, as well as to present modifies the regular amendment that ervationists who feel we should leave a much better historical educational was in the original House bill dealing things alone. If we leave things alone, opportunity for people who come to with the problems associated with though, Gettysburg won’t be here very visit the park. management of Alaska fish and game. much longer—at least the historical I thank the Chair. I want to tell the Senate, in July at documents and artifacts and monu- Mr. BRYAN addressed the Chair. our request the Secretary of the Inte- ments. I was at the Pennsylvania The PRESIDING OFFICER (Mr. SES- rior came to Alaska and met at Sen- monument recently, one of the largest SIONS). The Senator from Nevada. ator MURKOWSKI’s house with me and at the park. It is a grand thing. It is a Mr. BRYAN. I thank the Chair. Congressman YOUNG, with the Gov- dome-shaped monument. You can walk Mr. President, I yield myself 3 min- ernor, the attorney general, and mem- through it and under it—but not when utes. bers of what we know as the Governor’s it rains because it leaks, the water The PRESIDING OFFICER. Without task force on subsistence. We agreed drips right down on you. You walk objection, it is so ordered. then to try to work together to assure around and you see monuments that Mr. BRYAN. I thank the Chair. that Alaska, along with all other you can’t even make out who it is a There are a number of riders at- States, would continue to manage fish monument to anymore because they tached to this conference report which and game on Federal lands within its are just worn. should be cause for concern by my col- borders. That is no condition for this hal- leagues. I am most troubled by the con- It is a very difficult problem for us, lowed ground to be in. I, again, thank ferees’ treatment of the Forest Service but very clearly Secretary Babbitt has the Senator from Washington because I purchaser road credit program. carried through with the commitments came to him with this plea after being, During this body’s consideration of he made at that time, and we have frankly, shocked and emotionally the Interior appropriations bill, I of- worked toward finding a resolution to moved, after having been to that bat- fered an amendment to eliminate this these problems. tleground on several occasions, and environmentally destructive subsidy. This task force did come up with a pleaded with him to do something It failed by a single vote. A similar report. It is a very interesting task about this state of the battlefield. He amendment in the House also failed by force. It is made up of the Governor said, ‘‘Tell me what you need and we a single vote. and Lieutenant Governor, Governor will make sure that we fight for it.’’ The purchaser road credit program Knowles and Lieutenant Governor And through the process he was there allows the Forest Service to subsidize Ulmer, also the speaker of the house, every step of the way and did fight val- the road construction costs of timber Gail Phillips; the president of the sen- iantly, and we have succeeded in get- companies by granting credits to them ate, Mike Miller; a former Republican ting an additional million dollars. equal to the estimated cost of the Governor, Jay Hammond; and the October 28, 1997 CONGRESSIONAL RECORD — SENATE S11267 former Republican attorney general, Because the Interior Department has but the feds and Natives have reached dif- Charley Cole. Byron Mallot, Director of taken so long to process the villagers ferent conclusions about what it says. the Alaska Permanent Fund, who has land claims, the statute of limitations Sen. Stevens has unsuccessfully tried sev- held leadership roles in Alaska Native for challenging the Department has al- eral times in recent years to end the dispute in the corporations’ favor. His latest attempt organizations, was also on that task most expired. To allow a suit to be suffered a setback Thursday when it was cut force. filed, the conference report extends the out of a Department of the Interior budget This task force worked hard over the statute of limitation through October bill. While it is commendable that Alaska’s summer and came up with some rec- 1, 1998, under which the five village cor- senior senator has gone to bat for a just ommendations. We hoped those rec- porations and Cook Inlet Region, Inc., cause, it is unfortunate that his latest effort ommendations would be presented to a the regional corporation, may bring was special-interest legislation attached to joint session of the Alaska Legislature litigation challenging the Depart- the coattails of a bigger bill. this year. That was not possible. When ment’s refusal to convey the appendix The preferable alternative: Secretary Bab- bitt can and should direct his staff to convey it was really evident it could not be C lands to the village corporations. the disputed acreage to the five Cook Inlet- done, I asked the conference to adopt The amendment clarifies that if liti- area village corporations via Cook Inlet Re- this amendment. It is covered on pages gation is brought by the village cor- gion Inc. While he and park proponents may 94 and 95 of the conference report, and porations or Cook Inlet Region, Inc, it not like the results—after all, the land can I will not comment at large about it. shall be filed in the U.S. district court. be used for commercial purposes—the antici- But I do want the Senate to know The court trial permitted in this pation of what may happen later should not and the RECORD to show that we have amendment will result in a fresh hear- stop him from doing the right thing now. done our best to meet this. Senator ing on the merits of the case. If, after nearly three decades, a just portion of an aboriginal land settlement is cir- MURKOWSKI has just said he is going to The court record will not be limited cumvented by clever bureaucrats, then the hold some hearings, and Congressman to the current, incomplete administra- integrity of Congress will have been com- YOUNG may hold some hearings. I do tive record, but shall consider new evi- promised so that a national park can be ex- hope they will hold them. I hope they dence introduced that is relevant to panded. will hold them in Alaska. There are a the interpretation of the agreements The right and only call for Secretary Bab- lot of Alaskans who want to be heard and conveyances in dispute. The lan- bitt to make is to lay this old chapter of the on the matter of what should be done. guage allowing introduction of new evi- Alaska Native Claims Settlement Act to rest The Congress may be asked to adopt dence was proposed by the Office of and turn over title of the disputed land to its rightful owners. further amendments next year. Management and Budget. This will pro- I yield the floor. vide for a neutral hearing on the total Mr. GORTON. It is my view that the APPENDIX C STATUTE OF LIMITATIONS circumstances of the dispute. amendment the conferees agreed to re- EXTENSION A fresh look at the case prompted the quires a full trial to be held if a lawsuit Mr GORTON. Will the distinguished Anchorage Daily News, the daily news- is filed and allows the parties to intro- chairman of the Appropriations Com- paper in Alaska’s largest city with a duce all relevant evidence. Do you mittee yield for a question? strong record of environmental advo- agreement with that interpretation? Mr. STEVENS. Yes, I will. cacy to endorse conveyance of the ap- Mr. STEVENS. Yes. It is the intent Mr. GORTON. The conference report pendix C lands to the villages. I ask of the amendment that a trial on the contains an amendment dealing with unanimous consent that the editorial merits be conducted in the U.S. Dis- land selection rights of five Alaska Na- be printed in the RECORD. trict Court if the villages decide to file tive village corporations involved in [From the Anchorage Daily News, Oct. 24, suit. Such a trial would be held in lieu the so-called appendix C conveyance 1997] of an administrative hearing conducted by the Department of the Interior and issue. Would the chairman provide FIRST PRINCIPLES INTERIOR, DO RIGHT IN some background on this issue and ex- LAND DISPUTE in lieu of a court appeal of any admin- plain Congress’ intentions on how this A long-standing land dispute between the istrative decision that was limited to provision should be interpreted by the U.S. Department of the Interior and Cook the current, incomplete administrative courts. Inlet-area Native village corporations should record. Mr. STEVENS. The lands at issue be settled in the corporations’ favor, either The court must hear all relevant evi- were selected by five Alaska Native vil- through a deal brokered by Sen. Ted Stevens dence related to the circumstances sur- lage corporations pursuant to the 1971 or, better yet, through direct action by Sec- rounding the land selections and con- Alaska Native Claims Settlement Act. retary of the Interior Bruce Babbitt. veyances and should not be limited to Until Secretary Babbitt steps in, Interior hearing only the views of the Interior The lands were selected in 1974, pursu- lawyers and high-level bureaucrats will keep ant to an agreement among the vil- fighting with five village corporations and Department or reviewing the limited lages, a full 6 years before the creation Cook Inlet Region Inc., the Native regional administrative record that currently of Lake Clark National Park. For powerhouse that has intervened for its mem- exists. Nor, in my opinion, should it years, the Department followed a ber village corporations. The dispute centers defer to any prior decision that was not course of processing village land selec- on roughly 29,000 acres of land on the west based on a hearing and a full review of tions outlined in both appendix A and side of Cook Inlet. The Natives say they’re the facts. appendix C of the agreement. This entitled to the acreage, but the department In order to ensure justice for the par- wants to add the disputed parcels to Lake ties, it is necessary that the court have prior course is well documented includ- Clark National Park and Preserve. ing formal conveyance decisions and On this matter, the Clinton administration all relevant evidence available to it. reservation of easements. unfortunately appears to be more intent on Since this dispute has a complex fact In the 1990’s, the Department locking up another corner of the state than pattern that stretches over 20 years, changed its course effectively denying respecting the will of Congress as expressed the case should not be resolved on a the village corporations the land to by the Alaska Native Claims Settlement motion for summary judgment. which they are entitled. This provision Act. The lands sought by the village cor- is designed to allow the Native cor- The 1971 act created Native-owned corpora- porations were originally selected in tions—both regional and village—to manage porations to challenge the Depart- settlement money and land. Plain and sim- 1974. The selections were accomplished ment’s refusal to convey them their ple: It is wrong that, over 20 years later, a with the assistance of officials at the land in a court of law. While the Alas- handful of village corporations in Bureau of Land Management. The vil- ka congressional delegation believes Southcentral Alaska are still awaiting title lage corporations have never varied in the Native people are entitled to the to selected acreage. their selection priorities, and the selec- land, the Department of the Interior Both sides look to a 1976 agreement to bol- tion priorities must be honored by the disagrees. We have agreed to allow an ster their respective arguments. The agree- Federal Government. Those of us who objective third party decide, based on ment was supposed to sort out competing are familiar with the history of this government and Native interests through the facts of the case and an interpreta- land trades. It summarized how trades would dispute understand that the purpose of tion of the 1974 agreement, whether the take place and in what order lands would be the Deficiency Agreement was to give Native people are entitled to the lands selected and conveyed. Aside from minor effect to the land selections made by in appendix C. amendments, the document hasn’t changed— the village corporations. S11268 CONGRESSIONAL RECORD — SENATE October 28, 1997 The lands should be conveyed to the the administration and the Alaska Na- Critical maintenance activities are villages in the priority order in which tive corporations. Again, there was no added as an allowable activity under they were selected, the same require- serious effort to seek a resolution. this title V funding; ment that applies to all land convey- Having no indication that the De- Ten million dollars is provided for a ances made to Native corporations partment was willing to even try to ne- payment to Humboldt County, CA, as under the Alaska Native Land Claims gotiate a settlement of this dispute, part of the Headwaters land acquisi- Settlement Act. It is important to read Chairman YOUNG and I wrote to Chair- tion; and all provisions of the agreements in man STEVENS on April 25 asking him to Twelve million dollars is provided for question in the context in which they include language in the Interior appro- repair and maintenance of the were negotiated and in light of the leg- priations bill to ensure conveyance of Beartooth Highway as part of the islative purpose the agreements served the disputed land to the villages. Crown Butte/New World Mine land ac- to fulfill village land selection rights. CHANGES TO THE APPROPRIATIONS COMMITTEE quisition. I regret that litigation may be nec- ALLOCATION The Senate Budget Committee pro- essary in this case. I am disturbed that Mr. DOMENICI. Mr. President, sec- vided clarifying language to the con- the Department of the Interior decided tion 205 of House Concurrent Resolu- ferees on the Interior appropriations to change its interpretation of the con- tion 84, the concurrent resolution on bill during their meeting on September veyance requirement and is using a the budget for fiscal year 1998, allows 30. This language simply restated that very limited interpretation of the Defi- the chairman of the Senate Budget monies provided in title V, when com- ciency Agreement to clear title to the Committee to adjust the allocation for bined with monies provided by other ti- appendix C lands. The Department is the Appropriations Committee to re- tles of the bill for Federal land acquisi- attempting to acquire more land for flect new budget authority and outlays tion, shall provide at least $700 million Lake Clark National Park. However, it provided for priority Federal land ac- for Federal land acquisitions and to fi- is important to note that the bound- quisitions and exchanges. nalize priority land exchanges. This language, which I urged be in- aries of Lake Clark National Park were I ask unanimous consent that revi- cluded throughout the past 2 weeks not expanded to potentially include ap- sions to the 1998 Senate Appropriations while final language was drafted, would pendix C lands until 6 years after the Committee budget authority and out- have ensured that the section 205 allo- original land selections were made by lay allocations, pursuant to sec. 302 of cation remained in place for this bill. the village corporations in 1974. As a the Congressional Budget Act, in the result, the appendix C lands are not The chairmen decided to include, following amounts, be printed in the however, language which attempts to park lands by virtue of the prior valid RECORD. Native land selections. trigger the additional $700 million by There being no objection, the revi- amending the budget resolution. This Since enactment of ANCSA, there sions were ordered to be printed in the has been a substantial amount of liti- language causes a violation under sec- RECORD, as follows: gation regarding interpretation of the tion 306 of the Budget Act because it statute, but no case has been heard Budget authority Outlays affects matters within the jurisdiction that is directly on point with respect of the Budget Committee. Current allocation: to appendix C. Further no opinion—in- Defense discretionary ...... 269,000,000,000 266,823,000,000 Since this language will not become cluding Court of Claims cases—has Nondefense discretionary ...... 255,550,000,000 283,243,000,000 effective until the bill is signed into Violent crime reduction fund 5,500,000,000 3,592,000,000 been issued interpreting the Deficiency Mandatory ...... 277,312,000,000 278,725,000,000 law, and the conferees did not clarify Agreement based on a full hearing of Total allocation ...... 807,362,000,000 832,262,000,000 that $700 million is included in the bill Adjustments: all the relevant evidence. It is one pur- Defense discretionary ...... for land acquisition and priority land pose of this amendment to ensure that Nondefense discretionary ...... ¥700,000,000 ¥257,000,000 exchanges, I have no choice but to Violent crime reduction fund ...... the district court’s resolution of the Mandatory ...... withdraw the additional allocation of present matter will not be bound by Total allocation ...... ¥700,000,000 ¥257,000,000 funding provided in section 205 of the Revised allocation: any decision or opinion not based on a Defense discretionary ...... 269,000,000,000 266,823,000,000 budget resolution. full review of the legal and factual Nondefense discretionary ...... 254,850,000,000 282,986,000,000 I worked diligently as a member of Violent crime reduction fund 5,500,000,000 3,592,000,000 record. The court must take a new look Mandatory ...... 277,312,000,000 278,725,000,000 the conference to complete this impor- at the dispute after reviewing a full Total allocation ...... 806,662,000,000 832,126,000,000 tant bill, working with my good friend, and complete record. the senior Senator from Washington, Mr. GORTON. The Interior Depart- Mr. DOMENICI. Mr. President, I rise who chairs this subcommittee. ment has not responded to the author- to explain the need for a reallocation The inclusion of a simple proviso izing committees’ requests in either in funding authority for the Appropria- would have avoided this problem. I re- the House or the Senate for resolution tions Committee that is being filed gret that the chairmen of the con- of this matter. As chairman of the Sen- today. ference chose not to do so, and that ate Energy Committee, can Senator I regret that this reallocation is nec- this withdrawal of funding is now nec- MURKOWSKI elaborate? essary because it was avoidable. essary. Mr. MURKOWSKI. During the past Section 205 of the fiscal year 1998 Mr. President, I ask unanimous con- Congress, both the House Resources budget resolution provided for the allo- sent that a summary of the provisions Committee and the Senate Energy and cation of $700 million in budget author- included in the final version of the In- Natural Resources Committee held ity for Federal land acquisitions and to terior appropriations bill be printed in hearings on this dispute. We heard finalize priority land exchanges upon the RECORD, along with a letter I sent from members of the villages seeking the reporting of a bill that included to the chairman of the full Appropria- their lands as well as from the Depart- such funding. tions Committee about these issues at ment of the Interior. At the end of the The Senate-reported Interior appro- his request. Senate hearing in September 1996, I priations bill included this funding in There being no objection, the mate- asked if the Department of the Interior title V. As chairman of the Budget rial was ordered to be printed in the was willing to work with the villages Committee, I allocated these funds to RECORD, as follows: to come to a resolution. While its ini- the Appropriations Committee, which CHANGES TO THE FISCAL YEAR 1998 INTERIOR tial indication was yes, more than 6 in turn provided them to the Interior AND RELATED AGENCIES APPROPRIATIONS months later, no action had been Subcommittee. BILL SINCE FORMAL CONFERENCE taken. If the conferees had adopted the Sen- $700 MILLION LAND ACQUISITION AND On January 2 of this year, Chairman ate language, I would not be here with- MAINTENANCE FUND YOUNG and I wrote to Secretary Bab- drawing this funding allocation. How- The conference agreement for the fiscal bitt requesting again that appropriate ever, the conferees modified the Senate year 1998 Interior and Related Agencies Ap- propriations Act provides an additional $699 department policy level officials meet language to provide only $699 million million for priority land acquisitions and ex- with the affected villages and the re- for land acquisitions, and to expand the changes, and for reducing the maintenance gional corporation as soon as possible use of these funds for the following backlogs of the Federal land management to negotiate a resolution acceptable to purposes: agencies. This special appropriation was first October 28, 1997 CONGRESSIONAL RECORD — SENATE S11269 referenced by the balanced budget agreement LAKE CLARK NATIONAL PARK AND PRESERVE, take this language into account until the In- this Spring between the Congress and the ALASKA terior bill becomes law. Administration, which provided an addi- Amendment #68 has been modified, as re- If we took language amending the budget tional $700 million for priority land acquisi- quested by the Administration. resolution into account for determining tions and exchanges. The Senate version of Summary In Millions budgetary levels, the budget resolution and the Interior Appropriations bill included the Headwaters ...... up to $250 our efforts to enforce a balanced budget plan special appropriation for land acquisition; Crown Butte ...... up to 65 would become meaningless. Instead of mak- the House version did not. Humboldt Co...... 10 ing the hard choices to live within the budg- A portion of these funds will be used to ac- Beartooth Hwy ...... 12 et resolution’s levels, committees could sim- quire two specific pieces of land—the Head- Other land/maintenance .... 362 ply rely on the precedent that would be es- waters Forest in California and the Crown tablished in the Interior bill and amend the Butte/New World Mine property near Yellow- [Dept. of the Interior: budget resolution to assert they had com- stone National Park. Both of these acquisi- $272 million] plied with budgetary limits. Finally, the tions are high priorities of the Administra- [U.S. Forest Service: $90 budget resolution is a congressional docu- tion. Congress, in appropriating funds for million] ment that does not require the President’s these two acquisitions, has stipulated condi- Total ...... $699 million signature and I think it is inappropriate to tions that ensure the wise use of Federal tax- U.S. SENATE, amend the budget resolution through a law. payer dollars, the development of State and COMMITTEE ON THE BUDGET, I recognize the extraordinary effort you local partnerships, and the appropriate use Washington, DC, October 23, 1997. and Senator Gorton have put into writing an of proper procedures—including valuations, Hon. TED STEVENS, Interior bill that can pass both Houses and public appraisals and adherence to the Na- Chairman, Committee on Appropriations, be signed by the President. I also realize that tional Environmental Policy Act. U.S. Senate, Washington, DC. the issue is not the total level of spending, These two Administration projects will re- DEAR TED: I regret that I have to bring to but how this additional $700 million will be quire up to $315 million in Federal funds—up your attention two Budget Act violations spent. My concern is with the precedent to to $250 million for the Headwaters Forest that will lie against the conference report on amend a budget resolution that will be es- and up to $65 million for Crown Butte/New the Interior and Related Agencies Appropria- tablished by the Interior Appropriations bill, World Mine. The State of California will pro- tions bill. which is avoidable, and that is why I at- vide $130 million for the Headwaters Forest The conference report fails to meet the tempted to resolve this issue during the Inte- acquisition. The Headwaters acquisition will terms of section 205 of the FY 1998 budget rior conference to avoid any Budget Act vio- be accompanied by a single payment of resolution (H. Con. Res. 84) regarding prior- lations. $10,000,000 for Humboldt County, California, ity land acquisition funding. Therefore, I I regret that I have to withdraw the addi- to help offset lost tax revenues and cover an- must withdraw the additional $700 million tional allocation to the Appropriations Com- ticipated increases in public health and safe- for priority land acquisition and exchanges mittee for land acquisition funding, but I ty costs incurred by the County. The Crown to the Appropriations Committee for consid- have no choice. Butte/New World Mine acquisition will be ac- eration of the conference report on the Inte- Sincerely, companied by an additional Federal expendi- rior bill. Assuming the Appropriations Com- PETE V. DOMENICI, ture of $12,000,000 to improve and maintain mittee reduces the section 302(b) allocation Chairman. the Beartooth Highway. The conference for the Interior bill by this amount, the con- Mr. DOMENICI. Mr. President, I also agreement also directs that a Federal/State ference report on the Interior bill would vio- object to the inclusion of directed study be undertaken to identify and encour- late section 302(f) of the Budget Act. scorekeeping language in this bill. If age mineral resource development in the The Interior bill also would amend the FY the Senator took language amending State of Montana. Bill language also directs 1998 budget resolution to relax the require- the budget resolution into account for a $10 million transfer of Federal mineral ments of section 205. Because this provision rights to the State of Montana. affects matter in the Budget Committee’s ju- determining budgetary levels, the Both the Headwaters Forest and the Crown risdiction, it would cause another violation budget resolution levels and our efforts Butte/New World Mine acquisitions are de- under section 306 of the Budget Act. If a to enforce a balanced budget plan layed for 180 days, during which time the point of order is raised under either one of would become meaningless. conditions that govern these acquisitions these sections, it takes 60 votes in the Sen- Instead of making the choices nec- will be reviewed by the Congressional au- ate to waive either of these points of order. essary to live within the budget resolu- thorizing committees and may be modified At the Administration’s insistence, the tion levels, committees could simply through additional legislation. To the extent Balanced Budget Agreement included $700 that the appraisal process causes a delay, the rely on a precedent to assert, or million in spending for priority land acquisi- ‘‘deem,’’ that they had complied with 180 day period will be extended by an equiva- tion and exchanges. I worked for a more lent number of days. flexible mechanism to allocate funding for the budgetary limits, even though they The remainder of the $699 million will be priority land acquisition, but the White hadn’t. used for other priority land acquisitions and House insisted on very restrictive language. Such action would undermine the for critical repair and restoration needs of As a result, section 205 of the FY 1998 budget budget discipline of the Senate. the four land management agencies: Na- resolution provides that the $700 million will Since the directed scorekeeping lan- tional Park Service, U.S. Fish and Wildlife only be made available to the Appropriations guage will not become effective until Service, Bureau of Land Management, and Committee if the Interior Appropriations U.S. Forest Service. The Secretaries of Agri- the bill is signed into law, and the con- bill provided $700 million for priority land culture and the Interior will submit requests ferees did not clarify that $700 million acquisition and exchanges. to the House and Senate Committees on Ap- is included in the bill for land acquisi- The Senate-passed Interior bill met the propriations for approval for the use of the tion and priority land exchanges, I budget resolution’s requirements by provid- traditional land acquisition and mainte- ing $700 million for land acquisition activi- have no choice but to withdraw the ad- nance funds. The Secretaries are encouraged ties. During the conference on the Interior ditional allocation of funding provided to emphasize projects that reduce their criti- bill, the Senate language was modified and I in section 205 of the budget resolution cal maintenance backlogs and to select land provided some additional language to the for land acquisition and exchanges. acquisitions which complete a unit, consoli- conferees that would have ensured $700 mil- date lands for more efficient management, or MICCOSUKEE SETTLEMENT AMENDMENT lion was spent on land acquisition, thereby address critical resource needs. Mr. MACK. I rise today to thank my meeting the budget resolution’s require- PENNSYLVANIA AVENUE MODIFICATIONS colleague, Senator GORTON, for includ- ments. Instead, the tentative conference ing language in the fiscal year 1998 In- Amendment #158 has been modified, as re- agreement included language amending the quested by the Administration, regarding budget resolution. My staff has been in touch terior appropriations bill concerning a the limitation of expenditures of funds in with both Senator Gorton’s staff and your settlement between the Miccosukee this bill to implement changes to Pennsylva- staff to indicate that the tentative con- Tribe of Indians of Florida and the nia Avenue in front of the White House. ference agreement on the Interior bill would State of Florida. The Mack-Graham NATIONAL PARK SERVICE HOUSING violate the Budget Act. Even so, the con- amendment is a clear, noncontrover- The report language has been slightly ferees chose to ignore my suggestion. sial piece of legislation that finalizes modified to require the Secretary of the In- The Interior conference report provides the settlement between the terior to appoint a review committee, a ma- $699 million for land acquisition. Of this Miccosukee Tribe of Indians of Florida jority of whose members are not employees funding, it provides that the money can be and the State of Florida with regards of the National Park Service, to review the used for purposes other than land acquisi- construction practices of the National Park tion, including maintenance activities, PILT to land takings claims. Service and to submit no later than April 15, payments, and highway improvements. Mr. GRAHAM. I, too, thank Senator 1998, a report of their findings and rec- While the Interior conference report at- GORTON for his support to include this ommendations to the House and Senate tempts to trigger the additional $700 million provision in the final bill. Do I cor- Committees on Appropriations. by amending the budget resolution, I cannot rectly understand that title VII of the S11270 CONGRESSIONAL RECORD — SENATE October 28, 1997 Interior appropriations bill will ratify invested in the conservation of our re- sides of the debate over the future of the settlement agreement signed by sources through land acquisition for mining at Denali National Park and the State of Florida and the Federal, State and local priorities. The Preserve. The American people, Miccosukee Tribe in 1996? matching grants have helped finance through the National Park Service, Mr. GORTON. The Senator is correct. over 37,500 park and recreation projects will receive the title to lands within I understand the Mack-Graham amend- throughout the United States. These the Denali National Park and Preserve ment is in accordance with congres- are projects each one of us can identify and near its crown jewel—Mount sional findings that the settlement in our home States that are now used McKinley. With this provision, we are agreement requires the consent of Con- as ballparks, hiking trails, river access, assured that those lands will be held gress in connection with land transfers. and greenspace. Although the con- for the benefit of all Americans. In re- I concur with my colleagues from Flor- ference report does not set aside funds turn, the owners of mining claims who ida that the Miccosukee Settlement for the State matching program, the participate in the program will be fair- Act of 1997 expresses the desire of Con- Interior Department may use part of ly compensated for the loss of their in- gress to resolve the dispute between the $700 million appropriation for this terest that has been uncompensated the State of Florida and the purpose. Is that correct? since mining was effectively termi- Miccosukee Tribe. Mr. GORTON. Yes, that is correct. nated in the mining district many The conference report states that the BUREAU OF LAND MANAGEMENT’S WILD HORSE years ago. AND BURRO MANAGEMENT PROGRAM $700 million appropriation may be used At this time I wish to clarify my un- Mr. CRAIG. Mr. President, I wish to for priority land acquisitions, land ex- derstanding of the provision. We have engage in a colloquy with the chairman changes, and other activities consist- provided a way for the Secretary of the and ranking member of the Interior ent with the Land and Water conserva- Interior to take title to mining claims Appropriations Subcommittee regard- tion Fund Act of 1965. The original pro- inside Denali National Park, following ing funding for the Wild Horse and visions of that act make it clear—that procedures outlined in the Declaration Burro Management Program within available resources can and should be of Taking Act. We have also identified the Bureau of Land Management. redistributed to the American people the mechanism by which the owners of Mr. GORTON. Certainly. through State and local decisionmak- the mining claims who choose to par- Mr. CRAIG. I understand that the ing. ticipate and transfer title to their Mr. LEAHY. Am I correct then that conferees to the Interior bill agreed to claims are to be compensated for the under existing authority, the Secretary provide $15,866,000 for the wild horse loss of their claims. The Congress has of the Interior may use these funds for and burro program for fiscal year 1998. not, however, fixed the dates as of That amounts to the same funding the State matching program with the approval of the House and Senate Ap- which the claims at issue were taken, level for the program as was provided propriations Committee? As the chair- as that is a factual question best left to for fiscal year 1997. man is aware, the National Conference the parties to determine or, if nec- Mr. GORTON. That is correct. essary, for resolution by the jury in Mr. CRAIG. I want to congratulate of Mayors, the Western Governors As- sociation, and the National Association proceedings under section 120. More- my colleagues, Senator GORTON and of Governors urged Congress to appro- over, it is our intention that any ac- Senator BYRD, for balancing the com- priate funds for this program. You have tion that is brought either by the Sec- peting interests that are presented by retary or affected claim owners be con- the programs of the Interior bill, all of already stated your commitment to the budget agreement that allocated ducted in accordance with the sub- which have very vocal constituencies. I stantive and procedural law of the Dec- would like to clarify that, if the Bu- the $700 million for land acquisition. Do you agree that revitalization of the laration of Taking Act, except where reau of Land Management believes that State matching program could be a inconsistent with claim owners’ rights the funding provided in this bill is in- component of the Interior Department under section 120, and the Federal sufficient to carry out the objectives of project list sent to the Appropriations Rules of Civil Procedure, including the wild horse and burro management, pro- Committees for use of this Land and claimaint’s right to have a trial by cedures for reprogramming must be Water Conservation Fund appropria- jury. followed by the Agency. Is it the man- tion? Mr. GORTON. I yield back the re- agers’ intention that funding not be re- Mr. GORTON. The Senate bill made mainder of my time and ask for the allocated absent the involvement of it clear that the State matching pro- yeas and nays. the House and Senate Appropriations gram should be a priority for use of The PRESIDING OFFICER. Is there a Committees? these funds. Although the conference sufficient second? There appears to be Mr. GORTON. The Senator is correct. report does not set aside funds for this a sufficient second. If the BLM believes that it needs more program, numerous Senators expressed The yeas and nays were ordered. money at any time during fiscal year their concern about the future of the Mr. ASHCROFT addressed the Chair. 1998 for the wild horse and burro pro- State program. The need for this pro- The PRESIDING OFFICER. The Sen- gram, or any other BLM program, gram is evident in requests from every ator from Missouri. there are reprogramming guidelines State for Federal assistance to invest Mr. ASHCROFT. Mr. President, I which must be followed. in State and local recreation resources. yield myself so much of the 10 minutes Mr. BYRD. My colleague, Senator Mr. LEAHY. I thank the chairman I use as I had allocated to me in the GORTON, is correct. for clarifying this point. I also want to unanimous-consent agreement to make Mr. LEAHY. Mr. President, I would commend the chairman for his work on an explanation of why I intend to vote like to engage the chairman in a col- the entire Interior Appropriations bill against the Interior appropriations loquy. As the chairman knows, the for fiscal year 1998. bill. Senate provided $100 million from the Mr. STEVENS. I also rise to explain Mr. President, the House voted on Land and Water Conservation Fund for section 120 of the Interior appropria- July 10 to cut off funding for the Na- the stateside matching grant program. tions bill, which provides a right of ac- tional Endowment for the Arts for fis- I want to thank the chairman for rection for owners of mining claims in the cal year 1998. It was expected that if we ognizing the interests of over 30 Sen- area in Denali National Park and Pre- would come to Washington to reduce ators to revitalize this program. When serve known as the Kantishna Mining the size of Government, we would at the Land and Water Conservation Fund District. This provision is designed to least stop funding the kind of offensive was created, the State matching pro- bring an end to nearly 20 years of un- art that has been the subject of so gram was launched to assist States in certainty surrounding the future of many disputes that have attended the the acquisition of parks and recreation these claims, and it will ensure that existence of the National Endowment facilities. This is as it should be. The the owners of the claims receive just for the Arts. Land and Water Conservation Fund compensation in return for their inter- Senator HELMS and I offered an was created on the premise that reve- ests. amendment to eliminate funding for nues generated by the depletion of our The plan envisioned by this provision the NEA, but it did not pass in the Sen- Nation’s energy resource should be re- addresses the unique needs of both ate. The Senate voted on September 17 October 28, 1997 CONGRESSIONAL RECORD — SENATE S11271 to increase the NEA’s current $99.5 mil- ognition of the difficult job which they have polluted waters flowing into the lion budget to $100 million. Then on have faced in bringing this bill to- park and would have harmed the park’s September 30, the conferees to the In- gether. They have done a fine job jug- wildlife herds. Montanans overwhelm- terior appropriations bill provided $98 gling this contentious bill and I ap- ingly opposed construction of this million for the NEA for fiscal year 1998. plaud them for their efforts. mine. So the House voted zero; the Senate Mr. President, I’d like to talk a Last year, when the Clinton adminis- voted an increase to $100 million; and minute about worthwhile Federal in- tration, local citizens, and the mining we have compromised on $98 million. vestments contained in this bill. First, company reached an agreement that That simply does not reflect the kind let me talk about the National Endow- would keep the mine from being built, of discipline the American people ex- ment for the Arts. This agency makes the entire region breathed a sigh of re- pect at a time when we are taxed at the a real difference in Montana. It allows lief. highest level in history. Americans groups like Shakespeare in the Parks And now it is time to finish that spend more money in taxes now than to go to over 50 Montana towns, includ- agreement. ever before in the history of this coun- ing Birney, a town of only 17. The New World agreement provides try on a percentage basis. Congress Every year, the cast and supporters that the Federal Government will pur- should not be in the business of subsi- of Shakespeare in the Parks clear a chase the property from the mining dizing speech, of saying to one artist, spot on Poker Jim Butte and put on a company, thus protecting Yellowstone ‘‘Your art is good,’’ and to another art- show. Citizens come from the nearby for our children. But its benefits don’t ist, by implication, since it did not reservation, area ranches, and over the stop there. The agreement also re- qualify for the Federal funding, ‘‘Your border from Wyoming to see classic quires the mining company to spend art is bad.’’ Shakespeare works. It’s a real commu- $22.5 million to clean up historic min- I do not believe Congress should be nity gathering and balloons the size of ing pollution in the area. This not only telling people what to like and what Birney for the day. And make no mis- improves the environment, it also cre- not to like. The genius of a democracy take, it probably wouldn’t happen ates jobs for Montana. That is truly a is not the values of the central Govern- without NEA funding. This bill funds win-win solution. ment imposed on the people. The ge- this valuable program. As this bill moved through Congress, nius of a democracy is the values of the I have been a longtime advocate of I worked hard to ensure that the people imposed on the central Govern- preserving the quality of life we in money would be included to complete ment. Montana and in America enjoy. This the New World agreement. And I am Congress has no constitutional au- Interior bill also goes a long way to- glad that has been done. thority to create or fund the NEA, and ward preserving some of the last, best As part of the New World negotia- in my judgment it is wrong for us to places for our children. First, it dedi- tions, we were able to further protect continue to fund it. Although funding cates $1.5 million to help finish the the local economy in Montana by ap- for the NEA is small in comparison to Gallatin II land exchange near Boze- propriating $12 million to repair the the overall budget, elimination of this man, MT. Next, it earmarks $1 million area’s main highway leading into Yel- agency sends the message that Con- for purchasing easements and land in lowstone National Park. Charles gress is taking seriously its obligation the Blackfoot Valley. Kuralt called the Beartooth Highway to restrict the Federal Government’s This area isn’t far from where I grew the most beautiful road in America. actions to the limited role envisioned up. I’ve hunted, fished, and hiked in With the money contained in this bill, by the Framers of the Constitution. those hills and I can tell you of its we will be able to maintain that high- Nowhere does the Constitution grant beauty. We can be proud that because way, enhance the local economy, and any authority that could reasonably be of this investment, our children will ensure that the American people con- construed to include promotion of the have the same access to this region tinue to have access to the treasures of arts. that I did as a boy. Yellowstone National Park. This is a time when we have a high Mr. President, our rivers are under The agreement reached between me, demand on our citizens for taxes, and attack by a malady known as whirling the administration, and House and for us to take money to promote the disease. This parasitic condition causes Senate negotiators is truly in the best notion of art that someone in Washing- the deterioration of fish muscles, even- interests of Montana and of the Nation. ton thinks is great and to try to im- tually causing the fish to die. It has It protects Yellowstone, cleans up the pose that on the people through the so- been found in many Blue Ribbon Mon- environment, creates jobs, and helps called ‘‘governmental seal of approval’’ tana rivers and is slowly spreading provide public access to our Nation’s is an inappropriate expenditure of pub- across the West. Our critical fisheries first national park. lic resources. are at risk and Western States are However, the final version of the In- I am particularly disappointed be- faced with the potential loss of mil- terior appropriations bill also contains cause we have a situation where the lions of dollars in tourism and fish ag- a provision that we did not agree to. It Congress of the United States could ricultural revenues. Scientists at Mon- requires the transfer of $10 million or have compromised at least far more tana State University’s Fish Tech- more worth of coal to the State of substantially to protect the people and nology Center are hard at work today Montana. This provision was outside of did not. The House at zero, the Senate identifying the causes of this disease the scope of the agreement that we ne- at $100 million, the compromise at $98 and potential cures. gotiated with the White House and the million. That is simply an inappropri- It is cutting edge science and it is other Members of Congress. ate way for us to conclude, and for that making a difference. This bill recog- I support the development of coal in reason I intend to vote against the Na- nizes that and funds this research at an eastern Montana. But I also under- tional Endowment for the Arts as part appropriate level. stand that the White House objects to of this bill, and I will vote against this The Interior Appropriations bill also the inclusion of this coal transfer. I ex- bill. contains $699 million in increased fund- pect that the White House will attempt I yield the floor. ing for the land and water conservation to remove this coal either through a The PRESIDING OFFICER. All time fund. This will help our Nation to ac- full veto of the bill or through a line- is yielded back. The question is on quire environmentally critical lands item veto of the coal transfer. agreeing to the conference report. The including a number of parcels that Coal was not included in our nego- yeas and nays have been ordered. The have been rated as a high priority in tiated agreement on New World be- clerk will call the roll. Montana. Specifically, the bill provides cause the White House objected to its The legislative clerk called the roll. $65 million in land and water conserva- inclusion and because of fears that it Mr. BAUCUS. Mr. President, I rise tion funding to acquire the New World could jeopardize the New World agree- today in support of the Interior appro- Mine property next to Yellowstone Na- ment. Now that Congress has included priations conference report. I do so tional Park. coal in the final bill, I hope that this with great respect for its managers, If built, this mine would have harmed issue does not stand in the way of our Senators BYRD and GORTON and in rec- Yellowstone National Park. It would ability to complete the New World S11272 CONGRESSIONAL RECORD — SENATE October 28, 1997 agreement. It would be a crime to get I am concerned that the conferees I ask unanimous consent that the list this close to completing the agreement also chose to delete the Senate provi- of objectionable provisions be printed only to have it fall apart—jeopardizing sion which outlined specific criteria for in the RECORD. Yellowstone, MT jobs and the determining the highest priority acqui- There being no objection, the list was Beartooth Highway as well. sitions and exchanges that would be ac- ordered to be printed in the RECORD, as So, Mr. President, we are nearing the complished with these additional dol- follows: conclusion of a long process. I hope lars. I plan to pursue the establishment OBJECTIONABLE PROVISIONS IN CONFERENCE that all parties will continue to work of objective, consistent criteria so that AGREEMENT ON H.R. 2107, FISCAL YEAR 1998 with me to complete the New World the limited funds available for ensur- INTERIOR APPROPRIATIONS ACT agreement as expeditiously as possible. ing the preservation of our natural re- Bill Language And I urge my colleagues to join me in sources are spent wisely. Earmarks of construction funds, as fol- supporting this measure that will Finally, the conferees have included lows: $500,000 for the Rutherford B. Hayes Home; $600,000 for Sotterly Plantation achieve the successful protection of the usual requirement that all con- this national treasure. House; $500,000 for Darwin Martin House in tracts awarded using funds provided in Buffalo, New York and $500,000 for Penn Cen- Mr. MCCAIN. Mr. President, as we ap- this bill should be expended in full ter, South Carolina. proach the end of this session, the Con- compliance with all of the protection- Earmark of $1 million for the Vietnam gress will be asked to consider the re- ist Buy America provisions that Con- Veterans Museum in Chicago, to be derived maining 6 appropriations bills in rel- gress has enacted over the years. These from the Historic Preservation Fund. atively short order. Clearly, it is im- Earmark of $3 million for the Hispanic Cul- laws and regulations are anti-free trade tural Center in New Mexico (subject to au- portant to pass these annual spending and cost American taxpayers millions bills in a timely fashion to preclude the thorization). of dollars every year due to lack of free Prohibition on funding relocation of the inconvenience and expense of delaying and fair competition of these con- Brooks River Lodge in Katmai National unnecessarily essential government tracts. Park and Preserve from its current location. programs. However, in our haste to ad- Now, let me turn to the report lan- Sec. 115—Directed conveyance of the Bow- journ, it would be a disservice to the den National Fish Hatchery in Randolph guage. County, without reimbursement, to the American taxpayer to ignore the Once again, the conferees have made wasteful spending contained in these State of West Virginia for its fish culture clear that they endorse the language program. bills. contained in either the House or Sen- Sec. 135—Adds new section directing Na- The Interior appropriations bill for ate report, unless they mention it in tional Park Service to provide land in D.C. fiscal year 1998 is filled with numerous the conference report. This ensures to the Corrections Corporation of America in earmarks and set-asides for low-prior- that every earmark and set-aside that exchange for land in Prince Georges County, ity, unnecessary, and wasteful spend- is not specifically addressed by the Maryland. ing projects. Sec. 133—Directs conveyance of BLM lands For example, this bill contains three conferees remains in place. to Lander County, Nevada, without com- directed land transfers which, to the Let’s look at some of the earmarks in pensation. best of my knowledge, have not been the conference report itself. Sec. 136—Directs Army to provide, without compensation, two 6x6 vehicles, ‘‘in excel- screened through the normal process at —$100,000 earmarked from land management funding for the Alaska Gold lent operating condition’’, to the University the General Services Administration. of Alaska Fairbanks and to construct a Two of these provisions—dealing with Rush Centennial. —$700,000 earmarked from wildland bridge across the Bull River to the Golden the Bowden Fish Hatchery in West Vir- Zone Mine Site to allow access by the School ginia and certain BLM lands in Ne- fire management funding for a type I of Mineral Engineering of the University of vada—specifically state that Federal hot-shot crew in Alaska, and $1.925 mil- Alaska Fairbanks. property will be given away without lion for redevelopment of the obsolete Earmark of $800,000 for the World Forestry compensation. Certainly, one can le- fire center in Billings, MT. Center for continuing scientific research on land exchange efforts in the Umpqua River gitimately question whether these are —$400,000 of Fish and Wildlife Service funding for Alabama sturgeons. Basin region. good deals for the American taxpayer, Sec. 307—Buy America restrictions. or just for those residing in the af- —$400,000 for the Preble’s Meadow Sec. 313—Prohibition on expending funds fected States. jumping mouse. to demolish the bridge between Ellis Island Another provision of the bill, section —$300,000 for research on whirling and Jersey City, New Jersey. 