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

Vol. 144 WASHINGTON, WEDNESDAY, OCTOBER 14, 1998 No. 146 House of Representatives The House met at 10 a.m. and was We are taught in Your word, O God, THE JOURNAL called to order by the Speaker pro tem- that we should come into Your pres- The SPEAKER pro tempore. The pore (Mr. BLUNT). ence with joy and singing. And yet we Chair has examined the Journal of the f know too that there are places and last day’s proceedings and announces DESIGNATION OF THE SPEAKER times when people do not sing and to the House his approval thereof. PRO TEMPORE there is no joy. Our petition to You, Pursuant to clause 1, rule I, the Jour- The SPEAKER pro tempore laid be- gracious God, is that You would show nal stands approved. fore the House the following commu- us the marvelous vision of Your eternal nication from the Speaker: grace, so we would see more clearly the f WASHINGTON, DC, power and presence of charity and October 14, 1998. kindness, of love and appreciation, of PLEDGE OF ALLEGIANCE I hereby designate the Honorable ROY esteem and respect. Remind us always, The SPEAKER pro tempore. Will the BLUNT to act as Speaker pro tempore on this day. O God, that whatever we are doing or gentleman from South Dakota (Mr. NEWT GINGRICH, wherever we are we can show forth a THUNE) come forward and lead the Speaker of the House of Representatives. spirit that reflects these virtues. May House in the Pledge of Allegiance. f Your benediction of joy and peace, of Mr. THUNE led the Pledge of Alle- giance as follows: PRAYER love and grace be with all Your people, now and evermore. Amen. I pledge allegiance to the Flag of the The Chaplain, Rev. James David United States of America, and to the Repub- FORD, D.D., offered the following pray- lic for which it stands, one nation under God, er: indivisible, with liberty and justice for all.

N O T I C E If the 105th Congress adjourns sine die on or before October 16, 1998, a final issue of the Congressional Record for the 105th Congress will be published on October 28, 1998, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT±60 or S±123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through October 27. The final issue will be dated October 28, 1998, and will be delivered on Thursday, October 29. If the 105th Congress does not adjourn until a later date in 1998, the final issue will be printed at a date to be an- nounced. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Records@Reporters''. Members of the House of Representatives' statements may also be submitted electronically on a disk to accompany the signed statement and delivered to the Official Reporter's office in room HT±60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512±0224, be- tween the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. JOHN W. WARNER, Chairman.

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H10835

. H10836 CONGRESSIONAL RECORD — HOUSE October 14, 1998 ANNOUNCEMENT BY THE SPEAKER EDUCATION POP QUIZ EDUCATION FUNDING FROM PRO TEMPORE (Mr. BOB SCHAFFER of Colorado REPUBLICAN PERSPECTIVE The SPEAKER pro tempore. The asked and was given permission to ad- (Mr. GIBBONS asked and was given Chair will entertain 15 one-minutes on dress the House for 1 minute and to re- permission to address the House for 1 either side. vise and extend his remarks.) minute and to revise and extend his re- Mr. BOB SCHAFFER of Colorado. marks.) f Mr. Speaker, it is time for a pop quiz. Mr. GIBBONS. Mr. Speaker, every HUMPTY DUMPTY Parents, teachers and local educators, year Republicans have been in charge get out your number two pencils. we have increased spending on public (Mr. PITTS asked and was given per- Question number one: Who do you schools. The gentleman knows this. mission to address the House for 1 trust more when it comes to educating But yet he says something differently. minute and to revise and extend his re- your kids? The strength of America’s future de- marks.) A. Yourselves. pends upon the education of our chil- Mr. PITTS. Mr. Speaker, it is time B. Washington bureaucrats. dren, not the Washington bureaucracy. for a nursery rhyme for the kids in the Question number two: Who should de- Republicans have offered an education White House: cide whether your school district needs plan that would send $1.1 billion to our ‘‘Humpty Dumpty sat on a wall. more teachers, more books, more com- local school districts. This Republican Humpty Dumpty had a great fall.’’ puters or more funds for school con- education plan would empower our Mr. Speaker, back when this nursery struction? local communities to hire new teachers rhyme was written, when kings were A. Yourselves. if they see fit, to reduce class sizes, to sovereign and people were subjects, it B. Washington bureaucrats. train special education teachers, to was a revolutionary concept to say Question number three: Who has a test teacher competency, purchase that we the people are sovereign and better understanding of the individual more books and supplies and allow for that government officials are subject needs of each student in your school? school repairs. to the rule of law like all other citi- A. Yourselves. Mr. Speaker, every Member of this zens. B. Washington bureaucrats. body on both sides of the aisle should In America, the President is not a Okay. Time is up. Put down your agree with the intent of this plan. The king. In America, no man has more pencils. main difference boils down to this: How rights because he has more money, Mr. Speaker, parents, teachers and should we deliver the money. The beau- more property or higher position. All local educators, if you answered ty of the Republican plan is local con- are equal before the law. All are sub- ‘‘Washington bureaucrats’’ to any of trol. This means 100 percent of this ject to the law. And when a man vio- these questions, then the new $1 billion money will go directly to the class- lates the law, he must answer to the Republican education plan for your rooms, I repeat, directly to the class- law and not opinion polls. classrooms is not for you. rooms, not to the fat-cat Federal bu- ‘‘And all the king’s horses and all the reaucrats or hollow Federal programs. f king’s men couldn’t put Humpty Republicans believe education is best Dumpty together again.’’ EDUCATION FUNDING FROM accomplished on a local level and deci- Today all the king’s men are still DEMOCRATIC PERSPECTIVE sions should be made on the local level. trying to put Humpty back together in f one piece, but falling and breaking the (Mr. PALLONE asked and was given law has consequences in America even permission to address the House for 1 PINK SLIPS TO AMERICAN WORK- for a man who thinks he is above the minute.) ERS WHILE WASHINGTON BAILS law. Mr. PALLONE. Mr. Speaker, I lis- OUT ASIA AND BRAZIL tened to my Republican colleague who (Mr. TRAFICANT asked and was f just spoke and I have to say that he es- given permission to address the House sentially is not indicating what has ON GAY STUDENT MURDER for 1 minute and to revise and extend happened here in the last 2 years with his remarks.) (Mr. RUSH asked and was given per- the Republican effort to slash funding Mr. TRAFICANT. Mr. Speaker, Mer- mission to address the House for 1 for public education, with the sugges- rill Lynch just cut 3,000 jobs. minute and to revise and extend his re- tion that we abolish the Department of Ameritech cut 5,000 jobs. Raytheon cut marks.) Education and with the opposition to 14,000 jobs. Motorola cut 15,000 jobs. Mr. RUSH. Mr. Speaker, I rise today the two Democratic initiatives that we AT&T cut 20,000 jobs. Boeing cut 30,000 compelled to speak out about the mur- insist be included in this budget before jobs. Jobs lost. Jobs lost. And Japan, der of 21-year-old Matthew Shepard. we go home. That is, 100,000 new teach- Russia, Brazil and Korea are destroy- This college freshman was kidnapped, ers across the country and money to ing our steel industry and getting away robbed, savagely beaten and then tied modernize and upgrade our schools. with it. Illegal trade, getting away to a fence in near-freezing tempera- Democrats and President Clinton with it. tures, left to die. And why? Because of want the local school boards to make Unbelievable, ladies and gentlemen. his sexual orientation. the decisions about who to hire and While Washington is bailing out Asia Unfortunately, Matthew is not alone. how to fix their buildings and how to and Brazil, American workers are get- FBI statistics reveal that sexual ori- go out to bond, but we also know that ting the pink slips because of in fact il- entation played a role in over 1,000 those school districts do not have the legal trade from people we are giving hate crimes recorded in 1996. This be- money, they do not have the local loans to. havior cannot be tolerated. Legislation property taxes to pay for those new ini- Beam me up. We were not elected to must be passed to increase the penalty tiatives. They cannot hire extra teach- the United Nations. We were elected to for crimes committed because of sexual ers, they cannot renovate the school the Congress of the United States and orientation. buildings because they do not have the Congress should take care of America Today, I join my voice with thou- dollars. first, before there is not a job left here. sands of Americans who are outraged Democrats are pushing this Repub- I yield back the balance of any jobs and who are calling for their elected lican leadership kicking and screaming left in this country. leadership to do just that, just lead. As to the point over the next few days f a cosponsor of the Hate Crimes Preven- where hopefully we will have the fund- tion Act of 1998, I know that we have ing available for those local school dis- REPUBLICANS WANT MORE legislation that addresses this issue. tricts. Those local school districts will SPECIAL ED TEACHERS We have a responsibility to pass this decide how the money is spent, but (Mr. BLUNT asked and was given legislation. How can we do anything right now they do not have the money permission to address the House for 1 less? because this Republican leadership minute and to revise and extend his re- Pass the bill and pass the bill now. wants to slash education funding. marks.) October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10837 Mr. BLUNT. Mr. Speaker, we have WORD TO LIBERALS: GO HOME REPUBLICANS DEMAND ACCOUNT- heard here again this morning that AND DO SOME REAL WORK ABILITY FOR EDUCATION DOL- this Congress and the Congress before LARS (Mr. THUNE asked and was given it has not appropriated money for edu- (Mr. BALLENGER asked and was cation when in fact we have appro- permission to address the House for 1 minute.) given permission to address the House priated more money every year than for 1 minute.) the year before. So much of the debate Mr. THUNE. Mr. Speaker, I have a Mr. BALLENGER. Mr. Speaker, the about education in the Congress is suggestion to all my friends on the President, as the gentleman said, about who controls the money and other side of the aisle who think that wants 100,000 new teachers. I am op- about whether the Federal Government we are not spending enough time here posed to giving the Federal Govern- is going to keep its word to local in Washington. Do what some of the ment any more power over local school districts. rest of us do. Go home and do some real schools. But I am willing to com- Any time I am in the Seventh Dis- work. Find out what is going on in promise. So I would like to say some- trict in Missouri and ask an educator your local communities and your thing that might surprise my Demo- what is their biggest problem with the schools. Go home and work on a Habi- crat colleagues. I am willing to accept Federal Government, they always say, tat for Humanity house or something the President’s proposal to hire 100,000 ‘‘Special education mandates.’’ When like that. new teachers but the President must we mandated special education, we said I know our liberal friends think it is then agree to test them for competence we would provide 40 percent of the important that we spend more time in and he must also agree to discharge money. At the beginning of the 104th Washington. We do not define good them for incompetence. Congress, we were providing 6 percent. government by how much time we Uh-oh, I am just guessing, but sud- Now we are providing 12 percent. spend here creating new bureaucracies, denly the President may not be so en- hiring new bureaucrats, raising taxes, thusiastic about his idea for 100,000 new Part of the debate about teachers is teachers. The special interests who whether some of those teachers could or how many bills we pass. We define good government by how much power currently protect incompetent teachers be special education teachers and help at all costs would go ballistic and find us get to what we have promised local we give back to communities and to people in this country, hardworking a way to block the proposal. Suddenly districts we could do. But, no, that is the talk about education and the chil- not good enough. We have to tell local Americans. We are doing what we can to free up Americans to make a dif- dren would end because a proposal with districts exactly what classes those more Federal dollars that demanded teachers should be in and special edu- ference in their communities. That is where the real work is getting done. I accountability for those dollars would cation would not be one of them unless be automatically unacceptable. we prevail in this debate about edu- invite my liberal colleagues to go home and check it out. So how many on the other side would cation. be willing to take up my proposal? f f f b 1015 ROLE OF EDUCATION IN ONGOING DEMOCRATS KEEP REPUBLICANS EDUCATION IS TOO IMPORTANT TO BUDGET BATTLE IN TOWN TO FUND EDUCATION LEAVE THE FEDERAL GOVERN- MENT OUT OF IT (Mr. GREEN asked and was given (Mr. DEFAZIO asked and was given (Mr. ALLEN asked and was given permission to address the House for 1 permission to address the House for 1 permission to address the House for 1 minute and to revise and extend his re- minute.) minute and to revise and extend his re- marks.) Mr. DEFAZIO. Day 111 of this Con- marks.) gress. This Congress has worked 111 Mr. GREEN. Mr. Speaker, public edu- Mr. ALLEN. Mr. Speaker, we hear a days this year. The average American cation is a local responsibility but a lot of talk these days about the edu- has worked 202 days so far this year. national concern. We have provided cation proposals that the Democrats more police on the street to make our The Republican majority is being held are fighting for, and those on the other neighborhoods safe. Now, let us go the against its will in Washington, D.C. side of the aisle say it is a matter of next step and spend it smarter by pro- They wanted to adjourn last Saturday federal control versus local control. viding 100,000 new teachers to make our after 108 days of work. Because so far Democrats, they say, want federal con- country stronger and hopefully not as they were concerned, their job was trol. They made the same arguments have to provide more police on the done. They had served the special in- when we tried to get 100,000 police on street. Let us help local public schools terests. They had killed insurance in- the streets of this country, and that is and parents have smaller classes to dustry HMO reform, they had killed for local control. It may be federal money, teach and mentor those children so we the tobacco industry cessation of teen- but it is local control, and that is what do not need those 100,000 new police of- age smoking, and they had served Wall Democrats are arguing for now. ficers in the next generation. Street very well. Education is simply too important in My Republican friends oppose the When they wanted to adjourn last this country to leave it to someone new 100,000 teachers and the smaller Saturday, there were zero dollars for else. We all have to participate. We all class sizes. In fact one of their Mem- the after-school programs, zero dollars have to participate in fighting crime, bers was quoted a few months ago as for the school-to-work program, zero and that is what we did when we asked saying that public education is a relic dollars for new teachers. Today be- for 100,000 new police on the streets, of communism. Well, my district does cause the President and the Democrat and we got them in every district not share that. More than 90 percent of minority kept them in town to work around this country. Now what we are my children go to public schools. just a few more days, they might even saying is education is too important to put in 115 days this year, those pro- leave the federal government out of it. My Republican friends brought a bill grams are funded and now they want to The public servants who work for this to the floor, the Labor-HHS appropria- say, ‘‘Well, it is really about how we government, for the state government tions bill about 2 weeks ago that would want to spend the money, that billion and the local governments have to join cut first Goals 2000, which is a block dollars on the new teachers. It is about together. grant, 51 percent; cut School-to-Work local control.’’ That is not the point. Mr. Speaker, we need support for 40 percent; cut American Reads Chal- They did not want to spend a penny on 100,000 new teachers in this country. lenge 100 percent; cut summer youth these new education programs. It is That is what we are fighting for as jobs 100 percent. very clear. You wanted to adjourn Democrats right now, and we are not Where are the priorities they have without one cent additional for edu- going home until we have that as part for education? cation. of this agenda. There has been plenty H10838 CONGRESSIONAL RECORD — HOUSE October 14, 1998 of time in this Congress for votes on dresses both of these problems. We still and allow our kids to succeed. Just as vouchers, but this issue has not come have time, Mr. Speaker, to make sure more cops has meant more safety for up before. American children, we can make sure our families, more teachers means a f that they are fed and that they are better education for our kids. learning, but time is rapidly falling f RETINAL DEGENERATIVE DIS- aside. EASES TAKING THE SIGHT OF SUPPORT FUNDING FOR SPECIAL f MILLIONS OF AMERICANS EDUCATION (Ms. ROS-LEHTINEN asked and was DEMOCRATS’ SILENCE ON ILLE- (Mr. BASS asked and was given per- given permission to address the House GAL CAMPAIGN CONTRIBUTIONS mission to address the House for 1 for 1 minute and to revise and extend SPEAKS VOLUMES minute.) her remarks and include therein extra- (Mr. HEFLEY asked and was given Mr. BASS. Mr. Speaker, 25 years ago neous material.) permission to address the House for 1 the Congress passed the Individuals Ms. ROS-LEHTINEN. Mr. Speaker, minute.) with Disability Education Act, and every day I look around me at all the Mr. HEFLEY. Mr. Speaker, one can contained therein was a mandate that beautiful things I am lucky enough to tell an awful lot about people by what the Federal Government should supply see, the faces of the people I love, the they do not talk about. How many 40 percent of the funding to teach dis- words on the pages of a book I read, times have we heard Members of the abled children. To date we have broken and I think of the living angels who are other side express their shock, outrage the record at 12 percent. working to help me and my sister and or even curiosity about why 79 wit- Mr. Speaker, let me suggest to my brother keep this most precious gift of nesses have taken the Fifth Amend- colleagues that in the course of these all, our sight. ment in connection with the campaign negotiations Republicans and Demo- As I read the note that Ilana Lidsky finance investigation? Again I ask is crats should join together and urge the sent to me, I thought of how blessed there not a single Democrat who is budget negotiators to fulfill the un- Ilana’s, Carlos and Betti Lidsky, are to even curious about why 79 witnesses funded mandate for special education have such caring and brave children have taken the Fifth? Anyone? Anyone because fulfilling that unfunded man- who in the midst of adversity see the at all? In addition, 12 witnesses have date will not only help teachers, but it value of all that is truly important in fled the country, 23 foreigners have re- will help school administrators, it will life. Ilana, Daria and Isaac Lidsky, fused to be interviewed. help principals, it will help parents, it will help taxpayers, and most impor- three of Carlos and Betti’s children are What does that say about the ethics tantly, it will help the children of afflicted with retinal degenerative dis- of the Democrat party? Would the party of Andrew Jackson, FDR and America. eases, a group of diseases with no cur- Let us get together and agree on Harry Truman have remained silent in rent treatment which is taking the something that Republicans and Demo- the face of all this evidence of illegal sights of millions of Americans who, crats can move forward on. Let us put like the Lidsky children, have great campaign contributions from a Com- more money into special education be- hopes and dreams for their future. munist Nation? Is that what the Demo- cause it helps the entire educational While we work toward a cure, Mr. cratic party has become? Is there not a system across this country. Speaker, we can learn much from the single statesmen left in the entire I urge my colleagues to call my office Lidskys about courage, hope and un- party? Does not the Democratic party and join me in urging the negotiators conditional love. They exemplify lov- even want to know if foreign policy de- to support special education when it ing what is truly precious about having cisions were sold for campaign con- really counts, and it counts today. a loving family that recognizes, as tributions? Their silence, Mr. Speaker, f Betti Lidsky once wrote to me, that in speaks volumes. spite of the challenges life is most f DEMOCRATS CONTINUE THE FIGHT beautiful. For the Lidskys and the mil- FOR OUR CHILDREN AND PUBLIC MORE TEACHERS MEANS A BET- lions of Americans who, like them, SCHOOLS TER EDUCATION FOR OUR KIDS wait for a cure, let us do all we can to (Mr. EDWARDS asked and was given help them in this battle. (Ms. DELAURO asked and was given permission to address the House for 1 f permission to address the House for 1 minute and to revise and extend his re- minute and to revise and extend her re- marks.) WE STILL HAVE TIME marks.) Mr. EDWARDS. Mr. Speaker, the (Mrs. CLAYTON asked and was given Ms. DELAURO. Mr. Speaker, today issue before this House is education, permission to address the House for 1 this do-nothing Congress will try to and the question is which party, the minute.) buy some time to pass a budget that Republican party or Democratic party, Mrs. CLAYTON. Mr. Speaker, eating they had all year long to complete. The best stands up for our Nation’s public and learning are two very important last few days, the Republican leader- schools? functions for the young people of this ship has steadfastly refused to reduce Let me remind the American people, Nation and for my State of North Caro- the size of our classrooms by giving Mr. Speaker, what the Republicans lina, yet both of those functions are local schools, local authority the fund- would have had in the law had it not threatened because this Congress ing that they need to hire 100,000 new been for Democrats. They would have would rather focus on the President teachers. They call it federal intrusion, eliminated the Department of Edu- than to fight for our children. but I tell my colleagues 2 years ago Re- cation, the agency that administers Eating is threatened because we have publicans said that the Cops program Head Start and college student loans. not yet corrected the provision in the was federal intrusion on the local po- They would have stolen money from 1996 farm bill which are driving small lice departments, but when we put public schools where 90 percent of our farmers out of farming. Unless we 100,000 more cops on the street, we kids are educated to subsidize private allow small farmers access to credit, made dangerous neighborhoods safe schools, wealthy private schools in we are threatened with losing almost again. We gave police departments, America’s neighborhoods. They would 57,000 of them. There is still time now local police departments, targeted re- have eliminated title I reading pro- to pass the agriculture appropriation sources so that they could make local grams. They would have reduced fund- bill of year 1999 with the corrected lan- decisions, and it worked. Now what we ing for Head Start. They would have guage. I hold out hope for that. need to do is to do the same thing, to cut school nutrition programs for the Learning is threatened because Con- help our schools in the same way. children of low income working fami- gress has not come to final agreement Mr. Speaker, we need to put 100,000 lies. They would like us to forget that on the problems of overcrowded classes teachers in America’s classrooms. We they tried to throw out funding for and has not addressed the problem of need to reduce the size, give our kids summer youth jobs. They wanted to crumbling schools. There is still time the attention that they need, bring get rid of the Safe and Drug-free to pass education legislation that ad- greater discipline to our classrooms School Program. October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10839 These are the education platform we are still here fighting on a budget b 1030 proposals the Republican party would to make sure that happens. NEA FUNDING FOR OBSCENE PLAY like us to forget. The Democrats will f ‘CORPUS CHRISTI’ continue to fight for our children in DO NOT LEAVE EDUCATION UP TO public schools. (Mr. STEARNS asked and was given THE WASHINGTON BUREAUCRATS f permission to address the House for 1 (Mr. HAYWORTH asked and was minute and to revise and extend his re- WE ARE SAVING MILLIONS OF given permission to address the House marks.) CHILDREN FROM POVERTY for 1 minute and to revise and extend Mr. STEARNS. Mr. Speaker, I was (Mr. GUTKNECHT asked and was his remarks.) deeply disturbed this morning listening given permission to address the House Mr. HAYWORTH. Mr. Speaker, re- to NPR, National Public Radio, regard- for 1 minute and to revise and extend gardless of the rhetoric that is bandied ing a play called Corpus Christi, writ- his remarks.) about on this floor, it would be nice if ten by Terence McNally, playing at the Mr. GUTKNECHT. Mr. Speaker, one everyone here learned a simple lesson Manhattan Theater Club in New York of the central planks of our Contract when they came to the well of the City. This play is a blasphemous, pseu- with America was real welfare reform House. The lesson may not be taught do-creation by homosexuals about the that required work and personal re- that often in school; it should be life of Christ. sponsibility. Three times we passed our taught at home to tell the truth. Now, the first thought I had was, how plan that gave States wide latitude to Now, Mr. Speaker, since the debate much money did the NEA provide? reform their systems. Twice the Presi- centers around numbers, here are some Sure enough, in a letter on June 11, dent vetoed. Our friends on the left important numbers our colleagues 1998, the chairman of the NEA admit- warned of dire consequences. Donna should remember: ted, ‘‘The theater did apply to the NEA Shalala was, quote, visibly shaken Number of days since the last U.S.- for funding to support development of when the President finally signed the U.N. inspection for weapons of mass de- Corpus Christi.’’ It goes on to say, bill. Since then welfare rolls have been struction in Iraq: 71. ‘‘After consideration, the NEA ap- cut by nearly 40 percent. Over 2 million Number of days since the last fund- proved an award of $31,000 to support families have moved off of welfare rolls raiser featuring the President: 2. the development of this play based and onto payrolls. Dependency and de- Number of meaningful educational upon the information provided in the spair have been replaced with hope and initiatives passed by this common application.’’ opportunity. Billions of dollars are sense conservative Congress, vetoed by The NEA now claims the money was being saved, but, more important, we the President of the United States: 7. eventually used for other purposes, but are saving millions of children from Number of Cabinet meetings held in this entire situation further shows that one more generation of poverty. the White House by the President of the NEA still does not get it and uses Mr. Speaker, what a difference a Re- the United States this year: 2, focusing taxpayers’ money to fund questionable publican Congress has made. on his personal problems. projects that are antithetical to our f Mr. Speaker, we need not fall for the values. lure of focus groups. We need to join I call on Bill Ivey, Chairman of the IS THIS WHAT WE WANT FOR OUR sincerely to solve problems and not NEA, to cut off all funding, all funding, KIDS? leave education up to the Washington to the Manhattan Theater Club today. (Mr. MENENDEZ asked and was bureaucrats. f given permission to address the House Remember these numbers as the days WORK IN A BIPARTISAN FASHION for 1 minute and to revise and extend continue. ON IMPROVING EDUCATION his remarks.) f Mr. MENENDEZ. Mr. Speaker, as we (Ms. LOFGREN asked and was given meet here today, hundreds of thou- SCHOOLS NEED FEDERAL ASSIST- permission to address the House for 1 sands of American children are begin- ANCE, NOT FEDERAL CONTROL minute and to revise and extend her re- ning their school days in overcrowded (Mr. STRICKLAND asked and was marks.) classrooms with poor lighting, ceilings given permission to address the House Ms. LOFGREN. Mr. Speaker, we all that are literally crumbling apart, lead for 1 minute and to revise and extend know that we do our best work in gov- pluming systems and barely enough his remarks.) ernment when we work in a bipartisan money for textbooks and basic sup- Mr. STRICKLAND. Mr. Speaker, I matter and we work in partnership plies, and what we, as Democrats, want have here in my hand a cloth filled with each other, and that is why it is to do is to make sure those local school with coal dust sent to me by a prin- so important when we look at funding districts have the opportunity with cipal from a southern Ohio school say- for 100,000 teachers that we do it the federal assistance to leverage and to ing: smart way, that we do it in partner- have their own decision-making to Congressman, this is what our teach- ship, making sure that the funding gets make a difference in those classrooms ers must use to wipe the coal dust from into the classroom. with 100,000 school teachers which they our desks and the computers before our I was in local government for 14 will put in classrooms. We want to students can use them. years and our school board for two make sure that in fact we end up hiring Ohio, Ohio ranks 50 among the States years before that, and I saw a lot of 100,000 school teachers and not spend- in terms of the physical condition of money wasted under programs that ing money on things that will not re- our school buildings, and yet in Ohio were just block granted. Instead, what duce class size or will not improve the we use public tax dollars to build works best is when we set parameters, leaking roof over their head. Mr. sports stadiums. The average school in we hold hands and we work together Speaker, if it were up to Republicans, my district is 46 years old. Students in for the well-being of our country, and they just simply would not support my district go to schools that are un- nothing is more important than having these initiatives. safe. Ten percent do not meet local fire enough teachers to make sure that our Is that what we want for our kids? codes. children get the best education avail- Republicans say stop throwing We need federal assistance, not fed- able and are the best educated children money at the problem. For God’s sake, eral control, but federal assistance to in the world. Our economic future de- Mr. Speaker, it takes money to repair enable our local schools to build, repair pends on it, and really the peace and a roof, it takes money to buy a modern and modernize the schools our children hope for society depends on it. heating system, it takes money to hire attend. I would urge all of us to work with new teachers, and schools like these In Ohio prisoners could not be housed our President to make sure that the can be found in urban, suburban and in some of our school buildings because funding for teachers gets to the class- rural areas alike. the courts would say they were unfit room and not into the administration, Every child deserves a good school for prisoners, and yet we send our stu- as is currently being recommended and and a good education, and that is why dents there. requested by the majority party. H10840 CONGRESSIONAL RECORD — HOUSE October 14, 1998 STATISTICS ON INDEPENDENT TRUSTING LOCAL COMMUNITIES problems that they have in trying to COUNSEL INVESTIGATIONS TO EDUCATE CHILDREN keep up in a rural district with the needs for school construction and (Mr. MICA asked and was given per- (Mr. FOSSELLA asked and was given school renovation. mission to address the House for 1 permission to address the House for 1 These are real problems, whether you minute and to revise and extend his re- minute and to revise and extend his re- are in an urban area, a rural district or marks.) marks.) a suburban area. Our school districts Mr. MICA. Mr. Speaker, quite frank- Mr. FOSSELLA. Mr. Speaker, like all things in public life, in the covenant want help modernizing their buildings ly, I have had it right up to my eye- and building new classrooms. They balls with the rhetoric from the Demo- that exists between the people and their elected officials, the overriding know they can do it in partnership crats and the White House. Now Vice with the Federal Government, with President GORE has the gall to go to issue is trust and credibility. Now, we have heard for the last few them maintaining local control. They my state, Florida, and slam Repub- know we are not about taking away licans for too many investigations. days an attempt by the other side to divert attention away from the fact their local control. Mr. Speaker, this is like Clyde saying f to Bonnie, ‘‘I can’t believe the law con- that we were going to deliver much- tinues to pursue us.’’ needed tax relief for the American peo- LETTING PARENTS AND LOCAL ple, phasing out the marriage penalty He does this as he is under investiga- SCHOOL AUTHORITIES DETER- tax, helping small business owners MINE EDUCATION NEEDS tion by his Attorney General. Then the with health insurance deductibility, (Mr. DICKEY asked and was given Vice President has the audacity to say raising it to 100 percent, and, above all, permission to address the House for 1 that Republicans are dragging their helping farmers across our country. minute and to revise and extend his re- feet on investigations. Now we hear that education is the marks.) Do they think the American people issue. Of course it is the issue. We all Mr. DICKEY. Mr. Speaker, they are and the Congress are fools? When over want to see education improve. But not all liberals, but the Democrats 100 witnesses have either fled the coun- every attempt we have to take the bu- have a position on education that I try or taken the 5th Amendment? The reaucracy out of Washington and bring think needs to be addressed. That is, fact is that more independent counsels it back home to Staten Island, Brook- they keep asking the question, do have been appointed by their Demo- lyn, across the country, we are op- Democrats represent the best for edu- crat-appointed Attorney General for posed. cation, or do Republicans represent the this administration, their administra- We passed education savings ac- best for education? tion, than all the previous in the his- counts to give parents more flexibility tory of the United States. What is wrong with this particular to do what is right for their children, position is that it leaves out the par- The fact is the Independent Counsel not the Washington bureaucrats. law expired in 1992 under President ents and the local school authorities. Threatened by the President, vetoed by This is not a political issue. It is not a Bush. The fact is President Clinton the President. signed into law and 243 Democrats, all question of which party can gain in an Opportunity scholarships for the election by blaming the other person or but two, voted to pass the Independent poorest students in the Washington, Counsel Law, and put these investiga- taking credit for their particular posi- D.C. school system passed this House tion. What it is is a difference in be- tions in place only after their Attorney and Senate, again giving power back to General finds substantial and credible tween what the Democrats want to do parents locally. Vetoed by the Presi- for education and what the local school evidence of wrongdoing. Those are the dent. facts. boards and the parents can do for edu- Let us end the rhetoric. We all want cation. to improve education. The question is f We as conservatives want to step out how do we do it. We say give it back to of the way and point to the local school the people, back to the parents, back districts and to the parents and say it PASS H.R. 3081, THE HATE CRIMES to the teachers. is not a political issue, it is not wheth- PREVENTION ACT f er the Democrat or Republicans are doing the most, it is how we are taking (Mr. MORAN of Virginia asked and PARTNERSHIP WITH THE FED- care of our children. was given permission to address the ERAL GOVERNMENT ON EDU- House for 1 minute and to revise and CATION f extend his remarks.) (Mr. SNYDER asked and was given MAKING EDUCATION IMPROVE- Mr. MORAN of Virginia. Mr. Speak- permission to address the House for 1 MENT A ONE-MONTH-A-YEAR er, history has taught us that un- minute and to revise and extend his re- PRIORITY checked ignorance, intolerance and ha- marks.) (Mr. BROWN of Ohio asked and was tred always yields violence. The fact Mr. SNYDER. Mr. Speaker, I am given permission to address the House that we have not yet learned this les- pleased to hear that the negotiations for 1 minute and to revise and extend son was made strikingly clear this are now concentrated on education as his remarks.) week with the brutal beating and mur- the issue this week before we go back Mr. BROWN of Ohio. Mr. Speaker, in der of Matthew Shepard, a Wyoming to our districts. October of every election year the Re- college student. His killers chose Mat- Let me make two points. Hopefully publican leadership says they support thew only because he was gay. we will get some progress on education public education. The other 11 months Mr. Speaker, incidences of violent in these final days of the budget nego- they try to dismantle the Department crime are in fact decreasing in the tiations. I fear it will be too little to be of Education, they try to cut Head United States, yet FBI statistics show of great help to our districts back Start and school lunches, they try to that this is not so for crimes based on home. weaken the student loan program. sexual orientation. I recently made a tour of one of my Now, for the month before the elec- The time has come to recognize these schools in my district, and I spend a lot tion, Republicans reluctantly say they heinous acts for what they are. They of time visiting schools. The super- want to better fund public education. are hate crimes. The time has come to intendent and principal took me But the issue is this: Should we adopt pass the Hate Crimes Prevention Act. around to show me how they had the Republican plan, which is a blank We should do it today by unanimous parced together these buildings, put check to school administrators, which consent. these buildings together, different will mean more money in bureaucracy, It is tragic that yet another life has ages, poor wiring systems, inadequate more money in central offices, more been lost to ignorance and intolerance. for the technology of the day; science money wasted in school districts, or do How many more will be lost by our si- labs with inadequate utilities, gyms we adopt the democratic plan to put lence? with inadequate air conditioning, the 100,000 teachers in the classroom? October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10841 Mr. Speaker, we should support the (2) CFRA.—The term ‘‘CFRA’’ means the Secretary, the purchaser, CFRA, and each democratic plan. It means more mod- Canyon Ferry Recreation Association, Incor- subsequent owner of each property shall cov- ern schools, it means more teachers, porated, a Montana corporation. enant that the use restrictions to carry out and it means smaller class size. It sim- (3) COMMISSIONERS.—The term ‘‘Commis- subparagraphs (B) and (C) shall— sioners’’ means the Board of Commissioners (i) be appurtenant to, and run, with each ply makes sense. for Broadwater County, Montana. property; and f (4) LEASE.—The term ‘‘lease’’ means a (ii) be binding on each subsequent owner of each property. ANNOUNCEMENT BY THE SPEAKER lease or permit in effect on the date of enact- ment of this Act that gives a leaseholder the (B) ACCESS TO RESERVOIR.— PRO TEMPORE right to occupy a property. (i) IN GENERAL.—The Secretary, the pur- The SPEAKER pro tempore (Mr. (5) LESSEE.—The term ‘‘lessee’’ means— chaser, CFRA, and the subsequent owners of GILLMOR). Pursuant to the provisions (A) the leaseholder of 1 of the properties on each property shall ensure that— of clause 5 of rule I, the Chair an- the date of enactment of this Act; and (I) public access to and along the shoreline (B) the leaseholder’s heirs, executors, and of the Reservoir in existence on the date of nounces that it will postpone further enactment of this Act is not obstructed; and proceedings today on each motion to assigns of the leasehold interest in the prop- erty. (II) adequate public access to and along the suspend the rules on which a recorded (6) MONTANA FISH AND WILDLIFE CONSERVA- shoreline of the Reservoir is maintained. vote or the yeas and nays are ordered TION TRUST.—The term ‘‘Montana Fish and (ii) FEDERAL RECLAMATION LAW.— or on which the vote is objected to Wildlife Conservation Trust’’ means the (I) IN GENERAL.—No conveyance of property under clause 4 of rule XV. Such rollcall Montana Fish and Wildlife Conservation under this Act shall restrict or limit the au- votes, if postponed, will be taken after Trust established under section 7. thority or ability of the Secretary to fulfill debate has concluded on all motions to (7) PROJECT.—The term ‘‘project’’ means the duties of the Secretary under the Act of the Canyon Ferry Unit of the Pick-Sloan June 17, 1902 (32 Stat. 388, chapter 1093), and suspend the rules, but not before 2 p.m. Acts supplemental to and amendatory of today. Missouri River Basin Project. (8) PROPERTY.— that Act (43 U.S.C. 371 et seq.). f (A) IN GENERAL.—The term ‘‘property’’ (II) NO LIABILITY.—The operation of the means 1 of the cabin sites described in sec- Reservoir by the Secretary in fulfillment of CANYON FERRY RESERVOIR the duties described in subclause (I) shall not LEASEHOLD CONVEYANCE tion 4(b). (B) USE IN THE PLURAL.—The term ‘‘prop- result in liability for damages, direct or indi- Mr. HANSEN. Mr. Speaker, I move to erties’’ means all 265 of the properties and rect, to the owner of any property conveyed suspend the rules and pass the bill any contiguous parcels referred to in section under section 4(a) or damages from any loss (H.R. 3963) to establish terms and con- 4(b)(1)(B). of use or enjoyment of the property. (C) HISTORICAL USE.—The Secretary, the (9) PURCHASER.—The term ‘‘purchaser’’ ditions under which the Secretary of purchaser, CFRA, and each subsequent the Interior shall convey leaseholds in means a person or entity, excluding CFRA or a lessee, that purchases the properties under owner of each property shall covenant that certain properties around Canyon future uses of the property shall be limited section 4. to the type and intensity of uses in existence Ferry Reservoir, Montana, as amended. (10) RESERVOIR.—The term ‘‘Reservoir’’ on the date of enactment of this Act, as lim- The Clerk read as follows: means the Canyon Ferry Reservoir, Mon- ited by the prohibitions contained in the an- H.R. 3963 tana. nual operating plan of the Bureau of Rec- Be it enacted by the Senate and House of Rep- (11) SECRETARY.—The term ‘‘Secretary’’ lamation for the Reservoir in effect on Octo- resentatives of the United States of America in means the Secretary of the Interior. ber 1, 1998. Congress assembled, (12) STATE.—The term ‘‘State’’ means the (c) PURCHASE PROCESS.— State of Montana. SECTION 1. FINDINGS. (1) IN GENERAL.—The Secretary shall— Congress finds that the conveyance of the SEC. 4. SALE OF PROPERTIES. (A) solicit sealed bids for the properties; properties described in section 4(b) to the (a) IN GENERAL.—Consistent with the Act (B) subject to paragraph (2), sell the prop- lessees of those properties for fair market of June 17, 1902 (32 Stat. 388, chapter 1093) erties to the bidder that submits the highest value would have the beneficial results of— and Acts supplemental to and amendatory of bid above the minimum bid determined (1) reducing Pick-Sloan project debt for that Act (43 U.S.C. 371 et seq.), the Secretary under paragraph (2); and the Canyon Ferry Unit; shall convey to CFRA or a purchaser— (C) not accept any bid for less than all of (2) providing a permanent source of fund- (1) all right, title, and interest (except the the properties in 1 transaction. ing to acquire publicly accessible land and mineral estate) of the United States in and (2) MINIMUM BID.— interests in land, including easements and to the properties, subject to valid existing (A) IN GENERAL.—Before accepting bids, the conservation easements, in the State from rights and the operational requirements of Secretary shall establish a minimum bid, willing sellers at fair market value to— the Pick-Sloan Missouri River Basin Pro- which shall be equal to the fair market value (A) restore and conserve fisheries habitat, gram; and of the properties determined by an appraisal including riparian habitat; (2) perpetual easements for— of each property, exclusive of the value of (B) restore and conserve wildlife habitat; (A) vehicular access to each property; private improvements made by the lease- (C) enhance public hunting, fishing, and (B) access to and use of 1 dock per prop- holders before the date of the conveyance, in recreational opportunities; and erty; and conformance with the Uniform Appraisal (D) improve public access to public land; (C) access to and use of all boathouses, Standards for Federal Land Acquistion. (3) eliminating Federal payments in lieu of ramps, retaining walls, and other improve- (B) FAIR MARKET VALUE.—Any dispute over taxes and associated management expendi- ments for which access is provided in the the fair market value of a property under tures in connection with the Federal Govern- leases as of the date of enactment of this subparagraph (A) shall be resolved in accord- ment’s ownership of the properties while in- Act. ance with section 2201.4 of title 43, Code of creasing local tax revenues from the new (b) DESCRIPTION OF PROPERTIES.— Federal Regulations. owners; and (1) IN GENERAL.—The properties to be con- (3) RIGHT OF FIRST REFUSAL.—If the highest (4) eliminating expensive and contentious veyed are— bidder is other than CFRA, CFRA shall have disputes between the Secretary and lease- (A) the 265 cabin sites of the Bureau of the right to match the highest bid and pur- holders while ensuring that the Federal Gov- Reclamation located along the northern end chase the properties at a price equal to the ernment receives full and fair value for the of the Reservoir in portions of sections 2, 11, amount of the highest bid. properties. 12, 13, 15, 22, 23, and 26, Township 10 North, (d) TERMS OF CONVEYANCE.— SEC. 2. PURPOSES. Range 1 West; and (1) PURCHASER.—If the highest bidder is The purposes of this Act are to— (B) any small parcel contiguous to any other than CFRA, and CFRA does not match (1) establish terms and conditions under property (not including shoreline or land the highest bid, the following shall apply: which the Secretary of the Interior shall, for needed to provide public access to the shore- (A) PAYMENT.—The purchaser shall pay the fair market value, convey certain properties line of the Reservoir) that the Secretary de- amount bid to the Secretary for distribution around Canyon Ferry Reservoir, Montana, to termines should be conveyed in order to in accordance with section 6. private parties; and eliminate an inholding and facilitate admin- (B) CONVEYANCE.—The Secretary shall con- (2) acquire certain land for fish and wildlife istration of surrounding land remaining in vey the properties to the purchaser. conservation purposes. Federal ownership. (C) OPTION TO PURCHASE.—The purchaser SEC. 3. DEFINITIONS. (2) ACREAGE; LEGAL DESCRIPTION.—The shall give each lessee of a property conveyed In this Act: acreage and legal description of each prop- under this section an option to purchase the (1) CANYON FERRY-BROADWATER COUNTY erty and of each parcel shall be determined property at fair market value, as determined TRUST.—The term ‘‘Canyon Ferry- by the Secretary in consultation with CFRA. under subsection (c)(2). Broadwater County Trust’’ means the Can- (3) RESTRICTIVE USE COVENANT.— (D) NONPURCHASING LESSEES.— yon Ferry-Broadwater County Trust estab- (A) IN GENERAL.—In order to maintain the (i) RIGHT TO CONTINUE LEASE.—A lessee lished under section 8. unique character of the Reservoir area, the that is unable or unwilling to purchase a H10842 CONGRESSIONAL RECORD — HOUSE October 14, 1998 property shall be provided the opportunity SEC. 5. AGREEMENT. ignated by the United States Fish and Wild- to continue to lease the property for fair (a) MANAGEMENT OF SILO’S CAMPGROUND.— life Service; and market value rent under the same terms and Not later than 180 days after the date of en- (v) 1 Montana Department of Fish, Wildlife conditions as apply under the existing lease actment of this Act, the Secretary, acting and Parks employee designated by the De- for the property, and shall have the right to through the Commissioner of Reclamation, partment. renew the term of the existing lease for 2 shall— (B) REQUESTS FOR DISBURSEMENT.—After consecutive 5-year terms. (1) offer to contract with the Commis- consulting with the Citizen Advisory Board (ii) COMPENSATION FOR IMPROVEMENTS.