136, directs the Army to build a bridge disease. Sec. 343—Prohibits recreational residence across the Bull River in Alaska. This —$450,000 in various accounts ear- special use permit fee increases in Sawtooth National Forest prior to January 1, 1999. bridge is to provide access to the Gold- marked for the Lewis and Clark Trail, including technical assistance and of- Title V—Earmarks $337 million of $699 mil- en Zone Mine for students at the lion provided for land acquisitions and ex- School of Mineral Engineering at the fice funding. changes for four specific projects, and elimi- University of Alaska Fairbanks. In ad- —$2 million for an Alaska mineral nates specific criteria for determining prior- dition, the Army is directed to donate, and geological data base, and another ity land acquisitions and exchanges as added free, two 6x6 vehicles for the use of the $2 million for the Alaska minerals at by Senate. university. The provision does not risk project. Report Language specify how much the Army is sup- —$500,000 for a project at Purdue Uni- [NOTE: Statement of managers language posed to pay for these large, all-terrain versity in Indiana to improve fine endorses all Senate or House report language vehicles, nor does it provide a cost esti- hardwood trees. that is not specifically addressed in the con- I note with interest that, in order to ference report. Therefore, following list of mate for the bridge. This single provi- objectionable items is not all-inclusive; sion could cost the Army tens of mil- fit all of the earmarks into this bill, the conferees had to agree to account other items in either the House or Senate re- lions of dollars. ports are considered direction of the con- The bill sets aside $800,000 for the totals that exceed the levels in either ferees.] the Senate or House bills. In seven dif- World Forestry Center for continuing Department of the Interior—Bureau of Land scientific research on land exchanges ferent accounts, the conferees agreed Management in the Umpqua River Basin region in to funding which exceeded the amounts Management of Lands and Resources: Oregon. in either bill. Altogether, the conferees $100,000 for the Alaska Gold Rush Centennial; I am disappointed that the conferees added $188 million more than the House $500,000 for DoD mapping project in Alaska; decided to earmark almost half of the had provided for these accounts, and $200,000 for the Virgin River Basin Recovery $699 million provided for priority land $90.6 million more than the Senate had plan; $500,000 for recreation resources man- acquisitions and exchanges in title V of provided. Technically, these accounts agement; $2.1 million for the National Petro- this bill. The Senate bill contained ear- are outside of the scope of the con- leum Reserve in Alaska; $700,000 for the Alas- ference, a practice which I understand ka resources library; $2.3 million for the marks to which certain Members of Alaska conveyance; $1 million for the this body objected very strenuously, is not unheard of, but which is all the ALMRS; $200,000 for the Lewis and Clark and these earmarks are included in the most disturbing when it is done merely Trail; $100,000 for the Iditarod National His- conference agreement, together with to accommodate earmarks for these toric Trail; $100,000 for the De Anza, Califor- two new earmarks. low-priority projects. nia, Mormon Pioneer, Nez Perce, Oregon and October 28, 1997 CONGRESSIONAL RECORD — SENATE S11273 Pony Express National Historic Trails and health project; $450,000 for the Institute of essential operations of the Department the Pacific Crest and Continental Divide; Pacific Islands Forestry in Hawaii; $500,000 of the Interior and the other Federal and National Scenic Trails. for the fine hardwoods tree improvement agencies charged with preservation and Wildland Fire Management: $700,000 to project at Purdue University in Indiana; $1.5 fund a type I hot-shot crew in Alaska; and management of our lands and natural million additional funding for research at resources. It also contains funding that $1.925 million for redevelopment of the obso- the Pacific Northwest station; and $300,000 lete fire center in Billings, MT. for the Rocky Mountain Research Station. is vitally important to our native Land Acquisition: $11.2 million total. State and Private Forestry: $500,000 for the American tribes, particularly for In- $800,000 less than House. $2.6 million more Alaska Spruce Bark Beetle task force; $2 dian education. than Senate. All but $3.75 million ear- million for stewardship incentives; and $2 One provision that I am pleased to marked. (Conference Report page 53.) million for the Mountains to Sound Green- see included in this conference agree- Fish and Wildlife Service way project in Washington State. ment is the $800 million environmental Resource Management: $549.8 million ($3.8 International Forestry: $230,000 for the In- fund authorized in title IV of the bill. million more than House. $9.8 million more stitute of Pacific Islands Forestry. This provision establishes a National than Senate); $400,000 for the Alabama stur- National Forest System: $1 million for in- Parks and Environmental Improve- geon; $400,000 for the Preble’s Meadow Jump- ventory and monitoring; $500,000 for anad- ment Fund financed from oil lease rev- romous fish habitat management; $2 million ing Mouse; and $300,000 for a wolf reintroduc- enue awarded to the Federal Govern- tion study in WA. for grazing management; $100,000 for Alaska $1 million in habitat conservation: $50,000 gold rush centennial exhibits; $100,000 for ment by the U.S. Supreme Court this for the Middle Rio Grande/Bosque program; trail maintenance in the Pacific Northwest year. Interest from the fund, estimated $50,000 for Platte River studies; $100,000 for a region; and $4 million for exotic and noxious to be $50 million annually, will be used Cedar City ecological services office; $750,000 plant management. to finance high-priority capital im- for Washington salmon enhancement; $50,000 Reconstruction and Construction: $166 mil- provement projects for national parks, for the Vermont partners program; $1 million total. $11.5 million more than the House. provide grants to States for park plan- lion for Salton Sea recovery planning in $10.4 million more than the Senate. All but ning and acquisition, and fund marine California; $250,000 for migratory bird man- $88 million earmarked. (Conference Report environmental research. Providing for agement; and $500,000 for hatchery oper- page 82.) these unmet capital needs will ensure ations and endangered species recovery. Land Acquisition: $53 million total. $8 mil- $750,000 for fish and wildlife management: lion more than the House. $4 million more that our most coveted natural re- $100,000 for Yukon River monitoring; $300,000 than the Senate. All but $11.3 million ear- sources are preserved and protected for for Atlantic Salmon conservation; $50,000 for marked. (Conference Report page 84.) future generations. I must say, however, that I am sorry the regional park processing center; $300,000 Department of energy for whirling disease research; $200,000 for the that the conferees included in the lan- Caddo Lake Institute scholars program; $1 Fossil Energy Research and Development: guage authorizing the Parks Improve- $650,000 for coal research to complete a hos- million for the National Conservation Train- ment Fund a special setaside for the ing Center of which $560,000 should be used pital waste project at the veterans hospital in Lebanon, PA. State of Louisiana for oil and gas for the Iron County habitat conservation drainage in the West Delta field. This plan. $48.6 million for natural gas research: $45 Construction: $45 million total. $4.7 million million for advanced turbine systems; $1 mil- provision was not included in the origi- more than House. $3 million more than Sen- lion for the gas to liquids programs; $650,000 nal Senate language, nor was any other ate. All but $6.9 million earmarked. Con- for technology development; $2 million for special location-specific set-aside. I am ference Report page 56. fuel cell systems; $350,000 for oil technology; disappointed that even this provision Land Acquisition: $62.6 million total. $9.6 and $800,000 for cooperative research and de- was marred by special-interest lan- more than House. $5.4 million more than velopment. guage. Senate. All but $11.5 million earmarked. Energy Conservation: $1.5 million for the Mr. President, I intend to support (Conference Report page 58.) home energy rating system; $100,000 for ad- this bill because it provides new au- National Park Service vanced desiccant technology; $500,000 for En- ergy Star; $100,000 for highly reflective sur- thorities and much-needed funding for Operation of the Park System: An increase faces; $750,000 for codes and standards; $1 many programs. However, I will urge of $100,000 for the Northwest ecosystem of- million for the weatherization assistance the President to consider exercising his fice; An increase of $920,000 for the Gettys- program; and $250,000 for State energy pro- line-item veto to eliminate the low-pri- burg NMP; $2 million for special needs parks; gram grants. $250,000 for structure stabilization at Dry ority, unnecessary, and wasteful spend- Tortugas National Park; $50,000 for the Lewis Department of Health and Human Services ing that the Congress has added to this and Clark Trail office; $200,000 for technical Indian Health Facilities: $100,000 for the bill without benefit of a merit-based, assistance to the Lewis and Clark Trail. Montezuma Health Clinic in Utah; $40,000 for prioritization review process. $50,000 for the California and Pony Express sanitation facilities; and $588,000 for environ- Mrs. FEINSTEIN. Mr. President, I trails; and $50,000 for the North Country mental health and support. rise in support of the conference report Trail. Institute of American Indian and Alaska Native on the fiscal year 1998 Interior appro- National Recreation and Preservation: culture and arts development priations bill. $250,000 for the Lake Champlain program; This conference report contains both $150,000 for the Connecticut River Conserva- Construction: $4 million for the Dulles extension of the National Air and Space Mu- authorization and appropriations for tion partnership; $100,000 for the Aleutian the all-important Headwaters Forest World War II National Historic Area. $325,000 seum; and $29 million just to begin construc- for the Delaware and Lehigh Navigational tion of the National Museum of the Amer- acquisition in northern California. Canal; $65,000 for the Lower Mississippi ican Indian Mall Museum. Mr. President, California’s ancient Delta; $285,000 for the Vancouver National Mr. MCCAIN. These are, I am sure, redwood forests are among our Na- Historic Reserve; and $300,000 for the Wheel- interesting projects, and important to tion’s most valued treasures, which is ing National Heritage Area. the people who will be working on why the battle to preserve them has Construction: $215 million total. $66.7 mil- them. However, these earmarks—like reached a fever pitch in recent years. lion more than the House; $41.6 million more the hundreds of other earmarks too nu- The Headwaters Forest, nearly 3,000 than the Senate. All but $58.3 million ear- acres located in Humboldt County, is merous to mention today—were added marked. (Conference Report page 64.) one of the last remaining ancient red- Land Acquisition: $143 million total. $14 to this conference agreement without wood groves still in private hands. The million more than the House. $16.4 million benefit of the normal, merit-based re- land is owned by the Pacific Lumber more than the Senate. All but $5.5 million view process that would ensure that earmarked. (Conference Report page 67.) Co., which is owned by the Maxxam these are the highest priority uses for Corp. United States Geological Survey the funding provided in this bill. Ab- Surveys, Investigations, and Research: $3 Over the past decade there have been sent that process, it is difficult to be- over a dozen attempts to save this an- million for the global seismographic net- lieve that there are not other more work; $1 million for the volcano hazards cient redwood grove. All have failed. study in Alaska and Hawaii; $2 million for pressing needs for Federal funds than Five attempts at Federal legislation the Alaska minerals at risk project; $500,000 these projects. failed. for Great Lakes Research; and $2 million for Mr. President, I want to stress that I Three attempts at State legislation an Alaska mineral and geological data base. have highlighted only those projects failed. Department of Agriculture—Forest Service that I find objectionable in this $13.8 Three statewide bond measures to Forest and Rangeland Research: $700,000 billion measure. Certainly, the funding raise funds to acquire the redwoods for the Rocky Mountain station forest provided in this bill is essential for the were rejected by California voters. S11274 CONGRESSIONAL RECORD — SENATE October 28, 1997 Two State legislative measures to re- lands to be acquired is done and re- reservations. I commend the appropria- form California forestry regulations, viewed by the Comptroller General, Pa- tions conferees for negotiating a mul- one that would have restricted logging cific Lumber Co. dismisses its lawsuit titude of very contentious issues, but I on private lands, and another that against the Federal Government, a re- am particularly concerned with several some said was not restrictive enough, port is made to Congress on applicable anti-environmental provisions that re- both failed. HCP standards, Humboldt County is el- main in the report. With the background, last year I was igible for payment in lieu of taxes The Balanced Budget agreement pro- asked to see if I could facilitate an [PILT] payments for Federal lands ac- vided $700 million above the President’s agreement between the property owner quired, 50 percent of management costs request for the Land and Water Con- and the State and Federal Govern- in excess of $100,000 will come from servation Fund and I am very pleased ments. After more than 100 hours of in- non-Federal sources, development of a that the appropriators were able to tense negotiations, an agreement was management plan, with consideration honor that agreement. Land and water reached for the State of California and of management by a trust, and expira- conservation funds and the matching the Federal Government to jointly pur- tion of the authorization on March 1, State grant program have been very chase the Headwaters Forest from Pa- 1999. important to Connecticut’s ability to cific Lumber Co. If asked, is this authorization exactly acquire land and enhance recreation Under the Headwaters agreement, what I would have drafted, the answer areas and parks. Without this funding, the governments will purchase the is no. But it gets the job done. And local communities will continue with- 3,000-acre Headwaters Forest and the that is what is important. out the assistance they so deserve to 425-acre Elkhead Springs Grove, plus I firmly believe that the Headwaters acquire open space and further develop nearly 4,000 additional acres of adja- agreement is our last best hope to pre- recreational areas. Unfortunately, Sen- cent land to serve as a buffer. In all, serve these magnificent ancient red- ate language providing $100 million in approximately 7,500 acres would be ac- woods. I urge my colleagues to approve grants to States for land acquisition quired and protected. this conference report. was not included in the conference re- The price under the Headwaters Mr. INOUYE. Mr. President, I rise to port. agreement is $380 million, of which the commend my colleagues for their work A portion of the Land and Water Con- Federal Government will contribute on the conference report on the Inte- servation Fund will be used to pur- $250 million and the State will contrib- rior appropriations bill for fiscal year chase the Headwaters region in Califor- ute $130 million. 1998. nia and the New World Mine in Mon- Without the Federal funding to com- There are a few provisions of this bill tana, subject to authorizing conditions. plete this agreement, there is no agree- that do not relate to matters of appro- Although I recognize that the State of ment. And if there is no agreement, the priations which would be more prop- Montana will feel some adverse eco- Pacific Lumber Co. will proceed with erly addressed by the authorizing com- nomic repercussion from the New its huge taking lawsuit against the mittees of the Senate, and thus, I feel World Mine purchase, I am dismayed Federal Government for the cost of any compelled to register concern that that a proposal of $10 million to the regulations that prevent the company measures that are clearly substantive State of Montana could be counted from logging its old growth redwoods. in nature—such as a comprehensive against the Land and Water Conserva- In the end, the real losers will be the settlement of the claims of the tion Fund. American taxpayers who will possibly Miccosukee Tribe of Florida—do not When the Senate initially debated pay even more if Pacific Lumber wins belong in this or any other appropria- the Interior appropriations bill, I was its taking lawsuit. That is why this tions bill. pleased to join many of my colleagues conference report is so important. It I raise this matter because in last in voting for an amendment to elimi- provides the $250 million federal share year’s Omnibus Appropriations Act, nate funding for timber road purchaser for Headwaters. there was a provision that singled out credits for timber sales, but the amend- Specifically, this Headwaters pack- one Indian tribal government for dis- ment failed by the narrowest of mar- age includes: Appropriation of $250 mil- parate treatment—namely, to strip gins. There is growing support for the lion for the Federal purchase of the that tribe of benefits and privileges elimination of all taxpayer subsidies Headwaters Forest; appropriation of that have been authorized for all other for Forest Service logging road con- $10 million for a payment to Humboldt tribes in the country under the Indian struction, and the House included lan- County, CA; and a prohibition on the Gaming Regulatory Act. I speak of the guage restricting the amount of timber expenditure of $250 million for 180 days provision affecting the Narragansett purchaser credits. Unfortunately, the from date of enactment. Tribe of Rhode Island. conferees dropped the House provision. This will allow a period of time for Last year’s provision came before Finally, the provision reducing the the authorizing committees to review this body over the strenuous and ada- effectiveness of the law pertaining to the issues associated with the Head- mant objections of the Narragansett the export of Federal timber benefits a waters transaction and recommend any Tribe, without the benefit of any hear- few large timber companies in the changes in the authorization if nec- ings, in the absence of any record that West. It was never suitably discussed essary. The funding will be available at would serve to justify this unusual ac- by the authorizing committee. the end of the 180 days. tion on the part of the Congress, and While these are a few of my concerns, The conference report also provides with no consultation with the affected there are many provisions in the bill an authorization to purchase the Head- tribe. which merit my support. The Silvio waters Forest. While many believe the The Narraganset Indian Tribe advises Conte refuge and the Stewart McKin- Department of the Interior has more us that this provision has forever ney refuge in my State received much- than sufficient authority to acquire changed the lives of the members of needed funding for land acquisition. the property, I know that others dis- that tribe, and has wrought devastat- Congress authorized the expansion of agree and have insisted on authorizing ing effects on the potential for the de- the McKinney refuge in 1990, and in the legislation. The authorization is con- velopment and growth of the tribal ensuing years, Federal appropriations tained in this conference report. economy. have enabled the refuge to acquire 413 Specifically, this bill authorizes the Mr. President, I look forward to the of the 454 acres available. Because the Headwaters acquisition with the fol- day when the Congress acts to rectify budget for the National Park Service lowing conditions: The State of Cali- the effects of last year’s appropriations was sufficiently funded, Weir Farm, the fornia provides $130 million for its bill as it relates to the Narragansett only national park in Connecticut, share of the costs, the State of Califor- Tribe. should receive an increase in its oper- nia approves a sustained yield plan for Mr. DODD. Mr. President, it is my in- ating budget to meet its rising visitor the Pacific Lumber Co. property, a tention to vote in favor of the Con- service demands. habitat conservation plan is approved ference Report making appropriations Mr. President, as you know, I am a and an incidental take permit is issued for the Department of the Interior and strong backer of the arts and I am to Pacific Lumber, an appraisal of the related agencies, but I do so with some pleased that the appropriators provided October 28, 1997 CONGRESSIONAL RECORD — SENATE S11275 $98 million for the National Endow- Kohl Roth Wellstone again blocked from considering cam- ment of the Arts. The NEA was a Moseley-Braun Smith (NH) Wyden paign finance reform legislation. As a marked agency, identified by the other NOT VOTING—2 result, the ISTEA reauthorization bill body for elimination. In fact, the other Kennedy Specter has been delayed. body voted to zero out all funding and The conference report was agreed to. What happened today was clear. In- tried to extinguish the NEA. But to- Mr. GORTON. Mr. President, I move tense opposition to any consideration gether with my colleagues in the Sen- to reconsider the vote by which the of campaign finance reform legislation ate, another round of efforts to disman- conference report was agreed to. has precluded consideration of one of tle or eliminate the NEA was stopped. Mr. MCCAIN. I move to lay that mo- the most important measures to come When the bill came out of conference tion on the table. before the Senate this year, the ISTEA with the House, the NEA had been The motion to lay on the table was reauthorization bill. ISTEA has been saved. As evidenced by a series of agreed to. derailed for the time being because the strong bipartisan votes in the Senate f majority party has refused to agree to even schedule a debate on campaign fi- in favor of the NEA, my colleagues and RECESS UNTIL 2:15 P.M. I were able to save this national agen- nance reform. They have refused the cy and preserve a Federal role for the The PRESIDING OFFICER. Under will of a majority of the Senate to en- arts. the previous order, the Senate stands gage in a debate over an issue that goes During the Senate debate over NEA in recess until 2:15 p.m. to the very heart of our Government Thereupon, at 12:57 p.m., the Senate funding, I cosponsored with the chair- and our democratic process. recessed until 2:14 p.m.; whereupon, the The 48 Senators who voted against man of the Appropriations Committee, Senate reassembled when called to cloture today did not vote to kill the Senator STEVENS from Alaska, a Sense- order by the Presiding Officer (Mr. ISTEA reauthorization bill, as some of-the-Senate resolution asking the HAGEL). have claimed. We did not cast our votes Congress to examine alternative Mr. LOTT addressed the Chair. against cloture because we objected to sources of funding for the NEA. I be- The PRESIDING OFFICER. The dis- this critically important highway and lieve it is time to give the NEA a se- tinguished majority leader. transit bill. Rather, we cast our votes cure future and preserve a national cul- f against the obstructionist techniques tural endowment for generations to MORNING BUSINESS that have been used to block debate on come. My hope is that the Congress campaign finance reform legislation. will address this issue in the future. Mr. LOTT. Mr. President, I ask unan- We refused to cast our votes to end de- And so it is for these reasons that I imous consent that there now be a pe- bate because there has, as of yet, not support the Interior appropriations riod for the transaction of morning been debate over campaign finance re- conference report. I commend the con- business for the next 30 minutes with form. ferees on a job well done. Senators permitted to speak for up to 5 Several weeks ago, the Senate en- Mr. NICKLES. I announce that the minutes each. gaged in a mock debate over the issue. Senator from Pennsylvania [Mr. SPEC- The PRESIDING OFFICER. Without It was not a real debate. Not a single TER] is necessarily absent due to a objection, it is so ordered. amendment was offered. Not a single death in the family. f vote was taken. It is the business of I further announce that, if present ORDER OF PROCEDURE the Senate to consider amendments and voting, the Senator from Penn- and vote on issues and debate concerns Mr. LOTT. For the information of all sylvania [Mr. SPECTER] would vote of the American people. None of that Senators, we are now in the process of ‘‘yea.’’ has happened. It was as undemocratic a taking a look at D.C. appropriations Mr. FORD. I announce that the Sen- debate as I have yet seen in the Senate, bill papers on both sides of the aisle. ator from Massachusetts [Mr. KEN- and I know that the American people We hope that within the next hour or NEDY] is necessarily absent. expect more from us. so we will be able to go to the D.C. ap- The PRESIDING OFFICER. Are there They are frustrated and disillusioned propriations bill. with the current election process. We any other Senators in the Chamber Also, it is our intent, as I have ad- need to get Americans back into the who desire to vote? vised the Democratic leader, this after- system and get them involved in deci- The result was announced—yeas 84, noon to call up the DOD, Department sions that affect their lives. We need nays 14, as follows: of Defense, authorization conference campaign finance reform to restore the [Rollcall Vote No. 283 Leg.] report and begin the process on that American people’s faith in the elec- YEAS—84 bill. So those two bills will consume the toral process. Too many people believe Abraham Enzi Lieberman that the current system cuts them off Akaka Feinstein Lott bulk of the time this afternoon. There Allard Ford Lugar is the possibility of recorded votes, and from their Government. Baucus Frist Mack A League of Women Voters study Bennett Glenn McCain Senators should be aware of that. I yield the floor and suggest the ab- found that one of the top three reasons Biden Gorton McConnell people do not vote at all is the belief Bingaman Graham Mikulski sence of a quorum. Bond Grams Moynihan The PRESIDING OFFICER. The that their vote will not make a dif- Breaux Grassley Murkowski clerk will call the roll. ference. We saw the result of that cyni- Brownback Gregg Murray cism in 1994 when just 38 percent of all Bumpers Hagel Nickles The assistant legislative clerk pro- Burns Harkin Reed ceeded to call the roll. registered voters headed to the polls. Byrd Hatch Reid Ms. MOSELEY-BRAUN. Mr. Presi- We saw it again in 1996 when only 49 Campbell Hollings Robb dent, I ask unanimous consent that the percent of the voting age population Chafee Hutchinson Roberts turned out to vote, the lowest percent- Cleland Hutchison Rockefeller order for the quorum call be rescinded. Coats Inhofe Santorum The PRESIDING OFFICER (Mr. age of Americans to go to the polls in Cochran Inouye Sarbanes HUTCHINSON). Without objection, it is 72 years. Collins Jeffords Sessions so ordered. According to a Gallup poll conducted Conrad Johnson Shelby early this month, 59 percent of Ameri- Coverdell Kempthorne Smith (OR) Ms. MOSELEY-BRAUN. I further ask Craig Kerrey Snowe unanimous consent that I be allowed to cans believe that elections are gen- D’Amato Kerry Stevens speak as if in morning business. erally for sale to the candidate who can Daschle Kyl Thomas The PRESIDING OFFICER (Mr. raise the most money. When you con- DeWine Landrieu Thompson Dodd Lautenberg Thurmond KEMPTHORNE). Without objection, it is sider how much money it costs to fi- Domenici Leahy Torricelli so ordered. nance a modern campaign, you can un- Dorgan Levin Warner f derstand the frustration. According to NAYS—14 recent Federal Election Commission CAMPAIGN FINANCE REFORM figures, congressional candidates spent Ashcroft Durbin Gramm Boxer Faircloth Helms Ms. MOSELEY-BRAUN. Mr. Presi- a total of $765.3 million in the 1996 elec- Bryan Feingold dent, this morning the Senate was once tions, which was up 5.5 percent from S11276 CONGRESSIONAL RECORD — SENATE October 28, 1997 the record-setting 1994 level of $725.2 islation is too important to simply Nation, Illinois’ has by far the largest million. wither. It will be taken up for consider- share of any State. If you count the That figure does not include the huge ation and we will enact legislation to ton-miles of truck shipments that pass amounts of so-called soft money spent provide our States and communities through States on their way to their by the political parties. In the first 6 with at least the $180 billion in high- final destinations, Illinois has by far months of the 1997–98 election cycle, way and transit funds that this legisla- the largest share of any State. $35.4 million in soft money contribution promises. Illinois’ roads, therefore, must bear tions to political parties was raised, I must admit that I have mixed feel- the weight of the largest share of the outpacing the same period in the 1995– ings about delaying consideration of Nation’s commercial activity. The 96 cycle. ISTEA. For my State of Illinois, and ISTEA reauthorization bill does not I would take a step further to remind indeed, for the Nation’s transportation recognize the burden this responsibil- my colleagues that there is even softer system, delay may give us an oppor- ity places on our roads. According to a money than that with the independent tunity to rework some of the provi- recent study from the Surface Trans- expenditures and, of course, individual, sions of the current ISTEA reauthor- portation Policy Project, Illinois has wealthy people just write themselves a ization bill that inadequately treat the second worst urban roads in the check and send themselves a thank you those regions of the country that are country. The newspapers all report note, and that goes into the system. It essential to the movement of our Na- headlines like: ‘‘Illinois Roads in is no wonder that Americans are clam- tion’s commerce. Shambles’’; ‘‘Highways on road to oring for campaign finance reform. It is For the most part, I believe the au- ruin’’; ‘‘Illinois’ roads among the worst no wonder they believe their voices are thors of this ISTEA reauthorization in the Nation’’; ‘‘Roads in dismal overshadowed by special interests with bill have done an excellent job crafting shape.’’ the ability to fill campaign coffers. It a bill that strengthens many environ- These headlines are not surprising is disheartening, Mr. President, that mental provisions, allows States great- when you consider that Chicago is the the majority has denied us the oppor- er flexibility to support Amtrak, in- Nation’s largest intermodal hub. It is tunity to debate this issue. It is more creases funding for a variety of safety literally the transportation nexus of disheartening that they have denied us initiatives, increases funding for intel- the Nation. It is only appropriate, the chance to debate legislation to help ligent transportation systems, and pre- therefore, that the national Intermodal keep the doors of democracy open for serves the Department of Transpor- Surface Transportation Efficiency Act all Americans. They have refused to tation’s important DBE program. It is recognize this fact and adequately pro- enter into a dialog with the American a bill that preserves many of the most vide for the enormous needs that go people about the contorted rules which important aspects of the original along with our status as the transpor- govern campaigns, and about the ur- ISTEA, and that strengthens many tation hub of the Nation. gent need to reform the system. They other important provisions, and I com- Mr. President, I am confident that have refused a most reasonable request mend them for their hard work and when the Senate does take up the from a majority of Senators—an agree- diligent efforts in this regard. ISTEA reauthorization bill, we will be ment that the Senate will take up con- This ISTEA reauthorization bill, able to work together on a solution sideration of campaign finance reform however, fails to allocate funds in a that provides funds to areas with the legislation, under normal procedures manner that adequately meets the greatest needs. I am also confident and normal rules, with amendments needs of our Nation’s intermodal trans- that the Senate will ultimately take and votes and deliberations on the is- portation system. It does not recognize up, consider, and enact serious cam- sues, sometime next year. and provide sufficient funds to areas of paign finance reform legislation. These Mr. President, we did not cast our the Nation that are responsible for the issues are simply too important for votes today against cloture because we majority of our Nation’s commercial there to be any other outcome. are confident that the McCain- traffic. It does not adequately address I yield the floor. Feingold campaign finance reform leg- the relationship between transpor- f islation could be enacted into law, or tation and our economy. because every one of us thinks it is the In 1991, when Congress enacted THE IRAN MISSILE PROLIFERA- ‘‘end-all, be-all’’ of campaign finance ISTEA, we stated: TION SANCTIONS ACT OF 1997 reform legislation, but because we be- It is the policy of the United States to de- Mr. DASCHLE. Mr. President, I am lieve it is imperative that the Senate velop and National Intermodal Transpor- joining a large bipartisan group of Sen- engage in a real debate over this issue. tation System that is economically efficient ators in cosponsoring S. 1311, the Iran We believe the Senate has a respon- and environmentally sound, provides the Missile Proliferation Sanctions Act of foundation for the Nation to compete in the 1997. sibility to consider this issue. We be- global economy, and will move people and lieve that what has happened here over goods in an energy efficient manner. . . . This bill addresses one of the most the last several weeks as parliamen- The National Intermodal Transportation pressing national security problems we tary blockage after parliamentary System must be the centerpiece of a national face—Iran’s efforts to acquire tech- blockade has been erected in front of investment commitment to create the new nology that will enable it to build efforts to debate campaign finance re- wealth of the Nation for the 21st century. weapons of mass destruction. Certain form has been an abrogation of the That is what the authors of the origi- Russian entities have engaged in some democratic process. nal legislation stated as a goal. If the level of cooperation with Iran, and, It is the business of the Senate to de- next ISTEA does not follow this impor- while the Russian Government does bate measures, offer up amendments, tant declaration, if it does not provide not appear to be aware of these activi- and vote on issues, and the Senate has adequate funding to maintain and im- ties, the effect is the same—putting done none of the above with respect to prove the corridors and areas that are very dangerous technology in the campaign finance reform. responsible for our Nation’s commerce, hands of a regime that intends to de- It appears that, for the moment, the the effects of our negligence will ripple stabilize. majority has succeeded in blocking de- throughout every sector of our econ- Mr. President, all Americans share bate over campaign finance reform leg- omy. the goal of stopping these technology islation. I have no doubt, however, that My home State of Illinois serves as transfers, but there are clear dif- this issue will ultimately come up, if the transportation hub for our Nation’s ferences on how to achieve it. The ad- for no other reason than the American commerce. It is home to the world’s ministration has launched an aggres- people are fed up and frustrated with busiest airport and two of the world’s sive diplomatic onslaught, pressing the the current system. busiest rivers. It is where the Nation’s Russian Government to do all it can to It also appears that, for the moment, freight railroads come together to halt these activities. Vice President the majority has derailed consideration move goods from one side of the coun- Gore and Secretary of State Albright of the ISTEA reauthorization bill. Let try to the other. It is the center of the are fully engaged in this effort. In addi- there be no illusions, however, that Nation’s truck traffic. If you add up tion, the President has appointed top ISTEA is dead. It is not dead. This leg- the value of all truck shipments in the diplomat and former Ambassador October 28, 1997 CONGRESSIONAL RECORD — SENATE S11277 Frank Wisner as his personal envoy to Mr. BYRD. Mr. President, what is the which may be accidental. There is the Russians on this issue. Ambassador pending business before the Senate? some misinformation that has been Wisner has made several trips to Rus- The PRESIDING OFFICER. The Sen- spread about the amendment that my sia seeking a crackdown on exports of ate is in a period of morning business. three colleagues and I have sponsored. sensitive technology and has scheduled Mr. BYRD. At the conclusion of the So I believe at this time, there should another visit in several weeks. period for morning business, what be some discussion so as to clarify our I am hopeful this legislation will help would be the business before the Sen- amendment, what it really will do, the administration in its efforts to im- ate? what it will not do, and also it is my press upon the Russians just how seri- The PRESIDING OFFICER. The reg- opinion that we should understand ously the U.S. Congress takes this ular order would be the laying down of what the Chafee-Domenici amendment issue. Diplomacy clearly plays a criti- S. 1173, the ISTEA-II bill. will do and what it will not do. cal role in these situations, but so does Mr. BYRD. The ISTEA bill? My colleagues who are coauthoring the tough approach laid out in this bill. The PRESIDING OFFICER. That is my amendment and I have taken the The sanctions it provides will send a correct. floor on at least two occasions to de- clear message to Russian entities in- Mr. BYRD. The ISTEA bill. Mr. scribe our amendment. And most re- volved in these technology exchanges President, I have a feeling that the cently, during the time of the last dis- that they will face heavy costs if they leader is probably not prepared to go cussion of my amendment, Mr. CHAFEE choose to proceed with business as back on that bill at the moment, so I presented me with a copy of the usual. will ask unanimous consent that I may Chafee-Domenici amendment. The Senate version of the bill is not proceed for such time as I may However, I haven’t heard any expla- without its problems, however. Specifi- consume out of order. nation of that amendment as yet. I cally, the bill does not include a provi- The PRESIDING OFFICER (Mr. think we ought to have an explanation sion allowing the President to waive THOMAS). Without objection, it is so or- before we act on the bill, one way or the bill’s sanctions if he finds it nec- dered. another, and certainly before sine die essary to do so on national security f adjournment. I hope that we will get a grounds. The House version of the leg- 6-year highway bill, but with each islation does include a waiver, and I am INTERMODAL SURFACE TRANS- passing day, the prospects of such are hopeful that any final bill will include PORTATION EFFICIENCY ACT by that degree diminished. one. The President needs this discre- Mr. BYRD. Mr. President, I take the But in any event, I would want Sen- tion in dealing with this extremely dif- floor at this time for several reasons, ators to have a better understanding of ficult situation. one being that the Senate would be on my amendment and certainly the Mr. President, I look forward to con- the ISTEA bill if the regular order amendment by Senators CHAFEE and tinuing to work with the administra- were called for at this point. No other DOMENICI before we go out or before we tion and Members on both sides of the legislation is before the Senate. Con- leave this subject entirely. aisle to address this critical threat. It sequently, I feel it is appropriate to be I have called for Mr. CHAFEE and Mr. is imperative that we all work together talking about the ISTEA bill. DOMENICI. I wasn’t able to contact Sen- in an effort to prevent Iran from ac- Second, three of my colleagues, Sen- ator DOMENICI, but I was able to con- quiring such dangerous and destabiliz- ators GRAMM of Texas, BAUCUS, and tact Senator CHAFEE. I wanted to let ing technology. WARNER, and I have introduced an them know that I hoped we could use f amendment to the ISTEA bill and we this time, when no other Senator is seeking recognition, to discuss this THE VERY BAD DEBT BOXSCORE have explained that amendment and discussed it upon more than one occa- matter and particularly to have some Mr. HELMS. Mr. President, at the sion. As we have explained, our amend- explanation of the Chafee-Domenici close of business yesterday, Monday, ment provides that 90 percent of the amendment. October 27, 1997, the Federal debt stood Mr. CHAFEE was in the Intelligence funding will be distributed on the same at $5,427,907,147,573.22 (Five trillion, Committee at the time and was busy basis as in the ISTEA bill before us, four hundred twenty-seven billion, nine there, but he very kindly came to the and that 10 percent would be allotted hundred seven million, one hundred floor and has indicated to me—he is for discretionary as is the case in the forty-seven thousand, five hundred sev- here on the floor now and he can speak enty-three dollars and twenty-two ISTEA bill before us. In the amend- for himself—that on tomorrow, he will cents). ment, which I have coauthored with seek some time to discuss and explain the other three Senators, I have pro- Five years ago, October 27, 1992, the the amendment that he and Mr. DO- vided that in the 10 percent discre- Federal debt stood at $4,064,077,000,000 MENICI have offered. (Four trillion, sixty-four billion, sev- tionary portion, $2.2 billion would be At this time then, Mr. President, I enty-seven million). allotted to the Appalachian regional want to say a few words about the Ap- Ten years ago, October 27, 1987, the highways—$2.2 billion of the $3.1 billion palachian Regional Highway System, Federal debt stood at $2,385,921,000,000 in discretionary funding. The overall because that figures very importantly (Two trillion, three hundred eighty-five amount of funds that would be pro- in the amendment which I have offered billion, nine hundred twenty-one mil- vided by our amendment would be $31 for printing, and I think that the Mem- lion). billion. bers of the Senate ought to have a bet- Fifteen years ago, October 27, 1982, The basis of our amendment is that ter understanding of the background of the Federal debt stood at inasmuch as the 4.3-cent gas tax has that particular subject matter. I also $1,141,248,000,000 (One trillion, one hun- been ordered by the Senate to go into want to direct some comments to to- dred forty-one billion, two hundred the trust fund as of October 1 this year, day’s edition of Congress Daily to an forty-eight million). that money should be spent for trans- item therein which bears the headline: Twenty-five years ago, October 27, portation purposes. ‘‘DOT Study, Domenici-Chafee Letter 1972, the Federal debt stood at The American people, being under Hit Gramm-Byrd Plan.’’ $439,190,000,000 (Four hundred thirty- that impression, and having every There are some inaccuracies in that nine billion, one hundred ninety mil- right to be under that impression be- article, and I hope to address some of lion) which reflects a debt increase of cause of the legislation that was passed my remarks to those inaccuracies. I nearly $5 trillion—$4,988,717,147,573.22 recently stating that the 4.3-cent gas also would be pleased if the other three (Four trillion, nine hundred eighty- tax would go into the highway trust cosponsors of our amendment could eight billion, seven hundred seventeen fund, that would be broken down as fol- come to the floor and, likewise, make million, one hundred forty-seven thou- lows: 3.45 cents for highway funding some remarks. sand, five hundred seventy-three dol- and 0.85 percent would be for mass All three offices have been alerted, lars and twenty-two cents) during the transit. and it is my understanding that those past 25 years. There is a considerable amount of Senators will come at such times as The PRESIDING OFFICER. The Sen- confusion, some of which I think has they can be free from other appoint- ator from West Virginia is recognized. been deliberately spread, some of ments. I apologize for, in a way, for S11278 CONGRESSIONAL RECORD — SENATE October 28, 1997 taking the floor at this time. I know gion, however, the highway system is all four uncompleted corridors, D, G, H that the other cosponsors are very something like 78 or 79 percent com- and L. When the Intermodal Surface busy, and I know also that Mr. CHAFEE plete. Transportation and Efficiency Act, and Mr. DOMENICI are busy, but I shall Now, the Interstate System all over ISTEA of 1991, came along, I asked that proceed. this country is 100 percent complete— language be included authorizing the First of all, let me address my com- virtually 100 percent. That is some- completion of the Appalachian system. ments briefly to the Appalachian De- thing like 43,000 miles, I believe. And that was done. velopment Highway System. But the Appalachian highway system The Appalachian Development High- Mr. President, when I was a member remains, a good bit of it, yet to be com- way System in West Virginia com- of the West Virginia House of Dele- pleted. West Virginia, as I say, is 74 prises a total of 428.9 miles of roadway, gates 51 years ago, West Virginia had percent complete. The other States in completed or under construction, in de- only 4 miles of divided four-lane high- the Appalachian region are about 78 or sign or in corridor location study ways—4 miles! Let me say that again. 79 percent complete. So West Virginia phase. The entire State of West Virginia had is behind the region as a whole. In the case of the Appalachian sys- only 4 miles of divided four-lane high- A great many people have criticized tem, I think it would be informative to ways in 1947, the first year in which I me over the years for acting in my Ap- point out that Appalachia’s rugged ter- served as a member of the West Vir- propriations Committee to get moneys rain has made roads very expensive to ginia Legislature. for West Virginia’s Appalachian cor- build. Early roads usually followed the I can remember an article that ap- ridors. But as chairman of the Senate topography, that is, they followed peared in the Saturday Evening Post Appropriations Committee, I provided streams, valleys and troughs between by a Mr. Roul Tunley, on February 6, not only money for West Virginia’s Ap- mountains, and the resulting highways 1960. I was a Member of the U.S. Senate palachian corridors but also funding were characterized by very low travel then. That was my second year in the for Appalachian corridors in all of the speeds, long distances due to winding U.S. Senate. In Mr. Tunley’s article, he 13 States of Appalachia. Nothing was road patterns, often very unsafe road said this: ‘‘Its’’—meaning West Vir- said about that by my critics. But that conditions, roads built to poor design ginia’s—‘‘Its highway system is several is neither here nor there at the mo- standards, unsafe, short-sight dis- decades behind that of its neighbors.’’ I ment. I just mention it in passing. tances, and extremely high construc- The point is that while the Interstate haven’t forgotten that quotation. I tion costs which further discouraged System has been completed all over commercial and industrial develop- have been carrying it around up here this country, the Appalachian highway ment. somewhere in my gray matter now for system is yet to be completed. The peo- Now, I should say that miles con- these 37 years. ple in Appalachia have been promised structed, alone, do not really measure I cannot forget it. It is etched into for 31 years that that system would be the impact of a development highway my memory. The Saturday Evening completed. It isn’t completed yet. So system. Its success is measured in how Post, a national publication, said, in an they have been living on a prayer and it allows the region to be opened up for article by Roul Tunley, with reference a promise, in considerable degree. development and how it allows for the to West Virginia’s highway system: About one-fourth of the system—one- improvement of its inhabitants’ condi- ‘‘Its highway system is several decades fifth to one-fourth of the system—is tion. behind that of its neighbors.’’ not yet complete. And I think it is A 1987 survey taken by the Appalach- Now, Mr. President, those words about time we fulfilled our promise ian Regional Commission showed that have, as I say, been etched into my that Congress made to the millions of between 1980 and 1986, 560,000 jobs were memory. They have been burned into people who live in Appalachia that created in the Appalachian counties my memory, virtually seared into my their system at some point would be with a major highway, compared with memory. completed, too. 134,000 jobs created in those counties I was a Member of the other body Now, Mr. President, I see on the floor without a major highway. It is clear when the Interstate System was inau- my friend, Senator GRAMM. If he would the highways are the lifeline and the gurated. President Eisenhower was in like to speak for a moment—— lifeblood of the Appalachian region. his first term. Mr. GRAMM. No. Go ahead. The idea of a regional interconnected In any event, in 1956, which was dur- Mr. BYRD. He indicates that I should network of highways is as vital today ing the 84th Congress, Congress passed go ahead. as it was in 1965. It has the same pur- legislation to provide for a gas tax to So, with the passage of the Appalach- pose as the Appalachian corridor sys- be placed into the highway trust fund. ian Regional Development Act by Con- tem which was created 32 years ago. I was a Member of Congress at that gress in 1965, the Appalachian Develop- The National Highway System was time. ment Highway System got its start by designed to provide an interconnected In 1965, 9 years later, Congress passed providing smaller regional centers in system of principal arterial routes the Appalachian Regional Development the Appalachian region with four-lane which would serve major population Act. It provided for an Appalachian re- expressway links to the Interstate centers—water crossings, ports, air- gional highway system. That was 1965. Highway System. The new corridors ports, other intermodal facilities and It was fiscal year 1966; in other words, were devised to open areas with devel- travel destinations—while meeting na- calendar year 1965, when Congress ap- opment potential where commerce and tional defense requirements and serv- propriated its first moneys toward the communication had previously been ining interstate and interregional travel. Appalachian regional highway sys- hibited by a lack of access. A factor which is often overlooked in tem—1965, fiscal year 1966. It has been On June 17, 1965—32 years ago, and connection with Appalachian regional a long time ago. then some—the first Appalachian cor- highways is the factor of safety. It is So, over 30 years ago, Congress en- ridor construction project in West Vir- important that States in Appalachia acted legislation saying to the people ginia was contracted for a section of have modern, safe roads. Current acci- of Appalachia, the people of the 13 corridor D, U.S. 50 in Doddridge County dent rates on the highways in the area States in Appalachia, that an Appa- that is between Parkersburg, WV, and of corridor H —if I may take one exam- lachian highway system was going to Clarksburg, WV. ple, in West Virginia—are above the be established and funded. The Appalachian corridor highway Statewide average. The accident rates West Virginia is the only one of the construction era really picked up along in that area are above the State- 13 States that is wholly within Appa- steam in West Virginia following the wide average. The State of West Vir- lachia. But contrary to the understand- November 1968 approval by the voters ginia itself has accident rates which ing of a good many people, I suppose, of a $350 million road bond, the pro- are above the national average. Be- West Virginia is not the only State in ceeds of which were used to provide the cause much of the State’s road system Appalachia. During these intervening State’s matching share for corridor was built in the 1930s, the existing 32 years, West Virginia’s Appalachian construction. roads reflect a happenstance response system has become 74 percent com- During these years, for the most to topography rather than strategic plete. For the entire Appalachian re- part, funding has been directed toward planning. October 28, 1997 CONGRESSIONAL RECORD — SENATE S11279 Shortly, I will yield to Senator ple of Appalachia have no right to ex- defined bond of union, but in all main re- GRAMM, but while I am on this aspect, pect appropriations for an Appalachian spects separate and diverse. On that sys- namely, the Appalachian highways in Regional Commission system, and that tem— the ISTEA amendment which Senator moneys spent in one region of the Mr. Hayne’s system— GRAMM, Senator WARNER, Senator BAU- country for highways is to the dis- On that system, Carolina has no more in- CUS, and I have introduced, the Appa- advantage of the voters, the taxpayers, terest in a canal in Ohio than in Mexico. The lachian regional highways, along with the people of other regions of the coun- gentleman, therefore, only follows out his various trade corridors and bridge re- try. There seems to be such an attitude own principles; he does no more than arrive pairs constitute 10 percent of the in editorials and columns and so forth at the natural conclusions of his own doc- trines; he only announces the true results of total—the total being $31 billion; 10 over the years; that what the people in that creed which he has adopted himself, and percent being $3.1 billion—the 10 per- Appalachia are getting by way of high- would persuade others to adopt, when he cent being precisely the same break- way funding is pork and that they were thus declares that South Carolina has no in- down as in the ISTEA bill that is be- actually getting more than their share. terest in a public work in Ohio. fore the Senate. In that bill, 90 percent A lot could be said about that. May I interpolate. The same thing goes to formula funding and 10 percent But this attitude that appropriations has been said about the Appalachian to discretionary to be determined by projects in one section of the country Highway System, or at least implied. the Secretaries of Interior and Trans- benefit only that section, they don’t Why should people build highways portation. benefit the whole country, and, there- across those rugged mountains, those So, I simply wanted to say for the fore, should not be made, and that it is stream valleys that have been there for record that Congress and the Federal unfair to focus funds on a particular millions of centuries? Why should the Government promised to the people in area, a particular State or a particular taxpayers of America pay for highways the 13 States of Appalachia 32 years region of a country, that that is an un- to cut through those Allegheny Moun- ago a highway system that would be wise, unfair and unjustified expendi- tains? Why should we have to do that? modern, that would be safe, and that ture of the taxpayers’ money, I want to Webster says, as he said to Hayne, would contribute to the commerce and address that. ‘‘the gentleman thinks otherwise.’’ communication, economy and I want a Senator who is far better And he said: upbuilding of that region and the well- known than I am to address the matter Sir, we narrow-minded people of New Eng- being of its people, and that promise for me, and I will call on none other, land— has not been fulfilled yet. I think it is therefore, than Daniel Webster. I refer Webster is referring to himself and about time we consider fulfilling the to his reply to Hayne. He took 2 days others from that area— promise that Congress made to the peo- to reply to Senator Hayne, namely on ple of Appalachia. That is what I am the 26th and 27th of January, 1830. Sir, we narrow-minded people of New Eng- land do not reason thus. Our notion of things attempting to do in this amendment, Hayne had spoken on Thursday and is entirely different. We look upon the to go a long way in halfway fulfilling Friday of the previous week. Webster states, not as separated, but as united. We the promise. had taken 12 or 13 pages of notes, and love to dwell on that union, and on the mu- The promise—$2.2 billion, and $300 over the weekend, he thought about his tual happiness which it has so much pro- million in the bill itself—is $2.5 billion, speech, and then on the following Tues- moted, and the common renown which it has and it is estimated that the total cost day and Wednesday, the 26th and 27th, so greatly contributed to acquire. In our con- of completing the Appalachian regional he made his speech. templation, Carolina and Ohio are parts of system in the 13 States of Appalachia He addressed Senator Hayne, as well the same country; states, united under the is something like $6 billion to $7 bil- as Senator Hayne’s statements and same general government, having interests, common, associated, intermingled. lion, the Federal share, and the Federal charges, namely that the people of the share is 80 percent. whole country should not have to pay ‘‘Having interests, common, associ- So in this particular ISTEA bill, for internal improvements that occur ated, intermingled.’’ which would be for the next 6 years, of in a particular State. In whatever is within the proper sphere of course, we would only take advantage So Webster took the floor on that oc- the constitutional power of this government, of 5 years because the first year of the casion and spoke as follows. I have we look upon the states as one. 6 years is already underway. It started gone back and read Webster’s speech, That’s Webster. ‘‘. . . we look upon on October 1 of this year and the gas and I will quote from it precisely. This the States as one.’’ Now listen to what tax just began going into the trust is Daniel Webster: he says to those who would criticize fund as of October 1 of this year. Con- I look upon a road over the Alleghanies, a the expenditure of public moneys for sequently, we would not see that canal round the falls of the Ohio, or a canal internal improvements. By the way, money until next year, so it would be 5 or railway from the Atlantic to the Western that was one of the main planks in years out of the 6-year life of this waters, as being an object large and exten- Henry Clay’s ‘‘American System,’’ ISTEA bill that we would provide sive enough to be fairly said to be for the which advocated a national tariff, in- common benefit. something like $2.5 billion for the Ap- ternal improvements, and a national palachian Regional Commission high- Let me say that again: bank. Clay was instrumental in getting ways in 13 States—not just in West Vir- I look upon a road over the Alleghanies— funds for the old Cumberland Road, the ginia, 13 States. Hopefully, the next He is talking about my country when old national road. The next time that ISTEA bill, 6 years down the road, he talks about a road over the Alleghe- the distinguished Presiding Officer would make further provision and per- nies, the Allegheny Mountains. That is drives from Washington over to Wheel- haps at some point in the not-too-dis- a part of Appalachia. Appalachia ex- ing, WV, he will travel on the old na- tant future the people of Appalachia tends farther, a larger area than the tional road, the old Cumberland Road. could look up and see their modern, Alleghenies. But Webster said: It was begun in the year 1811, and safe, highway system completed, and I look upon a road over the Alleghanies, a that was the gate to the Midwest and the rest of the country, including the canal round the falls of the Ohio, or a canal the West. By 1838, Congress had appro- Congress, could look the people of Ap- or railway from the Atlantic to the Western priated a total of $3 million—think of palachia in the eye and say, ‘‘We kept waters, as being an object large and exten- it, $3 million—toward the construction sive enough to be fairly said to be for the of that old national road, the old Cum- our promise.’’ common benefit. The gentleman— That is what I am fighting for here berland Road. Begun in 1811, by 1838, today. That is why I hope to reach the Meaning Mr. Hayne— Congress had appropriated the enor- ears and the hearts of my colleagues so thinks otherwise, and this is the key to his mous sum of $3 million of the national that they have a better understanding construction of the powers of the govern- taxpayers’ money for construction on ment. He may well ask what interest has the old Cumberland Road. And Henry of why this money is being provided in South Carolina in a canal in Ohio. On his our amendment. system, it is true, she has no interest. On Clay had a great deal to do with the ap- Mr. President, there may be an atti- that system, Ohio and Carolina are different propriations of those funds for that old tude around, and at times I have sensed governments, and different countries; con- Cumberland Road. an attitude, to the effect that the peo- nected here, it is true, by some slight and ill- Well, now continuing with Webster. S11280 CONGRESSIONAL RECORD — SENATE October 28, 1997 I am sure that Henry Clay, if he were any more difficulty in erecting lighthouses The amendment that I have offered in the Senate, would make my case for on the lakes, than on the ocean; in improv- with Senator BYRD does not change the the Appalachian regional highway sys- ing the harbors of inland seas, than if they allocation of funds as far as 10 percent tem. were within the ebb and flow of the tide; or going to the Department and 90 percent in removing obstructions in the vast streams Clay on one side—oh, I would like to of the West, more than in any work to facili- going to the States. So when we add an have him here; that great Senator from tate commerce on the Atlantic coast. If additional $31 billion in budget author- Kentucky would make my case—and there be any power for one, there is power ity and $21 billion in outlays, not want- Webster would also make my case, also for the other; and they are all and ing our amendment to substitute for those two great Senators, because they equally for the common good of the country. the wisdom of the committee, we took saw the beauty and the wisdom and the Now, Mr. President, I would like to exactly the same allocation, 90–10, for justice and the fairness in committing yield, without losing my right to the this new money that they had for the the national resources to the develop- floor, to my colleague, Senator GRAMM old money. ment of a section of the country, not of Texas, for such comments as he may Now, if you listen to the critics of just one State. But even Webster would wish to make on this subject matter, our amendment, they have zeroed in on go so far as to say, if it were just in one and I ask unanimous consent to do so. Senator BYRD and on the Appalachian State he would not stand up here and The PRESIDING OFFICER. Without region, and it’s as if this is a whole new ask why he should support it. objection, it is so ordered. area of funding. Well, this is where I But let him speak for himself here. Mr. GRAMM. Let me first thank our think the confusion comes from, and I We do not impose geographical limits to dear colleague, Senator BYRD. I think think I can straighten it out pretty our patriotic feeling or regard; we do not fol- he is giving us a lesson on the history easily. low rivers and mountains, and lines of lati- of funding for highways that is long First of all, President Clinton, when tude, to find boundaries, beyond which pub- overdue and is not generally under- he submitted the highway bill, pro- lic improvements do not benefit us. We who stood. I want to thank him for giving posed $2.3 billion for these 13 States to come here, as agents and representatives of me an opportunity to sort of butt in be funded by the Secretary out of the these narrow-minded and selfish men of New the middle of his speech and really 10 percent of the money set aside for England, consider ourselves as bound to refocus on something that I think is im- gard with an equal eye the good of the whole, the Secretary’s use. He proposed $2.3 in whatever is within our powers of legisla- portant and that really is part of what billion, even though his bill authorized tion. Sir, [he addressed the Chair, ‘‘Sir’’] if a the Senator is saying, but I think sort over $31 billion less than our amend- railroad or canal, beginning in South Caro- of sets it in perspective. I think maybe ment will provide. So remember this lina and ending in South Carolina, appeared by explaining the big picture first and number. The President proposed $2.3 to me to be of national importance and na- then having the Senator explain the billion for the 13 States of Appalachia tional magnitude, believing, as I do that the portion of it related to Appalachia, I to complete their system, which is over power of government extends to the encour- think people will have a clearer view of 75 percent already complete, while pro- agement of works to that description, if I where we are. viding $31 billion less money than we were to stand up here and ask, What interest Let me begin with Appalachia, then has Massachusetts in a railroad in South are providing. Only our amendment Carolina? I should not be willing to face my go to the debate about funding. I then provides only $2.2 billion. constituents. want to talk about an amendment that So if it is the purpose of the Senator Oh, I wish he were here to defend our continues to be referred to in these from West Virginia to somehow exploit case. We have been promised for 32 ‘‘Dear Colleague’’ letters that are being his colleagues, I would have to say that years that this system would be com- mailed. Senator BYRD, I was shocked. he is doing a very poor job of it, be- pleted. It is not completed yet. And The letter today shows that our cause the reality is that our amend- when we seek justice in relation to the amendment is producing 43 States who ment provides an additional $2.2 billion completion of that system, we bear the are losers, and you can imagine my for Appalachia, which is less money slings and arrows of fortune and the consternation when I discovered that than the President requested. He re- criticism of those who would say, my own State was one of the biggest quested $2.3 billion when he was spend- ‘‘Well, why? You’re getting less money losers. So perhaps we are not doing as ing $31 billion overall less than we are than those people in Appalachia. Those good a job as we thought if we could spending. The reality is that our people in those 13 States of Appalachia believe these numbers, but let me as- amendment contains less money for are getting a little more than you are.’’ sure you, do not believe these numbers. Appalachia than the President re- Now, let me first talk about the high- What kind of statesmanship is that? quested. way bill and how it works. How the That is a shortsighted statesmanship Second, the House, when they wrote highway bill works, as it was reported in the eyes of Daniel Webster. a 3-year bill in committee, provided out of committee to the Senate, 90 $1.05 billion for Appalachia; but that’s I should not be willing to face my constitu- cents out of every $1 that is provided in only for 3 years. In fact, if you run it ents. These same narrow-minded men would tell me, that they have sent me to act for the highway bill goes to the States in out to 6 years, they would have pro- the whole country, and that one who pos- a formula. The amendment that Sen- vided approximately $2.5 billion for sessed too little comprehension, either of in- ator BYRD and I have written does not these 13 States and for this funding of tellect or feeling, one who has not large change that formula whatever. We highways within those 13 States, which enough, both in mind and in heart, to em- took the committee’s judgment—we was in the President’s budget and brace the whole, was not fit to be intrusted are not trying to become the highway which has been in every highway bill with the interest of any part. subcommittee through our amend- that we have funded in the recent past. Webster—talking about internal im- ment—we took their formula and allo- So the reality is that, while people provements. cated the money by exactly the same don’t want to debate the real issue Sir, I do not desire to enlarge the powers of formula, only we allocated $31 billion here, which is spending the highway the government by unjustifiable construc- more in budget authority, $21 billion trust fund, we have added less money tion, nor to exercise any not within a fair in- more in outlay than they allocated. I to Appalachia, using the formula of the terpretation. But when it is believed that a will explain where that came from in committee, than the President re- power does exist, then it is, in my judgment, just a moment. quested when he was spending $31 bil- to be exercised for the general benefit of the Under their bill, 10 percent goes to whole. So far as respects the exercise of such lion less. We have requested less money a power, the States are one. the overhead of the Department of for these 13 States than the House pro- Transportation and it funds the Appa- vided in its bill. One; e pluribus unum! lachian Regional Highway System, it So I hope this puts that issue to bed. It was the very object of the Constitution funds the emerging international trade When the President requested more, to create unity of interests to the extent of corridors, it funds all of the research when the House provided more, when the powers of the general government. In war and peace we are one; in commerce, one; projects that are part of the highway this has been an ongoing line item in because the authority of the general govern- system, and it funds the functioning of the highway bill for many years, and ment reaches to war and peace, and to the the Federal highway department and when it was a line item in the original regulation of commerce. I have never seen the administrative expenses. bill, and when we took the committee’s October 28, 1997 CONGRESSIONAL RECORD — SENATE S11281 overall allocation of funds, the point I the 90–10 split, you would have a dif- Senator BYRD and I say we collect am making is that the allocation of ferent allocation. the money on gasoline, on the tax at funds here is basically in line with But the point I want people to under- the pump, and we put it into the trust what the President requested and what stand is that all these charts are being fund. We have been telling people that the House has done. The Senator has sent out about how money would be was for roads, and our amendment sim- explained to us that the highway spent. When you read their amend- ply does what we say we are going to project in these 13 States is 75 percent ment, they are not spending any do. That is, we are going to spend it on complete. Surely, no one believes they money. They are not providing one ad- roads. should be left uncompleted. But the ditional penny for highway construc- So if you believe that the highway Senator is roughly asking for the same tion; yet, they keep putting out tables trust fund ought to be spent on other amount of money that was provided by showing what would be provided if things, you should vote against our the President, that was provided by the someone at a later time and a later amendment. You ought to support peo- House, even though the President was place decided to provide it. ple who are opposing it. But if you be- providing $31 billion less overall. What Senator CHAFEE and Senator lieve that the highway trust fund, Now, having, I hope, put that to bed, DOMENICI are really saying is: Don’t au- which is funded with a gasoline tax, to anybody who wants to debate the thorize highway spending in the high- ought to be used to build roads, which issue I would have to say—and I want way bill. Don’t let the trust fund, is what we claim we are doing, if you to be sure that I am always kind to our which is collected as a tax on gasoline, think it is fundamentally wrong, some colleagues—that it is frustrating to me be authorized to be spent on highways. might say dishonest, to build up a sur- to try to debate an issue when we are Wait and let a budget be written in the plus of $90 billion in a highway account having so much trouble getting people future, and then if at that time it is de- so the money can be spent for other to focus in on that issue. cided to spend the money for the pur- things, then there is only one amend- I want to give you an example. There pose that the tax was collected, then ment that is going to fix it. That was a ‘‘Dear Colleague’’ letter sent we will spend the money. amendment is the amendment that I Senator BYRD and I disagree. We today with this headline: ‘‘Final Anal- am offering with Senator BYRD. wrote a highway bill 6 years ago. Have ysis Complete; 43 States Lose Under So in regard to our amendment, we ever changed the authorization in 6 Byrd-Gramm.’’ As I said, unfortu- there have been a handful of criticisms, years under that highway bill? The an- nately, my State is one of the biggest and I want to respond to one of them swer is no. We have had to live with it losers in the country, losing $28 mil- and try to do it briefly so I can get out every single day. We are now trying to lion. Now, what are we losing relative of the way and let Senator BYRD go write a highway bill for the next 6 to? Well, what we are losing relative to back to giving us a history lesson on years, and Senator CHAFEE and Senator is the so-called Domenici-Chafee highway construction and about the DOMENICI say don’t write a highway amendment, which I have here, and fairness of the underlying permanent bill for the next 6 years. Leave funding what they are saying is that if you pro- law related to highway construction. at the level that was set out in the bill vided $21 billion more in outlays, and if Let me outline what these criticisms that would let the highway trust fund you don’t fund the overhead of the De- are. First of all, I want to remind my rise to $90 billion by the end of the partment of Transportation, then you colleagues that 83 Members of the Sen- highway bill, and then in the future, if would have additional funds to provide ate voted on a resolution I offered as we decide that we ought to quit mis- to States. But guess what? They don’t part of the budget resolution that leading the American people in telling provide an additional penny. They put called on us to put the 4.3-cent-a-gallon them that these taxes that are paid at out all these tables about what Domen- tax on gasoline, which had been going the pump go to build highways, then in ici-Chafee would provide. But when you to general revenues, in the highway the future in some budget resolution take their amendment and turn to the we could provide that the money would trust fund and spend it for highways. section entitled ‘‘additional funding,’’ be spent. Mr. President, 83 Members of the Sen- and you turn to page 2, they have the But so that no one misunderstands, ate voted for that resolution. Then, in amounts. The amounts referred to in not one penny of additional highway the tax bill that was passed this year, paragraph 1 are as follows: ‘‘(a) for fis- funds are provided in the so-called we took the 4.3-cent-a-gallon tax on cal year 1999, zero; for fiscal year 2000, Chafee-Domenici amendment. There is gasoline and put it where every other zero; for fiscal year 2001, zero; for fiscal only one amendment that takes the permanent tax on gasoline since we year 2002, zero; for fiscal year 2003, highway trust fund that people pay have had a trust fund has gone. We put zero.’’ into when they go and fill up their car it into the highway trust fund to spend So their amendment provides no ad- and fill up their truck and they shell it on highways. ditional budget authority for highways out their hard-earned money on gaso- Then when the highway bill came out whatsoever. In fact, their amendment line taxes, and we say to them, well, of committee, while we had put 4.3 is convoluted. They go on and say: ‘‘In now, look, it’s for your own good. We cents per gallon into the trust fund, general, there shall be available from are spending it on highways, so this is about $7.2 billion a year when you the highway trust fund such sums as not a tax. It is a user fee. count mass transit and highways, not are provided in paragraph 2.’’ But para- Senator CHAFEE and Senator DOMEN- one penny of it had been spent on high- graph 2, as I just read you, says zero for ICI say, well, look, we don’t want to do ways. Not one penny of it. Under the 1999, zero for 2000, zero for 2001, zero for that. We want to build it up in the original bill, the surplus would have 2002, and zero for 2003. So they will pro- trust fund so that it can be spent on built up to $90 billion, which means in vide such sums as in paragraph 2, but other things. In fact, as Senator our unified budget all that money there aren’t any sums in paragraph 2. CHAFEE said in a speech in the Senate would have been spent on something If you read the fine print in their let- Chamber on October 9, he ‘‘cannot sup- else. ter—you see, there is fine print here port the proposition of spending the Now, Senator BYRD and I have tried that says—and, of course, Senator 4.3-cent gasoline tax.’’ to have a debate on the substance of BYRD would have picked it up because That is a perfectly legitimate posi- the issue, and the substance of the he picks up fine print. I am not sure tion. He cannot support it. But Senator issue is we believe that the trust fund how many of our colleagues did. Here is BYRD and I can support it, and we do made up of taxes on gasoline ought to what it says, in short: ‘‘If the Appro- support it. What our amendment does go for the purpose that we tell the priations Committee funds highway is it starts telling the American people American people it is going for, and programs at $29 billion or great- the truth. And that truth is they are that is to build roads. We have offered er. . .’’—it also should say: ‘‘and if we paying this gasoline tax. We claim it is an amendment to do that. Our amend- authorize such moneys to be spent in going into the trust fund to build ment is as straightforward as it can be. the future.’’ But it does not say that. roads, and yet we have before us a It allocates the money on the same for- Then if you should allocate it the way highway bill that doesn’t spend a mula the committee allocates the they would, not as Senator CHAFEE al- penny of that 4.3-cent-a-gallon tax on money going to the States. It has the located it in his own committee, with gasoline so that it can go to other uses. same amount of money being allocated S11282 CONGRESSIONAL RECORD — SENATE October 28, 1997 by the Secretary. And it is straight- numbers are based on is that, if we de- So, I thank my colleague. I am very forward in terms of what it funds. cided in the year 2000 to provide more proud to cosponsor this amendment Now, the two criticisms that have money, that you could make up a table with him. I think, if anybody will look been leveled are, No. 1, that somehow and show how we might divide it. I sug- at the merits, that this is a truth-in- this is unfair because of funding for gested to Senator BYRD that maybe we government amendment and there is highways under a program which has might want to make up a table that nothing fake about it. There is no hid- existed since—when was the Appalach- said if you took the whole $1.6 trillion den agenda in it. It is simply an ian highway program adopted? that the Government spends and we de- amendment that takes the formula Mr. BYRD. 1965. cided to spend it on highways, we written by the committee for allocat- Mr. GRAMM. 1965? might show how much in highway ing funds for the States and allocating Mr. BYRD. Yes. funding our Presiding Officer’s State funds between the discretionary fund of Mr. GRAMM. That somehow because would get. the Secretary and the allocation of it provides funds for a program that be- But would it make any difference? funds to the States. Those are formulas came law in 1965, it is unfair. Well, as The point is, it would make absolutely that we didn’t write; we simply took I have mentioned before, our amend- no difference, because we are not pro- them from the committee. ment does provide $2.2 billion for that posing to take all the money spent by Our amendment is very straight- purpose. It also provides money to the Federal Government and spend it forward. I think if people will look at seven donor States that, because of a just on highways. But it would be as le- it, what it is trying to do, and will de- quirk in the formula, ended up actually gitimate as the table where you are bate it on its merits, it will come down getting less under the committee bill, making up figures about what you may to an honorable choice between two le- and with the support of the chairman do in the future. Listen, when you are gitimate positions. One position says of the subcommittee and the ranking talking about the future and you are let’s continue to take money out of the member we also fix that. not committing to it in the present, highway trust fund and spend it on you can make up any tables you want And finally, rather than just claim- other things. That is one position. The to make up. ing we were doing something for inter- other position is let’s spend the high- But the point is, we are not making national trade corridors, we actually way trust fund on highways. That is provided money for it. The old bill up numbers. We have written an amendment that will require that we the position Senator BYRD and I take. claimed it spent $125 million per year I believe it is the position that the ma- for international trade corridors, but have a full authorization of the 4.3- cent-per-gallon tax on gasoline, so that jority of Members take, and I would Senator BYRD saw in the fine print that like to get the vote and the debate fo- it did not really provide any money. It when people go in and fill up their tanks and they look up there and they cused around the choice. I think we just claimed to provide money. Unfor- want to do that, in all fairness to our tunately, that is something that is see this gasoline tax they are paying, they will know that the 4.3-cent-per- opponents, because we think we will done. win. If it’s on something else, we don’t Our bill does not claim to provide gallon tax has been put into the trust fund and that we are going to spend it know what will happen. But I think, if money it does not provide. It is inter- it’s this clear choice, the people are esting that this criticism would be on roads and that when they are paying that tax, they are allocating that going to be with us. made. But the point is in the first at- money to build roads, and that is what I thank Senator BYRD for yielding. I tack on the 13 States of Appalachia, we told them we were going to do. appreciate it very much. our amendment provides $2.2 billion of So, I don’t know if we will have any The PRESIDING OFFICER. The Sen- funding. The President requested $2.3 more of these tables. This is the second ator from West Virginia. billion. The House passed a level of $2.5 set of tables we have had. I don’t quite Mr. BYRD. Mr. President, I appre- billion. I find it very hard to justify it know where the numbers come from ciate the opportunity to have yielded is a criticism that we are providing and why there are these differences to the distinguished Senator, and I just roughly the money that was requested from the last table. But I can assure as deeply appreciate his statement. I by the President when his bill con- you that if I were going to do some- hope the Senators will read it. It is tained $31 billion less and roughly the thing, the last thing I would do would needed, I think, to disabuse Senators same amount of money provided by the be to cheat my State. I am not in the from what they are being told by Con- House. habit of doing that, and I think if peo- gress Daily and by letters and tables The final criticism is that the oppo- ple look at this, they would find that that are being distributed. I don’t ac- nents of the bill keep putting out ta- we are not in the habit of doing that as cuse anyone of acting in bad faith. I am bles about what their amendment is es- individual Members. So I think it just in no position to do that. But certainly timated to do in fiscal year 2000. doesn’t make sense on the surface. misstatements should be corrected, and First of all, their amendment does So, I thank Senator BYRD, and I hope I hope will be, beyond what Mr. GRAMM not do anything in the year 2000, nor my colleagues now will focus on the has already said. does it do anything in any other year fact that our funding for Appalachia is Mr. President, Senator CHAFEE ear- during the highway bill because, as I roughly what the House did and what lier said—he told me that we would, on noted earlier, on page 2 of their bill the President requested with less tomorrow, get the floor and speak with where, under the title of additional money; that we are providing $31 bil- reference to the Chafee-Domenici funding, they say their additional fund- lion more of budget authority by amendment. I have been insisting to ing is zero for the year 2000, for 1999, spending the gasoline tax on roads— them that their amendment be ex- 2001, 2002 and 2003. And why they something we promised to do and have plained. The amendment which I of- picked the year 2000 I don’t know. The not done—we are spending $31 billion fered on behalf of myself and my three point is there is only one amendment more on roads in terms of authorizing distinguished colleagues was explained, that provides more money for highway the expenditures so we can compete and we were criticized because we had construction in the year 2000. There is each year for that money. mentioned, on the 9th, I believe, of Oc- only one amendment that provides There is no other amendment that tober, before the recess, that we were more for 1999, 2001, 2002, and 2003, and provides a penny. So, if you want to going to offer such an amendment, but that is the Byrd-Gramm amendment. take a promise that someday in the fu- we didn’t actually have it ready by Now I just have to say that I get frus- ture we might get around to funding then so a considerable amount of dis- trated with everybody looking at these roads, if that is good enough, then you cussion went forth as to why we didn’t tables and Senator BYRD and I having might not be for our amendment. But have it, to the effect that Senators to spend our time explaining to them if you really believe we ought to spend couldn’t comment on what they where these numbers came from. These highway trust funds on roads, there is couldn’t see. numbers are basically made up, that’s only one amendment you are going to But on that same day I believe Sen- where they came from. There is noth- get a chance to vote for that will spend ator DOMENICI indicated that he was ing in their amendment that provides a penny more on highways, and that is going to offer an amendment, and, of any additional money. What these the Byrd-Gramm amendment. course, we didn’t get to see that until October 28, 1997 CONGRESSIONAL RECORD — SENATE S11283 one day this week. So we haven’t heard Mr. President, those of us who are Mr. President, the awful truth is that an explanation of it yet. I want an ex- backing this legislation believe that this system failed. It failed to protect planation of it. Just as we attempted the Federal Government has a moral people with hemophilia or their fami- to do our best explaining to our col- duty to help these Americans. lies from deadly disease. That is why leagues and to the American public Let me first talk about the role of we have introduced this bill. Members what our amendment does, I think the the Government in this tragedy. of the Senate don’t have to just take American people ought to have an ex- The Ricky Ray Hemophilia Relief my word for it nor just the word of the planation right here on this floor as to Fund Act of 1997 recognizes that the families in the hemophilia community. what the Chafee-Domenici amendment Federal Government has a responsibil- Rather, in 1993, Mr. President, the Sec- does. That will give us a chance, perity for protecting the safety of the retary of Health and Human Services haps, to refute some of the misinforma- blood supply in this country and a re- opened an investigation, an investigation that is being bandied about. sponsibility for regulating blood prod- tion into the events leading to the As I say, I don’t ascribe to anyone ucts. transmission of HIV to individuals any intentions to go with misinforma- Mr. President, during the 1980’s, our with hemophilia. tion, but I think the public and our col- Government failed to meet this obliga- One of the key questions that was leagues have a right to expect us to tion to the hemophilia community of asked and that they were asked to ad- clear up some of the confusion. So, for this country. The Federal Government dress at the time was this: Did the now I’ll not say any more along that failed in its obligation. People affected Government provide an adequate and line because, as I say, Mr. CHAFEE has by hemophilia—children, adults, and timely response to the warning signs of indicated we’ll talk some tomorrow, the family members who cared for the 1980’s, the warning signs of HIV as and he indicated that he would yield to them—had a right to expect the Na- it related to the blood supply in this me for some comments at that time. I tion’s blood supply system to work. country? hope that Mr. BAUCUS and Mr. WARNER That system relies upon many organi- The Secretary contracted with the will also have a chance to comment at zations, both public and private. It re- Institute of Medicine, IOM, a private that time, particularly with reference lies on many organizations to collect nonprofit organization that provides to the statement by Congress Daily of and process, distribute, monitor, and health policy advice under a congres- today. regulate the blood supply and blood sional charter granted to the National I suggest the absence of a quorum. products. Academy of Sciences. Mr. President, The PRESIDING OFFICER (Mr. ROB- Unquestionably, the Federal Govern- after 18 months of investigation, the ERTS). The clerk will call the roll. ment bears the greatest and the ulti- IOM published its report in 1995. This The assistant legislative clerk pro- mate responsibility for blood safety report was entitled ‘‘HIV and the Blood ceeded to call the roll. through its surveillance, research, and Supply: An Analysis of Crisis Decision- Mr. DEWINE. Mr. President, I ask regulation functions. That is why, Mr. making.’’ Mr. President, the report unanimous consent that the order for President, in 1973 the Assistant Sec- found inadequacies in the Govern- the quorum call be rescinded. retary for Health announced the na- ment’s effort. It found ‘‘a failure of The PRESIDING OFFICER (Mr. tional—national—blood policy which leadership’’ that led to the HIV infec- BROWNBACK). Without objection, it is so then became, according to a report by tion of more than one-half of the Na- ordered. the Office of Technology Assessment, tion’s hemophilia population. This IOM Mr. DEWINE. Mr. President, I further ‘‘The focal point around which blood report and its panel of experts from ask unanimous consent to speak for up banking policy has evolved over the across the country found that the to 45 minutes. last decade.’’ transmission of the HIV virus and The PRESIDING OFFICER. Without Mr. President, this is the U.S. Gov- AIDS revealed a weakness in the Fed- objection, it is so ordered. ernment’s national blood policy—the eral Government’s system for ensuring f U.S. Government’s national blood pol- the safety of the Nation’s blood supply. icy—a policy the U.S. Government un- The Institute of Medicine was specifi- PRIVILEGE OF THE FLOOR dertook, a policy on which the Amer- cally not charged with laying blame, Mr. DEWINE. I further, Mr. Presi- ican people should have been able to but in its final report it was highly dent, ask unanimous consent that rely. The very fact that we have a na- critical of the Government agencies re- Wendy Selig of the staff of Representa- tional policy indicates a level of responsible for protecting the safety of tive PORTER GOSS be granted privilege sponsibility, a level of importance and the blood system in this country. It of the floor during my remarks. involvement that we really don’t see in identified several areas where the Fed- The PRESIDING OFFICER. Without most other areas of consumer protec- eral Government specifically failed to objection, it is so ordered. tion. This policy is what gives the Fed- curtail the impact of HIV. Mr. Presi- Mr. DEWINE. I thank the Chair. eral Government a unique responsibil- dent, the IOM found that the Govern- f ity for the blood supply in this coun- ment ‘‘consistently adopted the least try. aggressive options for slowing the THE RICKY RAY HEMOPHILIA Mr. President, these functions—sur- spread of HIV within the hemophilia RELIEF FUND ACT veillance, regulation, and research on community.’’ Let me repeat: This re- Mr. DEWINE. Mr. President, I rise blood—are carried out through the port, this official report, found that the today to discuss a bill I have intro- Public Health Service. The Centers for Government ‘‘consistently adopted the duced. That bill is called the Ricky Disease Control hold responsibility for least aggressive options for slowing the Ray Hemophilia Relief Fund Act. I in- surveillance of potential threats to spread of HIV within the hemophilia troduced this legislation in the last blood safety. The National Institutes of community.’’ Congress and again this year. I intro- Health are responsible for biomedical Time after time when decisions were duced it along with my distinguished research on emerging threats and im- made in the face of the unfolding HIV colleague from Florida, Senator BOB proved technologies for prevention. Mr. crisis, tragically, the wrong decisions GRAHAM. A House companion measure President, these two agencies work in were made about the blood supply. has been introduced by our friend, Con- conjunction with the Food and Drug When faced with decisions about defer- gressman PORTER GOSS. Administration, the FDA, which ring donors or recalling products or Mr. President, the purpose of this bill through its regulatory authority and testing for other known diseases, we is to deal with the terrible tragedy powers of inspection, product recall, know now that the Government offi- within the hemophilia community that guidelines, and fines, holds primary re- cials made the wrong decisions. was brought about by the HIV contami- sponsibility for the safety of the blood Let me talk about these decisions nation of the blood supply and blood supply and blood products under the and about what happened. First, the products during the 1980’s. A number of Food, Drug and Cosmetic Act. To- Federal Government failed to take ade- Americans suffered terrible harm be- gether, Mr. President, these agencies quate steps to screen blood donors. cause they relied on the Federal Gov- form the backbone of our Nation’s Knowing that AIDS was transmitted ernment to protect the blood supply. blood safety system. through blood, the Government did not S11284 CONGRESSIONAL RECORD — SENATE October 28, 1997 do all it could, did not do all it could Back in the late 1970’s, the process of high risk of infection by blood-borne have done to screen blood donors. heat treatment of clotting factor had viruses, such as hepatitis. In January 1983 experts at the Cen- been developed in Europe, providing Because of the hemophilia commu- ters for Disease Control met with rep- hope that the HIV virus could be inac- nity’s reliance on blood products, the resentatives from the other Govern- tivated. Now, while FDA moved quick- Centers for Disease Control monitors ment agencies to consider available ly through 1983 and 1984 to license new the hemophilia community to aid in data on the spread of HIV and to de- manufacturing processes for the heat the detection of emerging viruses or velop at that time strategies for pre- treatment of clotting factor, by 1985, pathogens that could affect all Ameri- vention. Those experts in the Centers heat-treated factor had been as effec- cans. Problems in the blood supply for Disease Control concluded that tive in inactivating HIV. However, Mr. tend to show up in the hemophilia com- AIDS was transmitted by sexual con- President, tragically, the FDA did not munity first—so they serve really as a tact and through blood, and they made act to recall the untreated products. It kind of ‘‘distant early warning system’’ recommendations for enhanced screen- waited until 1989, some 4 years later. for our blood supply. It is a crude but ing of blood donors, including the use Meanwhile, those dangerous products accurate comparison to say that this of a surrogate hepatitis test to screen were left on the shelf to cycle through community is the proverbial ‘‘canary for potentially HIV-infected blood. the system, and all that time a method in the mine shaft.’’ They serve in that In other words, Mr. President, in of making those products safe was function for the rest of us. January 1983 the Government knew readily available. During the 1980’s, when the Nation’s that AIDS was transmitted through Let me turn to the third essential blood supply and blood-derived prod- blood. Now, by that time 12 persons fact. Third, Mr. President, the Federal ucts became contaminated with the with hemophilia had already been diag- Government failed to act quickly to AIDS virus, HIV was detected in three nosed with HIV and some 10 deaths had trace and to notify potential recipients men with hemophilia, providing early already occurred. of AIDS-contaminated blood and blood evidence that this disease could be Let’s go back now to that specific products. Knowing that transmission transmitted through blood—thus af- meeting in January 1983 that I just ref- of HIV-infected blood products led to fecting a far broader cross-section of erenced. At that meeting, experts from HIV infection, knowing some of the our population. We now know that this the Centers for Disease Control esti- blood was contaminated, and knowing was to mean the devastation of the he- mated that intensified screening of people were using it, the Government mophilia community. blood donors would eliminate over 75 failed to immediately notify the people Mr. President, more than 80 percent percent of AIDS-infected donors from who were at risk. Recipients became of people with severe hemophilia and the blood pool, and they estimated that infectious immediately, but appeared half of all persons with hemophilia requiring a surrogate blood screening healthy, of course, for approximately 4 were infected with HIV during the test would detect 90 percent of donors or 5 years, during which time their 1980’s through the use of HIV-contami- with AIDS. Tragically, however, Mr. spouses or sexual partners were at risk nated blood products. In some cases, President, both of these recommenda- of acquiring HIV. If nothing else, Mr. due to a lack of education and out- tions were rejected by the other Gov- President, once the signals were clear, reach, their wives, husbands, children, ernment officials at this meeting. the Government should have done more and partners became infected as well. These two very specific recommenda- to alert people to these risks not just The impact of HIV on the Nation’s tions were rejected again later that to their own health, but to the health hemophilia population has been truly year in December 1983, rejected by the of their loved ones, their spouses, and devastating. The HIV contamination of Food and Drug Administration’s Blood their children. the blood supply has caused significant Products Advisory Committee. These It was in 1988 that President Reagan emotional and financial losses to these recommendations were never imple- issued a Presidential directive to for- families. mented. mulate Federal policy for tracing the Our bill would make a gesture of Let me talk about the second fact. recipients of possibly infected blood compassion to these American fami- Second, Mr. President, the Federal products. lies. It would also acknowledge that Government failed to recall potentially However, tragically, the FDA did not the Government played a role in this contaminated blood and blood prod- issue recommendations for patient no- crisis and, therefore, has incurred some ucts. In two separate instances, the tification until 1991—some 3 years obligation. FDA missed opportunities to get poten- later. Now, by that time, 2,040 persons Eligible individuals, or their fami- tially dangerous products off the shelf. with hemophilia had been diagnosed lies, would be required to document the In the first instance, knowing that a with HIV, and more than 1,500 members use of blood products between July 1982 blood product might have been made of the hemophilia community in this when the first cases of persons with he- with AIDS-tainted blood, the Govern- country had died of HIV. For the hemo- mophilia contracted AIDS were re- ment failed to automatically recall philia community, Government action ported to the Centers for Disease Con- that product. In January 1983, the FDA came too late—much too late. trol and December 1987, when the last decided not to automatically recall he- Mr. President, these are the reasons manufacturer recall of blood products mophilia clotting-factor products why I believe that this country and occurred. linked to donors suspected of having this Congress has a moral obligation to This bill, which has been referred to AIDS supposedly because of concerns help these families. Our Ricky Ray bill the Labor and Human Resources Com- about the impact on the availability of would authorize the establishment of a mittee, already has the bipartisan sup- clotting factor and its cost. trust fund to provide $125,000 in com- port of 35 Members of this body. In July 1983, FDA failed to act. By passionate payment to eligible individ- In coming to the Senate floor this the following year, 1984, 83 cases of per- uals or families of persons with hemo- evening, it is my hope that I will be sons with hemophilia were diagnosed philia and AIDS. The trust fund would able to answer some of the questions with HIV, and 81 deaths had, by that be administered by the Secretary of that have been raised about this bill, point in time, occurred. Health and Human Services and would and to ask those of our colleagues who In the second instance, Mr. Presi- sunset 5 years after it is funded. have not yet cosponsored this bill to dent, knowing that there was now a Mr. President, approximately 7,200 consider doing so after hearing the way to make the blood products safe, people with hemophilia—nearly half of facts that I will be laying out in a mo- the Government failed to take the po- all persons with hemophilia in the ment. tentially unsafe products off the mar- United States—were infected with HIV Let me talk for a minute about how ket until, incredibly, 4 years had through the use of blood clotting prod- I came to introduce this bill. In doing passed. ucts. that, let me tell you a little bit about Mr. President, by 1985, heat-treated These products came from as many the bill’s name sake—Ricky Ray. product was available—heat-treated as 20,000 donors, sometimes even more. Ricky Ray and his brothers were born product, meaning that the virus was These concentrates expose individuals with hemophilia. This is a rare genetic inactivated. with inherited bleeding disorders to a condition, impairing the ability of October 28, 1997 CONGRESSIONAL RECORD — SENATE S11285 blood to clot effectively. This disorder John accompanied Christopher to the There is a much higher standard of affects, today, about 20,000 Americans. National Institutes of Health campus proof for consumers of blood and blood People with hemophilia historically every few weeks for the latest in treat- products. The ability of individuals in had a short lifespan and typically faced ment options and breakthrough tech- this community, the hemophilia com- numerous hospital stays and complica- nologies. munity, therefore, to seek resolution tions. Throughout this experience, the con- in the court system has been severely Hemophilia was also frequently asso- stant thought in the father’s mind was curtailed by these State blood shield ciated with crippling. Persons with he- that he had infused his own son with laws. mophilia would suffer internal bleed- the medicine that would eventually If that were not enough, there are ing, leading eventually to the destruc- kill him. He often thought that he had other legal problems confronting these tion of their joints and muscle tissues, been negligent in some way. Had he hemophilia victims and their families. because no effective treatment existed. perhaps missed a crucial piece of infor- Just a couple of examples. First, col- But this changed in the 1970’s, with mation that could have saved Chris- lecting evidence for suits against man- the development of clotting factor con- topher? Had he missed an important ufacturers is extraordinarily difficult. centrates, which are derived from news story or warning? Was there any- Most individuals that became infected blood. It was also changed by the intro- thing he could have done to save his with HIV had a severe form of hemo- duction of comprehensive care that al- son? philia that meant they were infusing lowed many individuals with hemo- For 5 years, the father, John, shared thousands of units of clotting factor on philia to begin to manage their bleed- in his young son’s battle. Then in Octo- a monthly and sometimes weekly ing episodes at home. ber 1994, Christopher died of complica- Clotting factor eliminated the need basis. These individuals were under- tions from AIDS. He had just entered standably unable to determine exactly for frequent and costly hospitalization the 10th grade and was contemplating and ensured that even persons with se- from which manufactured lot the prod- college plans, a dream that, of course, uct that infected them came. vere hemophilia would be able to at- was never fulfilled. tend school, obtain full-time employ- Second, hemophilia families also face This legislation is really about peo- the problem of statute of limitations. ment, and enjoy greatly increased life ple. It is about people and their expectancy. Clotting factor changed All States have them, and they pro- strength in facing tragedy, the devas- hibit individuals from prevailing in the lives of persons with hemophilia, tation of an entire community of peo- especially for children like the Rays, litigation if the suit was not filed with- ple that today has come to be rep- in a few years of the alleged tort. To who, unlike their grandfathers and resented by a courageous boy from uncle, could now see a future involving the hemophilia community, many indi- Florida by the name of Ricky Ray. viduals were diagnosed after the pre- a long and healthy life. The concerns that I raise today have When clotting factor was introduced, scribed period in the statute of limita- been raised repeatedly by the hemo- it was treated as a miracle drug. Peo- tions and were unable to take any ac- philia community in this country. Un- ple were encouraged to use it not just tion. fortunately, the legal system has not in case of a life-threatening bleed but Just as significantly, they are also been an effective means to address also as a part of their daily lives—a battling a disease with a long and often these concerns nor to provide the as- preventive measure. It is just a slight symptom-free incubation period. This sistance to infected individuals, and exaggeration to say that people were makes statutes of limitation even less encouraged to treat early and to treat there are several reasons why. The first has to do with what’s called defensible and imposes a much greater often. blood shield laws. Whenever the Fed- burden on this community. The great promise of this new treat- All this does not mean that the he- ment, however, proved short lived eral Government writes product liability laws of any kind, we in the Con- mophilia community, these people who when, tragically, it was found to be an have suffered so, has not tried. They effective means to transmit the virus gress insert a standard exemption for blood and blood products. We, there- have. Hundreds of suits have been filed known as HIV. Ricky Ray was diag- against the manufacturers of clotting nosed as HIV positive in 1986. He was fore, defer to the States to regulate in this area, and in doing so we affirm the factor. In some States the hemophilia only 9 years of age. He had contracted community has even been successful in HIV through the use of this remarkable State blood shield laws that are preva- lent throughout this country. rolling back the statute of limitations. new treatment, this clotting factor. Recently, many members of the he- His two brothers contracted HIV as Forty-seven different State jurisdic- tions have exempted blood and blood mophilia community gave up their well and so did 72 other members of the right to continue to pursue the manu- hemophilia community across this products from strict liability or im- facturers through the courts, and they country. plied warranty claims on the basis that did this by agreeing to a class action Ricky Ray and his brothers were blood and blood products are services, kicked out of school. They were kicked not products. Now, this classification settlement. out of school because of their HIV sta- is more than just a question of seman- This settlement brings recognition to tus, and then, when their parents won tics. It means that plaintiffs must the HIV infection of the hemophilia a decision in court to readmit them, prove negligence rather than simply community and provides some relief to arsonists set their house on fire. In- use of the blood was the proximate the community for their suffering. But stead of giving in to anger, Ricky Ray cause of the injury they suffered, which this is not to say that the community became a spokesperson promoting un- is the standard for other products. was holding out until recently for derstanding about HIV. And he did this In 1976, blood banks began receiving something better. Victims were unable until his death in 1992 at the age of 15. exemptions from liability even under a to meet the especially high liability I personally became involved with negligence standard with the passage standards established by the blood the hemophilia community when I met of blood shield laws. In 1977, the courts shield laws. It appears that increasing a father from Ohio whose son Chris- began extending this exemption from momentum for the Ricky Ray bills in topher had severe hemophilia. John liability to blood product manufactur- the House and Senate pushed the nego- Williams was the primary caregiver for ers on similar grounds. They did all of tiations into a final phase. his son. John accompanied Christopher this because the States believed the Senators may ask about the private to his doctor’s appointments and need for an available blood supply, for settlement proposal as offered by four learned how to infuse his child with the surgery and other medical procedures, manufacturers of clotting factor con- medicine that would control his bleed- outweighed the relatively minor risk of centrates in 1996, an offer that was ing disorder. John also shared anguish hepatitis. The rationale was that blood made in April 1996. This settlement, and pain with his 8-year-old little boy product manufacturers should be ex- which has been approved by the U.S. when he then later was diagnosed with empt from product liability, since District Court of Northern Illinois, will AIDS. blood products are unavoidably unsafe, provide each person infected with HIV John was determined, as all parents because the risk of hepatitis simply through the use of clotting factor would be, to help Christopher survive. could not be eliminated. $100,000. The settlement proposal was S11286 CONGRESSIONAL RECORD — SENATE October 28, 1997 drafted so the payment would be con- Because the Government has a test sites and were exposed to radi- tingent upon obtaining certain protec- unique responsibility in the case of ation. Neither group was able to re- tions for recipients receiving means- blood, passage of the Ricky Ray Relief cover from the Federal Government in tested benefits such as Medicaid. Act will not set a precedent. It would, court. Both failed. So for this reason, when we reintro- rather, represent another extraor- The courts had previously ruled duced the Ricky Ray bill this year, I dinary circumstance in which Congress against the uranium miners in Begay v. included a second title in the bill to has determined that injured parties United States, 591 F.Supp. 991 (1984), and protect the eligibility for individuals should receive compensation for inju- against the downwinders in Allen v. receiving Medicaid and SSI upon re- ries sustained as a result of Govern- United States, 816 F2d 1417 (1987). The ceipt of the settlement claim. ment action or inaction. courts found that the Government The Balanced Budget Act of 1997 in- Individuals in the hemophilia com- could not be held liable for injuries be- cluded a provision related to the pri- munity are prevented from recovery cause its policies were protected by the vate settlement protecting the eligi- from the Federal Government under discretionary function exception in the bility of individuals receiving Medicaid the Federal Tort Claims Act [FTCA], Federal Tort Claims Act. benefits. Unfortunately, no similar pro- which is designed to be the exclusive In Begay, the plaintiffs had asserted tection for SSI eligibility was included. means of compensation for injuries sus- that various government agencies were I support the settlement between the tained as a result of the negligence of actionably negligent in leaving the re- hemophilia community and the manu- the Federal Government. Because the sponsibility for uranium mine safety— facturers of clotting factor and see it Federal Tort Claims Act includes an outside Federal enclaves like Indian as the first step in addressing the ongo- explicit exemption from claims that reservations—to the States. They also ing responsibility that the companies arise directly as a result of the ‘‘exer- asserted that these agencies were neg- have to the community they serve. I do cise or performance or the failure to ligent in failing to enforce rigid radi- not believe that the victims—in look- exercise or perform a discretionary ation safety levels in the Indian res- ing for compensation—should be lim- function,’’ victims are barred from re- ervation mines—and that all the Fed- ited to seeking from private compa- covery for the inaction of the FDA in eral agencies involved were themselves nies. This should not be an exclusive its regulation of blood products. They negligent in failing to establish and en- remedy. It should not be seen as an ex- are barred under this act. force rigid radiation safety standards clusive remedy, very bluntly, because But Congress has acted to com- in the underground uranium mines in the Government shares the blame. And pensate individuals when it determines the 1940’s, 1950’s, and early 1960’s. private settlements are inadequate. that remedy under the Federal Torts The court in Begay suggested that As to the specific figure at which we Claims Act and other statutes is inad- the miners seek redress from the U.S. have arrived—$125,000—I think this is equate. Congressional passage of the Congress. This is what the Court said: an eminently reasonable compensa- Ricky Ray Act would represent an- tion, when you consider that the aver- This tragedy of the nuclear age . . . cries other instance of Congress recognizing for redress. Such relief should be addressed age cost of care for patients with se- the appropriateness of compensating by the Congress as it was in the Texas City vere hemophilia—per year—is $100,000. victims unable to recover under the explosion following the decision of the Su- Let’s look at how some other govern- Federal Tort Claims Act. preme Court in Dalehite. ments have dealt with this problem. Let me discuss two relevant prece- In the Allen case, the downwinder COMPENSATION IN OTHER COUNTRIES dents. One of the first major claims plaintiffs had singled out the alleged Many other developed countries have made after the passage of the Federal failure of the Government to fully established compensation programs to Tort Claims Act was the claim made on monitor offsite fallout exposure, and to assist individuals with blood-clotting behalf of the victims of the explosion fully provide the necessary public in- disorders who were infected with HIV of two cargo ships containing ammo- formation on radioactive fallout. As in by contaminated blood products. nium nitrate fertilizer in the harbor of the Begay case, the court found no ob- In some countries, such as Australia, Texas City, TX, in 1947. In this case, ligation to compensate on the basis of France, Germany, Japan, Spain, and the Supreme court held, in Dalehite v. failing to monitor or warn. A concur- the United Kingdom, assistance has United States, 346 U.S. 15 (1953), that the ring opinion in Allen noted that the come from combined public and private Federal Government was not liable be- court’s hands were tied: sources. Specifically, in Japan, the cause the plaintiffs could not prove government—and the same pharma- While we have great sympathy for the indi- negligence. Additionally, a claim of ab- vidual cancer victims who have borne alone ceutical companies we are dealing with solute or strict liability was rejected the costs of the Atomic Energy Commis- here in the United States—agreed to because the Court found that the Fed- sion’s choices, their plight is a matter for provide, together, payments of $430,000 eral Tort Claims Act did not allow re- Congress. Only Congress has the constitu- to victims of hemophilia-related AIDS. covery on that basis. Despite—and, in tional power to decide whether all costs of The government shouldered 44 percent part, because of—the Supreme Court’s government activity will be borne by all the of the burden, and the pharmaceutical explicit rejection of the claim under beneficiaries or will continue to be unfairly companies paid the rest. the Federal Tort Claims Act, 2 years apportioned, as in this case. In other countries, such as Canada, later, the Congress passed legislation In 1990, Congress did in fact provide Denmark, Hong Kong, Italy, Portugal, providing settlement of claims result- relief to these two groups through the and Switzerland, assistance has been ing from the explosion. This legislation Radiation Exposure Compensation Act, provided directly from the government. established the precedent that Con- Public Law 101–426. The circumstances PRECEDENTS gress may pass legislation authorizing that led to the passage of the Radi- Some of my colleagues have raised compensation without finding the Gov- ation Exposure Compensation Act are, concerns that passage of the Ricky Ray ernment at fault. I believe, very instructive. relief legislation may set a legal prece- Let me turn to another example that In that case, the States failed to re- dent. What kind of precedent is there? closely reflects the hemophilia situa- quire that the private mine operators In fact, the U.S. Congress has a history tion in the mid-1980’s in this country. follow Federal health and safety stand- of recognizing the country’s respon- Congress combined relief for two dif- ards. As a result, people got sick. They sibilities to aggrieved individuals and ferent populations of victims in one could not recover from the private has provided relief for these victims. statute—the Radiation Exposure Com- mine operators—nor could they recover It is my intention, in the next few pensation Act. One group was made up from the Federal Government. Those minutes, to lay out the precedents in of uranium miners who were seeking individuals were compensated later some detail. But I would like to point compensation for the adverse health ef- through congressional legislation, out, first and foremost, that blood is fects they had experienced while work- through action by the House and the unique. The Federal Government and, ing in private mines—private mines. Senate. by its permission, State governments, The second group, known as The facts are clear. In that case, lit- regulate the blood supply in a unique ‘‘downwinders,’’ was made up of indi- tle or nothing was done by the States way. viduals who lived downwind of atomic to force the private mine operators to October 28, 1997 CONGRESSIONAL RECORD — SENATE S11287 improve ventilation in their mines. Al- ment-funded compensation program outlined ties that have surrounded the bombing though the Public Health Service dem- in the Ricky Ray legislation, will provide an investigation, he has served his coun- onstrated that adequate mine ventila- effective means of immediate help. try well and protected American inter- tion would be relatively inexpensive— A host of other developed countries ests in the region with tenacity and and the Atomic Energy Commission have established compensation pro- skill. grams to assist individuals with blood- had developed effective radiation level Of course, Mr. President, this is no clotting disorders who were infected controls, which were available for all surprise to those of us who have fol- State and Federal agencies—the mine with HIV by contaminated blood products. lowed Wyche Fowler’s career of public operators successfully resisted efforts service or worked closely with him dur- to substantially reduce radiation levels I believe it is now time for the United ing his 16 years in Congress. Elected to by improved ventilation techniques. States—and for this Congress—to take the Senate in 1986, Wyche served on the Through legislation, compensation was action as well. I encourage my col- Appropriations, Budget, Energy, and ultimately made to individual miners leagues to cosponsor this legislation, Agriculture Committees. As assistant who worked for private mine operators to join the 35 other Members of this floor leader, he helped fashion a bipar- that were not subject to Federal radi- body who have already signed on as co- tisan consensus on major public policy ation safety requirements. sponsors. The Senate Labor Committee issues. Many of us remember Wyche These precedents bring us directly to is scheduled to have a hearing on this Fowler as an unusually reflective the Federal Government’s responsibil- bill on Thursday of this week. Chair- Member of this body, who talked often ity for the blood supply in this country man HYDE will be bringing the House and bring us directly to this bill. bill before the full House Judiciary of conserving our natural resources and The evidence in the IOM study that I Committee tomorrow. I would invite energy sources. I can remember listen- referenced previously on blood safety my colleagues to examine the hearing ing with humor and fascination as he clearly demonstrates that, in a number record, and learn more about the need used electric toothbrushes to point out of instances, FDA failed to mandate for this bill. I believe the case has been the danger of decadent applications of certain Federal patient safety require- made and the case is clear: The Federal technology. ments for private processors of blood Government has a moral duty to help Before becoming the first Atlantan products, failed to act on recommenda- those Americans who counted on the elected to the Senate, Wyche Fowler tions from the Centers for Disease Con- Federal Government to protect the represented Atlanta’s First District in trol concerning screening blood donors, blood supply. No, Mr. President, this the House of Representatives. First failed to mandate recall of hemophilia bill cannot reverse the tragedies, but it elected in 1977, he served on the Ways clotting factor, and failed to imple- can serve to demonstrate that the Fed- and Means and Foreign Relations Com- ment a 1988 Presidential directive to eral Government can be held account- mittees, as well as the Select Commit- trace recipients of possibly infected able for its actions. tee on Intelligence and the Congres- blood, failed to do that for 3 long years. Mr. President, we often hear that bad sional Arts Caucus. Passage of the Ricky Ray Hemophilia things happen to good people. That is something that governments and Con- Wyche’s legislative record is long and Relief Act does not set a new prece- distinguished: he tried to stop oil drill- dent, but—on the contrary—is fully gresses will never be able to cure. But ing in the Arctic National Wildlife Ref- consistent with the earlier precedents in this case, when bad things happened uge and protect national wetlands; re- set by Congress to provide compensa- to good people, the U.S. Government codified and strengthened the national tion for injury when remedy could be played a part in the problem. The U.S. historic preservation law; established found by no other means. Government should now play a part in the solution—and do something to help joint public/private ventures in alter- HOW TO PAY FOR RICKY RAY native energy; and ensured interest- As this bill is written, the Ricky Ray these American families. I thank the Chair. free relief for farmers in the Farm Act provides $125,000 for each eligible Credit System overhaul. individual, and so, with an estimated f 7,200 affected individuals, the total cost WYCHE FOWLER’S CONFIRMATION The consensus-building skills Wyche of the bill is estimated at $900 million. AS UNITED STATES AMBAS- learned in Congress have stood him in In order to identify individuals and SADOR TO SAUDI ARABIA good stead in Riyadh. Just as valuable, determine their eligibility, payments Mr. President, is his affable personal- Mr. HOLLINGS. Mr. President, I rise ity. All his colleagues in the House and authorized by the legislation will like- today to congratulate my good friend ly occur over several years. This would Senate remember Wyche Fowler as a and former colleague Wyche Fowler on genial and charismatic fellow, not to result in at least two smaller annual his confirmation as United States Am- appropriations requests. mention a great singer of hymns and a bassador to Saudi Arabia. This is a superb storyteller. In fact, Wyche used SUPPORT FOR THIS LEGISLATION great and well-deserved honor for the to entertain us with the same country As I stated earlier, the Ricky Ray former Senator from Georgia. Even songs he performed as a teenager on an Hemophilia Relief Fund Act has the more important, it is a blessing for Atlanta talent show. Though the support of 35 of our Senate colleagues America. Saudis may not appreciate country bal- and the support of 257 Members of the Because his was a recess appoint- lads, I am sure that they will find House of Representatives. ment, Wyche Fowler already has served Wyche Fowler every bit as hard-work- The legislation is also endorsed by with great distinction and success for ing, engaging, and honest as the people the American Red Cross, the American over 1 year in Saudi Arabia. President of Georgia and his colleagues have. Association of Blood Banks, America’s Clinton appointed him to this post just Blood Centers and AIDS advocacy or- days before the June 25, 1996, terrorist And, Mr. President, Wyche is genu- ganizations such as the National Asso- bombing of the United States military inely fascinated by Saudi Arabia’s peo- ciation of Persons with AIDS and the residence in Dahran. Although he took ple and culture. He has begun to learn AIDS Policy Center. the ambassadorship at one of the most Arabic, and already has indulged his In her letter to the National Hemo- tenuous moments in United States- enthusiasm for Arabian history and ar- philia Foundation, American Red Cross Saudi diplomatic relations, Wyche em- chaeology by trekking on camel President Elizabeth Dole stated: braced the challenge and helped ce- through the deserts of Saudi Arabia’s The American Red Cross supports a comment the United States relationship Empty Quarter. prehensive approach to addressing the needs with Saudi Arabia, one of our most im- America is fortunate to have Wyche of those infected with HIV or other trans- portant allies. Fowler as its Ambassador to Saudi missible agents through the use of blood Wyche was sworn in as Ambassador Arabia. His diplomatic skills will see components or blood products. For individuals with hemophilia who were infected with on August 16, 1996. His appointment us successfully through a delicate and HIV before 1985, the American Red Cross became at an important moment in the vital period in our relations with that lieves that finalization of the manufacturers’ relationship between the United States nation. In this instance, Mr. President, settlement offer, coupled with the govern- and Saudi Arabia. Despite the difficul- Georgia’s loss was the Nation’s gain. S11288 CONGRESSIONAL RECORD — SENATE October 28, 1997 RETIREMENT OF GENERAL east. He was there with his family, fleeing to tion you two have been there for our troops SHALIKASHVILI Germany when he first met the American and their families. No ship has been too far, forces that he would one day come to com- no base too remote, no soldier too junior Mr. WARNER. Mr. President, on Sep- mand. than devoting your life to the quality of tember 30, our Nation witnessed a He was there on the free side of Berlin, the their lives. changing of the guard with the retire- Berlin Wall, when George Marshall built a And so, for the miles that you’ve traveled ment of the Chairman of the Joint bridge of help and hope across the Atlantic. and the lives you’ve touched, we are all pro- Chiefs of Staff, Gen. John Well, John and his family crossed the bridge foundly grateful. On the wall in my office hangs a portrait of Shalikashvili. to a place called Peoria, in the heart of America, and John took America to heart. Joshua Chamberlain who fought in the Civil General Shali, as he is affectionately To learn the language, he turned to a leg- War with legendary gallantry and generosity known, served this country with honor end, John Wayne. Imagine this teenage boy of heart. Chamberlain once spoke of develop- and distinction for 39 years, rising from in terms of what he saw in those early moving the kind of character which allows ordi- the rank of private to the top military ies. Perhaps a calling in ‘‘The Sands Of Iwo nary people to become extraordinary or he- post in our Nation, a record that will Jima,’’ perhaps the courage of ‘‘The Rider Of roic. He said, we know not of the future and inspire the next generation. Destiny,’’ perhaps the character of ‘‘The cannot plan for it much. But we can hold our For the past 4 years, as Chairman of Quiet Man,’’ whose words speak volumes. spirits and our bodies so pure and so high, we Well, this boy grew into a man who would may cherish such thoughts and such ideals the Joint Chiefs, he has been the prin- create his own legend. A man of great heart, and dream such dreams of lofty purpose that cipal military adviser to the President and yes, true grit. When the times called for we can determine and know what manner of of the United States and the Secretary bravery and boldness in Vietnam, Major men we will be whenever and wherever the of Defense during a period when we Shali was there leading his comrades against hour strikes that calls us to noble action. witnessed a proliferation of new and the Viet Cong, winning the bronze star for General Shali, long after the sound of unknown threats throughout the valor. those cannons and the celebration of this world. When the times called for a firm hand with day have faded, you can take comfort in Those in the Senate who have had a human touch to help the Kurds of Iraq, knowing that as a result of who you are and General Shali was there providing comfort what you’ve given and what all of us have re- the privilege of working closely with and compassion to the sick and to the suffer- ceived, that whenever and wherever the hour him during these years of new chal- ing. When the times called for a new supreme strikes that calls us to noble action, the men lenge will always remember and ad- allied commander in Europe with a touch and women of America’s military, following mire his honesty, his sound judgment, and toughness of a warrior diplomat, General your example, will always be there. And they and—most importantly—his concern Shali was there reshaping the alliance to too will give a sample of their best. And like for the men and women of our Armed meet the demands of a new era. you, they will know in their hearts it’s been Forces and their families. And then the times called for a new chair- nobly done. man of the joint chiefs of staff, a chairman Thank you. During the traditional farewell cere- who could marshal our forces and harness (Applause) mony at Fort Myer, General Shali was them wisely in a brave new world of great honored with the award of the Medal of expectation and uneasy peace. And President REMARKS OF PRESIDENT CLINTON AT FARE- Freedom and the earned recognition of Clinton wisely chose General Shali, the right WELL CEREMONY FOR CHAIRMAN OF JOINT President Clinton and Secretary of De- man for our time, but also a man with the CHIEFS OF STAFF, SEPTEMBER 30, 1997 fense Cohen. I ask unanimous consent timeless qualities of military leadership set President CLINTON. Mr. Vice President, that the speeches of Secretary Cohen forth by the first chairman, Omar Bradley. Secretary Cohen, Secretary Albright, Sec- and President Clinton from General The qualities of firmness, not harshness; retary Gober, National Security Adviser understanding, not weakness; humanness, Berger, Director Tenet, General McCaffrey, Shali’s farewell ceremony be printed in not intolerance; generosity, not selfishness; to the service secretaries, the joint chiefs, the RECORD. pride, not egotism. the unified commanders in chief, the mem- There being no objection, the speech- Bradley’s litany of leadership can be seen bers of Congress, the members of our armed es were ordered to be printed in the shining in Shali’s eyes, etched in his brow forces, to all the friends of General RECORD, as follows: and painted in the ribbons that brighten his Shalikashvili who are here today, including chest and tell his epic story. former Secretary Perry, former chairmen REMARKS OF WILLIAM COHEN, U.S. SECRETARY Dwight Eisenhower once warned General and members of the joint chiefs, former offi- OF DEFENSE AT FAREWELL CEREMONY FOR Bradley that being chairman was the hardest cials of the Department of Defense, we all CHAIRMAN OF JOINT CHIEFS OF STAFF, SEP- job in Washington. come together in grateful tribute to John TEMBER 30, 1997 Mr. President, I’m not sure whether Eisen- and Joan Shalikashvili. Secretary COHEN: Mr. President, Mrs. Clin- hower issued that warning before or after he This is, frankly, a bittersweet day for me. ton, Vice President Gore and Mrs. Gore, Sec- became president. But surely, it has re- I am full of pride but also some regret. For retary Albright, General McCaffrey, mem- mained one of the hardest jobs in Washing- the last four years I have counted on Shali bers of Congress, the service secretaries and ton. And for Chairman Shali in his time it for his wisdom, his counsel, his leadership. service chiefs and combatant commanders was the job of building a military force that He has become an exceptional adviser and a and spouses, foreign dignitaries and honored was both smaller and better that would re- good friend, someone I knew I could always guests. Let me pay particular note of former main the best trained, the best led, the best depend upon when the lives of our troops or secretary of defense, Bill Perry and Lee, and equipped force in the world. It was a job of the interests of America were on the line, also former deputy secretary John White and responding to threats while shaping the and I will miss him very much. Betty. world for the better; bringing more democ- General Shali is a great American with a Welcome, all of you, and thank you for racy to more nations, more stability to more great American story. A childhood seared by joining Janet and me in paying tribute to regions, and thus, more security to our na- war, he has given his life to the cause of two very special people, John Shalikashvili tion. peace. and his wife, Joan. And the service of John Shalikashvili in From an immigrant learning English, he Justice Oliver Wendell Holmes said, alas, the cause of freedom has come full circle. has become the shining symbol of what gentlemen, that is life. We cannot live our The boy who fled his home of Poland for free- America is all about. He’s never forgotten dreams. We’re lucky enough if we can give a dom is helping to welcome Poland back what his country gave him nor has ever sample of our best, and if in our hearts we home into the family of free nations. Some- stopped giving back to it. His service to our can feel it’s been nobly done. thing that has made the job a little less dif- nation spanning 39 years rises from the Well today, we express our gratitude to a ficult has been the helping hand, the wise ranks of Army private to the highest mili- man who has given more than a sample of counsel and yes, the deep friendship of the tary officer in the land. his best, he’s also lived his dreams. His vice chairman of the joint chiefs, General Of course, the road even for him has not al- dreams have taken him from the streets of Joe Ralston. ways been smooth. I am told that after a Warsaw that he knew as a child to the cor- The president, General Shali and I rely grueling first day at Officer Candidate ridors of Washington he has walked as chair- upon Joe Ralston on a daily basis. And our School, Private John Shali sneaked out of man, and none of us know how much of our nation is safer and more secure because of his barracks looking for a place to resign. lives are determined by chance or choice or his devotion to duty. Our nation can be very grateful that prob- by the guiding hand of providence. And another person serving at Shali’s side ably for the only time in his entire career, he And John Shalikashvili, we only know is a hero, as we have indicated, in her own failed in his mission. that he has stood at the crossroads of key right, Joan Shalikashvili. I am convinced that when future students moments of history. He was there, a boy of If being chairman of the joint chiefs is the look back upon this time, they will rank three, when Hitler’s tanks rolled into Poland hardest job in Washington, then being mar- John Shalikashvili as among the greatest from the west. He was there, a boy of eight, ried to him has to be the second hardest. And chairmen of the joint chiefs of staff America when Stalin’s columns rolled in from the Joan—through 31 years of love and dedica- ever had. October 28, 1997 CONGRESSIONAL RECORD — SENATE S11289 Greatness is something that cannot be be- see the pain in his eyes that he couldn’t tell ber 16, 1997; to the Committee on the Judici- stowed like a medal, a ribbon, a star. It can- me what I wanted to hear and what he ary. not be taught or bought. It comes in the end wished he could say. But with a clear and EC–3271. A communication from the Direc- only from within. General Shali has said firm voice and a direct piercing gaze, he al- tor of the Executive Office for United States that the three indispensable traits of a great ways told me exactly what he thought the Trustees, Department of Justice, transmit- leader are confidence, care and character. He truth was. ting, pursuant to law, a rule entitled ‘‘Proce- ought to know. He embodies them. No president could ever ask for more. dures for Suspension and Removal of Panel His confidence shines in a sterling record Shali has had the support of a proud and Trustees and Standing Trustees’’ received on of innovation and achievement—managing dedicated family. October 16, 1997; to the Committee on the Ju- the downsizing of our forces while upgrading His son, Brandt; his brother, himself a dis- diciary. their capability and readiness; upholding the tinguished green beret veteran; his sister; EC–3272. A communication from the Assist- most rigorous standards for the use of those and of course, there are his dogs. I under- ant Attorney General (Office of Legislative forces in the world where threats to our sur- stand that they are the only living creatures Affairs), transmitting, a draft of proposed vival have faded, but threats to our interests who have never obeyed his orders. legislation entitled ‘‘The National Crime and values have not; dramatically improving And most importantly, there is Joan. Joan, Prevention and Privacy Compact’’; to the joint doctrine and training and taking joint you have been a terrific support for our men Committee on the Judiciary. planning far into the future for the very first and women in uniform. EC–3273. A communication from the Sec- time; and of course, helping bring Europe to- They know you are always looking out for retary of Housing and Urban Development, gether at last in liberty, democracy and them and their families, from around the transmitting, pursuant to law, the annual re- peace. corner to around the world. You were the port of the administration of the Freedom of One of the proudest moments of my presi- chairman’s personal inspector general. When Information Act for calendar year 1995; to dency was standing with Shali in Warsaw as it came to how families are cared for, no one the Committee on the Judiciary. we celebrated NATO’s enlargement and wel- had more commitment, a better eye or a big- EC–3274. A communication from the Chair- comed the people of his original homeland ger heart, and we thank you. man of the National Bankruptcy Review back home to the family of freedom. General, very soon now, you and Joan will Commission, transmitting, pursuant to law, And if the baseline measure of a chair- be settling into your new home in Washing- a report and recommendations; to the Com- man’s competence is successful military op- ton State. You can tuck your uniform into a mittee on the Judiciary. erations, Shali has filled a resume that drawer. You can carry an umbrella. You can f would turn others all a drab with envy. even grow a beard. In the last four years, our troops have been Maybe you’ll actually even open that hard- REPORTS OF COMMITTEES tested in more than 40 operations. From ware store you’d been talking about. I don’t Bosnia to Haiti, the Taiwan straits, Iraq, know if you know the first thing about The following reports of committees Rawanda, Liberia and more, our armed power tools or mixing paint, but the brand were submitted: forces have performed superbly with Shali at you have to offer is the top of the line. By Mr. MURKOWSKI, from the Committee the helm. Our nation is safer. Our armed forces are on Energy and Natural Resources, with an Our troops trust him because they know stronger, and our world is a better place be- amendment in the nature of a substitute: him, how much he cares for them. They have cause of your service. Thank you for all you S. 940. A bill to provide for a study of the seen that caring in his constant contact with have done. establishment of Midway Atoll as a national our service men and women; in the way he God bless you, and Godspeed. memorial to the Battle of Midway, and for warms their hearts with his pride in them; f other purposes (Rept. No. 105–114). and the humility, the honesty, the gracious- H.R. 765. A bill to ensure maintenance of a ness, the respect he always shows to others; MESSAGES FROM THE PRESIDENT herd of wild horses in Cape Lookout National in the wonderful way he listens—even to Seashore (Rept. No. 105–115). bearers of bad news. Messages from the President of the By Mr. STEVENS, from the Committee on Our troops know that he never expects United States were communicated to Appropriations: their gratitude or applause, but he does want the Senate by Mr. Williams, one of his Special Report entitled ‘‘Further Revised to sharpen their capabilities, improve their secretaries. Allocation To Subcommittees of Budget To- welfare and lift their morale, and in his most EXECUTIVE MESSAGES REFERRED tals from the Concurrent Resolution for Fis- important duty, to make sure that whenever cal Year 1998’’ (Rept. No. 105–116). they go into danger, the planning is superb, As in executive session the Presiding the risks are minimized, and every reason- Officer laid before the Senate messages f able measure is taken to ensure their success from the President of the United INTRODUCTION OF BILLS AND and safe return. States submitting sundry nominations JOINT RESOLUTIONS For Shali, caring transcends our obliga- which were referred to the appropriate tions even to one another. He believes in committees. The following bills and joint resolu- America’s unique ability to help others tions were introduced, read the first around the world, sheltering freedom, de- (The nominations received today are printed at the end of the Senate pro- and second time by unanimous con- fending democracy, relieving fear and de- sent, and referred as indicated: spair. ceedings.) By Mr. TORRICELLI (for himself, Mr. He knows that what sets our troops apart f is not just their courage, strength and skill, GRAHAM, Mr. MACK, Mr. SARBANES, but also the ideal they serve, the hope they MESSAGES FROM THE HOUSE and Mr. LAUTENBERG): inspire, the spirit they represent. S. 1321. A bill to amend the Federal Water As some may recall, during the crisis in At 4:30 p.m., a message from the Pollution Control Act to permit grants for Haiti, Shali visited with refugees in the House of Representatives, delivered by the national estuary program to be used for camps observing and listening with quiet un- Ms. Goetz, one of its reading clerks, an- the development and implementation of a derstanding, the quiet understanding of one nounced that the House has passed the comprehensive conservation and manage- who had also been in that position. And he following bill, without amendment: ment plan, to reauthorize appropriations to carry out the program, and for other pur- ordered improvements to make those camps S. 1227. An act to amend title I of the Em- poses; to the Committee on Environment and as comfortable as possible, to alleviate bore- ployee Retirement Income Security Act of Public Works. dom and brighten hopes and bring toys to 1974 to clarify treatment of investment man- By Mr. KENNEDY (for himself and Mr. the children at Christmas. agers under such title. That story also reveals something about KERRY): his character, a clear sense of what is right f S. 1322. A bill to establish doctoral fellowships designed to increase the pool of sci- and wrong, a man who’s conscience is always EXECUTIVE AND OTHER his guide. entists and engineers trained specifically to I’ll miss a lot of things about Shali, but COMMUNICATIONS address the global energy and environmental perhaps most of all, I’ll miss the integrity he The following communications were challenges to the 21st century; to the Com- always displayed in being my closest mili- laid before the Senate, together with mittee on Labor and Human Resources. tary adviser. accompanying papers, reports, and doc- By Mr. HARKIN: In every conversation we have ever had, he S. 1323. A bill to regulate concentrated ani- never minced words, he never postured or uments, which were referred as indi- mal feeding operations for the protection of pulled punches, he never shied away from cated: the environment and public health, and for tough issues or tough calls. And most impor- EC–3270. A communication from the Dep- other purposes; to the Committee on Agri- tant, he never shied away from doing what uty Assistant Administrator, Office of Diver- culture, Nutrition, and Forestry. he believed was the right thing. sion Control, Drug Enforcement Administra- By Mr. LOTT: On more than one occasion, many more tion, Department of Justice, transmitting, S. 1324. A bill to deauthorize a portion of than one occasion, he looked at me. I could pursuant to law, two rules received on Octo- the project for navigation, Biloxi Harbor, S11290 CONGRESSIONAL RECORD — SENATE October 28, 1997 Mississippi; to the Committee on Environ- Due to their popularity, the overall ‘‘(2) PURPOSES.—Grants under this sub- ment and Public Works. capacity of our Nation’s estuaries to section shall be made to pay for assisting ac- By Mr. FRIST (for himself, Mr. ROCKE- function as healthy productive tivities necessary for the development and implementation of a comprehensive con- FELLER, Mr. BURNS, and Mr. HOL- ecosystems is declining. This is a re- LINGS): servation and management plan under this S. 1325. A bill to authorize appropriations sult of the cumulative effects of in- section. for the Technology Administration of the creasing development and fast-growing ‘‘(3) FEDERAL SHARE.—The Federal share of Department of Commerce for fiscal years year-round populations which increase a grant to any person (including a State, 1998 and 1999, and for other purposes; to the dramatically in the summer. Land de- interstate, or regional agency or entity) Committee on Commerce, Science, and velopment, and associated activities under this subsection for a fiscal year— ‘‘(A) shall not exceed— Transportation. that come with people’s desire to live By Mr. DASCHLE: ‘‘(i) 75 percent of the annual aggregate S. 1326. A bill to amend title XIX of the So- and play near these beautiful re- costs of the development of a comprehensive cial Security Act to provide for medicaid sources, cause runoff and stormwater conservation and management plan; and coverage of all certified nurse practitioners discharges that contribute to siltation, ‘‘(ii) 50 percent of the annual aggregate and clinical nurse specialists services; to the increased nutrients, and other con- costs of the implementation of the plan; and ‘‘(B) shall be made on condition that the Committee on Finance. tamination. Bacterial contamination non-Federal share of the costs are provided By Mr. ROTH (for himself, Mr. HAGEL, closes many popular beaches and shell- from non-Federal sources.’’. Mr. THOMAS, Mr. KERRY, and Mr. fish harvesting areas in estuaries. Also, (b) AUTHORIZATION OF APPROPRIATIONS.— AKAKA): several estuaries are afflicted by prob- Section 320(i) of the Federal Water Pollution S. 1327. A bill to grant normal trade rela- Control Act (33 U.S.C. 1330(i)) is amended by tions status to the People’s Republic of lems that still require significant research. Examples include the out- striking ‘‘$12,000,000 per fiscal year for each China on a permanent basis upon the acces- of fiscal years 1987, 1988, 1989, 1990, and 1991’’ sion of the People’s Republic of China to the breaks of the toxic microbe, Pfiesteria and insert ‘‘$50,000,000 for each of fiscal years World Trade Organization; to the Committee piscicida, in rivers draining to estu- 1999 through 2004’’. on Finance. aries in Maryland and Virginia. (c) EFFECTIVE DATE.—The amendments By Mr. INOUYE: Congress recognized the importance made by this section take effect on October S. 1328. A bill to amend the Communica- 1, 1998. tions Satellite Act of 1962 to promote com- of preserving and enhancing coastal environments with the establishment of petition and privatization in satellite com- By Mr. KENNEDY (for himself the National Estuary Program in the munications, and for other purposes; to the and Mr. KERRY): Committee on Commerce, Science, and Clean Water Act Amendments of 1987. S. 1322. A bill to establish doctoral Transportation. The program’s purpose is to facilitate fellowships designed to increase the f State and local governments prepara- pool of scientists and engineers trained tion of comprehensive conservation STATEMENTS ON INTRODUCED specifically to address the global en- and management plans for threatened BILLS AND JOINT RESOLUTIONS ergy and environmental challenges of estuaries of national significance. In the 21st century; to the Committee on By Mr. TORRICELLI (for himself, support of this effort, section 320 of the Labor and Human Resources. Mr. GRAHAM, Mr. MACK, Mr. Clean Water Act authorized the EPA to THE SENATOR PAUL E. TSONGAS FELLOWSHIP SARBANES, and Mr. LAUTEN- make grants to States to develop envi- ACT BERG): ronmental management plans. To date, Mr. KENNEDY. Mr. President, it is a S. 1321. A bill to amend the Federal 28 estuaries across the country have privilege to introduce the Paul E. Water Pollution Control Act to permit been designated into the program. Tsongas Fellowship Act. This bill com- grants for the national estuary pro- However, the law fails to provide as- memorates an outstanding leader and gram to be used for the development sistance once plans are complete and former colleague in the Senate who and implementation of a comprehen- ready for implementation. Already, 17 was an impressive and dedicated advo- sive conservation and management of the 28 plans are finished. cate of technology and environmental plan, to reauthorize appropriations to As the majority of plans are now in protection. Congressman JOE KENNEDY carry out the program, and for other the implementation stage, it is incum- is the sponsor of a companion bill in purposes; to the Committee on Envi- bent upon us to maintain the partner- the House of Representatives. ronment and Public Works. ship the Federal Government initiated As a Senator, Paul Tsongas worked THE NATIONAL ESTUARY CONSERVATION ACT OF 10 years ago to insure that our nation- skillfully to guarantee that technology 1997 ally significant estuaries are protected. and environmental concerns are at the Mr. TORRICELLI. Mr. President, The legislation we are introducing will forefront of our country’s priorities. He today, Senators GRAHAM, MACK, SAR- take the next step by giving EPA au- was an extraordinary leader who un- BANES, LAUTENBERG, and I are intro- thority to make grants for plan imple- derstood the importance of addressing ducing the National Estuary Conserva- mentation and authorize annual appro- the serious energy and environmental tion Act. I rise to draw this country’s priations in the amount of $50 million. challenges we face at home and around attention to our nationally significant To insure the program is a true part- the world. Today, we honor his com- estuaries that are threatened by pollu- nership and leverage scarce resources, mitment to these important priorities tion, development, or overuse. With 45 there is a direct match requirement for by proposing a national fellowship pro- percent of the Nation’s population re- grant recipients so funds will be avail- gram to support graduate students in siding in estuarine areas, there is a able to upgrade sewage treatment science and engineering. compelling need for us to promote plants, fix combined sewer overflows, As a nation, we need to do more to comprehensive planning and manage- control urban stormwater discharges, encourage the best students to pursue ment efforts to restore and protect and reduce polluted runoff into estua- graduate studies in these basic fields, them. rine areas. which are so essential to a strong fu- Estuaries are significant habitat for Mr. President, I ask unanimous con- ture for the Nation. As much as 50 per- fish, birds, and other wildlife because sent that the text of the bill be printed cent of economic growth is attributed they provide safe spawning grounds in the RECORD. to technological innovation. The Paul and nurseries. Seventy-five percent of There being no objection, the bill was E. Tsongas Fellowship will support the the U.S. commercial fish catch depends ordered to be printed in the RECORD, as modern pioneers who will keep the Na- on estuaries during some stage of their follows: tion at the cutting edge of the tech- life. Commercial and recreational fish- S. 1321 nology revolution. eries contribute $111 billion to the Na- The fellowship is modeled on the suc- tion’s economy and support 1.5 million Be it enacted by the Senate and House of Rep- resentatives of the United States of America in cessful Office of Naval Research Grad- jobs. Estuaries are also important to Congress assembled, uate Fellowship Program, which over our Nation’s tourist economy for boat- SECTION 1. NATIONAL ESTUARY PROGRAM. the past 15 years has provided fellow- ing and outdoor recreation. Coastal (a) GRANTS.—Section 320(g) of the Federal ships to 592 graduate students in 11 dis- tourism in just four States—New Jer- Water Pollution Control Act (33 U.S.C. ciplines, and has made significant con- sey, Florida, Texas, and California—to- 1330(g)) is amended by striking paragraphs tributions to research. The Tsongas fel- tals $75 billion. (2) and (3) and inserting the following: lowships in science and engineering can October 28, 1997 CONGRESSIONAL RECORD — SENATE S11291 make a comparable contribution in (B) establish general criteria for awarding SEC. 6. REQUIREMENT. these fields. They will enhance our ef- fellowships; Each Fellow shall participate in a 3-month forts to improve educational oppor- (C) award fellowships; and internship related to the dissertation topic tunity for students, and strengthen our (D) prepare and submit to the Congress at of the Fellow at a national laboratory or least once in every 3-year period a report on equivalent industrial laboratory as approved country’s economy by investing wisely any modifications in the program that the by the host institution. in the future. Board determines are appropriate. SEC. 7. FELLOWSHIP CONDITIONS. The Tsongas fellowships will be a liv- (4) TERM.—The term of office of each mem- (a) ACADEMIC PROGRESS REQUIRED.—No stu- ing memorial to one of the outstanding ber of the Board shall be 3 years, except that dent shall receive support pursuant to an Senators of our time, and I hope that any member appointed to fill a vacancy shall award under this Act— Congress will act quickly on this im- serve for the remainder of the term for which (1) except during periods in which such stu- portant legislation. the predecessor of the member was ap- dent is maintaining satisfactory progress in, Mr. President, I ask unanimous con- pointed. No member may serve for a period and devoting essentially full time to, study sent that the text of the bill be printed in excess of 6 years. or research in the field in which such fellow- (5) INITIAL MEETING; VACANCY.—The Sec- ship was awarded, or in the RECORD. retary shall call the first meeting of the There being no objection, the bill was (2) if the student is engaging in gainful em- Board, at which the first order of business ployment other than part-time employment ordered to be printed in the RECORD, as shall be the election of a Chairperson and a involved in teaching, research, or similar ac- follows: Vice Chairperson, who shall serve until 1 tivities determined by the institution to be S. 1322 year after the date of their appointment. in support of the student’s progress toward a Be it enacted by the Senate and House of Rep- Thereafter each officer shall be elected for a degree. resentatives of the United States of America in term of 2 years. In case a vacancy occurs in (b) REPORTS FROM RECIPIENTS.—The Sec- Congress assembled, either office, the Board shall elect an indi- retary is authorized to require reports con- SECTION 1. SHORT TITLE. vidual from among the members of the Board taining such information in such form and This Act may be cited as the ‘‘Paul E. to fill such vacancy. filed at such times as the Secretary deter- Tsongas Fellowship Act’’. (6) QUORUM; ADDITIONAL MEETINGS.—(A) A mines necessary from any person awarded a majority of the members of the Board shall SEC. 2. STATEMENT OF PURPOSE. fellowship under the provisions of this Act. constitute a quorum. It is the purpose of this Act to encourage The reports shall be accompanied by a cer- (B) The Board shall meet at least once a individuals of exceptional achievement and tificate from an appropriate official at the year or more frequently, as may be nec- promise, especially members of traditionally institution of higher education, or other re- essary, to carry out its responsibilities. underrepresented groups, to pursue careers search center, stating that such individual is (7) COMPENSATION.—Members of the Board, in fields that confront the global energy and fulfilling the requirements of this section. while serving on the business of the Board, environmental challenges of the 21st cen- (c) FAILURE TO EARN DEGREE.—A recipient shall be entitled to receive compensation at tury. of a fellowship under this Act found by the rates fixed by the Secretary, but not exceed- Secretary to have failed in or abandoned the SEC. 3. DOCTORAL FELLOWSHIPS AUTHORIZED. ing the rate of basic pay payable for level IV course of study for which assistance was pro- (a) PROGRAM AUTHORIZED.—The Secretary of the Executive Schedule, including travel- of Energy is authorized to award doctoral vided under this Act may be required, at the time, and while so serving away from their fellowships, to be known as Paul E. Tsongas discretion of the Secretary, to repay a pro homes or regular places of business, they Doctoral Fellowships, in accordance with the rata amount of such fellowship assistance re- may be allowed travel expenses, including provisions of this Act for study and research ceived, plus interest and, where applicable, per diem in lieu of subsistence, as authorized in fields of science or engineering that relate reasonable collection fees, on a schedule and by section 5703 of title 5, United States Code, to energy or the environment such as phys- at a rate of interest to be prescribed by the for persons in Government service employed ics, mathematics, chemistry, biology, com- Secretary by regulations issued pursuant to intermittently. puter science, materials science, environ- this Act. (c) UNDERREPRESENTED GROUPS.—In design- mental science, behavioral science, and so- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. ing selection criteria and awarding fellow- cial sciences at institutions proposed by ap- There are authorized to be appropriated for ships, the Board shall— plicants for such fellowships. this Act $5,000,000 for fiscal year 1998 and (1) consider the need to prepare a larger (b) PERIOD OF AWARD.—A fellowship under such sums as may be necessary for the suc- number of women and individuals from mi- this section shall be awarded for a period of ceeding fiscal years. nority groups, especially from among such three succeeding academic years, beginning SEC. 9. APPLICATION OF GENERAL EDU- groups that have been traditionally under- with the commencement of a program of doc- CATIONAL PROVISIONS ACT. represented in the professional and academic toral study. Section 421 of the General Educational fields referred to in section 2, but nothing (c) FELLOWSHIP PORTABILITY.—Each Fellow Provisions Act, pertaining to the availabil- shall be entitled to use the fellowship in a contained in this or any other provision of ity of funds, shall apply to this Act. this Act shall be interpreted to require the graduate program at any accredited institu- SEC. 10. DEFINITIONS. Secretary to grant any preference or dispar- tion of higher education in which the recipi- For purposes of this Act— ent may decide to enroll. ate treatment to the members of any underrepresented group; and (1) The term ‘‘Secretary’’ means the Sec- (d) NUMBER OF FELLOWSHIPS.—As many fel- retary of Energy. lowships as may be fully funded according to (2) take into account the need to expand access by women and minority groups to ca- (2) The term ‘‘host institution’’ means an this Act shall be awarded each year. institution where a Paul E. Tsongas Fellow (e) DESIGNATION OF FELLOWS.—Each indi- reers heretofore lacking adequate representation of women and minority groups. is enrolled for the purpose of pursuing doc- vidual awarded a fellowship under this Act toral studies for which support is provided shall be known as a ‘‘Paul E. Tsongas Fel- SEC. 5. PAYMENTS, STIPENDS, TUITION, AND under this Act. low’’ (hereinafter in this Act referred to as a EDUCATION AWARDS. ‘‘Fellow’’). (a) AMOUNT OF AWARD.— By Mr. HARKIN: SEC. 4. ELIGIBILITY AND SELECTION OF FEL- (1) STIPENDS.—The Secretary shall pay to S. 1323. A bill to regulate con- LOWS. each individual awarded a fellowship under centrated animal feeding operations (a) ELIGIBILITY—Only United States citi- this Act a stipend in the amount of $15,000, zens are eligible to receive awards under this $16,500, and $18,000 during the first, second, for the protection of the environment Act. and third years of study, respectively. and public health, and for other pur- (b) FELLOWSHIP BOARD.— (2) TUITION.—The Secretary shall pay to poses; to the Committee on Agri- (1) APPOINTMENT.—The Secretary, in con- the appropriate institution an amount ade- culture, Nutrition, and Forestry. sultation with the Director of the National quate to cover the tuition, fees, and health THE ANIMAL AGRICULTURE REFORM ACT Science Foundation, shall appoint a Paul E. insurance of each individual awarded a fel- Tsongas Fellowship Board (hereinafter in lowship under this Act. Mr. HARKIN. Madam President, this part referred to as the ‘‘Board’’) consist- (3) ADMINISTRATIVE AND TRAVEL ALLOW- today I am introducing the Animal Ag- ing of 5 representatives of the academic ANCE.—The Secretary shall pay to each host riculture Reform Act, a bill that for science and engineering communities who institution an annual $5,000 allowance for the first time sets tough environ- are especially qualified to serve on the the purpose of covering— mental standards governing how large Board. The Secretary shall assure that indi- (A) administrative expenses; livestock and poultry operations han- viduals appointed to the Board are broadly (B) travel expenses associated with Fellow dle their animal waste. Animal waste knowledgeable about and have experience in participation in academic seminars or con- pollution is a national problem that de- graduate education in relevant fields. ferences approved by the host institution; (2) DUTIES.—The Board shall— and mands a national solution. (A) establish general policies for the pro- (C) round-trip travel expenses associated Nationwide, 200 times more animal gram established by this part and oversee its with Fellow participation in the internship manure is produced than human operation; required by section 6 of this Act. waste—five tons for every person in the S11292 CONGRESSIONAL RECORD — SENATE October 28, 1997 United States—making large livestock with farmers in developing plans to ad- S. 1324. A bill to deauthorize a por- operations the waste equivalent of a dress potential problems before they tion of the project for navigation, Bi- town or city. For example, 1,600 dairies happen. USDA will do this by estab- loxi Harbor, MS; to the Committee on in the Central Valley of California lishing guidelines and providing tech- Environment and Public Works. produce more waste than a city of 21 nical assistance and information to de- DEAUTHORIZATION LEGISLATION million people. And right here outside velop farm-specific plans to be ap- Mr. LOTT. Mr. President, I ask unan- of Washington, DC, the annual produc- proved on an individual basis. imous consent that the text of the bill tion of 600 million chickens on the Del- I am using the term animal waste, be printed in the RECORD. marva Peninsula leaves as much nitro- but it is important that we recognize There being no objection, the bill was gen as a city of almost 500,000 people. that manure is a valuable resource for ordered to be printed in the RECORD, as The shrinking number of farms pro- farmers who need nutrients for their follows: ducing an ever greater share of animals crops. Promoting wise use of manure S. 1324 means that too much manure is pro- for crop nutrients is the guiding prin- Be it enacted by the Senate and House of Rep- duced in some areas of the country to ciple of my bill. For a plan to be ap- resentatives of the United States of America in be put on land without causing water proved, an operator must agree to Congress assembled, pollution. Nitrogen and phosphorous in apply animal waste to land only in SECTION 1. BILOXI HARBOR, MISSISSIPPI. animal manure are valuable crop nutri- amounts meeting crop nutrient re- The portion of the project for navigation, ents—but in excessive levels in water quirements. Furthermore, liquid waste Biloxi Harbor, Mississippi, authorized by the they are serious pollutants. River and Harbor Act of 1960 (74 Stat. 481), that cannot be safely used for nutri- for the Bernard Bayou Channel beginning High levels of nitrogen and phos- ents or another environmentally sound near the Air Force Oil Terminal at approxi- phorous cause the excessive algae use must be treated in accordance with mately navigation mile 2.6 and extending growth of algae, whose bacterial de- waste water treatment standards. downstream to the North-South 1⁄2 of Section composition uses up oxygen in the My bill also applies sound technical 30, Township 7 South, Range 10 West, Har- water and kills fish. Animal waste also standards to the construction of all rison County, Mississippi, just west of carries parasites, bacteria and vi- new earthen manure lagoons to prevent Kremer Boat Yards, is not authorized after ruses—and can pollute drinking water leaks and spillage of animal waste. Ex- the date of enactment of this Act. with nitrates, potentially fatal to in- isting earthen manure lagoons are By Mr. FRIST (for himself, Mr. fants. given a reasonable phase-in period to ROCKFELLER, Mr. BURNS, and While towns must have sewage treat- meet appropriate standards. Mr. HOLLINGS): ment plants, excess waste from large- In addition, my bill puts the burden S. 1325. A bill to authorize appropria- scale animal feeding operations is sim- of complying with these requirements tions for the Technology Administra- ply stored indefinitely or over-applied on the animal owners. The bill would tion of the Department of Commerce on land. That means water pollution prevent animal owners from using con- for fiscal years 1998 and 1999, and for from over-application, and the ongoing tracts or similar arrangements to other purposes; to the Committee on risk of pollution and even massive avoid responsibility for animal waste Commerce, Science, and Transpor- spills from stored waste. management. tation. In 1995 in North Carolina 35 million The bill covers operations with an THE TECHNOLOGY ADMINISTRATION AUTHORIZA- gallons of animal waste were spilled, approximate one-time animal capacity TION ACT FOR FISCAL YEARS 1998 AND 1999 killing 10 million fish. And last year above 1,330 hogs; 57,000 chickens; 270 Mr. FRIST. Mr. President, I rise more than 40 animal waste spills were dairy cattle; or 530 slaughter cattle. today to offer a bill to authorize appro- recorded in Iowa, Minnesota and Mis- Each animal owner with at least that priations for the Technology Adminis- souri, up from 20 in 1992. many animals must submit a waste tration [TA] of the Department of In 1997, the toxic microbe Pfiesteria, management plan to USDA for ap- Commerce for fiscal year 1998 and 1999. whose increased presence is linked to proval, whether or not the animals are This bill funds activities in the Na- excessive nutrients in the water, killed kept in one place. Animal feeding oper- tional Institutes of Standards and approximately 30,000 fish in the Chesa- ations under those sizes will qualify Technology [NIST]. peake Bay and approximately 450,000 under USDA’s Environmental Quality I am keenly aware of my responsibil- fish in North Carolina. Major attacks Incentives Program for additional ities to the American people for ensur- by harmful microbes in U.S. coastal technical and cost-share assistance to ing that the people’s money is spent and estuarial waters between 1972 and implement animal waste management wisely. I have a responsibility to exer- 1995 have doubled—and excessive nutri- plans. cise prudent fiscal management over ents are the suspected catalyst. I want to be clear that my bill does programs that cost taxpayers millions In the Gulf of Mexico, farm runoff in- not interfere with the role of EPA and of dollars each year. Each program cluding animal waste is linked to the the States in monitoring pollution, or must be examined, and wasteful, inef- formation of a so-called ‘‘dead zone’’ of is it a substitute for EPA strengthen- fective programs must be changed or hypoxia (low oxygen)—up to 7,000 ing its current regulations. I see it as eliminated. I also have a responsibility square miles of water that cannot sup- an essential part of a cooperative ap- to make appropriate long term invest- port most aquatic life. proach to the problem by both EPA ments that will help Americans create The Environmental Protection Agen- and USDA—and I look forward to the technology and wealth of tomor- cy’s regulations in this area have not EPA’s proposals in this area. I also row. I view both of these duties as part been revised since they were written in look forward to reviewing the rec- of the principle of ‘‘wise stewardship’. the 1970s, and they do not go nearly far ommendations of the National Envi- The TA legislation represents a chal- enough to address current animal ronmental Dialogue on Pork Produc- lenging application of wise steward- waste problems. tion, which is working on these issues ship. This bill covers some of the most Animal waste management practices in great detail. productive and necessary areas of gov- must include limiting the application We must take strong action now to ernments, as well as a few of the most of both phosphorous and nitrogen to halt the pollution of our water from controversial. amounts that can be used by crops. In animal waste and other farm runoff. There is no question that the work addition, environmentally sound stand- Other issues that are outside the scope done by NIST’s Standards Laboratory ards are needed for the handling, stor- of this bill also need to be addressed, is essential to U.S. commerce. These age, treatment and disposal of excess including management of municipal laboratories house of the best scientific animal waste. and industrial wastewater and more minds in the world. A perfect example Under my bill, large animal feeding careful application of commercial fer- is the award of the 1997 Nobel Prize for operations must submit an individual tilizers. My proposal is one part of a Science to Dr. William Phillips in the animal waste management plan to national solution to our water quality area of low temperature physics. His USDA designed to minimize the risk of concerns. accomplishment, as well as the surface and ground water pollution. My achievements of the world class sci- bill would require that USDA work By Mr. LOTT: entific cadre at NIST are reminders of October 28, 1997 CONGRESSIONAL RECORD — SENATE S11293 the necessity for investment in the will investigate alternative methods cutting-edge technologies which create Standards Laboratory, the people most for the Federal Government to help the new industries and jobs of the 21st of all, but the buildings and infrastruc- keep U.S. businesses competitive. century. ture as well. This legislation provides Finally, the TA NIST reauthoriza- Let me remind my colleagues that for continued investment into this re- tion bill creates a new educational re- ATP does not, and I repeat, does not search and those services source for the country. There has never fund the development of commercial The reauthorization bill contains a been a time in our country’s history products. Instead, this program pro- provision to add accountability and when science and technology has been vides matching funds to both individ- controls to the new Experimental Pro- more important. It is playing an in- ual companies and joint ventures for gram to Stimulate Competitive Tech- creasingly critical role in our econ- pre-product research on high-risk technology [EPSCoT] program. Modeled omy, and most of all to our economic nologies which have the potential to after National Science Foundation’s future. It is all too clear that our chil- place U.S. industry as the leader in successful and effective EPSoR pro- dren are not well enough prepared to new industrial areas. This high-risk, gram, the goal of EPSCoT is to in- take their places as part of the world’s high-reward strategy has already led to crease the technological competitive- scientific leaders. As the recent NAEP the creation of new U.S. industries ness of these States that have histori- and TIMSS science results show, there based on information transfer, bio- cally received less Federal research is a gap between our children’s science technology, and new materials syn- and development funds than the major- abilities and those from other coun- thesis. ity of the States. While I believe that tries. In this bill, we have created the In spite of the merits of this program the aims of this program are good, we Teacher Science and Technology En- ATP has been criticized by some Mem- cannot afford to put this or any other hancement Institute Program to help bers for the past 4 years of the pro- Federal grant program on automatic bridge that gap. The program is struc- gram’s 6 years of existence. This year pilot. Our legislation contains a grad- tured to afford primary and secondary Secretary Daley undertook a 60-day re- uations criteria, that moves a State educators the chance to become review to assess the ATP’s performance out of the program when that State has acquainted with science. Armed with and evaluate these criticisms. The De- become competitive. The bill contains fresh experiences, the teachers will be partment of Commerce solicited com- a provision that mandates periodic better equipped to excite our children ments from more than 3,500 interested evaluation of this program. Using this about technology and scientific in- parties and took into account com- data we can tell if and when the pro- quiry. This is an investment that we ments provided by both critics and sup- gram ceases to be effective. If that hap- cannot afford to pass up. porters of the program. fact, Senators pens we have the information needed to I believe that this legislation em- LIEBERMAN, DOMENICI, FRIST and I see if the program can be fixed, or bodies the concept of wise stewardship. joined together and provided one of the should be terminated. The bill reflects input that we have re- 80-plus comments the Department re- This legislation contains provisions ceived from my colleagues in the Sen- ceived. I would like to take a moment for two programs that have been parate, the House and the administration. and commend Secretary Daley for the ticularly contentious: the Advanced More importantly, we have heard from job he did in undertaking this review. Technology Program [ATP], and the constituents from my own State of As we all know, there is not a depart- manufacturing Extension Program Tennessee, as well as businesses, pro- ment or program that can’t be im- [MEP]. Both are technology enhance- fessional groups and academia from proved. And as a long time and avid ment programs designed with the in- around the country. I am sure that the supporter of ATP I believe, that after 6 tent of increasing the ability of U.S. result will not please everyone. I be- years of operation, experience would firms to compete in the global market- lieve, however, that it represents a nec- suggest that there should be some place. essary step in the constant evolution of areas that can be improved. This re- Under existing law each MEP center these Federal programs. I take my con- view has done just that. The rec- is funded for a maximum of 6 years. gressional oversight obligations ex- ommendations that Secretary Daley This legislation removes the hard and tremely seriously. Creating respon- has put forth further strengthens a fast sunset provision and replaces it sible, fair, timely authorizing legisla- strong and productive program. I agree with a 2-year renewal cycle. Each cen- tion is a key part of that obligation. I with his suggestion to place more em- ter must win renewal, and with it eligi- believe that this legislation meets phasis on small and medium-size single bility for Federal funds by receiving a these requirements. I hope you will applicants, joint-ventures, and consor- satisfactory grade from this new bien- join me in honoring our obligation to tia. This bill adopts that recommenda- nial review. If the center is not fulfill- the American people by supporting this tion by amending the National Insti- ing its expectation for assistance of legislation. tute of Standards and Technology Act manufacturing technology, then it will Mr. ROCKEFELLER. Mr. President, I to define a large business as one with fail its review and will not be able to rise today to join my colleagues Sen- gross annual revenues in excess of $2.5 receive Federal funding. ator FRIST, Senator HOLLINGS, Senator billion and prohibits such businesses The Advanced Technology Program BURNS in introducing legislation to re- from participating in ATP programs as has been improved under this legisla- authorize the programs of the Tech- single applicants. tion. Large companies will no longer be nology Administration for fiscal years In addition, I was pleased to see the able to participate as single applicants. 1998 and 1999. This bill reauthorizes the added emphasis by the Secretary on They must partner with one or more Office of Science and Technology Pol- the need for an EPSCoT program, small businesses in order to be eligible icy as well as the NIST labs and facili- based on the EPSCoR model, which to apply for an ATP grant. This provi- ties about the President’s budget re- would enhance technology develop- sion maximizes the benefit of this pro- quest. It also funds the Advanced Tech- ment in the 18 States that have tradi- gram by encouraging the transfer of nology Program at $198 million and the tionally been under-represented in Fed- technology and expertise from large Manufacturing Extension Program at eral R&D funding. EPSCoT would pro- businesses to the most dynamic section $111 million. vide the opportunity for States which of our economy—small business. The It is noteworthy that after several have been able to build infrastructure legislation also takes steps to ensure hearings on ATP, and after assessing capable of supporting high-tech re- that ATP does not displace private Secretary of Commerce Daley’s de- search to use this infrastructure to its venture capital. finally, the bill takes tailed review of the program, we are maximum advantage. Studies have an important step to continued evalua- now putting forward a bill that contin- shown that strengthening the competition and possible evolution of the pro- ues to authorize this important form of tive performance of research labora- gram. It instructs the Department of investment in America’s economic tories, usually universities, in an un- Commerce to commission the National competitiveness. As I, along with many derdeveloped area, which is the purpose Academy of Sciences to study the ef- others in this Chamber, have stated be- of EPSCoR, is often not sufficient to fectiveness of the Advanced Tech- fore, this program supports American establish new, high-tech companies. nology Program. In addition the study industry’s own efforts to develop new, EPSCoT seeks to assist in technology S11294 CONGRESSIONAL RECORD — SENATE October 28, 1997 transfer to the local economy by en- an increasing number of health profes- crimination by paying nurse practi- couraging links between universities, sionals have chosen not to care for tioners directly for the services they local businesses, and local and State them or have been unwilling to locate provide. This step will help nurse prac- governments. Unlike ATP, which fo- in the inner-city and rural commu- titioners and clinical nurse specialists cuses on the national economic inter- nities where many of the beneficiaries expand access to the primary care that est in research and development, live. Fortunately, there is an exception so many communities currently lack. EPSCoT focuses on allowing under-rep- to this trend: nurse practitioners and Mr. President, I hope my colleagues resented States the opportunity to par- clinical nurse specialists frequently ac- will support the measure I am intro- ticipate in the technological revolution cept patients whom others will not ducing today, recognizing the critical that is sweeping the global economy. treat and serve in areas where others role that nurse practitioners and other In order to help the success of the pro- refuse to work. nonphysician health professionals play gram, Governors, business leaders and Studies have shown that nurse prac- in our health care delivery system, and researchers were consulted about the titioners and clinical nurse specialists the increasingly significant contribu- importance of technology transfer for provide care that both patients and tion they can make in the future. I ask economic development. This bill pro- cost cutters can praise. Their advanced unanimous consent that the full text of vides statutory language to implement clinical training enables them to as- the bill be printed in the RECORD. the Secretary’s proposal of creating sume responsibility for up to 80 percent There being no objection, the bill was the EPSCoT program. of the primary care services usually ordered to be printed in the RECORD, as Secretary Daley’s review could not performed by physicians, many times follows: have been done at a better time. After at a lower cost and with a high level of S. 1326 6 years of existence, a thorough and patient satisfaction. Be it enacted by the Senate and House of complete review of the process has Congress has already recognized the Representatives of the United States of America shown that is it competently managed, expanding contributions of nurse prac- in Congress assembled, produces positive results and has been titioners and clinical nurse specialists. SECTION 1. MEDICAID COVERAGE OF ALL CER- working to achieve it’s stated objec- For more than a decade, CHAMPUS TIFIED NURSE PRACTITIONER AND has provided direct payment to nurse CLINICAL NURSE SPECIALIST SERV- tives. The proposals set forth in this ICES. review strengthen a very strong pro- practitioners. In 1990, Congress man- (a) IN GENERAL.