—If a sioners to manage the Silo’s campground; established under paragraph (3) and after lessee declines to purchase a property, the (2) enter into such a contract if agreed to consideration of the Trust plan prepared purchaser shall compensate the lessee for the by the Secretary and the Commissioners; under paragraph (3)(C) and of any comments fair market value, as determined pursuant to and or requests submitted by members of the customary appraisal procedures, of all im- (3) grant necessary easements for access public, the Joint State-Federal Agency provements made to the property by the les- roads within and adjacent to the Silo’s Board, by a vote of a majority of its mem- see. The lessee may sell the improvements to campground. bers, may submit to the Trust Manager a re- the purchaser at any time, but the sale shall (b) CONCESSION INCOME.—Any income gen- quest for disbursement if the Board deter- be completed by the final termination of the erated by any concession that may be grant- mines that the request meets the purpose of lease, after all renewals under clause (i). ed by the Commissioners at the Silo’s recre- the Trust. (2) CFRA.—If CFRA is the highest bidder, ation area— (3) CITIZEN ADVISORY BOARD.— or matches the highest bid, the following (1) shall be deposited in the Canyon Ferry- (A) IN GENERAL.—The Secretary shall shall apply: Broadwater County Trust; and nominate, and the Joint State-Federal Agen- (A) CLOSING.—On receipt of a purchase re- (2) may be disbursed by the Canyon Ferry- cy Board shall approve by a majority vote, a quest from a lessee or CFRA, the Secretary Broadwater County Trust manager as part of Citizen Advisory Board. shall close on the property and prepare all the income of the Trust. (B) MEMBERSHIP.—The Citizen Advisory other properties for closing within 45 days. SEC. 6. USE OF PROCEEDS. Board shall consist of 4 members, including 1 (B) PAYMENT.—At the closing for a prop- Notwithstanding any other provision of with a demonstrated commitment to im- erty— law, proceeds of conveyances under this Act proving public access to public land and to (i) the lessee or CFRA shall deliver to the shall be available, without further Act of ap- fish and wildlife conservation, from each of— Secretary payment for the property, which propriation, as follows: (i) a Montana organization representing the Secretary shall distribute in accordance (1) 10 percent of the proceeds shall be ap- agricultural landowners; with section 6; and plied by the Secretary of the Treasury to re- (ii) a Montana organization representing (ii) the Secretary shall convey the prop- duce the outstanding debt for the Pick-Sloan hunters; erty to the lessee or CFRA. project at the Reservoir. (iii) a Montana organization representing (C) APPRAISAL.—The Secretary shall deter- (2) 90 percent of the proceeds shall be de- fishermen; and mine the purchase amount of each property posited in the Montana Fish and Wildlife (iv) a Montana nonprofit land trust or en- based on the appraisal conducted under sub- Conservation Trust. vironmental organization. section (c)(2), the amount of the bid under SEC. 7. MONTANA FISH AND WILDLIFE CON- (C) DUTIES.—The Citizen Advisory Board, subsection (c)(1), and the proportionate share SERVATION TRUST. in consultation with the Joint State-Federal of administrative costs pursuant to sub- (a) ESTABLISHMENT.—The Secretary, in Agency Board and the Montana Association section (e). The total purchase amount for consultation with the State congressional of Counties, shall prepare and periodically all properties shall equal the total bid delegation and the Governor of the State, update a Trust plan including recommenda- shall establish a nonprofit charitable perma- amount plus administrative costs under sub- tions for requests for disbursement by the nent perpetual public trust in the State, to section (e). Joint State-Federal Agency Board. be known as the ‘‘Montana Fish and Wildlife (D) TIMING.—CFRA and the lessees shall (D) OBJECTIVES OF PLAN.—The Trust plan Conservation Trust’’ (referred to in this sec- purchase at least 75 percent of the properties shall be designed to maximize the effective- tion as the ‘‘Trust’’). not later than August 1 of the year that be- ness of Montana Fish and Wildlife Conserva- (b) PURPOSE.—The purpose of the Trust gins at least 12 months after title to the first tion Trust expenditures considering— shall be to provide a permanent source of (i) public needs and requests; property is conveyed by the Secretary to a funding to acquire publicly accessible land (ii) availability of property; lessee. and interests in land, including easements (iii) alternative sources of funding; and (E) RIGHT TO RENEW.—The Secretary shall and conservation easements, in the State (iv) availability of matching funds. afford the lessees who have not purchased from willing sellers at fair market value to— (4) PUBLIC NOTICE AND COMMENT.—Before re- properties under this section the right to (1) restore and conserve fisheries habitat, questing any disbursements under paragraph renew the term of the existing lease for 2 including riparian habitat; (2), the Joint State-Federal Agency Board (but not more than 2) consecutive 5-year (2) restore and conserve wildlife habitat; shall— terms. (3) enhance public hunting, fishing, and (A) notify members of the public, including (F) REIMBURSEMENT.—A lessee shall reim- recreational opportunities; and local governments; and burse CFRA for a proportionate share of the (4) improve public access to public land. (B) provide opportunity for public com- costs to CFRA of completing the trans- (c) ADMINISTRATION.— ment. actions contemplated by this Act, including (1) TRUST MANAGER.—The Trust shall be (d) USE.— any interest charges. managed by a trust manager, who— (1) PRINCIPAL.—The principal of the Trust (G) RENTAL PAYMENTS.—All rent received (A) shall be responsible for investing the shall be inviolate. from the leases shall be distributed by the corpus of the Trust; and (2) EARNINGS.—Earnings on amounts in the Secretary in accordance with section 6. (B) shall disburse funds from the Trust on Trust shall be used to carry out subsection receiving a request for disbursement from a (e) ADMINISTRATIVE COSTS.—Any reason- (b) and to administer the Trust and Citizen majority of the members of the Joint State- able administrative costs incurred by the Advisory Board. Secretary, including the costs of survey and Federal Agency Board established under (3) LOCAL PURPOSES.—Not more than 50 paragraph (2) and after determining, in con- appraisals, incident to the conveyance under percent of the income from the Trust in any sultation with the Citizen Advisory Board subsection (a) shall be reimbursed by the year shall be used outside the watershed of established under paragraph (3) and after purchaser or CFRA. the Missouri River in the State, from Holter consideration of any comments submitted by (f) TIMING.—The Secretary shall make Dam upstream to the confluence of the Jef- members of the public, that the request every effort to complete the conveyance ferson River, Gallatin River, and Madison meets the purpose of the Trust under sub- under subsection (a) not later than 1 year River. section (b) and the requirements of sub- after the satisfaction of the condition estab- (e) MANAGEMENT.—Land and interests in lished by section 8(b). sections (d) and (e). land acquired under this section shall be (2) JOINT STATE-FEDERAL AGENCY BOARD.— managed for the purpose described in sub- (g) CLOSINGS.—Real estate closings to com- (A) ESTABLISHMENT.—There is established plete the conveyance under subsection (a) section (b). a Joint State-Federal agency Board, which SEC. 8. CANYON FERRY-BROADWATER COUNTY may be staggered to facilitate the convey- shall consist of— ance as agreed to by the Secretary and the TRUST. (i) 1 Forest Service employee employed in (a) ESTABLISHMENT.—The Commissioners purchaser or CFRA. the State designated by the Forest Service; shall establish a nonprofit charitable perma- (h) CONVEYANCE TO LESSEE.—If a lessee (ii) 1 Bureau of Land Management em- nent perpetual public trust to be known as purchases a property from the purchaser or ployee employed in the State designated by the ‘‘Canyon Ferry-Broadwater County CFRA, the Secretary, at the request of the the Bureau of Land Management; Trust’’ (referred to in this section as the lessee, shall have the conveyance documents (iii) 1 Bureau of Reclamation employee em- ‘‘Trust’’). prepared in the name or names of the lessee ployed in the State designated by the Bureau (b) PRIORITY OF TRUST ESTABLISHMENT.— so as to minimize the amount of time and of Reclamation; (1) CONDITION TO SALE.—No sale of property number of documents required to complete (iv) 1 United States Fish and Wildlife Serv- under section 4 shall be made until at least the closing for the property. ice employee employed in the State des- $3,000,000, or a lesser amount as offset by in- October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10843 kind contributions made before full funding (4) investigate, plan, construct, operate, resources. I guess some would argue of the trust, is deposited as the initial corpus and maintain facilities for the conservation why we have the board or do not have of the Trust. of fish and wildlife resources. the board, but I think, more impor- (2) IN-KIND CONTRIBUTIONS.— (b) COSTS.—The costs (including operation tantly, that this is the conveyance of (A) IN GENERAL.—In-kind contributions— and maintenance costs) of carrying out sub- (i) shall be approved in advance by the section (a) shall be nonreimbursable and public resources, ostensibly to private Commissioners; nonreturnable under Federal reclamation hands. And yet, at the same time, when (ii) shall be made in Broadwater County; law. we look at the process to receive fair (iii) shall be related to the improvement of The SPEAKER pro tempore. Pursu- market value, it really precludes oth- access to the portions of the Reservoir lying ant to the rule, the gentleman from ers from bidding on these properties, within Broadwater County or to the creation Utah (Mr. HANSEN) and the gentleman because if any bidder is other than the and improvement of new and existing rec- Canyon Ferry Recreation Association, reational areas within Broadwater County; from California (Mr. MILLER) each will control 20 minutes. that purchaser then has to provide for and an option to purchase to the lessees, (iv) shall not include any contribution The Chair recognizes the gentleman made by Broadwater County. from Utah (Mr. HANSEN). the existing lessees, and also for those (B) APPROVAL.—Approval by the Commis- Mr. HANSEN. Mr. Speaker, I yield who decide they do not want to pur- sioners of an in-kind contribution under sub- myself such time as I may consume. chase, it has to provide them continu- paragraph (A) shall include approval of the Mr. Speaker, H.R. 3963 authored by ance of the lease. value, nature, and type of the contribution the gentleman from Montana (Mr. b 1054 and of the entity that makes the contribu- HILL) would establish terms and condi- tion. Well, is highly unlikely that some- tions under which the Secretary of the (3) INTEREST.—Notwithstanding any other body who seeks to have one of these provision of this Act, all interest earned on Interior must convey fee title to lease- properties for their use and enjoyment the principal of the Trust shall be reinvested holders in certain properties around would bid in that process and there- and considered part of its corpus until the Canyon Ferry Reservoir in Montana. fore, then by default, what we have is condition stated in paragraph (1) is met. Canyon Ferry Reservoir is a man-made Canyon Ferry being really the only (c) TRUST MANAGEMENT.— lake located in central Montana near bidder in the process, and they also get (1) TRUST MANAGER.—The Trust shall be Helena. the benefit in that situation of fully managed by a nonprofit foundation or other The Bureau of Reclamation presently independent trustee to be selected by the depreciating, excluding the value of leases 265 cabin sites around the lake the improvements on that property. Commissioners. to local citizens. This section would di- (2) USE.—The Trust manager shall invest However, under existing Federal law the corpus of the Trust and disburse funds as rect the Secretary of Interior to sell at the end of their lease, the value, if follows: these leaseholds at fair market value there are cabins or improvements, (A) PRINCIPAL.—A sum not to exceed to a private interest. The sites would would revert to the Federal Govern- $500,000 may be expended from the corpus to be sold at public auction. The present ment as it would in the private sector. pay for the planning and construction of a leaseholders would then have the op- If one makes improvements on lease harbor at the Silo’s recreation area. portunity to purchase title to the land. property, generally those enure to the (B) INTEREST.—The balance of the Trust This bill is a compromise negotiated property owner. shall be held and the income shall be ex- with the gentleman from Montana (Mr. So, I think for those reasons that pended annually for the improvement of ac- HILL) and Senator BAUCUS of Montana cess to the portions of the Reservoir lying this legislation should undergo further within Broadwater County, Montana, and for and with the administration. consideration. I also think because of the creation and improvement of new and ex- Mr. Speaker, this is a very important the fact that we have, scattered isting recreational areas within Broadwater bill, and I urge my colleagues to sup- throughout the public lands in this County. port it. country, hundreds of thousands of (3) DISBURSEMENT.—The Trust manager— Mr. Speaker, I reserve the balance of inholdings, lease holdings and all the (A) shall approve or reject any request for my time. rest, that we ought to make sure of disbursement; and Mr. MILLER of California. Mr. what we are doing here, prior to set- (B) shall not make any expenditure except Speaker, I yield myself such time as I ting a precedent on how we would con- on the recommendation of the advisory com- may consume. mittee established under subsection (d). vey those properties either to existing (Mr. MILLER of California asked and private owners or on a bid process, or (d) ADVISORY COMMITTEE.— was given permission to revise and ex- (1) ESTABLISHMENT.—The Commissioners whether in fact they should revert to shall appoint an advisory committee consist- tend his remarks.) the people of the United States. ing of not fewer than 3 nor more than 5 per- Mr. MILLER of California. Mr. Mr. Speaker, reserve the balance of sons. Speaker, I rise in opposition to H.R. my time. (2) DUTIES.—The advisory committee shall 3963. Here we are again, in the last days Mr. HANSEN. Mr. Speaker, I yield meet on a regular basis to establish prior- of the session, presented with a bill such time as he may consume to the ities and make requests for the disbursement that has never cleared the Committee gentleman from Montana (Mr. HILL), of funds to the Trust manager. on Resources and violates the Budget the sponsor of this legislation. (3) APPROVAL BY THE COMMISSIONERS.—The Act and sets precedents on the use of Mr. HILL. Mr. Speaker, I thank the advisory committee shall recommend only and disposition of Federal resources. such expenditures as are approved by the gentleman from Utah (Mr. HANSEN) for Commissioners. I understand why Senator BAUCUS yielding to me, and thank him for and the gentleman from Montana (Mr. bringing this bill to the floor. (e) NO OFFSET.—Neither the corpus nor the income of the Trust shall be used to reduce HILL) have been in discussions with the Mr. Speaker, let me point out that or replace the regular operating expenses of administration on this initiative, and what this bill will do is to authorize the Secretary at the Reservoir, unless ap- he has a letter from OMB stating they the sale of 240 cabin sites on Canyon proved by the Commissioners. will not object. That is worth consider- Ferry Reservoir to people who cur- SEC. 9. AUTHORIZATION. ing, but I believe there are still serious rently have cabins that have been built problems with this legislation. on these sites. These are truly cabins. (a) IN GENERAL.—The Secretary is author- ized to— First, the bill sets up a bidding proc- These are not houses. They are not (1) investigate, plan, construct, operate, ess for these cabin sites, supposedly to high-value properties. These are simply and maintain public recreational facilities get fair and open bids on the property. recreational properties. on land withdrawn or acquired for the devel- However, the bill then sets terms and But the management of this reservoir opment of the project; conditions that rig the bid so that ef- has been a matter of considerable dis- (2) conserve the scenery, the natural his- fectively there is only one bidder, that pute and controversy ever since the toric, paleontologic, and archaeologic ob- just happens to be the Canyon Ferry reservoir was originally constructed jects, and the wildlife on the land; back in the late 1940s. What this bill (3) provide for public use and enjoyment of Recreation Association. the land and of the water areas created by Next the bill takes any funds re- attempts to do by selling these cabin the project by such means as are consistent ceived from these sales and sets up a sites to these cabin owners is to resolve with but subordinate to the purposes of the fund for the Federal, state and local an area that has been contentious and project; and management board, trust funds for the a long-standing matter of dispute. H10844 CONGRESSIONAL RECORD — HOUSE October 14, 1998 This bill has the support of the gov- but it is important for my colleagues moval of, the leased minerals by either of ernor of the State of Montana. It has to understand that that is necessary the following means: the support of both United States Sen- because currently the leases go to the (1) By securing the written consent or ators, Democrat and Republican. It has year 2008, and there are improvements waiver of the patentee. (2) In the absence of such consent or waiv- the support of county commissioners in on these lots that have to be accommo- er, by posting a bond or other financial guar- Broadwater and Lewis and Clark Coun- dated somehow in the transaction. antee with the Secretary of the Interior in ty, Democrats and Republicans. It has I would just urge my colleagues to an amount sufficient to insure— the support of the administration. It look at the fact that the administra- (A) the completion of reclamation pursu- has the support of sportsman groups, tion supports this; Democrats and Re- ant to the Secretary’s requirements under and it has the support of local con- publicans that are local and here in the Mineral Leasing Act, and servation groups. Washington support it; it has the sup- (B) the payment to the surface owner for— On October 10, the Executive Office of port of landowners and conservation (i) any damages to crops and tangible im- provements of the surface owner that result the President wrote to Senator BAUCUS groups and sportsman groups. I think from activities under the mineral lease, and saying, ‘‘I am writing to express the that that in and of itself indicates this (ii) any permanent loss of income to the Administration’s support for the sub- is a consensus approach to resolving a surface owner due to loss or impairment of stitute amendment to . . . the Mon- long-standing problem. grazing use, or of other uses of the land by tana Fish and Wildlife conservation Mr. Speaker, with that I urge all of the surface owner at the time of commence- act.’’ It goes on to say that this bill my colleagues to support the bill. ment of activities under the mineral lease. would create ‘‘a unique opportunity to Mr. HANSEN. Mr. Speaker, I have no (c) LANDS COVERED BY PATENT NO. 49–71– 0065.—In the case of the lands in United exchange lands at Canyon Ferry Res- further requests for time, and I yield States patent No. 49–71–0065, the preceding ervoir for other lands in the State to back the balance of my time. provisions of this section take effect Janu- conserve fish and wildlife, enhance Mr. MILLER of California. Mr. ary 1, 1997. public hunting, fishing, and recreation Speaker, I yield back the balance of The SPEAKER pro tempore. Pursu- opportunities, and improve public ac- my time. ant to the rule, the gentleman from cess to public lands.’’ The SPEAKER pro tempore (Mr. Utah (Mr. HANSEN) and the gentleman It is important for my colleagues to GILLMOR). The question is on the mo- from California (Mr. MILLER) each will understand that this is basically a land tion offered by the gentleman from control 20 minutes. exchange bill. The proceeds from the Utah (Mr. HANSEN) that the House sus- The Chair recognizes the gentleman sale of these lots will be put into a pend the rules and pass the bill, H.R. from Utah (Mr. HANSEN). trust fund, and this trust fund will be 3963, as amended. Mr. HANSEN. Mr. Speaker, I yield used for the purposes of acquiring The question was taken. myself such time as I may consume. other lands in this area or other con- Mr. MILLER of California. Mr. Mr. Speaker, I rise in support of H.R. servation efforts in those areas. Speaker, I object to the vote on the 3878, a bill to open to the operation of I want my colleagues to understand ground that a quorum is not present the Mineral Leasing Act two tracts that this area on the Missouri River and make the point of order that a with reserved Federal mineral estate from Three Forks to Holter Dam is an quorum is not present. near Big Piney, Wyoming. The lands area that is prime trout habitat. In The SPEAKER pro tempore. Pursu- affected by this bill were sold at auc- fact, the watershed there is a water- ant to clause 5, rule I, and the Chair’s tion several decades ago under a stat- shed that supports critical cutthroat prior announcement, further proceed- ute which requires the minerals be re- habitat, and the funds from the sale of ings on this motion will be postponed. served to the United States in the land these lots will be used for the purposes The point of no quorum is considered patent because the surface was to be of conserving that habitat which is ex- withdrawn. used for commercial purposes. But, the planned use never occurred. tremely critical. As we all know, the f cutthroat has been proposed as a The tracts remain grazing lands, like threatened species. It will also be used SUBJECTING CERTAIN RESERVED thousands of acres nearby that are cur- to accomplish other conservation ef- MINERAL INTERESTS OF THE rently subjected to interest for oil and forts to acquire other access to the OPERATION OF THE MINERAL gas exploration and development. river and to the reservoir and it will LEASING ACT Sublette County, Wyoming, where the affected parcels are located, hosts the also be used to secure other lands. Mr. HANSEN. Mr. Speaker, I move to Jonah field, which has been described Mr. Speaker, it is important to note suspend the rules and pass the bill as the largest recent onshore discovery that the trustees over this trust fund (H.R. 3878) to subject certain reserved of natural gas on public lands. One un- will be appointed by the Secretary of mineral interests of the operation of leased parcel will be subject to com- the Interior, so the Secretary will ap- the Mineral Leasing Act, and for other petitive bid offering under the normal prove whoever serves on this trust purposes. BLM leasing process. BLM has already fund, and the trust fund itself will be The Clerk read as follows: leased the other parcel. protected. Only the income from the H.R. 3878 Mr. Speaker, I urge my colleagues to trust fund can be used, so it will be a Be it enacted by the Senate and House of Rep- support H.R. 3878 to help make avail- permanent trust fund to help secure resentatives of the United States of America in able a prospective supply of this fuel. important habitat and to provide ac- Congress assembled, The gentlewoman from Wyoming (Mrs. cess. SECTION 1. LEASING OF CERTAIN RESERVED CUBIN) should be commended for her Mr. Speaker, the gentleman from MINERAL INTERESTS. work on this bill. California (Mr. MILLER) has pointed (a) APPLICATION OF MINERAL LEASING Mr. Speaker, I reserve the balance of out that there is some controversy, or ACT.—Notwithstanding the provisions of sec- tion 4 of the 1964 Public Land Sale Act (P.L. my time. was some controversy, over the method Mr. MILLER of California. Mr. of selling the lots. Substantially, those 88–608, 78 Stat. 988), the Federal reserved mineral interests in lands conveyed under Speaker, I yield myself such time as I were changed at the request of the ad- that Act by United States land patents No. may consume. ministration so that it is clear now 49–71–0059 and No. 49–71–0065 shall be subject Mr. Speaker, H.R. 3878, as explained these lots will be valued using existing to the operation of the Mineral Leasing Act by the chairman of the subcommittee, law for the purposes of determining the (30 U.S.C. 181 et seq.). would open two tracts of land in appraisal and for the purposes of bid- (b) ENTRY.—Any person who acquires any Sublette County, Wyoming, to oil and ding. lease under the Mineral Leasing Act for the gas leasing under the Mineral Leasing It is important for Members to un- interests referred to in subsection (a) may Act of 1920, as amended. derstand that these lots can only be exercise the right to enter reserved to the It would provide that any party ac- sold at or above fair market value, United States and persons authorized by the United States in the patents conveying the quiring a lease under this authority which will be determined by an inde- lands described in subsection (a) by occupy- could also exercise the right reserved pendent appraisal process. It is true ing so much of the surface thereof as may be to the United States to enter lands and that cabin owners will have the option required for all purposes reasonably incident occupy the surface for oil and gas oper- to buy those lots, a last refusal right, to the exploration for, and extraction and re- ations. The bill would also protect the October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10845 surface landowner against damage to the access for persons with disabilities Committee on Resources. We just did a crops or tangible improvements and to outdoor recreational opportunities disabled access study 7 years ago co- the loss of surface uses as a result of made available to the public. sponsored by the gentleman from Utah oil and gas activities. This bill would The Clerk read as follows: (Mr. HANSEN) and the gentleman from also would validate an existing lease on H.R. 4501 Minnesota (Mr. VENTO) of our commit- one of the two tracts of land that the Be it enacted by the Senate and House of Rep- tee. The result of this study was a BLM inadvertently leased in 1997. resentatives of the United States of America in memorandum of understanding entered Congress assembled, Mr. Speaker, the administration sup- into between Federal land management ports the enactment of this legislation, SECTION 1. STUDY REGARDING IMPROVED OUT- DOOR RECREATIONAL ACCESS FOR agencies and the wilderness disability and we have no objection to the sub- PERSONS WITH DISABILITIES. access groups. stance of the bill. (a) STUDY REQUIRED.—The Secretary of Ag- Mr. Speaker, H.R. 3878 would open two riculture and the Secretary of the Interior So, I do not think there is really a tracts of land in Sublette, County, Wyoming, to shall jointly conduct a study regarding ways need for this study when, in fact, we oil and gas leasing under the Mineral Leasing to improve the access for persons with dis- have already procured that informa- Act of 1920, as amended. It would provide abilities to outdoor recreational opportuni- tion and have entered into an agree- that any party acquiring a lease under this au- ties (such as fishing, hunting, trapping, wild- ment and continue to work on those ef- life viewing, hiking, boating, and camping) thority could also exercise the right reserved made available to the public on the Federal forts. to the U.S. to enter the lands and occupy the lands described in subsection (b). There is concern by a number of peo- surface for oil and gas operations. The bill (b) COVERED FEDERAL LANDS.—The Federal ple that this legislation, in fact, is a would also protect the surface landowner lands referred to in subsection (a) are the fol- stalking horse for those who would un- against damage to crops or tangible improve- lowing: (1) National Forest System lands. fortunately want to use this agenda to ments and the loss of surface uses as a result justify additional roads, whether in of oil and gas activities. The bill would also (2) Units of the National Park System. (3) Areas in the National Wildlife Refuge wilderness areas or in other Federal re- validate an existing lease to one of the two System. source areas, and use the subject of in- tracts of land that the BLM inadvertently (4) Lands administered by the Bureau of dividuals with disabilities as a means leased in 1997. Land Management. of sponsoring those roads to cut in and Title to the surface of the subject lands was (c) REPORT ON STUDY.—Not later than 18 transferred through the Public Land Sales Act months after the date of the enactment of to open a number of the wilderness of 1964, P.L. 88±608, which authorized dis- this Act, the Secretaries shall submit to areas. posal of public lands for certain specified Congress a report containing the results of Mr. Speaker, I think given the his- users (chiefly grazing and foraging.) Upon the study. tory of our committee’s work on this transfer of the lands, the mineral rights were The SPEAKER pro tempore. Pursu- legislation, the fact that we have reserved to the U.S. and withdrawn from leas- ant to the rule, the gentleman from reached agreement with a number of ing. Utah (Mr. HANSEN) and the gentleman these groups on this topic, and that we The surface of the land was sold and has from California (Mr. MILLER) each will just did an expansive and exhaustive been used primarily for grazing. In 1997, the control 20 minutes. The Chair recognizes the gentleman study on this effort, I would oppose BLM offered one of the two tracts for competi- this legislation. tive lease. Enron Corporation succeeded in from Utah (Mr. HANSEN). leasing the tract for $165 per acre. Subse- Mr. HANSEN. Mr. Speaker, I yield Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume. myself such time as I may consume. quently, BLM discovered its error and con- (Mr. HANSEN asked and was given Mr. Speaker, I hope the people in cluded that they would be required to cancel permission to revise and extend his re- America realize that a few years ago the leases. H.R. 3878 would allow the lease to marks, and include extraneous mate- stay in effect and would authorize them to rial.) under the direction of President Bush, offer the other tract for lease. Mr. HANSEN. Mr. Speaker, H.R. 4501 we passed a bill called the Americans The administration supports enactment of is a bill introduced by the gentleman with Disabilities Act, a very important H.R. 3878. We have no objection to the sub- from Colorado (Mr. BOB SCHAFFER). piece of legislation. Up to that point, stance of the bill. there were all kinds of obstacles stand- Mr. MILLER of California. Mr. The gentleman deserves credit for working hard to craft a bill which will ing in the way of people who were dis- Speaker, I yield back the balance of abled. my time. lead to the benefit of disabled people Mr. HANSEN. Mr. Speaker, I have no across the United States. The thing I found very interesting at further requests for time, and I yield H.R. 4501 directs the Secretary of Ag- that time was a part of the Wilderness back the balance of my time. riculture and the Secretary of the Inte- Act. In 1964, Congress passed the Wil- The SPEAKER pro tempore. The rior to study ways to improve access derness Act which said we could use no question is on the motion offered by for the disabled to outdoor recreation mechanized things in the wilderness. the gentleman from Utah (Mr. HANSEN) on Federal land. Emerging disabled Up to that point, what does a person do that the House suspend the rules and outdoor sports markets point to a who wants to take something mecha- pass the bill, H.R. 3878. growing demand for recreational op- nized into the wilderness? The question was taken; and (two- portunities for the over 40 million dis- I remember distinctly being in thirds having voted in favor thereof) abled in America. Ogden, Utah, and a youngster came up the rules were suspended and the bill Over the last several decades, the dis- to me, young by my terms anyway, and was passed. abled have proven that personal deter- The title of the bill was amended so mination and technological advances he was in a wheelchair and had the as to read as follows: can overcome seemingly insurmount- broad shoulders and the biceps and the ‘‘A bill to subject certain reserved able obstacles. This legislation brings a bit. We talked about what he could do. mineral interests to the operation of heightened awareness of these issues He unfortunately lost his legs in Viet- the Mineral Leasing Act, and for other by studying ways to improve access for nam. He made an interesting state- purposes.’’ disabled Americans pursuing outdoor ment to me. He said, ‘‘As a kid, I used A motion to reconsider was laid on recreational activities. I urge my col- to go in the wilderness areas with my the table. leagues to support this bill. uncle and my dad and we would fish.’’ f Mr. Speaker, I reserve the balance of He talked about the north slope of the REQUIRING STUDY REGARDING my time. Uinta Mountains and he said, ‘‘Con- Mr. MILLER of California. Mr. IMPROVED OUTDOOR REC- gressman, I am not subject to this Speaker, I yield myself such time as I REATIONAL ACCESS FOR PER- wheelchair. I play tennis,’’ and he said, may consume. ‘‘I’ll take you on.’’ And he probably SONS WITH DISABILITIES (Mr. MILLER of California asked and would have defeated me. Mr. HANSEN. Mr. Speaker, I move to was given permission to revise and ex- suspend the rules and pass the bill tend his remarks.) He said, ‘‘I play basketball. I road (H.R. 4501) to require the Secretary of Mr. MILLER of California. Mr. race. I do all of these things, and I do Agriculture and the Secretary of the Speaker, this legislation H.R. 4501, has it in this wheelchair.’’ He showed how Interior to conduct a study to improve had no hearings or markups in the he could get on his hands, and said ‘‘I H10846 CONGRESSIONAL RECORD — HOUSE October 14, 1998 am not subjected to this wheelchair, COMMITTEE ON RESOURCES, in the case of that. We ought to bring and I would still like the right to go to Washington, DC, October 12, 1998. forth the hearings. We ought to find the North Slope of the Uinta Moun- Hon. ROBERT F. SMITH, out exactly what you believe the prob- tains and fish as I did as a youngster.’’ Chairman, Committee on Agriculture, Long- lem to be. But as the gentleman knows, worth HOB, Washington, DC. MR. CHAIRMAN: Thank you for your letter he was a cosponsor of the study over b 1100 regarding H.R. 4501, to require the Secretary the last 7 years. We just went through of Agriculture and the Secretary of the Inte- all of this. For that reason, I would Well, what does one say? That at that rior to conduct a study to improve the access again ask Members not to support the point we decided we would put an for persons, with disabilities to outdoor rec- legislation. amendment to the Americans with Dis- reational opportunities made available to Mr. HANSEN. Mr. Speaker, I ask abilities Act which would allow people the public, authorized by our colleague, Con- unanimous consent to reclaim the time gressman Bob Schaffer. in wheelchairs to go into wilderness I appreciate you waiving the Committee on I yielded back. areas. Agriculture’s additional referral of this bill The SPEAKER pro tempore (Mr. I notice that the environmental com- and agree that it does not prejudice your ju- GILLMOR). Is there objection to the re- munity, especially the Sierra Club, risdiction over the subject matter. In addi- quest of the gentleman from Utah? really took that on. They did not like tion, I will be pleased to support your re- There was no objection. quest to be represented on any conference on Mr. HANSEN. Mr. Speaker, I yield the idea at all. They said this was a the bill, although I hope that one will not be myself such time as I may consume. I poor idea. Why would we ever encroach necessary. would like to respond to my friend on these wilderness areas? But we came I will include our letters in any Floor de- from California. to the floor and fortunately Members bate on H.R. 4501 and once again thank you, I think it is very interesting, as we saw the wisdom in that, and we now Gregory Zerzan, and David Tenny for your look at all of the various environ- have amended into that bill the right cooperation on this matter which is very im- mental organizations who have decided for people in wheelchairs to go into portant to Congressman Schaffer. to put legislation or introduce legisla- wilderness areas. Sincerely, DON YOUNG, tion that comes into the west. I find it I do not know why we do not expand Chairman. also interesting that most of those who it and make it more accessible to more Mr. Speaker, I yield back the balance introduce this legislation have never people. It is really not wilderness of my time. even been in the country and never areas. It is severely restricted areas is Mr. MILLER of California. Mr. seen it. I would ask some of these peo- what it amounts to. My good colleague Speaker, I yield myself 1 minute. ple if they would harken back to the from Colorado has a good idea to bene- No one argues, no one argues with 1964 Wilderness Act and also the many fit more people who are disabled. A lot the purpose of the gentleman’s re- things that were said in the House and of people are disabled in America, marks, but he cited the exact provision Senate and both committees when the whether it be a slight disablement or of the Wilderness Act that he and oth- bill was passed. Hubert Humphrey said be something rather substantial like ers have attacked now for 20 years and some very interesting things about it. my friend I was talking about in the that is no motorized vehicles in wilder- Let us read the act. Untrammeled by wheelchair. So I think that this is a ness areas. This comes at the same man, as if man was never there, no sign good piece of legislation, one of the time in the session that we see Mem- of man, intended to mean no roads, no things we should do to help people out bers on the other side supporting heli- cattle ponds, no fences, no structures, who have some unfortunate thing hap- copter flights over wilderness, roads no sign of man, as if man was never pen to them somewhere in their life. through wilderness of questionable there. Therefore, I strongly recommend to need, added on as riders to the environ- You are the first man God puts on my colleagues that they do everything mental legislation and tragically, un- earth and there you are, in a pristine in their power to support this bill. fortunately, I think that here again beautiful area. I say, why then is it the disability groups are being used to that my friends who introduced this Mr. Speaker, I include the following try and confront what they really legislation, expecially in my home for the RECORD: want, and that is opening up of the wil- State of Utah, put legislation in that COMMITTEE ON AGRICULTURE, derness areas with roads and other Washington, DC, September 10, 1998. goes right over the top of structures, of Hon. DON YOUNG, means to overfly these areas and to class B and class C roads, some of them Chairman, Committee on Resources, Longworth start invading the various concepts of even paved. I call their attention to HOB, Washington, DC. wilderness. one called King Top mountain in Mil- This has been how they contest it in DEAR DON: It is my understanding that the lard County. It has paved roads in it. It Committee on Resources will soon consider the gentlemen’s States. People said has stop signs in it. It has mines in it. H.R. 4501, a bill to require the Secretary of they have rights to go into these areas. It has a whole area. I ask them, let us Agriculture and the Secretary of the Interior They bulldozed roads into some of the take it out. It does not even come to conduct a study to improve the access for areas in southern Utah that are under close, but they would not do that. persons with disabilities to outdoor rec- study that are existing wilderness So they go down to this idea of my reational opportunities made available to areas. This is a constant battle. friend from California and others, fine, the public. Again, the wilderness disability let us live by the 1964 Wilderness Act. Knowing of your interest in expediting this groups and other groups have worked Let us not be introducing bills that go legislation and in maintaining the continued with the administration. They have over the top of these areas and we consultation between our committees on worked out memorandums of under- would not have to be doing these these matters, I would be pleased to waive the additional referral of the bill to the Com- standing, and I have very serious con- things. mittee on Agriculture. I do so with the un- cerns about Members using this legisla- I can name you, having been part of derstanding that this waiver does not waive tion to try and attack a fundamental a lot of these wilderness bills in the any future jurisdictional claim over this or key component of the wilderness legis- last 18 years, most of them that are in- similar measures. In addition, in the event lation about the use of motorized vehi- troduced Utah, Wyoming, Arizona and the bill should go to conference with the cles or any other motorized object in Nevada absolutely blatantly go against Senate, I would reserve the right to seek the the wilderness area. But this has been the spirit and the intent of the law. appointment of conferees from this Commit- under attack, as I have said, since the Mr. Speaker, I reserve the the bal- tee to be represented in such conference. Wilderness Act was put into law by ance of my time. Once again, I appreciate your cooperation many Members on the other side of the Mr. MILLER of California. Mr. in this matter and look forward to working aisle. I do not think that we ought to Speaker, I yield myself such time as I with you in the future on matters of shared may consume. jurisdiction between our respective commit- do this where we have had had no hear- tees. ings on the committee. It did not take long to get past the Sincerely, This bill has not been reported out of disability issue here to see the anger ROBERT F. (BOB) SMITH, the committee, and most of the wilder- over the fact that we have a national Chairman. ness groups do not seek an exemption Wilderness Act in this country. It does October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10847 not say no sign of man. It talks about all of these wild bills that go right over is something that is of paramount im- the context in which the wilderness the top of cities, airports and the whole portance. That is what is embodied in will be considered and which the wil- nine yards, then we ought to say, let us this important legislation. Those are derness will be created and it will be look at this wilderness bill again. I the issues that I hope all Members of untrammeled and you do not see per- would hope the gentleman would join this body will agree are important in manent impact of man in these situa- with me in the next session of Con- moving forward on this day and in per- tions. gress, if we are both still here and suading the Senate to do the same fol- We have structures in wilderness maybe look at some of these things. lowing our action. areas. We have old trails in wilderness Why do we not define what a road is? I want to thank the chairman again areas. In some cases we have old mines. I agree with the gentleman, some roads for the opportunity to present this leg- As we try to create wilderness today in are reclaimed. Are two tracks a road or islation, to bring it to the floor and for 1998, clearly the context is different does it take a freeway to be a road? It his vigorous support of it. than if you are trying to create it in does not say. Why do we not put a sun- Mr. HANSEN. Mr. Speaker, I have no 1898, because lands have been utilized set on these things instead of a WSA further requests for time, and I yield from time to time. That does not mean being in perpetuity. Let us bring it to back the balance of my time. that it is permanent upon the land. a head. Let us put 10 years on it, as has Mr. MILLER of California. Mr. That does not mean overtime those been suggested by both Democrats and Speaker, I yield myself such time as I trails will not revert back, as they are Republicans alike. may consume. Again, let us just under- overgrown, what have you, if that is If ever there was a time to take care stand what is being said over here. Now the concern that Members have, or of some contentious issues, this wilder- this is an attack on extreme environ- even some of those crazy roads that ness issue is one of the more conten- mentalists. This was supposed to be some of your constituents have bull- tious ones. I would hope that maybe we about disability groups. dozed into what they thought was could do something about it instead of The gentleman was in the room last going to be a wilderness area. Over this nebulous loose term that we use as year when the disability groups and time even out there in the desert some we look at the 1964 Wilderness Act. the agencies and others penned the of those will be healed through time Mr. Speaker, I yield such time as he agreement of understanding pursuant and through nature. may consume to the gentleman from to his study to do exactly what this But the fact of the matter is, the Wil- Colorado (Mr. BOB SCHAFFER), the legislation has done. That is what the derness Act says disability groups have sponsor of this bill. memorandum of agreement was about, not asked for this exemption. They Mr. BOB SCHAFFER of Colorado. it was about further consultations and have worked out a memorandum. This Mr. Speaker, H.R. 4501 directs the Sec- reviews of laws and access and all of is really not about disabilities. This is retaries of Agriculture and Interior to the rest of that as a result of the Han- really about trying to find another way contract with an independent entity in sen-Vento work that had been com- in which you can get into under the old consultation with the National Council pleted. Wilderness Act and get those motorized on Disabilities to study ways to im- Now all of a sudden we are going to vehicles in there. prove access for the disabled to outdoor create new legislation without any I do not think the disability groups recreation. Few agencies have a thor- hearings as to its purpose at all. I appreciate being used as a stalking ough understanding of the needs of this would again say that this is really horse for that effort. It is not the first important population of Americans. about an attack on wilderness. This is time, because we have seen here in Over the last several years the dis- not about access issues. Members terms of the IDEA legislation in edu- abled have proven that personal deter- ought to reject this, what I have to tell cation where last year education for mination and technological advance- Members, I think, is somewhat cynical people with disabilities was thrown up ments overcome seemingly insur- use of the disability issue, when we as every alternative. They were used to mountable odds. This bill will bring a know that many of the concerns that try to cut every other budget within heightened awareness of those issues are being articulated here have in fact the Department of Education. Those and help facilitate the hopes and goals been resolved during the process of were all rejected by the Congress. It is of over 40 million disabled Americans being resolved with the combined ef- not because they were not concerned through outdoor recreation. forts of all of the various agencies that about people with individual disabil- This bill has had the inputs, sugges- are outlined in this legislation and the ities. It was concern that they were tions and support of many organiza- disability groups across this Nation. being used as an attack on other seg- tions, including particularly the Rocky We should not accept this legislation. ments of the education budget. And Mountain National Park Associates, Mr. Speaker, I yield back the balance here we see that same effort being un- the Wilderness Inquiry, and I thank my of my time. dertaken here. colleagues on both sides of the aisle for The SPEAKER pro tempore. The Again, I will repeat myself, you are their support in this well-timed 18- question is on the motion offered by just duplicating a study which you are month study. I encourage all of my col- the gentleman from Utah (Mr. HANSEN) not supposed to be for. You just fin- leagues to vote for this sound biparti- that the House suspend the rules and ished a study. We just worked out the san measure. pass the bill, H.R. 4501. memorandums. We have ended in con- This measure does enjoy bipartisan The question was taken. sultation with these groups. I suspect support not only here in Congress but Mr. MILLER of California. Mr. that the longer this debate goes on, the throughout the country as well. I think Speaker, I object to the vote on the clearer the case is made that this is as we look across the country at how ground that a quorum is not present about an attack on wilderness status of we manage our public lands, national and make the point of order that a public lands less than it is about access parks and forests, other public lands, quorum is not present. to people with disability to those that we keep in mind that there are The SPEAKER pro tempore. Pursu- lands. many, many Americans who are tax- ant to clause 5 of rule I and the Chair’s Mr. HANSEN. Mr. Speaker, I yield payers who are citizens who have every prior announcement, further proceed- myself such time as I may consume. right to enjoy this great, rich legacy ings on this motion will be postponed. Let me respond if I may. that our country has set aside for all The point of no quorum is considered I think it is interesting that my Americans to enjoy. This is public withdrawn. friend from California used the term lands, I speak to. the context is different in 1998 than it Making sure that the new improve- f was in 1964. I think that is a direct ments, the new developments, that all b 1115 quote. I would agree with that. I think of the new designations that are made it is different. in our public lands, systems and struc- GENERAL LEAVE So if we are going to say that all of tures take into account the needs of Mr. HANSEN. Mr. Speaker, I ask our friends in the extreme environ- the disabled and the rights that they unanimous consent that all Members mental community can come up with have to enjoy these national treasures may have 5 legislative days to revise H10848 CONGRESSIONAL RECORD — HOUSE October 14, 1998 and extend their remarks and include Mr. TRAFICANT. Mr. Speaker, I which to revise and extend their re- extraneous materials on H.R. 3963, H.R. thank the chair. marks on H.R. 4519, the bill under con- 3878 and H.R. 4501, the last three bills f sideration. considered. The SPEAKER pro tempore. Is there The SPEAKER pro tempore (Mr. AUTHORIZING PRESIDENT TO CON- objection to the request of the gen- GILLMOR). Is there objection to the SENT TO THIRD PARTY TRANS- tleman from California? gentleman from Utah? FER OF EX-U.S.S. ‘‘BOWMAN There was no objection. There was no objection. COUNTY’’ TO USS LST SHIP ME- Mr. HUNTER. Mr. Speaker, I yield MORIAL f myself such time as I may consume. Mr. HUNTER. Mr. Speaker, I move to Mr. Speaker, as the chairman of the NOTICE OF INTENTION TO OFFER suspend the rules and pass the bill Subcommittee on Military Procure- RESOLUTION RAISING QUESTION (H.R. 4519) to authorize the President ment of the Committee on National Se- OF PRIVILEGES OF THE HOUSE to consent to third party transfer of curity, I rise in support of H.R. 4519. Mr. TRAFICANT. Mr. Speaker, I rise the ex-U.S.S. Bowman County to the This bill would consent to the third- to a question of privileges of the House U.S.S. LST Ship Memorial, Inc. party transfer at no cost to the U.S. and offer a privileged resolution. The Clerk read as follows: Government of the ex-U.S.S. Bowman The SPEAKER pro tempore. Under H.R. 4519 County, a World War II era tank load- rule IX, the gentleman will state the Be it enacted by the Senate and House of Rep- ing ship, to the U.S.S. LST Ship Memo- form of the resolution. resentatives of the United States of America in rial, Incorporated, a not-for-profit or- Mr. TRAFICANT. Mr. Speaker, in ac- Congress assembled, ganization. cordance with House rule IX, clause 1, SECTION 1. AUTHORITY TO CONSENT TO THIRD This organization would operate the expressing the sense of the House that PARTY TRANSFER OF EX-USS BOW- vessel as a memorial to the veterans of the House’s integrity has been im- MAN COUNTY TO USS LST SHIP ME- World War II amphibious landings. The MORIAL, INC. ex-U.S.S. Bowman County is currently pugned because the anti-dumping pro- (a) FINDINGS.