—Section 1905(a)(21) of the gram that is one of the cornerstones to dated direct payment for nurse practi- Social Security Act (42 U.S.C. 1396d(a)(21)) is the Nation’s long-term economic pros- tioner services under the Federal em- amended to read as follows: perity. The bill we are introducing ployee health benefits plan. The Medi- ‘‘(21) services furnished by a certified nurse today provides the necessary changes care Program, which already covers practitioner (as defined by the Secretary) or to existing law to implement many of nurse practitioners and clinical nurse clinical nurse specialist (as defined in sub- the recommendations. I encourage my specialist services in rural areas, was section (v)) which the certified nurse practi- modified under this year’s Balance tioner or clinical nurse specialist is legally colleagues to support this bill. authorized to perform under State law (or Budget Act to provide coverage for the State regulatory mechanism provided by By Mr. DASCHLE: these services in all geographic areas. State law), whether or not the certified S. 1326. A bill to amend title XIX of The bill I am introducing today estab- nurse practitioner or clinical nurse special- the Social Security Act to provide for lishes the same payment policy under ist is under the supervision of, or associated Medicaid coverage of all certified nurse Medicaid. with, a physician or other health care pro- practitioners and clinical nurse spe- Mr. President, the ramifications of vider;’’. cialists services; to the Committee on this issue extend beyond the Medicaid (b) CLINICAL NURSE SPECIALIST DEFINED.— Finance. Program and its beneficiaries: there is Section 1905 of such Act (42 U.S.C. 1396d) is amended by adding at the end the following THE MEDICAID NURSING INCENTIVE ACT a broader lesson here that applies to new subsection: Mr. DASCHLE. Mr. President, today our search to make cost-effective, ‘‘(v) The term ‘clinical nurse specialist’ I am reintroducing the Medicaid Nurs- high-quality health care services avail- means an individual who— ing Incentive Act, a bill to provide di- able and accessible to all Americans. ‘‘(1) is a registered nurse and is licensed to rect Medicaid reimbursement for nurse One of the cornerstones of this kind practice nursing in the State in which the practitioners and clinical nurse spe- of care is the expansion of primary and clinical nurse specialist services are per- cialists. preventative care, delivered to individ- formed; and This legislation eliminates a ground- uals in convenient, familiar places ‘‘(2) holds a master’s degree in a defined area of clinical nursing from an accredited less and counterproductive anomaly in where they live, work, and go to educational institution.’’. Medicaid payment policy. Under cur- school. More than 2 million of our Na- (c) EFFECTIVE DATE.—The amendments rent law, State Medicaid programs can tion’s nurses currently provide care in made by this section shall become effective exclude certified nurse practitioners these sites—in home health agencies, with respect to payments for calendar quar- and clinical nurse specialists from nursing homes, ambulatory care clin- ters beginning on or after January 1, 1998. Medicaid reimbursement, even though ics, and schools. these practitioners are fully trained to In places like South Dakota, nurses By Mr. ROTH (for himself, Mr. provide many of the same services as are often the only health care profes- HAGEL, Mr. THOMAS, Mr. KERRY, those provided by primary care physi- sionals available in the small towns and Mr. AKAKA): cians. This loophole is both discrimina- and rural counties across the State. S. 1327. A bill to grant normal trade tory and shortsighted; it severs a criti- These nurses and other nonphysician relations status to the People’s Repub- cal access link for Medicaid bene- health professionals play an important lic of China on a permanent basis upon ficiaries. role in the delivery of care. And, this the accession of the People’s Republic The ultimate goal of this proposal is role will increase as we move from a of China to the World Trade Organiza- to enhance the availability of cost-ef- system that focuses on the costly tion; to the Committee on Finance. fective primary care to our Nation’s treatment of illness to one that empha- THE CHINA TRADE RELATIONS ACT OF 1997 most needy citizens. sizes primary and preventive care and Mr. ROTH. Mr. President, I rise Studies have documented the fact health promotion. today for myself and Senators HAGEL, that millions of Americans each year But, first, we must reevaluate out- THOMAS, JOHN KERRY, and AKAKA to in- go without the health care services dated attitudes and break down bar- troduce legislation that will grant nor- they need, because physicians simply riers that prevent nurses from using mal trade relations to the People’s Re- are not available to care for them. This the full range of their training and public of China on a permanent basis problem plagues rural and urban areas skills in caring for patients. In 1994, when China accedes to the World Trade alike, in parts of the country as diverse the Pew Health Professions Commis- Organization. as south central Los Angeles and sion concluded that nurse practitioners Today, President Jiang arrives in Lemmon, SD. are not being fully utilized to deliver Washington for the first bilateral sum- Medicaid beneficiaries are particu- primary care services. The commission mit in 8 years. Exchange at the highest larly vulnerable, since in recent years recommended eliminating fiscal dis- levels is critical to the maintenance of October 28, 1997 CONGRESSIONAL RECORD — SENATE S11295 any of our important bilateral rela- China. China’s membership in the stability in the Asia Pacific that tionships. It is even more crucial in our World Trade Organization will also undergirds the region’s economic relationship with the world’s largest make Beijing fully subject to the mar- growth, peaceful resolution of the ur- country, fastest growing economy, and ket-oriented disciplines of the WTO. gent troubles on the Korean Peninsula, most important rising power. Finally, our bilateral trade disputes and addressing the transnational con- Mr. President, this body has spent a with China will be subject to multilat- cerns posed by environmental degrada- great deal of energy debating United eral resolution mechanisms, in addition, narcotics trafficking, and crime. States policy toward China, cresting tion to the means we already have A relationship premised on coopera- each year with the struggle over re- available under United States trade tion in areas of shared interest also newal of normal trade relations. I have law. provides us a better opportunity to dis- always supported such renewal, and China is the world’s 10th largest trad- courage Beijing from transferring mis- viewed the annual debate as a sin- ing country. It is the largest economy siles and other arms to Iran, Iraq, gularly unproductive means of moving not in the World Trade Organization. Burma, and other rogue regimes, per- the United States toward a coherent Regardless of its WTO status, China suade China to reduce tensions in the China policy. I say that because, be- will have a major influence on the fu- Taiwan Straits, and encourage Beijing sides regular high-level exchange, nor- ture development of the world trading to maintain freedoms in Hong Kong mal trade relations with China are es- system. I believe the time has come for and foster greater human rights in sential to any coherent China policy, Congress to recognize the importance China. one that keeps our economy strong and of integrating China into the global Mr. President, Congress and the engages Beijing in constructive reform. economy. American people must understand Currently, the United States is nego- Our bilateral economic relationship what is at stake in the bilateral rela- tiating with China over the package of is the most important means we have tionship and how best to move China in measures Beijing must implement to of integrating China fully into the a direction that is in our best interest comply with the strict market-based world economy and the international and the best interest of the American rules of the World Trade Organization. political order. The United States is and Chinese people. The summit taking Until the United States is satisfied one of the top five sources of foreign place this week and this legislation, I with commitments from China on such investment in China. That investment believe, can provide the United States issues as lower tariff levels and en- is not limited to the special economic and China the impetus to move toward hanced market access, and assured zones, but now takes place throughout a far more mutually productive rela- that Beijing can and will carry out China and across every major industry. tionship. those commitments, China will not Our businesses are linked in invest- Mr. HAGEL. Mr. President, today I gain entry to the WTO. ment and in trading relationships that am pleased to join with the distin- The concessions China must make to provide a vehicle for common effort guished chairman of the Finance Com- gain United States approval are signifi- and common understanding at the mittee, Senator ROTH, as an original cant and will dramatically affect large most practical and personal levels. cosponsor to his legislation to segments of China’s economy. The sin- China also represents a growing eco- strengthen the President’s hand in gle most important economic benefit nomic and political influence in a re- opening up China’s market to Amer- Beijing will derive from membership in gion of critical importance to the Unit- ican exports. I commend Chairman the World Trade Organization is per- ed States. The Asia-Pacific region now ROTH for his leadership on trade issues. manent normal trade relations—also represents over 40 percent of world This bill would extend permanent known as most-favored-nation trading trade and 53 percent of world gross na- most-favored-nation trading status to status—with every other WTO member. tional product. Trans-Pacific trade is China upon that country’s accession to As a practical matter, however, every more than twice as large as trans-At- membership of the World Trade Orga- member economy of the World Trade lantic trade. The Asia-Pacific region nization under commercially viable Organization, except the United States, economies, including the United States terms. has already conferred on China perma- and China, are becoming increasingly Mr. President, I believe that the an- nent normal trade relations. Moreover, interdependent. The region now rep- nual debate over so-called most-fa- the United States has provided normal resents the largest market for United vored-nation trading status for China trade relations to China 1 year at a States exports—over $130 billion by has become counterproductive. It is time for more than 15 years. However, some estimates. The predicate to our time for the United States and China until China is specifically removed ability to encourage China to play a to transcend this flawed process. It is from the limitations of title IV of the constructive role in the region is our time for trade relations between our Trade Act of 1974, Beijing cannot re- willingness to redefine our bilateral two countries to be based on the nor- ceive permanent normal trade rela- economic relationship through the mal commercial standards that one tions from the United States, whatever WTO accession process and the normal- would expect between two of the China’s status in the WTO. ization of our trade relations under world’s great trading powers. The resulting ambiguity over China’s United States law. This legislation would greatly trade status with the United States A China more fully immersed in glob- strengthen the President’s hand in hinders Beijing’s willingness to make al capitalism is more likely to behave achieving trade negotiations with the significant concessions necessary in ways compatible with American in- China. It would do this by giving the to complete a commercially viable terests and international norms. We President the authority to grant China WTO accession package. A clear signal have seen this reality throughout Asia permanent MFN status upon that from the United States that China will, as countries have made major reforms country’s accession to the WTO under in fact, gain permanent normal trade in opening their economies and joined normal commercial arrangements. As relations upon its accession to the us at the table of democratic freedom. long as the Congress merely promises World Trade Organization will provide Moreover, without permanent normal to consider granting permanent MFN Beijing an incentive to make those trade relations, not only will we have status after China has agreed to accept concessions. less influence over the role China WTO obligations, the President’s lever- Mr. President, it is crucial that we chooses to play on the global stage, we age in trade negotiations with China understand that China’s membership in will also be left on the sidelines of Chi- will be weakened. the WTO under commercially viable na’s economic growth. I would like to emphasize that I do terms is wholly in the interest of the We cannot passively accept abuses of not support China’s entry into the United States. That is because China human rights, religious persecution, or World Trade Organization under any will be forced to open its markets sig- the many other problems we have with special arrangement that would allow nificantly to American trade and in- China that must be addressed and cor- China to avoid full compliance with vestment. And more fully open mar- rected. But neither must we neglect WTO standards. However, China’s ac- kets represent the best approach to re- the many issues and problems where cession to the WTO under normal com- ducing our current trade deficit with our interests converge, including the mercial arrangements would be good S11296 CONGRESSIONAL RECORD — SENATE October 28, 1997 for the United States and good for the exports to China, however, are severely missions, and across continents. They world trading system. It would require constrained by China’s 80 percent tar- have also played a pivotal role in pio- China to adhere to international trad- iffs. These levels must come down in neering the delivery of satellite coming standards. And should China fail to the context of the WTO negotiations. munications. live up to its WTO obligations, we China also maintains a wide range of However, in the 35 years since the act would then have access to the WTO’s trade restrictions that are illegal under has been adopted, the marketplace has multilateral dispute resolution mecha- WTO rules. These illegal trade barriers changed and the time is now ripe for us nisms. As long as China remains out- include unscientific health laws that to revisit the act and put in place a side of the WTO, our only recourse for entirely prohibit certain types of U.S. policy that will take the industry and resolving our trade disputes with China wheat exports. the American consumers into the fu- is through the threat of often less ef- Mr. President, aggressive United ture. Today, many U.S. and foreign fective bilateral actions, such as States efforts to negotiate China’s satellite systems participate in the threats of section 301 trade sanctions. entry into the WTO under normal com- global satellite marketplace. There are But once China becomes a member of mercial arrangements is clearly in our also an increasing number of satellite the WTO under a viable commercial national interest. The United States systems seeking authority to partici- protocol, the rules of the WTO require continues to run a large, persistent pate in the marketplace. As additional other WTO nations to grant permanent trade deficit with China. Last year, our satellite systems enter the market- MFN to China. If we do not, we lose deficit reached $39 billion, and it is ex- place, competition must continue to much of the benefit of getting China to pected to be higher this year. But the flourish and consumers must obtain accept WTO rules. This is because the way to reduce that deficit is not by needed services at reasonable prices. United States would be denied access closing off our borders and cutting off The treaty-based status and intergov- to the WTO’s dispute resolution proc- export markets, but to work aggres- ernmental structure of INTELSAT, ess for forcing China to live up to its sively to open those markets, particu- Inmarsat, and Comsat must not hinder agreements. That is why this bill is so larly the China market. the ability of these carriers to effec- important. Export jobs pay 13–16 percent more tively compete in the future and must There are a great number of common than average American jobs. Exports not distort competition in the market- misunderstanding over the annual de- are the future of our Nation, and we place. bate on so-called most-favored-nation need to have China’s market opened to Today, many individuals in the gov- trading status for China. First of all, American goods, services, and agricul- ernment and in industry, nationally the archaic term ‘‘most favored natural commodities. and worldwide are working on the pri- tion’’ is itself misleading. MFN status vatization of INTELSAT and Inmarsat. is not, as many believe, some special By Mr. INOUYE: There is a recognition that the status trade benefit. It is not even the most S. 1328. A bill to amend the Commu- quo will not benefit the marketplace favored trading status that we main- nications Satellite Act of 1962 to pro- nor will it benefit INTELSAT and tain with other countries. The United mote competition and privatization in Inmarsat, or Comsat. My introduction States grants much more favorable satellite communications, and for of this bill is intended to establish a trade status to many other countries, other purposes; to the Committee on framework in which the Senate can including Canada, Israel, Mexico, the Commerce, Science, and Transpor- begin a larger discussion of the issues countries of the Caribbean, and a host tation. and ultimately craft legislation that of other nations—more than 130 in all— THE COMMUNICATIONS SATELLITE COMPETITION promotes the delivery of state-of-the- that benefit from special trade pro- AND PRIVATIZATION ACT OF 1997 art satellite communications and grams. All MFN status means is that Mr. INOUYE. Mr. President, today I brings innovations and cost reductions we are willing to maintain some sem- introduce the Communications Sat- to the public. I encourage my col- blance of regular trade relations with ellite Competition and Privatization leagues to join with me in supporting a that country. This is demonstrated by Act of 1997. This bill amends the Com- policy that will continue to allow our the fact that only six countries in the munications Satellite Act of 1962 in satellite industry to grow and flourish world do not have MFN status. order to promote full competition in and for consumers to receive the bene- What is more, under current trade the global satellite communication fits of such advancements. laws, there is no middle ground be- services market by fully privatizing Mr. President, I ask unanimous con- tween full MFN trading status with av- satellite communications. It is my in- sent that the text of the bill be printed erage tariffs of 4 percent, and the disas- tention that the introduction of this in the RECORD. trous 1930’s-era Smoot-Hawley tariffs bill in the Senate will spur debate on There being no objection, the bill was that average over 50 percent. Let there this important issue. It is my goal to ordered to be printed in the RECORD, as be no doubt about the consequences of work with all of my colleagues and all follows: repealing MFN trading status for other interested parties to address the S. 1328 China: it would mean a virtual end to issues presented in this bill. Be it enacted by the Senate and House of Rep- United States-China trade relations. In 1962, the United States and other resentatives of the United States of America in United States trade with China is im- countries around the world recognized Congress assembled, portant. Throughout the ages, com- the increasingly important role the SECTION 1. SHORT TITLE. merce has been a driving force of mo- new and emerging satellite technology This Act may be cited as the ‘‘Communica- dernity and the spread of western could play in facilitating worldwide tions Satellite Competition and Privatiza- ideas. Withdrawing from China will not communications. In enacting the Com- tion Act of 1997’’. bring the kind of change we are all munications Satellite Act of 1962, Con- TITLE I—USE OF FEDERAL COMMUNICA- seeking in that still autocratic system. gress sought to improve the global TIONS COMMISSION LICENSING RE- QUIREMENTS TO SECURE COMPETITION Isolating China economically would communications network by imple- AND PRIVATIZATION have a disastrous and counter- menting a global, commercial commu- SEC. 101. PURPOSE. productive result. nications satellite system, expedi- It is the purpose of this Act to promote a Nevertheless, there are serious trade tiously. INTELSAT, Inmarsat, and fully competitive global market for satellite issues between the United States and Comsat emerged as the network that communication services for the benefit of China that need to be resolved. This would connect Americans to countries consumers and providers of satellite services bill will make their resolution more throughout the world. and equipment by fully privatizing the inter- likely. Nebraska is a major exporting INTELSATE, Inmarsat, and Comsat governmental satellite organizations, state, with total exports last year of have undoubtedly fulfilled their mis- INTELSAT and INMARSAT. $2.45 billion of which $1.5 billion was sions and have provided us with valu- SEC. 102. REVISION OF COMMUNICATIONS SAT- ELLITE ACT OF 1962. food or agricultural products. Nebras- able services. Through their commu- (a) ADDITION OF NEW TITLE.—The Commu- ka’s meat exports to the world, pri- nications network, they have con- nications Satellite Act of 1962 (47 U.S.C. 101) marily beef, grew 89 percent in the first nected us whether we are on land or on is amended by adding at the end the follow- half of this decade. United States beef water, by voice, video, and data trans- ing new title: October 28, 1997 CONGRESSIONAL RECORD — SENATE S11297 ‘‘TITLE VI—COMMUNICATIONS INTELSAT or INMARSAT have been ‘‘(i) January 1, 2001, for the successor enti- COMPETITION AND PRIVATIZATION privatized in a manner that will not harm ties of INTELSAT; and ‘‘SUBTITLE A—ACTIONS TO ENSURE competition, then— ‘‘(ii) January 1, 2000, for the successor enti- PROCOMPETITIVE PRIVATIZATION ‘‘(1) the President shall oppose, and the ties of INMARSAT. Commission shall not assist, any registra- ‘‘(C) The shares of any successor entities SEC. 601. FEDERAL COMMUNICATIONS COMMIS- and separated entities shall be listed for SION LICENSING. tion for new orbital slots for INTELSAT or INMARSAT orbital slots— trading on one or more major stock ex- ‘‘(a) LICENSING FOR SEPARATED ENTITLES.— ‘‘(A) with respect to INTELSAT, after Jan- changes with transparent and effective secu- ‘‘(1) COMPETITION TEST.—The Commission rities regulation. may not issue a license or construction per- uary 1, 2002, and ‘‘(B) with respect to INMARSAT, after ‘‘(D) A majority of the board of directors of mit to any separated entity, or renew or per- any successor entity or separated entity mit the assignment or use of any such li- January 1, 2001, and ‘‘(2) the President and Commission shall, shall not be subject to selection or appoint- cense or permit, or authorize the use by any consistent with the deadlines in paragraph ment by, or otherwise serve as representa- entity subject to United States jurisdiction (1), take all other necessary measures to pre- tives of— of any space segment owned or operated by clude procurement, registration, develop- ‘‘(i) any signatory or former signatory that any separated entity, unless the Commission ment, or use of new satellites which would controls access to national telecommuni- determines that such issuance, renewal, as- provide non-core services. cations markets; or signment, or use will not harm competition ‘‘(ii) any intergovernmental organization ‘‘SUBTITLE B—FEDERAL COMMUNICA- in the telecommunications market of the remaining after the privatization. TIONS COMMISSION LICENSING CRI- United States. If the Commission does not ‘‘(E) Any transactions or other relation- TERIA: PRIVATIZATION CRITERIA make such a determination, it shall deny or ships between or among any successor en- revoke authority to use space segment ‘‘SEC. 621. GENERAL CRITERIA TO ENSURE A PRO- tity, separated entity, INTELSAT, or owned or operated by the separated entity to COMPETITIVE PRIVATIZATION OF INMARSAT shall be conducted on an arm’s provide services to, from, or within the Unit- INTELSAT AND INMARSAT. length basis. ed States. ‘‘The President and the Commission shall ‘‘(6) REGULATORY TREATMENT.—Any succes- ‘‘(2) CRITERIA FOR COMPETITION TEST.—In secure a pro-competitive privatization of sor entity or separated entity shall apply making the determination required by para- INTELSAT and INMARSAT that meets the through the appropriate national licensing graph (1), the Commission shall use the li- criteria set forth in this section and sections authorities for international frequency as- censing criteria in sections 621 and 623, and 622 through 624. In securing such signments and associated orbital registra- shall not make such a determination unless privatizations, the following criteria shall be tions for all satellites. the Commission determines that the privat- applied as licensing criteria for purposes of ‘‘(7) COMPETITION POLICIES IN DOMICILIARY ization of any separated entity is consistent subtitle A: COUNTRY.—Any successor entity or separated with such criteria. ‘‘(1) DATES FOR PRIVATIZATION.—Privatiza- entity shall be incorporated and ‘‘(b) LICENSING FOR INTELSAT, tion shall be obtained in accordance with the headquartered in a nation or nations that— INMARSAT, AND SUCCESSOR ENTITIES.— criteria of this title of— ‘‘(A) have effective laws and regulations ‘‘(1) COMPETITION TEST.—The Commission ‘‘(A) INTELSAT as soon as practicable, but that secure competition in telecommuni- shall substantially limit, deny, or revoke the no later than January 1, 2002, and cations services; authority for any entity subject to United ‘‘(B) INMARSAT as soon as practicable, ‘‘(B) are signatories of the World Trade Or- States jurisdiction to use space segment but no later than January 1, 2001. ganization Basic Telecommunications Serv- owned or operated by INTELSAT or ‘‘(2) INDEPENDENCE.—The successor entities ices Agreement; and INMARSAT or any successor entities to pro- and separated entities of INTELSAT and ‘‘(C) have a schedule of commitments in vide non-core services to, from, or within the INMARSAT resulting from the privatization such Agreement that includes non-discrimi- United States, unless the Commission deter- obtained pursuant to paragraph (1) shall— natory market access to their satellite mar- mines— ‘‘(A) be entities that are national corpora- kets. ‘‘(A) after January 1, 2002, in the case of tions; and ‘‘(8) RETURN OF UNUSED ORBITAL SLOTS.— INTELSAT and its successor entities, that ‘‘(B) have ownership and management that INTELSAT, INMARSAT, and any successor INTELSAT and any successor entities have is independent of— entities and separated entities shall not be been privatized in a manner that will not ‘‘(i) any signatories or former signatories permitted to warehouse orbital slots that do harm competition in the telecommuni- that control access to national tele- not have satellites that are providing com- cations markets of the United States; or communications markets; and mercial services, and any orbital slots of ‘‘(B) after January 1, 2001, in the case of ‘‘(ii) any intergovernmental organization INTELSAT or INMARSAT which are not in INMARSAT and its successor entities, that remaining after the privatization. use or brought into use providing commer- INMARSAT and any successor entities have ‘‘(3) TERMINATION OF PRIVILEGES AND IMMU- cial services as of May 12, 1997, or thereafter, been privatized in a manner that will not NITIES.—The preferential treatment of shall be returned to the International Tele- harm competition in the telecommuni- INTELSAT and INMARSAT shall not be ex- communication Union for reallocation. cations markets of the United States. tended to any successor entity or separated ‘‘(9) APPRAISAL OF ASSETS.—Before any ‘‘(2) CRITERIA FOR COMPETITION TEST.—In entity of INTELSAT or INMARSAT. Such transfer of assets by INTELSAT or making the determination required by para- preferential treatment includes— INMARSAT to any successor entity or sepa- graph (1), the Commission use the licensing ‘‘(A) privileged or immune treatment by rated entity, such assets shall be independ- criteria in sections 621, 622, and 624, and shall national governments; ently audited for purposes of appraisal, at not make such a determination unless the ‘‘(B) privileges or immunities or other both book and fair market value. Commission determines that such privatiza- competitive advantages of the type accorded ‘‘SEC. 622. SPECIFIC CRITERIA FOR INTELSAT. tion is consistent with such criteria. INTELSAT and INMARSAT and their sig- ‘‘In securing the privatizations required by ‘‘(c) PREVENTION OF EXPANSION.—Pending natories though the terms and operation of section 621, the following additional criteria privatization in accordance with the licens- the INTELSAT Agreement and the associ- with respect to INTELSAT privatization ing criteria in subtitle B, the Commission ated Headquarters Agreement and the shall be applied as licensing criteria for pur- shall not— INMARSAT Convention; and poses of subtitle A: ‘‘(1) issue an authorization, license, or per- ‘‘(C) preferential access to orbital slots. ‘‘(1) NUMBER OF COMPETITORS.—The number mit to, or renew the license or permit of, any ‘‘(4) PREVENTION OF EXPANSION DURING of competitors in the market served by provider of services using INTELSAT or TRANSITION.—During the transition period INTELSAT, including the number of com- INMARSAT space segment, or authorize the prior to full privatization, INTELSAT and petitors created out of INTELSAT, shall be use of such space segment, for additional INMARSAT shall be precluded from expand- sufficient to create a fully competitive mar- services (including additional applications of ing into additional services (including addi- ket. existing services) or additional areas of busi- tional applications of existing services) or ‘‘(2) PREVENTION OF EXPANSION DURING ness; or additional areas of business. TRANSITION.—Pending privatization in ac- ‘‘(2) otherwise assist the expansion of ‘‘(5) CONVERSION TO STOCK CORPORATIONS.— cordance with the criteria in this title, INTELSAT or INMARSAT services, includ- Any successor entity or separated entity cre- INTELSAT shall not expand by receiving ad- ing through authorizing COMSAT’s invest- ated out of INTELSAT or INMARSAT shall ditional orbital slots, placing new satellites ment in new INTELSAT or INMARSAT sat- be a national corporation established in existing slots, or procuring new or addi- ellites or registering for orbital slots in- through the execution of an initial public of- tional satellites, except for specified replace- tended for INTELSAT or INMARSAT provi- fering as follows: ment satellites for which construction con- sion of additional services (including addi- ‘‘(A) Any successor entities and separated tracts have been executed as of May 12, 1997, tional applications of existing services) or entities shall be incorporated as private cor- and the United States shall oppose such ex- additional areas of business. porations subject to the laws of the nation in pansion— ‘‘SEC. 602. INTELSAT OR INMARSAT ORBITAL which incorporated. ‘‘(A) in INTELSAT, including at the As- SLOTS. ‘‘(B) An initial public offering of securities sembly of Parties, ‘‘Unless, in a proceeding under section of any successor entity or separated entity ‘‘(B) in the International Telecommuni- 601(b), the Commission determines that shall be conducted no later than— cation Union, S11298 CONGRESSIONAL RECORD — SENATE October 28, 1997 ‘‘(C) through United States instructions to petitors created out of INMARSAT, shall be dures for technical coordination with COMSAT, sufficient to create a fully competitive mar- INTELSAT and its successor entities and ‘‘(D) in the Commission, through declining ket. separated entities, rather than INTELSAT to facilitate the registration of additional ‘‘(4) REAFFILIATION PROHIBITED.—Any procedures. orbital slots or the provision of additional merger or ownership or management ties or ‘‘SEC. 645. TERMINATION OF COMMUNICATIONS services (including additional applications of exclusive arrangements between INMARSAT SATELLITE ACT OF 1962 PROVI- existing services) or additional areas of busi- or any successor entity or separated entity SIONS. ness; and and ICO shall be prohibited until 15 years ‘‘Effective on the dates specified, the fol- ‘‘(E) in other appropriate fora. after the completion of INMARSAT privat- lowing provisions of this Act shall cease to ‘‘(3) TECHNICAL COORDINATION AMONG SIG- ization under this title. be effective: NATORIES.—Technical coordination shall not ‘‘(5) INTERLOCKING DIRECTORATES OR EM- ‘‘(1) Date of enactment of this title: Sec- be used to impair competition or competi- PLOYEES.—None of the officers, directors, or tions 101 and 102; paragraphs (1), (5) and (6) of tors, and coordination under Article XIV(d) employees of INMARSAT or any successor section 201(a); section 301; section 303; sec- of the INTELSAT Agreement shall be elimi- entity or separated entity shall be individ- tion 304; section 502; and paragraphs (2) and nated. uals who are officers, directors, or employees (4) of section 504(a). of ICO. ‘‘(2) On the effective date of the Commis- ‘‘SEC. 623. SPECIFIC CRITERIA FOR INTELSAT sion’s order that establishes direct access to ‘‘(6) SPECTRUM ASSIGNMENTS.—The portions SEPARATED ENTITIES. INTELSAT space segment: Paragraphs (1), ‘‘In securing the privatizations required by of the electromagnetic spectrum assigned on the date of enactment of this Act to (3) through (5), and (8) through (10) of section section 621, the following additional criteria 201(c). INMARSAT— with respect to any INTELSAT separated en- ‘‘(3) On the effective date of the Commis- ‘‘(A) shall, after January 1, 2006, or the tity shall be applied as licensing criteria for sion’s order that establishes direct access to date on which the life of the current genera- purposes of subtitle A: INMARSAT space segment: Subsections (a) tion of INMARSAT satellites ends, which- ‘‘(1) DATE FOR PUBLIC OFFERING.—Within through (d) of section 503. one year after any decision to create any ever is later, be made available for assign- ‘‘(4) On the effective date of the Commis- separated entity, a public offering of the se- ment to all systems (including the privatized sion order determining under section curities of such entity shall be conducted. INMARSAT) on a non-discriminatory basis; 601(b)(2) that INMARSAT privatization is ‘‘(2) PRIVILEGES AND IMMUNITIES.—The and consistent with criteria in sections 621 and privileges and immunities of INTELSAT and ‘‘(B) shall not be transferred between 624: Section 504(b). its signatories shall be waived with respect INMARSAT and ICO. ‘‘(5) On the effective date of a Commission to any transactions with any separated en- ‘‘SUBTITLE C—DEREGULATION AND order determining under section 601(b)(2) tity, and any limitations on private cause of OTHER STATUTORY CHANGES that INTELSAT privatization is consistent action that would otherwise generally be ‘‘SEC. 641. DIRECT ACCESS; TREATMENT OF COM- with criteria in sections 621 and 622: Para- permitted against any separated entity shall SAT AS NONDOMINANT CARRIER. graphs (2) and (4) of section 201(a); section be eliminated. ‘‘The Commission shall take such actions 201(c)(2); subsection (a) of section 403; and ‘‘(3) INTERLOCKIG DIRECTORATES OR EMPLOY- as may be necessary— section 404. EES.—None of the officers, directors, or em- ‘‘(1) to permit providers or users of tele- ‘‘SEC. 646. REPORTS TO THE CONGRESS. ployees of any separated entity shall be indi- communications services to obtain direct ac- ‘‘(a) ANNUAL REPORTS.—The President and viduals who are officers, directors, or em- cess to INTELSAT telecommunications serv- the Commission shall report to the Congress ployees of INTELSAT. ices as soon as practicable, but no later than within 90 calendar days of the enactment of ‘‘(4) SPECTRUM ASSIGNMENTS.—After the January 1, 2001; this Act, and not less than annually there- initial transfer which may accompany the ‘‘(2) to permit providers or users of tele- after, on the progress made to achieve the creation of a separated entity, the portions communications services to obtain direct ac- objectives and carry out the purposes and of the electromagnetic spectrum assigned on cess to INMARSAT telecommunications provisions of this Act. Such reports shall be the date of enactment of this Act to services as soon as practicable, but no later made available immediately to the public. INTELSAT shall not be transferred between than January 1, 2000; and ‘‘(b) CONTENTS OF REPORTS.—The reports INTELSAT and any separated entity. ‘‘(3) to treat COMSAT as a nondominant submitted pursuant to subsection (a) shall ‘‘(5) REAFFILIATION PROHIBITED.—Any carrier for the purposes of the Commission’s include the following: merger or ownership or management ties or regulations on the effective date of the ac- ‘‘(1) Progress with respect to each objec- exclusive arrangements between a privatized tions taken pursuant to paragraphs (1) and tive since the most recent preceding report. INTELSAT or any successor entity and any (2), respectively. ‘‘(2) Views of the Parties with respect to privatization. separated entity shall be prohibited until 15 ‘‘SEC. 642. SIGNATORY ROLE. years after the completion of INTELSAT pri- ‘‘(3) Views of industry and consumers on ‘‘(a) MULTIPLE SIGNATORIES PERMITTED.— privatization. vatization under this title. ‘‘(1) INTELSAT.—As soon as practicable, ‘‘SEC. 647. CONSULTATION WITH CONGRESS. ‘‘SEC. 624. SPECIFIC CRITERIA FOR INMARSAT. but no later than January 1, 2001, multiple ‘‘The President’s designees and the Com- signatories shall be permitted to represent ‘‘In securing the privatizations required by mission shall consult with the Committee on the United States in INTELSAT. section 621, the following additional criteria Commerce of the House of Representatives ‘‘(2) INMARSAT.—As soon as practicable, with respect to INMARSAT privatization and the Committee on Commerce, Science, but not later than January 1, 2000, multiple shall be applied as licensing criteria for pur- and Transportation of the Senate prior to signatories shall be permitted to represent poses of subtitle A: each meeting of the INTELSAT or the United States in INMARSAT. ‘‘(1) MULTIPLE SIGNATORIES AND DIRECT AC- INMARSAT Assembly of Parties, the ‘‘(b) ELIMINATION OF COMSAT PRIVILEGES CESS.—Multiple signatories and direct access INTELSAT Board of Governors, the AND IMMUNITIES.—Notwithstanding any other to INMARSAT shall be permitted. INMARSAT Council, or appropriate working law or executive agreement, COMSAT shall ‘‘(2) PREVENTION OF EXPANSION DURING group meetings. TRANSITION.—Pending privatization in ac- not be entitled to any privileges or immuni- ‘‘SEC. 648. SATELLITE AUCTIONS. cordance with the criteria in this title, ties under the laws of the United States or ‘‘Notwithstanding any other provision of INMARSAT should not expanded by receiv- any State on the basis of its status as a sig- law, the Commission shall not have the au- ing additional orbital slots, placing new sat- natory of INTELSAT or INMARSAT. thority to assign by competitive bidding or- ellites in existing slots, or procuring new or ‘‘(c) PARITY OF TREATMENT.—Notwith- bital slots or spectrum used for the provision additional satellites, except for specified re- standing any other law or executive agree- of international or global satellite commu- placement satellites for which construction ment, the Commission shall have the author- nications services. The President shall op- contracts have been executed as of May 12, ity to impose similar regulatory fees on the pose in the International Telecommuni- 1997, and the United States shall oppose such United States signatory which it imposes on cation Union and in other bilateral and mul- expansion— other entities providing similar services. tilateral fora any assignment by competitive ‘‘(A) in INMARSAT, including at the Coun- ‘‘SEC. 643. ELIMINATION OF PROCUREMENT bidding of orbital slots or spectrum used for cil and Assembly of Parties, PREFERENCES. the provision of such services. ‘‘(B) in the International Telecommuni- ‘‘Nothing in this Act or the Communica- cation Union, tions Act of 1934 shall be construed to au- ‘‘SUBTITLE D—NEGOTIATIONS TO ‘‘(C) through United States instructions to thorize or require any preference, in Federal PURSUE PRIVATIZATION COMSAT, Government procurement of telecommuni- ‘‘SEC. 661. METHODS TO PURSUE ‘‘(D) in the Commission, through declining cations services, for the satellite space seg- PRIVATIZATIONS. to facilitate the registration of additional ment provided by INTELSAT, INMARSAT, ‘‘The President shall secure the pro-com- orbital slots or providing new services or or any successor entity or separated entity. petitive privatizations required by this title uses for existing slots, and ‘‘SEC. 644. USE OF ITU TECHNICAL COORDINA- in a manner that meets the criteria in sub- ‘‘(E) in other appropriate fora. TION. title B. ‘‘(3) NUMBER OF COMPETITORS.—The number ‘‘The Commission and United States sat- ‘‘SUBTITLE E—DEFINITIONS of competitors in the markets served by ellite companies shall utilize the Inter- ‘‘SEC. 681. DEFINITIONS. INMARSAT, including the number of com- national Telecommunication Union proce- ‘‘(a) IN GENERAL.—As used in this title: October 28, 1997 CONGRESSIONAL RECORD — SENATE S11299 ‘‘(1) INTELSAT.—The term ‘INTELSAT’ isting maritime or aeronautical services for health insurance issuers with enrollees, means the International Telecommuni- which there are not alternative providers. health professionals, and providers. cations Satellite Organization established ‘‘(13) ADDITIONAL SERVICES.—The term ‘ad- pursuant to the Agreement Relating to the ditional services’ means Internet services, S. 651 International Telecommunications Satellite high-speed data, non-maritime or non-aero- At the request of Mr. GRAMS, the Organization (INTELSAT). nautical mobile services, Direct to Home name of the Senator from Idaho [Mr. ‘‘(2) INMARSAT.—The term ‘INMARSAT’ (DTH) or Direct Broadcast Satellite (DBS) KEMPTHORNE] was added as a cosponsor means the International Mobile Satellite Or- video services, or Ka-band services. of S. 651, a bill to amend the Internal ganization established pursuant to the Con- ‘‘(14) INTELSAT.—The term ‘INTELSAT’ Revenue Code of 1986 to provide that vention on the International Maritime Orga- means the International Telecommuni- nization. cations Satellite Organization. the conducting of certain games of ‘‘(3) SIGNATORIES.—The term ‘signatories’— ‘‘(15) INTELSAT AGREEMENT.—The term chance shall not be treated as an unre- ‘‘(A) in the case of INTELSAT, or ‘INTELSAT Agreement’ means the Agree- lated trade or business. INTELSAT successors or separated entities, ment Relating to the International Tele- S. 912 means a Party, or the telecommunications communications Satellite Organization At the request of Mr. BOND, the entity designated by a Party, that has signed (INTELSAT), including all its annexes (TIAS the Operating Agreement and for which such 7532, 23 UST 3813). names of the Senator from Alabama Agreement has entered into force or to ‘‘(16) HEADQUARTERS AGREEMENT.—The [Mr. SHELBY] and the Senator from which such Agreement has been provision- term ‘Headquarters Agreement’ means the Alabama [Mr. SESSIONS] were added as ally applied; International Telecommunication Satellite a cosponsors of S. 912, a bill to provide ‘‘(B) in the case of INMARSAT, or Organization Headquarters Agreement (No- for certain military retirees and de- INMARSAT successors or separated entities, vember 24, 1976) (TIAS8542, 28 UST 2248). pendents a special medicare part B en- means either a Party to, or an entity that ‘‘(17) OPERATING AGREEMENT.—The term rollment period during which the late has been designated by a Party to sign, the ‘Operating Agreement’ means— Operating Agreement. ‘‘(A) in the case of INTELSAT, the agree- enrollment penalty is waived and a spe- ‘‘(4) PARTY.—The term ‘Party’— ment, including its annex but excluding all cial medigap open period during which ‘‘(A) in the case of INTELSAT, means a na- titles of articles, opened for signature at no under-writing is permitted. tion for which the INTELSAT agreement has Washington on August 20, 1971, by Govern- S. 943 entered into force or been provisionally ap- ments or telecommunications entities des- At the request of Mr. SPECTER, the plied; and ignated by Governments in accordance with ‘‘(B) in the case of INMARSAT, means a the provisions of the Agreement, and name of the Senator from Illinois [Mr. nation for which the INMARSAT convention ‘‘(B) in the case of INMARSAT, the Operat- DURBIN] was added as a cosponsor of S. has entered into force. ing Agreement on the International Mari- 943, a bill to amend title 49, United ‘‘(5) COMMISSION.—The term ‘Commission’ time Satellite Organization, including its States Code, to clarify the application means the Federal Communications Com- annexes. of the Act popularly known as the mission. ‘‘(18) INMARSAT CONVENTION.—The term ‘‘Death on the High Seas Act’’ to avia- ‘‘(6) INTERNATIONAL TELECOMMUNICATION ‘INMARSAT Convention’ means the Conven- tion accidents. UNION.—The term ‘International Tele- tion on the International Maritime Satellite communication Union’ means the intergov- Organization (INMARSAT) (TIAS 9605, 31 S. 995 ernmental organization that is a specialized UST 1). At the request of Mr. LAUTENBERG, agency of the United Nations in which mem- ‘‘(19) NATIONAL CORPORATION.—The term the names of the Senator from Massa- ber countries cooperate for the development ‘national corporation’ means a corporation of telecommunications, including adoption chusetts [Mr. KERRY], the Senator from the ownership of which is held through pub- Maryland [Ms. MIKULSKI], and the Sen- of international regulations governing ter- licly traded securities, and that is incor- ator from Nevada [Mr. REID], were restrial and space uses of the frequency spec- porated under, and subject to, the laws of a trum as well as use of the geostationary sat- national, state, or territorial government. added as cosponsors of S. 995, a bill to ellite orbit. ‘‘(20) COMSAT.—The term ‘COMSAT’ amend title 18, United States Code, to ‘‘(7) DIRECT ACCESS.—The term ‘direct ac- means the corporation established pursuant prohibit certain interstate conduct recess’ means arrangements for purchase of to title III of the Communications Satellite lating to exotic animals. space segment capacity from, or investment Act of 1962 (47 U.S.C. 731 et seq.) S. 1045 in (or both), INTELSAT or INMARSAT by ‘‘(21) ICO.—The term ‘ICO’ means the com- means other than through a signatory. pany known, as of the date of enactment of At the request of Mr. DASCHLE, the ‘‘(8) SUCCESSOR ENTITY.—The term ‘succes- this Act, as ICO Global Communications, name of the Senator from Vermont sor entity’— Inc. [Mr. LEAHY] was added as a cosponsor ‘‘(A) means any privatized entity created ‘‘(b) COMMON TERMINOLOGY.—Except as oth- of S. 1045, a bill to prohibit discrimina- from the privatization of INTELSAT or erwise provided in subsection (a), terms used INMARSAT or from the assets of INTELSAT tion in employment on the basis of ge- in this Act that are defined in section 3 of or INMARSAT, but netic information, and for other pur- the Communications Act of 1934 have the ‘‘(B) does not include any entity that is a poses. meanings provided in such section.’. separated entity. S. 1133 ‘‘(9) SEPARATED ENTITY.—The term ‘sepa- f At the request of Mr. COVERDELL, the rated entity’ means a privatived entity to ADDITIONAL COSPONSORS whom a portion of the assets owned by name of the Senator from Tennessee INTELSAT or INMARSAT are transferred S. 153 [Mr. FRIST] was added as a cosponsor of prior to full privatization of INTELSAT or At the request of Mr. MOYNIHAN, the S. 1133, a bill to amend the Internal INMARSAT, including in particular the en- name of the Senator from New Mexico Revenue Code of 1986 to allow tax-free tity whose structure was under discussion by [Mr. BINGAMAN] was added as a cospon- expenditures from education individual INTELSAT as of May 12, 1997, but excluding sor of S. 153, a bill to amend the Age retirement accounts for elementary ICO. and secondary school expenses and to (10) ORBITAL SLOT.—The term ‘orbital slot’ Discrimination in Employment Act of means the location for placement of a sat- 1967 to allow institutions of higher edu- increase the maximum annual amount ellite on the geostationary orbital are as de- cation to offer faculty members who of contributions to such accounts. fined in the International Telecommuni- are serving under an arrangement pro- S. 1204 cation Union Radio Regulations. viding for unlimited tenure, benefits on At the request of Mr. COVERDELL, the ‘‘(11) SPACE SEGMENT.—The term ‘space voluntary retirement that are reduced names of the Senator from Alaska [Mr. segment’ means the satellites, and the track- or eliminated on the basis of age, and ing, telemetry, command, control, monitor- MURKOSWKI], the Senator from Ala- ing and related facilities and equipment used for other purposes. bama [Mr. SESSIONS], and the Senator to support the operation of satellites owned S. 644 from Louisiana [Mr. BREAUX] were or leased by INTELSAT, INMARSAT, or a At the request of Mr. D’AMATO, the added as cosponsors of S. 1204, a bill to separated entity or successor entity. name of the Senator from Mississippi simplify and expedite access to the ‘‘(12) NON-CORE.—The term ‘non-core serv- [Mr. COCHRAN] was added as a cospon- Federal courts for injured parties ices’ means, with respect to INTELSAT pro- sor of S. 644, a bill to amend the Public whose rights and privileges, secured by vision, services other than public-switched network voice telephony and occasional-use Health Service Act and the Employee the United States Constitution, have television, and with respect to INMARSAT Retirement Income Security Act of been deprived by final actions of Fed- provision, services other than global mari- 1974 to establish standards for relation- eral agencies, or other government of- time distress and safety services or other ex- ships between group health plans and ficials or entities acting under color of S11300 CONGRESSIONAL RECORD — SENATE October 28, 1997 State law; to prevent Federal courts pedite access to the Federal courts for cosponsors of Senate Concurrent Reso- from abstaining from exercising Fed- injured parties whose rights and privi- lution 54, a concurrent resolution ex- eral jurisdiction in actions where no leges, secured by the United States pressing the sense of the Congress that State law claim is alleged; to permit Constitution, have been deprived by the United States Postal Service certification of unsettled State law final actions of Federal agencies or should maintain the postal uniform al- questions that are essential to resolv- other government officials, or entities lowance program. ing Federal claims arising under the acting under color of State law; to pre- AMENDMENT NO. 1424 Constitution; and to clarify when gov- vent Federal courts from abstaining At the request of Mr. CAMPBELL the ernment action is sufficiently final to from exercising Federal jurisdiction in name of the Senator from Illinois [Ms. ripen certain Federal claims arising actions in which no State law claim is MOSELEY-BRAUN] was added as a co- under the Constitution. alleged; to permit certification of un- sponsor of amendment No. 1424 in- S. 1219 settled State law questions that are es- tended to be proposed to S. 1173, a bill At the request of Mr. FAIRCLOTH, the sential to Federal claims arising under to authorize funds for construction of names of the Senator from Alabama the Constitution; to allow for efficient highways, for highway safety pro- [Mr. SHELBY] was added as a cosponsor adjudication of constitutional claims grams, and for mass transit programs, of S. 1219, a bill to require the estab- brought by injured parties in the Unit- and for other purposes. lishment of a research and grant pro- ed States district courts and the Court f gram for the eradication or control of of Federal Claims; to clarify when gov- AUTHORITY FOR COMMITTEES TO Pfiesteria pisicicida and other aquatic ernment action is sufficiently final to MEET toxins. ripen certain Federal claims arising S. 1228 under the Constitution; and for other COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY At the request of Mr. CHAFEE, the purposes. Mr. GORTON. Mr. President, I would names of the Senator from Kansas [Mr. S. 1308 like to announce that the Committee BROWNBACK], the Senator from Idaho At the request of Mr. BREAUX, the on Agriculture, Nutrition, and For- [Mr. CRAIG], the Senator from Idaho names of the Senator from Iowa [Mr. estry will meet during the session of [Mr. KEMPTHORNE], the Senator from GRASSLEY] and the Senator from Flor- the Senate on Thursday, October 30, Utah [Mr. BENNETT], the Senator from ida [Mr. GRAHAM] were added as co- 1997, at 9:15 a.m. in SR–328A to mark up Hawaii [Mr. INOUYE], the Senator from sponsors of S. 1308, a bill to amend the the nominations of Ms. Sally Thomp- New York [Mr. MOYNIHAN], the Senator Internal Revenue Code of 1986 to ensure son to be chief financial officer of the from Tennessee [Mr. FRIST], the Sen- taxpayer confidence in the fairness and U.S. Department of Agriculture and ator from Illinois [Ms. MOSELEY- independence of the taxpayer problem Mr. Joe Dial to be Commissioner of the BRAUN], the Senator from Mississippi resolution process by providing a more Commodity Futures Trading Commis- [Mr. COCHRAN], the Senator from North independently operated Office of the sion. Carolina [Mr. FAIRCLOTH], the Senator Taxpayer Advocate, and for other pur- The PRESIDING OFFICER. Without from Massachusetts [Mr. KERRY], the poses. objection, it is do ordered. Senator from South Dakota [Mr. JOHN- S. 1311 COMMITTEE ON COMMERCE, SCIENCE, AND SON], the Senator from Pennsylvania IEBERMAN At the request of Mr. L , the TRANSPORTATION [Mr. SANTORUM], the Senator from Col- names of the Senator from Montana Mr. GORTON. Mr. President, I ask orado [Mr. ALLARD], the Senator from [Mr. BAUCUS], the Senator from Louisi- unanimous consent that the Commit- Delaware [Mr. ROTH], the Senator from ana [Mr. BREAUX], the Senator from tee on Commerce, Science, and Trans- New Mexico [Mr. DOMENICI], the Sen- Florida [Mr. GRAHAM], and the Senator portation be authorized to meet on ator from Massachusetts [Mr. KEN- from Michigan [Mr. LEVIN] were added Tuesday, October 28, 1997, at 2:30 p.m. NEDY], the Senator from Connecticut as cosponsors of S. 1311, a bill to im- on aviation competition legislation. [Mr. DODD], the Senator from Nebraska pose certain sanctions on foreign per- The PRESIDING OFFICER. Without [Mr. KERREY], the Senator from Min- sons who transfer items contributing objection, it is so ordered. nesota [Mr. GRAMS], the Senator from to Iran’s efforts to acquire, develop, or COMMITTEE ON ENVIRONMENT AND PUBLIC Arkansas [Mr. HUTCHINSON], the Sen- produce ballistic missiles. WORKS ator from Maine [Ms. SNOWE], and the At the request of Mr. LOTT, the Mr. GORTON. Mr. President. I ask Senator from North Carolina [Mr. names of the Senator from Oregon [Mr. unanimous consent that the full Com- HELMS] were added as cosponsors of S. SMITH], the Senator from New Jersey mittee on Environment and Public 1228, a bill to provide for a 10-year cir- [Mr. TORRICELLI], the Senator from Works be granted permission to con- culating commemorative coin program Iowa [Mr. GRASSLEY], the Senator from duct a hearing Tuesday, October 28, 9 to commemorate each of the 50 States, Iowa [Mr. HARKIN], the Senator from a.m., Hearing Room (SD–406) on the and for other purposes. Tennessee [Mr. FRIST], the Senator President’s nomination of Lt. Gen. S. 1233 from Virginia [Mr. WARNER], the Sen- Kenneth R. Wykle (Ret. Army) to be At the request of Mr. BROWNBACK, the ator from Virginia [Mr. ROBB], the Sen- Administrator of the Federal Highway name of the Senator from Idaho [Mr. ator from Alabama [Mr. SESSIONS], the Administration. CRAIG] was added as a cosponsor of S. Senator from North Carolina [Mr. The PRESIDING OFFICER. Without 1233, a bill to terminate the taxes im- FAIRCLOTH], and the Senator from objection, it is so ordered. posed by the Internal Revenue Code of Pennsylvania [Mr. SANTORUM] were COMMITTEE ON FOREIGN RELATIONS 1986 other than Social Security and added as cosponsors of S. 1311, supra. Mr. GORTON. Mr. President, I ask railroad retirement related taxes. SENATE JOINT RESOLUTION 37 unanimous consent that the Commit- S. 1252 At the request of Mr. JEFFORDS, the tee on Foreign Relations be authorized At the request of Mr. GRAHAM, the name of the Senator from Rhode Island to meet during the session of the Sen- name of the Senator from Maryland [Mr. CHAFEE] was added as a cosponsor ate on Tuesday, October 28, 1997, at 10 [Mr. SARBANES] was added as a cospon- of Senate Joint Resolution 37, a joint a.m. and 2 p.m. to hold hearings. sor of S. 1252, a bill to amend the Inter- resolution to provide for the extension The PRESIDING OFFICER. Without nal Revenue Code of 1986 to increase of a temporary prohibition of strikes or objection, it is so ordered. the amount of low-income housing lockout and to provide for binding arbi- COMMITTEE ON THE JUDICIARY credits which may be allocated in each tration with respect to the labor input Mr. GORTON. Mr. President, I ask State, and to index such amount for in- between Amtrak and certain of its em- unanimous consent that the Commit- flation. ployees. tee on the Judiciary be authorized to S. 1256 SENATE CONCURRENT RESOLUTION 54 meet during the session of the Senate At the request of Mr. HATCH, the At the request of Mr. DEWINE, the on Tuesday, October 28, 1997, at 10:30 name of the Senator from Alabama names of the Senator from Kentucky a.m. in room 226 of the Senate Dirksen [Mr. SESSIONS] was added as a cospon- [Mr. FORD] and the Senator from Ken- Office Building to hold a hearing on: sor of S. 1256, a bill to simplify and ex- tucky [Mr. MCCONNELL] were added as ‘‘Judicial Nominations.’’ October 28, 1997 CONGRESSIONAL RECORD — SENATE S11301 The PRESIDING OFFICER. Without Nation’s copyright laws in order to en- and by passing this legislation this objection, it is so ordered. sure the effective administration of our year, the Copyright Office will be able COMMITTEE ON LABOR AND HUMAN RESOURCES copyright system and the U.S. Copy- to move expeditiously to adjust their Mr. GORTON. Mr. President, I ask right Office. The need for these changes fees for the coming year. unanimous consent that the Commit- was first brought to my attention by I also want to note the importance of tee on Labor and Human Resources be the Register of Copyrights, Marybeth the amendment which the Senate has authorized to meet for a hearing on Peters, and I want to thank her for her adopted to H.R. 672 to overturn the Protecting Our Medical Information outstanding work. Ninth Circuit’s decision in La Cienega Rights, Responsibilities, and Risks dur- Among the most important amend- Music Co. v. ZZ Top, 53 F.3d 950 (9th Cir. ing the session of the Senate on Tues- ments made by H.R. 672 is a clarifica- 1995), cert denied, 116 S. Ct. 331 (1995). day, October 28, 1997, at 10 a.m. tion of the Copyright Office’s authority My colleagues will recall that Senator The PRESIDING OFFICER. Without to increase its fees for the first time LEAHY and I introduced this legislation objection, it is so ordered. since 1990 in order to help cover its in March of this year as a provision of SELECT COMMITTEE ON INTELLIGENCE costs and to reduce the impact of its S. 505, the Copyright Term Extension Mr. GORTON. Mr. President, I ask services on the Federal budget and the Act of 1997. unanimous consent that the Select American taxpayer. This clarification In general, La Cienega held that dis- Committee on Intelligence be author- is needed because of ambiguities in the tributing a sound recording to the pub- ized to meet during the session of the Copyright Fees and Technical Amend- lic—by sale, for example—is a publica- Senate on Tuesday, October 38, 1997 at ments Act of 1989, which authorized the tion of the music recorded on it under 2:30 p.m. to hold a closed hearing. Copyright Office to increase fees in the 1909 Copyright Act. Under the 1909 The PRESIDING OFFICER. Without 1995, and every fifth year thereafter. act, publication without copyright no- objection, it is so ordered. Because the Copyright Office did not tice caused loss of copyright protec- raise its fees in 1995, as anticipated, tion. Almost all music that was first SUBCOMMITTEE ON FINANCIAL SERVICES AND TECHNOLOGY there has been some uncertainty as to published on recordings did not contain Mr. GORTON. Mr. President, I ask whether the Copyright Office may in- copyright notice, because publishers unanimous consent that the Sub- crease its fees again before 2000 and believed that it was not technically a committee on Financial Services and whether the baseline for calculating publication. The Copyright Office also Technology of the Committee on Bank- the increase in the consumer price considered these musical compositions ing, Housing, and Urban Affairs be au- index is the date of the last actual fee to be unpublished. The effect of La thorized to meet during the session of settlement, 1990, or the date of the last Cienega, however, is that virtually all the Senate on Tuesday, October 28, authorized fee settlement, 1995. H.R. music before 1978 that was first distrib- 1997, to conduct a hearing on Elec- 672 clarifies that the Copyright Office uted to the public on recordings has no tronic Authentication and Digital Sig- may increase its fees in any calendar copyright protection—at least in the nature 10:30 a.m. year, provided it has not done so with- Ninth Circuit. The PRESIDING OFFICER. Without in the last 5 years, and that the fees By contrast, the Second Circuit in objection, it is so ordered. may be increased up to the amount re- Rosette v. Rainbo Record Manufacturing Corp., 546 F.2d 461 (2d Cir. 1975), aff’d SUBCOMMITTEE ON FORESTS AND PUBLIC LAND quired to cover the reasonable costs in- MANAGEMENT curred by the Copyright Office. per curiam, 546 F.2d 461 (2d Cir. 1976) Mr. GORTON. Mr. President, I ask Although H.R. 672 does not require has held the opposite—that publish dis- unanimous consent that the Sub- the Copyright Office to increase its tribution of recordings was not a publi- committee on Forests and Public Land fees to cover all its costs, I believe it is cation of the music contained on them. management of the Committee on En- important in that it provides the Copy- As I have noted, Rosette comports with ergy and Natural Resources be granted right Office the statutory tools to be- the nearly universal understanding of permission to meet during the session come self-sustaining—a concept that I the music and sound recording indus- of the Senate on Tuesday, October 28, promoted in the last Congress. Cur- tries and of the Copyright Office. Since the Supreme Court has denied for purposes of conducting a sub- rently the Copyright Office does not re- cert in La Cienega, whether one has committee hearing which is scheduled cover the full cost of its services copyright in thousands of musical com- to begin at 2 p.m. The purpose of this through fees, but instead receives some positions depends on whether the case oversight hearing is to receive testi- $10 million in annual appropriations. Several studies have supported full- is brought in the Second or Ninth Cir- mony on the potential impacts on, and cost recovery for the Copyright Office. cuits. This situation is intolerable. additional responsibilities for, Federal For example, A 1996 Booz-Allen and Overturning the La Cienega decision land managers imposed by the Environ- Hamilton management review of the will restore national uniformity on mental protection Agency’s Notice of Library of Congress recommended that this important issue by confirming the Proposed Rulemaking on regional haze the Copyright Office pursue full-cost wisdom of the custom and usage of the regulations implementing sections recovery, noting that the Copyright Of- affected industries and of the Copy- 169A and 169B of the Clean Air Act. The PRESIDING OFFICER. Without fice has been subject to full-cost recov- right Office for nearly 100 years. In addition to these two important objection, it is so ordered. ery in the past and that the potential revenues to be derived from pursuing a provisions, H.R. 672 will: First, correct f fee-based service was significant. A 1996 drafting errors in the Satellite Home ADDITIONAL STATEMENTS internal Copyright Office management Viewer Act of 1994, which resulted from report prepared by the Library of Con- the failure to take into account the re- gress also recommended full-cost recent changes made by the Copyright PASSAGE OF H.R. 672 covery for copyright services. The Con- Tribunal Reform Act of 1993, and which ∑ Mr. HATCH. Mr. President, I rise gressional Budget Office has also sug- mistakingly reversed the rates set by a today to laud the Senate passage of gested full-cost recovery for the Copy- 1992 Copyright Arbitration Royalty H.R. 672. This legislation, which was right Office as a means of achieving Panel for satellite carriers; second, introduced by Congressman COBLE in deficit reduction. These recommenda- clarify ambiguities in the Copyright the House of Representatives, is the tions were endorsed by the General Ac- Restoration Act dealing with the res- counterpart to legislation I introduced counting Office in its recent report, In- toration of copyright protection for in the Senate on March 20 of this tellectual Property, Fees Are Not Al- certain works under the 1994 Uruguay year—the Copyright Clarification Act ways Commensurate with the Costs of Round Agreements Act; third, ensure of 1997 (S. 506). The Copyright Clarifica- Service. that rates established in 1996 under the tion Act was reported unanimously by It is my understanding that the Digital Performance Rights in Sound the Senate Judiciary Committee on Copyright Office has embraced the goal Recordings Act will not lapse in the April 17. of achieving full-cost recovery for its event that the Copyright Arbitration The purpose of these bills is to make copyright services. H.R. 672 will pro- Royalty Panel does not conclude rate- technical but needed changes to our vide the authority to achieve that goal, setting proceedings prior to December S11302 CONGRESSIONAL RECORD — SENATE October 28, 1997 1, 2000; fourth, restore definitions of portunity to say thank you to nine DEPARTMENT OF ENERGY jukebox and jukebox operator, which men and women who, in pursuit of John C. Angell, of Maryland, to be an As- were mistakingly omitted when the old their own education, taught the rest of sistant Secretary of Energy (Congressional jukebox compulsory license was re- the nation an invaluable lesson about and Intergovernmental Affairs). placed with the current negotiated racial equality.∑ Ernest J. Moniz, of Massachusetts, to be Under Secretary of Energy. jukebox license; fifth, revise the cur- f Michael Telson, of the District of Colum- rently unworkable requirement of a 10- bia, to be Chief Financial Officer, Depart- day advanced notice of intent to copy- ORDER OF BUSINESS ment of Energy. right the fixation of live performances, Mr. DEWINE. Mr. President, I sug- Dan Reicher, of Maryland, to be an Assist- such as sporting events; sixth, clarify gest the absence of a quorum. ant Secretary of Energy (Energy, Efficiency, and Renewable Energy). administrative issues regarding the op- The PRESIDING OFFICER (Mr. AL- Robert Wayne Gee, of Texas, to be an As- eration of the Copyright Arbitration LARD). The clerk will call the roll. Royalty Panels; seventh, provide need- sistant Secretary of Energy (Policy, Plan- The bill clerk proceeded to call the ning, and Program Evaluation). ed flexibility for the Librarian of Con- roll. FEDERAL COMMUNICATIONS COMMISSION gress in setting the negotiation period Mr. DEWINE. Mr. President, I ask for the distribution of digital audio re- Harold W. Furchtgott-Roth, of the District unanimous consent that the order for of Columbia, to be a Member of the Federal cording technology [DART] royalties; the quorum call be rescinded. Communications Commission for a term of and, eighth, make miscellaneous spell- The PRESIDING OFFICER. Without five years from July 1, 1995. ing, grammatical, capitalization, and objection, it is so ordered. Michael K. Powell, of Virginia, to be a other corrections to the Copyright Act. f Member of the Federal Communications Mr. President, this is important leg- Commission for a term of five years from islation, and I am pleased the Senate UNANIMOUS-CONSENT AGREE- July 1, 1997. has acted to approve it prior to ad- MENT—NOMINATION OF WILLIAM Gloria Tristani, of New Mexico, to be a journing this fall. I wish to thank my E. KENNARD Member of the Federal Communications colleagues and to encourage the House Commission for the remainder of the term Mr. DEWINE. Mr. President, on be- expiring June 30, 1998. to accept the Senate amendment and half of the leader, as in executive ses- Gloria Tristani, of New Mexico, to be a to forward H.R. 672 to the President for sion, I ask unanimous consent that at Member of the Federal Communications his signature without delay. ∑ the hour of 11 a.m., on Wednesday, Oc- Commission for a term of five years from f tober 29, the Senate proceed to execu- July 1, 1998. (Reappointment) AWARDING THE CONGRESSIONAL tive session to consider calendar No. DEPARTMENT OF THE INTERIOR GOLD MEDAL TO THE ‘‘LITTLE 312, the nomination of William E. M. John Berry, of Maryland, to be an As- ROCK NINE’’ Kennard to be a member of the FCC. I sistant Secretary of the Interior. f ∑ Mr. ABRAHAM. Mr. President, I rise further ask unanimous consent that today in support of S. 1283, legislation there be 20 minutes of debate, equally LEGISLATIVE SESSION divided, between the chairman and the to award the Congressional Gold The PRESIDING OFFICER. Under ranking member, with an additional 5 Medal, the highest honor Congress can the previous order, the Senate will re- minutes under the control of Senator bestow upon civilians for acts of public turn to legislative session. BURNS and 5 minutes under the control service and patriotism, to those civil f rights leaders history will remember as of Senator HELMS. I finally ask unani- the ‘‘Little Rock Nine.’’ mous consent that following the expi- ORDERS FOR WEDNESDAY, As all of my colleagues are aware, on ration or yielding back of time, the OCTOBER 29, 1997 September 25, 1957, nine young stu- Senate proceed to a vote on the con- Mr. DEWINE. Mr. President, again on dents, in the face of unspeakable hos- firmation of the nomination, and fol- behalf of the leader, I ask unanimous tility and hatred, voluntarily inte- lowing that vote the President be im- consent that when the Senate com- grated Central High School in Little mediately notified of the Senate’s ac- pletes its business today it stand in ad- Rock, AK. In doing so, they confronted tion, and the Senate then return to leg- journment until the hour of 11 a.m., on not only an angry mob assembled in islative session. Wednesday, October 29. I further ask fierce opposition, but also an en- The PRESIDING OFFICER. Without unanimous consent that on Wednesday, trenched culture of bigotry and racism. objection, it is so ordered. immediately following the prayer, the In today’s day and age, lofty terms f routine requests through the morning like valor, heroism, and bravery are hour be granted and that the Senate used so frequently and in such a casual EXECUTIVE SESSION immediately begin consideration of context the proper impact of their Calendar No. 312, the nomination of meaning has unfortunately been de- William E. Kennard to be a member of EXECUTIVE CALENDAR valued. However, it is sometimes with- the Federal Communications Commis- in the most ordinary acts, such as a Mr. DEWINE. Mr. President, again on sion under the order. child’s steps through a schoolhouse behalf of our leader, I ask unanimous The PRESIDING OFFICER. Without door, in which the most extraordinary consent that the Senate immediately objection, it is so ordered. instances of courage can be found. proceed to executive session to con- f Jean Brown Trickey, Carlotta Walls sider the following nominations on the LaNier, Melba Patillo Beals, Terrence Executive Calendar: No. 263, No. 265, PROGRAM Roberts, Gloria Ray Karlmark, Thelma No. 266, No. 267, No. 268, No. 311, No. Mr. DEWINE. Again on behalf of the Mothershed Wair, Ernest Green, Eliza- 313, No. 315, No. 316, and No. 331. I fur- leader, tomorrow morning at 11 a.m., beth Eckford, and Jefferson Thomas ther ask unanimous consent that the under the previous order, the Senate are all civil rights pioneers. In addi- nominations be confirmed, the motion will proceed to executive session to tion, however, to serving as national to reconsider be laid upon the table, consider the nomination of William symbols as racial progress, each de- any statements relating to the nomina- Kennard to be a member of the Federal serve individual recognition for the tions appear at the appropriate place in Communications Commission. Under dignity and grace they displayed on the RECORD, the President be imme- the order, there will be 30 minutes of that September morning 40 years ago. diately notified of the Senate’s action, debate on the nomination with a roll- Mr. President, awarding the Congres- and the Senate then return to legisla- call vote occurring at the expiration or sional Gold Medal to the ‘‘Little Rock tive session. yielding back of that time. Therefore, Nine’’ would provide this long overdue The PRESIDING OFFICER. Is there Members can anticipate a vote at ap- honor to these exceptional people. As a objection? Without objection, it is so proximately 11:30 a.m. U.S. Senator, it is my pleasure to co- ordered. At 12 noon, it will be the leader’s in- sponsor this legislation. As an Amer- The nominations considered and contention for the Senate to turn to con- ican, it is my privilege to have the op- firmed en bloc are as follows: sideration of H.R. 1119, the national October 28, 1997 CONGRESSIONAL RECORD — SENATE S11303 Defense authorization conference re- by the people, and for the people in the NOMINATIONS port. The Senate may also begin con- world as we know it. Executive nominations received by sideration of Senator COVERDELL’s leg- Let me emphasize, the survival of our islation dealing with education IRA’s. experiment in self-government was at the Senate October 28, 1997: Subsequently, Members can anticipate stake, and these individuals paid the INSTITUTE OF AMERICAN INDIAN AND ALASKA further rollcall votes throughout price to ensure that our Constitution NATIVE CULTURE AND ARTS DEVELOPMENT Wednesday’s session of the Senate. would not perish from the Earth. KATHERINE L. ARCHULETA, OF COLORADO, TO BE A The PRESIDING OFFICER. Without One of the easy mistakes when read- MEMBER OF THE INSTITUTE OF AMERICAN INDIAN AND ing history is to assume that the out- ALASKA NATIVE CULTURE AND ARTS DEVELOPMENT objection, it is so ordered. FOR THE REMAINDER OF THE TERM EXPIRING MAY 19, come of great struggles was inevitable. 2000, VICE LADONNA HARRIS, RESIGNED. f This is not so. History is contingent, NATIONAL LABOR RELATIONS BOARD ORDER FOR ADJOURNMENT dependent on the choices and actions of real people. Things might have been JOSEPH ROBERT BRAME, III, OF VIRGINIA, TO BE A Mr. DEWINE. Mr. President, if there MEMBER OF THE NATIONAL LABOR RELATIONS BOARD very different if a few brave people FOR THE TERM OF FIVE YEARS EXPIRING DECEMBER 16, is no further business to come before hadn’t acted as they did. 1999, VICE JOHN C. TRUESDALE. the Senate, I now ask that the Senate Without the sacrifice of our Founders ENVIRONMENTAL PROTECTION AGENCY stand in adjournment under the pre- we might never have known independ- vious order following the remarks of SALLYANNE HARPER, OF VIRGINIA, TO BE CHIEF FI- ence, certainly not in the form we now NANCIAL OFFICER, ENVIRONMENTAL PROTECTION Senator BROWNBACK. enjoy—and without the sacrifices of AGENCY, VICE JOHATHAN Z. CANNON, RESIGNED. The PRESIDING OFFICER. Without subsequent generations, most espe- U.S. ADVISORY COMMISSION ON PUBLIC objection, it is so ordered. cially of people like those who served DIPLOMACY Mr. DEWINE. Mr. President, I sug- in the first Kansas colored infantry, HANK BROWN, OF COLORADO, TO BE A MEMBER OF THE gest the absence of a quorum. our forebearers most precious gift—lib- U.S. ADVISORY COMMISSION ON PUBLIC DIPLOMACY FOR The PRESIDING OFFICER. The A TERM EXPIRING APRIL 6, 2000, VICE WALTER R. ROB- erty under law—would be lost. ERTS, TERM EXPIRED. clerk will call the roll. Mr. President the example of service, PENNE PERCY KORTH, OF TEXAS, TO BE A MEMBER OF THE U.S. ADVISORY COMMISSION ON PUBLIC DIPLOMACY The assistant legislative clerk pro- dedication, and courage set by the first FOR A TERM EXPIRING JULY 1, 2000, VICE WILLIAM HYBL, ceeded to call the roll. Kansas colored infantry at the very TERM EXPIRED. Mr. BROWNBACK. Mr. President, I moment of our Nation’s greatest need MERIT SYSTEMS PROTECTION BOARD ask unanimous consent that the order should be always with us as we carry SUSANNE T. MARSHALL, OF VIRGINIA, TO BE A MEM- for the quorum call be rescinded. on our work here in the crucible of lib- BER OF THE MERIT SYSTEMS PROTECTION BOARD FOR The PRESIDING OFFICER. Without THE TERM OF SEVEN YEARS EXPIRING MARCH 1, 2004, erty. VICE ANTONIO C. AMADOR, RESIGNED. objection, it is so ordered. Mr. President, those soldiers had rea- Mr. BROWNBACK. Mr. President, I son to doubt America’s promise of lib- f ask unanimous consent to speak as in erty and justice for all. But when free- morning business for up to 5 minutes. dom called they answered, and we are The PRESIDING OFFICER. Without forever in their debt. CONFIRMATIONS In these often selfish and cynical objection, it is so ordered. Executive nominations confirmed by times, we should pause and thankfully f the Senate October 28, 1997: remember the first Kansas colored in- THE FIRST KANSAS COLORED fantry. The blows they struck for free- DEPARTMENT OF ENERGY INFANTRY dom and Union, place us forever in JOHN C. ANGELL, OF MARYLAND, TO BE AN ASSISTANT their debt. SECRETARY OF ENERGY (CONGRESSIONAL AND INTER- Mr. BROWNBACK. Mr. President, I GOVERNMENTAL AFFAIRS). take the Senate floor today to mark f ERNEST J. MONIZ, OF MASSACHUSETTS, TO BE UNDER SECRETARY OF ENERGY. the anniversary of a noble and coura- UNANIMOUS-CONSENT AGREE- MICHAEL TELSON, OF THE DISTRICT OF COLUMBIA, TO geous effort made on behalf of our Na- BE CHIEF FINANCIAL OFFICER, DEPARTMENT OF EN- MENT—NOMINATION OF WILLIAM ERGY. tion by some of the brave residents, of E. KENNARD DAN REICHER, OF MARYLAND, TO BE AN ASSISTANT our then very young State of Kansas. SECRETARY OF ENERGY (ENERGY, EFFICIENCY, AND RE- Mr. BROWNBACK. Mr. President, as NEWABLE ENERGY). Mr. President, 135 years ago today in in executive session, I ask unanimous ROBERT WAYNE GEE, OF TEXAS, TO BE AN ASSISTANT the year 1862, the first Kansas colored SECRETARY OF ENERGY (POLICY, PLANNING, AND PRO- consent that the previous consent GRAM EVALUATION). infantry were the first union black agreement with respect to the Kennard troops of the Civil War to engage in FEDERAL COMMUNICATIONS COMMISSION nomination be modified to include 10 combat—October 28th and 29th at Is- HAROLD W. FURCHTGOTT-ROTH, OF THE DISTRICT OF minutes for debate for Senator land Mound, or Toothman’s Mound, COLUMBIA, TO BE A MEMBER OF THE FEDERAL COMMU- TORRICELLI and 30 minutes equally di- NICATIONS COMMISSION FOR A TERM OF FIVE YEARS near the town of Butler in Bates Coun- FROM JULY 1, 1995. vided between the two managers. ty, MO, near my hometown. MICHAEL K. POWELL, OF VIRGINIA, TO BE A MEMBER The PRESIDING OFFICER. Without OF THE FEDERAL COMMUNICATIONS COMMISSION FOR A The intrepid first Kansas colored in- objection, it is so ordered. TERM OF FIVE YEARS FROM JULY 1, 1997. fantry’s contribution at Toothman’s GLORIA TRISTANI, OF NEW MEXICO, TO BE A MEMBER f OF THE FEDERAL COMMUNICATIONS COMMISSION FOR Mound helped prompt President Abra- THE REMAINDER OF THE TERM EXPIRING JUNE 30, 1998. ADJOURNMENT UNTIL 11 A.M. GLORIA TRISTANI, OF NEW MEXICO, TO BE A MEMBER ham Lincoln to issue the Emancipation OF THE FEDERAL COMMUNICATIONS COMMISSION FOR A Proclamation barely 2 months later TOMORROW TERM OF FIVE YEARS FROM JULY 1, 1998. and inspired hundreds of thousands of The PRESIDING OFFICER. Under DEPARTMENT OF THE INTERIOR other black soldiers to take up arms in the previous order, the Senate stands M. JOHN BERRY, OF MARYLAND, TO BE AN ASSISTANT the cause of Union and free soil—un- adjourned until 11 a.m. tomorrow. SECRETARY OF THE INTERIOR. doubtedly influencing the outcome of Thereupon, the Senate, at 7:19 p.m., THE ABOVE NOMINATIONS WERE APPROVED SUBJECT that war and perhaps proving decisive TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- adjourned until Wednesday, October 29, QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY in preserving government of the people, 1997, at 11 a.m. CONSTITUTED COMMITTEE OF THE SENATE. October 28, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2097 EXTENSIONS OF REMARKS

MAIL FRAUD to send money to help fight something for cial adjustment, job placement, emergency which the writer has ‘‘no time to explain.’’ shelter, food referral, advocacy, translations, The statements in the letter over Mary Mar- and referrals. HON. FORTNEY PETE STARK tin’s signature is false: ‘‘your health care OF CALIFORNIA will be rationed in a Clinton HMO.’’ The en- The center also offers a program of the IN THE HOUSE OF REPRESENTATIVES closed news articles contain numerous errors youth counseling services which was created Tuesday, October 28, 1997 and misrepresentations. I believe that this to serve individuals referred by schools, State mailing may also be a mail fraud because it agencies, or families. They work to prevent Mr. STARK. Mr. Speaker, too bad Dante uses false statements in the cover letter and dropping out of school and provide individual isn't still alive. He would surely write a special inaccurate or incomplete statements in the and group counseling to help young people place in Hell for the vultures who prey on sen- news articles to scare people into sending cope with family, school, and environmental money to support plans for a lawsuit. I know iors with false and alarmist mailings, demand- problems through behavior modification. They ing money to save the seniors from some of no such lawsuit or any grounds for it, and I ask your investigators to determine wheth- also provide tutoring, pre-delinquent and fam- phony threat. er there is in fact such a planned use of the ily intervention, vocational and educational ori- A more immediate punishment would be money bilked from the public. entation, as well as recreation and field trips. fines and imprisonment for postal fraud by the Congressional offices report receiving nu- This program serves as an advocate for youth U.S. Postal Service. merous letters and calls expressing concern in school, city, county agencies, and courts. Following is a letter I have sent to the U.S. and confusion as a result of these two The Homebound Program caters to persons Postal inspectors regarding the recent mailings and therefore I assume that a num- who are homebound due to age or illness with mailings by United Seniors Association and ber of Medicare beneficiaries have been de- the goal of preventing institutionalization. Serv- the Seniors Coalition and their misrepresenta- frauded out of some money as a result of these alarmist misrepresentations. ices are geared toward improving the quality tion of the Kyl amendment issue. Before additional harm is done to Medicare of life and independent living within the herit- U.S. POSTAL SERVICE INSPECTION beneficiaries, I urge an immediate investiga- age characteristic of a Latino culture. Services SERVICE, FRAUD DIVISION, tion and fines and/or the return of money to Washington, DC. October 27, 1997. included but are not limited to case manage- the beneficiaries. ment, counseling, referral, translations, inter- DEAR SIRS: Pursuant to 18 U.S.C. 1341 The issue of private contracting and Medi- which reads, in part ‘‘Whoever, having de- care payment rates are complex and worthy preters, recreational activities, and social vised or intending to devise any scheme or of a rational debate. These two mailings are events. artifice to defraud, or for obtaining money or false, alarmist, and destructive to public de- Other programs aimed at fostering familial property by means of false or fraudulent pre- bate while frightening beneficiaries out of settings include the Host Program which is de- tenses, representations, or promises . . . for money ‘‘by means of false or fraudulent pre- signed to assist children whose natural par- the purpose of executing such scheme or ar- tenses, representations, promises’’ etc. tifice . . . places in any post office . . . any ents are unable to provide adequate care at Thank you for your review of these home. Families are recruited in order to pro- matter or thing whatever to be sent or deliv- mailings. ered by the Postal Service . . . shall be fined Sincerely, vide a temporary home environment. The goal under this title or imprisoned not more than PETE STARK. of the program is to reunite the child with their five years, or both’’ family or to ensure that the child will have a f I wish to report a postal fraud by United safe and nurturing family environment. The Seniors Association, 3900 Jermantown Road, program is founded on the premise that all Suite 450, Fairfax, VA 22030 and urge your THE 25TH ANNIVERSARY OF THE immediate action to impose appropriate pen- HISPANIC INFORMATION CENTER children have the right to physical and emo- alties. OF PASSAIC, INC. tional protection. Host parenting is not a life- Enclosed are two mailings from the United time commitment to a child but a commitment Seniors Association (USA) urgently asking to make a meaningful contribution to a child's for money on the basis of false pretenses and HON. BILL PASCRELL, JR. life. Additionally the goal of the Bridge Family representations. The USA letter contains in- OF NEW JERSEY Program is to provide a temporary placement numerable inaccuracies and errors of fact. It IN THE HOUSE OF REPRESENTATIVES for children ages 7 to 10 who have been is so blatantly wrong that it cannot be a Tuesday, October 28, 1997 adopted and the adoption was disrupted. Fur- simple act of stupidity, but is a calculated scheme to frighten Medicare beneficiaries Mr. PASCRELL. Mr. Speaker, I would like to ther, the Teaching Family Program is de- out of money. In particular, in the letter of call to your attention the momentous occasion signed to help adolescents currently placed in September 22, 1997, the paragraph on the of the 25th anniversary of the Hispanic Infor- residential facilities or being considered for first page which reads ‘‘Here’s what this ap- mation Center of Passaic, Inc. such placement with alternative family settings palling new law does: if you are a Medicare The Hispanic Information Center of Passaic within the community. The program provides patient and you want to personally pay for a was established in 1972 to identify, study, and support and guidance to assist them in their treatment which Medicare does not want to transition to a permanent family environment. cover—it will be nearly impossible to do so. articulate the human service needs of the His- . . .’’ panic community in the city of Passaic. Today, The Alcohol Outreach for Minorities Pro- This statement, repeated in numerous through its different programs, the agency gram was established to serve the needs of ways throughout the mailings, is false. reaches out to the most at-risk populations. It individuals suffering from the consequences of Medicare beneficiaries have always been contributes to economic and social stability by alcoholism. The program provides a 16-week able to contract privately with doctors for means of job placement and support to fami- treatment service and is the only Hispanic al- services which Medicare does not cover. lies, youth, seniors, the disabled, people suf- coholism treatment and referral service pro- Nothing in any law has changed that right. gram in Passaic County which takes into con- Under certain conditions, the new law actu- fering from addiction, and the homeless. Serv- ally extends that ‘‘right’’ to services which ices are rendered with no regard to race, sideration the cultural uniqueness of the His- Medicare does cover—a new right to be billed color, or national origin. panic client. more than the Medicare payment rate by Each and every program at the center is ad- The Immigration and Citizenship Program physicians, which did not exist before. See ministered with the utmost of professionalism was established with the purpose of helping enclosed memoranda. and caring. The Community Service Program immigrants achieve social stability through im- I also urge you to investigate for fraud the of the Hispanic Information Center strives to migration aid, which gives information and enclosed recent Seniors Coalition mailing (11166 Main Street, Suite 302, Fairfax, VA inform low- and moderate-income clients of basic orientation to the immigrants that wish to 22030). This mailing calls for ‘‘an emergency the resources available that will help them de- become permanent residents or legalize their contribution’’ to help fund a lawsuit on the velop and maintain economic self-sufficiency. migratory status. The new citizenship project private contracting issue. The cover letter is In addition, the program assists in providing aids eligible permanent residents in complet- rather extraordinary in that it asks people social service information and helps with so- ing naturalization forms, lending them 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. E2098 CONGRESSIONAL RECORD — Extensions of Remarks October 28, 1997 service of fingerprinting, photos, and edu- master's degree and a doctorate in mechani- the Planting Fields Arboretum, is a member of cational services to better prepare them for cal engineering at Princeton University. the advisory board of Title Guarantee and a the test required by INS for naturalization. In addition to his numerous public service committee member of Israel Bonds. Mr. Speaker, I ask that you join me, our col- contributions, Chancellor Tien has achieved a Mr. Speaker, I ask all my colleagues in the leagues, the city of Passaic, and the people of remarkably distinguished record as a scientist House of Representatives to join with me and north Jersey, in recognizing the momentous and educator. Internationally recognized for the Pedersen-Krag Center in saluting Peter occasion of the 25th anniversary of the His- his research in heat transfer technology, he Tilles. It is the goodwill and support generated panic Information Center of Passaic and its received many honors, including the Max by Peter Tilles that has helped countless pa- many outstanding and invaluable contributions Jakob Memorial Award, the highest inter- tients of the center find the compassion and made to the community. national honor in the field. He is a member of stability so necessary to enhance and fulfill f the National Academy of Arts and Sciences. their lives. At the age of 26, Chancellor Tien became the f A TRIBUTE TO CHANCELLOR youngest professor ever to win the U.C. CHANG-LIN TIEN Berkeley's prestigious Distinguished Teaching COMMON SENSE ON IMMIGRATION Award. FROM THE NEW BEDFORD HON. RONALD V. DELLUMS Anchored in both American and Asian cul- STANDARD TIMES OF CALIFORNIA tures, Dr. Tien is deeply committed to main- IN THE HOUSE OF REPRESENTATIVES taining excellence and to broadening the HON. BARNEY FRANK Tuesday, October 28, 1997 democratic reach of education to all groups. OF MASSACHUSETTS He is involved heavily in his community, focus- IN THE HOUSE OF REPRESENTATIVES Mr. DELLUMS. Mr. Speaker, Mr. Speaker, I ing on educational reform programs particu- Tuesday, October 28, 1997 rise today to pay tribute to a courageous and larly in primary and secondary schools. Chan- exemplary citizen, Chancellor Chang-Lin Tien. cellor Tien has become a leader in enhancing Mr. FRANK of Massachusetts. Mr. Speaker, While there have been many educators, few communication between the East and West the New Bedford Standard Times in the con- have been as distinguished and dedicated as through worldwide engagements. He is a gressional district I represent is a newspaper Chancellor Tien. Today, he will be the first remember of the Pacific Council on International which knows a great deal about immigrants. cipient of the American Courage Award estab- Policy, the U.S. Committee for Economic De- New Bedford has long been a port of entry for lished by the National Asian Pacific American velopment, the Council on Foreign Relations, many immigrants, and the publisher, editors, Legal Consortium, and I take this opportunity and serves on the boards of numerous institu- and staff of the New Bedford Standard Times to add my voice to that of the consortium. Dr. tions such as Asia Foundation, Wells Fargo therefore know a great deal about the value of Tien consistently exemplifies America's high- Bank, and Chevron Corp. In addition, he is immigration to American society. On Tuesday, est principles of equality, fairness, and justice also chairman of the San Francisco Bay Area October 21, the Standard Times ran an excel- and the consortium's award recognizes and Economic Forum. lent editorial about the cruelty and foolishness honors an individual who has lifted America to I am grateful that Chancellor Tien continues of much recent congressional policy on immi- her ideals of freedom and justice. to reside in Berkeley. His work and his con- gration. Coming as it does from a major news- Chancellor Tien is an outstanding educator, tributions which are immeasurable, continue to paper in an area where immigration is a very scientist, and administrator. He served as flow to our community and we are grateful. significant fact, this editorial is entitled to a chancellor at the University of California, at f great deal of weight and given the debate that Berkeley for 7 years, from 1990 to July 1997. now rages in Congress over the wisdom of The Berkeley campus must be one of the IN RECOGNITION OF PETER our immigration policy, I ask that the Standard most challenging campuses in the world. Chal- TILLES RECEIVING THE HUMANI- Times excellent editorial be printed here. lenging not only because of its high academic TARIAN AWARD OF THE PEDER- TARGETING LEGAL IMMIGRANTS WILL RETURN performance, but challenging because of the SEN-KRAG CENTER TO HAUNT CONGRESS mixture of students, faculty, and staff of the One must suspect that since a majority of Berkeley campus. In the context of one of the HON. GARY L. ACKERMAN the members of Congress voted to make most politically active communities in the Unit- OF NEW YORK ruthless cuts in the federal benefits available to legal immigrants, that most of them live ed States, all of this combines to provide one IN THE HOUSE OF REPRESENTATIVES of the more dynamic and sometimes, volatile, in districts where immigration is not experi- communities. Tuesday, October 28, 1997 enced first-hand. Either that, or there are This politically sophisticated group consid- Mr. ACKERMAN. Mr. Speaker, I rise today enough members of Congress who simply don’t care what happens when they pull the ered him an exceptionally effective, competent to join with my constituents and the friends of rug out from under people to pass regula- and charming chancellor; a very rare accom- the Pedersen-Krag Center as they honor Peter tions that most people would find abhorrent. plishment and one deserving of special rec- Tilles as the recipient of their Humanitarian Welfare reform provided a convenient win- ognition. One instance of his courage and Award on this their 40th anniversary. The Pe- dow of opportunity for immigrant-bashers to leadership is in his highly vocal and visible op- dersen-Krag Center, founded in 1957 is a set out on a scorch-and-burn campaign. On position to the University of California's Board State licensed nonprofit outpatient mental the one hand, hundreds and perhaps thou- of Regents' abandonment of affirmative action health and chemical dependency agency offer- sands of legal immigrants who must resolve paperwork processing difficulties are being policies of the university students, staff, and ing a full continuum of services to Long Island- forced to return ‘‘home’’ to work through faculty. ers of all ages. various U.S. embassies rather than stay in Chancellor Tien was particularly sensitive to Peter Tilles represents the true humanitarian this country while the problems are straight- the needs of the city of Berkeley in which the who, despite significant business and family ened out. For many, it means leaving fami- university plays such a prominent and essen- commitments, has always been able to devote lies here and going back to countries where tial role. He executed with brilliance, grace, considerable time and resources to serving a they have no roots, no job, no families, no dignity, and effectiveness, the high profile po- variety of communities in need of leadership connections after many years away. sition of chancellor. We have worked closely and resources. In the area of building develop- In other cases, ruthless border agents have been banishing to five years’ exile many peo- together on issues of importance and common ment, Peter has built and managed millions of ple who had been visiting here legally for concern to the university and to my congres- square feet of office space on Long Island. many years on such things as business trips. sional district. Nassau Crossways International Plaza and the There are ever-growing files of such people Chancellor Tien was the first Asian Amer- Big ``H'' Shopping Center in Huntington serve being detained for hours, questioned and hu- ican to head a major research university in the as examples of his expertise in this area. miliated before being deported. Yet the new United States. Currently, he is the NEC distin- Yet in the field of philanthropy and civic in- rules strip virtually all due process; there is guished professor of engineering at U.C. volvement, Peter has compiled an equally im- no right of appeal, sometimes not even an in- Berkeley. Chancellor Tien, was born in pressive record. He is an active trustee of the kling what has gone wrong. Vast discre- Wuhan, China and received his Bachelor's de- Long Island Jewish Medical Center, has tionary power has been put in the hands of individual border agents, and they take that gree from the National Taiwan University. He chaired the golf tournaments of the March of power very seriously. first came to Berkeley in 1959 after completing Dimes, the Coalition on Child Abuse and Ne- Closer to home, though, what is proving in- his master's degree studies at the University glect, and the Tilles Center's Swing for Kids tolerable in state after state is the relentless of Louisville in 1957. He then earned a second Program. In addition, he serves as a trustee of cutoff of such things as Medicaid and food October 28, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2099 stamps to deserving legal immigrants, such from Medicare managed care plan payments CONGRATULATING MAACO ON ITS as the elderly and disabled. A dozen states and directly pays them to the institutions 25TH ANNIVERSARY are dipping into their own treasuries to sup- that deliver this vital care in communities. ply food stamps. Sixteen do the same to sup- ‘‘This bill gives credit where it’s due,’’ said port Medicaid services. Eighteen use state Rick Pollack, AHA’s executive vice presi- HON. JAMES M. TALENT money for cash grants for those who des- dent. ‘‘Nearly 1,900 hospitals care for large OF MISSOURI perately need it. Massachusetts is included numbers of the poor and are due these pay- IN THE HOUSE OF REPRESENTATIVES in each of those categories. ments. This bill gives many hospitals the fi- Tuesday, October 28, 1997 Perhaps this is fine with members of Con- nancial underpinnings necessary to continue gress who would wash federal hands of any providing such quality health care. It’s an Mr. TALENT. Mr. Speaker, I rise today to such responsibility, and who view legal im- important step to ensure access to care for congratulate MAACO on the occasion of its migrants as burdens at best. the poor.’’ 25th anniversary. But immigration policy is a function of the A similar approach was included in the re- federal government, not of the 50 individual In 1972, Anthony A. Martino, the man who cent budget bill. Under the budget deal, Med- states. had founded AAMCO Transmissions in the What’s happening now is that the states’ icare payments to cover the costs of teach- mid-1950's, decided to create another fran- where the human trauma of cutbacks is the ing our nation’s physicians are passed di- chise system for quality production auto paint- worst have felt compelled to act on their rectly to the hospitals that incur these ex- ing and body repair. He opened a pilot center own and at their own expense to repair the penses, and not folded into Medicare payments to managed care plans. The AHA in Wilmington, DE, and despite critics who damage caused by those federal cutbacks. proclaimed ``you could never franchise paint It is petty and small-minded of Congress, strongly supported that measure. An AHA- the president and the federal government to supported proposal, similar to the Rangel and collision repair,'' today, on the 25th anni- allow this to continue. Using legal immi- bill, was discussed during the budget debate, versary of MAACO Auto Painting and grants as an ideological punching bag is a but ultimately not enacted. Bodyworks, there are 500 MAACO franchise political gimmick unworthy of the United ‘‘We look forward to quick passage of this centers in 48 of the United States, and in Can- States—but not evidently, of many members important legislation,’’ said Pollack. In ad- ada, Mexico, and Puerto Rico. of Congress. dition, Pollack noted that AHA will continue Next week, MAACO will celebrate the cul- to seek repeal of the guaranteed 2 percent in- f mination of its 25 years in business at the crease in Medicare managed care payments Hotel Del Coronado in San Diego, CA, and at to help smooth out the still considerable var- SUPPORT GROWS FOR CARVE-OUT the same time, observe that in this its 25th OF DISPROPORTIONATE SHARE iation in payment rates across the country. The AHA is a not-for-profit association of year, MAACO has also achieved the painting COSTS FROM PAYMENTS TO and repair of its 10 millionth vehicle, while H.M.O.’s MEMBERS INVITED TO health care provider organizations that are committed to health improvement of their opening its 500th center in North America. COSPONSOR H.R. 2701 communities. The AHA is the national advo- Tony Martino, founder and still CEO of the cate for its members, which includes 5,000 chain today, has always believed that with a HON. CHARLES B. RANGEL hospitals, health care systems, networks, strong operating manual and a strong system, OF NEW YORK and other providers of care. Founded in 1898, and, in the case of MAACO, by offering the AHA provides education for health care lead- IN THE HOUSE OF REPRESENTATIVES public a quality paint and body repair service ers and is a source of information on health at reasonable prices, you can be successful. Tuesday, October 28, 1997 care issues and trends. For more information visit the AHA, web site at www.aha.org. Since 1972, MAACO has built a $335 mil- Mr. RANGEL. Mr. Speaker, on Wednesday, lion franchise system and has made hundreds October 22, five of us introduced H.R. 2701, of men and women successful owners of a f a bill to ``carve out'' disproportionate share small business that has become part of the hospital [DSH] payments from the amount economic engine of America. As MAACO ob- Medicare pays managed care organizations, ‘‘BEAR’’ MILLS—STRIVING FOR EXCELLENCE serves its 25th anniversary, it has proven that and provide it directly to the DSH hospital MAACO is more than a business to its hun- when an MCO patient uses that DSH hospital. dreds of independent MAACO operators. Today, I am adding Representatives MAT- HON. LARRY COMBEST f SUI, COYNE, and MCDERMOTT to the list of cosponsors. OF TEXAS HONORING DR. GORDON P. EATON To help explain the purpose of the legisla- IN THE HOUSE OF REPRESENTATIVES tion, I would like to include in the RECORD Tuesday, October 28, 1997 HON. THOMAS M. DAVIS below a press release from the American Hos- OF VIRGINIA pital Association in support of this legislation Mr. COMBEST. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES ``which helps hospitals caring for large num- commend Mr. `Bear'' Mills from Midland, TX bers of poor Americans.'' for recently receiving the 1997 Texas Elemen- Tuesday, October 28, 1997 I want to thank the Greater New York Hos- tary School Teacher of the Year Award. Mr. DAVIS of Virginia. Mr. Speaker, it gives pital Association, the American Hospital Asso- Mr. Mills was an award winning columnist me great pleasure to rise today and pay trib- ciation, and the Healthcare Association of New and radio commentator in Texas and overseas ute to Dr. Gordon Eaton, who is an outstand- York State for their early support. for 10 years before going back to school to ing member of the Northern Virginia commu- AHA APPLAUDS BILL WHICH HELPS HOSPITALS obtain his teaching certificate in 1994. After nity. Gordon is retiring as the Director of the CARING FOR LARGE NUMBERS OF POOR several years of working with educators, in- U.S. Geological Survey (USGS) which is an AMERICANS cluding his wife Caryl, Mr. Mills decided edu- agency under the jurisdiction of the U.S. De- WASHINGTON (October 22, 1997)—The Amer- cation was right for him. Four years later Mr. partment of Interior. ican Hospital Association (AHA) added its Mills is the 1997 Texas Elementary School The mission of USGS is to gather informa- strong support to legislation introduced Teacher of the Year. tion for every State in order to minimize the today by Rep. Charles Rangel (NY) to ensure loss of life and property from natural disasters; that Medicare payments meant to help hos- Mr. Mills teaching philosophy is simply. `Ìf I'm not striving for excellence every single day to maintain water, biological, energy and min- pitals caring for large numbers of low-in- eral resources; to enhance and protect the come Americans actually reach those insti- as a teacher, then what right do I have to ex- tutions. Other original co-sponsors included pect excellence of my students? '' he says. quality of life; and to contribute to sound economic and physical development. It is the Na- Rep. Pete Stark (CA), Rep. Benjamin L. Being an expert in your field and a strong Cardin (MD), Rep. John Lewis (GA) and Rep. tion's largest natural resources science and ci- Xavier Becerra (CA). figure in the classroom are two things Mr. Mills vilian mapping agency. In that role, USGS Within the Medicare program, hospitals believes creates a good teacher. must work in cooperation with nearly 2,000 or- that provide care to a large number of low- Mr. Mills is dedicated to strengthening the ganizations across the country to provide reli- income Americans receive special payments commitment to basic academics as well as able, impartial information needed by resource to help serve these patients. Currently, these educating our children in safe and nurturing managers and planners. Guiding an agency hospital payments are included in the rates environments. Medicare pays managed care plans. Typi- with such an important and diverse mission is cally, these payments are not passed along I think as both parties discuss how best to a difficult task requiring an individual that is by plans to hospitals that provide the care. improve our education system we should learn both management-oriented, and has an under- The Rangel bill separates those payments from Mr. Mills' example. standing of several different scientific fields. E2100 CONGRESSIONAL RECORD — Extensions of Remarks October 28, 1997 Gordon is a man with these skills and many Although this devastating disease is not in- fore the merits of their case are even heard. more as evidenced by his tenure at the fectious, rare, or cancerous and it ranges from That's 10 years of fighting just to have your USGS. mild to life-threatening, the reality is that thou- fifth amendment claim heard in Federal court. Dr. Eaton is the 12th director in the 118- sands of Americans die with lupus each year. That is 10 years of financial burden and stress year history of the USGS. He has headed the Moreover, while many other chronic diseases for the private property owner in Montana. agency for the past 3 years and has guided make the headlines, lupus affects more indi- Let me give you a specific example from my USGS through one of its most tumultuous pe- viduals than AIDS, cerebral palsy, multiple home State of Montana. There was a plan to riods. Dr. Eaton has led the bureau during a sclerosis, sickle-cell anemia, and cystic fibro- develop a condominium project over a 4 acre time of Government downsizing and has suc- sis combined. area. The aim of this project was to provide ceeded in redefining the mission of USGS so Even though the outlook for lupus patients affordable housing for the community, with it may continue as a preeminent science bu- has greatly improved, there is still a need for plans to develop 34 units at about the average reau into the 21st century. When he came to increased research. Therefore, I am proud to cost of $85,000 per unit. the USGS, it was facing criticism that it had be a cosponsor of CARRIE MEEK's bill, H.R. That sounds quite simple and certainly ben- outlived its mission as a Government agency 1111, legislation which will increase research eficial, but with the current process this was and no longer provided valuable scientific in- funded through the National Institutes of not the case. To go through the approval proc- formation. Dr. Eaton was able to expand the Health from $33 million last year to $50 million ess, the project was zoned residential, went public's knowledge of the many contributions for the next fiscal year and would make an ad- through a planned unit development hearing, the USGS makes as well as make the serv- ditional $50 million available to State and local numerous reviews, a redrawing of the plans ices of the bureau more accessible to the pub- governments, as well as nonprofit organiza- approximately five times, and an extensive lic. Gordon was able to communicate the need tions, to assist with providing essential serv- hearing process, all before the city commis- for change to employees who felt threatened ices to low-income individuals with lupus. sion granted a final approval. This took ap- by and out-of-touch with their constituency. While improvements in medication can allow proximately 11¤2 years. Dr. Eaton helped the employees of USGS to those afflicted to look forward to a normal life However, the city commission approved the rethink their position and helped the many dif- span, there is still much work to be done in project with only 24 units. This completely ferent branches of the bureau to better coordi- education and research. It is my hope that this changed the concept of the project, and nate their services. He made it a grassroots legislation will hasten the day when lupus is proved quite burdensome. After a year and a effort at the USGS as he tried to make sure nothing more than a bad memory. half of extensive hearings, what recourse did everyone felt included in the changes at the I implore my colleagues to take an active the project directors face? They could appeal, agency. Dr. Eaton solicited the opinions of role during Lupus Awareness Month and sign not to a court, but to the city commission who employees at every level in deciding how the onto H.R. 1111, which 84 of my colleagues had granted this arbitrary number of 24 units agency could most effectively adapt to a new have already cosponsored, so that those 2 or once again begin a costly and untimely remission. Dr. Eaton's leadership skill and will- million Americans afflicted with lupus will have view process. ingness to face down any challenge will cer- a fighting chance of battling this harmful and Without access to a court, the project man- tainly be missed by the many employees at ravaging disease. agers had little choice but to proceed with the USGS who enjoyed his open-door manage- f city commission's inflexible recommendation of ment style. 24 condominiums. This, of course, had dra- Mr. Speaker, I know my colleagues join me PRIVATE PROPERTY RIGHTS matic consequences. in honoring and thanking Gordon Eaton for his IMPLEMENTATION ACT OF 1997 What was supposed to be affordable hous- achievements in guiding the U.S. Geological ing units at $85,000 per unit, ended up costing Survey into the next century. We appreciate SPEECH OF $135,000 per unit. Due to structural modifica- all of his hard work and devotion in making HON. RICK HILL tions forced by the commission's approval, this the USGS an efficiently run agency that is OF MONTANA excessive cost undermined the intent of pro- able to provide the highest level of service to IN THE HOUSE OF REPRESENTATIVES viding affordable housing. the American public. Wednesday, October 22, 1997 Furthermore, imagine if this were the case f for first amendment rights protecting freedom The House in Committee of the Whole of religion, or fourth amendment rights protect- LUPUS, A HARMFUL AND House on the State of the Union had under ing against illegal search and seizure. I won- RAVAGING DISEASE consideration the bill (H.R. 1534) to simplify der whether those arguing against H.R. 1534 and expedite access to the Federal courts for would feel so passionate about protecting the HON. ILEANA ROS-LEHTINEN injured parties whose rights and privileges, secured by the U.S. Constitution, have been status quo. All Montanans including Montana OF FLORIDA deprived by final actions of Federal agencies, property owners, deserve equal protection IN THE HOUSE OF REPRESENTATIVES or other Government officials or entities act- under the Constitution and an equal ability to Tuesday, October 28, 1997 ing under color of State law; to prevent Fed- defend their constitutional rights in Federal Ms. ROS-LEHTINEN. Mr. Speaker, recently, eral courts from abstaining from exercising court. Federal jurisdiction in actions where no Congresswoman CARRIE MEEK and I hosted a The House spoke on behalf of guaranteeing State law claim is alleged; to permit certifi- equal protection when it passed this much- forum at Jackson Memorial Hospital to talk cation of unsettled State law questions that about a disease, lupus, that burdens the lives needed legislation. I look forward to working are essential to resolving Federal claims with my colleagues further in the hope that the of almost 2 million Americans, striking 1 out of arising under the Constitution; and to clar- every 185 Americans. Moreover, although this ify when Government action is sufficiently Senate will take up this measure. disease can affect individuals at any age, and final to ripen certain Federal claims arising f under the Constitution: in either sex, 90 percent of those who suffer TRIBUTE TO W. PETER MCBRIDE from this ravaging disease are women. Mr. HILL. Mr. Chairman, I rise as a cospon- Lupus is not an equal opportunity illness. It sor of H.R. 1534, the Private Property Rights HON. BILL PASCRELL, JR. not only targets women, but African-American Implementation Act. I proudly voted for this bill OF NEW JERSEY and Hispanic women face an increased when it passed the full House on October 23, IN THE HOUSE OF REPRESENTATIVES threatÐas many as three times over. 1997. Lupus, whose name comes from the facial The fifth amendment in the Bill of Rights Tuesday, October 28, 1997 rash it produces, is an autoimmune disease, guarantees the protection of individuals Mr. PASCRELL. Mr. Speaker, I would like to where instead of protecting itself against vi- against the power of all levels of government. call to your attention W. Peter McBride of ruses, bacteria, and other foreign materials, According to recent studies, between 80 and Franklin Lakes, NJ who is being honored this the body makes antibodies against itself. It is 95 percent of all individuals trying to defend evening as the ``1997 Man of the Year'' by the in a class of illnesses that includes forms of their fifth amendment rights in Federal court Boys and Girls Club of Paterson. This award diabetes, arthritis and, according to recent re- never get a hearing on the facts of their case. is presented to Peter in recognition of his out- search, many also include a number of condi- They get lost in a bureaucratic maze of admin- standing leadership activities throughout the tions such as Parkinsons. All of these ill- istrative and judicial hurdles that waste time north Jersey area, and his many philanthropic nesses occur when the immune system ends and money. activities in the Greater Paterson community. up attacking the very body it is supposed to Of those 5 to 20 percent who break through Peter was born and lived his early childhood defend. that maze, it takes an average of 10 years be- in Paterson. He attended primary school in October 28, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2101 Ridgewood and high school at the Delbarton WORLD POPULATION AWARENESS injuries from sharp products each year. Ac- School in Morristown. Peter went to Maryknoll WEEK cording to the Center for Disease Control and College, a liberal arts college and seminary in Prevention [CDC] there have been at least 52 Glen Ellen, IL. During college, Peter spent his HON. BENJAMIN A. GILMAN actual and 111 possible documented cases of summers doing community development work OF NEW YORK HIV seroconversions among U.S. health care in Chicago and Mexico. He graduated in 1967 IN THE HOUSE OF REPRESENTATIVES workers resulting from occupational exposures since 1994. Needlestick injuries caused by and opted to continue his education by enroll- Tuesday, October 28, 1997 ing in Seton Hall's graduate school of busi- hollow-bore needles accounted for 86 percent ness. Mr. GILMAN. Mr. Speaker, this week is of all reported occupational HIV exposures. Of World Population Awareness Week. It calls at- the needles involved in the reported injuries, 2 The Vietnam war interrupted Peter's edu- tention to the growing population of mankind percent or roughly 16,000 are likely to be con- cation and he enlisted in the U.S. Army, re- and the pressures it puts on the planet. At the taminated by the HIV virus. ceiving a commission as second lieutenant. current rate, the world's population will double Imagine what someone must go through After his tour of duty, Peter entered the family from 5.8 to 11 billion people during our life- when accidentally pricked with a used needle business and has been active, first with his fa- time. Excluding China, 21 million women of device. Tests must be conducted to deter- ther Nevins and more recently his brother childbearing age in the developing world are mined if the blood on the device contained an David, leading McBride Enterprises as it de- added each yearÐequal to the total number of infectious agent. If so, the health care worker veloped into one of New Jersey's premier real women of childbearing age in California, must undergo tests to see if they have been estate development companies. Texas, New York, and Florida combined. infected. If the blood contained the HIV virus, McBride Enterprises has built a number of Population Awareness Week calls attention one could not be sure for up to 1 year whether industrial and office parks, including those in to our voluntary family planning program. an infection occurred. Fair Lawn, Glen Rock, Wayne, Totowa, Oak- President Nixon launched the U.S. inter- While you can't put a dollar figure on the land and Mahwah. Fair Lawn Industrial Park, national family planning program in 1969. The psychological toll of a needlestick, if only one program improves the health of mothers and the first project, became a model for the employee becomes HIV positive, the direct their children by increasing the time between cost to treat a needlestick injury can average planned industrial park development. In addi- births while reducing unintended pregnancies $2,809 even if there is no infection. If an infection to leading McBride Enterprises, Peter is and abortions. After 30 years, the program tion occurs, direct and indirect costs can total also president of Urban Farms, Inc., a residen- helped reduce the average number of children more than $500,000. tial development company which has devel- in the developing world from six to four. Mod- The Health Care Worker Protection Act of oped over 2,500 acres in Franklin Lakes and ern contraceptive use climbed from 10 to 35 1997 requires hospitals and hospital-owned fa- Wayne. percent. As contraceptive use in countries cilities to use safe and approved hollow-bore The McBride family roots are in Paterson, such as Russia rose from 19 to 24 percent, needle devices as a condition of participation established by patriarch John McBride who abortion rates fell from 109 per 1,000 women in the Medicare Program. Hospitals would be emigrated from Ireland in 1863. Peter's grand- to 76. It is clear that family planning reduces required to use safe needle devices as ap- father, Frank A. McBride, founded a plumbing unintended pregnancies and abortions in proved by the FDA in consultation with an ad- company in 1898, which, under the leadership many countries. In sum, the Population Coun- visory committee comprised of representatives of his sons Frank, Nevins, and Joseph, grew cil estimates that without family planning pro- from consumer groups, frontline health care to become the F.A. McBride Co., Mechanical grams, there would have been 500 million workers, industry representatives, and tech- Contractors. more people in the world todayÐalmost twice nical experts. To enhance compliance, the population of the United States. $5,000,000 would be provided for education The McBride family has continued to main- The single greatest way to reduce infant and training in the use of safety devices. tain an interest in their ancestors' adopted mortality is to increase the time between preg- Support for this bill has come from all quar- home of Paterson and Passaic County. Sev- nancies. Family planning also helps to reduce ters: the American Nurses Association, the eral family members have been board mem- abortion. Family planning saves lives and cre- American Association of Occupational Health bers and volunteers at St. Joseph's Hospital, ates greater opportunities for the health, edu- Nurses, the Service Employee International and Peter currently sits on the Board of the cation, and economic future of children. Union, American Federation of Teachers, Hospital Foundation. Peter is past president I want to commend the leaders behind Lynda Arnold's National Campaign for and a board member of the Passaic Valley World Population Awareness Week, especially Healthcare Worker Safety, Association of Op- Council of the Boy Scouts of America. He has Werner Fornos of the Population Institute. The erating Room Nurses, American Association of been one of the organizers of the scouts' an- institute is one of the leading forces in bringing Critical-Care Nurses, many product research- nual sports celebrity dinner, which for 15 years the attention of the Congress to key issues of ers and manufacturers, and most importantly, has been the major fundraising activity of the population, family planning, and the environ- health care workers. Supporters of the bill council. ment. share the opinion that this legislation will pro- Peter is also cochairman of the Annual J. f vide important protections for health care Nevins McBride Golf Outing for Scouting workers in the workplace. FRONT-LINE HEALTH CARE WORK- Better information and better devices are which benefits the youth of Passaic County. ERS SHOULDN’T HAVE TO RISK the key to reducing injuries from needlesticks. His involvement with scouting extends to his THEIR LIVES TO SAVE LIVES Hospitals must be encouraged to substitute family, where his son is a boy scout with existing needlestick products with products Troop 34 in Franklin Lakes. Peter also serves HON. FORTNEY PETE STARK proven to be safe. Nurses, doctors, and other on the Ramapo College Board of Trustees, OF CALIFORNIA frontline health workers care each day for Most Blessed Sacrament Parish Council, the IN THE HOUSE OF REPRESENTATIVES those individuals we love. They shouldn't have Archdiocese of Newark Finance Council and Tuesday, October 28, 1997 to risk their lives to save lives. I urge my col- the Board of Directors of Hudson United Bank. leagues to support this bill. Peter lives in Franklin Lakes with his wife, Mr. STARK. Mr. Speaker, along with over f Pam, and children Meredith, Peter, and Annie. 20 original cosponsors, I am introducing the CONGRATULATING ST. JOSEPH’S Pam is the volunteer architect for ``Woman Health Care Worker Protection Act of 1997. This bill is designed to reduce the risk of WIC PROGRAM Raise the Roof,'' a Habitat for Humanity health care workers from accidental Project in Paterson. Pam and Peter are also needlesticks. The legislation would ensure that mentors for Operation Link-Up at Kennedy HON. MARGE ROUKEMA the necessary toolsÐbetter information and High School. OF NEW JERSEY better medical devicesÐare made available to IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask that you join me, our col- our frontline health care workers in order to re- leagues, Peter's family and friends, and the duce the injury and death which may result Tuesday, October 28, 1997 people of north Jersey in recognizing W. Peter from accidental needlesticks each year. Mrs. ROUKEMA. Mr. Speaker, I rise to con- McBride's many outstanding and invaluable Although needlestick injuries are considered gratulate St. Joseph's Hospital and Medical contributions to the community and to the to be widely under reported, health care work- Center in Paterson, NJ, on its excellent sys- Boys and Girls Club of Paterson. ers report more than 800,000 needlesticks and tem of WIC clinics and the work the clinics E2102 CONGRESSIONAL RECORD — Extensions of Remarks October 28, 1997 have done on behalf of women and children in grams such as dental hygiene, child safety, CONGRATULATIONS TO THE my State. and parenting. The clinic is also a training site FLORIDA MARLINS WIC is a proven program that efficiently, ef- for student nutritionists from Montclair State fectively, and humanely helps children and University and other colleges. HON. PETER DEUTSCH families by providing food for pregnant Nationwide, more than 7 million women, in- OF FLORIDA women, breast-feeding women, and young fants, and children depend on WIC for nutri- IN THE HOUSE OF REPRESENTATIVES children. Participants meet with a professional tion assistance. St. Joseph's is one of the Tuesday, October 28, 1997 nutritionist who assess their nutrition needs, most outstanding centers in that national net- then issues coupons that may be redeemed at work. This is one of the most efficient and ef- Mr. DEUTSCH. Mr. Speaker, I rise today to local supermarkets for products such as milk, fective programs our Government has to offer. congratulate the Florida Marlins for having infant formula, baby food, cereal, and other And it is the type of program the government won the 1997 World Series Championship. nutritious food. Unlike food stamps, the cou- should offerÐreal help with real problems for Created by Wayne Huizenga, administered by pons can be used only for specific productsÐ people unable to help themselves. Never let Don Smiley, built by Dave Dombrowski, and a coupon for a gallon of milk cannot be used us take the food out of the mouths of babies. managed by Jim Leyland, this young team to purchase snack food or candy, for example. achieved the top honor, to which 28 teams as- The GAO says that for every $1 spent on f pire, in just 5 years. By reaching the World WIC, America realizes $3.50 in savings on Series in record time, the Florida Marlins is health care costs during the most important TRIBUTE TO JOHN J. GRADY the youngest franchise ever to win the World formative years of childhood. WIC means Series and has thus assured itself a place in healthy mothers and healthy babies. In this, HON. CONSTANCE A. MORELLA history. the most technologically advanced nation in OF MARYLAND Before this reason, the Florida Marlins had the world, we cannot allow children to go to never been in the play-offs. Throughout the IN THE HOUSE OF REPRESENTATIVES bed hungry. 1997 division series, however, they never In addition, WIC is a major Federal program Tuesday, October 28, 1997 trailed in games won. They initiated their quest that has endured none of the scandals that Mrs. MORELLA. Mr. Speaker, I rise today to by overpowering the San Francisco Giants have plagued so many programs. It is most ef- honor the memory of John J. Grady, a con- and then went on to win the National League ficiently run. Yet this program has come under stituent, a community leader, and a good Championship Series by upsetting the Atlanta the threat of cuts repeatedly in recent years. friend who passed away this month. Braves. Then, in a dramatic, extra-inning, sev- I have had to fight to eliminate a cap on the Jack Grady, born in Springfield, IL, came to enth game, they defeated the Cleveland Indi- number of participants and to restore cut fund- Washington to attend Catholic University. Al- ans to become the 1997 World Series cham- ing in the last two Congresses. Further attacks though he returned to Illinois briefly, he called pions. Within 5 years, the Florida Marlins at- on this program will not be left unanswered. Montgomery County home for most of his life, tained a monumental goal that has historically Cutting WIC is literally a matter of taking food and with his wife Patricia, raised his wonderful taken championship teams decades to accom- out of the mouths of babies. family here. He had a distinguished career in plish. I had the pleasure of visiting St. Joseph's government and business, and he contributed The 25 players who achieved this feat are: recently to meet with both professional provid- to the community life of the entire Washington Kurt Abbott, Moises Alou, Antonio Alfonseca, ers of services and the women who benefit metropolitan area. Alex Arias, Bobby Bonilla, Kevin Brown, John from the program. It is clearly one of the best- A former FBI agent, Jack also worked for Cangelosi, Jeff Conine, Dennis Cook, Craig run WIC clinics in existence and participants the Foreign Operations Administration, first as Counsell, Darren Daulton, Jim Eisenreich, truly appreciate the assistance they receive. It the inspections division director and then in re- Alex Fernandez, Cliff Floyd, Felix Heredia, shows that WIC funding is, in fact, well spent. Livan Hernandez, Charles Johnson, Al Leiter, Founded in 1978, St. Joseph's is the largest cruitment. He later became deputy to the As- sistant Air Force Secretary and then deputy di- and Greg Zaun. WIC program in the State. With 19,000 clients The Marlins' victory was a victory for all Flo- per month, it serves residents of Bergen, Mor- rector of the International Cooperation Admin- istration. ridians. In a community as diverse as ours, ris, and Passaic counties at 23 facilities across people from different backgrounds have united Jack was twice the recipient of the Air Force the tricounty area. Sites include hospitals, in their admiration and pride for our baseball Exceptional Civilian Service Award and was Health Department offices, community centers, team. I applaud the athletic prowess of these presented the prestigious Arthur S. Flemming Head Start programs and other social service men and commend the dedicated efforts of Award, given to the top 10 government work- agenciesÐlocations where low-income moth- their coaches and manager. I know that the ers under the age of 40. After leaving govern- ers are present and able to learn of the serv- Florida Marlins will continue to give Floridians ment service, he served as vice president of ices offered by the program. One clinic is lo- as a spirit of unity and strength in years to Carl M. Freeman Associates and head of its cated in a Paterson storefront and another is come and look forward to another champion- management company. In 1965, he founded a mobile WIC on Wheels to enhance out- ship season in 1998. Grady Management Inc., a firm that today em- reach. f In addition to its wide variety of locations, ploys 400 people and manages 12,000 apart- St. Joseph's takes other steps to make WIC ments, as well as commercial buildings, in the TRIBUTE TO BECK MEMORIAL services accessible. The main office in Washington-Baltimore area. PRESBYTERIAN CHURCH ON ITS Paterson is open three evenings a week and Jack also served with dedication on the 183d ANNIVERSARY the storefront office in Paterson is open Satur- boards of the Apartment Home Council, the days. If funding becomes available, extended Apartment Owners and Builders Association, HON. JOSE´ E. SERRANO and the Century National Bank. A member of hours may be offered at other locations as OF NEW YORK the John Carroll Society and the Knights of well. The staff reflects the cultural and ethnic IN THE HOUSE OF REPRESENTATIVES mix of the programs participants, including Malta, Jack also contributed his many talents Tuesday, October 28, 1997 speakers of Spanish, French, Italian, and Ara- and gifts to the board of trustees of Holy bic. Outreach programs are conducted with Cross Hospital in Silver Spring. Mr. SERRANO. Mr. Speaker, I rise to pay Hispanic and African-American grassroots or- Above all, Jack was devoted to his friends tribute to Beck Memorial Presbyterian Church, ganizations and an Arab community liaison. and especially his family. My husband and I a South Bronx landmark that on October 26, the clinic also promotes breast-feeding with have precious memories of celebrating Pat 1997, celebrated its 183d anniversary in a a lactation consultant and two lactation peer and Jack's 50th wedding anniversary 4 years worship service. The theme for the service counselors who visit new mothers in hospitals ago. The outpouring of love was moving and was ``Standing on the Promises.'' and follow up with telephone calls and home inspiring. Jack will ``live on in love.'' Beck Memorial Presbyterian Church was visits as necessary. Breast pumps and other I offer condolences to his wife Pat, sons founded in August 31, 1814 as West Farms supplies are offered at no cost. Kevin and John III, and his daughters Cheryl Presbyterian Church, in the West Farms The clinic provides a wide variety of other and Jan. School House on the west side of Boston services, including immunization registry and Mr. Speaker, I honor the memory of John J. Road. The present church, directly opposite referral; referrals to other health and social Grady, a man who touched the lives of many the original building, was constructed with a services agencies such as substance abuse people and a man who will be greatly missed legacy from Charles B. Beck and dedicated on and food pantries; and special education pro- by all who knew him. October 29, 1905. Beck has seen the South October 28, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2103 Bronx community through times both of glory Ensures coverage for inpatient hospital care In addition to the 3 Palestinian bombers, 4 and of decline. Happily, this venerable institu- for women following a mastectomy, innocent people died, more than 170 were in- tion survives not only to see the renaissance lumpectomy, or lymph node dissection for a jured. Three weeks prior, two Hamas mem- of the Bronx, but to contribute to it. period determined by the physician and pa- bers walked into an open-air market in Jerusa- Mr. Speaker, I ask my colleagues to join me tient; lem, blew themselves up and killed 15 civil- in extending best wishes to the Rev. Victor Allows for coverage of second opinions for ians. The total number of Israelis killed since Aloyo, moderator of the Presbytery of New all cancer diagnosis for men and women, the signing of the Oslo peace agreement in York and pastor of the Presbyterian Church of whether negative or positive; 1993 now exceeds 250. the Redeemer, and to the congregation and Requires coverage of reconstructive surgery While some may speculate on motives, I administration of Beck Memorial Presbyterian for breast cancer patientsÐincluding symmet- have come to my own conclusion: Suicide Church on the occasion of this momentous rical reconstruction; and bombings on civilian targets are not meant to celebration. Protects physicians from retribution for rec- fulfill some thoughtful act of persuasion. They f ommending longer stays. are designed to kill peopleÐperiod. One breast cancer survivor wrote the follow- My mission in Israel was sponsored by the BREAST CANCER AWARENESS ing about the Women's Health and Cancer United StatesÐbased non-profit American Is- MONTH Rights Act; `Ìt would be a wonderful feeling rael Education Foundation. Five other Mem- knowing that until there is a cure for this hor- bers of Congress made up our party. Our SPEECH OF rible disease women would at least be able to meetings with various Israeli and Palestinian HON. SUE W. KELLY face breast cancer with dignity and peace of leaders and officers, and United States Em- OF NEW YORK mind knowing that their health care plan would bassy officials, persuaded me that the Hamas stand with them and not against them.'' IN THE HOUSE OF REPRESENTATIVES terrorists didn't act alone. The experiences of the thousands of breast The suicide bombers relied upon consider- Wednesday, October 22, 1997 cancer survivors have made me realize that able help to plan, fund, and execute their ter- Mrs. KELLY. Mr. Speaker, I rise today to we should have no greater priority than em- ror. The bombings could have and should commemorate Breast Cancer Awareness powering those with breast cancer the right have been prevented. Month and to honor those women who are and ability to play an active role in the man- My colleagues and I, who studied Israel to- forced to live with this disease and to their agement of their treatment. It is our obligation gether fired off a terse letter to Palestinian families who support them during their time of as leaders to ensure them that their medical Chairman Yassir Arafat on September 8. `Às need. treatment is in the hands of physicians, not in- members of the United States Congress who While we stand here and recognize October surance companies. It is a profound injustice have supported our country's efforts to bring as Breast Cancer Awareness Month, I realize when health care forgets about the patient, yet about peace in the Middle East, we are writing that in many families every month is Breast with regard to mastectomy recovery and to express our collective outrage not only at Cancer Awareness Month. breast construction following a mastectomy, the latest terrorist attack in Jerusalem, but at Sometimes because a mother is fighting the that is just what has been done. the indifference you continue to demonstrate disease; Let's put the reality of this disease in per- at the brutal murder of innocent Israeli citi- Sometimes because an aunt is in remission spective. When a woman is told that she has zens,'' the letter read. from the disease; breast cancer, the feeling that immediately fol- We supported our belief that Arafat had Sometimes because a grandmother lost her lows the initial denial is lack of control. My bill failed to fulfill the most fundamental commit- life to breast cancer; is a patient's bill aimed at providing patients, ments he had made to the peace agreements Or in my case, because my sister is fighting in consultation with their physicians, a greater at Oslo. Because of that failure to take deci- this silent predator. degree of autonomy when deciding appro- sive actions against terrorism, the peace proc- As if it is not enough that today over 2.5 mil- priate medical care and, therefore, taking back ess is now on the verge of collapse. This is lion women in America are living with breast control of their lives. certainly not in the best interest of his own cancer, we read story after story about the ad- Some people call the Women's Health and people. ditional hardships these women are made to Cancer Rights Act a mandate. How is this a Clearly, the peace process is seriously set endure. mandate when I only ask that patients get back, perhaps mortally. By ending security co- Some women are forced out of a hospital what they pay forÐhealth insurance. If health operation with Israel and by resorting to in- 12 hours after a radical mastectomy with insurance can abandon you, ignore you, or flammatory rhetoric, Yasser Arafat has left tubes left in their back and no one to assist even kill you, it isn't insurance. himself with only one option at this point: them; Now, to be clear, all insurance companies Comply with every term in the agreements he Some women are denied reconstructive sur- are not so insensitive as to not provide these has made. gery following a mastectomy and are told that basic benefits and, therefore, all will not be af- On her recent visit to the Middle East, Sec- it is deemed cosmeticÐan excuse that mas- fected by this legislation. But we have a re- retary of State Madeline Albright failed to querades the truth that denying coverage is sponsibility to protect the doctor/patient rela- press this point to a sufficient degree. There merely a cost-savings measure; tionship, ensuring that the medical needs of are plenty of issues upon which to measure Some women who have already lost several patients are fully addressed. the merit of further attempts to maintain Oslo, family members to breast cancer fear they will The Women's Health and Cancer Rights Act but the fact remains, that the PLO charter still lose their job or health insurance if they de- should be the top social issue for the 105th calls for the destruction of Israel. Senior Pal- cide to be genetically tested in an attempt to Congress. I ask my colleagues to join me in estinian Negotiator, Dr. Saeeb Erekat looked save themselves; making that a reality. me right in the eyes and assured me the per- Lastly, my heart goes out to the women Some women are denied access to the full nicious clause would be removed by now. menu of medical options of breast cancer struggling with this disease, for whom we hold If the United States is to ever expect the treatment because their physician has been this special order tonight. successful resumption of peace negotiations, it gagged by the health plan for which he works; f must demand specific responses from Arafat. Some women are diagnosed with an ad- BETWEEN PEACE AND TERROR The Palestinian Covenant must be amended, vanced stage of breast cancer because of a and the inflammatory rhetoric must end. Full prior false negative test result and no insur- HON. BOB SCHAFFER security cooperation must be restored includ- ance coverage for a second opinion. OF COLORADO ing the transfer to Israel of jailed terrorists ac- These are real stories of real women who IN THE HOUSE OF REPRESENTATIVES cused of murdering Israelis and dramatic re- not only had to fight breast cancer, but then duction of the Palestinian police force in ac- had to fight a health care plan which practiced Tuesday, October 28, 1997 cordance with the 1995 Oslo II agreement. bottom-line medicine instead of patient-first Mr. BOB SCHAFFER of Colorado. Mr. Moreover, the Palestinian Authority must medicine. Speaker, I rise today to speak about terrorism. take concrete steps to arrest and punish ter- Breast cancer survivors must be treated The suicide bombings at the pedestrian mall rorists, confiscate their weapons and crush the with compassion and dignity, not as an ac- on Ben Yehuda Street in Jerusalem captivated underground network of support which makes counting figure. This is why I introduced the my attention. Just days before the terrorist act, terrorist attacks possible. Women's Health and Cancer Rights Act of I had been there, in the exact spot of detona- Unless the United States can pressure 1997, H.R. 616. This legislation: tion. Arafat to honor the terms of past agreements, E2104 CONGRESSIONAL RECORD — Extensions of Remarks October 28, 1997 there is little cause for optimism. However, is hoped that these examples will encourage WHAT HEALTH ANTI-TRUST America must never confuse its role in the progress by the other nations of ASEAN in the POLICY? Middle East. We are not a party to the Arab- furthering of democratic principles and prac- Israeli conflict and our role is predicated on tices, respect for human rights, and the en- HON. FORTNEY PETE STARK the desire of both parties to have us work with hancement of the rule of law. OF CALIFORNIA them to secure peace. The Congress looks forward to a broaden- IN THE HOUSE OF REPRESENTATIVES As such, the United States is in a unique Tuesday, October 28, 1997 position to press for swift compliance, issue by ing and deepening of friendship and coopera- issue, and force Arafat to decide once and for tion with ASEAN in the years ahead for the Mr. STARK. Mr. Speaker, following is an all, between peace and terror. mutual benefit of the people of the United editorial from the October 13, 1997, ``Modern f States and the nations of ASEAN. Healthcare.'' I wish I'd said it first. I call upon my colleagues in the House of AS GOVERNMENT CAVES, PROVIDERS MAKE CONGRATULATING THE ASSOCIA- Representatives to support this resolution. THEIR OWN ANTITRUST POLICY TION OF SOUTH EAST ASIAN NA- When the government sets antitrust policy TIONS (ASEAN) ON THE OCCA- H. RES. 282 for a particular industry, you would hope the SION OF ITS 30TH ANNIVERSARY policy is being driven by the concerns of buy- Whereas 1997 marks the 30th anniversary of (H.R. 282) ers who are wary of the potentially anti- the Association of South East Asian Nations competitive market clout of sellers. (ASEAN); Not so in healthcare. HON. BENJAMIN A. GILMAN Whereas the emphasis of ASEAN on co- As evidenced by numerous events over the OF NEW YORK operation and the nonviolent settlement of past several years, it’s clear federal antitrust IN THE HOUSE OF REPRESENTATIVES disputes has helped to bring peace between policy as it pertains to healthcare providers is guided by providers themselves and their Tuesday, October 28, 1997 the nations of the region which for decades had been characterized by instability and well-paid lawyers and economists. In other words, the sellers are setting their Mr. GILMAN. Mr. Speaker, I am submitting conflict; own rules of competition with the full acqui- today a Resolution (H.R. 282) congratulating Whereas the economies of the member na- escence of federal lawmakers. The providers’ the Association of South East Asian Nations tions of ASEAN have experienced significant sole justification? Trust us, we know what [ASEAN] on the occasion of their 30th anni- economic growth benefiting the lives of we’re doing. We know what’s best for pa- versary. ASEAN's emphasis on cooperation many of their people; tients. In fact, the provider industry is so brazen and the nonviolent settlement of disputes has Whereas ASEAN as a group is the 4th larg- and so confident it expects special treatment fostered peace among its members in a region est trading partner of the United States and of the world which has long been wrought with under the federal antitrust laws. constitutes a larger market for United For a definition of brazen, read Mary Chris instability and conflict. It is now difficult to vis- States exports than the People’s Republic of Jaklevic’s coverage of the deal between the ualize armed strife between ASEAN nations. China, Taiwan, and Hong Kong combined; two largest hospitals in Grand Rapids, Mich., Since its inception in 1967, ASEAN has Whereas ASEAN has successfully fostered which merged despite not having final clear- grown to become an influential political and a sense of community among its member na- ance from the Federal Trade Commission, or economic grouping composed of nine member tions despite differing interests, including Charlotte Snow’s story on how the only two nations. By tempting the longstanding rivalries the establishment of the region’s only secu- acute-care hospitals in Greensboro, N.C., among its members, ASEAN helps to foster a rity forum, the Association of South East outwitted the FTC and the North Carolina stable and secure environment conducive to Asian Nations Regional Forum (ARF), and attorney general’s office to obtain their mo- nopoly (Oct. 6, pages 2 and 14, respectively). economic growth and the political develop- the Association of South East Asian Nations Free Trade Area (AFTA); The hospitals in both cases have promised to ment of Southeast Asian nations. limit price increases and pass along millions Its efforts to promote the economic, social, Whereas ASEAN has played a pivotal role of dollars in economic efficiencies to con- and cultural development of the region through in international efforts of global and re- sumers. cooperative programs; to safeguard the politi- gional concern, including securing the with- Why shouldn’t providers act with such bra- cal and economic stability of the region; and to drawal of Vietnamese forces from Cambodia vado? The government has caved in to vir- and diplomatic efforts to foster a political serve as a forum for the resolution of intra-re- tually all their demands: settlement to the civil war in Cambodia; In 1993 the FTC and the U.S. Justice De- gional differences has made ASEAN a model Whereas the United States relies on partment release the first-ever antitrust en- of regional integration. forcement guidelines for providers that cre- The United States has important strategic, ASEAN as a partner in fostering regional stability, enhancing prosperity, and promot- ated six ‘‘safety zones,’’ or categories of busi- economic, and political interests at stake in ing peace; and ness transactions that won’t be subject to Southeast Asia. Maintaining stability remains federal antitrust scrutiny. an overriding U.S. security interest in the re- Whereas the 30th anniversary of the forma- In 1994 the two agencies revised the guide- gion. Instability would not only threaten signifi- tion of ASEAN offers an opportunity for the lines and added two more safety zones. United States and the nations of ASEAN to In 1996 the agencies released more lenient cant U.S. economic interests, but could also renew their commitment to international antitrust standards for reviewing physician undermine important U.S. political relation- cooperation on issues of mutual interest and networks. ships. ASEAN's Regional Forum [ARF], the re- concern: Now, therefore, be it Federal judges have thrown out the agen- gion's only security consultative platform, is a cies’ last three antitrust lawsuits against Resolved, That the House of Representa- merging hospitals. key partner of the United States in maintaining tives— regional stability. In a time when hundreds of deals are being (1) congratulates the Association of South put together, the government has only one The ASEAN countries provide the United pending case against merging hospitals and States with significant commercial opportuni- East Asian Nations (ASEAN) and its member nations on the occasion of its 30th anniver- one against a physician network. ties. ASEAN, is the fourth largest trading part- sary; Despite all this, Sen. Orrin Hatch (R– ner of the United States and constitutes a Utah), who heads the Senate Judiciary Com- larger market for United States exports than (2) looks forward to a broadening and deep- mittee, recently said special antitrust rules ening of friendship and cooperation with the People's Republic of China, Taiwan, and for not-for-profit hospitals may be in order ASEAN in the years ahead for the benefit of after he heard testimony from hospital ex- Hong Kong combined. Despite current difficul- the people of the United States and the na- ties, projections of future ASEAN growth indi- ecutives, their lawyers and their consult- tions of ASEAN; ants. Earth to Sen. Hatch. cate that the Southeast Asian regional market (3) encourages progress by ASEAN mem- Where are the buyers in this debate? The will become even more important to United bers toward the further development of de- managed-care plans? The employers? The pa- States economic interests in the future. At the mocracy, respect for human rights, enhance- tients? Somehow, they’ve largely been left same time, U.S. policymakers hope to see ment of the rule of law, and the expansion of out of the antitrust policy reviews. At first, newly consolidated hospitals and greater trade liberalization among the nations market economies; and of ASEAN as economic ties deepen. physicians will find it easy to generate eco- (4) recognizes the past achievements of nomic efficiencies given the excess capacity The Congress rightfully has expressed its ASEAN and pledges its support to work and duplicated services in many markets. concern about the development of human closely with ASEAN as both the United Only time will tell if they pass those benefits rights and democracy for the nations of States and the nations of ASEAN face cur- along to the public or use their power to sti- ASEAN but is pleased with the flourishing of rent and future regional and global chal- fle new competition. Let’s hope somebody democracy in Thailand and the Philippines. It lenges. with influence is watching. October 28, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2105 HONORING KATHY DI FIORE since she founded the organization. The group PERSONAL EXPLANATION also offers information through a World Wide HON. MARGE ROUKEMA Web site on the Internet. HON. JIM RYUN OF NEW JERSEY None of this could be done without help, of OF KANSAS IN THE HOUSE OF REPRESENTATIVES course. Kathy is assisted by a number of car- IN THE HOUSE OF REPRESENTATIVES Tuesday, October 28, 1997 ing and dedicated volunteers, such as Donna Tuesday, October 28, 1997 Mrs. ROUKEMA. Mr. Speaker, I rise today Jacoby of Ridgewood. Others help the non- Mr. RYUN. Mr. Speaker, I was absent on to thank Kathy DiFiore, of Ramsey, NJ, for the profit, nonsectarian organization through tax- the afternoon of October 23 and October 24 to work she is doing on behalf of unwed moth- deductible private donations and offerings at attend the wedding of my oldest daughter. ers. Kathy is a dedicated and compassionate area churches. I request unanimous consent that the record reflect that had I been present I would have community leader who lends support to young Mr. Speaker, Kathy DiFiore is a deeply reli- voted ``no'' on rollcall No. 525, ``yes'' on rollcall women at a trying period in their lives. Her gious woman who has followed through on her work is well-known across our State and has No. 529 and ``no'' on rollcall No. 531. Christian convictions. She communicated fre- been supported by figures as prominent as f quently with Mother Teresa, who served as former Gov. Tom Kean and the late Mother HONORING THE RECIPIENTS OF Teresa. We need more people like Kathy her religious role model. She likes to say that THE 1997 PATHFINDER AWARDS DiFiore to help with the issue of teen preg- it's necessary to pray the work. Her efforts nancy. might be described as working the prayer. More than a decade ago, Kathy opened a We need more people of deep conviction HON. CHET EDWARDS shelter for unwed mothers in her own, six-bed- and conscience who do more than preach OF TEXAS room home. Today, she operates Several their morality and practice Christian charity in IN THE HOUSE OF REPRESENTATIVES Sources Shelters, which has five homes for its truest form. Kathy DiFiore has transformed Tuesday, October 28, 1997 unwed mothersÐtwo in Ramsey plus one her convictions into action to help these Mr. EDWARDS. Mr. Speaker, today, I rise each in Mendham, Newark, and Washington women and children who are in greatest need, to congratulate 17 women from my Texas con- Township. Kathy a former Wall Street execu- not only in daily care but also in educating and gressional district for being selected as recipi- tive, has given thousands of women the moral inspiring them to improve their lives and pro- ents of the 1997 Pathfinder Award. These and tangible support needed to bring their chil- vide a promising, hopeful future for their new- specially selected women from Waco and dren into the world. born babies. McLennan County have distinguished them- Even an effort as admirable as a shelter for selves through their unique service and con- unwed mothers does not succeed without We all wish her renewed strength and inspi- tribution to the community. overcoming obstacles. In 1984, State officials ration so that many more might find life Pathfinders is a special recognition program levied a $10,000 fine against Kathy, claiming through her dedicated and devoted ministry. that honors outstanding women in McLennan that her homeÐat that point a shelterÐwas County who have distinguished themselves in being operated as an illegal boardinghouse. f their chosen fields. Since 1984, the YMCA of Similarly, Ramsey officials said it was unlikely Central Texas has honored 214 women with she could be granted a zoning variance nec- CAMPAIGN FINANCE REFORM this distinguished tribute. essary to continue operation. The shelter's fu- The women are selected for the honor ture was uncertain. Undaunted, Kathy con- based on three factors: First, they have served vinced the State legislature to pass a bill al- HON. RON KIND as an exemplary role model, second, they are lowing her to remain in operation, then-Gov- OF WISCONSIN a strong mentor for others, and third, have im- ernor Kean, however, was hesitant to sign the pacted lives for the good. measure. IN THE HOUSE OF REPRESENTATIVES Receiving the 1997 Pathfinder Award are: It was at that point that Kathy contacted Tuesday, October 28, 1997 Joyce Briehof will be recognized in the area Mother Teresa and asked her help. Mother of science/inventions, having been extensively Teresa responded and, in turn, contacted Mr. KIND. Mr. Speaker, today I learned that involved with the Green Classroom Project at Governor Kean and urged him to sign the bill. the House Government Reform and Oversight Kendrick Elementary School in Waco. Three days later, the legislation was law. Committee has scheduled a hearing on cam- Lynn Bulmahn will be recognized in the area The Several Sources Foundation provides of communications. Her coverage of health-re- extensive counseling and information for preg- paign finance reform for this Thursday, Octo- ber 30. This is good news. I applaud Chair- lated subjects including teenage pregnancy nant women seeking an alternative to abortion and Alzheimer's disease have earned her nu- man BILL THOMAS for allowing this important and ultimately provides free shelter for expect- merous awards. ant mothers and their children. The foundation issue to be given a proper hearing. Margie Cintron is the recipient of the Path- has found that many young women, particu- However, this is only the first step. Not only finder Award for public service. She has larly teenagers, have no place to stay while should campaign finance reform legislation be helped create 24 neighborhood associations in pregnant. It is, tragically, not uncommon for given a hearing, it also must come to the floor Waco, and provides technical support in angry parents to kick out their daughters upon of the U.S. House of Representatives for a full accessing city, county, and other govern- learning that they are pregnant. The shelters debate and vote. The people of my district mental services. allow mothers to stay during pregnancy and have told me repeatedly that they will not take Mary Duty will be recognized in the area of up to 1 year after the birth of a child. Each of no for an answer when it comes to changing business/finance. She recently lobbied the the five shelters can house up to six mothers the current campaign finance system. A hear- Texas Legislature for passage of a bill to keep and their infants, supervised by an adult tobacco products away from underage chil- ing is not enough, the full House must be house mother. dren. Women who stay at the shelters are trained given a chance to vote on this issue. Toni Herbert, a member of the Waco City in the practical aspects of motherhood, includ- Last week I joined 168 of my colleagues in Council, will be recognized in the area of poli- ing prenatal care and homemaking. School- signing a discharge petition on campaign fi- tics. She began the Neighborhood Training In- age mothers attend high school and are tu- nance legislation. It appears the pressure of stitute, as well as initiating the Neighborhood tored at the shelter during the last weeks of that petition has forced the leadership of the Development Program for the city of Waco. pregnancy. Women who have dropped out of House to schedule the hearing. I will urge my Ella Janes McKinney will be recognized in school are assisted in passing their GED and colleagues not to abandon the discharge effort the area of volunteerism. A lifelong member of are given classes in practical, employment-re- until we are sure that a fair vote will be al- the Austin Avenue United Methodist Church, lated skills such as typing. Some go on to col- lowed on campaign finance reform. she helped organize the Meals on Wheels lege. Program her church operates. Several sources is a pro-life organization With 2 weeks left before our expected ad- Eugenie Mygdal will receive the Pathfinder that offers a national telephone hotline for journment for the year there is very little time Award for the arts. An active volunteer of the pregnant women. More than 200 women call left to consider this issue. I urge you to move Waco Art Center and the Hillcrest Professional the hotline each month and Kathy estimates quickly to bring a substantial reform bill before Development School, she is also a sculptress that 15,000 abortions have been avoided the House. I will not take no for an answer. and artist. E2106 CONGRESSIONAL RECORD — Extensions of Remarks October 28, 1997 June Osborne will be recognized in the area National Guard of an individual I wish to com- For example, we must gain a better under- of conservation. She is an avid ornithologist mend. standing of the genetic basis of breast cancer, has sought to heighten the awareness of chil- Brig. Gen. Salvatore ``Sal'' Villano, Jr. including more about the BRCA series of dren and adults about the importance of na- brought to the National Guard a patriotic com- genes in Jewish women and others. ture conservation. mitment to his country. But he also brought a Another important area of research is the Linda Reasoner, administrator of the Waco strong desire to involve the Guard in the com- link between breast cancer and the environ- Covenant Academy, will be recognized in the munity it serves. ment. We need to know more about so-called area of non-traditional roles. She has also Sal Villano grew up in the part of my district endocrine disruptors that are used to make been active in the development of home known as North Denver. Anyone who knows pesticides, and other products. schooling in Waco. North Denver knows it to be a neighborhood We also need to improve breast cancer de- Pam Smallwood, education director of with a long history of strong family and ethnic tection. There are promising developments in Planned Parenthood, is the recipient of the ties. There Sal learned the value of honest new detection technologies such as magnetic Pathfinder Award in health. She is the creator work and spiritual integrity. resonance imaging and ultrasound which of the nationally recognized program, ``No- These values guided General Villano's rise could eventually save countless lives. body's Fool: Dating, Love, Sex and AIDS.'' in the Air National Guard. He saw it as his Each woman affected by breast cancer is a Maretha Smith will be recognized in the duty to lead with energy and integrity. But he mother or a daughter or a sister or an aunt. area of humanitarian. She is the founder of saw it as his personal mission to have the And by that standard, breast cancer has torn the youth program, ``Save of our Sons,'' an or- Guard promote the general welfare while pro- apart the lives of literally millions in our coun- ganization which seeks to provide a positive viding for the common defense of the Nation. try. focus on the African-American male. General Villano worked hard to bring armor- Promising research remains unfunded and Dr. Rosanne Stripling, superintendent of the ies to close-knit Colorado communities. The important questions are going unanswered. Waco Independent School District will be rec- new Denver armory, conceived by Sal as an Yet, breast cancer is the most common cancer ognized in the area of education. Earlier this armory on the weekend and a neighborhood in women and the cause of so much anguish. year, she was named the first female super- center during the week, is a good example of H.R. 1070, would increase breast cancer intendent of the Waco ISD after having served his vision to marry the Guard's mission with a funding at the National Cancer Institute from in a number of other capacities as a profes- community need. He pushed tirelessly to start $410 to $590 million, an increase of 40 per- sional educator. innovative programs to turn troubled teens cent. Helen Thueson, director of victim services around. And, he took seriously his role to keep This is a bipartisan bill which I introduced for the Waco Police Department will be recog- drugs off Colorado streets. with CONNIE MORELLA. We have 57 cospon- nized in the legal area for her efforts to help Mr. Speaker, America and the National sors and the list grows every day. The bill is victims rebuild their lives after a traumatic Guard can learn a lesson from Gen. Sal supported by both the American Cancer Soci- crime has occurred. Villano, a good kid from North Denver. ety and the National Breast Cancer Coalition. In addition to the vital work of the National Dr. Nancy Upton, director of the Entrepre- f Cancer Institute, the war against breast cancer neurship Center at Baylor University, will be is being fought by other Federal agencies. The recognized in the area of entrepreneurial en- BREAST CANCER AWARENESS excellent, innovative breast cancer research terprises. She is the only chairwoman of an MONTH program at the Defense Department deserves endowed entrepreneur center in the United SPEECH OF continued congressional support. States. We have increased access to and improved Greta Warren Watson will be recognized in HON. NITA M. LOWEY the quality and safety of mammography the area of civic leadership. A volunteer since OF NEW YORK screening. I am pleased that on October 1, the in the late 1950's, her numerous activities in- IN THE HOUSE OF REPRESENTATIVES FDA issued its final rules on the Mammog- clude the Senate Ladies' Club, the League of Wednesday, October 22, 1997 raphy Quality Screening Act, a bill enacted in Women Voters, and the Big Twelve Task Mrs. LOWEY. Mr. Speaker, we have made 1992 with the strong support of the Congres- Force. progress in the war on breast cancer and the sional Women's Caucus. All facilities should Ina Mae Wilson will be recognized in the tragedy it causes. Early detection and aggres- now be in compliance with the act and women area of volunteerism. She has contributed sive treatment have enabled countless women should no longer need to worry about the over 1,900 hours to the Community Hospice across our Nation to survive this terrible dis- quality of their mammogram. Service in Waco, specializing in the area of ease. In addition, the Federal Government has bereavement. Yet, so much more remains to be done. provided low-cost breast cancer screening for Patricia Wood is the recipient of the Path- Women continue to face a one in eight chance over 1 million women through the Center for finder Award in the area of religion. She has of developing breast cancer during their life- Disease Control's breast and cervical cancer opened her home to numerous foreign ex- times. It remains the most frequent major can- screening program. The budget for this pro- change students in her church. I am proud to cer in women and the second leading cause gram has increased from $50 million in 1992 say she is my mother-in-law and devoted of cancer deaths among women. Last year, an to $140 million in 1997. It's now available in all grandmother to my two sons, John Thomas estimated 182,000 women were diagnosed 50 States and is supported by private partners and Garrison. such as Avon and the YWCA. Of course, we In addition, Bobbie Barnes is receiving the with breast cancer and nearly 50,000 died of need to continue to expand the program and Rountree Athena Award for her leadership in the disease. The Federal Government's support for target those women who are the most difficult the areas of historic research, education, and breast cancer research has grown significantly to reach because of language and cultural preservation. Her work will allow the rich his- in the past 10 years. The grants funded by the barriers. No women in our Nation who needs tory and culture of Waco to be passed on to National Cancer Institute are on the cutting a mammogram should go without one. future generations. edge of science and have made important Another important development at the na- I ask Members to join me in honoring the contributions to our understanding of this com- tional policy level has been the involvement of recipients of these distinguished awards. plex disease and to treatment. breast cancer advocates in decisions about These women have demonstrated the dedica- But because of a lack of funding, the Na- how to allocate precious Federal research tion and exhibited the excellence that make tional Cancer Institute is able to fund only a funds. Both at NIH and the Defense Depart- our communities strong and our country great. small percentage of the outstanding applica- ment, advocates are adding a fresh perspec- f tions for research it receives. An estimated tive to review panels, helping scientists and TRIBUTE TO BRIG. GEN. one out of every four grants that has been ap- administrators look at their research portfolios SALVATORE ‘‘SAL’’ VILLANO, JR. proved for funding by NCI's expert panels in important new ways. The National Cancer goes unfunded because of budgetary con- Institute has recently taken a significant step HON. DIANA DeGETTE straints. This is simply unacceptable. in this regard by involving advocates in its new We must increase our investment in breast OF COLORADO breast cancer progress review group or PRG. cancer research. We know very little about But we must also turn our attention to legal IN THE HOUSE OF REPRESENTATIVES how to prevent the disease and treatment op- protections for breast cancer patients and Tuesday, October 28, 1997 tions are too few. At least two-thirds of breast other women who may develop breast cancer. Ms. DEGETTE. Mr. Speaker, this November cancers occur in women with no known risk I have introduced a bill, H.R. 2275, with Rep- will see the retirement from the Colorado Air factors. resentative LAZIO to outlaw discrimination by October 28, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2107 employers on the basis of genetic discrimina- charter contains a provision requiring that one- Our request is that, under the authority of tion. third of the university's board of trustees be Section 9 of the Act, Congress now delete the provision within Section 3 of the charter LOUISE SLAUGHTER is doing an outstanding alumni. On September 9, 1997, I received a job fighting insurance discrimination based on letter from Southeastern University President which requires that fully one third of the Board of Trustees of Southeastern Univer- genetic information. Employment discrimina- Charlene Drew Jarvis asking that I introduce sity at all times be alumni of the institution. tion poses another threat to those women who legislation to remove this provision. On Sep- want to be tested for the breast cancer gene tember 9, 1997, I also received a letter from We seek this change because a new and but fear that the information will be used Board of Trustees Chair Elizabeth Lisboa-Far- more broadly-based Board of Trustees would row confirming that the board of trustees had be a more active and vigorous one, able to against them. Our bill would amend title VII of fund raise throughout the region and the the Civil Rights Act to permit a cause of action authorized President Jarvis to seek this country, unconstrained by restrictions for those who have been discriminated in the change. Copies of both letters are attached. placed upon it at a time when fund-raising workplace on the basis of genetic information. The board of trustees would like this provision was not such a significant aspect of service Congress also needs to act on legislation removed in order to let the university draw on university governing boards. from a wider pool of potential board nominees. which would provide a minimal standard of Let me assure you and your colleagues care for women undergoing a mastectomy. Because the university was incorporated by an that the Board of Trustees understands that The DeLauro bill provides a 48-hour minimal act of Congress, only the Congress can effec- it is an excellent idea for alumni to serve on hospital stay. The Eshoo and Kelly bills pro- tuate this change. the governing board of this university. In- vide reconstructive surgery. Insurers must not Southern University is an important and pro- deed, our current Secretary of the Board is turn women out on the street involuntarily after ductive institution which contributes to the Dr. Ephraim Okoro, a much valued professor a major procedure such as a mastectomy and economy of the District of Columbia by offer- of Public Administration. Dr. Okoro is an they must not see reconstructive surgery as ing undergraduate and graduate degree pro- outstanding alumnus, holding multiple de- grams geared specifically to the needs of grees earned here. Several additional current merely cosmetic surgery. Unfortunately, Con- members of the Board are alumni, as well. gress has yet to hold hearings on any of the working professionals. Under the able leadership of Southeastern's new president, Dr. Therefore, the governing board certainly bills dealing with this issue and that's simply shall endeavor to continue to have graduates not acceptable. Charlene Drew Jarvis, the university has elected to such positions. Let's applaud the progress we have made in begun to rebound from difficult financial circumstances. This legislation will allow South- Our request, in conclusion, is that Con- ending the scourge of breast cancer but now gress amend Section 3 of the charter, to de- turn our attention to the many battles ahead. eastern to expand its fundraising potential to complement these efforts. I urge my col- lete the reference restricting Southeastern f University’s ability to meet its mandates. leagues to support this corrective measure. The preferred language, based on that con- IN MEMORY OF MARK WELLS SOUTHEASTERN UNIVERSITY tained within the October 10, 1966, act, would OFFICE OF THE PRESIDENT, be: ‘‘Sec. 3. The management of the said cor- Washington, DC, September 9, 1997. poration shall be vested in a board of trust- HON. DENNIS J. KUCINICH Congresswoman ELEANOR HOLMES NORTON, ees consisting of not less than nine nor more OF OHIO U.S. House of Representatives, Longworth than thirty in number as determined from IN THE HOUSE OF REPRESENTATIVES Building, Washington, DC. time to time by said board of trustees. Each DEAR CONGRESSWOMAN NORTON: I have been trustee shall be elected for a term of office of Tuesday, October 28, 1997 authorized by the Board of Trustees of three years from the date of expiration of Mr. KUCINICH. Mr. Speaker, I rise today to Southeastern University to write to you to the term . . . of such predecessor.’’ ask that you assist the university in obtain- honor the memory of Mark Wells, of Olmsted ing an alteration of the Congressionally- Thank you very much for helping in this Township, OH, whose life was tragically ended granted charter of the university. matter. If we at Southeastern University can a year ago on October 28, 1996. On Page 697 of the United States Statutes be of aid as the process of amendment oc- Mr. Wells, 41, had been a mail carrier in At Large for 1937 (Vol. 50, Part I), an Act of curs, we would be most happy to provide North Olmsted and Lorain, OH, since 1987. Congress is recorded as Chapter 700. This whatever assistance is requested. Please do He was well-liked and respected by his co- law, which was approved on August 19, 1937, not hesitate to call upon us. workers. Last year, Mr. Wells was on duty, amended an earlier certificate of incorpora- Sincerely yours, tion granted within the District of Columbia CHARLENE DREW JARVIS, Ph.D. standing behind his mail truck on a quiet Lo- and officially renamed the institution President. rain Street, when a man with a history of driv- ‘‘Southeastern University.’’ ing under the influence drove his pickup The act also specified in part as follows: around the corner and struck him. Mr. Wells ‘‘Sec. 3. That the management of the said SOUTHEASTERN UNIVERSITY, died a short time later from multiple injuries. corporation shall be vested in a board of BOARD OF TRUSTEES, The unfortunate accident stunned his family trustees consisting of not less than nine nor Washington, DC, September 9, 1997. and coworkers at the post office. The pickup more than twenty-one in number as deter- Congresswoman ELEANOR HOLMES NORTON, driver's sentence of 1 month's jail time, a sus- mined from time to time by said board of Member, U.S. House of Representatives, Long- trustees, one-third of whom, at all times, worth Building, Washington, DC. pended license and a small fine was a second shall be graduates of the said university, of blow. A memorial service will be held in honor the qualifications prescribed by the board of DEAR CONGRESSWOMAN NORTON: We, the of Mr. Wells on the anniversary of his untimely managers of the Young Men’s Christian As- Members of the Board of Trustees of South- death. sociation of the city of Washington, a cor- eastern University, have authorized our university president, Dr. Charlene Drew Jarvis, f poration organized and existing under and by virtue of the Act of Congress approved June to request from you Congressional action in TO AMEND THE CHARTER OF 28, 1864 (13 Stat. L. 411 and the Acts amend- order that the charter granted to us in 1937 by Congress be adjusted slightly. SOUTHEASTERN UNIVERSITY atory thereof), nominated by the alumni of the said university in the manner prescribed The change we seek would delete from the by said board of managers, and all of whom charter that provision which requires that HON. ELEANOR HOLMES NORTON shall be elected by said board of managers; fully one third of the members of the Board . . . so that the term of office of one class OF THE DISTRICT OF COLUMBIA be drawn from amongst ranks of our alumni. shall expire annually.’’ IN THE HOUSE OF REPRESENTATIVES Dr. Jarvis will be writing to you with a cita- The act further specified, in another section drawn from our existing charter and the Tuesday, October 28, 1997 tion: ‘‘Sec. 9. That nothing in this Act con- language we request in its place. The reason tained shall be construed as preventing the Ms. NORTON. Mr. Speaker, I rise today to we seek this change is so that we may draw Congress from amending, altering, annul- from a wider pool of potential Board nomi- introduce legislation which would remove the ling, or repealing the same or any part there- nees who can do significant fund-raising for provision in the Southeastern University char- of.’’ the university. ter requiring that one-third of the board of An Act amending the charter, approved on trustees be Southeastern alumni. Southeast- October 10, 1966, did contain significant Thank you for assisting us in this perti- nent matter. Thank you, also, for your con- ern University President Charlene Drew Jarvis changes in the language of Section 3, but it neglected to address the issue we are writing sistent support of the cause of higher edu- and the board of trustees have asked me to to you about today. Similarly, another Act cation here in Washington. introduce this corrective measure. amending the charter was approved on Sincerely yours, Southeastern University was incorporated March 29, 1976, but it did not change the rel- ELIZABETH LISBOA-FARROW, by act of Congress on August 19, 1937. Its evant language of that section, either. Chair. E2108 CONGRESSIONAL RECORD — Extensions of Remarks October 28, 1997 BREAST CANCER AWARENESS in the House which will first, guarantee a mini- to enforce the laws and protect our citizens.'' MONTH mum hospital stay of 48 hours for a woman They believe key recovery is essential ``to having a mastectomy; which will second, guar- allow police departments, attorney generals, SPEECH OF antee that insurance companies will cover the district attorneys, sheriffs, and Federal authori- HON. ROBERT MENENDEZ cost of reconstructive breast surgery resulting ties to continue to use their most effective in- OF NEW JERSEY from mastectomies for which coverage is al- vestigative techniques, with court approval, to IN THE HOUSE OF REPRESENTATIVES ready provided; which will third, guarantee that fight crime and espionage and prevent terror- no insurance plan will be allowed to deny cov- ism. Wednesday, October 22, 1997 erage to women for annual mammograms for Mr. MENENDEZ. Mr. Speaker, I rise this women aged 40 and over. We need to pass f evening to join the ranks of many of my col- these measures. And, most important, we leagues who have taken time this month to need to increase the amount of money we al- INTRODUCTION OF THE KAKE focus on the terrible disease of breast can- locate for breast cancer research in this coun- LAND EXCHANGE ACT cerÐits human costs as well as its economic try. costs; and the steps we are taking to combat Mr. Speaker, to borrow from a well-known it. television commercial, these women are our HON. DON YOUNG While breast cancer can strike both men wives, daughters, mothers, grandmothers, and OF ALASKA and women, it is women who are most fre- aunts. We must do everything we possibly can quently its victims. Last year, an estimated to eliminate this disease, which devastates so IN THE HOUSE OF REPRESENTATIVES 182,000 women were diagnosed with breast many lives and families each year. Tuesday, October 28, 1997 cancer and 46,000 died of this disease. Breast f cancer is the second leading cause of death Mr. YOUNG of Alaska. Mr. Speaker, today, from cancer for women. ENCRYPTION POLICY—AMERICA’S I am introducing the Kake Land Exchange Act In my State of New Jersey, there are 98,000 POLICE OPPOSE THE SAFE ACT of 1997. This bill will provide for an exchange women living with breast cancer. Many do not (H.R. 695) of land between Kake Tribal Corp. [KTC], a even know that they have the disease. This village corporation formed pursuant to the year alone, 1,600 New Jersey women will die HON. GERALD B.H. SOLOMON Alaska Native Claims Settlement Act, and the of breast cancer. OF NEW YORK U.S. Forest Service. Mr. Speaker, breast cancer is an epidemic IN THE HOUSE OF REPRESENTATIVES Specifically, the legislation makes possible in our country. Every 3 minutes a woman is di- Tuesday, October 28, 1997 an exchange in which the corporation trans- agnosed with it; and every 11 minutes a fers approximately 2,427 acres of its ANCSA Mr. SOLOMON. Mr. Speaker, if you want a woman dies from it. It costs our Nation $6 bil- entitlement lands surrounding the municipal perfect example of how the election process lion every year in medical costs and lost pro- watershed of the city of Kake, for an equal can be corrupted by using large amounts of ductivity. With these numbers, I am amazed acreage of land managed by the Forest Serv- money to enact policy which is detrimental to that we are not dedicating more resources to ice in the Saginaw Bay and Hamilton Bay the interests of the American people, you learn more about the causes of breast cancer areas. The bill serves two important purposes need only look at H.R. 695, the SAFE Act. and to find a cure. and enjoys the support of the Governor of The SAFE Act was drafted by and for the If you do not now know someone who has Alaska, the city of Kake, SealaskaÐthe Re- software industry with no consideration to the died from breast cancer or who is presently gional Native CorporationÐand the Alaska national security and public safety needs of fighting it, you may be assured that at some Federation of Natives, as well as other individ- the American people. I believe a compromise point in your life, you will. Breast cancer uals and groups in southeast Alaska. strikes one in eight women, and is most com- should be reached between industry's desires mon in women over age 65. and the legitimate law enforcement concerns The two primary goals of the bill are to pro- In 1991, the Medicare Program began cov- of the American people. However, Bill Gates, tect and preserve the Gunnuk Creek Water- ering biennial screening mammograms. How- who is worth over $40 billion, is asking Con- shed, which serves as Kake's supply of drink- ever, in 1991±92, only 37 percent of female gress to ignore the safety of the American ing water, and to enable the shareholders of beneficiaries aged 65 and over received a people so he will make more money. KTC to realize benefit from its land entitlement Medicare-paid mammogram. This year Con- Today, police may conduct a search of in fulfillment of ANCSA's purposes. gress included in the budget expanded Medi- property or intercept communications only The need for the bill was illustrated in the care coverage for mammograms with the de- after they prove to a judge that they have 1970's and 1980's when timber harvesting of ductible waived for these screenings. It is im- probable cause to believe that a crime may the land in the Gunnuk Creek Watershed perative that women take advantage of this occur. We possess the capability to safeguard raised great concern in the community of covered service. Early diagnosis is essential the status quo in criminal justice by using an Kake. To safeguard the watershed, logging for successful treatment of this disease. Self- encryption process called key recovery. Yet, activity on these lands halted. However, be- examination, and annual mammograms can the sponsors of H.R. 695 are unwilling to ac- cause the lands are owned essentially by a save lives. cept this compromise. In other words, H.R. for-profit corporation, residents of Kake, many This year, the Pentagon's spending bill in- 695 eliminates one of our most important law of whom are KTC shareholders, do not have cludes $160 million for breast cancer research enforcement mechanisms. This is the reason total assurance that the watershed can be pro- and related treatment. The bulk of this appro- virtually every police and law enforcement or- tected over the long term. priation will go toward the Army's peer-re- ganization in the country opposes H.R. 695. This legislation solves this dilemma simply viewed research program, which focuses on The Drug Enforcement Agency, the FBI, the by allowing KTC to exchange the watershed innovation; and encourages new investigators National Security Agency, the National Sher- lands for other timbered lands. The lands to enter the field of breast cancer research, as iffs' Association, the District Attorneys Asso- transferred to the Forest Service will have well as foster multidisciplinary approaches to ciations and the Association of Chiefs of Po- long-term protection, while the lands conveyed this research. lice oppose the SAFE Act. to KTC can be used for the benefit of its The Health and Human Services appropria- Justice Department officials testifying before shareholders. tions bill presently working its way through the the House Judiciary Committee stated that the Congress, has a House-passed level of $145 SAFE Act, ``would severely compromise law In furtherance of the purposes of this bill, million for breast and cervical cancer enforcement's ability to protect the American the city of Kake is willing to enter into an screenings. people from the threats posed by terrorists, or- agreement with the U.S. Forest Service to The bill also contains language urging the ganized crime, child pornographers, and other manage the watershed property, once the ex- National Cancer Institute [NCI] to strengthen criminals. It is difficult enough to protect the change is completed. I believe this is a pru- its commitment to breast cancer research and American people from crime without making dent move, and can be pursued either as part to maintain support for the implementation of criminals' tasks any easier. of this legislation or separately. the National Action Plan on Breast Cancer. In a letter you received from our top law en- This exchange is an example of how eco- In the House we need to pass legislation forcement officials, they state that encryption nomic development and protection of water re- which will offer concrete assistance to victims bills which do not contain key recovery, such sources can be simultaneously achieved in of breast cancer. There are proposals pending as the SAFE Act ``risk great harm to our ability Southeast. October 28, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2109 HONORING GERTRUDE SIMMONS Offices of C. Marshall Friedman. As a member JUDICIAL ACTIVISM AT ITS ON HER 100TH BIRTHDAY of this firm, Mr. Rush specializes in trial cases FINEST on behalf of injured railroad workers. HON. ROBERT W. NEY Mr. Rush also serves the community of St. OF OHIO Louis as a civic leader. He served for approxi- HON. JAMES A. BARCIA IN THE HOUSE OF REPRESENTATIVES mately 6 years on the St. Louis School Board, OF MICHIGAN and was elected president of that organization. Tuesday, October 28, 1997 IN THE HOUSE OF REPRESENTATIVES As a member of the school board, he lobbied Mr. NEY. Mr. Speaker, it is my pleasure to rise today to celebrate the 100th birthday of for desegregation programs, and concentrated Tuesday, October 28, 1997 Gertrude Simmons of Tuscarawas, OH. Ger- on efforts to raise achievement levels in the St. Louis public schools. Mr. Rush has re- Mr. BARCIA. Mr. Speaker, it is a terrible trude was born October 27, 1897 in Midvale, tragedy when innocent children are neglected OH. ceived awards for his civic achievements, including the Outstanding Civic Leader Award, or abused, especially if it is by a person they Gertrude was a member of the Midvale know such as their parent, relative or friend. Methodist Church where she played piano and given by the St. Louis Junior Chamber of My heart breaks each time I hear of a need- organ, directed the junior choir, and sang in Commerce and the Government Achievement less death or injury to a defenseless child. the adult choir. She is the oldest member of Award, given by the East-West Gateway Co- People who intervene in cases of abuse and the Midvale Club. After marrying her late hus- ordinating Council. Doug also has served as a neglect are a special breed. band, Walter, in 1920, Gertrude moved to trustee of the city of St. Louis Mental Health Tuscarawas. She became a member of the Board since 1992. One of my constituents, Judge Karen Tighe, Sharon Moravian Church where she sang in Today, we honor his service to this country, is being honored October 29, 1997, by the the choir and for weddings, funerals, and com- and we also honor Douglas Rush for his out- Child Abuse and Neglect Council for her con- munity events. standing civilian achievements in the field of tinued efforts to resolve these terrible situa- Gertrude is an avid sports fan and she en- law and the community of St. Louis, MO. I tions and improve the quality of life for many joyed cooking, baking, gardening, and oil wish him well in the days ahead. children. The goal of the Child Abuse and Ne- painting when still in good health. She at- glect Council is to end the suffering of children tributes her longevity to hard work, enjoying f throughout Bay County. No one deserves this life, and taking one day at a time. award more than Judge Karen Tighe for her Mr. Speaker, I ask that my colleagues join TRIBUTE TO STEPHEN G. tireless efforts to end the cycle of abuse and me today in celebrating Gertrude Simmons RAYMOND neglect. 100th birthday. I wish Gertrude a very happy A 1972 graduate of the University of Michi- birthday. gan, Judge Tighe pursued a law degree and f HON. JIM SAXTON graduated from the Detroit College of Law in TRIBUTE TO DOUGLAS K. RUSH OF NEW JERSEY 1976. Her life long commitment to helping abused and neglected children sprung to life HON. IKE SKELTON IN THE HOUSE OF REPRESENTATIVES when she worked for Neighborhood Legal OF MISSOURI Tuesday, October 28, 1997 Services in Detroit. Upon graduation, while many of her classmates took jobs with large IN THE HOUSE OF REPRESENTATIVES Mr. SAXTON. Mr. Speaker, it is a great firms, she took a full time job with Neighbor- Tuesday, October 28, 1997 privilege for me to recognize and honor Ste- hood Legal Services where she had volun- Mr. SKELTON. Mr. Speaker, I invite my col- phen G. Raymond, longtime prosecutor of teered countless hours during law school. Burlington County for his many years of de- leagues in the Congress to join me in paying In 1977, Judge Tighe accepted a position as voted public service to the residents of Bur- tribute to Douglas K. Rush, a truly outstanding Assistant Prosecutor in Bay County. Shortly lington County. Naval officer and attorney from St. Louis, MO. thereafter, she accepted the Assistant Friend After 29 years of exemplary active and re- His journey from youngest prosecutor ever of the Court position and in 1983 she started serve service in the U.S. Navy, Captain Rush appointed in the State of New Jersey to his hearing domestic relations matters as a ref- is retiring from the military. service as our State's senior prosecutor has eree. Named Acting Circuit Court Adminis- Doug Rush, a veteran of the Vietnam war brought him a murder clearance rate which is trator by her colleagues in 1990, Judge Tighe and Operation Desert Storm, began his mili- virtually unmatched. continued to defend the rights of children while tary career in 1968 as a cadet in the U.S. Naval Academy. Following his graduation in On the cutting edge of many victims' rights overseeing the 40 employee court. Judge 1972, Mr. Rush served in the U.S. Navy issues, Burlington County was the first in the Tighe was elected Probate Judge in 1994. through the end of the Vietnam war until 1978. State to institute a must-arrest policy in do- While protecting the rights of children as an Following his active duty tenure, Mr. Rush mestic violence cases; to open a child advo- attorney and judge, she found time to further joined the Navy Reserves, where he served cacy center, the only one in the State which her goal to end family violence. Judge Tighe for 13 years. In 1991, Operation Desert Storm is nationally accredited; to use closed circuit spent 5 years as a board member of the Bay summoned Mr. Rush's reserve unit to active television in child abuse cases, a practice County Women's Center and 4 years as Presi- duty, and once again, he was called to serve which has been endorsed by the U.S. Su- dent of the Bay County League of Democratic his country in a foreign war. At the conclusion preme Court; and, to institute annual com- Women and Men. She was appointed to serve of Operation Desert Storm, Mr. Rush returned prehensive 24-hour mandatory training for all 2 years by the Governor on the Michigan to reserve duty, whereupon he retired in May police officers in the county. board of Psychology. Judge Tighe also spent of this year. Through his efforts and leadership, Bur- 2 years as Instructor of Family Law at Delta Mr. Rush not only began an outstanding lington County received a COPS MORE grant College and 2 years as Vice-Chair of the military career at the Naval Academy, but his for $2.7 million, one of the largest in the coun- Michigan Family Support Council. education there laid the foundation for an out- try, awarded due to the unprecedented level of She could not have dedicated so much time standing civilian career. Earning a bachelor of cooperation among all county law enforcement and effort without the love and support of her science in military and political science from agencies. Annapolis in 1972, he went on to study at St. husband, Thomas E. Bock, a local attorney Louis University School of Law. In 1981, Mr. The strong working relationships his office and former City Commissioner and their 12- Rush graduated cum laude, earning a juris has achieved with schools, victims' groups, year-old daughter Sarah. doctor degree. Mr. Rush worked at the Arm- community groups, and governmental agen- Mr. Speaker, if we want citizens who are strong, Teasdale, Schiafly, and Davis firm first cies are another significant achievement of his absolutely driven by the concept of community as a law student, then as an associate upon tenure as prosecutor. and family, then we must continue to recog- his graduation. He eventually became a part- I have enjoyed working with Steve Raymond nize individuals like Judge Karen Tighe. I ask ner and the assistant chairman of the Trans- through the years on many issues of concern you and all of our colleagues to join me in portation Law Department. He remained with to our mutual constituents, and I wish him wishing Judge Tighe good fortune in all her fu- this firm until 1993, when he joined the Law continued success in the future. ture endeavors. E2110 CONGRESSIONAL RECORD — Extensions of Remarks October 28, 1997 BREAST CANCER AWARENESS breast surgery that results from a mastectomy. of treatment available, early detection almost MONTH Still another would require insurance plans to ensures survival. cover annual mammograms for women ages Even with all that has been done, however, SPEECH OF 40 and above who choose to have the test. HON. STEVE R. ROTHMAN These are important bills, and I hope they we still know very little about how to prevent will move quickly through their respective com- breast cancer. More research needs to be OF NEW JERSEY done. Since at least two-thirds of breast can- IN THE HOUSE OF REPRESENTATIVES mittees and that the leadership will bring them to the floor so we can pass them and have cer occurs in women with no known risk fac- Wednesday, October 22, 1997 them signed into law. However, as helpful as tors, we must work to find why these women Mr. ROTHMAN. Mr. Speaker, I am proud to these bills may be, I wish that they were un- acquired the disease. To do this we must con- rise today and join my colleagues in recogni- necessary. I wish we did not need to worry tinue to support researchers so they are able tion of October as Breast Cancer Awareness how to best treat the disease, or to create to find a cure. Month. We have all heard the figures: Last guidelines for hospital stays and insurance Women who battle breast cancer are he- year, 182,000 women were diagnosed with coverage. I wish that someday, someday very roes. They survive and endure pain and treat- breast cancer, 46,000 died of it, and currently soon, breast cancer will be a thing of the past. 2.6 million women are living with it. The medical community has made huge ad- ment that no person should have to suffer. These staggeringly high numbers are one of vances in detecting and treating cancerous tu- However, we need them to continue to be he- the reasons why some of the first bills I put mors, and I applaud their accomplishments. roes in other aspects of life. We need them to my name on as a cosponsor when I came to Thanks to numerous studies, no one will dis- continue to be mothers, wives, and daughters, Congress last January were breast cancer re- pute that early detection is a key component teachers, workers, and full contributors to soci- lated. One bill would guarantee a minimum to surviving this devastating illness. In addi- ety. Some 2.6 million women have breast can- hospital stay of 48 hours for a woman having tion, Congress helped with the passage of the cer. This number is unacceptably high, and a mastectomy. Another would require health Balanced Budget Act which provided Federal will always be until it reaches zero. Let's con- insurance companies that provide coverage funding for annual screening mammograms for tinue to work together until breast cancer is a for mastectomies to cover reconstructive women over the age of 39. With newer forms crisis of the past. Tuesday, October 28, 1997 Daily Digest

HIGHLIGHTS Senate agreed to Interior Appropriations Conference Report. The House agreed to the Conference report on H.R. 1119, Department of Defense Authorization Act. Senate munications Commission on Wednesday, October Chamber Action 29, 1997, with a vote to occur thereon. Routine Proceedings, pages S11245–S11303 Pages S11302±03 Measures Introduced: Eight bills were introduced, Nominations Confirmed: Senate confirmed the fol- as follows: S. 1321–1328. Pages S11289±90 lowing nominations: Measures Reported: Reports were made as follows: Harold W. Furchtgott-Roth, of the District of S. 940, to provide for a study of the establishment Columbia, to be a Member of the Federal Commu- nications Commission for a term of five years from of Midway Atoll as a national memorial to the Bat- July 1, 1995. tle of Midway, with an amendment in the nature of John C. Angell, of Maryland, to be an Assistant a substitute. (S. Rept. No. 105–114) Secretary of Energy (Congressional and Intergovern- H.R. 765, to ensure maintenance of a herd of wild mental Affairs). horses in Cape Lookout National Seashore, with an Ernest J. Moniz, of Massachusetts, to be Under amendment in the nature of a substitute. (S. Rept. Secretary of Energy. No. 105–115) Michael K. Powell, of Virginia, to be a Member Special Report on Further Revised Allocation to of the Federal Communications Commission for a Subcommittees of Budget Totals from the Concur- term of five years from July 1, 1997. rent Resolution for Fiscal Year 1998. (S. Rept. No. Michael Telson, of the District of Columbia, to be 105–116) Page S11289 Chief Financial Officer, Department of Energy. Department of the Interior Appropriations Con- Dan Reicher, of Maryland, to be an Assistant Sec- ference Report: By 84 yeas to 14 nays (Vote No. retary of Energy (Energy, Efficiency, and Renewable 283), Senate agreed to the conference report on H.R. Energy). 2107, making appropriations for the Department of Robert Wayne Gee, of Texas, to be an Assistant the Interior and related agencies for the fiscal year Secretary of Energy (Policy, Planning, and Program ending September 30, 1998, clearing the measure for Evaluation). Gloria Tristani, of New Mexico, to be a Member the President. Pages S11253±75 of the Federal Communications Commission for the ISTEA Authorizations—Cloture Vote: By 52 yeas remainder of the term expiring June 30, 1998. to 48 nays (Vote No. 282), three-fifths of those Sen- Gloria Tristani, of New Mexico, to be a Member ators duly chosen and sworn not having voted in the of the Federal Communications Commission for a affirmative, Senate rejected a motion to close further term of five years from July 1, 1998. debate on the modified committee amendment to S. M. John Berry, of Maryland, to be an Assistant 1173, to authorize funds for construction of high- Secretary of the Interior. Pages S11302±03 ways, for highway safety programs, and for mass Nominations Received: Senate received the follow- transit programs. Page S11250 ing nominations: Nomination—Agreement: A unanimous-consent Katherine L. Archuleta, of Colorado, to be a time-agreement was reached providing for the con- Member of the Institute of American Indian and sideration of the nomination of William E. Kennard, Alaska Native Culture and Arts Development for the of California, to be a Member of the Federal Com- remainder of the term expiring May 19, 2000. D1154 October 28, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1155 Joseph Robert Brame, III, of Virginia, to be a Company, Dearborn, Michigan, on behalf of the Member of the National Labor Relations Board for Electronic Commerce Forum. the term of five years expiring December 16, 1999. EDUCATION Sallyanne Harper, of Virgina, to be Chief Finan- cial Officer, Environmental Protection Agency. Committee on the Budget: Committee held hearings to Hank Brown, of Colorado, to be a Member of the examine the current state of the national education United States Advisory Commission on Public Di- system, receiving testimony from Richard W. Riley, plomacy for a term expiring April 6, 2000. Secretary, and Pascal D. Forgione, Jr., Commissioner Penne Percy Korth, of Texas, to be a Member of of Education Statistics, both of the Department of the United States Advisory Commission on Public Education; and William J. Bennett, Empower Amer- Diplomacy for a term expiring July 1, 2000. ica, Washington, D.C., former Secretary of Edu- Susanne T. Marshall, of Virginia, to be a Member cation. of the Merit Systems Protection Board for the term Hearings were recessed subject to call. of seven years expiring March 1, 2004. Page S11303 AIRLINE COMPETITION Messages From the House: Page S11289 Committee on Commerce, Science, and Transportation: Communications: Page S11289 Committee held hearings to examine air service problems affecting certain communities since the de- Statements on Introduced Bills: Pages S11290±99 regulation of the airline industry, and proposed leg- Additional Cosponsors: Pages S11299±S11300 islation to remove certain barriers to promote com- Authority for Committees: Pages S11300±01 petition in the domestic airline industry, receiving testimony from Senators Warner and Robb; Rep- Additional Statements: Pages S11301±02 resentatives Slaughter and Moran; Patrick V. Mur- Record Votes: Two record votes were taken today. phy, Deputy Assistant Secretary of Transportation for (Total—283) Pages S11250, S11275 Aviation and International Affairs; Gerald Quorum Calls: One quorum call was taken today. Dillingham, Associate Director, Transportation Is- (Total—6) Page S11250 sues, Resources, Community, and Economic Devel- opment Division, General Accounting Office; David Adjournment: Senate convened at 9 a.m., and ad- T. Ralston, Jr., Metropolitan Washington Airports journed at 7:19 p.m., until 11 a.m., on Wednesday, Authority, Alexandria, Virginia; J. Randolph Bab- October 29, 1997. (For Senate’s program, see the re- bitt, Air Line Pilots Association, International, and marks of the Acting Majority Leader in today’s Edward P. Faberman, Air Carrier Association of Record on pages S11302–03.) America, both of Washington, D.C.; Charles M. Goodwin, Greater Rochester Metro Chamber of Commerce, Inc., Rochester, New York; Thomas G. Committee Meetings Tait, Nevada Commission on Tourism, Carson City, (Committees not listed did not meet) on behalf of the Western States Tourism Policy Council; Lawrence M. Nagin, US Airways, Arling- ELECTRONIC COMMERCE ton, Virginia; Cyril Murphy, United Air Lines, Inc., Chicago, Illinois; and Bob Rowen, Reno Air, Inc., Committee on Banking, Housing, and Urban Affairs: Reno, Nevada. Subcommittee on Financial Services and Technology Hearings were recessed subject to call. concluded hearings to examine issues with regard to the electronic commerce infrastructure, focusing on EPA REGIONAL HAZE RULE proposals to establish uniform national standards for Committee on Energy and Natural Resources: Sub- the use of electronic authentication technology by fi- committee on Forests and Public Land Management nancial institutions, including digital signatures, concluded hearings to examine the potential impacts after receiving testimony from Massachusetts Deputy on, and additional responsibilities for, federal land General Counsel Daniel Greenwood, Boston; Ira H. managers imposed by the Environmental Protection Parker, Alston and Bird, Alfred M. Pollard, Bankers Agency’s Notice of Proposed Rulemaking on re- Roundtable, and Robert D. Kramer, Bank of Amer- gional haze regulations implementing certain provi- ica, NT&SA, on behalf of the Electronic Commerce sions of the Clean Air Act, after receiving testimony Working Group and the Coalition of Service Indus- from Robert C. Joslin, Deputy Chief, National For- tries, all of Washington, D.C.; J. Scott Lowry, Digi- est System, Forest Service, Department of Agri- tal Signature Trust Company, Salt Lake City, Utah; culture; Michael Soukup, Associate Director, Natural P. Michael Nugent, Citibank, New York, New Resource Stewardship and Science, National Park York; and Richard Mossburg, Ford Motor Credit Service, Department of the Interior; John S. Seitz, D1156 CONGRESSIONAL RECORD — DAILY DIGEST October 28, 1997 Director, Office of Air Quality Planning and Stand- Senators DeWine and Glenn, and Mr. Gabriel was ards Division, Office of Air and Radiation, Environ- introduced by Senators Domenici and Ford. mental Protection Agency; Utah Governor Michael O. Leavitt, Salt Lake City; Anne E. Smith, Decision NOMINATIONS Focus Incorporated, and Marcia Frenz, National Committee on the Judiciary: Committee concluded Parks and Conservation Association, both of Wash- hearings on the nominations of Stanley Marcus, of ington, D.C.; Greg E. Walcher, CLUB 20, Grand Florida, to be United States Circuit Judge for the Junction, Colorado; Robert L. Pearson, Radian Inter- Eleventh Circuit, Ann L. Aiken, to be United States national, Denver, Colorado; and L. Bruce Hill, Appa- District Judge for the District of Oregon, Jerome B. lachian Mountain Club, Gorham, New Hampshire. Friedman, to be United States District Judge for the NOMINATION Eastern District of Virginia, Norman K. Moon, to be United States District Judge for the Western Dis- Committee on Environment and Public Works: Commit- trict of Virginia, and Rodney W. Sippel, to be Unit- tee concluded hearings on the nomination of Ken- ed States District Judge for the Eastern and Western neth R. Wykle, of Virginia, to be Administrator of Districts of Missouri, after the nominees testified and the Federal Highway Administration, Department of answered questions in their own behalf. Mr. Marcus Transportation, after the nominee, who was intro- was introduced by Senators Mack and Graham, Ms. duced by Representative Rahall, testified and an- Aiken was introduced by Senators Gordon Smith and swered questions in his own behalf. Wyden, Messrs. Friedman and Moon were intro- NATO ENLARGEMENT duced by Senators Warner and Robb, and Mr. Sippel Committee on Foreign Relations: Committee concluded was introduced by Senators Bond and Ashcroft. hearings to examine the costs, benefits, CONFIDENTIAL MEDICAL INFORMATION burdensharing and military implications of the proposal to grant NATO membership to Poland, Hun- Committee on Labor and Human Resources: Committee gary, and the Czech Republic, after receiving testi- concluded hearings on the Administration’s proposal mony from Walter B. Slocombe, Under Secretary of to protect the privacy of individually identifiable Defense for Policy; Richard Kugler, Institute for Na- medical information and establish strong penalties tional Strategic Studies/National Defense University, for those who disclose such information, after receiv- Fort McNair, Ivan Eland, CATO Institute, and Ste- ing testimony from Senators Leahy, Bennett, and phen Hadley, Shea and Gardner, all of Washington, Snowe; Wanda Walker, Louisville, Kentucky, on be- D.C. half of the Consortium for Citizens with Disabilities; John Glaser, Partners HealthCare System, Inc., and NOMINATIONS A.G. Breitenstein, JRI Health Law Institute, both of Committee on Foreign Relations: Committee concluded Boston, Massachusetts; John T. Nielsen, Inter- hearings on the nominations of Richard Frank Ce- mountain Health Care, Salt Lake City, Utah, on be- leste, of Ohio, to be Ambassador to India, Shaun Ed- half of the American Association of Health Plans; ward Donnelly, of Indiana, to be Ambassador to the Donald J. Palmisano, New Orleans, Louisiana, on Democratic Socialist Republic of Sri Lanka, and to behalf of the American Medical Association; Spencer serve concurrently and without additional compensa- Foreman, Montefiore Medical Center, Bronx, New tion as Ambassador to the Republic of Maldives, Ed- York, on behalf of the American Hospital Associa- ward M. Gabriel, of the District of Columbia, to be tion; Elizabeth B. Andrews, Glaxo-Wellcome, Re- Ambassador to the Kingdom of Morocco, Cameron search Triangle Park, North Carolina, on behalf of R. Hume, of New York, to be Ambassador to the the Healthcare Leadership Council. Democratic and Popular Republic of Algeria, Daniel Charles Kurtzer, of Maryland, to be Ambassador to INTELLIGENCE the Arab Republic of Egypt, James A. Larocco, of Select Committee on Intelligence: Committee held closed Virginia, to be Ambassador to the State of Kuwait, hearings on intelligence matters, receiving testimony and Edward S. Walker, Jr., of Maryland, to be Am- from officials of the intelligence community. bassador to Israel. Mr. Celeste was introduced by Committee recessed subject to call. October 28, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1157 House of Representatives Suspensions—Pending: The House completed de- Chamber Action bate on motions to suspend the rules and pass the Bills Introduced: 11 public bills, H.R. 2746–2756; following measures: and 5 resolutions, H.J. Res. 98, H. Con. Res. Dollars to Classrooms: H. Res. 139, amended, ex- 178–179, and H. Res. 282–285, were introduced. pressing the sense of the House of Representatives Pages H9613±14 that the Department of Education, States, and local Reports Filed: Reports were filed as follows: education agencies should spend a greater percentage H. Res. 139, expressing the sense of the House of of Federal education tax dollars in our children’s Representatives that the Department of Education, classrooms; Pages H9567±75 States, and local education agencies should spend a J. Roy Rowland Federal Courthouse: H.R. 1484, greater percentage of Federal education tax dollars in amended, to redesignate the Dublin Federal Court- our children’s classrooms, amended (H. Rept. house building located in Dublin, Georgia, as the J. 105–349); Roy Rowland Federal Courthouse; and Conference report on S. 858, to authorize appro- Pages H9576±78 priations for fiscal year 1998 for intelligence and in- David W. Dyer Federal Courthouse: H.R. 1479, telligence-related activities of the United States Gov- amended, to designate the Federal building and ernment, the Community Management Account, and United States courthouse located at 300 Northeast the Central Intelligence Agency Retirement and Dis- First Avenue in Miami, Florida, as the ‘‘David W. ability System (H. Rept. 105–350); Dyer Federal Courthouse.’’ Page H9578 H.R. 948, to reaffirm and clarify the Federal rela- Recess: The House recessed at 1:25 p.m. and recon- tionship of the Burt Lake Band as a distinct federally vened at 5:00 p.m. Page H9578 recognized Indian Tribe (H. Rept. 105–351); Motion to Adjourn: Rejected the Ensign motion to H.R. 1604, to provide for the division, use, and adjourn by a yea and nay vote of 52 yeas to 359 distribution of judgment funds of the Ottawa and nays with 1 voting ‘‘present’’, Roll No. 532. Later, Chippewa Indians of Michigan pursuant to dockets rejected the Ensign motion to adjourn by a voice numbered 18–E, 58, 364, and 18–R before the In- vote. Page H9579 dian Claims Commission, amended (H. Rept. 105–352); DOD Authorization Conference Report: By a yea and nay vote of 286 yeas to 123 nays, Roll No. 534, H.R. 2402, to make technical and clarifying the House agreed to the conference report on H.R. amendments to improve management of water-relat- 1119, to authorize appropriations for fiscal year 1998 ed facilities in the Western United States, amended for military activities of the Department of Defense, (H. Rept. 105–353); for military construction, and for defense activities of H. Res. 283, providing for consideration of H.R. the Department of Energy, and to prescribe person- 1270, to amend the Nuclear Waste Policy Act of nel strengths for such fiscal year for the Armed 1982 (H. Rept. 105–354); and Forces. Pages H9600±10 H. Res. 284, providing for consideration of H.R. Earlier, the House agreed to H. Res. 278, the rule 2493, to establish a mechanism by which the Sec- waiving points of order against the conference report retary of Agriculture and the Secretary of the Inte- by a yea and nay vote of 353 yeas to 59 nays, Roll rior can provide for uniform management of live- No. 533. Pages H9579±86, H9595±H9600 stock grazing on Federal lands (H. Rept. 105–355). Senate Messages: Message transmitted to the Clerk Page H9613 on October 27 appears on page H9567. Recess: The House recessed at 11:14 a.m. and re- Amendments: Amendments ordered printed pursu- convened at 12:00 noon. Page H9565 ant to the rule appear on pages H9615–16. Suspension—Treatment of Investment Managers Quorum Calls—Votes: Three yea-and-nay votes de- under ERISA: The House agreed to suspend the veloped during the proceedings of the House today rules and pass S. 1227, to amend title I of the Em- and appear on pages H9579, H9599–H9600, and ployee Retirement Income Security Act of 1974 to H9609–10. There were no quorum calls. clarify treatment of investment managers under such Adjournment: Met at 10:30 a.m. and adjourned at title—clearing the measure for the President. 9:12 p.m. in memory of the late Honorable Walter Pages H9575±76 H. Capps of California. D1158 CONGRESSIONAL RECORD — DAILY DIGEST October 28, 1997 Constitution of the United States restoring religious Committee Meetings freedom. PATIENT ACCESS TO RESPONSIBLE CARE ACT; HEALTH INSURANCE BILL OF RIGHTS MISCELLANEOUS MEASURES ACT Committee on Resources: Subcommittee on Forest and Committee on Commerce: Subcommittee on Health and Forest Health held a hearing on the following bills: Environment held a hearing on the following bills: H.R. 1659, Mount St. Helens National Volcanic H.R. 1415, Patient Access to Responsible Care Act Monument Completion Act; H.R. 2416, to provide of 1997; and H.R. 820, Health Insurance Bill of for the transfer of certain rights and property to the Rights Act of 1997. Testimony was heard from John United States Forest Service in exchange for a pay- Eisenberg, M.D., Administrator, Agency for Health ment to the occupant of such property; and H.R. Care Policy Research, Department of Health and 2574, to consolidate certain mineral interest in the Human Services and public witnesses. National grasslands in Billings County, ND, through the exchange of Federal and private mineral IRS’S SUSPENSION—AFFIRMATIVE ACTION interest to enhance land management capabilities PROGRAM and environmental and wildlife protection. Testi- Committee on Government Reform and Oversight: Sub- mony was heard from Senator Dorgan; Representa- committee on Civil Service held a hearing on IRS’ tive Earl Pomeroy; the following officials of the For- Suspension of Its Affirmative Action Program. Testi- est Service, USDA: Sandra Key, Associate Deputy mony was heard from Charles D. Fowler, III, Na- Chief, Programs and Legislation; and Paul Tittman, tional Director, Equal Employment Opportunity and Chief Appraiser; Bob Anderson, Deputy Assistant Diversity, IRS, Department of the Treasury. Director, Minerals, Realty and Resource Protection, U.S. PERSONNEL OVERSEAS—SECURITY Bureau of Land Management, Department of the In- STATUS terior and public witnesses. Committee on Government Reform and Oversight: Sub- FORAGE IMPROVEMENT ACT committee on National Security, International Af- Committee on Rules: Granted by voice vote, a modified fairs and Criminal Justice met in executive session to open rule on H.R. 2493, Forage Improvement Act hold a hearing on the Security Status of U.S. Person- of 1997, providing one hour of general debate with nel Overseas. Testimony was heard from the follow- 30 minutes equally divided between the chairman ing officials of the Department of Defense: Maj. and ranking minority member of the Committee on Gen. James C. King, USA, Director, Intelligence, Resources and 30 minutes equally divided between Joints Chiefs of Staff; H. Allen Holmes, Assistant the chairman and ranking minority member of the Secretary, Special Operations and Low-Intensity Con- Committee on Agriculture. The rule limits the flict; Brig. Gen. James T. Conway, USMC, Deputy amendment process to three hours. The rule makes Director, Combating Terrorism, Joints Chiefs of in order the Resources Committee amendment in the Staff; and the following officials from the Depart- nature of a substitute as an original bill for the pur- ment of State; J. Eric Boswell, Assistant Secretary, pose of amendment. The rule makes in order, before Diplomatic Security; Jacquelyn L. Williams- the consideration of any other amendment, a man- Bridgers, Inspector General; and Mark Gebicke, Di- ager’s amendment offered by Representative Smith of rector, Military Operations and Capabilities Issues, Oregon or his designee, which is printed in the National Security and International Affairs Division, Rules Committee report, is debatable for 10 minutes GAO. equally divided between the proponent and an oppo- U.S./CHINA RELATIONS AND HUMAN nent, is not subject to a demand for a division of the RIGHTS question, and if adopted will be considered as part Committee on International Relations: Subcommittee on of the base text. The rule provides priority recogni- International Operations and Human Rights held a tion to members who pre-print their amendments in hearing on U.S./China Relations and Human Rights: the Congressional Record. The rule also allows the Is Constructive Engagement Working? Testimony Chairman of the Committee of the Whole to post- was heard from public witnesses. pone votes during consideration of the bill, and to reduce votes to five minutes on a postponed question AMENDMENT—RESTORING RELIGIOUS if the vote follows a fifteen minute vote. Finally, the FREEDOM rule provides one motion to recommit with or with- Committee on the Judiciary: Subcommittee on the Con- out instructions. Testimony was heard from Rep- stitution approved for full Committee action amend- resentatives Smith of Oregon, Chenoweth, and ed H.J. Res 78, proposing an amendment to the Vento. October 28, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1159 NUCLEAR WASTE POLICY ACT OF 1997 provides that after the motion to strike out the en- Committee on Rules: Granted, by voice vote, a struc- acting words of the bill (as described in clause 7 of tured rule on H.R. 1270, Nuclear Waste Policy Act rule XXIII) has been rejected, the Chairman may not of 1997, providing one hour of general debate equal- entertain another such motion during the further ly divided and controlled by the chairman and rank- consideration of the bill. The rule provides one mo- ing minority member of the Committee on Com- tion to recommit with or without instructions. Fur- merce and twenty minutes of general debate equally ther, the rule waives points of order against consider- divided and controlled by the chairman and ranking ation in the House of S. 104 for failure to comply minority member of the Committee on Resources. with section 306 of the Congressional Budget Act of The rule waives points of order against consideration 1974 (requiring provisions in the jurisdiction of the of the bill for failure to comply with section 306 of Committee of the Budget to be referred to or re- the Congressional Budget Act of 1974 (requiring ported by the Committee on the Budget). The rule provisions in the jurisdiction of the Committee of provides for the consideration of a motion to strike the Budget to be referred to or reported by the all after the enacting clause of S. 104 and to insert Committee on the Budget). The rule provides for in lieu thereof the provisions of H.R. 1270, as consideration of the bill for amendment under the passed by the House. Finally, the rule provides that five minute rule. The rule provides for the consider- upon the adoption of the motion and the Senate bill ation of the amendment in the nature of a substitute as amended, it is in order to move that the House recommended by the Committee on Commerce as an insist on its amendment to S. 104 and request a con- original bill for the purpose of amendment. The rule ference thereon. waives points of order against the committee amendment in the nature of a substitute for failure to com- SIGNATURES IN A DIGITAL AGE ply with clause 5(a) of rule XXI (prohibiting appro- Committee on Science: Subcommittee on Technology priations in authorization measures) and section 306 held a hearing on Do You Know Who You Are of the Congressional Budget Act of 1974 (requiring Doing Business With? Signatures In a Digital Age. provisions in the jurisdiction of the Committee of Testimony was heard from Andrew J. Pincus, Gen- the Budget to be referred to or reported by the eral Counsel, Department of Commerce; and public Committee on the Budget). The rule also provides, witnesses. notwithstanding clause 5(c) of rule XXIII (relating to motions to strike unfunded mandates), for consid- MISCELLANEOUS MEASURES eration of only those amendments printed in the re- Committee on Transportation and Infrastructure: Sub- port of the Committee on Rules and that these committee on Public Buildings and Grounds ap- amendments may only be offered in the order listed proved for full Committee action the following: in the report and only by the Member designated in H.R. 623, to amend the Public Buildings Act of the report, shall be considered as read, shall be de- 1959 concerning the calculation of public building batable for the time specified in the report equally transactions; H.R. 2118, amended, Ban on Smoking divided and controlled by a proponent and an oppo- in Federal Buildings Act; General Services Adminis- nent, shall not be subject to amendment and shall tration Improvement Act of 1997; 10 leasing resolu- not be subject to a demand for a division of the tions; three amendments to previously approved reso- question in the House or in the Committee of the lutions; and one repair and alteration resolution. Whole. The rule waives points of order against the last amendment printed in the Rules Committee re- IMPACTS OF SUBSTANCE ABUSE— port for failure to comply with clause 5(a) of rule FAMILIES RECEIVING WELFARE XXI (prohibiting appropriations in authorization Committee on Ways and Means: Subcommittee on measures) and section 306 of the Congressional Human Resources held a hearing on protecting chil- Budget Act of 1974 (requiring provisions in the ju- dren from the Impacts of Substance Abuse on Fami- risdiction of the Committee of the Budget to be relies Receiving Welfare. Testimony was heard from ferred to or reported by the Committee on the Representative Rangel; Jane Ross, Director, Income Budget). The rule allows the Chairman of the Com- Security Issues, GAO; and public witnesses. mittee of the Whole to reduce the voting time on any postponed question to five minutes provided EMPOWERMENT ZONE—ENTERPRISE that that vote follows a fifteen minute vote. The rule COMMUNITY PROGRAM provides that after a motion that the Committee rise Committee on Ways and Means: Subcommittee on has been rejected on a day, the Chairman may enter- Oversight held a hearing on the performance of the tain another such motion on that day only if offered Empowerment Zone/Enterprise Community Pro- by the Majority Leader or his designee. The rule also gram. Testimony was heard from Representatives D1160 CONGRESSIONAL RECORD — DAILY DIGEST October 28, 1997 Rangel and Hinchey; John Karl Scholz, Deputy As- ginia, to be an Assistant Secretary of the Treasury, 10 sistant Secretary, Tax Analysis, Department of the a.m., SD–215. Treasury; Howard Glaser, Acting General Counsel Committee on Foreign Relations, to hold hearings on the and Deputy General Counsel, Department of Hous- nominations of Amy L. Bondurant, of the District of Co- ing and Urban Development; Stanley J. Czerwinski, lumbia, to be Representative of the United States of Associate Director, Housing and Community Devel- America to the Organization for Economic Cooperation opment, GAO; Dick Posthumus, member, Senate, and Development, with the rank of Ambassador, Terrence J. Brown, of Virginia, to be Assistant Administrator for State of Michigan; Karl Schmoke, Mayor, Baltimore, Management, Thomas H. Fox, of the District of Colum- Maryland; Paul D. Fraim, Mayor, Norfolk, Virginia; bia, to be an Assistant Administrator for Policy and Pro- and public witnesses. gram Coordination, and Harriet C. Babbitt, of Arizona, f to be Deputy Administrator, all of the Agency for Inter- national Development, and Kirk K. Robertson, of Vir- COMMITTEE MEETINGS FOR ginia, to be Executive Vice President of the Overseas Pri- WEDNESDAY, OCTOBER 29, 1997 vate Investment Corporation, all of the Department of (Committee meetings are open unless otherwise indicated) State, 11 a.m., SD–419. Full Committee, to hold hearings on the nominations Senate of Joseph A. Presel, of Rhode Island, to be Ambassador Committee on Appropriations, Subcommittee on Energy to the Republic of Uzbekistan, Stanley Tuemler Escudero, and Water Development, to hold hearings to examine the of Florida, to be Ambassador to the Republic of Azer- maintenance of the U.S. nuclear weapons stockpile with- baijan, B. Lynn Pascoe, of Virginia, for the rank of Am- out testing, 2:30 p.m., SD–124. bassador during his tenure of service as Special Negotiator Committee on Banking, Housing, and Urban Affairs, Sub- for Nagorno-Karabakh, Steven Karl Pifer, of California, to committee on Securities, to hold oversight hearings on se- be Ambassador to Ukraine, Kathryn Linda Haycock curities litigation abuses, 10 a.m., SD–538. Proffitt, of Arizona, to be Ambassador to the Republic of Committee on the Budget, to hold hearings to examine Malta, James Catherwood Hormel, of California, to be U.S. policy implications for NATO enlargement, Euro- Ambassador to Luxembourg, David B. Hermelin, of pean Union expansion and the European Monetary Union, Michigan, to be Ambassador to Norway, Lyndon Lowell 10 a.m., SD–608. Olson, Jr., of Texas, to be Ambassador to Sweden, and Committee on Commerce, Science, and Transportation, Sub- Gerald S. McGowan, of Virginia, to be Ambassador to committee on Oceans and Fisheries, to hold hearings to the Republic of Portugal, 2 p.m., SD–419. examine the future of the National Oceanic and Atmos- Full Committee, to hold joint hearings with the Unit- pheric Administration Corps, and S. 877, to disestablish ed States Senate Caucus on International Narcotics Con- the National Oceanic and Atmospheric Administration trol, to examine United States-Mexican cooperation in ef- Corps of Commissioned Officers, 9:30 a.m., SR–253. forts to combat drugs, 2 p.m., SD–106. Full Committee, to hold hearings on S. 943 and H.R. Committee on Governmental Affairs, to resume hearings to 2005, bills to revise Federal aviation law to declare that examine certain matters with regard to the committee’s nothing in such law or in the Death on the High Seas special investigation on campaign financing, 10 a.m., Act shall affect any remedy existing at common law or SH–216. under State law with respect to any injury or death aris- Committee on the Judiciary, Subcommittee on Antitrust, ing out of any aviation incident occurring on or after Jan- Business Rights, and Competition, to hold hearings to uary 1, 1995, 2 p.m., SR–253. examine antitrust implications of the proposed settlement Committee on Energy and Natural Resources, Subcommittee between the State Attorneys General and tobacco compa- on National Parks, Historic Preservation, and Recreation, nies to mandate a total reformation and restructuring of to hold hearings on S. 638, to provide for the expeditious completion of the acquisition of private mineral interests how tobacco products are manufactured, marketed, and within the Mount St. Helens National Volcanic Monu- distributed in America, 10 a.m., SD–226. ment mandated by the 1982 Act that established the Full Committee, to hold hearings on pending nomina- monument, 2 p.m., SD–366. tions, 2 p.m., SD–226. Committee on Environment and Public Works, business Committee on Indian Affairs, to hold hearings on S. meeting, to consider pending calendar and committee 1077, to amend the Indian Gaming Regulatory Act, 9:30 business, 9:30 a.m., SD–406. a.m., SD–106. Committee on Finance, to hold hearings on the nominations of David L. Aaron, of New York, to be Under Sec- House retary of Commerce for International Trade, Mary Ann Committee on Agriculture, hearing on H.R. 2534, Agri- Cohen, of California, to be a Judge of the United States cultural Research Extension and Education Reauthoriza- Tax Court, Margaret Ann Hamburg, of New York, to be tion Act of 1997, 9:30 a.m., 1300 Longworth. an Assistant Secretary of Health and Human Services, Subcommittee on Risk Management and Specialty Stanford G. Ross, of the District of Columbia, to be a Crops, hearing on the Review of the Commodity Futures Member of the Social Security Advisory Board, Social Se- Trading Commission’s Government Performance Results curity Administration, and David W. Wilcox, of Vir- Act Report, 1 p.m., 1302 Longworth. October 28, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1161

Committee on Appropriations, Subcommittee on Interior, tion Act; H.R. 429, NATO Special Immigration Amend- hearing on Park Service Housing and Construction, 10 ments of 1997; H.J. Res. 91, granting the consent of a.m., B–308 Rayburn. Congress to the Apalachicola-Chattahoocee-Flint River Subcommittee on Labor, Health and Human Services, Basin Compact; H.J. Res. 92, granting the consent of and Education, hearing on Child Health, 10:00 a.m., and Congress to the Alabama-Cossa Tallapoose River Basin 1:30 p.m., 2358 Rayburn. Compact; H.J. Res 95, granting the consent of Congress Committee on Commerce, Subcommittee on Oversight and to the Chickasaw Trail Economic Development Compact; Investigations, hearing on Medicare Home Health, 10:30 H.J. Res 96, granting the consent and approval of Con- a.m., 2322 Rayburn. gress for the State of Maryland, the Commonwealth of Subcommittee on Telecommunications, Trade, and Virginia, and the District of Columbia to amend the Consumer Protection, hearing and markup of H.R. 2691, Washington Metropolitan Area Transit Regulation Com- National Highway Traffic Safety Administration Reau- pact; and private immigration bills, 10 a.m., 2141 Ray- thorization Act of 1997; and to markup H.R. 2369, burn. Wireless Privacy Enhancement Act of 1997, 10:30 a.m., Committee on Resources, hearing on the following bills: 2123 Rayburn. H.R. 100, Guam Commonwealth Act; H.R. 2370, Guam Committee on Education and the Workforce, Subcommittee Judicial Empowerment Act of 1997; and S. 210, to on Oversight and Investigations, hearing on the American amend the Organic Act of Guam, the Revised Organic Worker at a Crossroads Project, ‘‘Future of Work in Act of the Virgin Islands, and the Compact of Free Asso- America’’, 10:30 a.m., 2175 Rayburn. ciation Act, 10 a.m., 1324 Longworth. Committee on Government Reform and Oversight, Sub- Committee on Rules, to consider H.R. 2616 Charter committee on Human Resources, will meet to consider an Schools Amendments Act of 1997 and H.R. 2746, Help- oversight report on Persian Gulf War veterans’ illnesses, ing Empower Low-income Parents (HELP) Scholarships 10 a.m., 2154 Rayburn. Amendments of 1997, 1:30 p.m., H–313 Capitol. Committee on International Relations, hearing on Recent Committee on Science, hearing on Science, Math, Engi- Developments in Europe, 10 a.m., 2172 Rayburn. neering, and Technology Education (SMET) in America— Subcommittee on Asia and the Pacific, to markup the Collaboration and Coordination of Federal Agency Efforts following measures: a resolution Congratulating the Asso- in SMET K–12 Education, 10 a.m., 2318 Rayburn. ciation of Southeast Asian Nations (ASEAN) on the occasion of its 30th Anniversary; H. Con. Res. 172, express- Committee on Small Business, hearing on SBA implemen- ing the sense of Congress in support of efforts to foster tation of the Results Act, 11 a.m., 2360 Rayburn. friendship and cooperation between the United States and Committee on Transportation and Infrastructure, to markup Mongolia; H. Res. 231, urging the President to make the following: H.R. 2626, to make clarifications to the clear to the Government of the Socialist Republic of Viet- Pilot Records Improvement Act of 1996; H.R. 2476, to nam the commitment of the American people in support amend title 49, United States Code, to require the Na- of democracy and religious and economic freedom for the tional Transportation Safety Board and individual foreign people of the Socialist Republic of Vietnam; a resolution air carriers to address the needs of families of passengers relating to the recent developments toward normalization involved in aircraft accidents involving foreign air car- of relations between India and Pakistan; and H. Con. Res. riers; Water Resources Survey Resolution; and impending 156, expressing concern for the continued deterioration of GSA resolutions, 10 a.m., 2167 Rayburn. human rights in Afghanistan and emphasizing the need Subcommittee on Water Resources and Environment, for a peaceful political settlement in that country, 2 p.m., hearing on superfund reauthorization and reform propos- 2172 Rayburn. als, 1 p.m., 2167 Rayburn. Committee on the Judiciary, to markup the following: H.R. 1023, Ricky Ray Hemophilia Relief Fund Act of Joint Meetings 1997; H.R. 1753, to provide for the establishment of not Joint Economic Committee, to hold hearings to examine less than 2,500 Boys and Girls Clubs of America facilities the role of monetary policy in a healthy economic expan- by the year 2000; H.R. 2460, Wireless Telephone Protec- sion, 10 a.m., SD–G50. D1162 CONGRESSIONAL RECORD — DAILY DIGEST October 28, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Wednesday, October 29 10 a.m., Wednesday, October 29

Senate Chamber House Chamber Program for Wednesday: Senate will consider the nom- Program for Wednesday: Consideration of H.R. 1270, ination of William E. Kennard, of California, to be a Nuclear Waste Policy Act (structured rule, 1 hour and 20 Member of the Federal Communications Commission, minutes of general debate); with a vote to occur thereon, following which Senate may Motion to instruct conferees on H.R. 2267, Commerce, consider the conference report on H.R. 1119, National Justice, State, Judiciary Appropriations Act; Defense Authorizations. Consideration of H.R. 2493, Forage Improvement Act (modified open rule, 1 hour of general debate); and Vote on suspensions debated on Tuesday, October 28.

Extensions of Remarks, as inserted in this issue

HOUSE Hill, Rick, Mont., E2100 Rothman, Steve R., N.J., E2110 Kelly, Sue W., N.Y., E2103 Roukema, Marge, N.J., E2101, E2105 Ackerman, Gary L., N.Y., E2098 Kind, Ron, Wisc., E2105 Ryun, Jim, Kans., E2105 Barcia, James A., Mich., E2109 Kucinich, Dennis J., Ohio, E2107 Saxton, Jim, N.J., E2109 Combest, Larry, Tex., E2099 Lowey, Nita M., N.Y., E2106 Schaffer, Bob, Colo., E2103 Davis, Thomas M., Va., E2099 Menendez, Robert, N.J., E2108 Serrano, Jose´ E., N.Y., E2102 DeGette, Diana, Colo., E2106 Morella, Constance A., Md., E2102 Skelton, Ike, Mo., E2109 Dellums, Ronald V., Calif., E2098 Ney, Robert W., Ohio, E2109 Solomon, Gerald B.H., N.Y., E2108 Deutsch, Peter, Fla., E2102 Norton, Eleanor Holmes, D.C., E2107 Stark, Fortney Pete, Calif., E2097, E2101, E2104 Edwards, Chet, Tex., E2105 Pascrell, Bill, Jr., N.J., E2097, E2100 Talent, James M., Mo., E2099 Frank, Barney, Mass., E2098 Rangel, Charles B., N.Y., E2099 Young, Don, Alaska, E2108 Gilman, Benjamin A., N.Y., E2101, E2104 Ros-Lehtinen, Ileana, Fla., E2100

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