—Congress makes the follow- visions of the Trade and Tariff Act of ing findings: the property of the government of 1930 (Subtitle B of Title VII) have not (1) It is the long-standing policy of the Greece. It was transferred to Greece in been expeditiously enforced; United States Government to deny requests 1960 under the Military Assistance Pro- Now, therefore, be it for the retransfer of significant military gram. Resolved by the House of Representatives, equipment that originated in the United Today, Greece wants to dispose of That the House of Representatives calls upon States to private entities. this vessel and is willing to transfer the President of the United States to: (2) In very exceptional circumstances, the ship back to the U.S. Government, (1) Immediately review and investigate for when the United States public interest would who would then transfer it to the LST a period of 10 days the entry into the cus- be served by the proposed retransfer and end- Ship Memorial, Incorporated. toms territory of the United States of all use, such requests may be favorably consid- ered. That is the state of play, Mr. Speak- steel products that are the product or manu- er. We support this particular bill very facture of Australia, China, South Africa, (3) Such retransfers to private entities Ukraine, Indonesia, India, Japan, Russia, have been authorized in very exceptional cir- strongly on the Republican side of the South Korea, or Brazil; cumstances following appropriate demili- aisle and in the Committee on National (2) Immediately impose a one-year ban on tarization and receipt of assurances from the Security. imports of all steel products that are the private entity that the item to be trans- We want to commend, of course, not product or manufacture of Australia, China, ferred would be used solely in furtherance of only the gentleman from Virginia (Mr. Federal Government contracts or for static South Africa, Ukraine, Indonesia, India, SISISKY), the ranking member on the Japan, Russia, South Korea, or Brazil, if, museum display. (4) Nothing in this section should be con- Subcommittee on Military Procure- after the above referenced review period, he ment, but also the gentleman from finds that the governments of those coun- strued as a revision of long-standing policy tries are not abiding by the spirit and letter referred to in paragraph (1). Texas (Mr. HALL), who has been the of international trade agreements with re- (5) The Government of Greece has re- prime mover of this particular bill. spect to dumping or other illegal actions. quested the consent of the United States Mr. Speaker, I reserve the balance of (3) Establish a task force within the Execu- Government to the retransfer of HS Rodos my time. tive Branch to closely monitor U.S. imports (ex-USS Bowman County (LST 391)) to the Mr. SISISKY. Mr. Speaker, I yield of steel from other countries to determine USS LST Ship Memorial, Inc. myself as much time as I may con- whether or not international trade agree- (b) AUTHORITY TO CONSENT TO RETRANS- sume. FER.— ments are being violated with respect to Mr. Speaker, as ranking member of (1) IN GENERAL.—Subject to paragraph (2), dumping and other illegal actions. the Subcommittee on Military Pro- (4) Report to the Congress by no later than the President may consent to the retransfer January 5, 1999, on any other actions the Ex- by the Government of Greece of HS Rodos curement, I rise in support of H.R. 4519. ecutive Branch has taken, or intends to (ex-USS Bowman County (LST 391)) to the I agree with the representations made take, to ensure that all the trading partners USS LST Ship Memorial, Inc. by the distinguished gentleman from of the United States abide by the spirit and (2) CONDITIONS FOR CONSENT.—The Presi- California (Mr. HUNTER) regarding the letter of international trade agreements dent should not exercise the authority under proposed transfer of ex-U.S.S. Bowman with respect to the import into the United paragraph (1) unless the USS LST Memorial, County, LST 391, from the government States of steel products. Inc.— (A) utilizes the vessel for public, nonprofit, of Greece to the U.S.S. LST Ship Me- The SPEAKER pro tempore. Under museum-related purposes; and morial, Incorporated. rule IX, a resolution offered from the (B) complies with applicable law with re- Mr. Speaker, I yield such time as he floor by a Member other than the ma- spect to the vessel, including those require- may consume to the very distinguished jority leader or the minority leader as ments related to facilitating monitoring by gentleman from Texas (Mr. HALL). a question of the privileges of the the Federal Government of, and mitigating Mr. HALL of Texas. Mr. Speaker, I House has immediate precedence only potential environmental hazards associated thank the gentleman from Virginia with, aging vessels, and has a demonstrated at a time or place designated by the (Mr. SISISKY) and the gentleman from financial capability to so comply. Chair within two legislative days after California (Mr. HUNTER). the resolution is properly noticed. The SPEAKER pro tempore. Pursu- Mr. Speaker, I will be brief. I just Pending that designation, the form of ant to the rule, the gentleman from want to say a word or so of gratitude to the resolution noticed by the gen- California (Mr. HUNTER) and the gen- those that have been of such great help tleman from Ohio (Mr. TRAFICANT) will tleman from Virginia (Mr. SISISKY) to a group of veterans to whom this appear in the RECORD at this point. each will control 20 minutes. means so very much. The Chair will not at this point de- The Chair recognizes the gentleman This bill, of course, is to recognize a termine whether the resolution con- from California (Mr. HUNTER). group of veterans who put their lives in stitutes a question of privilege. That GENERAL LEAVE harm’s way, and I am going to mention determination will be made at the time Mr. HUNTER. Mr. Speaker, I ask some of them. One of them right off, designated for consideration of the res- unanimous consent that all Members Speaker Rayburn, appropriated the olution. may have 5 legislative days within funds with which these ships were built October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10849 and bought and dispatched. It is from guns to Normandy as part of the amphibious gentleman from Arizona (Mr. STUMP) these ships that they went to Omaha assault to liberate Europe. His request was and the gentleman from Illinois (Mr. Beach. simple: Could the U.S.S. Bowman County, EVANS) each will control 20 minutes. Olin Tiger Teague of this body, the now in Greece, be transferred back to the The Chair recognizes the gentleman first chairman of the Committee on United States and to the control of the non- from Arizona (Mr. STUMP). Space and longtime Member here de- profit U.S.S. LST Ship Memorial? The veter- GENERAL LEAVE parted from this ship. General Earl ans who served on these vessels want to pre- Mr. STUMP. Mr. Speaker, I ask Rudder, who is next to the highest serve the U.S.S. Bowman County and display unanimous consent that all Members decorated veteran of World War II from her as a museum and memorial, so that their may have 5 legislative days in which to Texas, just under Audie Murphy, em- families and today's and future generations of revise and extend their remarks and in- barked from this ship. children might recall the heroic deeds carried clude extraneous material on H.R. 559. It means a lot to us and it means a out by average American men and women The SPEAKER pro tempore. Is there lot to these old soldiers and sailors. and be honored and remembered. objection to the request of the gen- After World War II, it was transferred I won't go into the details of how com- tleman from Arizona? to Greece. The government of Greece plicated it turned out to be to fulfill this simple There was no objection. has requested the consent that it come request made by these World War II veterans. Mr. STUMP. Mr. Speaker, I yield my- back. I think all the bases have been It has taken enormous perseverance on the self such time as I may consume. tagged. part of LST Association members around the (Mr. STUMP asked and was given This ship was in Sicily. It was in country to bring us to this moment. It has permission to revise and extend his re- Italy, Salerno, Normandy, Omaha taken the determination of my colleague from marks.) Beach. It suffered casualties. It trans- Texas [Congressman RALPH HALL] to provide Mr. STUMP. Mr. Speaker, H.R. 559 ported prisoners of war when the war the Congressional authorization for the trans- would add bronchiolo-alveolar car- was over. It is a ship that will find its fer of this vessel to a third party. And I hope cinoma to the list of diseases presumed home port in New Orleans with the in these final days of Congress, the Senate to be service-connected for certain ra- help of these two fine leaders in Con- will approve this bill and also authorize the diation-exposed veterans. This disease gress and the support their committees transfer of the U.S.S. Bowman County to is a very particular type of rare lung have given, and I appreciate it. these veterans. cancer occurring among veterans who Mr. HUNTER. Mr. Speaker, will the It's popular these days to go see the movie, are exposed to ionizing radiation. gentleman yield? ``Saving Private Ryan,'' a beautiful film about I would like to thank the cosponsor Mr. HALL of Texas. I yield to the the sacrifices and horrors faced by the men of this bill the gentleman from New gentleman from California. and women who served during World War II. Jersey (Mr. SMITH) who is also vice Mr. HUNTER. Mr. Speaker, I thought This is a simple act to reward and remember chairman of the Committee on Veter- this might be an appropriate moment, those veterans who served on LST vessels. ans’ Affairs for his persistence in bring- too, to reflect on the fact that today I urge my colleagues to support this legisla- ing this bill to the floor. The House has we do not have a lot of World War II tion. passed this bill in previous Congresses; veterans in the United States Congress. Mr. SISISKY. Mr. Speaker, I have no however, it has never been agreed to by At one time we had a lot of them but further requests for time, and I yield the Senate. we now have very few. I know the gen- back the balance of my time. I would strongly urge my colleagues tleman from Texas (Mr. HALL) is a Mr. HUNTER. Mr. Speaker, I yield to vote for the bill at this time. World War II veteran, I believe a pilot, back the balance of my time. Mr. Speaker, I reserve the balance of and the gentleman from Virginia (Mr. The SPEAKER pro tempore. The my time. SISISKY) is a World War II veteran. question is on the motion offered by Mr. EVANS. Mr. Speaker, I yield my- I know on our side, on the national the gentleman from California (Mr. self such time as I may consume. security side, the gentleman from Ari- HUNTER) that the House suspend the Mr. Speaker, I rise in strong support zona (Mr. STUMP) is a World War II vet- rules and pass the bill, H.R. 4519. of H.R. 559 which will provide a pre- eran. He claims he joined at the age of The question was taken; and (two- sumption of service-connection for 11. I think he is trying to keep his age thirds having voted in favor thereof) atomic veterans who suffer from an ex- down there. the rules were suspended and the bill tremely rare form of nonsmokers’ lung I just want to express my thanks to was passed. cancer. For those veterans who died of the gentleman from Texas (Mr. HALL) A motion to reconsider was laid on this disease, benefits will be made for all of the great service that he has the table. available to their surviving depend- given this country, long before he came f ents. to the House of Representatives. I be- I commend the author of this legisla- lieve we only have a handful of World b 1130 tion the gentleman from New Jersey War II veterans right now serving in ADDING BRONCHIOLO-ALVEOLAR (Mr. SMITH) for his tireless efforts on the U.S. Congress. Is that accurate? CARCINOMA TO LIST OF SERV- behalf of these veterans and all veter- Mr. HALL of Texas. Those of us that ICE-CONNECTED DISEASES ans and their dependents. I also want are just the very healthiest and have to thank the gentleman from Arizona Mr. STUMP. Mr. Speaker, I move to really taken care of ourselves, live real (Mr. STUMP) for bringing this bill to suspend the rules and pass the bill clean lives, are still around. the floor today. (H.R. 559) to amend title 38, United Mr. MCGOVERN. Mr. Speaker, I rise in sup- The time to redress these injustices States Code, to add bronchiolo-alveolar port of H.R. 4519, and I want to thank my col- has long since passed. H.R. 559 will pro- carcinoma to the list of diseases pre- league from Texas, Congressman RALPH vide justice to a small group of veter- sumed to be service-connected for cer- HALL, for his leadership and persistence in ans. Congress can and should do more tain radiation-exposed veterans. bringing this bill to the House floor for consid- to compensate those veterans who sac- The Clerk read as follows: eration. rificed their health and in some cases Earlier this summer, I was contacted by Mr. H.R. 559 their lives on behalf of our Nation. I Peter Leaska and told about the history of the Be it enacted by the Senate and House of Rep- urge all of my colleagues to support U.S.S. Bowman County. Mr. Leaska is a resentatives of the United States of America in this measure. Congress assembled, member of the LST Association of Massachu- Mr. Speaker, I reserve the balance of SECTION 1. PRESUMPTION THAT BRONCHIOLO- setts, an association of veterans who served ALVEOLAR CARCINOMA IS SERVICE- my time. on these LST vessels during World War II. He CONNECTED. Mr. STUMP. Madam Speaker, I yield is a man of quiet dedication and courage, like Section 1112(c)(2) of title 38, United States such time as he may consume to the his fellow members in the LST Association, Code, is amended by adding at the end the gentleman from New Jersey (Mr. who served our country during its time of following new subparagraph: SMITH), the vice chairman of the Com- greatest peril. ‘‘(P) Bronchiolo-alveolar carcinoma.’’. mittee on Veterans’ Affairs. Mr. Leaska told me how the U.S.S. Bowman The SPEAKER pro tempore (Mr. Mr. SMITH of New Jersey. Madam County was used to carry troops, tanks and GILLMOR). Pursuant to the rule, the Speaker, let me thank the gentleman H10850 CONGRESSIONAL RECORD — HOUSE October 14, 1998 from Arizona (Mr. STUMP) for yielding The Veterans’ Advisory Committee on En- must examine all cases of this nature me this time. There is no one who has vironmental Hazards considered the issue of to make certain that our veterans are done more for veterans in this country. the radiogenicity of bronchiolo-alveolar car- going to be properly taken care of, and I appreciate his working to get this cinoma and advised me that, in their opin- I know that our Committee on Veter- ion, this form of lung cancer may be associ- legislation to the floor today. I do want ated with exposure to ionizing radiation. ans’ Affairs under the Chair of the gen- to thank the gentleman from Illinois They commented that the association with tleman from Arizona (Mr. STUMP) goes (Mr. EVANS) for his strong support for exposure to ionizing radiation and lung can- out of its way to make certain that we this legislation. cer has been strengthened by such evidence do not neglect our veterans, and for Madam Speaker, H.R. 559 would do a as the 1988 report of the United Nations Sci- that I commend him. very simple thing. It would add a rare entific Committee on the Effects of Atomic Mr. RODRIGUEZ. Mr. Speaker, I rise in form of cancer, bronchiolo-alveolar Radiation, the 1990 report of the National strong support of H.R. 559, a bill which is long Academy of Sciences’ Committee on the Bio- pulmonary carcinoma, to the list of overdue. This bill represents one step for Con- cancers that are presumed to be service logical Effects of Ionizing Radiations (the BEIR V Report), and the 1991 report of the gress to correct an injustice against some of connected for veterans who were ex- International Committee on Radiation Pro- our nation's veterans. By designating this rare posed to radiation, in accordance with tection. The Advisory Committee went on to lung disease as a service-connected illness, the provisions of Public Law 100–321. state that when it had recommended that we can open the door to just compensation for In 1986, Madam Speaker, I became ac- lung cancer be accepted as a radiogenic can- those veterans with unexplained illnesses quainted with Joan McCarthy, a con- cer, it was intended to include most forms of brought about from their service to our nation. stituent from New Jersey. Mrs. McCar- lung cancer, including bronchiolo-alveolar Radiation exposure is common among our thy has worked for many years to lo- carcinoma. troops. As we have seen in the aftermath of cate other atomic veterans and their Back in 1985, Madam Speaker, I met the Gulf War, thousands of our veterans con- widows and she founded the New Jersey with former Secretary Brown of the VA tinue to languish with unexplained illnesses Association of Atomic Veterans. and he assured me that the VA would which the DOD and VA are unable to des- Joan’s husband, Tom McCarthy, was not oppose Congress taking action to ignate as compensable diseases. Even with a participant in Operation Wigwam, a add this disease to the presumptive evidence that these illnesses could come from nuclear test in May of 1955 which in- list. Notwithstanding this fact, the VA nowhere else but military service, our govern- volved an underwater detonation of a continues to deny Joan McCarthy’s ment has dropped the ball. 30-kiloton plutonium bomb in the Pa- claim for survivor’s benefits, a clear Mr. Speaker, passage of H.R. 559 will bring cific Ocean about 500 miles southwest outrage and I think a miscarriage of relief to the hundreds of veterans who suffer of San Diego. Tom served as a navi- justice. from this disease. On top of that, H.R. 559 gator on the U.S.S. McKinley, one of Finally, just let me say that CBO es- should help usher in broader legislation to the ships assigned to observe Operation timates that this will cost the govern- compensate the thousands of veterans who Wigwam. The detonation of the nuclear ment on average about $10,000 a year suffer from illnesses caused by exposure to weapon broke the surface of the water, for each affected widow. CBO estimates radiation while in the service. creating a giant wave and bathing the that the cost will be approximately Mr. STUMP. Madam Speaker, I have area with a radioactive mist. Govern- $13.5 million over a 5-year period. I do no further speakers. ment reports indicate that the entire hope that this legislation will get the Mr. EVANS. Madam Speaker, I yield test area was awash with airborne par- full support of the body. While nothing back the balance of my time. ticulates of the detonation. The spray can replace their loved ones, these wid- Mr. STUMP. Madam Speaker, I yield from the explosion was described in the ows deserve this very small compensa- back the balance of my time. official government reports as, and I tion—it is the least we can do. The SPEAKER pro tempore (Mrs. quote, an insidious hazard which Mr. STUMP. Madam Speaker, I yield EMERSON). The question is on the mo- turned into an invisible radioactive 2 minutes to the gentleman from New tion offered by the gentleman from Ar- aerosol, close quote. Tom spent 4 days York (Mr. GILMAN), the chairman of izona (Mr. STUMP) that the House sus- in this environment while serving the Committee on International Rela- pend the rules and pass the bill, H.R. aboard the U.S.S. McKinley. tions. 559. In April of 1981 at the age of 44, Tom (Mr. GILMAN asked and was given The question was taken. McCarthy died of a rare form of lung permission to revise and extend his re- Mr. SMITH of New Jersey. Mr. cancer, bronchiolo-alveolar pulmonary marks.) Speaker, on that I demand the yeas carcinoma. This illness is a non- Mr. GILMAN. Madam Speaker, I and nays. smoking-related cancer. It is estimated would like to commend the distin- The yeas and nays were ordered. that about 97 percent of all lung can- guished chairman of our Committee on The SPEAKER pro tempore. Pursu- cers are caused by smoking. On his Veterans’ Affairs the gentleman from ant to clause 5 of rule I and the Chair’s deathbed Tom told his wife Joan about Arizona (Mr. STUMP) and the ranking prior announcement, further proceed- his involvement in Operation Wigwam Democratic member the gentleman ings on this motion will be postponed. and wondered about the fate of the from Illinois (Mr. EVANS) for their co- f other men who were stationed on the operation in bringing this bill to the U.S.S. McKinley and other ships in the floor at this time. I want to commend GOVERNMENT WASTE, FRAUD, area. the gentleman from New Jersey (Mr. AND ERROR REDUCTION ACT OF Madam Speaker, it has been well doc- SMITH) for taking on this issue. We 1998 umented that exposure to ionizing ra- cannot do enough for our veterans. Mr. HORN. Mr. Speaker, I move to diation can cause this particular type Where we have specific diseases that suspend the rules and pass the bill of lethal cancer. The National Re- have been related to their service on (H.R. 4243) to reduce waste, fraud, and search Council cited Department of En- behalf of our Nation, we must do what- error in government programs by mak- ergy studies in the BEIR V reports, ever we can to make certain that they ing improvements with respect to Fed- stating that, and I quote, bronchiolo- are going to be taken care of. eral management and debt collection alveolar carcinoma is the most com- practices, Federal payment systems, b 1145 mon cause of delayed death from in- Federal benefit programs, and for other haled plutonium 239. The BEIR V re- H.R. 559 in adding bronchiolo-alveo- purposes as amended. port notes that this cancer is caused by lar carcinoma to the list of diseases The Clerk read as follows: inhalation and deposition of alpha- presumed to be service connected for H.R. 4243 certain radiation exposed veterans is emitting plutonium particles. Be it enacted by the Senate and House of Rep- Madam Speaker, the Department of an issue that deserves our consider- resentatives of the United States of America in Veterans Affairs has also acknowledged ation today, and I welcome this oppor- Congress assembled, the clear linkage between this ailment tunity of participating in this legisla- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. and radiation exposure. I include that tion that will help a veteran who has (a) SHORT TITLE.—This Act may be cited as information for the RECORD at this been exposed to radiation of this kind the ‘‘Government Waste, Fraud, and Error point. in connection with his service, and we Reduction Act of 1998’’. October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10851

(b) TABLE OF CONTENTS.—The table of con- ‘‘(B) produce security documents for States section or section 3711(g) of this title shall tents for this Act is as follows: and their political subdivisions.’’. not be limited by State law.’’. Sec. 1. Short title; table of contents. (2) REIMBURSEMENT.—Section 5143 of title (c) DEBT SALES.—Section 3711 of title 31, Sec. 2. Purposes. 31, United States Code, is amended— United States Code, is amended by striking Sec. 3. Definition. (A) in the first sentence, by inserting ‘‘, subsection (i). foreign government, or individual State or (d) GAINSHARING.—Section 3720C(b)(2)(D) of TITLE I—GENERAL MANAGEMENT title 31, United States Code, is amended by IMPROVEMENTS any political subdivision thereof’’ after ‘‘agency’’; and striking ‘‘delinquent loans’’ and inserting Sec. 101. Improving financial management. (B) in the last sentence, by inserting ‘‘, for- ‘‘debts’’. (e) PROVISIONS RELATING TO PRIVATE COL- Sec. 102. Improving travel management. eign government, or individual State or any LECTION CONTRACTORS.— TITLE II—IMPROVING FEDERAL DEBT political subdivision thereof’’ after ‘‘agen- (1) COLLECTION BY SECRETARY OF THE COLLECTION PRACTICES cy’’. TREASURY.—Section 3711(g) of title 31, United Sec. 201. Miscellaneous technical correc- (d) EFFECTIVE DATES.— States Code, is further amended by adding at tions to subchapter II of chap- (1) IN GENERAL.—Except as provided in paragraph (2), this section shall take effect the end the following: ter 37 of title 31, United States ‘‘(12) In attempting to collect under this on the date of the enactment of this Act. Code. subsection through the use of garnishment (2) SECRETARY’S WAIVER AUTHORITY.—Sub- Sec. 202. Barring delinquent Federal debtors any debt owed to the United States, a pri- section (a)(1) of this section shall take effect from obtaining Federal bene- vate collection contractor shall not be pre- fits. March 1, 1998. cluded from verifying the debtor’s current Sec. 203. Collection and compromise of SEC. 102. IMPROVING TRAVEL MANAGEMENT. employer, the location of the payroll office nontax debts and claims. (a) LIMITED EXCLUSION FROM REQUIREMENT of the debtor’s current employer, the period TITLE III—SALE OF DEBTS OWED TO REGARDING OCCUPATION OF QUARTERS.—Sec- the debtor has been employed by the current UNITED STATES tion 5911(e) of title 5, United States Code, is employer of the debtor, and the compensa- amended by adding at the end the following tion received by the debtor from the current Sec. 301. Authority to sell debts. new sentence: ‘‘The preceding sentence shall Sec. 302. Requirement to sell certain debts. employer of the debtor. not apply with respect to lodging provided ‘‘(13)(A) The Secretary of the Treasury TITLE IV—TREATMENT OF HIGH VALUE under chapter 57 of this title.’’. shall provide that any contract with a pri- DEBTS (b) USE OF TRAVEL MANAGEMENT CENTERS, vate collection contractor under this sub- Sec. 401. Annual report on high value debts. AGENTS, AND ELECTRONIC PAYMENT SYS- section shall include a provision that the Sec. 402. Review by Inspectors General. TEMS.— contractor shall be subject to penalties Sec. 403. Requirement to seek seizure and (1) REQUIREMENT TO ENCOURAGE USE.—The under the contract— forfeiture of assets securing head of each executive agency shall, with re- ‘‘(i) if the contractor fails to comply with high value debt. spect to travel by employees of the agency in any restrictions under applicable law regard- TITLE V—FEDERAL PAYMENTS the performance of the employment duties ing the collection activities of debt collec- by the employee, require, to the extent prac- Sec. 501. Transfer of responsibility to Sec- tors; or ticable, the use by such employees of travel retary of the Treasury with re- ‘‘(ii) if the contractor engages in unreason- management centers, travel agents author- spect to prompt payment. able or abusive debt collection practices in ized for use by such employees, and elec- Sec. 502. Promoting electronic payments. connection with the collection of debt under tronic reservation and payment systems for SEC. 2. PURPOSES. the contract. the purpose of improving efficiency and ‘‘(B) Notwithstanding any other provision The purposes of this Act are the following: economy regarding travel by employees of of law, a private collection contractor under (1) To reduce waste, fraud, and error in the agency. this subsection— Federal benefit programs. (2) PLAN FOR IMPLEMENTATION.—(A) The ‘‘(i) shall not be subject to any liability or (2) To focus Federal agency management Administrator of General Services shall de- contract penalties in connection with efforts attention on high-risk programs. velop a plan regarding the implementation to collect a debt pursuant to a contract (3) To better collect debts owed to the of this subsection and shall, after consulta- under this subsection by reason of actions United States. tion with the heads of executive agencies, that are required by the contract or by appli- (4) To improve Federal payment systems. submit to Congress a report describing such cable law or regulations; and (5) To improve reporting on Government plan and the means by which such agency ‘‘(ii) shall not be subject to payment of operations. heads plan to ensure that employees use statutory damages or attorney’s fees by rea- SEC. 3. DEFINITION. travel management centers, travel agents, son of any action in connection with efforts As used in this Act— and electronic reservation and payment sys- to collect such debt, except in a case of bad (1) the term ‘‘nontax debt’’ means any debt tems as required by this subsection. faith or intentional misconduct by the con- other than a debt under the Internal Reve- (B) The Administrator shall submit the tractor. nue Code of 1986 or the Tariff Act of 1930; and plan required under subparagraph (A) not ‘‘(14) Performance of a contractor under (2) the term ‘‘nontax claim’’ means any later than March 31, 1999. any contract entered into under this sub- claim other than a claim under the Internal TITLE II—IMPROVING FEDERAL DEBT section, including without limitation any Revenue Code of 1986 or the Tariff Act of COLLECTION PRACTICES contract in effect on the date of enactment 1930. SEC. 201. MISCELLANEOUS TECHNICAL CORREC- of the Government Waste, Fraud, and Error TITLE I—GENERAL MANAGEMENT TIONS TO SUBCHAPTER II OF CHAP- Reduction Act of 1998, shall be measured, and IMPROVEMENTS TER 37 OF TITLE 31, UNITED STATES allocation of account placements and bonus CODE. compensation shall be determined, solely SEC. 101. IMPROVING FINANCIAL MANAGEMENT. (a) CHILD SUPPORT ENFORCEMENT.—Section through an evaluation methodology that (a) REPEAL.—Section 3515 of title 31, 3716(h)(3) of title 31, United States Code, is bases not less than 50 percent of the contrac- United States Code, is amended— amended to read as follows: tor’s score under such evaluation on the con- (1) in subsection (a)— ‘‘(3) In applying this subsection with re- tractor’s gross collections net of commis- (A) by striking ‘‘1997’’ and inserting ‘‘1999’’; spect to any debt owed to a State, other than sions (as a percentage of account amounts and past due support being enforced by the State, placed with the contractor) under the con- (B) by inserting ‘‘Congress and’’ after ‘‘sub- subsection (c)(3)(A) shall not apply.’’. tract. The frequency of valid borrower com- mit to’’; (b) CHARGES BY DEBT COLLECTION CONTRAC- plaints shall be considered in the evaluation (2) by striking subsection (e); and TORS.— criteria. (3) by striking subsections (f), (g), and (h). (1) COLLECTION BY SECRETARY OF THE ‘‘(15) In selecting contractors for perform- (b) PRODUCTION OF DOCUMENTS.— TREASURY.—Section 3711(g) of title 31, United ance of collection services, the Secretary of (1) AUTHORITY.—Section 5114(a) of title 31, States Code, is amended by adding at the end the Treasury shall evaluate bids received United States Code, is amended— the following: through a methodology that bases not less (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and ‘‘(11) The amount received by a person for than 50 percent of the bidder’s score in such (B) by adding at the end the following new performance of collection services under this evaluation on the bidder’s prior performance paragraph: section shall not be limited by State law, in terms of net amounts collected under gov- ‘‘(2) The Secretary of the Treasury may, if and reasonable collection costs may be ernment collection contracts of similar size. the Secretary determines that it will not charged to the debtor notwithstanding any The frequency of valid borrower complaints interfere with engraving and printing needs provision of State law. The preceding sen- shall be considered in the evaluation cri- of the United States— tence shall not apply to the collection of teria.’’. ‘‘(A) produce currency, postage stamps, child support debt by any person.’’. (2) COLLECTION BY PROGRAM AGENCY.—Sec- and other security documents for foreign (2) COLLECTION BY PROGRAM AGENCY.—Sec- tion 3718 of title 31, United States Code, is governments, subject to a determination by tion 3718 of title 31, United States Code, is further amended by adding at the end the the Secretary of State that such production amended by adding at the end the following: following: would be consistent with the foreign policy ‘‘(h) The amount received by a person for ‘‘(i) In attempting to collect under this of the United States; and performance of collection services under this subsection through the use of garnishment H10852 CONGRESSIONAL RECORD — HOUSE October 14, 1998 any debt owed to the United States, a pri- lows through the matter preceding sub- tion of subsection (a) to any Federal benefit vate collection contractor shall not be pre- section (i); and that is administered by the agency based on cluded from verifying the current place of (2) by adding at the end the following: standards promulgated by the Secretary of employment of the debtor, the location of ‘‘For purposes of this subsection, the dis- the Treasury. the payroll office of the debtor’s current em- bursing official for the Department of the ‘‘(2) The head of an executive, judicial, or ployer, the period the debtor has been em- Treasury is the Secretary of the Treasury or legislative agency may delegate the waiver ployed by the current employer of the debt- his or her designee.’’. authority under paragraph (1) to the chief fi- or, and the compensation received by the (g) CORRECTION OF REFERENCES TO FEDERAL nancial officer of the agency. debtor from the current employer of the AGENCY.—(1) Sections 3716(c)(6) and 3720A(a), ‘‘(3) The chief financial officer of an agency debtor. (b), (c), and (e) of title 31, United States to whom waiver authority is delegated under ‘‘(j)(1) The head of an executive, judicial, Code, are each amended by striking ‘‘Federal paragraph (2) may redelegate that authority or legislative agency that contracts with a agency’’ each place it appears and inserting only to the deputy chief financial officer of private collection contractor to collect a ‘‘executive, judicial, or legislative agency’’. the agency. The deputy chief financial offi- debt owed to the agency, or a guaranty agen- (2) Section 3716(h)(2)(C), of title 31, United cer may not redelegate such authority. cy or institution of higher education that States Code, is amended by striking ‘‘a Fed- ‘‘(d) As used in this section— contracts with a private collection contrac- eral agency’’ and inserting ‘‘an executive, ju- ‘‘(1) the term ‘nontax debt’ means any debt tor to collect a debt owed under any loan dicial, or legislative agency’’. other than a debt under the Internal Reve- program authorized under title IV of the (h) CLARIFICATION OF INAPPLICABILITY OF nue Code of 1986 or the Tariff Act of 1930; and Higher Education Act of 1965, shall include a ACT TO CERTAIN AGENCIES.—Notwithstanding ‘‘(2) the term ‘nontax claim’ means any provision in the contract that the contrac- any other provision of law, no provision in claim other than a claim under the Internal tor— this Act, the Debt Collection Improvement Revenue Code of 1986 or the Tariff Act of ‘‘(A) shall be subject to penalties under the Act of 1996 (chapter 10 of title III of Public 1930.’’. contract if the contractor fails to comply Law 104–134; 31 U.S.C. 3701 note), chapter 37 (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 37 of with any restrictions imposed under applica- or subchapter II of chapter 33 of title 31, title 31, United States Code, is amended by ble law on the collection activities of debt United States Code, or any amendments striking the item relating to section 3720B collectors; and made by such Acts or any regulations issued and inserting the following: ‘‘(B) shall be subject to penalties under the thereunder, shall apply to activities carried contract if the contractor engages in unrea- out pursuant to a law enacted to protect, op- ‘‘3720B. Barring delinquent Federal debtors sonable or abusive debt collection practices erate, and administer any deposit insurance from obtaining Federal bene- in connection with the collection of debt funds, including the resolution and liquida- fits.’’. under the contract. tion of failed or failing insured depository (c) CONSTRUCTION.—The amendment made ‘‘(2) Notwithstanding any other provision institutions. by this section shall not be construed as al- of law— (i) CONTRACTS FOR COLLECTION SERVICES.— tering or superseding the provisions in sec- ‘‘(A) a private collection contractor under Section 3718 of title 31, United States Code, tion 525 of title 11, United States Code. this section shall not be subject to any li- is amended— SEC. 203. COLLECTION AND COMPROMISE OF ability or contract penalties in connection (1) in the first sentence of subsection NONTAX DEBTS AND CLAIMS. with efforts to collect a debt owed to an ex- (b)(1)(A), by inserting ‘‘, or any monetary (a) USE OF PRIVATE COLLECTION CONTRAC- ecutive, judicial, or legislative agency, or claim, including any claims for civil fines or TORS AND FEDERAL DEBT COLLECTION CEN- owed under any loan program authorized penalties, asserted by the Attorney General’’ TERS.—Paragraph (5) of section 3711(g) of under title IV of the Higher Education Act of before the period; title 31, United States Code, is amended to 1965, by reason of actions required by the (2) in the third sentence of subsection read as follows: ‘‘(5)(A) Nontax debts referred or trans- contract, or by applicable law or regulations; (b)(1)(A)— ferred under this subsection shall be serv- and (A) by inserting ‘‘or in connection with iced, collected, or compromised, or collec- ‘‘(B) such a contractor shall not be subject other monetary claims’’ after ‘‘collection of tion action thereon suspended or terminated, to payment of statutory damages or attor- claims of indebtedness’’; in accordance with otherwise applicable ney’s fees by reason of any action in connec- (B) by inserting ‘‘or claim’’ after ‘‘the in- statutory requirements and authorities. tion with efforts to collect such a debt, ex- debtedness’’; and ‘‘(B) The head of each executive agency cept in a case of bad faith or intentional mis- (C) by inserting ‘‘or other person’’ after that operates a debt collection center may conduct by the contractor. ‘‘the debtor’’; and enter into an agreement with the Secretary ‘‘(k) Performance of a contractor under (3) in subsection (d), by inserting ‘‘or any of the Treasury to carry out the purposes of any contract for the performance of debt col- other monetary claim of’’ after ‘‘indebted- this subsection. lection services entered into by a Federal ness owed’’. ‘‘(C) The Secretary of the Treasury shall— agency, including without limitation any SEC. 202. BARRING DELINQUENT FEDERAL DEBT- ‘‘(i) maintain a schedule of private collec- contract in effect on the date of enactment ORS FROM OBTAINING FEDERAL tion contractors and debt collection centers of the Government Waste, Fraud, and Error BENEFITS. operated by agencies that are eligible for re- Reduction Act of 1998, shall be measured, and (a) IN GENERAL.—Section 3720B of title 31, ferral of claims under this subsection; allocation of account placements and bonus United States Code, is amended to read as ‘‘(ii) maximize collections of delinquent compensation shall be determined, solely follows: debts by referring delinquent debts prompt- through an evaluation methodology that ‘‘§ 3720B. Barring delinquent Federal debtors ly; bases not less than 50 percent of the contrac- from obtaining Federal benefits ‘‘(iii) maintain competition between pri- tor’s score under such evaluation on the con- ‘‘(a)(1) A person shall not be eligible for the vate collection contractors; tractor’s gross collections net of commis- award or renewal of any Federal benefit de- ‘‘(iv) ensure, to the maximum extent prac- sions (as a percentage of account amounts scribed in paragraph (2) if the person has an ticable, that a private collection contractor placed with the contractor) under the con- outstanding nontax debt that is in a delin- to which a debt is referred is responsible for tract. The frequency of valid borrower com- quent status with any executive, judicial, or any administrative costs associated with the plaints shall be considered in the evaluation legislative agency, as determined under contract under which the referral is made. criteria. standards prescribed by the Secretary of the ‘‘(D) As used in this paragraph— ‘‘(3) In selecting contractors for perform- Treasury. Such a person may obtain addi- ‘‘(i) the term ‘nontax debt’ means any debt ance of collection services, the head of an ex- tional Federal benefits described in para- other than a debt under the Internal Reve- ecutive, judicial, or legislative agency shall graph (2) only after such delinquency is re- nue Code of 1986 or the Tariff Act of 1930; and evaluate bids received through a methodol- solved in accordance with those standards. ‘‘(ii) the term ‘nontax claim’ means any ogy that bases not less than 50 percent of the ‘‘(2) The Federal benefits referred to in claim other than a claim under the Internal bidder’s score in such evaluation on the bid- paragraph (1) are the following: Revenue Code of 1986 or the Tariff Act of der’s prior performance in terms of net ‘‘(A) Financial assistance in the form of a 1930.’’. amounts collected under government collec- loan (other than a disaster loan) or loan in- (b) LIMITATION ON DISCHARGE BEFORE USE tion contracts of similar size. The frequency surance or guarantee. OF PRIVATE COLLECTION CONTRACTOR OR DEBT of valid borrower complaints shall be consid- ‘‘(B) Any Federal permit or license other- COLLECTION CENTER.—Paragraph (9) of sec- ered in the evaluation criteria.’’. wise required by law. tion 3711(g) of title 31, United States Code, is (3) CONSTRUCTION.—None of the amend- ‘‘(b)(1) The Secretary of the Treasury may amended— ments made by this subsection shall be con- exempt any class of claims from the applica- (1) by redesignating subparagraphs (A) strued as altering or superseding the provi- tion of subsection (a) at the request of an ex- through (H) as clauses (i) through (viii); sions in section 362 of title 11, United States ecutive, judicial, or legislative agency. (2) by inserting ‘‘(A)’’ after ‘‘(9)’’; Code. ‘‘(2) The Secretary of the Treasury may (3) in subparagraph (A) (as designated by (f) CLERICAL AMENDMENT.—Section waive the application of subsection (a) with paragraph (2) of this subsection) in the mat- 3720A(h) of title 31, United States Code, is respect to any Federal permit or license oth- ter preceding clause (i) (as designated by amended— erwise required by law. paragraph (1) of this subsection), by insert- (1) beginning in paragraph (3), by striking ‘‘(c)(1) The head of any executive, judicial, ing ‘‘and subject to subparagraph (B)’’ after the close quotation marks and all that fol- or legislative agency may waive the applica- ‘‘as applicable’’; and October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10853

(4) by adding at the end the following: tive, judicial, or legislative agency to sell (c) DEFINITIONS.—In this subsection: ‘‘(B)(i) The head of an executive, judicial, loans, debts, or other assets. (1) AGENCY; DEBT.—Each of the terms or legislative agency may not discharge a SEC. 302. REQUIREMENT TO SELL CERTAIN ‘‘agency’’ and ‘‘debt’’ has the meaning that debt or terminate collection action on a debt DEBTS. term has in chapter 37 of title 31, United unless the debt has been referred to a private (a) SALE OF DELINQUENT LOANS.—The head States Code, as amended by this Act. collection contractor or a debt collection of each executive, judicial, or legislative (2) HIGH VALUE NONTAX DEBT.—The term center, referred to the Attorney General for agency shall sell any nontax loan owed to ‘‘high value nontax debt’’ means a nontax litigation, sold without recourse, adminis- the United States by the later of— debt having an outstanding value (including trative wage garnishment has been under- (1) the date on which the debt becomes 24 principal, interest, and penalties) that ex- taken, or in the event of bankruptcy, death, months delinquent; or ceeds $1,000,000. or disability. (2) 24 months after referral of the debt to SEC. 402. REVIEW BY INSPECTORS GENERAL. ‘‘(ii) The Secretary of the Treasury may, the Secretary of the Treasury pursuant to (a) INSPECTOR GENERAL REPORTS.—The In- at the request of an agency, waive the appli- section 3711(g)(1) of title 31, United States spector General of each agency shall review cation of clause (i) to any debt, or class of Code. Sales under this subsection shall be the annual report to Congress required in debts, if the Secretary of the Treasury deter- conducted under the authority in section 301. section 401 and make such recommendations mines that the waiver is in the best interest (b) SALE OF NEW LOANS.—The head of each as necessary to improve performance of the of the United States.’’. executive, judicial, or legislative agency agency. Each Inspector General shall peri- TITLE III—SALE OF DEBTS OWED TO shall sell each loan obligation arising from a odically review and report to Congress on UNITED STATES program administered by the agency, not the agency’s debt collection management later than 6 months after the loan is dis- practices. As part of such reviews, the In- SEC. 301. AUTHORITY TO SELL DEBTS. bursed, unless the head of the agency deter- spector General shall examine agency efforts (a) PURPOSE.—The purpose of this section mines that the sale would interfere with the to reduce the aggregate amount of high is to provide that the head of each executive, mission of the agency administering the pro- value nontax debts that are resolved in judicial, or legislative agency shall establish gram under which the loan was disbursed, or whole or in part by compromise, default, or a program of debt sales in order to— the head of the agency, in consultation with bankruptcy. (1) minimize the loan and debt portfolios of the Director of the Office of Management (b) REPORT BY THE PRESIDENT’S COUNCIL ON the agency; and Budget and the Secretary of the Treas- INTEGRITY AND EFFICIENCY.—Not later than (2) improve credit management while serv- ury, determines that a longer period is nec- 270 days after the end of each fiscal year, the ing public needs; essary to protect the financial interests of President’s Council on Integrity and Effi- (3) reduce delinquent debts held by the the United States. Such loan obligations ciency shall submit a report to the Commit- agency; shall be audited annually in accordance with tee on Government Reform and Oversight of (4) obtain the maximum value for loan and generally accepted audit standards. Sales the House of Representatives and the Com- debt assets; and under this subsection shall be conducted mittee on Governmental Affairs of the Sen- (5) obtain valid data on the amount of the under the authority in section 301. ate which summarizes the reviews conducted Federal subsidy inherent in loan programs (c) SALE OF DEBTS AFTER TERMINATION OF by the inspector general under this section. conducted pursuant to the Federal Credit COLLECTION ACTION.—After terminating col- Notwithstanding the preceding sentence, the Reform Act of 1990 (Public Law 93–344). lection action, the head of an executive, ju- Chairman of the President’s Council on In- (b) SALES AUTHORIZED.—(1) The head of an dicial, or legislative agency shall sell, using tegrity and Efficiency may submit such re- executive, judicial, or legislative agency competitive procedures, any nontax debt or port in conjunction with an annual report on may sell, subject to section 504(b) of the Fed- class of debts owed to the United States un- the collection of debts owed to the United eral Credit Reform Act of 1990 (2 U.S.C. less the head of the agency, in consultation States. 661c(b)) and using competitive procedures, with the Director of the Office of Manage- SEC. 403. REQUIREMENT TO SEEK SEIZURE AND any nontax debt owed to the United States ment and Budget and the Secretary of the FORFEITURE OF ASSETS SECURING that is administered by the agency. Treasury, determines that the sale is not in HIGH VALUE NONTAX DEBT. (2) Costs the agency incurs in selling debt the best financial interests of the United The head of an agency authorized to col- pursuant to this section may be deducted States. Such debts shall be audited annually lect a high value nontax debt that is delin- from the proceeds received from the sale. in accordance with generally accepted audit quent shall, when appropriate, promptly Such costs may include, but are not limited standards. seek seizure and forfeiture of assets pledged to— (d) LIMITATIONS.—(1) The head of an execu- to the United States in any transaction giv- (A) the costs of computer hardware and tive, judicial, or legislative agency shall not, ing rise to the nontax debt. When an agency software, processing and telecommuni- without the approval of the Attorney Gen- determines that seizure or forfeiture is not appropriate, the agency shall include a jus- cations equipment, other equipment, sup- eral, sell any debt that is the subject of an tification for such determination in the re- plies, and furniture; allegation of or investigation for fraud, or port under section 401. (B) personnel training and travel costs; that has been referred to the Department of (C) other personnel and administrative Justice for litigation. TITLE V—FEDERAL PAYMENTS costs; (2) The head of an executive, judicial, or SEC. 501. TRANSFER OF RESPONSIBILITY TO SEC- (D) the costs of any contract for identifica- legislative agency may exempt from sale any RETARY OF THE TREASURY WITH tion, billing, or collection services; class of debts if the head of the agency deter- RESPECT TO PROMPT PAYMENT. (E) the costs of contractors assisting in the mines that the sale would interfere with the (a) DEFINITION.—Section 3901(a)(3) of title 31, United States Code, is amended by strik- sale of debt; mission of the agency administering the pro- ing ‘‘Director of the Office of Management (F) the fees of appraisers, auctioneers, and gram under which the indebtedness was in- and Budget’’ and inserting ‘‘Secretary of the realty brokers; curred. Treasury’’. (G) the costs of advertising and surveying; TITLE IV—TREATMENT OF HIGH VALUE (b) INTEREST.—Section 3902(c)(3) of title 31, and NONTAX DEBTS United States Code, is amended by striking (H) other reasonable costs incurred by the SEC. 401. ANNUAL REPORT ON HIGH VALUE ‘‘Director of the Office of Management and agency. NONTAX DEBTS. Budget’’ and inserting ‘‘Secretary of the (3) Sales of debt under this section— (a) IN GENERAL.—Not later than 90 days Treasury’’. (A) shall be for— after the end of each fiscal year, the head of (c) REGULATIONS.—Section 3903(a) of title (i) cash; or each agency that administers a program that 31, United States Code, is amended by strik- (ii) cash and a residuary equity, joint ven- gives rise to a delinquent high value nontax ing ‘‘Director of the Office of Management ture, or profit participation, if the head of debt shall submit a report to Congress that and Budget’’ and inserting ‘‘Secretary of the the agency, in consultation with the Direc- lists each such debt. Treasury’’. tor of the Office of Management and Budget (b) CONTENT.—A report under this section (d) REPORTS.—Section 3906(a)(1) of title 31, and the Secretary of the Treasury, deter- shall, for each debt listed in the report, in- United States Code, is amended by striking mines that the proceeds will be greater than clude the following: ‘‘Director of the Office of Management and the proceeds from a sale solely for cash; (1) The name of each person liable for the Budget’’ each place it appears and inserting (B) shall be without recourse against the debt, including, for a person that is a com- ‘‘Secretary of the Treasury’’. United States, but may include the use of pany, cooperative, or partnership, the names SEC. 502. PROMOTING ELECTRONIC PAYMENTS. guarantees if otherwise authorized by law; of the owners and principal officers. (a) EARLY RELEASE OF ELECTRONIC PAY- and (2) The amounts of principal, interest, and MENTS.—Section 3903(a) of title 31, United (C) shall transfer to the purchaser all penalty comprising the debt. States Code, is amended— rights of the United States to demand pay- (3) The actions the agency has taken to (1) by amending paragraph (1) to read as ment of the debt, other than with respect to collect the debt, and prevent future losses. follows: a residuary equity, joint venture, or profit (4) Specification of any portion of the debt ‘‘(1) provide that the required payment participation under subparagraph (A)(ii). that has been written-down administratively date is— (c) EXISTING AUTHORITY NOT AFFECTED.— or due to a bankruptcy proceeding. ‘‘(A) the date payment is due under the This section is not intended to limit existing (5) An assessment of why the borrower de- contract for the item of property or service statutory authority of the head of an execu- faulted. provided; or H10854 CONGRESSIONAL RECORD — HOUSE October 14, 1998 ‘‘(B) no later than 30 days after a proper in- Federal permit or license, Federal con- We urge all Members to support this voice for the amount due is received if a spe- tractor or other award or renewal of a bill. It is a noncontroversial piece of cific payment date is not established by con- Federal benefit. H.R. 4243 also requires legislation. tract;’’; and agencies to refer debts to a private col- More specifically, this legislation will provide (2) by striking ‘‘and’’ after the semicolon at the end of paragraph (8), by striking the lection agency or an agency-operated additional tools for the government to improve period at the end of paragraph (9) and insert- debt collection center prior to the ter- government operations: ing ‘‘; and’’, and by adding at the end the fol- mination of a collection action. First, the bill contains general management lowing: The bill focuses its attention on large improvements. It will ensure that Congress ‘‘(10) provide that the Secretary of the debts. It authorizes each agency to pre- continues to receive agency audited financial Treasury may waive the application of re- pare a report on high value delinquent statements and repeals obsolete provisions of quirements under paragraph (1) to provide debts; that is, debts greater than $1 the law. The bill will improve travel manage- for early payment of vendors in cases where million within 90 days after the end of ment by requiring agencies to use, to the max- an agency will implement an electronic pay- ment technology which improves agency the fiscal year. Agencies are authorized imum extent possible, travel management cen- cash management and business practice.’’. by this legislation to seize any pledged ters and electronic reservation and payment (b) AUTHORITY TO ACCEPT ELECTRONIC PAY- asset if the high value debt is not re- systems in order to improve efficiency and MENT.— paid. H.R. 4243 contains these impor- economy. (1) IN GENERAL.—Subject to an agreement tant provisions and many others de- Second, the bill makes improvement to the between the head of an executive agency and signed to improve the efficiency and ef- Federal Debt Collection Improvement Act of the applicable financial institution or insti- fectiveness of Federal debt collection. 1996. It corrects an error which has prevented tutions based on terms acceptable to the This measure, along with the Debt Social Security payments from being offset for Secretary of the Treasury, the head of such agency may accept an electronic payment, Collection Improvement Act of 1996, is the collection of child support. These debts, including debit and credit cards, to satisfy a a bipartisan piece of legislation. My since they are being enforced by a State, debt owed to the agency. thanks to the ranking member, the were ineligible for offset, as State debts were (2) GUIDELINES FOR AGREEMENTS REGARDING gentleman from Ohio (Mr. KUCINICH), specifically excluded from Social Security off- PAYMENT.—The Secretary of the Treasury and the former ranking member the set. With this correction, States will be able to shall develop guidelines regarding agree- gentlewoman from New York (Mrs. move forward with implementation of this pro- ments between agencies and financial insti- MALONEY) for all their help. I also wish vision. tutions under paragraph (1). to give thanks to a former member of Third, I am pleased that Representative The SPEAKER pro tempore. Pursu- the staff, Mark Brasher, for the great HORN has agreed to add a provision that the ant to the rule, the gentleman from effort that he made on behalf of this minority requested that authorizes the Depart- California (Mr. HORN) and the gen- legislation in the 1996 law as well as ment of Justice to obtain the assistance of tleman from California (Mr. WAXMAN) this bill which is before us. outside counsel in the Department's pursuit of each will control 20 minutes. Madam Speaker, H.R. 4243 is a sig- monetary claims, including civil fines or pen- The Chair recognizes the gentleman nificant step forward. I urge my col- alties. Due to the growing complexity of litiga- from California (Mr. HORN). leagues to support it. tion, many lawsuits now require highly special- Mr. HORN. Madam Speaker, I yield Madam Speaker, I reserve the bal- ized expertise. These cases range from intri- myself such time as I may consume. ance of my time. Madam Speaker, according to the De- cate antitrust cases involving software compa- Mr. WAXMAN. Madam Speaker, I partment of the Treasury delinquent nies to labyrinthine fraud cases involving yield myself such time as I may con- nontax debts owed to the Federal Gov- home health care or other types of complex sume. ernment totaled $51 billion at the end consumer fraud. Outside firms have acquired (Mr. WAXMAN asked and was given of fiscal year 1997. Of this amount $47.2 substantial expertise that the Department of permission to revise and extend his re- billion was delinquent for more than Justice may lack. To address this concern, marks.) 180 days. In addition, the Federal Gov- section 201 of this bill amends section 3718 of Mr. WAXMAN. Madam Speaker, I title 31 to allow the Department of Justice to ernment also writes off about $10 bil- want to commend my colleagues the lion per year. In short, Madam Speak- retain outside counsel to assist the Depart- gentleman from California (Mr. HORN), er, collection of Federal debt is a major ment in litigation seeking monetary damages, chairman of the Subcommittee on Gov- problem. fines, or penalties. The bill before this House, H.R. 4243, ernment Management, and the gentle- Fourth, this bill will authorize agencies to the Government Waste, Fraud and woman from New York (Mrs. MALONEY) sell nontax debts owed to the United States in Error Reduction Act of 1998 would im- for their recent efforts to craft a bipar- order to reduce delinquent debts held by prove the efficiency and economy of tisan bill, and I also want to acknowl- agencies. This will allow Federal agencies to Federal debt collection practices. It edge the work done by the gentleman obtain the maximum value for loans and debt builds on other debt collection initia- from Ohio (Mr. KUCINICH). I applaud assets. In addition, this legislation will provide tives such as the Debt Collection Im- their devotion to assuring that Federal agencies with increased leverage to collect provement Act of 1996 which the gen- debts are fully paid. Chairman Horn debt from certain self-employed professionals. tlewoman from New York (Mrs. has been receptive to the administra- Under the bill, agencies will have the authority MALONEY) and myself brought to this tion’s concerns with this bill. The ad- to deny Federal permits or licenses to delin- Chamber and is now law, and it pro- ministration is not opposed. I am hope- quent Federal debtors. vides the Federal Government with ad- ful that this bill will provide the gov- Fifth, this legislation will dictate greater dis- ditional tools to improve debt collec- ernment with helpful new options to closure of high value nontax debts by requir- tion. recover substantial amounts of Federal ing annual reports to Congress. It will also au- H.R. 4243 allows States to collect taxpayer money. thorize agencies to seize the asserts of delin- past due child support by offsetting the I support H.R. 4243. This bill is in- quent debtors who owe the United States amount owed by a debtor from Federal tended to increase collections on delin- more than $1 million. benefits paid to that person. In other quent debt owed to the Federal Govern- And finally, this legislation improves financial words, if an individual receives a pay- ment, improve federal payment sys- management by authorizing agencies to ac- ment from the Federal Government tems and travel management and de- cept electronic payments to satisfy a debt and yet has not met his or her child crease high value debt totaling over $1 owed to the agency. support obligation, the amount owed million. This legislation will provide It is our goal in passing this legislation to can be deducted from the payment re- the Federal Government with new improve the efficiency of our Government and ceived from the Federal Government. tools to collect debt over a million dol- to protect the financial interest of the tax- The bill also authorizes private col- lars. The bill would strengthen the payers by collecting what is rightfully owed. lection agencies to verify the employ- Federal government’s ability to re- This bill makes constructive changes to im- ment information of a Federal debtor cover substantial amounts of taxpayer prove the performance of the Federal Govern- for the purpose of collecting debts owed money. It also enhances the ability of ment. It makes good sense and is good gov- to the Federal Government. the Department of Justice to pursue ernment. I urge your support for this measure. The bill authorizes agencies to bar civil actions seeking monetary dam- Madam Speaker, I yield back the bal- delinquent debtors from obtaining a ages, fines or penalties. ance of my time. October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10855 Mr. HORN. Madam Speaker I yield, require the Secretary of State to sub- ‘‘(iii) driving while intoxicated. such time as he may consume to the mit an annual report to Congress con- ‘‘(b) UNITED STATES POLICY CONCERNING gentleman from New York (Mr. GIL- cerning diplomatic immunity. REFORM OF DIPLOMATIC IMMUNITY.—It is the sense of the Congress that the Secretary of MAN), my good friend and one of the The Clerk read as follows: State should explore, in appropriate fora, ranking members of the Committee on S. 759 whether states should enter into agreements Government Reform and Oversight. Be it enacted by the Senate and House of Rep- and adopt legislation— (Mr. GILMAN asked and was given resentatives of the United States of America in ‘‘(1) to provide jurisdiction in the sending permission to revise and extend his re- Congress assembled, state to prosecute crimes committed in the marks.) SECTION 1. REPORTS AND POLICY CONCERNING receiving state by persons entitled to immu- Mr. GILMAN. Madam Speaker, I DIPLOMATIC IMMUNITY. nity from criminal jurisdiction under laws want to commend the gentleman from Title I, of the State Department Basic Au- extending diplomatic privileges and immuni- California (Mr. HORN), a senior member thorities Act of 1956 (22 U.S.C. 4301 et seq.; ties; and of our Committee on Government Over- commonly referred to as the ‘‘Foreign Mis- ‘‘(2) to provide that where there is probable sions Act’’) is amended by inserting after cause to believe that an individual who is en- sight and Reform, for bringing this section 204A the following new section: titled to immunity from the criminal juris- measure to the floor and for sponsoring ‘‘SEC. 204B. CRIMES COMMITTED BY DIPLOMATS. diction of the receiving state under laws ex- this measure along with the gentle- ‘‘(a) ANNUAL REPORT CONCERNING DIPLO- tending diplomatic privileges and immuni- woman from New York (Mrs. MATIC IMMUNITY.— ties committed a serious crime, the sending MALONEY), the gentleman from Texas ‘‘(1) REPORT TO CONGRESS.—The Secretary state will waive such immunity or the send- (Mr. SESSIONS) the gentleman from of State shall prepare and submit to the Con- ing state will prosecute such individual. New Hampshire (Mr. SUNUNU) and the gress, annually, a report concerning diplo- ‘‘(c) NOTIFICATION OF DIPLOMATIC CORPS.— gentleman from Pennsylvania (Mr. matic immunity entitled ‘‘Report on Cases The Secretary should periodically notify Involving Diplomatic Immunity’’. each foreign mission of United States poli- KANJORSKI), a bipartisan measure out ‘‘(2) CONTENT OF REPORT.—In addition to cies relating to criminal offenses committed of our Committee on Government Re- such other information as the Secretary of by individuals with immunity from the form. It is amazing to hear the statis- State may consider appropriate, the report criminal jurisdiction of the United States tics that the gentleman from Califor- under paragraph (1) shall include the follow- under laws extending diplomatic privileges nia (Mr. HORN) related of over $100 mil- ing: and immunities.’’. lion in bad debts, and $10 million being ‘‘(A) The number of persons residing in the The SPEAKER pro tempore. Pursu- wiped out each year, and many of those United States who enjoy full immunity from ant to the rule, the gentleman from the criminal jurisdiction of the United debts over 180 days due and delinquent. New York (Mr. GILMAN) and the gen- This is the kind of attention we should States under laws extending diplomatic privileges and immunities. tleman from Indiana (Mr. HAMILTON) be giving in Federal management. ‘‘(B) Each case involving an alien described each will control 20 minutes. I remember the Grace Commission in subparagraph (A) in which an appropriate The Chair recognizes the gentleman during my earlier days in the Congress, authority of a State, a political subdivision from New York (Mr. GILMAN). and I was pleased to follow some of his of a State, or the United States reported to GENERAL LEAVE recommendations. I was the first one the Department of State that the authority Mr. GILMAN. Madam Speaker, I ask to insist that checks received by our had reasonable cause to believe the alien unanimous consent that all Members government be deposited within 30 committed a serious criminal offense within may have 5 days within which to revise days, a very simple business like meth- the United States, and any additional infor- and extend their remarks on S. 759. od, and I am pleased to see that the mation provided to the Secretary relating to other serious criminal offenses that any such The SPEAKER pro tempore. Is there gentleman from California (Mr. HORN) authority had reasonable cause to believe objection to the request of the gen- is carrying on that tradition of trying the alien committed before the period cov- tleman from New York? to get rid of some of the waste and mis- ered by the report. The Secretary may omit There was no objection. management in our vast bureaucracy, from such report any matter the provision of the Federal Government. I commend which the Secretary reasonably believes Mr. GILMAN. Madam Speaker, I him and the sponsors, and I thank the would compromise a criminal investigation yield myself such time as I may con- sume. gentleman from California (Mr. WAX- or prosecution or which would directly com- promise law enforcement or intelligence (Mr. GILMAN asked and was given MAN) for pursuing this matter as well, sources or methods. permission to revise and extend his re- and I want to urge our colleagues to ‘‘(C) Each case described in subparagraph fully support this measure. marks.) (B) in which the Secretary of State has cer- Mr. GILMAN. Madam Speaker, I am Mr. HORN. Madam Speaker, I yield tified that a person enjoys full immunity myself such time as I may consume. from the criminal jurisdiction of the United pleased to bring this bill before the Madam Speaker, I thank the gen- States under laws extending diplomatic House sponsored by the gentleman tleman from New York (Mr. GILMAN) privileges and immunities. from San Dimas, California (Mr. for his kind remarks on a number of us. ‘‘(D) The number of United States citizens DREIER), the distinguished senior mem- Madam Speaker, I yield back the bal- who are residing in a receiving state and who ber of the Committee on Rules. This is ance of my time. enjoy full immunity from the criminal juris- a measure that is substantially iden- diction of such state under laws extending The SPEAKER pro tempore. The tical to a provision that has passed the diplomatic privileges and immunities. House, is a portion of another bill, the question is on the motion offered by ‘‘(E) Each case involving a United States the gentleman from California (Mr. citizen under subparagraph (D) in which the enactment of which into law is still un- HORN) that the House suspend the rules United States has been requested by the gov- certain in the other body. It is non- and pass the bill, H.R. 4243, as amend- ernment of a receiving state to waive the im- controversial, and it is backed by orga- ed. munity from criminal jurisdiction of the nizations such as the Fraternal Order The question was taken; and (two- United States citizen. of Police, and the calls upon the Presi- thirds having voted in favor thereof) ‘‘(F) Whether the Secretary has made the dent to seek to reform the practice of notifications referred to in subsection (c) the rules were suspended and the bill, diplomatic immunity so as to assure during the period covered by the report. that diplomats who commit crime are as amended, was passed. ‘‘(3) SERIOUS CRIMINAL OFFENSE DEFINED.— A motion to reconsider was laid on For the purposes of this section, the term punished either in the country where the table. ‘serious criminal offense’ means— they are posted or in their home coun- f ‘‘(A) any felony under Federal, State, or try. It also provides for enhancing re- local law; porting of crimes by diplomats in this REQUIRING THE SECRETARY OF ‘‘(B) any Federal, State, or local offense Nation and encourages the Secretary of STATE TO SUBMIT AN ANNUAL punishable by a term of imprisonment of State to communicate clearly to for- REPORT TO CONGRESS CONCERN- more than 1 year; eign missions in our Nation our Na- ING DIPLOMATIC IMMUNITY ‘‘(C) any crime of violence as defined for tion’s policy of zero tolerance for diplo- purposes of section 16 of title 18, United Mr. GILMAN. Mr. Speaker, I move to States Code; or matic crimes. suspend the rules and pass the Senate ‘‘(D)(i) driving under the influence of alco- This bill is a counterpart of a bill, bill (S. 759) to amend the State Depart- hol or drugs; H.R. 1672 introduced by the gentleman ment Basic Authorities Act of 1956 to ‘‘(ii) reckless driving; or from California (Mr. DREIER) who has H10856 CONGRESSIONAL RECORD — HOUSE October 14, 1998 been a leader in the effort to accom- I would also like to say to my friend magnanimous remarks, and to say it plish sensible reform of diplomatic im- the gentleman from Indiana (Mr. HAM- has been for me too a magnificent munity, and the passage of this bill at ILTON) that I have appreciated his un- privilege to work with you. I do not this time is a tribute to Mr. DREIER’s derstanding of the need to deal with want to try to make a prediction about dedication. The gentleman from Cali- what obviously is a very important the elections coming up, but I know fornia is an internationalist who recog- issue and his support, as he just stated, that if they turn out favorably for the nizes the importance of American dip- of the legislation. majority party here, the gentleman in lomatic missions abroad and of the Let me just take one moment, and I the well now will have very, very major presence of their counterparts in our know that I had the privilege during responsibilities in the next Congress. I Nation. But he also understands that the special order that we had the other have no doubt that he will discharge diplomats should not be able to have evening to enter some very strong those well, and we wish him well. free rein to commit crimes. words in support of LEE HAMILTON and Thank you very much. I should note that the legislation making it clear he is going to be sorely Mr. DREIER. Madam Speaker, re- also draws on elements of an amend- missed when he retires at the end of claiming my time, I thank my friend. ment propounded by H.R. 1757 by the this Congress, and we do not know ex- Madam Speaker, let me just take a gentleman from Colorado (Mr. actly when that will be, so his service moment to again express my apprecia- HEFLEY). I salute his contributions may be extending further than he an- tion of the gentleman from New York and, of course, the leadership of the ticipated. We already know, having (Mr. GILMAN) for moving this legisla- senator from Georgia, Mr. COVERDELL gone for several days, that it has done tion forward. This is a very important who is a sponsor of the Senate bill that. measure. The gentleman from Indiana which we are considering today. But it has been a privilege for me to (Mr. HAMILTON) and the gentleman This bill is worthy legislation, and it have worked closely with LEE HAMIL- from New York (Mr. GILMAN) had it in- deserves the support of our colleagues. TON on a number of issues. This obvi- corporated in the Foreign Assistance Madam Speaker, I reserve the bal- ously is one of them, issues dealing Authorization Act, and we all know ex- ance of my time. with the committee which he used to actly what happened to that. Unfortu- Mr. HAMILTON. Madam Speaker, I Chair and now, I am happy to say, nately, we have not been able to see yield myself such time as I may con- serves as ranking minority member of that bill become public law. sume, and I rise in support of the bill. But last year, just into this Congress, Let me begin by commending the dis- the Committee on International Rela- we all heard, the world heard, about tinguished chairman of the committee, tions, formerly the Committee on For- the horrible tragedy of the killing of the gentleman from New York (Mr. eign Affairs, and I should say that ac- tually is one of the issues we spent a Jovian Waldrich, a 16 year old girl who GILMAN), and Senator COVERDELL and was run over by a drunken diplomat the gentleman from California (Mr. great deal of time working on, trying our darnedest to bring about a modi- from the State of Georgia. It seems to DREIER) for their work in bringing this me that when this problem came to the bill to the floor today. The bill would cum of reform of this institution. We had the privilege in 1993, I guess forefront, it focused attention on the require the State Department to pro- that was the 103d Congress, to work to- issue of diplomatic immunity. vide an annual report to Congress on gether on an overall reform of the in- We recognized that repeal of diplo- foreign diplomats in the United States stitution. I was privileged to serve as matic immunity, obviously, could be who commit serious crimes. I think it his co-vice chairman of what was devastating for our national interests. is a very worthy bill. Such a report called the Joint Committee on the Or- We cannot have in other countries peo- would enable us to determine the grav- ganization of Congress. Unfortunately, ple have their lives jeopardized and ity of offenses committed by foreign we were not able to get many, really threatened by governments if we were diplomats and the number of times dip- none of those recommendations, that to repeal diplomatic immunity. That lomatic immunity has been requested we had through in the 103d Congress. conceivably could happen. So diplo- by foreign government in U.S. prosecu- But when we did come to majority in matic immunity is a very important tions. At the same time the report 1995, we were able to take large parts of thing. would also track cases where foreign the work product which LEE HAMILTON But with the dramatic increase in countries have asked the United States had overseen and were able to imple- the number of diplomats that we have to waive immunity for U.S. diplomats ment that. seen in this country and throughout who have committed serious crimes. So I also would like to say on the issue the world, there has been abuse, and I think the report does serve a useful of global trade, there has been no one when you have the tragic loss of life purpose. and some of the other horrendous in- My only concern about the bill is, of who has been more passionate and stances that have been reported to me, course, the number of times we place committed to what I think is the cor- of raping and other crimes that have upon the administration the burden rect position than LEE HAMILTON. He is been inflicted against our citizenry, and the cost of reports, and we have to a strong free-trader, and we worked and diplomatic immunity has been be cognizant of that, but I do recognize long and hard on our goal of expanding claimed, it seems to me we need to hear the information that is required western values through trade inter- take some kind of action to bring by this report can be very helpful to us nationally, and he will be sorely missed about reform. in assessing this possible abuse of dip- in that effort as we continue to pursue fast track, normal trade relations with This bill, which we have been work- lomatic immunity. ing, as I said, for nearly two years on I urge my colleagues to join me in the People’s Republic of China and a with our friends, is one which is de- support of this bill. number of other issues in the years to Madam Speaker I reserve the balance come. signed to really make sure that, first, of my time. I would like to say, what a great we have a reporting from the State De- Mr. GILMAN. Madam Speaker, I friend, and I wish LEE and Nancy well partment on the instances of diplo- yield such time as he may consume to in their retirement. LEE showed his matic immunity being used, and then the gentleman from San Dimas, Cali- great brilliance by selecting a Califor- it is our hope that we can see account- fornia (Mr. DREIER), the author of this nian as his wife, and I know that they ability come about, where we will have measure. will be here in Washington in this the nations involved actually take re- great spot at the Wilson Center and sponsibility for the actions of their b 1200 also at the Indiana University. representatives who are here in this Mr. DREIER. Madam Speaker, I Mr. HAMILTON. Madam Speaker, country. thank my friend from Middletown, the will the gentleman yield? It is my hope that if crimes are per- distinguished chairman of the Commit- Mr. DREIER. I yield to the gen- petrated here in the United States or tee on International Relations, and I tleman from Indiana. anywhere in the world, that these dip- appreciate his strong support and lead- Mr. HAMILTON. Madam Speaker, I lomats or their family members who ership on this issue in helping us shep- just want to thank the gentleman for use diplomatic immunity will be sent herd it through. his very kind and generous and even back to their home countries and face October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10857 full responsibility for the actions that when the perpetrator was not charged. contributing to the long-term interests they have perpetrated here. We need to make foreign representa- of this country. So I am a supporter of diplomatic im- tives in this country know that they Mr. HAMILTON. Madam Speaker, munity. I believe it is a very important will be held accountable when they will the gentleman yield? tool for us. But I believe also when you commit terrible crimes. I welcome all Mr. OBEY. I yield to the gentleman look at the tragic loss of Jovian people, all of us welcome all people of from Indiana. Waldrich and the countless other vic- all nationalities into this country, but, Mr. HAMILTON. Madam Speaker, let tims of those who have been victims of at the same time, I do not think dip- me just say I appreciate very deeply those who have used diplomatic immu- lomats should have the right to come the comments the gentleman from Wis- nity to free themselves of responsibil- here and kill or commit other serious consin has made. He and I have had an ity, that this is a step towards address- crimes against U.S. citizens without opportunity to work on a great many ing that. expecting punishment. foreign policy issues over a period of So I again thank my colleagues, and Again, Madam Speaker, I would like years, and everything you have said I believe this is a very important meas- to thank the chairman and the other about me I return in spades for you. It ure, and urge my colleagues to support members of the Committee on Inter- has been a great pleasure to work with it. national Relations for recognizing this you. I thank you for your kind and gen- Mr. GILMAN. Madam Speaker, I problem and for moving on this legisla- erous remarks. yield myself such time as I may con- tion to attempt to correct this prob- Madam Speaker, I have no further re- quests for time, and I yield back the sume. lem. Madam Speaker, I thank the gen- Mr. HAMILTON. Madam Speaker, I balance of my time. Mr. GILMAN. Madam Speaker, I tleman from California for his very am pleased to yield three minutes to yield back the balance of my time. persuasive arguments on behalf of the the distinguished gentleman from Wis- The SPEAKER pro tempore (Mrs. bill. It is worthy legislation, and I hope consin (Mr. OBEY). EMERSON). The question is on the mo- Mr. OBEY. Madam Speaker, I want our colleagues will join with him in tion offered by the gentleman from support of this measure. to take this time to say something New York (Mr. GILMAN) that the House Madam Speaker, I yield such time as that has absolutely nothing to do with suspend the rules and pass the Senate he may consume to the gentleman this bill. I do simply want to say that bill, S. 759. from Tennessee (Mr. DUNCAN), the when the gentleman from Indiana (Mr. The question was taken. chairman of the Subcommittee on HAMILTON) retires, this institution will Mr. HAMILTON. Madam Speaker, I Aviation, who is a cosponsor, along have lost one of the most thoughtful object to the vote on the ground that a with the gentleman from California, of human beings who has ever walked the quorum is not present and make the the House counterpart of this bill. floor of this House. point of order that a quorum is not Mr. DUNCAN. Madam Speaker, I Of all of the relationships that I have present. would like first to thank the gen- had through the years in this House, it The SPEAKER pro tempore. Pursu- tleman from New York (Chairman GIL- is hard for me to think of one that has ant to clause 5, rule I, and the Chair’s MAN) and other members of the com- made me feel more rewarded than the prior announcement, further proceed- mittee for bringing this important leg- relationship I have had with the gen- ings on this motion will be postponed. islation to the floor today, which is al- tleman from Indiana (Mr. HAMILTON) in The point of no quorum is considered most identical to a bill that the gen- dealing with our mutual responsibil- withdrawn. tleman from California (Mr. DREIER) ities in the area of international af- f and myself introduced in the House fairs. early last year. When Congresses deal with foreign CENTENNIAL OF FLIGHT I would also like to thank Senator affairs, usually we are dealing with COMMEMORATION ACT COVERDELL, a senior member of the issues that are not very well under- Mr. PAPPAS. Madam Speaker, I Senate Foreign Relations Committee, stood by our constituents and, frankly, move to suspend the rules and pass the for introducing the same legislation in often not very well understood by a Senate bill (S. 1397) to establish a com- the Senate. number of our colleagues as well. mission to assist in commemoration of This language, the language in this Often in dealing with international the centennial of powered flight and bill, will encourage the State Depart- affairs, the right thing for our country the achievements of the Wright Broth- ment to hold diplomats accountable for is to do something which may not be, ers. crimes committed in the United for the moment, very popular. That has The Clerk read as follows: States, and it is the first time that we never stopped the gentleman from Indi- S. 1397 have had legislation that will attempt ana from doing exactly what he has Be it enacted by the Senate and House of Rep- to accomplish this. thought was right for this country on resentatives of the United States of America in Specifically, the bill urges the State each and every occasion that I have Congress assembled, Department to pursue waivers of diplo- ever dealt with him, whether the issue SECTION 1. SHORT TITLE. matic immunity when foreign dip- is seeing to it that we have a construc- This Act may be cited as the ‘‘Centennial of Flight Commemoration Act’’. lomats commit serious crimes in the tive policy in the Middle East, or SEC. 2. FINDINGS. United States. In addition, if a foreign whether it is searching for ways to Congress finds that— government of a diplomat who com- open up lines of assistance to the newly (1) December 17, 2003, is the 100th anniver- mits a crime will not agree to waive emerging democracies that were be- sary of the first successful manned, free, con- immunity, that government will be en- hind the Iron Curtain, or whether it is trolled, and sustained flight by a power-driv- couraged to prosecute the criminal for dealing with the economic problems en, heavier-than-air machine; the same offense in their own courts. that we face in Asia on each and every (2) the first flight by Orville and Wilbur Madam Speaker, this problem was issue, the gentleman from Indiana has Wright represents the fulfillment of the age- brought to the forefront last year in old dream of flying; simply asked what is in the best long- (3) the airplane has dramatically changed Washington when a 16 year old girl was term interests of the United States. He the course of transportation, commerce, killed by a diplomat who was driving has stood on principle, and yet he has communication, and warfare throughout the while drunk. This diplomat could have not been afraid to look for reasonable world; avoided prosecution under diplomatic compromises that did not compromise (4) the achievement by the Wright brothers immunity. those principles. stands as a triumph of American ingenuity, I believe this case and others have I, for one, will very much miss him, inventiveness, and diligence in developing shown us that we need to take a seri- and I am certain that every thoughtful new technologies, and remains an inspiration ous look at how the current system op- Member of this House would share my for all Americans; (5) it is appropriate to remember and renew erates. In fact, it has been reported views and say that the country is expe- the legacy of the Wright brothers at a time that there has been on average one riencing a major loss with his depar- when the values of creativity and daring rep- death a year over the last 10 years in ture from this institution. But I know resented by the Wright brothers are critical which a diplomat has been involved that in his next work, he will also be to the future of the Nation; and H10858 CONGRESSIONAL RECORD — HOUSE October 14, 1998

(6) as the Nation approaches the 100th an- (G) elementary, secondary, and higher edu- (B) FEDERAL SUPPORT.—The Commission niversary of powered flight, it is appropriate cational institutions; shall obtain property, equipment, and office to celebrate and commemorate the centen- (H) civil, patriotic, educational, sporting, space from the General Services Administra- nial year through local, national, and inter- arts, cultural, and historical organizations tion or the Smithsonian Institution, unless national observances and activities. and technical societies; other office space, property, or equipment is SEC. 3. ESTABLISHMENT. (I) aerospace-related museums; and less costly. There is established a commission to be (J) State and local governments; (3) SUPPLIES AND PROPERTY POSSESSED BY known as the Centennial of Flight Commis- (3) plan and develop, in coordination with COMMISSION AT TERMINATION.—Any supplies sion. the First Flight Centennial Commission, the and property, except historically significant SEC. 4. MEMBERSHIP. First Flight Centennial Foundation of North items, that are acquired by the Commission Carolina, and the 2003 Committee of Ohio, (a) NUMBER AND APPOINTMENT.—The Com- under this Act and remain in the possession mission shall be composed of 6 members, as programs and activities that are appropriate of the Commission on the date of the termi- follows: to commemorate the 100th anniversary of nation of the Commission shall become the (1) The Director of the National Air and powered flight; property of the General Services Administra- Space Museum of the Smithsonian Institu- (4) maintain, publish, and distribute a cal- tion upon the date of termination. endar or register of national and inter- tion or his designee. (d) MAILS.—The Commission may use the (2) The Administrator of the National Aer- national programs and projects concerning, United States mails in the same manner and onautics and Space Administration or his and provide a central clearinghouse for, in- under the same conditions as any other Fed- designee. formation and coordination regarding, dates, eral agency. (3) The chairman of the First Flight Cen- events, and places of historical and com- SEC. 7. STAFF AND SUPPORT SERVICES. tennial Foundation of North Carolina, or his memorative significance regarding aviation designee. history in general and the centennial of pow- (a) EXECUTIVE DIRECTOR.—There shall be (4) The chairman of the 2003 Committee of ered flight in particular; an Executive Director appointed by the Com- Ohio, or his designee. (5) provide national coordination for cele- mission and chosen from among detailees (5) As chosen by the Commission, the presi- bration dates to take place throughout the from the agencies and organizations rep- dent or head of a United States aeronautical United States during the centennial year; resented on the Commission. The Executive society, foundation, or organization of na- (6) assist in conducting educational, civic, Director may be paid at a rate not to exceed tional stature or prominence who will be a and commemorative activities relating to the maximum rate of basic pay payable for person from a State other than Ohio or the centennial of powered flight throughout the Senior Executive Service. North Carolina. the United States, especially activities that occur in the States of North Carolina and (b) STAFF.—The Commission may appoint (6) The Administrator of the Federal Avia- and fix the pay of any additional personnel tion Administration, or his designee. Ohio and that highlight the activities of the Wright brothers in such States; and that it considers appropriate, except that an (b) VACANCIES.—Any vacancy in the Com- (7) encourage the publication of popular individual appointed under this subsection mission shall be filled in the same manner in may not receive pay in excess of the maxi- which the original designation was made. and scholarly works related to the history of aviation or the anniversary of the centennial mum rate of basic pay payable for GS–14 of (c) COMPENSATION.— the General Schedule. (1) PROHIBITION OF PAY.—Except as pro- of powered flight. ONDUPLICATION OF CTIVITIES (c) INAPPLICABILITY OF CERTAIN CIVIL SERV- vided in paragraph (2), members of the Com- (b) N A .—The Commission shall attempt to plan and con- ICE LAWS.—The Executive Director and staff mission shall serve without pay or com- duct its activities in such a manner that ac- of the Commission may be appointed without pensation. tivities conducted pursuant to this Act en- regard to the provisions of title 5, United (2) TRAVEL EXPENSES.—The Commission hance, but do not duplicate, traditional and States Code, governing appointments in the may adopt a policy, only by unanimous vote, established activities of Ohio’s 2003 Commit- competitive service, and may be paid with- for members of the Commission and related tee, North Carolina’s First Flight Centennial out regard to the provisions of chapter 51 and advisory panels to receive travel expenses, Commission, the First Flight Centennial subchapter III of chapter 53 of such title, re- including per diem in lieu of subsistence. Foundation, or any other organization of na- lating to classification and General Schedule The policy may not exceed the levels estab- tional stature or prominence. pay rates, except as provided under sub- lished under sections 5702 and 5703 of title 5, SEC. 6. POWERS. sections (a) and (b) of this section. United States Code. Members who are Fed- (a) ADVISORY COMMITTEES AND TASK eral employees shall not receive travel ex- (d) MERIT SYSTEM PRINCIPLES.—The ap- FORCES.— penses if otherwise reimbursed by the Fed- pointment of the Executive Director or any (1) IN GENERAL.—The Commission may ap- personnel of the Commission under sub- eral Government. point any advisory committee or task force section (a) or (b) shall be made consistent (d) QUORUM.—Three members of the Com- from among the membership of the Advisory with the merit system principles under sec- mission shall constitute a quorum. Board in section 12. (e) CHAIRPERSON.—The Commission shall tion 2301 of title 5, United States Code. (2) FEDERAL COOPERATION.—To ensure the select a Chairperson of the Commission from overall success of the Commission’s efforts, (e) STAFF OF FEDERAL AGENCIES.—Upon re- the members designated under subsection (a) the Commission may call upon various Fed- quest by the Chairperson of the Commission, (1), (2), or (5). The Chairperson may not vote eral departments and agencies to assist in the head of any Federal department or agen- on matters before the Commission except in and give support to the programs of the cy may detail, on either a nonreimbursable the case of a tie vote. The Chairperson may Commission. The head of the Federal depart- or reimbursable basis, any of the personnel be removed by a vote of a majority of the ment or agency, where appropriate, shall fur- of the department or agency to the Commis- Commission’s members. nish the information or assistance requested sion to assist the Commission to carry out (f) ORGANIZATION.—No later than 90 days by the Commission, unless prohibited by law. its duties under this Act. after the date of enactment of this Act, the (3) PROHIBITION OF PAY OTHER THAN TRAVEL Commission shall meet and select a Chair- (f) ADMINISTRATIVE SUPPORT SERVICES.— EXPENSES.—Members of an advisory commit- person, Vice Chairperson, and Executive Di- (1) REIMBURSABLE SERVICES.—The Sec- tee or task force authorized under paragraph rector. retary of the Smithsonian Institution may (1) shall not receive pay, but may receive provide to the Commission on a reimburs- SEC. 5. DUTIES. travel expenses pursuant to the policy adopt- able basis any administrative support serv- (a) IN GENERAL.—The Commission shall— ed by the Commission under section 4(c)(2). ices that are necessary to enable the Com- (1) represent the United States and take a (b) POWERS OF MEMBERS AND AGENTS.—Any mission to carry out this Act. leadership role with other nations in rec- member or agent of the Commission may, if (2) NONREIMBURSABLE SERVICES.—The Sec- ognizing the importance of aviation history authorized by the Commission, take any ac- retary may provide administrative support in general and the centennial of powered tion that the Commission is authorized to services to the Commission on a non- flight in particular, and promote participa- take under this Act. reimbursable basis when, in the opinion of tion by the United States in such activities; (c) AUTHORITY TO PROCURE AND TO MAKE the Secretary, the value of such services is (2) encourage and promote national and LEGAL AGREEMENTS.— insignificant or not practical to determine. international participation and sponsorships (1) IN GENERAL.—Notwithstanding any in commemoration of the centennial of pow- other provision in this Act, only the Com- (g) COOPERATIVE AGREEMENTS.—The Com- ered flight by persons and entities such as— mission may procure supplies, services, and mission may enter into cooperative agree- (A) aerospace manufacturing companies; property, and make or enter into leases and ments with other Federal agencies, State (B) aerospace-related military organiza- other legal agreements in order to carry out and local governments, and private interests tions; this Act. and organizations that will contribute to (C) workers employed in aerospace-related (2) RESTRICTION.— public awareness of and interest in the cen- industries; (A) IN GENERAL.—A contract, lease, or tennial of powered flight and toward further- (D) commercial aviation companies; other legal agreement made or entered into ing the goals and purposes of this Act. (E) general aviation owners and pilots; by the Commission may not extend beyond (h) PROGRAM SUPPORT.—The Commission (F) aerospace researchers, instructors, and the date of the termination of the Commis- may receive program support from the non- enthusiasts; sion. profit sector. October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10859 SEC. 8. CONTRIBUTIONS. and stamps by the United States relating to in consultation with the minority leader of (a) DONATIONS.—The Commission may ac- aviation or the centennial of powered flight; the Senate. cept donations of personal services and his- (3) recommendations for any legislation or (H) Four citizens of the United States, ap- toric materials relating to the implementa- administrative action that the Commission pointed by the Speaker of the House of Rep- tion of its responsibilities under the provi- determines to be appropriate regarding the resentatives in consultation with the minor- sions of this Act. commemoration of the centennial of powered ity leader of the House of Representatives. (b) VOLUNTEER SERVICES.—Notwithstand- flight; Of the individuals appointed under this sub- ing section 1342 of title 31, United States (4) an accounting of funds received and ex- paragraph— Code, the Commission may accept and use pended by the Commission in the fiscal year (i) one shall be selected from among indi- voluntary and uncompensated services as the that the report concerns, including a de- viduals recommended by the representative Commission determines necessary. tailed description of the source and amount whose district encompasses the Wright (c) REMAINING FUNDS.—Any funds (includ- of any funds donated to the Commission in Brothers National Memorial; and ing funds received from licensing royalties) the fiscal year; and (ii) one shall be selected from among indi- remaining with the Commission on the date (5) an accounting of any cooperative agree- viduals recommended by the representatives of the termination of the Commission may ments and contract agreements entered into whose districts encompass any part of the be used to ensure proper disposition, as spec- by the Commission. Dayton Aviation Heritage National Histori- ified in the final report required under sec- (b) FINAL REPORT.—Not later than June 30, cal Park. tion 10(b), of historically significant prop- 2004, the Commission shall submit to the (c) VACANCIES.—Any vacancy in the Advi- erty which was donated to or acquired by the President and Congress a final report. The sory Board shall be filled in the same man- Commission. Any funds remaining after such final report shall contain— ner in which the original designation was disposition shall be transferred to the Sec- (1) a summary of the activities of the Com- made. retary of the Treasury for deposit into the mission; (d) MEETINGS.—Seven members of the Ad- general fund of the Treasury of the United (2) a final accounting of funds received and visory Board shall constitute a quorum for a States. expended by the Commission; meeting. All meetings shall be open to the (3) any findings and conclusions of the public. SEC. 9. EXCLUSIVE RIGHT TO NAME, LOGOS, EM- Commission; and BLEMS, SEALS, AND MARKS. (e) CHAIRPERSON.—The President shall des- (4) specific recommendations concerning (a) IN GENERAL.—The Commission may de- ignate 1 member appointed under subsection the final disposition of any historically sig- vise any logo, emblem, seal, or descriptive or (b)(1)(F) as chairperson of the Advisory nificant items acquired by the Commission, designating mark that is required to carry Board. including items donated to the Commission out its duties or that it determines is appro- (f) MAILS.—The Advisory Board may use under section 8(a)(1). priate for use in connection with the com- the United States mails in the same manner memoration of the centennial of powered SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS. and under the same conditions as a Federal (a) IN GENERAL.— flight. agency. (1) AUDIT.—The Comptroller General of the (g) DUTIES.—The Advisory Board shall ad- (b) LICENSING.—The Commission shall have United States shall audit on an annual basis the sole and exclusive right to use, or to vise the Commission on matters related to the financial transactions of the Commis- allow or refuse the use of, the name ‘‘Centen- this Act. sion, including financial transactions involv- (h) PROHIBITION OF COMPENSATION OTHER nial of Flight Commission’’ on any logo, em- ing donated funds, in accordance with gen- THAN TRAVEL EXPENSES.—Members of the blem, seal, or descriptive or designating erally accepted auditing standards. Advisory Board shall not receive pay, but mark that the Commission lawfully adopts. (2) ACCESS.—In conducting an audit under may receive travel expenses pursuant to the (c) EFFECT ON OTHER RIGHTS.—No provision this section, the Comptroller General— policy adopted by the Commission under sec- of this section may be construed to conflict (A) shall have access to all books, ac- tion 4(e). or interfere with established or vested counts, financial records, reports, files, and (i) TERMINATION.—The Advisory Board rights. other papers, items, or property in use by the shall terminate upon the termination of the (d) USE OF FUNDS.—Funds from licensing Commission. royalties received pursuant to this section Commission, as necessary to facilitate the shall be used by the Commission to carry out audit; and SEC. 13. DEFINITIONS. For purposes of this Act: the duties of the Commission specified by (B) shall be afforded full facilities for veri- (1) The term ‘‘Advisory Board’’ means the this Act. fying the financial transactions of the Com- mission, including access to any financial Centennial of Flight Federal Advisory Board. (e) LICENSING RIGHTS.—All exclusive licens- ing rights, unless otherwise specified, shall records or securities held for the Commission (2) The term ‘‘centennial of powered revert to the Air and Space Museum of the by depositories, fiscal agents, or custodians. flight’’ means the anniversary year, from De- (b) FINAL REPORT.—Not later than Septem- Smithsonian Institution upon termination of cember 2002 to December 2003, commemorat- ber 30, 2004, the Comptroller General of the the Commission. ing the 100-year history of aviation begin- United States shall submit to the President ning with the First Flight and highlighting SEC. 10. REPORTS. and to Congress a report detailing the re- the achievements of the Wright brothers in (a) ANNUAL REPORT.—In each fiscal year in sults of any audit of the financial trans- developing the technologies which have led which the Commission is in existence, the actions of the Commission conducted by the to the development of aviation as it is Commission shall prepare and submit to Comptroller General. known today. Congress a report describing the activities of SEC. 12. ADVISORY BOARD. (3) The term ‘‘Commission’’ means the the Commission during the fiscal year. Each (a) ESTABLISHMENT.—There is established a Centennial of Flight Commission. annual report shall also include— First Flight Centennial Federal Advisory (4) The term ‘‘designee’’ means a person (1) recommendations regarding appropriate Board. from the respective entity of each entity rep- activities to commemorate the centennial of (b) NUMBER AND APPOINTMENT.— resented on the Commission or Advisory powered flight, including— (1) IN GENERAL.—The Board shall be com- Board. (A) the production, publication, and dis- posed of 19 members as follows: (5) The term ‘‘First Flight’’ means the first tribution of books, pamphlets, films, and (A) The Secretary of the Interior, or the four successful manned, free, controlled, and other educational materials; designee of the Secretary. sustained flights by a power-driven, heavier- (B) bibliographical and documentary (B) The Librarian of Congress, or the des- than-air machine, which were accomplished projects and publications; ignee of the Librarian. by Orville and Wilbur Wright of Dayton, (C) conferences, convocations, lectures, (C) The Secretary of the Air Force, or the Ohio on December 17, 1903 at Kitty Hawk, seminars, and other similar programs; designee of the Secretary. North Carolina. (D) the development of exhibits for librar- (D) The Secretary of the Navy, or the des- SEC. 14. TERMINATION. ies, museums, and other appropriate institu- ignee of the Secretary. The Commission shall terminate not later tions; (E) The Secretary of Transportation, or than 60 days after the submission of the final (E) ceremonies and celebrations commemo- the designee of the Secretary. report required by section 10(b) and shall rating specific events that relate to the his- (F) Six citizens of the United States, ap- transfer all documents and material to the tory of aviation; pointed by the President, who— National Archives or other appropriate Fed- (F) programs focusing on the history of (i) are not officers or employees of any eral entity. aviation and its benefits to the United government (except membership on the States and humankind; and Board shall not be construed to apply to the SEC. 15. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to (G) competitions, commissions, and awards limitation under this clause); and carry out this Act $250,000 for fiscal year regarding historical, scholarly, artistic, lit- (ii) shall be selected based on their experi- 1999, $600,000 for fiscal year 2000, $750,000 for erary, musical, and other works, programs, ence in the fields of aerospace history, fiscal year 2001, $900,000 for fiscal year 2002, and projects related to the centennial of science, or education, or their ability to rep- $900,000 for fiscal year 2003, and $600,000 for powered flight; resent the entities enumerated under section fiscal year 2004. (2) recommendations to appropriate agen- 5(a)(2). cies or advisory bodies regarding the (G) Four citizens of the United States, ap- The SPEAKER pro tempore. Pursu- issuance of commemorative coins, medals, pointed by the majority leader of the Senate ant to the rule, the gentleman from H10860 CONGRESSIONAL RECORD — HOUSE October 14, 1998

New Jersey (Mr. PAPPAS) and the gen- first successful controlled and sus- Additional participation in national tleman from Maryland (Mr. CUMMINGS) tained powered flight. The Wright and international commemorative ac- each will control 20 minutes. Brothers, originally bicycle store own- tivities by aviation-related organiza- The Chair recognizes the gentleman ers from Dayton, Ohio, moved to Kitty tions, industries, and educational insti- from New Jersey (Mr. PAPPAS). Hawk, North Carolina for the hills, the tutions is expected. GENERAL LEAVE strong and steady winds, and soft I believe passage of this bill to be a Mr. PAPPAS. Madam Speaker, I ask sandy ground, essential ingredients for fitting tribute to Senator JOHN GLENN unanimous consent that all Members successful flight. as he prepares to make history in the may have 5 legislative days within They went back to Dayton and built next few weeks. I hope my colleagues which to revise and extend their re- a 6-foot wind tunnel to conduct experi- will join the gentleman from Ohio (Mr. marks and include extraneous material ments with over 200 different wing HALL) and myself in supporting this on S. 1397. models. They developed the first reli- legislation. The SPEAKER pro tempore. Is there able tables on the effects of air pres- Mr. CUMMINGS. Madam Speaker, I objection to the request of the gen- sure on curved surfaces, the principles yield myself such time as I may con- tleman from New Jersey? that we use today and that we see on sume. There was no objection. every airplane. Madam Speaker, I congratulate the Mr. PAPPAS. Madam Speaker, I In 1903 the Wright Brothers com- gentleman from North Carolina (Mr. yield myself such time as I may con- pleted the construction of a larger JONES) and the gentleman from Ohio sume. plane powered by their own lightweight (Mr. HALL) for this bipartisan piece of Madam Speaker, this bill creates a gas-powered engine, and returned to legislation. They were the sponsors of commission to recognize the centen- Kitty Hawk. On December 17th, 1903, the House version, and we just heard nial of the first flight. The achieve- four men and a boy witnessed the first the gentleman from North Carolina ment of the Wright Brothers, Wilbur flight, a flight which dramatically (Mr. JONES) eloquently talk about the and Orville, began an era of unprece- changed the course of transportation, significance of this legislation and the dented change. Since those few historic commerce, communication, and war- significance of the Wright Brothers, seconds on the dunes at Kitty Hawk, fare throughout the world. and what part they played in our Na- North Carolina, American industry has Madam Speaker, I wholeheartedly tion’s history. developed the powered aircraft into a support this legislation. We now would like to hear from the major commercial industry, a vital in- Madam Speaker, I reserve the bal- distinguished gentleman from Ohio strument of our national defense, and a ance of my time. (Mr. HALL) and the gentleman from precursor to our efforts to ascend to Mr. PAPPAS. Madam Speaker, I North Carolina (Mr. JONES). The Ohio the outer reaches of space. yield such time as he may consume to link, of course, is the fact that the the gentleman from North Carolina Wright Brothers are from Ohio. b 1215 (Mr. JONES). Madam Speaker, I yield 3 minutes to Because these sons of an Ohio preach- Mr. JONES. Madam Speaker, I thank the distinguished gentleman from Ohio er had the initiative and ambition to the gentleman for New Jersey for (Mr. TONY HALL). build beyond the bicycle repair shop yielding me this time. Mr. HALL of Ohio. Madam Speaker, I that they ran in Dayton, Ohio, we ben- Madam Speaker, I rise today in sup- want to thank the gentleman from efit from faster transportation around port of the Centennial of Flight Com- Maryland for yielding me the time, and the world, a more mobile society, and memorative Act, Senate bill 1397, in- for his excellent remarks. I want to an export industry that extends our troduced by Senator JESSE HELMS. This join my colleague, the gentleman from economic leadership around the globe. bipartisan bill calls for the establish- North Carolina (Mr. JONES) certainly The first flight marked the opening ment of a Federal Commission to help in support of Senate bill 1397. of the 20th century, and the Federal coordinate the national celebration of Madam Speaker, this bill will estab- Government has played a major role in the 100th anniversary of the Wright lish a Commission to coordinate and all aviation development during this Brothers historic 1903 flight at Kitty assist the Nation’s celebration in the century. The Wright Brothers devel- Hawk, North Carolina. year 2003 of the 100th anniversary of oped many of their heavier airplanes as The national celebration will focus the Wright Brothers first flight. a result of research contracts from the on Kitty Hawk in Dayton, Ohio, where I am excited, because I represent the Department of the Army. the Wright Brothers did much of their home of the Wright Brothers, Dayton, The Postal Service supported the de- early work in the field of aviation. As Ohio, so this is an especially exciting velopment of commercial aviation by the Member who represents Kitty bill for us to have, and I am so glad to supporting pilots who flew the mail. Hawk, I have been honored to be part join with our colleagues in the Senate. Federal agencies developed within the of this bipartisan group, including Sen- This is similar to other commissions Department of Commerce to provide ator HELMS, Senator JOHN GLENN, and created in honor of the anniversaries of certification for the airworthiness of my friend, the gentleman from Ohio the American Revolution, adoption of airplanes, and to chart the airways and (Mr. TONY HALL), as we proceed with the U.S. Constitution, and other piv- navigational aids that now comprise the national and international celebra- otal events in our history. The con- our national system of airports and tion of flight. quest of flight by Orville and Wilbur airways. As the year 2003 anniversary quickly Wright is one of mankind’s greatest The aviation industry is one of the moves closer, the Centennial of Flight triumphs of invention. To understand finest demonstrations of effective part- Commission will help coordinate the their place in American history, one nership of industry and government, so planning at the national and inter- has only to look up at the frieze in the it is entirely fitting that we end this national level. Operations in North rotunda of this building and see the century and enter the 21st century by Carolina and Ohio have begun planning image of the two brothers in Dayton, recognizing the achievement at its be- this celebration. Ohio, and the plane they flew at Kitty ginnings. I urge all Members to support The Commission will work with local Hawk, North Carolina. The invention this legislation. organizations, such as the First Flight of the airplane has changed our lives Madam Speaker, I reserve the bal- Centennial Commission and the First and captured our imagination. The ance of my time. Flight Centennial Foundation in plan- 100th anniversary of that achievement Mr. CUMMINGS. Madam Speaker, I ning and developing programs and ac- will be a time for a national celebra- yield myself such time as I may con- tivities to commemorate the 100th an- tion, not only in Ohio and North Caro- sume. niversary of flight. Even the National lina, but all across America. Madam Speaker, this bill will estab- Air and Space Museum, the Library of The Commission created by this leg- lish a commission to commemorate the Congress, and NASA have joined in the islation will assist that celebration by centennial of powered flight, and the planning to help celebrate one of the serving as a national clearinghouse of achievements of the Wright Brothers. greatest innovations the world has ever information about events. This legisla- Wilbur and Orville Wright manned the witnessed. tion will coordinate private groups, the October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10861 National Air and Space Museum, Fed- fly around in a piece of metal, folk the gentleman from Louisiana (Mr. eral agencies, which could have a role looked at them as if they were crazy. LIVINGSTON) and the gentleman from in the celebration, including the Na- But the fact is that they were misfits. Wisconsin (Mr. OBEY) each will control tional Park Service, the Library of They believed in what could be done. 30 minutes. Congress, the Federal Aviation Admin- They could not see it, but they knew it. The Chair recognizes the gentleman istration, NASA, the Air Force, and the So today this legislation is very sig- from Louisiana (Mr. LIVINGSTON). Navy. nificant to commemorate two great GENERAL LEAVE Madam Speaker, the Commission misfits, folks who believed what others Mr. LIVINGSTON. Madam Speaker, I will work with international organiza- could not see. ask unanimous consent that all Mem- tions and foreign governments cele- Madam Speaker, I would urge all of bers may have 5 legislative days within brating the centennial of flight. Fi- my colleagues to vote in favor of this which to revise and extend their re- nally, the legislation will provide the very important legislation, and I yield marks on House Joint Resolution 135, highest stature possible for the cele- back the balance of my time. and that I may include tabular and ex- bration through the symbolic backing Mr. PAPPAS. Madam Speaker, I urge traneous material. of the President, the Congress, and the all Members to support this bill, and I The SPEAKER pro tempore. Is there Federal Government. yield back the balance of my time. objection to the request of the gen- Senate bill 1397 is the Senate version The SPEAKER pro tempore (Mrs. tleman from Louisiana? of H.R. 2305, a bill that I introduced EMERSON). The question is on the mo- There was no objection. with my colleague, the gentleman from tion offered by the gentleman from Mr. LIVINGSTON. Madam Speaker, I North Carolina (Mr. JONES) and the New Jersey (Mr. PAPPAS) that the yield myself such time as I may con- gentleman from Ohio (Mr. HOBSON). It House suspend the rules and pass the sume. is sponsored or cosponsored by 33 Mem- Senate bill, S. 1397. (Mr. LIVINGSTON asked and was bers, including most of the Ohio and The question was taken; and (two- given permission to revise and extend North Carolina delegations. thirds having voted in favor thereof), his remarks.) Earlier this year, the House passed the rules were suspended and the Sen- Mr. LIVINGSTON. Madam Speaker, the Centennial of Flight Act as part of ate bill was passed. the current continuing resolution for A motion to reconsider was laid on H.R. 4057. However, because final pas- fiscal year 1999 expires tonight. We the table. sage of that bill is uncertain, I ask my have been here before saying this same colleagues again to approve this meas- f thing, but the White House negotiators ure. MAKING FURTHER CONTINUING and congressional negotiators have Madam Speaker, I certainly want to APPROPRIATIONS FOR FISCAL been working day and night on some thank my principal cosponsor, the YEAR 1999 very important decisions. We are doing chief sponsor of the bill, the gentleman Mr. LIVINGSTON. Madam Speaker, I the people’s work. from North Carolina (Mr. JONES), and ask unanimous consent that the Com- Not only are these issues important, certainly my other Ohio colleague, the mittee on Appropriations be discharged but they are very complicated. We are gentleman from Ohio (Mr. DAVE HOB- from further consideration of the joint dealing with wrapping up the eight reg- SON), for their great support and push- resolution (H.J. Res. 135) making fur- ular bills plus emergency supplemental ing and great work behind the scenes ther continuing appropriations for the appropriations, and various authoriz- in making this happen. fiscal year 1999, and for other purposes; ing pieces of legislation which we be- The measure, which was cosponsored and that it be in order at any time to lieve must pass before we adjourn Con- by Senator JOHN GLENN, will probably consider the joint resolution in the gress for the 105th Congress. be his last bill enacted into law. JOHN House; and that the joint resolution be b 1230 GLENN could have retired into history considered as having been read for after becoming the first American to All parties are working in good faith, amendment; that the joint resolution orbit the Earth in 1962. However, he but we have just not yet completed our be debatable for not to exceed 1 hour, chose to continue to serve his country negotiations. We will need another day to be equally divided and controlled be- as a United States Senator for 24 years. or two to complete our work and get it tween myself and the gentleman from Now he has chosen to make one last to the floor. An extension of a further Wisconsin (Mr. OBEY); that all points of flight as the oldest man in space. continuing resolution is, therefore, Passage of this bill to celebrate the order against the joint resolution and needed. Adoption of H.J. Res. 135, first 100 years of aviation is a fitting against its consideration be waived; which runs through Friday, October 16, tribute to a man who has been so much and that the previous question be con- will give us time to complete our re- sidered as ordered on the joint resolu- a part of that history. JOHN GLENN con- maining work, I hope. tinues in the tradition of the Wright tion to final passage without interven- Again, I wish I did not have to bring Brothers as one of the great pioneers of ing motion, except one motion to re- this joint resolution to the floor, but commit, with or without instructions. air and space. God speed, JOHN GLENN. more time is needed. Unfortunately, we The SPEAKER pro tempore. Is there Mr. CUMMINGS. Madam Speaker, I have not completed our work, and we objection to the request of the gen- yield myself such time as I may con- need that time to do it. I do not think tleman from Louisiana? sume. we need to debate this issue exten- There was no objection. Madam Speaker, it is interesting Mr. LIVINGSTON. Madam Speaker, sively or take a lot of time today. We that the Wright Brothers are two pursuant to the previous order of the all know that we need to take this ac- brothers that I talk about often in House, I call up the joint resolution tion to keep the government open. It is speeches to young people when I talk (H.J. Res. 135) making further contin- our intention to keep the government about the misfits of life. Misfits. I tell ued appropriations for the fiscal year open, and it is our intention to stay as a little story that there was once a 1999, and for other purposes, and ask long as it takes to get our business gentleman who had come home from for its immediate consideration in the done so that the government remains war, and he was marching down Penn- House. open and that the final bill be passed. sylvania Avenue with the troops, and The Clerk read the joint resolution, Adoption of this continuing resolu- his mother came out with a friend. The as follows: tion will give us the time needed to mother said, look at my son. Look how H.J. RES. 135 complete our work and keep the gov- great he is. And so the friend says, he Resolved by the Senate and House of Rep- ernment running, and so I urge its does not look too great to me. He is resentatives of the United States of America in adoption. out of step. And the mother said, that Congress assembled, That section 106(c) of Madam Speaker, I reserve the bal- is why he is so great. Public Law 105–240 is further amended by ance of my time. The Wright Brothers are misfits. striking ‘‘October 14, 1998’’ and inserting in Mr. OBEY. Madam Speaker, I yield They are wonderful misfits. I can imag- lieu thereof ‘‘October 16, 1998’’. myself 12 minutes. ine that when they went around and The SPEAKER pro tempore. Pursu- Madam Speaker, well, I guess I would said one day that man would be able to ant to the order of the House of today, say that this debate, as did the debate H10862 CONGRESSIONAL RECORD — HOUSE October 14, 1998 2 days ago, also reminds me of Yogi ernment are being told that their in- this House, this Congress was in recess. Berra’s statement, ‘‘This is deja vu all surance policies may not be required to Then in May, this Congress was in ses- over again,’’ and again and again and cover basic contraceptive services for sion a total of 13 days, and then we re- again. women. To me, that is a ludicrous posi- cessed. We recessed for an 11-day Me- We are in a situation in which we are tion. And the President and those of us morial Day district work period. now 14 days past the beginning of the on this side of the aisle are working In June, Congress was in session 15 fiscal year. This is certainly not the very hard to see to it that that changes days. We did, on June 16 pass the com- first time this has ever happened in the before we go home. mittee allocation to each of the sub- Congress. We have often seen the Con- Next, we have a huge problem on the committees so the committee could gress not complete its budget work on census where we have really a three- begin its work. But that was 2 months time. But I think we are in a unique cornered debate going on about how late, because of the delay on the part of position in terms of why and a unique that issue is going to be resolved. And the Committee on the Budget and the position in terms of what it is that still I respect the views of people of both House leadership in not bringing that divides us. sides. On this one I am in a peculiar po- budget debate to a full completion. And Madam Speaker, in my discussions sition. I do not happen to agree fully when the committee did make its allo- this morning with the White House and with the position of my party or the cation, it did so at the direction of the with leadership, as I understand the Republican party. But this institution leadership, absent a budget for the gov- situation, we are essentially down to a must find a way to deal with that prob- ernment. number of issues. The gentleman from lem. We then went on recess for 18 days Louisiana (Mr. LIVINGSTON) and I have Then we have the problem of the over the July 4th district work period. been able, along with our Senate coun- United Nations. We owe the United Na- That was one of the longest July 4th terparts, to wade through many, many tions some $900 million or so in back recesses in history. Congress was in dollar issues. But at this point, we are funding. If we are going to entertain session a total of 14 days in July and 5 still divided because the President and going to war in places like Kosovo and days in August. We had a 31-day Au- the Democratic membership of this other places, we need to arm ourselves gust district work period. In Septem- House still wants to see movement on so that we have all of the possible tools ber, Congress was in session 15 days. the President’s proposal for school con- available in order to shape the United So the timetable created by the lead- struction so that we can help some of Nations response to that and other ership’s schedule made it impossible the poorest districts in the country problems, and we do not have those for the Committee on Appropriations who simply do not have the bonding re- tools so long as that money is being to get its work done on time. And that sources to modernize their school withheld because of the Mexico City is why, as of this date, the Congress buildings with Federal help. There are impasse. The Mexico City impasse, in has still not completed action on 9 of literally some schools, as the President plain language, involves questions of the 13 appropriation bills which we are said the other day, that are in such policy with respect to family planning supposed to finish. falling-down shape that if they were a issues abroad. That has been complicated by the Then lastly, we have the very legiti- prison, they would be condemned by a fact that the majority party leadership mate issue of what we are going to do Federal judge. We cannot allow that has apparently come to the conclusion to respond to the fact that the market disgrace to continue in our view. that not only do we have to reach We also have the division between us has collapsed for many farmers in this agreements which can get majority on the issue whether or not we are country, and also with respect to the support in the House, but that in many kind of farmers that I represent, the going to provide Federal assistance to cases those agreements also have to fact that dairy farmers have an income lower class size in the first three satisfy the most conservative and the which in real terms is about 50 percent grades, when early intervention is cru- most confrontational elements in their of what it was in 1980, over a year’s cial in getting kids off to the right own caucus. time. The example of that that I would use start in life. And we are at this point So those are the real issues that still is the issue of contraception, where still divided on that issue and whether divide us and we are going to have to this House on a bipartisan basis passed or not funding that would be provided come to a resolution on them, but we the Lowey amendment. I think we had would, indeed, be targeted to reducing are not there yet and that is why we some 50 Republican votes for that, class size or would, in fact, be dis- need this additional time. sipated on other items. Now, I would like to also explain why along with most Democrats. We then In addition to that, we still have it is that I believe why we are here. had an even larger margin in favor of some environmental issues which di- And as I said 2 days ago, this is not the that in the Senate, so that women vide us. In my view, especially impor- responsibility of the gentleman from would have the full availability of con- tant are the administration’s efforts to Louisiana (Mr. LIVINGSTON). He is a traceptive services. begin to deal with the problem of glob- first-rate chairman of the Committee But because a good many Members in al warming, which could be the most on Appropriations, and the committee the caucus of the Republican Majority catastrophic problem that any of us itself has not created this problem. But have very strong feelings against the have faced in our lifetimes. It could be the committee has not been allowed to pill and the IUD, we are now told that as catastrophic as war itself if the nat- do its work because of external reali- we have to overturn the judgment of ural environment which protects us all ties. Let me cite the main reality. both houses in order to reach a com- begins to change significantly. And the There are two, as far as I see. promise on this budget. scientific evidence certainly seems to First of all, if we take a look at the Madam Speaker, I think that the suggest that it is. schedule which the leadership of this way that contraceptive issue has blown We need more resources in that area. House put together, in January, we up the budget is an example of what Not to enforce the Kyoto Treaty, about were in session 2 days. In February, the has happened across the budget on which I have strong objections, but month that we got the budget from the many of these other items. And then simply to support research and edu- President, Congress was in session 8 we also have the problem compounded cation efforts which are going to be days. In March, when we normally have by the fact that on the Labor-HHS bill, necessary in order for us to deal with a very heavy hearing schedule, Con- the majority party brought a bill to that problem of global warming. We gress was in session 15 days and there the floor which was so extreme, it cut also have some other environment was very little floor action at the same $2 billion out of the President’s edu- issues there. time. cation budget. It was so extreme that Then we have the issue of what I call In April, Congress was in session for the Senate Republicans would not even Viagra versus the pill. The budget so 8 days. And then in April, we had a 19- accept it. And our friends, our Repub- far has provided millions and millions day Easter district work period, one of lican friends in the House could not of dollars to provide for coverage of the longest in history. even pass it on this floor because of op- Viagra at the Pentagon, and yet On the day that the budget resolu- position in their own caucus by mod- women who work for the Federal Gov- tion was due, supposed to be finished in erate Members. October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10863 So, if my colleagues want to know ours so that we do not mortgage the fu- the last 30 to 35 years that the Federal why we are here, I do not want to hear ture of our children and our grand- Government has been involved in edu- any more of this baloney about the fact children. cation at all. that the President has been out of In the process, we have passed a The gentleman says that we have dif- town, because as I pointed out the last Higher Education Act, a Reading Ex- ferences on global warming. The fact is time, the last time I looked, William cellence Act, a Dollars to the Class- that there is some very real credible Clinton is not a Member of the House. room Block Grant Act. We passed science to say that actually the cli- He is not a Member of the Senate. He scholarships for youngsters so that mate in the last 40 years has cooled does not get to vote, and he only gets they are not forced and compelled to go rather than warmed. Did we have a hot to sign or veto bills after we send them to drug-ridden schools or crime-ridden summer this last summer? Yes. We had to him, and so far we have not sent him schools or inferior schools for the Dis- some severely cold winters a couple 9 out of 13 bills. trict of Columbia, but unfortunately years ago though. The idea advanced So, if the Congress wants to know that was vetoed by the President. primarily by the Vice President and a why we are at this impasse, all we have We did pass prepaid college tuition lot of people who believe as he does to do as an institution is look in the plans and job training reform and that we should run out and spend bil- mirror. So that is why we are here. I emergency student loans and quality lions upon billions upon billions of tax- did not want to take that much time, Head Start funding. We provided bills payers’ dollars crying that the sky is but I think it is important for us to un- to provide for school nutrition and falling and call Chicken Little just in derstand why we are at this impasse as charter schools and drug education ini- anticipation of the possibility that the we try to get out of it. tiatives. We also passed an opportunity world is warming up by an iota of a de- Madam Speaker, I reserve the bal- for people to save for their children’s gree is insanity. Let us get the facts. ance of my time. education called the A-plus savings ac- Let us find out what the facts are. Sci- counts, but again President Clinton did b 1245 entific information says that probably not think that was worth allowing peo- in the last 2- or 300 years maybe the Mr. LIVINGSTON. Madam Speaker, I ple to save for the future of their chil- world has warmed a little bit in some yield myself 12 minutes. dren and save for their children’s edu- stages, but that it has cooled in others. I had not really intended to get into cation so he vetoed that one. In the last 40 years it may actually a prolonged debate, but I see the cast But we also passed and enacted into have cooled. of thousands over there on the other law $500 million more for special edu- Why should we spend billions upon side ready to pounce on me so I cation, loan forgiveness for new teach- thought I might make some preemp- billions of dollars from the taxpayers’ ers, teachers testing provisions, Indi- pockets in anticipation of a theory tive remarks and responsive remarks viduals with Disabilities Education to the gentleman that just preceded that may be totally flawed and totally Act, the high tech job skills vocational inaccurate? Why should we tell our me. education. We have implemented bilin- My friend from Wisconsin has criti- American citizens who are working so gual education reform. Prohibition on hard for their children to keep their cized the schedule. Let me take a sec- new Federal school tests, equitable ond to note that in all but 5 of the last families and their communities to- child care resolution and juvenile jus- gether that we should take their 15 years, we are actually ahead of tice programs all have been done this schedule. We actually have done better money and at the same time promote year just in the field of education. programs which put them out of work in some 10 years out of the last 15 years You hear the President standing up to the advantage of the emerging coun- in terms of getting our work done and for education these last few days. I am tries, which is exactly what the Kyoto closing out the legislative year. glad to see that he has awaken to a Treaty is all about? It says to America, Just taking, for example, the year critical need for this country. But one you have consumed too much energy so 1990 and comparing it with this year on thing we should note when we start close your businesses down, send all the matter on which the gentleman talking about the application of Fed- the jobs overseas. I do not think that criticized the number of working days. eral dollars, remember, Federal dollars that is what we should be doing, The fact is in 1990, there were only 134 are nothing more than taxpayers’ dol- Madam Speaker. So we have some le- legislative days for the entire legisla- lars. tive session which is actually less than We should understand that we are gitimate debate on issues of that sort. what we have done this year. And in spending taxpayers’ dollars every time The gentleman also raises funding for that same year, I am counting, one, we talk about creating a new program, the census. My goodness, the Constitu- two, three, four, five, six, seven, eight, with Federal strings attached. In ef- tion of the United States says that nine, ten, eleven, twelve appropriations fect, we are employing Federal bureau- every citizen should be counted. That bills, all passed on November 5 of 1990. crats to tell people back home how means counted. But, no, they want to That is three or four weeks after we they should better their lives. use their thumb and estimate whole will be through here in this session of The President says he wants more communities. They want to sample. the 105th Congress. money for school construction, but he They want to sample how many people The point is, one can criticize the wants Federal bureaucrats to dictate are out there in this neighborhood and number of days we have been in session how that money should be spent. The that neighborhood and develop the rep- or not. The fact is, we are doing much President says he wants more money resentation of the United States Con- better than we have done in other for teachers, but he wants Federal bu- gress on these estimates. years, doing better than we have done reaucrats to dictate which teachers get My goodness, there must be some in all but 5 of the last 15 years. funded. That is not our approach. It is sort of hidden social agenda, Madam What about the record of achieve- a source of controversy. It is not a Speaker. What are they trying to do ment for this legislative term? I think matter of money. We have provided, when they do not want to count every- that a balanced budget, the first bal- throughout the discussions that are body? When we say that we will spend anced budget in 30 years is worth crow- going on between our leadership and every dollar that is necessary to count ing about. I think the first tax cut in 16 the representatives of the White House. everybody, they say, no, we want to be years is worth crowing about. We have We have fundamentally agreed on the scientific in this age of science. We gotten both of those. My friends in the amount of money. We are just trying want to estimate how many people are minority, when they were in the major- to get the money back to the localities in America rather than count them. ity, projected that we would have $200 without interference from the Federal Madam Speaker, we have heard to $300 billion in deficits every year as bureaucracies. them. They estimated the number of far as the eye could see. Under our Remember, States and localities al- immigrants into the United States just leadership, that has ceased to become ready pay for 95 percent of all dollars before the last election and let about the case. In fact we have reversed it. on education. The other 5 percent is 100,000 illegal aliens in, and a bunch of We have restored some fiscal integrity spent by the Federal Government with them were criminals and murderers. So to this massive Federal Government of taxpayers’ dollars. It has only been in they want us to take them at their H10864 CONGRESSIONAL RECORD — HOUSE October 14, 1998 word that they are going to estimate with which bureaucracy it runs To put it simply, last spring, the them correctly. through. President requested that this Congress I am concerned about this esti- We do not want that money to be give him $13.5 billion, plus $18 billion mation. The Constitution calls for no used for noninstructional purposes. If for the International Monetary Fund. sampling, for counting every individ- you run that money through title VI, As responsible appropriators, we did ual. I think that we ought to take the as the Republicans want, that means exactly what we were supposed to do. Constitution at face value. We ought to there will be at least 1 percent avail- We passed a bill, but we did not give enumerate. But they disagree with us. able for Federal administration. It the President everything he wanted. Two courts of appeal have ruled with means there will be up to 15 percent We cut his request by $1 billion, be- us in our favor saying that you have to available for State administration. And cause we thought we ought to use the count every citizen and still they want there is no limit whatsoever on admin- money in other areas of government. to ignore the wishes of the courts that istrative cost at the local level. That is Even back in the spring, Mrs. have ruled in our favor and still esti- why we are insisting on this principle. Albright told me that if I did not give mate the number of people in America. It is not a question of which bureauc- her the entire $13.5 billion, she was Well, the gentleman from Wisconsin racy it goes through. It is a question of going to recommend a veto. has indicated that there are other whether this is going to be used for a It was not left to SONNY CALLAHAN to issues about how much to bail out the national priority to reduce class size or make that determination, but, rather, farmer because of the recent disasters. whether it is going to be frittered away it was left to this body. We brought a If the money is well spent, if it is going on a dozen other things. We want to bill through subcommittee. We brought to people that truly need it because of follow the same process that we fol- a bill through full committee. We real disasters, we agree, the money lowed on Cops on the Beat, where the brought a bill to the floor of the House, should be spent. But let us just not Republicans also opposed having 100,000 and the House rejected the President’s throw money at a problem simply be- cops on the beat. request. cause it is the right political season. I Now in the waning moments of this b 1300 am afraid that issue is becoming very session, the President is coming back much involved in whether or not we The fact is that, today, that is one of and saying, ‘‘Look, I have you now in a properly spend taxpayers funds, and we the most popular programs at the local position that I want you in, and I am are the stewards of the taxpayer. We level; and certainly in my hometown it going to insist that, regardless of what should understand that the money has been a very effective program. a majority of the Members of the House, Republicans and Democrats should be well spent. We do not want to do in education The gentleman has questioned why what was done in the 1970s when money alike, regardless of what you think, we are here at this late date. I would was simply thrown out in a block you are going to give me my extra bil- simply agree with him when he says grant, and it was used to make Motor- lion dollars.’’ So that is where we are. It is not a that we should have gotten our busi- ola rich and used to make a lot of other question, as the gentleman from Wis- ness done earlier. We should have. But contractors rich in selling a lot of consin fully understands, of whether we are not inconsistent with the vast equipment to local communities with- we acted responsibly, because we did. majority of Congress in the last 15 out having any appreciable improve- ment on law enforcement, under the We passed the bill through the House. years when they were mostly in con- We passed the bill through the Senate. trol, and we were in the minority. This Law Enforcement Assistance Act. What we are trying to do is very sim- It was not what the President wanted. happens. Sometimes we push our busi- Mr. OBEY. Madam Speaker, I yield ness off until we have to handle it in ply to make certain that money appro- 11⁄2 minutes to the gentleman from New priated for reducing class size is used one lump sum at the very end. Jersey (Mr. MENENDEZ). That is not an efficient way to do for that purpose, and that is the issue Mr. MENENDEZ. Madam Speaker, business. We have spent too much time that divides us. today, we are considering our fourth on the budget. We have spent too much Madam Speaker, I reserve the bal- continuing resolution to keep the gov- time on things when we should have ance of my time. ernment open, because the Republican been spending more time on the appro- Mr. LIVINGSTON. Madam Speaker, majority failed to get a budget done in priations bills. But we are where we how much time do both sides have re- time, as is exhibited by this chart, are. We are not going to close the gov- maining? failed to give us a strong HMO Patient ernment. We are going to stay here as The SPEAKER pro tempore (Mrs. Protection Act for our families, failed long as we absolutely have to to get EMERSON). The gentleman from Louisi- to ensure that the budget surplus our business done. It is my hope, my ana (Mr. LIVINGSTON) and the gen- would be used to protect Social Secu- genuine and sincere hope that we will tleman from Wisconsin (Mr. OBEY) each rity before all else, and failed to pro- conclude our business in the next few have 16 minutes remaining. tect our kids from tobacco. hours and that we will be able to sub- Mr. LIVINGSTON. Madam Speaker, I We Democrats simply do not want mit a very large bill comprising the am pleased to yield 2 minutes to the my colleagues to go back home and fail untended business to the Members of very distinguished gentleman from our children. That is why we are still Congress, to our colleagues so that Alabama (Mr. CALLAHAN), chairman of here fighting to reduce class size and they can vote finally and completely the Subcommittee on Foreign Oper- modernize our aging schools. and go home to election time. ations, Export Financing and Related With our 100,000 teachers initiatives, Madam Speaker, I reserve the bal- Programs. Democrats are trying to ensure that ance of my time. Mr. CALLAHAN. Madam Speaker, I local taxpayers supporting public Mr. OBEY. Madam Speaker, I yield rise in support of this very responsible school systems across the country get myself 2 minutes. resolution, which is simply a resolu- a break by guaranteeing that the new It is simply false to say that the dif- tion to keep the government moving Federal dollars are used to help local ference between the President and the and not shut down, in order that we school districts reach a specific goal Republican majority on the issue of can resolve the several remaining that everyone supports, reducing class class size is that the administration issues. size in early grades. wants to run this program through But in listening to the gentleman Under the Republican proposal, the Federal bureaucracy and the Repub- from Wisconsin’s explanation of why dollars could be used for all sorts of licans want to make sure that it is run we are where we are, I just thought I other purposes that have nothing to do through State and local bureaucracy. might come and explain to my col- with helping our children. In essence, That is not what is at stake. leagues and to the Speaker what really we Democrats want to accomplish What we want to do is assure that if happened with respect to that area of what we did with 100,000 Cops on the we are going to spend over $1 billion jurisdiction that I have; and that is Beat, local control with Federal sup- that that money is used for the purpose passing a bill that has to do with the port to hire 100,000 new teachers. for which it is appropriated, which is to foreign operations, monies for foreign This is a battle about whether we reduce class size. It has nothing to do countries. want more money for educators or October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10865 more investigators, whether we want judgment, and it is an attempt to in- ing. He said, for 100 years in this coun- to spend more time investigating the timidate the United States Supreme try, we did not treat them as human past or more time investing in our fu- Court on the very makeup of this body. beings and now we do not even want to ture. Our schools, our teachers, and our I say that is outrageous. It is unaccept- recognize that they exist. children, that is what we Democrats able and should be whisked away like That is what is going on here. They are fighting about. the dirt on the floor. do not want to recognize literally mil- Mr. LIVINGSTON. Madam Speaker, I Mr. LIVINGSTON. Madam Speaker, lions of people who are out there and am pleased to yield 4 minutes to my will the gentleman yield? who have a right to be counted so that good friend, the gentleman from Ken- Mr. ROGERS. I yield to the gen- they and their communities can reap tucky (Mr. ROGERS), the distinguished tleman from Louisiana. the benefits therein from the govern- chairman of the Subcommittee on Mr. LIVINGSTON. Madam Speaker, ments that represent them. Commerce, Justice, State and Judici- the gentleman had an alternative to As we approach the end of this ses- ary of the Committee on Appropria- this terrible policy. Would the gen- sion, I think it is important to once tions. tleman please explain that alternative? again review, as my colleague, the gen- Mr. ROGERS. Madam Speaker, I Mr. ROGERS. What we should do is tleman from Wisconsin (Mr. OBEY) just thank the chairman for yielding to me. fund the entire year of this bill for all did, about really what is going on here. Madam Speaker, we passed the Com- of these agencies, keep them going, not The scorecard for the Republican Con- merce, Justice appropriations for the hold them hostage to this fight over gress is pretty meager. Bills to improve State Department, the Commerce De- the census; fund the decennial census public education, zero; managed care partment, the Judiciary, and Related only for the half year, until the courts reform, killed in the Senate, zero; cam- Agencies through this body, through have time to decide the constitutional- paign finance reform, after they tried the Senate, for the full year. ity of sampling, until the test projects to talk it to death week after week, We fenced in the last half of the that are going on around the country month after month in this body, killed year’s funding for the decennial census right now on sampling can take place again, zero; bills to reduce teenage until the Federal courts could decide and we will see the results by March; smoking, zero; bills to protect the envi- whether or not it is legal to do sam- until the advisory committee this Con- ronment, zero; minimum wage increase pling. gress set up to supervise the census has so people can have some sense of dig- I will tell my colleagues what is time to report to us in February. nity, so they can earn a wage that will going on in that room right back there By March, the courts will have de- get them above the poverty level, and where they are negotiating this budget cided, the advisory committee will that is where they are now with the deal. The President is insisting that we have reported and the pilot projects minimum wage, below the poverty not fund all of these agencies in the will be completed and we will know level, zero. On the things that count for people bill for the last half of the year. In whether or not sampling is a good idea, who are talking amongst themselves March, all of these agencies would constitutional and so forth. around the kitchen table, we have not shutdown if the President prevails. Mr. LIVINGSTON. Madam Speaker, done the work of the people in this What does that mean? It means that will the gentleman yield? the Bureau of Prisons will shut down. Mr. ROGERS. I yield to the gen- country. If we look at the budget, I would Do we turn the prisoners loose? It tleman from Louisiana. think we would at least get our budget means the National Weather Service Mr. LIVINGSTON. I take it that that done. For first time in 24 years since will go out of business. Do we want to plan was in the House bill when it left the Budget Act was established in 1974, know what our weather will be tomor- here? we do not have a Federal budget; two row? Do not watch television. National Mr. ROGERS. That was the plan, the bills signed into law, one bill vetoed, a gentleman is correct, that this House Weather Service is shut down. couple of bills on the President’s desk. It means the Justice Department passed, and now we hit this brick wall So we have got 4 out of the 13 essential would be shut down. The FBI would be of the White House saying, no, siree, bills, that are necessary to do the closed. The laboratories that test bul- we are going to shut the government budget, completed; 9 of the 13 are hung lets from all over the country for local down until we get our way on the cen- up and cannot get done. police departments shut down, closed sus. Why is that? The reason is, we spent by the President’s decree. It means the Mr. OBEY. Madam Speaker, I yield the whole 2 years investigating. We in- State Department and all of the embas- myself 30 seconds. vestigated anybody we could find sies worldwide keeping the peace in the Madam Speaker, what I have just around here and we did not do the work world would be shut down by the Presi- heard is absolute total nonsense. The on health and we did not do our edu- dent’s decree on March 15 if he prevails administration does not want to shut cation stuff and we did not do a decent back there in that room. That is what down the government. The administra- minimum wage for people and we did is going on. tion is asking for one thing, full fund- not do campaign finance reform and we Why are they insisting upon this? So ing of the census. You are holding did not do teen smoking but, boy, did they can have their way on the frivo- those programs hostage. They are not. we investigate. lous idea of sampling the census for the Let us keep the facts straight. Now we are at the end of the session decennial census. Secondly, what is outrageous is not and there is nothing to show for it. My Yesterday, I received a letter from the administration conduct but the ex- colleagues are going to go home and the Federal Judicial Conference, over pression of opinion of the Republican they are going to tout their accom- which the Chief Justice presides. In the representative on this issue last night, plishments. That makes about as much letter, it says that this has a dangerous who told Democratic representatives sense as an American league pitcher incursion into perhaps intimidation of that regardless of whether we won or bragging about his batting average. the Judicial Branch of government, of lost the Supreme Court case they did There is nothing there to brag about. the very Court that will eventually de- not have any intention of following the Let us look at education for just a cide sampling and its constitutional- court case if we won. That is what is second. Nearly a year ago, the Presi- ity. outrageous. dent stood right there, during his State The Supreme Court itself would be Madam Speaker, I yield 5 minutes to of the Union address, and he called on shut down in March if the President the distinguished Democratic whip, the us to hire 100,000 new teachers, to re- has his way. All of the Federal courts gentleman from Michigan (Mr. duce class size so we can improve dis- would be shut down. The U.S. Marshals BONIOR). cipline and help our children get the would be shut down. The drug war Mr. BONIOR. Madam Speaker, if I most out of their education. They would be shut down if the President could amplify upon the remarks of the would not do a thing on that until we had his way back there in that room gentleman from Wisconsin (Mr. OBEY) got to the end of the session where we this very minute. on this census issue, I think my col- actually had some leverage with the I say that is outrageous. It is uncon- league, the gentleman from Texas, said President and now we are in this bat- scionable. It is unconstitutional, in my it very well in our caucus this morn- tle. H10866 CONGRESSIONAL RECORD — HOUSE October 14, 1998 What do they want to do with the $1.1 classrooms. It is modeled after the suc- the parents, trust the teachers, trust billion so we can hire the teachers? cessful COPS program. Democrats the students who if you go to your They want to move it under Title VI, passed a bill to add 100,000 new police schools and you talk where this has and as the gentleman from Wisconsin officers to our streets. That program been done, parents are excited about (Mr. OBEY) correctly states, it will go has helped to make our streets safer. the chance that teachers are spending to bureaucracy. One percent of that One hundred thousand new teachers in more time with their students, helping money under Title VI can go to the our classrooms will help to make our them with reading, helping them with Federal bureaucracy; 15 percent can go schools better. The COPS program mathematics. The teachers feel better to the State bureaucracy, and the rest, works. Do not listen to me, it is what that they are able to spend better time if they want, can be spent at the local chiefs of police are saying around this with these students in helping those level. country, because it is about Federal students who may be having a little bit We want to take the money and hire dollars and the local, local control. of extra problem. But we are right back teachers so they get into the school, Just ask your local police. The police to where we were before Cops on the kids get more discipline, kids get more chief of Miami has said that he has Beat. Just before we voted for Cops on attention and we get a better product seen a 30 percent drop in crime since the Beat, the Republicans came up on education. the bill was passed. He said that the with a plan to spread that money all The other issue on education that is drop was made possible because of the over the community, to spread it all out there, of course, is the moderniza- crime bill. Police chiefs all over the over the community. They said they tion effort so that American children country thank us for adding 100,000 new were going to call it Cops on the Beat can go to school in a safe, well- cops to our streets. Our parents and but it could be spent anywhere. But the equipped environment, so they can pre- our youngsters will thank us for 100,000 chiefs of police, the law enforcement pare themselves for the next century. new teachers. agencies came here and said, ‘‘Don’t do We are talking about leveraging rough- Mr. OBEY. Madam Speaker, I yield 3 that. Put it into police officers that ly $3.6 billion for 5,000 school districts minutes to the distinguished gen- can be out in the community.’’ to help them subsidize their bonds so tleman from California (Mr. MILLER). Now the education establishment is that they can raise the money locally (Mr. MILLER of California asked and saying the same thing: ‘‘Don’t spread to get their things done on education. was given permission to revise and ex- this all over. Don’t spread this across In conclusion, I urge my colleagues tend his remarks.) the bureaucratic cost of State Depart- to vote for this resolution because we Mr. MILLER of California. Madam ments of Education. Put it in the class- need it to pass, but to understand that Speaker, it is unfortunate that once room where it can make a difference, we really have not done the work of again we yet have to again extend the where it can make a difference to the the people in this Congress. time for the budget to be completed for ability of our children to read, to com- Mr. LIVINGSTON. Madam Speaker, I this country. It is unfortunate because pute, to critically think. These teach- have but one speaker, and I reserve the we come down to an item that is so ter- ers can make a difference in our chil- right to close. ribly important to America’s families dren’s lives.’’ Mr. OBEY. Madam Speaker, I yield 2 and to America’s children, and, that is, But we are back here. The State De- minutes to the distinguished gentle- the issue of school construction, partment of Education in California woman from Connecticut (Ms. whether or not we are going to try to funds almost 70 percent of its bureauc- DELAURO). end the process by which children are racy off of Federal dollars. Why are being educated in storage rooms, in b 1315 those Federal dollars not going into split-up gymnasiums, on the stage of the classroom? This legislation that Ms. DELAURO. Madam Speaker, I the school auditorium, in the janitor’s the President is proposing for class- thank the gentleman for yielding me change rooms as they try to reduce room reduction, school construction is this time. Here we go again. We are class sizes and as they try to avoid about sending the money to where it here for the fourth time to pass a con- those parts of schools in many cases belongs, not spreading it across the tinuing resolution. Why are we here? that are unsafe for children to go. We community like the Republicans want Because this Republican-controlled think that the Federal Government us to do. House has still not completed the work ought to help these school districts. Mr. OBEY. Madam Speaker, I yield 2 that the American people sent us here They can do it by providing no-interest minutes to the distinguished gentle- to do. The fact of the matter is that loans or low-interest loans to help woman from California (Ms. PELOSI). they are in the majority. They are in those school districts that are strug- Ms. PELOSI. Madam Speaker, I charge. gling to provide for safe and healthy thank the gentleman for yielding me Let us take this opportunity to look schools for our children. The other one this time and for his extraordinary at the many accomplishments Repub- is class size reduction. Here we have an leadership in explaining the differences licans take such pleasure in touting. opportunity to take a program modeled between the Democrats and the Repub- Have we put more teachers in the after Cops on the Beat, a program that licans in the priorities that we set for classroom to make sure children get has been incredibly successful. If you our great country. the attention that they need to learn? go around your congressional district Madam Speaker, this is a Congress of No. Have we modernized schools and and you talk to the police officers, if missed opportunities, missed opportu- hooked classrooms up to the Internet you talk to the chiefs of police, they nities to modernize education for our so that children will have access to the will tell you this has made a remark- children, missed opportunities to re- technology they need for a successful able difference in their police depart- form HMOs for the health care for all future? No. Have we invested in teach- ment’s ability to talk to the business Americans, missed opportunities to er training to make sure that students community, to talk to young kids on save Social Security as a top priority, have talented, enthusiastic and cre- the street, to interact with the schools and a missed opportunity to protect ative teachers to learn from? No. Have and has made the police department the environment after we look at some we reformed the managed care system? much more accessible, much more ef- of the proposals that have been put be- No. Have we reformed the campaign fi- fective on the streets of our commu- fore us. nance system? No. Have we reformed nities, and we have watched as the We send this very mixed message the Social Security system? No. Let us crime rate has continued to come down from this Congress to the children of work together. Let us work together to in most American communities. So America. We tell them that education try to improve our schools. now we want to take and have the Fed- is important, it is for their self-enrich- I am distressed to hear my colleagues eral Government provide help to school ment, for their economic security and on the other side of the aisle raise the districts that want to add additional for the competitiveness of our country. bureaucratic bogeyman. Teachers are teachers to reduce class size, recogniz- Yet we send them to schools that are not bureaucrats. Teachers are our best ing that teachers are far more effective below par, that are leaking, that are hope for the future. The Democratic with 18 students than they are with 30 asbestos-laden, are lead-filled, that are plan would add 100,000 teachers to our students. Again, do not trust us; trust not wired for the future. How can we October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10867 tell children that education is impor- living up to the words of Yogi Berra ment. They say it is never enough. We tant and yet not value it by having when he said he felt like deja vu all say $32 billion; that is what we will small classes, adequate facilities and over again. This is the third or fourth spend on education from the Federal have them be in places where children time that we have had this confronta- Government; we say that is a pretty can learn and teachers can teach and tion involving an extension of funding good number. It is still only 5 percent parents can participate? authorization for another couple of of what America spends on education We tell children that their health is days to complete our business. Unfor- because States and localities spend 95 important, they should not smoke be- tunately the negotiators on all sides, percent of the cost of education. But cause it is harmful to their health. Yet between the House and the Senate, Re- the Federal taxpayer puts in $32 bil- we do not provide them with access to publicans and Democrats, and the Con- lion, and it will never be enough ac- quality education. Children are smart. gress versus the administration have cording to my friends on the other side They get the mixed message. Reform- not put a final ribbon on their package of the aisle. ing HMOs would have been one clear of these eight bills plus a supplemental But, we are not really debating message to the people of America that package, and so as a result we are whether or not what we are spending in health is important to us. Then as far forced to take a little bit more time. this last fiscal year is sufficient. What as work, the work ethic, how impor- But let us be very sure why we are we are really debating is how it should tant that is, we tell that to young peo- here engaged in this debate. This is not be spent. They believe creating new ple and yet we do not value work ade- a momentous, historical debate on narrow programs, narrowly-focused quately. That is one of the missed op- issues of great moment other than to programs run by bureaucrats in Wash- portunities of this Congress, to have us espouse our respective political phi- ington, not teachers. The Department have a living wage in this country. losophies with 3 weeks left in the elec- of Education is not comprised of teach- Also, we threaten the pension security tion cycle. The fact is this is nothing ers, it is comprised of bureaucrats. of America’s children. Their health, more than a C–SPAN moment. It They think that by giving those bu- their education, the economic security should be interpreted as nothing more reaucrats more money to dole out, the of their families are very, very impor- than that. We are having an oppor- money for their little favorite pro- tant to our children and to the future tunity to make great speeches on our grams, that they are going to do great of our country. How sad for us that this respective positions. Should they be things for America, and certainly some Congress has missed the opportunity to dismissed as being too casual or too good will be done; we have to admit send a clear message and take the ac- light and nonconsequential? No, of that. We think that by giving the tion necessary to make their future course not. The fact is that the Repub- greatest amount of flexibility to the brighter. lican majority of Congress believes teachers, and to the school faculties Mr. OBEY. Madam Speaker, I yield that we should be frugal with the tax and the school boards around America, 11⁄2 minutes to the distinguished gen- dollar, that we should be proud that we the school districts, that they can de- tleman from Connecticut (Mr. GEJDEN- have finally brought about conditions cide for themselves where they want to SON). best apply those Federal dollars. We Mr. GEJDENSON. Madam Speaker, that reap us a surplus this year, the think that the flexibility inherent in one of the key differences between the first balanced budget or first surplus in 30 years; and we should be proud of block grants is a much better idea. United States is that we have made So that is what is going on here. We education universally available. As we that accomplishment. We should like- wise be proud that we have in the last are not debating amounts of dollars, we compete in this modern economy, it is are debating philosophies, we are de- clear that we cannot compete at the year provided the first tax cut in 16 bating ideas on how best to get the job bottom of the economic ladder. Coun- years. We believe that we are stewards done. Either we give the money to the tries will always hopefully have lower for the American taxpayer and that we States and localities, like we want to, hourly wages for their employees than should not waste their money. We or we give it to the bureaucracies like we do in this country. In China right should not spend it unwisely. We the President wants to. That is essen- now it is 2 cents on the dollar. In Mex- should not create unneeded bureauc- tially the debate. ico it is about 15 cents on the dollar. racies to tell people what is good for them. On foreign aid, they want to throw The only way we are able to stay com- more money, another billion dollars petitive internationally is by investing The other side says, no. They have here and there. We happen to believe in education to make sure the next got good programs, well-intentioned, that a few extra dollars in foreign aid generation is ready for an even more that are going to do great things for is not going to make any difference. We economic battlefront that is inter- the American people. All the American think that basically what the Presi- nationally based. If we underfund edu- people have to do is keep sending dent needs to put forth for the Amer- cation as a country, we will end up money, and they will keep coming up ican people and the world is a coherent, being a second-rate power economi- with programs. That is understandable. cogent, understandable foreign policy, cally and we will be a second-rate We had that for some 40 years, from which unfortunately has been sorely power militarily as well. The future of the New Deal, through the Great Soci- lacking. this country is dependent on the in- ety, through the War on Poverty, The fact is a few more extra dollars vestment in education, so that we have through Vietnam and up through the will not give us a better Russian pol- the brightest workers, the most pat- point where finally the American peo- icy. A few more extra dollars will not ents as we have today, the Nobel prize ple had had enough and put Repub- stop the slaughter in Kosovo. A few winners in arts and sciences. That is licans in charge of the Congress. The more extra dollars will not restart, re- what moves this country forward. other side of the aisle does not like There is a debate. The Republicans that. They do not like being generate the moribund peace talks in generally do not feel there is a Federal disenfranchised and not being able to the Mideast or manage the problems role for education. I think whether you jam through all their new programs. presented by Saddam Hussein, who is live in Bozrah, Connecticut or Balti- They have a President in the White pointing weapons of mass destruction more or Selma, Alabama you ought to House who even though about a year at the civilized world. A few more dol- expect the very best education that we and a half ago said the era of big gov- lars will not invigorate our policy with can provide because every American ernment is now over is attempting to respect to North Korea or stop India or benefits from this investment in edu- spend billions upon billions of dollars Pakistan from proliferating weapons of cation. more than he agreed to in the balanced mass destruction. No, a few more dol- Mr. OBEY. Madam Speaker, I yield budget agreement of last year. lars or even a few billion dollars will not give us a coherent foreign policy if back the balance of my time. b Mr. LIVINGSTON. Madam Speaker, I 1330 this President and this administration yield myself such time as I may con- But, we are not really here today de- do not work together towards trying to sume. bating how much money to spend on bring some common sense to their for- Madam Speaker, we are here as the education. We pretty well agreed to eign policy, more than they have done gentleman from Wisconsin indicated that. The amount of money is in agree- in recent months. H10868 CONGRESSIONAL RECORD — HOUSE October 14, 1998 Madam Speaker, we could send ev- This Congress has done nothing to help favor of the Mississippi Sioux Indians, eryone home today if only we in the working families, but, while it is too late for and for other purposes.’’ majority, we Republicans, would bow some issues, it is not too late for others. The message also announced that the down and accept every plan, every pro- It is too late to pass health reform. Senate agrees to the amendments of gram every hair brain scheme to spend It is too late to reduce teen smoking and re- the House to the bill (S. 459) ‘‘An Act tax dollars that the Democrats have form our campaign finance system. to amend the Native American Pro- thrown at us. That is easy. We could And, it is too late to enact laws to protect grams Act of 1974 to extend certain au- finish our business if we would just the environment and to truly safeguard the thorizations, and for other purposes.’’ simply mindlessly say, ‘‘Okay, you surplus for social security. f have got lots of new ideas on how to But, it is not too late to make responsible RECESS spend taxpayers’ dollars, we’ll accept budget decisions. The SPEAKER pro tempore. Pursu- those, all in their entirety, and then It is not too late to enact laws to hire new ant to clause 12 of rule I, the Chair de- we’ll go home.’’ But we are not going teachers, reduce class sizes and modernize clares the House in recess until ap- home without some debate. schools. It is not too late to help our small farmers proximately 2 p.m. The President proposes, the Congress Accordingly (at 1 o’clock and 39 min- by giving them reasonable access to credit. disposes. Right now the Democrats are utes p.m.), the House stood in recess And, it is not too late, Mr. Speaker, for vot- in the minority in the House and in the until approximately 2 p.m. ers to note what Congress has done and what minority in the Senate. But, as long as f we are in the majority, we have to use it has not done. our best judgment to deal with the Mr. LIVINGSTON. Madam Speaker, I b 1414 President as we see fit, as we firmly be- yield back the balance of my time. AFTER RECESS The SPEAKER pro tempore (Mrs. lieve our constituents and the Amer- The recess having expired, the House ican people that sent us here really EMERSON). All time for debate has ex- pired. was called to order by the Speaker pro want us to do. They did not send us tempore (Mr. GIBBONS) at 2 o’clock and here to cave in to the President. They The joint resolution is considered read for amendment. 14 minutes p.m. did send us here to ignore the problems f that he has encouraged in the last sev- The question is on the engrossment eral months. They did not send us here and third reading of the joint resolu- SUNDRY MESSAGES FROM THE simply to worry that we will be ac- tion. PRESIDENT The joint resolution was ordered to cused of being mean and heartless and Sundry messages in writing from the be engrossed and read a third time, and thereby fold our cards and go home. President of the United States were They sent us here to use our good judg- was read the third time. communicated to the House by Mr. ment and to be those stewards of the The SPEAKER pro tempore. The Sherman Williams, one of his secretar- Federal Treasury to make sure that question is on the joint resolution. ies. The question was taken; and the the person who is working so hard to f Speaker pro tempore announced that feed his family, go to work, be good b citizens throughout the community all the ayes appeared to have it. 1415 around America, does not send his or Mr. LAHOOD. Madam Speaker, I ob- ANNOUNCEMENT BY THE SPEAKER her money to Washington just simply ject to the vote on the ground that a PRO TEMPORE to see it wasted on another well-inten- quorum is not present and make the point of order that a quorum is not The SPEAKER pro tempore (Mr. GIB- tioned program or another run-wild bu- BONS). Pursuant to clause 5, rule I, the reaucracy. That is not exactly why the present. The SPEAKER pro tempore. Pursu- Chair will now put the question on people put us in the position of the ma- ant to clause 5 of rule I and the Chair’s H.J.Res. 135, and then on each motion jority. to suspend the rules on which further prior announcement, further proceed- proceedings were postponed earlier We are against his profligate ways, ings on H.J. Res. 135 will be postponed. we are against the wasteful ways of the today in the order in which that mo- f former majority and now the minority tion was entertained. who have said, ‘‘We’ve got another MESSAGE FROM THE SENATE Votes will be taken in the following order: great new program for you, another A message from the Senate by Mr. H.J. Res. 135, de novo; great new bureaucracy, another great Lundregan, one of its clerks, an- way to spend your money; just give us H.R. 3963, de novo; nounced that the Senate had passed H.R. 4501, de novo; all your cash and we’ll tell you what to without amendment a bill of the House H.R. 559, by the yeas and nays; and do with it.’’ We think that is not the of the following title: S. 759, de novo. way to approach government. We are H.R. 4566. An act to make technical correc- The Chair will reduce to 5 minutes standing up for what we believe. tions to the National Capital Revitalization the time for any electronic vote after It is taking longer than we wanted it and Self-Government Improvement Act of the first such vote in this series. to take, but sooner or later we will end 1997 with respect to the courts and court sys- f this soap opera. Sooner or later we will tem of the District of Columbia. tell the American people we are tired The message also announced that the MAKING FURTHER CONTINUING of debating philosophy and programs, Senate had passed a bill of the follow- APPROPRIATIONS FOR FISCAL and we will put a ribbon on this pack- ing title in which concurrence of the YEAR 1999 age. It may not be the prettiest or the House is requested: The SPEAKER pro tempore. The neatest package, but it will in fact S. 1733. An act to amend the Food Stamp pending business is the question of the still, after all the dust is settled, result Act of 1977 to require food stamp State agen- passage of the joint resolution, in the first surplus in 30 years, and we cies to take certain actions to ensure that H.J.Res. 135. will go home with a proud record of ac- food stamp coupons are not issued for de- The Clerk read the title of the joint complishment. ceased individuals, to require the Secretary resolution. I urge all Members to vote for this of Agriculture to conduct a study of options The SPEAKER pro tempore. The for the design, development, implementa- continuing resolution. question is on the joint resolution. tion, and operation of a national database to The joint resolution was passed. Mrs. CLAYTON. Mr. Speaker, this is the track participation in Federal means-tested A motion to reconsider was laid on fourth Continuing Resolution that has come public assistance programs, and for other the table. purposes. before usÐfour times we have delayed the f important business of keeping the government The message also announced that the running. Senate agrees to the amendment of the CANYON FERRY RESERVOIR Perhaps when we conclude this business, House to the bill (S. 391) ‘‘An Act to LEASEHOLD CONVEYANCE we can get on with the business of the Amer- provide for the disposition of certain The SPEAKER pro tempore. The ican people. funds appropriated to pay judgment in pending business is the question de October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10869 novo of suspending the rules and pass- Watkins White Young (AK) Chair announces that he will reduce to Watts (OK) Whitfield Young (FL) ing the bill, H.R. 3963, as amended. Weldon (PA) Wicker a minimum of 5 minutes the period of The Clerk read the title of the bill. Weller Wolf time within which a vote by electronic The SPEAKER pro tempore. The NAYS—181 device may be taken on each additional question is on the motion offered by motion to suspend the rules on which Abercrombie Gordon Moran (VA) the gentleman from Utah (Mr. HANSEN) Ackerman Green Murtha the Chair has postponed further pro- that the House suspend the rules and Allen Gutierrez Nadler ceedings today. pass the bill, H.R. 3963, as amended. Andrews Hall (OH) Oberstar f Baesler Hamilton Obey The question was taken. Baldacci Harman Olver Mr. MILLER of California. Mr. Barcia Hastings (FL) Ortiz REQUIRING STUDY REGARDING Speaker, I object to the vote on the Barrett (WI) Hilliard Owens IMPROVED OUTDOOR REC- ground that a quorum is not present Becerra Hinchey Pallone REATIONAL ACCESS FOR PER- Bentsen Hinojosa Pascrell SONS WITH DISABILITIES and make the point of order that a Berry Holden Pastor quorum is not present. Bishop Hooley Payne The SPEAKER pro tempore. The The SPEAKER pro tempore. Evi- Blagojevich Hoyer Pelosi pending business is the question de Blumenauer Jackson (IL) Peterson (MN) dently a quorum is not present. Bonior Jackson-Lee Price (NC) novo of suspending the rules and pass- The Sergeant at Arms will notify ab- Borski (TX) Rahall ing the bill, H.R. 4501. sent Members. Boswell Jefferson Rangel The Clerk read the title of the bill. Boucher Johnson (WI) Rivers The vote was taken by electronic de- Boyd Johnson, E.B. Rodriguez The SPEAKER pro tempore. The vice, and there were—yeas 217, nays Brady (PA) Kanjorski Roemer question is on the motion offered by 181, not voting 36, as follows: Brown (CA) Kaptur Roybal-Allard the gentleman from Utah (Mr. HANSEN) Brown (FL) Kennedy (RI) Rush that the House suspend the rules and [Roll No. 530] Brown (OH) Kildee Sabo YEAS—217 Capps Kind (WI) Sanchez pass the bill, H.R. 4501. Cardin Kleczka Sanders The question was taken; and (two- Aderholt Fox Moran (KS) Clay Klink Sandlin thirds having voted in favor thereof) Armey Franks (NJ) Morella Clayton Kucinich Sawyer Bachus Frelinghuysen Myrick Clement LaFalce Schumer the rules were suspended and the bill Baker Gallegly Nethercutt Clyburn Lampson Scott was passed. Ballenger Ganske Neumann Condit Lantos Serrano Barrett (NE) Gekas Ney A motion to reconsider was laid on Costello Lee Sherman the table. Bartlett Gibbons Northup Coyne Levin Sisisky Barton Gilchrest Norwood Cramer Lewis (GA) Skaggs f Bass Gillmor Nussle Cummings Lofgren Skelton Bateman Gilman Oxley Davis (FL) Lowey Slaughter Bereuter Goode Packard ADDING BRONCHIOLO-ALVEOLAR DeFazio Luther Smith, Adam CARCINOMA TO LIST OF SERV- Bilbray Goodlatte Pappas DeGette Maloney (CT) Snyder Bilirakis Goodling Parker Delahunt Maloney (NY) Spratt ICE-CONNECTED DISEASES Bliley Goss Paul DeLauro Manton Stabenow The SPEAKER pro tempore. The Blunt Granger Paxon Deutsch Markey Stark Boehlert Gutknecht Pease Dicks Martinez Stenholm pending business is the question of sus- Boehner Hall (TX) Peterson (PA) Dingell Mascara Stokes pending the rules and passing the bill, Bonilla Hansen Petri Dixon Matsui Strickland H.R. 559. Bono Hastert Pickering Doggett McCarthy (MO) Stupak Brady (TX) Hastings (WA) Pitts Dooley McCarthy (NY) Tanner The Clerk read the title of the bill. Bryant Hayworth Pombo Doyle McDermott Tauscher The SPEAKER pro tempore. The Bunning Hefley Pomeroy Edwards McHale Taylor (MS) Burr Herger Porter question is on the motion offered by Engel McIntyre Thompson the gentleman from Arizona (Mr. Burton Hill Portman Eshoo McKinney Thurman Buyer Hilleary Quinn Etheridge McNulty Tierney STUMP) that the House suspend the Callahan Hobson Radanovich Evans Meehan Towns rules and pass the bill, H.R. 559, on Calvert Hoekstra Ramstad Farr Meek (FL) Turner which the yeas and nays are ordered. Camp Horn Redmond Fattah Meeks (NY) Velazquez Campbell Hostettler Riggs Fazio Menendez Vento The vote was taken by electronic de- Canady Houghton Riley Filner Millender- Waters vice, and there were— yeas 400, nays 0, Cannon Hulshof Rogan Ford McDonald Waxman not voting 34, as follows: Castle Hunter Rogers Frost Miller (CA) Wexler Chabot Hutchinson Rohrabacher Furse Minge Weygand [Roll No. 531] Chambliss Hyde Ros-Lehtinen Gejdenson Mink Woolsey YEAS—400 Chenoweth Istook Roukema Gephardt Moakley Wynn Abercrombie Borski Condit Christensen Jenkins Royce Gonzalez Mollohan Yates Coble John Ryun Ackerman Boswell Cook Coburn Johnson (CT) Salmon NOT VOTING—36 Aderholt Boucher Cooksey Collins Johnson, Sam Sanford Allen Boyd Costello Archer Kilpatrick Rothman Combest Jones Saxton Andrews Brady (PA) Cox Barr Kolbe Scarborough Cook Kasich Schaffer, Bob Armey Brady (TX) Coyne Berman Largent Schaefer, Dan Cooksey Kelly Sensenbrenner Bachus Brown (CA) Cramer Carson Lipinski Shuster Cox Kennedy (MA) Sessions Baesler Brown (FL) Crane Conyers McGovern Smith (OR) Crane Kim Shadegg Baker Brown (OH) Crapo Davis (IL) McHugh Tauzin Crapo King (NY) Shaw Baldacci Bryant Cubin Frank (MA) Neal Torres Cubin Kingston Shays Ballenger Bunning Cummings Graham Pickett Visclosky Cunningham Klug Shimkus Barcia Burr Cunningham Greenwood Poshard Watt (NC) Danner Knollenberg Skeen Barrett (NE) Burton Danner Hefner Pryce (OH) Weldon (FL) Davis (VA) LaHood Smith (MI) Barrett (WI) Buyer Davis (FL) Inglis Regula Wilson Deal Latham Smith (NJ) Bartlett Callahan Davis (VA) Kennelly Reyes Wise DeLay LaTourette Smith (TX) Barton Calvert Deal Diaz-Balart Lazio Smith, Linda b 1435 Bass Camp DeFazio Dickey Leach Snowbarger Bateman Campbell DeGette Doolittle Lewis (CA) Solomon Ms. ESHOO and Mr. HALL of Ohio Becerra Canady Delahunt Dreier Lewis (KY) Souder changed their vote from ‘‘yea’’ to Bentsen Cannon DeLauro Duncan Linder Spence ‘‘nay.’’ Bereuter Capps DeLay Dunn Livingston Stearns Berry Cardin Deutsch Ehlers LoBiondo Stump So (two-thirds not having voted in Bilbray Castle Diaz-Balart Ehrlich Lucas Sununu favor thereof) the motion was rejected. Bilirakis Chabot Dickey Emerson Manzullo Talent The result of the vote was announced Bishop Chambliss Dicks English McCollum Taylor (NC) as above recorded. Blagojevich Chenoweth Dingell Ensign McCrery Thomas Bliley Christensen Dixon Everett McDade Thornberry f Blumenauer Clay Doggett Ewing McInnis Thune Blunt Clement Dooley Fawell McIntosh Tiahrt ANNOUNCEMENT BY THE SPEAKER Boehlert Clyburn Doolittle Foley McKeon Traficant PRO TEMPORE Boehner Coble Doyle Forbes Metcalf Upton Bonilla Coburn Dreier Fossella Mica Walsh The SPEAKER pro tempore (Mr. GIB- Bonior Collins Duncan Fowler Miller (FL) Wamp BONS). Pursuant to clause 5, rule I, the Bono Combest Dunn H10870 CONGRESSIONAL RECORD — HOUSE October 14, 1998 Ehlers Klug Rahall Wolf Wynn Young (AK) Mr. TRAFICANT. Mr. Speaker, we Ehrlich Knollenberg Ramstad Woolsey Yates Young (FL) have an important issue dealing with Emerson Kucinich Rangel Engel LaFalce Redmond NOT VOTING—34 the surge of steel imports, and I had English LaHood Regula Archer Kennelly Rothman scheduled today, which is the second Ensign Lampson Riggs Barr Kilpatrick Scarborough calendar day under House rules, to Eshoo Lantos Riley Berman Kolbe Schaefer, Dan bring forth the Question of Privilege on Etheridge Latham Rivers Carson Largent Shuster Evans LaTourette Rodriguez Clayton Lipinski Smith (OR) that resolution. Everett Lazio Roemer Conyers McGovern Torres I am willing to let that go if I have Ewing Leach Rogan Davis (IL) McHugh Visclosky an understanding that the resolution Farr Lee Rogers Edwards Neal Watt (NC) Fattah Levin Frank (MA) Pickett Weldon (FL) that I have submitted at the desk with Rohrabacher a number of cosponsors and coauthors Fawell Lewis (CA) Ros-Lehtinen Graham Poshard Wilson Hefner Pryce (OH) Fazio Lewis (GA) Roukema from both sides, if that will be sched- Filner Lewis (KY) Inglis Reyes Roybal-Allard uled for a vote in the House tomorrow Foley Linder Royce Forbes Livingston b 1447 or at least before we leave here. Rush Ford LoBiondo Mr. ARMEY. Mr. Speaker, I thank Ryun So (two-thirds having voted in favor Fossella Lofgren Sabo the gentleman for his inquiry. The gen- Fowler Lowey thereof) the rules were suspended and Salmon tleman, of course, has shown great in- Fox Lucas the bill was passed. Sanchez terest in this matter, and I want to as- Franks (NJ) Luther The result of the vote was announced Sanders sure the gentleman, without doubt, Frelinghuysen Maloney (CT) as above recorded. Frost Maloney (NY) Sandlin that it will be scheduled for floor ac- Sanford A motion to reconsider was laid on Furse Manton tion and for a vote tomorrow before we Gallegly Manzullo Sawyer the table. Ganske Markey Saxton leave. f Gejdenson Martinez Schaffer, Bob f Gekas Mascara Schumer Gephardt Matsui Scott REQUIRING THE SECRETARY OF AGREEMENT BETWEEN UNITED Gibbons McCarthy (MO) Sensenbrenner STATE TO SUBMIT AN ANNUAL STATES AND REPUBLIC OF ES- Gilchrest McCarthy (NY) Serrano REPORT TO CONGRESS CONCERN- TONIA CONCERNING FISHERIES - Gillmor McCollum Sessions ING DIPLOMATIC IMMUNITY Gilman McCrery Shadegg MESSAGE FROM THE PRESIDENT Gonzalez McDade Shaw The SPEAKER pro tempore (Mr. GIB- OF THE UNITED STATES (H. DOC. Goode McDermott Shays BONS). The pending business is the NO. 105–323) Goodlatte McHale Sherman Goodling McInnis Shimkus question of suspending the rules and The Speaker pro tempore laid before Gordon McIntosh Sisisky passing the Senate bill, S. 759. the House the following message from Goss McIntyre Skaggs The Clerk read the title of the Senate the President of the United States; Granger McKeon Skeen bill. Green McKinney which was read and, together with the Skelton The SPEAKER pro tempore. The Greenwood McNulty Slaughter accompanying papers, without objec- Gutierrez Meehan Smith (MI) question is on the motion offered by tion, referred to the Committee on Re- Gutknecht Meek (FL) Smith (NJ) the gentleman from New York (Mr. sources and ordered to be printed: Hall (OH) Meeks (NY) Smith (TX) GILMAN) that the House suspend the Hall (TX) Menendez To the Congress of the United States: Smith, Adam rules and pass the Senate bill, S. 759. Hamilton Metcalf Smith, Linda In accordance with the Magnuson Hansen Mica Snowbarger The question was taken; and (two- Fishery Conservation and Management Harman Millender- Snyder thirds having voted in favor thereof) Hastert McDonald Act of 1976 (16 U.S.C. 1801 et seq.), I Solomon Hastings (FL) Miller (CA) the rules were suspended and the Sen- transmit herewith an Agreement be- Souder Hastings (WA) Miller (FL) ate bill was passed. Spence tween the Government of the United Hayworth Minge Spratt A motion to reconsider was laid on States of America and the Government Hefley Mink the table. Herger Moakley Stabenow of the Republic of Estonia extending Hill Mollohan Stark f the Agreement of June 1, 1992, Concern- Stearns Hilleary Moran (KS) ing Fisheries Off the Coasts of the Hilliard Moran (VA) Stenholm LEGISLATIVE PROGRAM Hinchey Morella Stokes United States, with annex, as extended Hinojosa Murtha Strickland (Mr. ARMEY asked and was given (‘‘the 1992 Agreement’’). The present Hobson Myrick Stump permission to address the House for 1 Agreement, which was effected by an Hoekstra Nadler Stupak minute.) Holden Nethercutt Sununu exchange of notes in Tallinn on March Hooley Neumann Talent Mr. ARMEY. Mr. Speaker, I would 10 and June 11, 1998, extends the 1992 Horn Ney Tanner like to take a moment to advise all Agreement to June 30, 2000. Hostettler Northup Tauscher Members of the body that we have had In light of the importance of our fish- Houghton Norwood Tauzin the last vote for today. We will con- Hoyer Nussle eries relationship with the Republic of Taylor (MS) tinue with many items that we have Hulshof Oberstar Taylor (NC) Estonia, I urge that the Congress give Hunter Obey Thomas under consideration, many items that favorable consideration to this Agree- Hutchinson Olver Thompson are already cleared, some that we are ment at an early date. Hyde Ortiz Thornberry Istook Owens still working on clearance for the Sus- WILLIAM J. CLINTON. Thune pension Calendar. The negotiations Jackson (IL) Oxley Thurman THE WHITE HOUSE, October 14, 1998. Jackson-Lee Packard Tiahrt continue as my colleagues know. We f (TX) Pallone Tierney are optimistic that we will be able to Jefferson Pappas Towns AGREEMENT BETWEEN UNITED Jenkins Parker conclude them this week. Traficant STATES AND REPUBLIC OF LITH- John Pascrell But for now, Mr. Speaker, we will Turner Johnson (CT) Pastor UANIA CONCERNING FISHERIES— Upton have no more recorded votes today, and Johnson (WI) Paul MESSAGE FROM THE PRESIDENT Velazquez Members should be advised that there Johnson, E. B. Paxon OF THE UNITED STATES (H. DOC. Johnson, Sam Payne Vento will be recorded votes tomorrow after 3 Jones Pease Walsh o’clock. I know many Members would NO. 105–324) Wamp Kanjorski Pelosi like to make short trips back to their The SPEAKER pro tempore laid be- Kaptur Peterson (MN) Waters Kasich Peterson (PA) Watkins district; and insofar as that is possible, fore the House the following message Kelly Petri Watts (OK) we certainly do not want to discourage from the President of the United Kennedy (MA) Pickering Waxman that. But the body should be advised States; which was read and, together Kennedy (RI) Pitts Weldon (PA) with the accompanying papers, without Kildee Pombo Weller there will be votes tomorrow after 3 Kim Pomeroy Wexler o’clock. objection, referred to the Committee Kind (WI) Porter Weygand Mr. TRAFICANT. Mr. Speaker, will on Resources and ordered to be printed: King (NY) Portman White the gentleman yield? Kingston Price (NC) Whitfield To the Congress of the United States: Kleczka Quinn Wicker Mr. ARMEY. I am happy to yield to In accordance with the Magnuson Klink Radanovich Wise the gentleman from Ohio. Fishery Conservation and Management October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10871 Act of 1976 (16 U.S.C. 1801 et seq.), I shall submit to the Committee on Environment ‘‘(1) KNOWING VIOLATIONS.—Any’’; transmit herewith an Agreement be- and Public Works of the Senate and the Com- (B) by inserting ‘‘knowingly’’ after ‘‘who’’; mittee on Resources of the House of Representa- and tween the Government of the United (C) by adding at the end the following: States of America and the Government tives a report analyzing the effect of the amend- ments made by section 2, and the general prac- ‘‘(2) OTHER VIOLATIONS.—Any person who of the Republic of Lithuania extending tice of baiting, on migratory bird conservation otherwise violates or fails to comply with any of the Agreement of November 12, 1992, and law enforcement efforts under the Migra- the provisions of this Act (including a regula- Concerning Fisheries Off the Coasts of tory Bird Treaty Act (16 U.S.C. 701 et seq.). tion issued under this Act) shall be fined under the United States, with annex, as ex- title 18, United States Code, or imprisoned not TITLE II—NATIONAL WILDLIFE REFUGE more than 180 days, or both.’’. tended (‘‘the 1992 Agreement’’). The SYSTEM IMPROVEMENT present Agreement, which was effected TITLE III—WETLANDS AND WILDLIFE SEC. 201. SHORT TITLE. ENHANCEMENT by an exchange of notes in Washington This title may be cited as the ‘‘National Wild- on April 20, September 16 and Septem- SEC. 301. SHORT TITLE. life Refuge System Improvement Act of 1998’’. This title may be cited as the ‘‘Wetlands and ber 17, 1998, extends the 1992 Agreement SEC. 202. UPPER MISSISSIPPI RIVER NATIONAL Wildlife Enhancement Act of 1998’’. WILDLIFE AND FISH REFUGE. to December 31, 2001. SEC. 302. REAUTHORIZATION OF NORTH AMER- In light of the importance of our fish- (a) IN GENERAL.—In accordance with section ICAN WETLANDS CONSERVATION eries relationship with the Republic of 4(a)(5) of the National Wildlife Refuge System ACT. Lithuania, I urge that the Congress Administration Act of 1966 (16 U.S.C. Section 7(c) of the North American Wetlands give favorable consideration to this 668dd(a)(5)), there are transferred to the Corps Conservation Act (16 U.S.C. 4406(c)) is amended of Engineers, without reimbursement, approxi- Agreement at an early date. by striking ‘‘not to exceed’’ and all that follows mately 37.36 acres of land of the Upper Mis- and inserting ‘‘not to exceed $30,000,000 for each WILLIAM J. CLINTON. sissippi River Wildlife and Fish Refuge in the of fiscal years 1999 through 2003.’’. THE WHITE HOUSE, October 14, 1998. State of Minnesota, as designated on the map SEC. 303. REAUTHORIZATION OF PARTNERSHIPS f entitled ‘‘Upper Mississippi National Wildlife FOR WILDLIFE ACT. and Fish Refuge lands transferred to Corps of Section 7105(h) of the Partnerships for Wild- RHINO AND TIGER PRODUCT Engineers’’, dated January 1998, and available, life Act (16 U.S.C. 3744(h)) is amended by strik- LABELING ACT with accompanying legal descriptions of the ing ‘‘for each of fiscal years’’ and all that fol- Mr. YOUNG of Alaska. Mr. Speaker, I land, for inspection in appropriate offices of the lows and inserting ‘‘not to exceed $6,250,000 for ask unanimous consent to take from United States Fish and Wildlife Service. each of fiscal years 1999 through 2003.’’. the Speaker’s table the bill (H.R. 2807) (b) CONFORMING AMENDMENTS.—The first sec- SEC. 304. MEMBERSHIP OF THE NORTH AMER- tion and section 2 of the Upper Mississippi River ICAN WETLANDS CONSERVATION to amend the Rhinoceros and Tiger Wild Life and Fish Refuge Act (16 U.S.C. 721, COUNCIL. Conservation Act of 1994 to prohibit 722) are amended by striking ‘‘Upper Mississippi (a) IN GENERAL.—Notwithstanding section the sale, importation, and exportation River Wild Life and Fish Refuge’’ each place it 4(a)(1)(D) of the North American Wetlands Con- of products labeled as containing sub- appears and inserting ‘‘Upper Mississippi River servation Act (16 U.S.C. 4403(a)(1)(D)), during stances derived from rhinoceros or National Wildlife and Fish Refuge’’. the period of 1999 through 2002, the membership of the North American Wetlands Conservation tiger, with a Senate amendment there- SEC. 203. KILLCOHOOK COORDINATION AREA. Council under section 4(a)(1)(D) of that Act to, and concur in the Senate amend- (a) IN GENERAL.—In accordance with section shall consist of— 4(a)(5) of the National Wildlife Refuge System ment, with amendments. (1) 1 individual who shall be the Group Man- Administration Act of 1966 (16 U.S.C. The Clerk read the title of the bill. ager for Conservation Programs of Ducks Un- 668dd(a)(5)), the jurisdiction of the United The Clerk read the Senate amend- limited, Inc. and who shall serve for 1 term of 3 States Fish and Wildlife Service over approxi- ment and the House amendments to years beginning in 1999; and mately 1,439.26 acres of land in the States of the Senate amendment as follows: (2) 2 individuals who shall be appointed by New Jersey and Delaware, known as the the Secretary of the Interior in accordance with Senate amendment: ‘‘Killcohook Coordination Area’’, as established section 4 of that Act and who shall each rep- Strike out all after the enacting clause and by Executive Order No. 6582, issued February 3, insert: resent a different organization described in sec- 1934, and Executive Order No. 8648, issued Janu- tion 4(a)(1)(D) of that Act. TITLE I—MIGRATORY BIRD TREATY ary 23, 1941, is terminated. (b) PUBLICATION OF POLICY.—Not later than REFORM (b) EXECUTIVE ORDERS.—Executive Order No. June 30, 1999, the Secretary of the Interior shall SEC. 101. SHORT TITLE. 6582, issued February 3, 1934, and Executive publish in the Federal Register, after notice and This title may be cited as the ‘‘Migratory Bird Order No. 8648, issued January 23, 1941, are re- opportunity for public comment, a policy for Treaty Reform Act of 1998’’. voked. making appointments under section 4(a)(1)(D) of SEC. 102. ELIMINATING STRICT LIABILITY FOR SEC. 204. LAKE ELSIE NATIONAL WILDLIFE REF- the North American Wetlands Conservation Act BAITING. UGE. (16 U.S.C. 4403(a)(1)(D)). Section 3 of the Migratory Bird Treaty Act (16 (a) IN GENERAL.—In accordance with section TITLE IV—RHINOCEROS AND TIGER U.S.C. 704) is amended— 4(a)(5) of the National Wildlife Refuge System CONSERVATION Administration Act of 1966 (16 U.S.C. (1) by inserting ‘‘(a)’’ after ‘‘SEC. 3.’’; and SEC. 401. SHORT TITLE. 668dd(a)(5)), the jurisdiction of the United (2) by adding at the end the following: This title may be cited as the ‘‘Rhinoceros and ‘‘(b) It shall be unlawful for any person to— States Fish and Wildlife Service over approxi- Tiger Conservation Act of 1998’’. ‘‘(1) take any migratory game bird by the aid mately 634.7 acres of land and water in Rich- of baiting, or on or over any baited area, if the land County, North Dakota, known as the SEC. 402. FINDINGS. Congress finds that— person knows or reasonably should know that ‘‘Lake Elsie National Wildlife Refuge’’, as estab- (1) the populations of all but 1 species of rhi- the area is a baited area; or lished by Executive Order No. 8152, issued June noceros, and the tiger, have significantly de- ‘‘(2) place or direct the placement of bait on or 12, 1939, is terminated. clined in recent years and continue to decline; adjacent to an area for the purpose of causing, (b) EXECUTIVE ORDER.—Executive Order No. (2) these species of rhinoceros and tiger are inducing, or allowing any person to take or at- 8152, issued June 12, 1939, is revoked. listed as endangered species under the Endan- tempt to take any migratory game bird by the SEC. 205. KLAMATH FOREST NATIONAL WILDLIFE gered Species Act of 1973 (16 U.S.C. 1531 et seq.) aid of baiting on or over the baited area.’’. REFUGE. and listed on Appendix I of the Convention on SEC. 103. CRIMINAL PENALTIES. Section 28 of the Act of August 13, 1954 (25 International Trade in Endangered Species of Section 6(a) of the Migratory Bird Treaty Act U.S.C. 564w–1), is amended in subsections (f) Wild Fauna and Flora, signed on March 3, 1973 (16 U.S.C. 707(a)) is amended— and (g) by striking ‘‘Klamath Forest National (27 UST 1087; TIAS 8249) (referred to in this title (1) by striking ‘‘thereof shall be fined not more Wildlife Refuge’’ each place it appears and in- as ‘‘CITES’’); than $500’’ and inserting the following: ‘‘there- serting ‘‘Klamath Marsh National Wildlife Ref- (3) the Parties to CITES have adopted several of— uge’’. resolutions— ‘‘(1) shall be fined not more than $15,000’’; SEC. 206. VIOLATION OF NATIONAL WILDLIFE (A) relating to the conservation of tigers (2) in paragraph (1) (as designated by para- REFUGE SYSTEM ADMINISTRATION (Conf. 9.13 (Rev.)) and rhinoceroses (Conf. 9.14), graph (1)), by striking the period at the end and ACT. urging Parties to CITES to implement legislation inserting ‘‘; and’’; and Section 4 of the National Wildlife Refuge Sys- to reduce illegal trade in parts and products of (3) by adding at the end the following: tem Administration Act of 1966 (16 U.S.C. 668dd) the species; and ‘‘(2) in the case of a violation of section is amended— (B) relating to trade in readily recognizable 3(b)(2), shall be fined under title 18, United (1) in the first sentence of subsection (c), by parts and products of the species (Conf. 9.6), States Code, imprisoned not more than 1 year, striking ‘‘knowingly’’; and and trade in traditional medicines (Conf. 10.19), or both.’’. (2) in subsection (f)— recommending that Parties ensure that their leg- SEC. 104. REPORT. (A) by striking ‘‘(f) Any’’ and inserting the islation controls trade in those parts and deriva- Not later than 5 years after the date of enact- following: tives, and in medicines purporting to contain ment of this Act, the Secretary of the Interior ‘‘(f) PENALTIES.— them; H10872 CONGRESSIONAL RECORD — HOUSE October 14, 1998

(4) a primary cause of the decline in the popu- shall be assessed, and may be collected, in the ‘‘(3) CHESAPEAKE BAY WATERSHED.—The term lations of tiger and most rhinoceros species is manner in which a civil penalty under the En- ‘Chesapeake Bay watershed’ shall have the the poaching of the species for use of their parts dangered Species Act of 1973 may be assessed meaning determined by the Administrator. and products in traditional medicines; and collected under section 11(a) of that Act (16 ‘‘(4) CHESAPEAKE EXECUTIVE COUNCIL.—The (5) there are insufficient legal mechanisms en- U.S.C. 1540(a)). term ‘Chesapeake Executive Council’ means the abling the United States Fish and Wildlife Serv- ‘‘(c) PRODUCTS, ITEMS, AND SUBSTANCES.— signatories to the Chesapeake Bay Agreement. ice to interdict products that are labeled or ad- Any product, item, or substance sold, imported, ‘‘(5) SIGNATORY JURISDICTION.—The term ‘sig- vertised as containing substances derived from or exported, or attempted to be sold, imported, or natory jurisdiction’ means a jurisdiction of a rhinoceros or tiger species and prosecute the exported, in violation of this section or any reg- signatory to the Chesapeake Bay Agreement. merchandisers for sale or display of those prod- ulation issued under this section shall be subject ‘‘(b) CONTINUATION OF CHESAPEAKE BAY PRO- ucts; and to seizure and forfeiture to the United States. GRAM.— (6) legislation is required to ensure that— ‘‘(d) REGULATIONS.—After consultation with ‘‘(1) IN GENERAL.—In cooperation with the (A) products containing, or labeled or adver- the Secretary of the Treasury, the Secretary of Chesapeake Executive Council (and as a member tised as containing, rhinoceros parts or tiger Health and Human Services, and the United of the Council), the Administrator shall con- parts are prohibited from importation into, or States Trade Representative, the Secretary shall tinue the Chesapeake Bay Program. exportation from, the United States; and issue such regulations as are appropriate to ‘‘(2) PROGRAM OFFICE.—The Administrator (B) efforts are made to educate persons re- carry out this section. shall maintain in the Environmental Protection garding alternatives for traditional medicine ‘‘(e) ENFORCEMENT.—The Secretary, the Sec- Agency a Chesapeake Bay Program Office. The products, the illegality of products containing, retary of the Treasury, and the Secretary of the Chesapeake Bay Program Office shall provide or labeled or advertised as containing, rhinoc- department in which the Coast Guard is operat- support to the Chesapeake Executive Council eros parts and tiger parts, and the need to con- ing shall enforce this section in the manner in by— serve rhinoceros and tiger species generally. which the Secretaries carry out enforcement ac- ‘‘(A) implementing and coordinating science, SEC. 403. PURPOSES OF THE RHINOCEROS AND tivities under section 11(e) of the Endangered research, modeling, support services, monitor- TIGER CONSERVATION ACT OF 1994. Species Act of 1973 (16 U.S.C. 1540(e)). ing, data collection, and other activities that Section 3 of the Rhinoceros and Tiger Con- ‘‘(f) USE OF PENALTY AMOUNTS.—Amounts re- support the Chesapeake Bay Program; servation Act of 1994 (16 U.S.C. 5302) is amended ceived as penalties, fines, or forfeiture of prop- ‘‘(B) developing and making available, by adding at the end the following: erty under this section shall be used in accord- through publications, technical assistance, and ‘‘(3) To prohibit the sale, importation, and ex- ance with section 6(d) of the Lacey Act Amend- other appropriate means, information pertaining portation of products intended for human con- ments of 1981 (16 U.S.C. 3375(d)).’’. to the environmental quality and living re- sumption or application containing, or labeled SEC. 406. EDUCATIONAL OUTREACH PROGRAM. sources of the Chesapeake Bay; or advertised as containing, any substance de- The Rhinoceros and Tiger Conservation Act of ‘‘(C) assisting the signatories to the Chesa- rived from any species of rhinoceros or tiger.’’. 1994 (16 U.S.C. 5301 et seq.) (as amended by sec- peake Bay Agreement, in cooperation with ap- SEC. 404. DEFINITION OF PERSON. tion 405) is amended by inserting after section 7 propriate Federal, State, and local authorities, Section 4 of the Rhinoceros and Tiger Con- the following: in developing and implementing specific action plans to carry out the responsibilities of the sig- servation Act of 1994 (16 U.S.C. 5303) is amend- ‘‘SEC. 8. EDUCATIONAL OUTREACH PROGRAM. ed— natories to the Chesapeake Bay Agreement; ‘‘(a) IN GENERAL.—Not later than 180 days ‘‘(D) coordinating the actions of the Environ- (1) in paragraph (4), by striking ‘‘and’’ at the after the date of enactment of this section, the end; mental Protection Agency with the actions of Secretary shall develop and implement an edu- the appropriate officials of other Federal agen- (2) in paragraph (5), by striking the period at cational outreach program in the United States the end and inserting ‘‘; and’’; and cies and State and local authorities in develop- for the conservation of rhinoceros and tiger spe- ing strategies to— (3) by adding at the end the following: cies. ‘‘(6) ‘person’ means— ‘‘(i) improve the water quality and living re- ‘‘(b) GUIDELINES.—The Secretary shall publish sources of the Chesapeake Bay; and ‘‘(A) an individual, corporation, partnership, in the Federal Register guidelines for the pro- trust, association, or other private entity; ‘‘(ii) obtain the support of the appropriate of- gram. ficials of the agencies and authorities in achiev- ‘‘(B) an officer, employee, agent, department, ‘‘(c) CONTENTS.—Under the program, the Sec- or instrumentality of— ing the objectives of the Chesapeake Bay Agree- retary shall publish and disseminate informa- ment; and ‘‘(i) the Federal Government; tion regarding— ‘‘(ii) any State, municipality, or political sub- ‘‘(E) implementing outreach programs for pub- ‘‘(1) laws protecting rhinoceros and tiger spe- lic information, education, and participation to division of a State; or cies, in particular laws prohibiting trade in ‘‘(iii) any foreign government; foster stewardship of the resources of the Chesa- products containing, or labeled or advertised as peake Bay. ‘‘(C) a State, municipality, or political sub- containing, their parts; division of a State; or ‘‘(c) INTERAGENCY AGREEMENTS.—The Admin- ‘‘(2) use of traditional medicines that contain istrator may enter into an interagency agree- ‘‘(D) any other entity subject to the jurisdic- parts or products of rhinoceros and tiger species, tion of the United States.’’. ment with a Federal agency to carry out this health risks associated with their use, and section. SEC. 405. PROHIBITION ON SALE, IMPORTATION, available alternatives to the medicines; and ‘‘(d) TECHNICAL ASSISTANCE AND ASSISTANCE OR EXPORTATION OF PRODUCTS LA- ‘‘(3) the status of rhinoceros and tiger species BELED OR ADVERTISED AS RHINOC- GRANTS.— EROS OR TIGER PRODUCTS. and the reasons for protecting the species.’’. ‘‘(1) IN GENERAL.—In consultation with other The Rhinoceros and Tiger Conservation Act of SEC. 407. AUTHORIZATION OF APPROPRIATIONS. members of the Chesapeake Executive Council, 1994 (16 U.S.C. 5301 et seq.) is amended— Section 9 of the Rhinoceros and Tiger Con- the Administrator may provide technical assist- (1) by redesignating section 7 as section 9; and servation Act of 1994 (16 U.S.C. 5306) (as redes- ance, and assistance grants, to nonprofit private (2) by inserting after section 6 the following: ignated by section 405(1)) is amended by striking organizations and individuals, State and local ‘‘SEC. 7. PROHIBITION ON SALE, IMPORTATION, ‘‘1996, 1997, 1998, 1999, and 2000’’ and inserting governments, colleges, universities, and inter- OR EXPORTATION OF PRODUCTS LA- ‘‘1996 through 2002’’. state agencies to carry out this section, subject BELED OR ADVERTISED AS RHINOC- TITLE V—CHESAPEAKE BAY INITIATIVES to such terms and conditions as the Adminis- EROS OR TIGER PRODUCTS. trator considers appropriate. SEC. 501. SHORT TITLE. ‘‘(a) PROHIBITION.—A person shall not sell, ‘‘(2) FEDERAL SHARE.— This title may be cited as the ‘‘Chesapeake import, or export, or attempt to sell, import, or ‘‘(A) IN GENERAL.—Except as provided in sub- Bay Initiatives Act of 1998’’. export, any product, item, or substance intended paragraph (B), the Federal share of an assist- for human consumption or application contain- SEC. 502. CHESAPEAKE BAY. ance grant provided under paragraph (1) shall ing, or labeled or advertised as containing, any Section 117 of the Federal Water Pollution be determined by the Administrator in accord- substance derived from any species of rhinoceros Control Act (33 U.S.C. 1267) is amended to read ance with Environmental Protection Agency or tiger. as follows: guidance. ‘‘(b) PENALTIES.— ‘‘SEC. 117. CHESAPEAKE BAY. ‘‘(B) SMALL WATERSHED GRANTS PROGRAM.— ‘‘(1) CRIMINAL PENALTY.—A person engaged in ‘‘(a) DEFINITIONS.—In this section: The Federal share of an assistance grant pro- business as an importer, exporter, or distributor ‘‘(1) CHESAPEAKE BAY AGREEMENT.—The term vided under paragraph (1) to carry out an im- that knowingly violates subsection (a) shall be ‘Chesapeake Bay Agreement’ means the formal, plementing activity under subsection (g)(2) shall fined under title 18, United States Code, impris- voluntary agreements, amendments, directives, not exceed 75 percent of eligible project costs, as oned not more than 6 months, or both. and adoption statements executed to achieve the determined by the Administrator. ‘‘(2) CIVIL PENALTIES.— goal of restoring and protecting the Chesapeake ‘‘(3) NON-FEDERAL SHARE.—An assistance ‘‘(A) IN GENERAL.—A person that knowingly Bay ecosystem and the living resources of the grant under paragraph (1) shall be provided on violates subsection (a), and a person engaged in ecosystem and signed by the Chesapeake Execu- the condition that non-Federal sources provide business as an importer, exporter, or distributor tive Council. the remainder of eligible project costs, as deter- that violates subsection (a), may be assessed a ‘‘(2) CHESAPEAKE BAY PROGRAM.—The term mined by the Administrator. civil penalty by the Secretary of not more than ‘Chesapeake Bay Program’ means the program ‘‘(4) ADMINISTRATIVE COSTS.—Administrative $12,000 for each violation. directed by the Chesapeake Executive Council in costs (including salaries, overhead, and indirect ‘‘(B) MANNER OF ASSESSMENT AND COLLEC- accordance with the Chesapeake Bay Agree- costs for services provided and charged against TION.—A civil penalty under this paragraph ment. projects supported by funds made available October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10873 under this subsection) incurred by a person de- ‘‘(B) the water quality requirements necessary other land resources within the Chesapeake Bay scribed in paragraph (1) in carrying out a to restore living resources in both the tributaries Watershed; and project under this subsection during a fiscal and the main stem of the Chesapeake Bay; (E) to create a network of Chesapeake Bay year shall not exceed 10 percent of the grant ‘‘(C) the Chesapeake Bay basinwide toxics re- Gateways sites and Chesapeake Bay made to the person under this subsection for the duction and prevention strategy goal of reduc- Watertrails. fiscal year. ing or eliminating the input of chemical con- (2) COMPONENTS.—Components of the Chesa- ‘‘(e) IMPLEMENTATION GRANTS.— taminants from all controllable sources to levels peake Bay Gateways and Watertrails Network ‘‘(1) IN GENERAL.—If a signatory jurisdiction that result in no toxic or bioaccumulative im- may include— has approved and committed to implement all or pact on the living resources that inhabit the (A) State or Federal parks or refuges; substantially all aspects of the Chesapeake Bay Bay or on human health; and (B) historic seaports; Agreement, on the request of the chief executive ‘‘(D) habitat restoration, protection, and en- (C) archaeological, cultural, historical, or rec- of the jurisdiction, the Administrator shall make hancement goals established by Chesapeake Bay reational sites; or (D) other public access and interpretive sites a grant to the jurisdiction for the purpose of im- Agreement signatories for wetlands, forest ripar- as selected by the Secretary. plementing the management mechanisms estab- ian zones, and other types of habitat associated (b) CHESAPEAKE BAY GATEWAYS GRANTS AS- lished under the Chesapeake Bay Agreement, with the Chesapeake Bay and the tributaries of SISTANCE PROGRAM.— subject to such terms and conditions as the Ad- the Chesapeake Bay. (1) IN GENERAL.—The Secretary, in coopera- ministrator considers appropriate. ‘‘(2) SMALL WATERSHED GRANTS PROGRAM.— tion with the Administrator, shall establish a ‘‘(2) PROPOSALS.—A signatory jurisdiction de- The Administrator, in consultation with other Chesapeake Bay Gateways Grants Assistance scribed in paragraph (1) may apply for a grant members of the Chesapeake Executive Council, Program to aid State and local governments, under this subsection for a fiscal year by sub- may offer the technical assistance and assist- local communities, nonprofit organizations, and mitting to the Administrator a comprehensive ance grants authorized under subsection (d) to the private sector in conserving, restoring, and proposal to implement management mechanisms local governments and nonprofit private organi- interpreting important historic, cultural, rec- established under the Chesapeake Bay Agree- zations and individuals in the Chesapeake Bay reational, and natural resources within the ment. The proposal shall include— watershed to implement— Chesapeake Bay Watershed. ‘‘(A) a description of proposed management ‘‘(A) cooperative tributary basin strategies (2) CRITERIA.—The Secretary, in cooperation mechanisms that the jurisdiction commits to that address the Chesapeake Bay’s water qual- with the Administrator, shall develop appro- take within a specified time period, such as re- ity and living resource needs; or priate eligibility, prioritization, and review cri- ducing or preventing pollution in the Chesa- ‘‘(B) locally based protection and restoration teria for grants under this section. peake Bay and to meet applicable water quality programs or projects within a watershed that (3) MATCHING FUNDS AND ADMINISTRATIVE EX- standards; and complement the tributary basin strategies. PENSES.—A grant under this section— ‘‘(B) the estimated cost of the actions pro- ‘‘(h) STUDY OF CHESAPEAKE BAY PROGRAM.— (A) shall not exceed 50 percent of eligible posed to be taken during the fiscal year. Not later than December 31, 2000, and every 3 project costs; ‘‘(3) APPROVAL.—If the Administrator finds years thereafter, the Administrator, in coopera- (B) shall be made on the condition that non- that the proposal is consistent with the Chesa- tion with other members of the Chesapeake Ex- Federal sources, including in-kind contributions peake Bay Agreement and the national goals es- ecutive Council, shall complete a study and sub- of services or materials, provide the remainder of tablished under section 101(a), the Adminis- mit a comprehensive report to Congress on the eligible project costs; and trator may approve the proposal for a fiscal results of the study. The study and report shall, (C) shall be made on the condition that not year. at a minimum— more than 10 percent of all eligible project costs ‘‘(4) FEDERAL SHARE.—The Federal share of ‘‘(1) assess the commitments and goals of the be used for administrative expenses. an implementation grant provided under this management strategies established under the (c) AUTHORIZATION OF APPROPRIATIONS.— subsection shall not exceed 50 percent of the Chesapeake Bay Agreement and the extent to There is authorized to be appropriated to carry costs of implementing the management mecha- which the commitments and goals are being met; out this section $3,000,000 for each of fiscal nisms during the fiscal year. ‘‘(2) assess the priority needs required by the years 1999 through 2003. ‘‘(5) NON-FEDERAL SHARE.—An implementa- management strategies and the extent to which SEC. 504. PFIESTERIA AND OTHER AQUATIC TOX- tion grant under this subsection shall be made the priority needs are being met; INS RESEARCH AND GRANT PRO- on the condition that non-Federal sources pro- ‘‘(3) assess the effects of air pollution deposi- GRAM. vide the remainder of the costs of implementing tion on water quality of the Chesapeake Bay; (a) IN GENERAL.—The Administrator of the the management mechanisms during the fiscal ‘‘(4) assess the state of the Chesapeake Bay Environmental Protection Agency, the Secretary year. and its tributaries and related actions of the of Commerce (acting through the Director of the ‘‘(6) ADMINISTRATIVE COSTS.—Administrative Chesapeake Bay Program; National Marine Fisheries Service of the Na- costs (including salaries, overhead, and indirect ‘‘(5) make recommendations for the improved tional Oceanic and Atmospheric Administra- costs for services provided and charged against management of the Chesapeake Bay Program; tion), the Secretary of Health and Human Serv- projects supported by funds made available and ices (acting through the Director of the National under this subsection) incurred by a signatory ‘‘(6) provide the report in a format transfer- Institute of Environmental Health Sciences and jurisdiction in carrying out a project under this able to and usable by other watershed restora- the Director of the Centers for Disease Control subsection during a fiscal year shall not exceed tion programs. and Prevention), and the Secretary of Agri- 10 percent of the grant made to the jurisdiction ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— culture shall— under this subsection for the fiscal year. There is authorized to be appropriated to carry (1) establish a research program for the eradi- ‘‘(f) COMPLIANCE OF FEDERAL FACILITIES.— out this section $30,000,000 for each of fiscal cation or control of Pfiesteria piscicida and ‘‘(1) SUBWATERSHED PLANNING AND RESTORA- years 1999 through 2003.’’. other aquatic toxins; and TION.—A Federal agency that owns or operates SEC. 503. CHESAPEAKE BAY GATEWAYS AND (2) make grants to colleges, universities, and a facility (as defined by the Administrator) WATERTRAILS. other entities in affected States for the eradi- within the Chesapeake Bay watershed shall (a) CHESAPEAKE BAY GATEWAYS AND cation or control of Pfiesteria piscicida and participate in regional and subwatershed plan- WATERTRAILS NETWORK.— other aquatic toxins. ning and restoration programs. (1) IN GENERAL.—The Secretary of the Interior (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) COMPLIANCE WITH AGREEMENT.—The (referred to in this section as the ‘‘Secretary’’), There is authorized to be appropriated to carry head of each Federal agency that owns or occu- in cooperation with the Administrator of the out this section $5,000,000 for each of fiscal pies real property in the Chesapeake Bay water- Environmental Protection Agency (referred to in years 1999 and 2000. shed shall ensure that the property, and actions this section as the ‘‘Administrator’’), shall pro- House amendments to Senate amend- taken by the agency with respect to the prop- vide technical and financial assistance, in co- ment: erty, comply with the Chesapeake Bay Agree- operation with other Federal agencies, State (1) Amend the title so as to read: ‘‘An Act ment. and local governments, nonprofit organizations, to clarify restrictions under the Migratory ‘‘(g) CHESAPEAKE BAY WATERSHED, TRIBU- and the private sector— Bird Treaty Act on baiting and to facilitate TARY, AND RIVER BASIN PROGRAM.— (A) to identify, conserve, restore, and inter- acquisition of migratory bird habitat, and ‘‘(1) NUTRIENT AND WATER QUALITY MANAGE- pret natural, recreational, historical, and cul- for other purposes.’’. MENT STRATEGIES.—Not later than 1 year after tural resources within the Chesapeake Bay Wa- the date of enactment of this subsection, the Ad- tershed; (2) In lieu of the matter proposed to be in- ministrator, in consultation with other members (B) to identify and utilize the collective re- serted by the amendment of the Senate, in- of the Chesapeake Executive Council, shall en- sources as Chesapeake Bay Gateways sites for sert the following: sure that management plans are developed and enhancing public education of and access to the TITLE I—MIGRATORY BIRD TREATY implementation is begun by signatories to the Chesapeake Bay; REFORM Chesapeake Bay Agreement for the tributaries (C) to link the Chesapeake Bay Gateways SEC. 101. SHORT TITLE. of the Chesapeake Bay to achieve and main- sites with trails, tour roads, scenic byways, and This title may be cited as the ‘‘Migratory tain— other connections as determined by the Sec- Bird Treaty Reform Act of 1998’’. ‘‘(A) the nutrient goals of the Chesapeake retary; SEC. 102. ELIMINATING STRICT LIABILITY FOR Bay Agreement for the quantity of nitrogen and (D) to develop and establish Chesapeake Bay BAITING. phosphorus entering the main stem Chesapeake Watertrails comprising water routes and connec- Section 3 of the Migratory Bird Treaty Act Bay; tions to Chesapeake Bay Gateways sites and (16 U.S.C. 704) is amended— H10874 CONGRESSIONAL RECORD — HOUSE October 14, 1998

(1) by inserting ‘‘(a)’’ after ‘‘SEC. 3.’’; and SEC. 204. LAKE ELSIE NATIONAL WILDLIFE REF- shall publish in the Federal Register, after (2) by adding at the end the following: UGE. notice and opportunity for public comment, ‘‘(b) It shall be unlawful for any person (a) IN GENERAL.—In accordance with sec- a policy for making appointments under sec- to— tion 4(a)(5) of the National Wildlife Refuge tion 4(a)(1)(D) of the North American Wet- ‘‘(1) take any migratory game bird by the System Administration Act of 1966 (16 U.S.C. lands Conservation Act (16 U.S.C. aid of baiting, or on or over any baited area, 668dd(a)(5)), the jurisdiction of the United 4403(a)(1)(D)). if the person knows or reasonably should States Fish and Wildlife Service over ap- TITLE IV—RHINOCEROS AND TIGER know that the area is a baited area; or proximately 634.7 acres of land and water in CONSERVATION Richland County, North Dakota, known as ‘‘(2) place or direct the placement of bait SEC. 401. SHORT TITLE. on or adjacent to an area for the purpose of the ‘‘Lake Elsie National Wildlife Refuge’’, This title may be cited as the ‘‘Rhinoceros causing, inducing, or allowing any person to as established by Executive Order No. 8152, and Tiger Conservation Act of 1998’’. issued June 12, 1939, is terminated. take or attempt to take any migratory game SEC. 402. FINDINGS. (b) EXECUTIVE ORDER.—Executive Order bird by the aid of baiting on or over the bait- Congress finds that— No. 8152, issued June 12, 1939, is revoked. ed area.’’. (1) the populations of all but 1 species of SEC. 103. CRIMINAL PENALTIES. SEC. 205. KLAMATH FOREST NATIONAL WILDLIFE rhinoceros, and the tiger, have significantly REFUGE. Section 6 of the Migratory Bird Treaty Act declined in recent years and continue to de- Section 28 of the Act of August 13, 1954 (25 (16 U.S.C. 707) is amended— cline; U.S.C. 564w–1), is amended in subsections (f) (1) in subsection (a), by striking ‘‘$500’’ and (2) these species of rhinoceros and tiger are and (g) by striking ‘‘Klamath Forest Na- inserting ‘‘$15,000’’; listed as endangered species under the En- tional Wildlife Refuge’’ each place it appears (2) by redesignating subsection (c) as sub- dangered Species Act of 1973 (16 U.S.C. 1531 et and inserting ‘‘Klamath Marsh National section (d); and seq.) and listed on Appendix I of the Conven- Wildlife Refuge’’. (3) by inserting after subsection (b) the fol- tion on International Trade in Endangered lowing: SEC. 206. VIOLATION OF NATIONAL WILDLIFE Species of Wild Fauna and Flora, signed on REFUGE SYSTEM ADMINISTRATION ‘‘(c) Whoever violates section 3(b)(2) shall ACT. March 3, 1973 (27 UST 1087; TIAS 8249) (re- be fined under title 18, United States Code, Section 4 of the National Wildlife Refuge ferred to in this title as ‘‘CITES’’); imprisoned not more than 1 year, or both.’’. System Administration Act of 1966 (16 U.S.C. (3) the Parties to CITES have adopted sev- SEC. 104. REPORT. 668dd) is amended— eral resolutions— Not later than 5 years after the date of en- (1) in the first sentence of subsection (c), (A) relating to the conservation of tigers (Conf. 9.13 (Rev.)) and rhinoceroses (Conf. actment of this Act, the Secretary of the In- by striking ‘‘knowingly’’; and 9.14), urging Parties to CITES to implement terior shall submit to the Committee on En- (2) in subsection (f)— legislation to reduce illegal trade in parts vironment and Public Works of the Senate (A) by striking ‘‘(f) Any’’ and inserting the and products of the species; and and the Committee on Resources of the following: (B) relating to trade in readily recogniz- House of Representatives a report analyzing ‘‘(f) PENALTIES.— able parts and products of the species (Conf. the effect of the amendments made by sec- ‘‘(1) KNOWING VIOLATIONS.—Any’’; tion 2, and the general practice of baiting, on (B) by inserting ‘‘knowingly’’ after ‘‘who’’; 9.6), and trade in traditional medicines (Conf. 10.19), recommending that Parties ensure migratory bird conservation and law enforce- and that their legislation controls trade in those ment efforts under the Migratory Bird Trea- (C) by adding at the end the following: parts and derivatives, and in medicines pur- ty Act (16 U.S.C. 701 et seq.). ‘‘(2) OTHER VIOLATIONS.—Any person who porting to contain them; otherwise violates or fails to comply with TITLE II—NATIONAL WILDLIFE REFUGE (4) a primary cause of the decline in the any of the provisions of this Act (including a SYSTEM IMPROVEMENT populations of tiger and most rhinoceros spe- regulation issued under this Act) shall be SEC. 201. SHORT TITLE. cies is the poaching of the species for use of fined under title 18, United States Code, or their parts and products in traditional medi- This title may be cited as the ‘‘National imprisoned not more than 180 days, or cines; Wildlife Refuge System Improvement Act of both.’’. 1998’’. (5) there are insufficient legal mechanisms TITLE III—WETLANDS AND WILDLIFE SEC. 202. UPPER MISSISSIPPI RIVER NATIONAL enabling the United States Fish and Wildlife WILDLIFE AND FISH REFUGE. ENHANCEMENT Service to interdict products that are la- (a) IN GENERAL.—In accordance with sec- SEC. 301. SHORT TITLE. beled or advertised as containing substances tion 4(a)(5) of the National Wildlife Refuge This title may be cited as the ‘‘Wetlands derived from rhinoceros or tiger species and System Administration Act of 1966 (16 U.S.C. and Wildlife Enhancement Act of 1998’’. prosecute the merchandisers for sale or dis- 668dd(a)(5)), there are transferred to the SEC. 302. REAUTHORIZATION OF NORTH AMER- play of those products; and Corps of Engineers, without reimbursement, ICAN WETLANDS CONSERVATION (6) legislation is required to ensure that— ACT. approximately 37.36 acres of land of the (A) products containing, or labeled or ad- Section 7(c) of the North American Wet- Upper Mississippi River Wildlife and Fish vertised as containing, rhinoceros parts or lands Conservation Act (16 U.S.C. 4406(c)) is Refuge in the State of Minnesota, as des- tiger parts are prohibited from importation amended by striking ‘‘not to exceed’’ and all ignated on the map entitled ‘‘Upper Mis- into, or exportation from, the United States; that follows and inserting ‘‘not to exceed sissippi National Wildlife and Fish Refuge and $30,000,000 for each of fiscal years 1999 lands transferred to Corps of Engineers’’, (B) efforts are made to educate persons re- through 2003.’’. dated January 1998, and available, with ac- garding alternatives for traditional medicine companying legal descriptions of the land, SEC. 303. REAUTHORIZATION OF PARTNERSHIPS products, the illegality of products contain- FOR WILDLIFE ACT. for inspection in appropriate offices of the ing, or labeled or advertised as containing, Section 7105(h) of the Partnerships for rhinoceros parts and tiger parts, and the United States Fish and Wildlife Service. Wildlife Act (16 U.S.C. 3744(h)) is amended by need to conserve rhinoceros and tiger species (b) CONFORMING AMENDMENTS.—The first striking ‘‘for each of fiscal years’’ and all generally. section and section 2 of the Upper Mississippi that follows and inserting ‘‘not to exceed River Wild Life and Fish Refuge Act (16 SEC. 403. PURPOSES OF THE RHINOCEROS AND $6,250,000 for each of fiscal years 1999 through TIGER CONSERVATION ACT OF 1994. U.S.C. 721, 722) are amended by striking 2003.’’. Section 3 of the Rhinoceros and Tiger Con- ‘‘Upper Mississippi River Wild Life and Fish servation Act of 1994 (16 U.S.C. 5302) is Refuge’’ each place it appears and inserting SEC. 304. MEMBERSHIP OF THE NORTH AMER- ICAN WETLANDS CONSERVATION amended by adding at the end the following: ‘‘Upper Mississippi River National Wildlife COUNCIL. ‘‘(3) To prohibit the sale, importation, and and Fish Refuge’’. (a) IN GENERAL.—Notwithstanding section exportation of products intended for human SEC. 203. KILLCOHOOK COORDINATION AREA. 4(a)(1)(D) of the North American Wetlands consumption or application containing, or (a) IN GENERAL.—In accordance with sec- Conservation Act (16 U.S.C. 4403(a)(1)(D)), labeled or advertised as containing, any sub- tion 4(a)(5) of the National Wildlife Refuge during the period of 1999 through 2002, the stance derived from any species of rhinoc- System Administration Act of 1966 (16 U.S.C. membership of the North American Wetlands eros or tiger.’’. 668dd(a)(5)), the jurisdiction of the United Conservation Council under section 4(a)(1)(D) SEC. 404. DEFINITION OF PERSON. States Fish and Wildlife Service over ap- of that Act shall consist of— Section 4 of the Rhinoceros and Tiger Con- proximately 1,439.26 acres of land in the (1) 1 individual who shall be the Group servation Act of 1994 (16 U.S.C. 5303) is States of New Jersey and Delaware, known Manager for Conservation Programs of amended— as the ‘‘Killcohook Coordination Area’’, as Ducks Unlimited, Inc. and who shall serve (1) in paragraph (4), by striking ‘‘and’’ at established by Executive Order No. 6582, for 1 term of 3 years beginning in 1999; and the end; issued February 3, 1934, and Executive Order (2) 2 individuals who shall be appointed by (2) in paragraph (5), by striking the period No. 8648, issued January 23, 1941, is termi- the Secretary of the Interior in accordance at the end and inserting ‘‘; and’’; and nated. with section 4 of that Act and who shall each (3) by adding at the end the following: (b) EXECUTIVE ORDERS.—Executive Order represent a different organization described ‘‘(6) ‘person’ means— No. 6582, issued February 3, 1934, and Execu- in section 4(a)(1)(D) of that Act. ‘‘(A) an individual, corporation, partner- tive Order No. 8648, issued January 23, 1941, (b) PUBLICATION OF POLICY.—Not later than ship, trust, association, or other private en- are revoked. June 30, 1999, the Secretary of the Interior tity; October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10875

‘‘(B) an officer, employee, agent, depart- the Secretary shall develop and implement (2) CRITERIA.—The Secretary, in coopera- ment, or instrumentality of— an educational outreach program in the tion with the Administrator, shall develop ‘‘(i) the Federal Government; United States for the conservation of rhinoc- appropriate eligibility, prioritization, and ‘‘(ii) any State, municipality, or political eros and tiger species. review criteria for grants under this section. subdivision of a State; or ‘‘(b) GUIDELINES.—The Secretary shall pub- (3) MATCHING FUNDS AND ADMINISTRATIVE ‘‘(iii) any foreign government; lish in the Federal Register guidelines for EXPENSES.—A grant under this section— ‘‘(C) a State, municipality, or political the program. (A) shall not exceed 50 percent of eligible subdivision of a State; or ‘‘(c) CONTENTS.—Under the program, the project costs; ‘‘(D) any other entity subject to the juris- Secretary shall publish and disseminate in- (B) shall be made on the condition that diction of the United States.’’. formation regarding— non-Federal sources, including in-kind con- SEC. 405. PROHIBITION ON SALE, IMPORTATION, ‘‘(1) laws protecting rhinoceros and tiger tributions of services or materials, provide OR EXPORTATION OF PRODUCTS LA- species, in particular laws prohibiting trade the remainder of eligible project costs; and BELED OR ADVERTISED AS RHINOC- in products containing, or labeled or adver- (C) shall be made on the condition that not EROS OR TIGER PRODUCTS. tised as containing, their parts; more than 10 percent of all eligible project The Rhinoceros and Tiger Conservation ‘‘(2) use of traditional medicines that con- costs be used for administrative expenses. Act of 1994 (16 U.S.C. 5301 et seq.) is amend- tain parts or products of rhinoceros and tiger (c) AUTHORIZATION OF APPROPRIATIONS.— ed— species, health risks associated with their There is authorized to be appropriated to (1) by redesignating section 7 as section 9; use, and available alternatives to the medi- carry out this section $3,000,000 for each of and cines; and fiscal years 1999 through 2003. (2) by inserting after section 6 the follow- ‘‘(3) the status of rhinoceros and tiger spe- ing: cies and the reasons for protecting the spe- Mr. YOUNG of Alaska (during the ‘‘SEC. 7. PROHIBITION ON SALE, IMPORTATION, cies.’’. reading). Mr. Speaker, I ask unanimous OR EXPORTATION OF PRODUCTS LA- SEC. 407. AUTHORIZATION OF APPROPRIATIONS. consent that the Senate amendment BELED OR ADVERTISED AS RHINOC- Section 9 of the Rhinoceros and Tiger Con- EROS OR TIGER PRODUCTS. and the House amendments to the Sen- servation Act of 1994 (16 U.S.C. 5306) (as re- ‘‘(a) PROHIBITION.—A person shall not sell, ate amendment be considered as read designated by section 405(1)) is amended by import, or export, or attempt to sell, import, and printed in the RECORD. striking ‘‘1996, 1997, 1998, 1999, and 2000’’ and or export, any product, item, or substance inserting ‘‘1996 through 2002’’. The SPEAKER pro tempore (Mr. GIB- intended for human consumption or applica- BONS). Is there objection to the request tion containing, or labeled or advertised as TITLE V—CHESAPEAKE BAY INITIATIVE containing, any substance derived from any SEC. 501. SHORT TITLE. of the gentleman from Alaska? species of rhinoceros or tiger. This title may be cited as the ‘‘Chesapeake There was no objection. ‘‘(b) PENALTIES.— Bay Initiative Act of 1998’’. The SPEAKER pro tempore. Is there ‘‘(1) CRIMINAL PENALTY.—A person engaged SEC. 502. CHESAPEAKE BAY GATEWAYS AND objection to the initial request of the in business as an importer, exporter, or dis- WATERTRAILS. gentleman from Alaska? tributor that knowingly violates subsection (a) CHESAPEAKE BAY GATEWAYS AND (a) shall be fined under title 18, United WATERTRAILS NETWORK.— There was no objection. States Code, imprisoned not more than 6 (1) IN GENERAL.—The Secretary of the Inte- A motion to reconsider was laid on months, or both. rior (referred to in this section as the ‘‘Sec- the table. ‘‘(2) CIVIL PENALTIES.— retary’’), in cooperation with the Adminis- ‘‘(A) IN GENERAL.—A person that know- trator of the Environmental Protection f ingly violates subsection (a), and a person Agency (referred to in this section as the engaged in business as an importer, exporter, ‘‘Administrator’’), shall provide technical or distributor that violates subsection (a), and financial assistance, in cooperation with HAWAII VOLCANOES NATIONAL may be assessed a civil penalty by the Sec- other Federal agencies, State and local gov- PARK ADJUSTMENT ACT OF 1998 retary of not more than $12,000 for each vio- ernments, nonprofit organizations, and the lation. private sector— Mr. YOUNG of Alaska. Mr. Speaker, I ‘‘(B) MANNER OF ASSESSMENT AND COLLEC- (A) to identify, conserve, restore, and in- ask unanimous consent to take from TION.—A civil penalty under this paragraph terpret natural, recreational, historical, and the Speaker’s table the Senate bill (S. shall be assessed, and may be collected, in cultural resources within the Chesapeake 2129) to eliminate restrictions on the the manner in which a civil penalty under Bay Watershed; the Endangered Species Act of 1973 may be (B) to identify and utilize the collective re- acquisition of certain land contiguous assessed and collected under section 11(a) of sources as Chesapeake Bay Gateways sites to Hawaii Volcanoes National Park, that Act (16 U.S.C. 1540(a)). for enhancing public education of and access and ask for its immediate consider- ‘‘(c) PRODUCTS, ITEMS, AND SUBSTANCES.— to the Chesapeake Bay; ation in the House. Any product, item, or substance sold, im- (C) to link the Chesapeake Bay Gateways The Clerk read the title of the Senate ported, or exported, or attempted to be sold, sites with trails, tour roads, scenic byways, bill. imported, or exported, in violation of this and other connections as determined by the section or any regulation issued under this Secretary; The SPEAKER pro tempore. Is there section shall be subject to seizure and for- (D) to develop and establish Chesapeake objection to the request of the gen- feiture to the United States. Bay Watertrails comprising water routes and tleman from Alaska? ‘‘(d) REGULATIONS.—After consultation connections to Chesapeake Bay Gateways There was no objection. with the Secretary of the Treasury, the Sec- sites and other land resources within the retary of Health and Human Services, and Chesapeake Bay Watershed; and The Clerk read the Senate bill, as fol- the United States Trade Representative, the (E) to create a network of Chesapeake Bay lows: Secretary shall issue such regulations as are Gateways sites and Chesapeake Bay S. 2129 appropriate to carry out this section. Watertrails. ‘‘(e) ENFORCEMENT.—The Secretary, the (2) COMPONENTS.—Components of the Be it enacted by the Senate and House of Rep- Secretary of the Treasury, and the Secretary Chesapeake Bay Gateways and Watertrails resentatives of the United States of America in of the department in which the Coast Guard Network may include— Congress assembled, is operating shall enforce this section in the (A) State or Federal parks or refuges; SECTION 1. SHORT TITLE. manner in which the Secretaries carry out (B) historic seaports; This Act may be cited as the ‘‘Hawaii Vol- enforcement activities under section 11(e) of (C) archaeological, cultural, historical, or canoes National Park Adjustment Act of the Endangered Species Act of 1973 (16 U.S.C. recreational sites; or 1998’’. 1540(e)). (D) other public access and interpretive ‘‘(f) USE OF PENALTY AMOUNTS.—Amounts sites as selected by the Secretary. SEC. 2. HAWAII VOLCANOES NATIONAL PARK. received as penalties, fines, or forfeiture of (b) CHESAPEAKE BAY GATEWAYS GRANTS AS- The first section of the Act of June 20, 1938 property under this section shall be used in SISTANCE PROGRAM.— (52 Stat. 781, chapter 530; 16 U.S.C. 391b), is accordance with section 6(d) of the Lacey (1) IN GENERAL.—The Secretary, in coopera- amended by inserting before the period at Act Amendments of 1981 (16 U.S.C. 3375(d)).’’. tion with the Administrator, shall establish the end the following: ‘‘, except for the land SEC. 406. EDUCATIONAL OUTREACH PROGRAM. a Chesapeake Bay Gateways Grants Assist- depicted on the map entitled ‘NPS–PAC The Rhinoceros and Tiger Conservation ance Program to aid State and local govern- 1997HW’, which may be purchased with do- Act of 1994 (16 U.S.C. 5301 et seq.) (as amend- ments, local communities, nonprofit organi- nated or appropriated funds.’’. ed by section 405) is amended by inserting zations, and the private sector in conserving, after section 7 the following: restoring, and interpreting important his- The Senate bill was ordered to be ‘‘SEC. 8. EDUCATIONAL OUTREACH PROGRAM. toric, cultural, recreational, and natural re- read a third time, was read the third ‘‘(a) IN GENERAL.—Not later than 180 days sources within the Chesapeake Bay Water- time, and passed, and motion to recon- after the date of enactment of this section, shed. sider was laid on the table. H10876 CONGRESSIONAL RECORD — HOUSE October 14, 1998 b 1500 and talk to their teachers and see if talk about balancing the budget. When APPOINTMENT AS MEMBERS TO any of the teachers are making an av- we talk about balancing the budget, it PRESIDENTIAL ADVISORY COM- erage of $52,000 in the school districts affects students and student loans, just MISSION ON HOLOCAUST ASSETS in their congressional district. My wife as it affects people who have credit worked in public schools for 4 years. At IN THE UNITED STATES cards, car loans, home mortgages. that time she made significantly less Another thing that we have been The SPEAKER pro tempore (Mr. GIB- than $52,000 a year. But that is what doing is developing a program to help BONS). Without objection and pursuant the average amount of salary is at the get teachers into education. It is a loan to the provisions of section 2(b)(2) of Department of Education. What we forgiveness program for new teachers. Public Law 105–186, the Chair an- have been trying to do this year is Many people want to serve their local nounces the Speaker’s appointment of limit that amount of money that is communities, serve their States, serve the following Members of the House to wasted here in Washington, D.C. on their country by dedicating themselves the Presidential Advisory Commission education and ship those dollars out to to teaching. I have to tell you, outside on Holocaust Assets in the United the local school districts so that it can of the Department of Education, their States: be spent, and our Dollars to the Class- salary is not very good. This program Mr. GILMAN of New York. room program would have required will help teachers get into education. Mr. FOX of Pennsylvania. that 95 percent of the money gets into I just wanted the fellow Members to There was no objection. the classroom. The significance of that know that we have been working very f is that we could increase the amount of hard on education for the last 2 years Federal money that is actually spent and we are glad that the President is SPECIAL ORDERS in the classroom where the rubber finally focused on it. The SPEAKER pro tempore. Under meets the road. That is the important f the Speaker’s announced policy of Jan- thing, is that we see that our children uary 7, 1997, and under a previous order get educated. Instead, we see a lot of it ON SCHOOL CONSTRUCTION of the House, the following Members being spent right here within the Dis- The SPEAKER pro tempore. Under a will be recognized for 5 minutes each. trict of Columbia not escaping to the previous order of the House, the gentle- f local school districts. We have been woman from California (Mrs. CAPPS) is working on sending dollars to the recognized for 5 minutes. CONGRESSIONAL classroom to make sure that it is spent Mrs. CAPPS. Mr. Speaker, I firmly ACCOMPLISHMENTS IN EDUCATION where the teachers can use that money believe that it is our responsibility as a The SPEAKER pro tempore. Under a to get the materials they need, get the society to ensure that our schools are previous order of the House, the gen- books they need, make sure that the not failing our children. We can frame tleman from Kansas (Mr. TIAHRT) is right amount of money is spent in the this in a positive way. In the United recognized for 5 minutes. classroom. States of America, we have no greater Mr. TIAHRT. Mr. Speaker, I want to Another area that we have been try- calling as a democracy than to ensure take a little time this afternoon to ing to focus on is special education. that our children, the next generation, talk about some of the 25 accomplish- Title I money, special education money our greatest investment, receive the ments that this Congress has made in has been a requirement from the Fed- very best start in life in education that the area of education. We have heard a eral Government, yet it has never yet we can make available to them. lot about education over the last week been fully funded. That has had to have Through our public school system in or so. The President has been a little been made up by the local school dis- this country, we ensure that democ- distracted. He has not had a chance to tricts. They have raised local taxes in racy is passed from one generation to focus on education until the last couple order to pay for these programs. Rath- the next. This is no small task that we of weeks. He has had over 100 fund-rais- er than having the mandate come from entrust to our public schools. Through ers and two Cabinet meetings, so I the Federal Government, it ought to be our public school system throughout guess in the time that he has spent be- paid for by the Federal Government, the country in every hamlet, commu- tween fund-raisers, being overseas and and the Republican Congress has spent nity, rural school, inner city school, the 22 days he spent on vacation that time this Congress focusing on getting each student who enrolls is given an he has not had time to sit down and more money for special education, opportunity to succeed, to make some- talk about education until this last which is a big problem in almost every thing of themselves. It is our way of week. In the meantime, Congress has school district in south central Kansas the American dream. I also believe just been working very hard on the issues of where my district is. That is another as strongly that as this session of Con- education and we do have 25 accom- area where we have been focusing on gress comes to an end, we must agree plishments. Some of the things that I education. on bipartisan legislation that will think are most important for the ac- We have also been trying to make truly improve the quality of education complishments that we have had in college more affordable. We have had for our children. This is a job that we education is getting dollars into the the lowest student loan rates in 17 have here in Congress that will be en- classroom. One of the problems that we years. We have had the highest ever acted by another quality of our public have in our local school districts is Pell grant awards. Because we have the school life that I think is central to its that it is difficult to get the dollars di- Balanced Budget Act, this was very success, and that is local control. In rected into the classroom. For exam- clear that has come straight from Alan each school district around this coun- ple, in Kansas, about 7 percent of all Greenspan, the chairman of the Fed- try, citizens elect members of a school dollars are dollars that come from the eral Reserve Board, he said that if we board to set the policy for that school Federal Government. Out of that 7 per- would balance the Federal budget, in- district. That is the way it should con- cent, it could be expanded to over 14 terest rates would be lower. In fact we tinue and that is how our support for percent, but much of that money is have balanced the Federal budget, we education must filter through. As a wasted right here in Washington, D.C., have a surplus this year, interest rates school nurse in the Santa Barbara where we have a large education bu- are lower. That directly affects student School District in my community for reaucracy that does not educate any loans. My wife and I could not have over 20 years, I have seen firsthand the children. The Department of Education gotten through college without student damage that deteriorating schools can is only a few blocks from the Capitol, loans. We both had student loans. For do to our children. Students cannot itself. They have quite a few people 10 years we faithfully paid back those thrive academically if they are learn- that work there that do nothing more student loans. But it would have been ing in overcrowded and crumbling than demand additional paperwork nice to have a lower interest rate. It buildings. I can imagine how hard it from the local school districts. The av- would have saved us hundreds, poten- would be for us in Congress to work if erage salary at the Department of Edu- tially thousands of dollars when you we had to dodge falling plaster, to cation is $52,000 per year. Now, I would add that together. It is not just a fact work in our hallways, to contend with invite any of the Members to go back or an accounting principle when we leaky roofs. Yet this is just what is October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10877 happening now, even today, in many of ing budget deficits to an eventual sur- rights so people can have a right of ap- our schools throughout this country. plus this year. peal when they are denied tests they When I was elected to Congress ear- Joan is not just a friend and col- need to restore their health, and when lier this year, I conducted a survey of league in our office but throughout the their doctors order tests to restore the schools in my district on the cen- buildings of the Capitol. She talks to their health and is denied by the insur- tral coast of California. The results her loading dock buddies about possible ance industry. They will not touch that were distressing. The average high dates of adjournment and counts many with a 10-foot pole because of the tens school class now holds 30 students per of the Capitol Police force as dear of millions of dollars flowing in from class. Over half of the schools conduct friends. that industry to help their reelections. classes in rooms not meant to be class- When the tragic shooting of officers Teen tobacco prevention? That has rooms. And over 80 percent of the John Gibson and J.J. Chestnut at the dropped off the charts, too, because the schools use temporary or portable Capitol occurred earlier this year, Joan tobacco industry is providing one heck classrooms. I have personally visited offered her advice, guidance and sym- of a lot of money for their reelections. and spent much time in classes being pathies to the many friends she has on Social Security? The only time they held in hallways, in teachers lounges, the force who were deeply shaken by addressed Social Security was to at- in utility rooms and even in janitors the death of these two American he- tack the trust fund to attempt to give closets. roes. I know they appreciated her sup- it away by calling it a surplus and Mr. Speaker, let me highlight the port as we appreciate her years of dedi- spend it as tax cuts. Santa Maria Bonita School District, cation. Now, held in D.C. against their will, which is in desperate need of funds for Joan, our office sage, after years of they have discovered something. The school construction. This district was dedicated service is retiring this De- people of America would like to see an built to House 6,700 students but the cember and so many in our Capitol investment in the public education, in current enrollment is 10,500 students. community will miss her. the investment of their kids, in the To accommodate growth, 12 of the dis- She always approached her job with a education of their kids. trict’s 14 schools have converted to a calm and consistent demeanor, stead- Let me say the Speaker earlier, the four-track, year-round schedule and 175 fastly getting the work done in an President has just come recently to portable buildings have been added. To often hectic environment. Her perspec- this; he just discovered education. The add more would mean taking away all tive and wisdom about this House has President proposed back in January the playgrounds that now exist. The soothed the jagged nerves of a genera- smaller class size, 100,000 new teachers children, teachers and parents of this tion of young staffers. and a major reconstruction program community are stretched to the limit. We will remember her for her sweet- for the one-third of our schools that They are calling out for some help ness of manner and her quiet deter- are falling apart and the other one- from Congress so that they can build mination, and a wonderful love and de- third that are obsolescent. They are better facilities. I believe that we must votion to her two cats. We know our of- the ones who did not discover it until answer that call. fice will never be able to properly re- this week, until they had to discover If our students are to have any place her. it. There has not been a single hearing held by the Republican led Congress on chance of competing in tomorrow’s f economy, we must not shortchange the issue of 100,000 new teachers, small- them today. Even a small investment b 1515 er class size or the crumbling state of our schools and federal assistance for in school construction, bonds, in the MAJOR WORK REMAINS UNDONE ability of school districts to borrow them. They had ample time. We took money without having to pay interest, The SPEAKER pro tempore. Under a three votes, three votes in this Cham- a small investment like this in our previous order of the House, the gen- ber on school vouchers, taking our tax body this week will pay enormous divi- tleman from Oregon (Mr. DEFAZIO) is dollars and transferring them to pri- dends for our Nation in years to come. recognized for 5 minutes. vate religious institutions. That is Mr. Speaker, I implore us to put poli- Mr. DEFAZIO. Mr. Speaker, what a their agenda: do not help the public tics aside and think of our children. difference a week makes. Last week schools, help the private schools, help Let us stop these partisan fights and the Republican leadership was cruising the religious schools despite what the put our resources into the most impor- toward an early adjournment after the Constitution might say. tant challenge of all, the education of Congress had worked only 107 days de- They have spent a lot of time trying our children. spite the fact the Congress’ work was to eliminate the Department of Edu- f not yet done. They had hoped to roll it cation that administers the Head Start all into one giant bill that none of us program and the student loan pro- HONORING JOAN ZIMMERMAN FOR would have been allowed to read or un- grams. They have attempted to cut, A QUARTER CENTURY OF PUB- derstand under a special rule, and vote and we blocked, school lunches for LIC SERVICE on it, and leave town, and go home and small children. They have enacted or The SPEAKER pro tempore. Under a spend their special interest money to tried to enact tax cuts for wealthy tax- previous order of the House, the gen- get reelected. payers to send their kids to private tleman from Connecticut (Mr. SHAYS) Well, things have changed. Here we schools, again abandoning the public is recognized for 5 minutes. are, Day 111. Pretty heavy lifting for system, eliminating the summer jobs Mr. SHAYS. Mr. Speaker, I rise this Republican led Congress. We have program for kids, eliminating the today to recognize the career of a val- now worked 111 days in Congress with school to work opportunities for high ued employee, Joan Zimmerman. our $137,000 salary. Of course the aver- school students, eliminating the in- I feel fortunate to have had Joan on age American working for $40,000 or so school interest subsidy for student my staff since I was first elected to has worked 202 days so far this year, loans, and I heard someone over here Congress back in 1987. But her time on and they have had to finish their job wax eloquent about what they have the Hill did not start with me. She day in, day out, every day of the year done to lower the interest rate on worked for my predecessor, the Honor- before they go home to their families. loans. Yes, a tiny, tiny, tiny bit, but able Stewart B. McKinney, as well as But this Congress has not. you were really drug kicking and Stan Parris from Virginia and Robin But there is a change of heart in the screaming to that, too, because the Beard from Tennessee. Republican leadership. Maybe? No, not banks did not want to give up anything Joan has worked for the United really. They have not decided to ad- on these loans where they never lose a States Congress for a quarter century. dress the major work left undone, not penny that are guaranteed by the Fed- She is a witness to many major at all. They are held here against their eral Government. They cannot even be changes in this institution and has will. discharged in bankruptcy. They still seen many things: from Watergate to They still refuse to address health want outrageous rates of interest. So the Iran hostage crisis, to the end of maintenance organization insurance finally the Republicans paid them off. the Cold War and seemingly never-end- industry reform, patient provider The banks are still going to get the H10878 CONGRESSIONAL RECORD — HOUSE October 14, 1998 high rate of interest, the taxpayers are and having the willingness to fight for with North Korea. The reports out of going to pay it, and the students will those interests when and how best ap- North Korea suggest that despite its get a tiny, tiny cut, less than 1 percent. propriate. In other words, knowing receipt of a hundred million in heavy Oh, that is a great deal, that is a what we are doing, looking before we fuel oil and two hundred million food great way to do this. Get rid of the leap. A successful foreign policy is not aid, the dying regime of Kim Jong-Il, banks, give the loans directly to the built on photo opportunities, it is not there have been repeated violations of kids through the schools. You could built on eroding American capability the 1994 nuclear agreement that has give another 600,000 students loans next by saying one thing and then doing an- continued to proliferate ballistic mis- year at a much lower rate of interest. other. And most certainly it is not siles, has continued to divert food aid They have tried to eliminate the Safe built on appeasement. from the starving population from the and Drug-free School Program and Most Americans follow international needy to the elites of the ruling class, after school programs. That is quite a events through the media. The press the ruling few. The North Korean re- record. But they have become born tends to provide us snapshots of what gime is engaged in narcotics traffick- again on the issue of public education. is going on in the world other than of ing and counterfeiting of American Now they say what they really want to course the sensational topic du jour dollars. do is fight over how the money they that we read about inside the Beltway. did not want to spend on public edu- The snapshots that have made their At some point what this means is the cation is spent because we have held way through the haze lately, from Rus- administration is going to have to de- them here against their will. Because sia to Haiti to Bosnia to Sudan to Iraq, cide when North Korea has simply gone they want to bolt out of town without North Korea, to the Middle East are in- too far, what does it take? Can we not finishing their work, we have managed deed a cause for a great deal of con- verify the deal that they are supposed to get another $1.1 billion commitment cern. When you take a close look at to comply with? for education. They are saying, well, those events and what the Clinton ad- In Iraq a similar situation exists. they are really concerned about how ministration is doing, and in some Since the end of the Gulf War the that money might be spent. They want cases not doing, they are in fact a United States has taken a lead in en- it to be spent under something called cause for alarm. suring Iraqi compliance with the cease- title VI. Title VI, the first 16 percent Bosnia: fire agreements. The administration goes to administration. Republicans When President Clinton committed has talked tough on Iraq. We all re- like that. And the other 84 percent can troops to Bosnia in 1995, he promised member those words the President go to anything, does not go to teachers, they would be home by Christmas of made, threatening use of force and en- smaller class size. It is not even nec- 1996. Everybody remember Christmas gaging in a massive show of military essary to be invested in rebuilding our 1996? Well, that deadline is almost 2 might earlier this year. However, the schools. years passed, and our troops remain on reality is that the effectiveness of the They can spin and spin and spin as the ground with no strategy in place U.N. arms inspections has been badly much as they want as they wax elo- for their withdrawal. Indeed the Clin- undermined by the United States. In quent about the importance of public ton administration has no idea has no addition to the mountain of evidence schools. They are a billion point one idea when the troops can be withdrawn. making that clear, the words of Scott late and 4 days late. After several years and about 10 billion Ritter, a former U.S. Marine and lead- f of taxpayers’ funds, it would seem to ing arms inspector, raises serious ques- me that the administration needs to tions about the administration’s com- CLINTON FOREIGN POLICY—A start talking about bringing an end to CAUSE FOR ALARM mitment to eliminating Iraq’s war this mission or accomplishing some- making capability. The SPEAKER pro tempore. Under a thing more than we are. previous order of the House, the gen- Somewhat of an irony, just in the This is an issue with serious rami- tleman from Florida (Mr. GOSS) is rec- Speaker’s Lobby outside of this Cham- fication. In addition to the threat of ognized for 5 minutes. ber we are invited to send Christmas chemical-biological weapons, Iraq has Mr. GOSS. Mr. Speaker, I yield to my messages and Christmas greetings to apparently hidden away components to distinguished colleague from Califor- our troops in Bosnia. My message is: build three nuclear weapons. It simply nia. Hurry home. I wish it were possible to needs to acquire the necessary fission- Mr. RIGGS. Mr. Speaker, I thank the send that message. We cannot send able material on the international gentleman for yielding. I just want to that message in good faith because we black market in order to produce a say to my colleagues in response to the do not have policy for that now, and I completed nuclear weapon. And we last speaker in the well that, as the want to know why not. have withdrawn. chairman of the Early Childhood Youth And interestingly enough, the admin- This is hardly get tough policy. We and Family Subcommittee, which has istration recently considered bombing need to know more. We need to know jurisdiction over all Federal education Serbia over the Kosovo Province and, now. We need to know it before we go programs and policies from preschool in fact, is considering supporting a de- home. through high school, we did in fact ployment of some 2,000 observers from have hearings specifically on the dif- the Organization of Cooperation Secu- f ferent, the competing Republican and rity in Europe. Of that not many Amer- Democratic classroom size and teacher icans know who is in the Organization The SPEAKER pro tempore. Under a training proposals in this Congress, of Security and Cooperation, what it is previous order of the House, the gen- and I do not recall receiving any letter comprised of and what its capabilities tleman from Illinois (Mr. WELLER) is or indication of interest from the gen- are. But I guarantee you they will not recognized for 5 minutes. tleman from Oregon (Mr. DEFAZIO). be able to do much in Kosovo. I suppose (Mr. WELLER addressed the House. Mr. GOSS. Mr. Speaker, I want to they can watch, as we can watch, but I His remarks will appear hereafter in speak about foreign policy, a very dif- am not sure they will be able to do the Extensions of Remarks.) ficult and delicate task these days. If it much more. I do not even know what were an easy subject, I do not think the ground rules would be for such ob- f the Nation’s first President would have servers nor how to protect them. I encouraged us to avoid foreign entan- imagine some would be Russians, some MANY ISSUES FOR THE WANING glements altogether, but it is precisely would be appeasers, and some would be HOURS OF THE 105TH CONGRESS because it is difficult and because risks other, and I do not know exactly what to Americans and our interests are so The SPEAKER pro tempore. Under a they would expect to do or how to do previous order of the House, the gentle- great that we have got to exercise all it. We need those details as we ap- due care and diligence of an exercise of woman from Texas (Ms. JACKSON-LEE) proach the 72-hour countdown before is recognized for 5 minutes. American foreign policy, and that par- the ultimatum on using force in ticularly means using our troops and Kosovo. Ms. JACKSON-LEE of Texas. Mr. putting them in harm’s way. North Korea: Speaker, if I might just take a mo- A successful foreign policy is built on Since 1994 the Clinton administration ment? I see my good friend, JOE KEN- clearly articulating American interests has pursued a policy of butter for guns NEDY, is on the floor of the House, and October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10879 I was not able to pay tribute to him from the hospital system or the nurs- the tape a little bit to earlier this year along with my colleague, Representa- ing home, we can get a better system in this very chamber where the Presi- tive HENRY GONZALEZ, and I just want- for those small agencies, and I am de- dent came before the Congress and the ed them both to know, and I hope to termined to do so. American people and requested billions extend my remarks in the RECORD, how And finally, Mr. Speaker, something of dollars in additional spending and much I appreciate their leadership for I would like to talk about that I know billions of dollars in additional taxes. the Nation. Mr. KENNEDY has been long America can do because America is a Now, I believe fundamentally that known as an advocate for the least of land of equality and good conscience trust and credibility are something those and particularly as he has helped and good-faith. We can pass the Hate that we try to contract with the people in dollars to assist those seniors with- Crimes Protection Act. Matthew who send us here, the ability for us to out the resources to give them good Shepard should not die in vain, and go back home and tell the people back heating in the winter and air condi- neither should James Baird, and I be- at Staten Island or Brooklyn that we tioning in the summer, and that is a lieve that we who believe, who are be- are fighting to do the right thing here tough place to be in. So I thank him lievers, as well as those who want to in this country and this Congress. And for his leadership, his kindness, his rec- offer the secular reasons for doing so, I believe, and I think a lot of the col- ognition that the voiceless need a even if you may disagree with the be- leagues on this side of the aisle believe, voice. liefs that you think Matthew Shepard that the American people are taxed too And then there is nothing more to be represented, he is a human being, and much; that too many people go to work said about our senior leader in the he was killed because of his sexual ori- each and every day and do not see Texas delegation, HENRY GONZALEZ, entation and because of his difference. enough come back in the form of their who has for years been a fighter on b 1530 paycheck. Now, indeed too much money goes to equal opportunity and home buying in James Baird was killed and dis- the Federal Government and not America. He, too, has lifted up those membered, beheaded in Texas, because enough comes back to the people in who are voiceless. He is a giant of a he was black. There is no reason why Staten Island, the ones that I rep- person with kindness and dignity, and we cannot pass a Hate Crimes Protec- we wish him well, and we wish my good tion Act of 1998 that protects the dis- resent. Obviously what has happened is friend, JOE KENNEDY, well as they re- abled, it protects you if your religion is the Republican majority in the last tire from this body. different, if your race is different, if several months has fought for much Mr. Speaker, I want to talk about your gender is different, if your sexual needed tax relief and fought for the what we can do in these last waning orientation is different. elimination of the ridiculous marriage hours, and that is why I am here today, We have had some 21 members of the penalty tax, whereby millions of Amer- because certainly there are many gay lesbian community killed in this ican couples are penalized through the issues in my district. We have just Nation because of their difference, and Tax Code for being married. That faced flooding about a month or so ago, 10,000 hate crimes in this Nation. One means they pay an additional fee over and many of my constituents are try- person who testified in our hearings in and above what they should pay just ing to rebuild their homes. There is a the Committee on the Judiciary said because they are married. great need for modernization of our very clearly, ‘‘I am not gay, but be- In addition, there are a lot of small schools, and so there is a lot that we, cause it was perceived that I was gay, business owners around this country as Members of Congress, could be doing I was brutally beaten.’’ who want good health insurance, but in our local communities. But I would Do we want to have a Nation that they can only deduct approximately 45 like to assure you, Mr. Speaker, that fights China on human rights grounds, percent of that health insurance. What we can actually do some good here. that fights countries in Africa on that means essentially is the Federal There is no reason, Mr. Speaker, why human rights ground, and yet not Government takes that money in place we cannot pass the school moderniza- stand up and be counted here on the of good health insurance, affecting tion legislation that allows us to re- basic human decency of not beating many of the small business owners’ de- build our crumbling schools so that somebody so brutally, hitting them cisions when it comes to the uninsured schools like those in my district whose over the head that you crush their and providing health insurance for roofs are falling in, the wiring is not skull, leaving like a scarecrow on a their families. This Congress offered good, we can actually bring tax relief fence? 100 percent deductible to be imposed locally by providing tax credits for This is not about Wyoming. This is next year. Not to mention the fact we those constituents who are putting in not about the good people of Wyoming are trying to stimulate our economy bonds in order to rebuild their schools. or the good people in Texas or the good by allowing our economy to grow, and We can do that. people in Ohio or the good people in that means getting the money out of Mr. Speaker, we can have a real ac- Washington, DC. It is about a Federal Washington and allow people, whether tual collaboration on the census. We standard that insists on human de- it is in Staten Island, San Francisco, understand that sampling is docu- cency. It is about the fact that we have anywhere across the country, to rein- mented by the National Academy of only 40 states that have passed their vest the money, to save money. Sciences, the National Foundation of laws, that Wyoming has defeated hate Basically, folks, it is the freedom to Sciences, which indicate that sampling crimes laws three times, that Texas spend your money as you see fit and is the best and accurate way to count hate crimes laws were so weak that we not here in Washington. And we fought the 2000 census. We can still do that, could not even prosecute those who dis- month after month, and what hap- Mr. Speaker. membered Mr. Baird, and we may have pened? The President threatened to And frankly I think that we can an- a problem prosecuting those in Wyo- veto it and killed the tax relief that swer our constituents on the question ming. was so desperately needed from so of a good Patient Bill of Rights. We can Let us do the right thing and pass the many people across this country. do that. We can balance the rights of hate crimes protection act and all the Now we see an attempt to divert at- physicians and patients. We can over- other good initiatives that the Amer- tention away from the issue at hand, come the burden of HMOs who tell you ican people want. and, yes, it becomes under the guise of that you cannot get the service at this f education. Who could not stand in this emergency room or you cannot con- well and say we do not want to improve tinue with this doctor. We can do that, MAKING EDUCATION DECISIONS education? We have been fighting for Mr. Speaker. AT THE LOCAL LEVEL years to try to improve education, at We can help the home health care The SPEAKER pro tempore. Under a least I know back on Staten Island. agencies. We can tell them that the in- previous order of the House, the gen- But there is a philosophical and fun- terim payment system that is brutal- tleman from New York (Mr. FOSSELLA) damental difference as to who is best izing them, keeping them from keeping is recognized for 5 minutes. able to make those decisions. our seniors in their homes with their Mr. FOSSELLA. Mr. Speaker, I think Now, I stand firm and I stand strong children and protecting them a way it is appropriate at this point to rewind to say the people on Staten Island, the H10880 CONGRESSIONAL RECORD — HOUSE October 14, 1998 parents and the teachers and the prin- to reduce class size in primary schools needs, we can prevent the experiences cipals and the administrators back to 18 children per class. It was opposed of neglect and abandonment that can home are in a better position to make by Republicans. On two occasions we lead to misbehavior and even criminal those decisions than bureaucrats here put forth legislation to allow local activity. in Washington. All they want to do is school authorities to build new schools Investing in education makes sense. send billions more to fund those bu- and to modernize classrooms. We were It makes sense for our national budget, reaucrats, to fund the big government, not talking about Federal authorities, it makes sense for the safety of our instead of sending the money back but we were talking about local school communities and it makes sense for home. authorities to be able to build and the well-being of our children. It is my We have tried to make progress over modernize these classrooms. These ini- hope that in the final hours of negotia- the years, but the defenders of the sta- tiatives were rejected by the Repub- tion and debate, that this Congress can tus quo who love more government and licans. pull together and give the remaining bigger government and more bureau- These are only two examples of the public education initiatives the prior- crats at the expense of the children and long list of important education initia- ity they deserve. We owe at least this the families, all they can do is say tives that Republicans have defeated much to our students. this year. Even worse, they continue to ‘‘no’’ and divert attention. f Education savings accounts, empow- propose counterproductive policies, ering parents with the flexibility to such as school vouchers and tax incen- The SPEAKER pro tempore. Under a make the decisions best for their chil- tives for private and religious schools. previous order of the House, the gen- dren passed this House. Vetoed by the These efforts undermine public edu- tleman from Virginia (Mr. DAVIS) is President. Opportunity scholarships for cation. recognized for 5 minutes. the students of the Washington, DC Now, we know that a strong edu- (Mr. DAVIS of Virginia addressed the school system. To the chagrin of the cational system provides students with House His remarks will appear here- people on the other side who say it is the necessary background, skills and after in the Extensions of Remarks.) taking money away, no, in fact, it was training to survive and to be produc- f not. That is not true. It was money tive members of this society and the over and above what we were sending world community. EXCHANGE OF SPECIAL ORDER to the Washington, DC school system We have also learned that education TIME to go to the poorest students who were is the best form of crime prevention. A Mr. MICA. Mr. Speaker, I ask unani- trapped in the horror of the Washing- California-based think tank recently mous consent to take the time pre- ton, DC school system. An opportunity released a study showing that crime viously allotted to the gentleman from for 2,000 students. The President vetoed prevention efforts are more cost effec- Virginia (Mr. DAVIS). it. tive than building prisons. Of all crime The SPEAKER pro tempore. Is there More money to the classroom. Nine- prevention methods, education is the objection to the request of the gen- ty-five percent of the Federal money most cost effective method of crime tleman from Florida? that now finds its way too often in prevention. Yet, rather than invest in There was no objection. Washington, we were sending it back education, Republicans would have us home to Staten Island and Brooklyn, funnel more money into prisons. f We see money flowing into sources to the classroom where it is needed SCANDAL IN WASHINGTON such as constructing new prisons, as if most. What happened? A threatened CONCERNING PUBLIC EDUCATION veto. Killed by the President in the we need to prepare for the inevitable White House. incarceration of our children. There The SPEAKER pro tempore. Under a Who can argue with empowering par- are now plans on the drawing board to previous order of the House, the gen- ents, sending more money to the class- construct prisons within the next 10 to tleman from Florida (Mr. MICA) is rec- room, providing flexibility for local 12 years counting on children who are ognized for 5 minutes. teachers and administrators and local now 10 years old to fill them. Mr. MICA. Mr. Speaker, I would like school districts? I will tell you who can This is wrong. In fact, the lack of in- to talk about scandal in Washington. argue with that; the people who wanted vestment in education actually con- The scandal in Washington really is to divert attention away from doing tributes to the enormous incarceration what the Democrats and the former the people’s business, divert attention rate. Nineteen percent of adult inmates majority party did to public education away from the fact that all they want are completely illiterate and 40 percent in 40 years. to do is make the government in Wash- are functionally illiterate. Nationwide, In 40 years, when they controlled the ington bigger and bigger, and take the over 70 percent of all people entering House and the other body, they nearly freedom and liberty away from the peo- state correctional facilities have not destroyed public education. If you ask ple back home in Staten Island and completed high school. In our juvenile anyone, any teacher, any high school across this country. justice system, youth at a median age principal or elementary principal in I believe strongly that the American of 15 read on average at the same level our public schools what is wrong with people are tired of that record and as most nine-year-olds. our schools today, they will tell you, want to see tax relief and better edu- So it is imperative that we begin to very simply, it is not just a need for cation options. refocus on education and building more teachers and better teachers, it is f schools, instead of building prisons. a question of some fundamentals. With children attending classes in We have lost control of our class- EDUCATION POLICY THAT MAKES trailers, being subjected to unheated rooms, they will tell you. There is no SENSE and sometimes unsafe buildings, or discipline in the classroom. Why is The SPEAKER pro tempore. Under a packed together 35 in a classroom, it is there no discipline? Because the liberal previous order of the House, the gentle- no wonder that too many students are policies of the other side for 40 years woman from California (Ms. LEE) is not learning and receiving the healthy has eroded the principles of discipline, recognized for 5 minutes. start they need to succeed in the com- the power to the teacher, the power to Ms. LEE. Mr. Speaker, as we near the petitive fast-paced working world. the local school board, the power to the final days of the legislative session, I Education is the key to our invest- parent. That is one of the major prob- rise to express my real disappointment ment in the future. We should be con- lems facing our public schools today. with the lack of attention that this Re- structing new classrooms, building So the scandal is what they have done publican Congress has given to public after school facilities and strengthen- to public education in the United education. Democrats have, month ing important programs like preschool States. after month, put forth education ini- and after school programs, not con- Let me tell you about the other scan- tiatives to improve our public schools centrating on more centers for incar- dal that they have committed in edu- and to provide opportunities for all of ceration. By attending to students’ cation. The scandal is they have cre- our students. We offered an amendment academic, physical and emotional ated a bureaucracy that is unparalleled October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10881 in any civilization in education. Now, that we have this. We need to keep con- changed. By introducing this bill, I am listen to this quote from Investor’s trol with the parents and we need to not endorsing each provision, but rath- Daily, just an observation they made: stop the control of Washington. That is er, the idea that some action needs to ‘‘School funding in 40 years has quad- what this is all about. be taken to reform the National Flood rupled. Teachers’ salaries have only in- f Insurance Program. In fact, it is my creased during that same period 43 per- hope that the public will review the INTRODUCING THE REPETITIVE cent.’’ contents of the bill and make their spe- FLOOD LOSS REDUCTION ACT OF Teachers only account now for barely cific support and objections known, so 1998 half the personnel in public schools. we can develop consensus legislation. That is because they have built an un- The SPEAKER pro tempore (Mr. The need for this legislation was un- paralleled bureaucracy. That bureauc- HANSEN). Under a previous order of the derscored by a recent report by the Na- racy starts right here in Washington, House, the gentleman from Texas (Mr. tional Wildlife Federation, that the DC. There are 5,000, count them, full- BENTSEN) is recognized for 5 minutes. National Flood Insurance Program has time employees in the Department of CRUMBLING AND INADEQUATE INFRASTRUCTURE made flood insurance payments exceed- Education; 3,600 of them are in Wash- ARE THE TRUE PROBLEMS FACING PUBLIC EDU- ing the values of the properties in- ington, DC. CATION, NOT FEDERAL CONTROL OR OVER- volved to thousands of repetitively REGULATION Now, we may need a Department of flooded properties around the Nation. Mr. BENTSEN. Mr. Speaker, I am Education, I do not want to get into This report, entitled Higher Ground, speaking today on a bill I am introduc- that debate, but I do not have in my found that from 1978 to 1995, 5,629 repet- ing, but before I do, let me just say itively flooded homes had received $416 school district teachers who are mak- something. A lot of Members come to ing the $50,000 to $100,000 that these million in payments, far in excess of the floor and say things, and get a lit- their market value of $307 million. 5,000 bureaucrats are making in the tle carried away. I just have to make a Federal Department of Education. My State of Texas led the Nation in couple of comments. volume of such payments, with more b 1545 For the last 40 years, while the than $144 million, or $44 million more This is about control, this is about Democrats may have controlled the than the market value, paid to 1,305 re- bureaucracy. What do 5,000 Federal bu- House, the history I learned showed petitively flooded homes. The Houston/ reaucrats and 10,000 more contract bu- that the Republicans controlled the Harris County area, which I represent, reaucrats that they have hired to hide, other body, off and on on a number of had 132 of the 200 properties that gen- what do they do with education, public occasions, and there are two bodies in erated the largest flood insurance pay- our system. That is how legislation is education today? They regulate. It is ments beyond their actual value. done. unbelievable. Talk to a teacher, talk to This included one property in South Second of all, let me say that at least Houston that received a total of a principal, I beg the Members. They in my State of Texas, and I cannot will tell us the scandal that has been $929,680 in flood insurance payments speak for the other States, I only rep- from 17 flooding incidents, and another committed by the other side of the resent part of Texas, I find that it is aisle. They have passed so many rules, property near the San Jacinto river the State legislature that sets the reg- that received $806,591 for 16 flooding in- so much red tape, so many regulations ulations, along with the school boards. that our teachers cannot teach. cidents, about 7 times the actual value I was in a school in my district not of the home. We see here that most of our school long ago. The teachers I talked to did budgets now are going for bureaucracy, Other areas around the country have not say one thing about Federal regu- also had the same incidents occur. Al- administrators, regulators, and all the lations. What they talked about was together, according to the National myriad obligations that have been the fact that they had an air condi- Wildlife Federation report, although mandated from Washington, because tioning system that was 35 years old, repetitive flood loss properties rep- they control and they want to main- and that the school was crumbling, resent only 2 percent of all properties tain power. They have created 788 Fed- that the foundation was cracked. If insured by the National Flood Insur- eral education programs, dozens and they had any gripes, it was not even ance Program, they claim 40 percent of dozens, and bureaucrats. They all have with the State legislature, it was with all NFIP payments during the period their programs, so a teacher cannot the local school board. So every State studied. have control of the classroom. Ask any is different and everybody’s situation Since its creation in 1968, the NFIP teacher. A teacher is inundated with is different. has filled an essential need in offering paperwork, and school boards and even Mr. Speaker, I rise today to intro- low-cost flood insurance to home- State agencies are mandated to create duce legislation, the Repetitive Flood owners who live inside 100-year flood this huge bureaucracy. Loss Reduction Act of 1998, to reform plains. The program has helped to limit What we need is 100,000 less bureau- the National Flood Insurance Program the exposure of taxpayers to disaster crats in education. That is what this by improving pre-disaster mitigation costs associated with flooding. How- battle is about. That is why we are and facilitating voluntary buyouts of ever, the recent report clearly points here. That is why I am almost hoarse, repetitively flooded properties. out the need to improve the NFIP to because I got up the other night and I am hopeful that an effective pre- address the problem of repetitive loss tried to explain this to my colleagues disaster mitigation and buy-out pro- property. and the American people. gram will both reduce costs to tax- Furthermore continued losses to the They want to pass regulations. They payers and better protect residents of NFIP has increased the call by some of want to make certain that teachers do flood-prone areas. my colleagues to increase premiums not teach. They want to have the most I have drafted this legislation in con- and reduce the Federal subsidy for all expensive approach to education. They sultation with the Federal Emergency Federal homeowners in the flood plain, have ruined public education. We are Management Agency and the Harris not just those who suffer from repet- trying to take that back. It is simple: County, Texas, Flood Control District, itive flooding loss, in order to reduce We want the money to go to the class- one of the Nation’s most experienced Federal budget outlays. rooms. We voted 95 percent, that it and innovative flood control districts. Without long-term comprehensive re- should go to the classrooms, to the However, I want to emphasize that I form of the NFIP, I am concerned that teachers, for basic education, not for consider this legislation to be a start- in the future, Congress may follow the bureaucracy that has been created. ing point to begin the debate, and I through with proposals to double or We said that we want the teacher and look forward to input from my col- triple flood insurance premiums for all the parent to have control. That was leagues, my constituents, and other in- flood-prone homeowners, as was pro- the foundation of public education. My terested parties, so an improved ver- posed in 1995 and 1996. Many of us, my- wife was an elementary teacher. I have sion of this legislation can be intro- self included, fought vigorously to op- a degree in education. I did not want to duced in the 106th Congress. pose these increases, but our victory teach because of the conditions in our Some ideas in this bill will be consid- will be short-lived if we do not make classrooms. That is the same reason ered controversial and may need to be changes in the program. H10882 CONGRESSIONAL RECORD — HOUSE October 14, 1998 These repetitive loss properties rep- that if we are going to reform edu- I would hope that no one leaves the resent an enormous cost for taxpayers. cation and make a positive effort, it Congress this session without being They are also a tremendous burden to starts from the bottom up. We do not proud of what we have been able to do residents whose lives are disrupted try any longer, as we have done for so in the area of public education. every time there is a flood. In many many years, to say, ‘‘Here, this is com- f cases, these residents want to move but ing from the Federal Government. It is The SPEAKER pro tempore. Under a cannot afford to do so. By repeatedly good because we said it is good. We previous order of the House, the gen- compensating them for flood damage, know that one-size-fits-all. You do not tleman from Illinois (Mr. BLAGOJEVICH) current Federal law makes it easier for know anything, on the local level. You is recognized for 5 minutes. them to continue living where they should not make any decisions. We (Mr. BLAGOJEVICH addressed the are, rather than moving to higher know it all.’’ House. His remarks will appear here- ground. That is not the way it works, and it after in the Extensions of Remarks.) has not worked. We ought to admit I ask my colleagues to look at the f bill and please comment on it. that it has not worked. We are trying f something different: passing 14 pieces THE STATUS OF LEGISLATION of legislation dealing with elementary RECOMMENDED BY THE WOM- EXCHANGE OF SPECIAL ORDER schools, secondary schools, public EN’S CONGRESSIONAL CAUCUS TIME schools, for $31 plus billion in this The SPEAKER pro tempore. Under a Mr. GOODLING. Mr. Speaker, I ask year’s budget for education. previous order of the House, the gentle- unanimous consent to exchange special Special education got a $750 million woman from the District of Columbia boost last year. It is going to get an- order times with the gentleman from (Ms. NORTON) is recognized for 5 min- other $500 million this year. This is the Michigan (Mr. EHLERS). utes. The SPEAKER pro tempore. Is there one unfunded curriculum mandate Ms. NORTON. Mr. Speaker, I come to objection to the request of the gen- from the Federal Government, a 100 the floor this afternoon in sincere grat- percent mandate from the Federal Gov- tleman from Pennsylvania? itude and sincere regret, in my capac- ernment. There was no objection. ity as chair of this session of the Wom- f Thirty years ago local government was promised that they will get 40 per- en’s Congressional Caucus. In that ca- WHAT THIS CONGRESS HAS DONE cent of the excess costs. Whatever it pacity I have worked most produc- FOR PUBLIC EDUCATION AND costs them to educate a regular stu- tively with the cochair, the gentle- SPECIAL EDUCATION PROGRAMS dent, and all of that above to educate a woman from Connecticut (Mrs. NANCY special needs student, we will send JOHNSON). The work we have produced I The SPEAKER pro tempore. Under a think indicates what happens when previous order of the House, the gen- them 40 percent. We sent them, until 2 years ago, 6 percent. We are about up Members work together. tleman from Pennsylvania (Mr. GOOD- I want to say a word about my grati- LING) is recognized for 5 minutes. to 12 percent. But as I have mentioned so many tude, and then how what we have Mr. GOODLING. Mr. Speaker, a pre- achieved has been quite overwhelmed vious speaker asked the question, what times, in California, the Los Angeles Unified School District, it means $60 by what women have been denied. I has this Congress done for education, want to acknowledge the innovations and in particular, she said, what has million a year, every year. Now, if we talk about reforming schools, talk that we designed this year, and the this Congress done for public edu- must-pass agenda. It had the help of cation? She should be very proud of about the pupil-to-teacher ratio, talk about school maintenance, what they the Speaker, gentleman from Georgia what this Congress has done as far as (Mr. GINGRICH) and the minority lead- education is concerned during the last could do with $60 million, if we would put our money where our mouth is. er, the gentleman from Missouri (Mr. 2 years. GEPHARDT). Just a few of the issues that we have That is a tragedy. In the St. Louis schools there is a $25 million increase Three of our seven priorities were enacted into law, which the President passed. Two were vital to women: the has already signed: The Higher Edu- every year, and on and on it goes. So what we have done is tried to get reauthorization of the Mammography cation Act, a bipartisan effort; special money back so that they could do on Quality Standards Act, which assures education, signed into law, the second the local level what they want to do to women that both the equipment and largest program from the Federal Gov- improve schools. But they cannot do it personnel involved in mammograms ernment in relationship to elementary because, for instance, in Los Angeles, are up to standards; and sections of the and secondary education; the Work- they have to raise $325 million from Violence Against Women Act. There force Investment Act, signed into law; their local taxpayers to pay for our 100 was a third important bill on our must- loan forgiveness for new teachers, percent mandate. They would have pass agenda, the Commission on signed into law; quality teaching that $325 million, at least they would Women, Minorities, and People with grants, that is the law; emergency stu- have $60 million more at the present Disabilities in Science, Engineering, dent loans, that is law; and yes, in a bi- time. and Technology Jobs. partisan way, prohibition on Federal I tried to get this point across for 20 b 1600 school tests. That is in law. years in the minority, and now as a This Congress has also, for public member of the majority, because that Two more bills of great importance education, dealt with school nutrition is the biggest problem facing local to women I want to acknowledge. We and reauthorized the school nutrition school districts: How do we fund the 100 beat back an attempt to take women legislation, very important to schools; percent mandate? They do not know out of basic training and separate them charter schools for public schools, $100 how to do that. They do not have a tax from men, and we passed an Innocent million; quality Head Start, again, bi- base in order to do that. The mandate Spouse Tax Relief Act. These are very partisan, and again, bicameral; voca- came from here. important, and I do not want to deni- tional education; Community Services So I am pretty proud of the fact that grate what they are. Block Grant; $500 million extra for spe- in the last 2 years, $750 million and an- But, Mr. Speaker, these are over- cial education; and the Reading Excel- other $500 million. This will be the first whelmed by the regret that I bring to lence Act. year that local school districts will be the floor this afternoon and that regret That is only 14 programs; I might able to reduce their spending on special boils down to the three Cs: Choice, say, probably more than any Congress ed so they can put it into maintenance, Contraception and Child Care. in the history of my term in the Con- they can put it into new teachers, they Mr. Speaker, if we were to ask gress; by far anything more than I have can put it into additional teachers, re- women how they would rate this Con- seen in a long, long time. duce class size all of those things. But gress, I think the three Cs would give The issue is not what we have done or if they got the 40 percent of the excess us an F. Choice, because since the ma- what we may not have done; the issue costs, it is unbelievable what they jority took control, we have had a hun- is, where is the control. We believe could do on the local level. dred votes on choice, which should be a October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10883 settled vote in this body, 23 of them in nounced that the Senate had passed The message also announced that the the 105th Congress. We continue to be without amendment bills and a joint Senate agrees to the amendment of the obsessed with choice, though the Amer- resolution of the House of the following House to the bill (S. 2432) ‘‘An Act to ican people have laid this issue to rest. titles: support programs of grants to States to In this Congress, the Hyde amendment H.R. 3687. An act to authorize prepayment address the assistive technology needs is no longer an appropriation rider, but of amounts due under a water reclamation of individuals with disabilities, and for became law. Shame on us. project contract for the Canadian River other purposes.’’. Perhaps the greatest disappointment Project, Texas. f was in contraception, where we had a H.R. 3910. An act to authorize the Auto- EXCHANGE OF SPECIAL ORDER case study on how victory can be sto- mobile National Heritage Area in the State of Michigan, and for other purposes. TIME len from women. Because both the H.R. 4326. An act to transfer administra- House and the Senate voted to include Mr. MILLER of Florida. Mr. Speaker, tive jurisdiction over certain Federal lands I ask unanimous consent to claim the the full range of contraceptive cov- located within or adjacent to the Rogue erage for Federal employees in Federal River National Forest and to clarify the au- time of the gentleman from South Da- employees’ health plans. This, which thority of the Bureau of Land Management kota (Mr. THUNE). had the support of this body, majority to sell and exchange other Federal lands in The SPEAKER pro tempore (Mr. support of this body, passed by voice Oregon. HANSEN). Is there objection to the re- vote in the Senate and was stripped out H.J. Res. 135. Joint resolution making fur- quest of the gentleman from Florida? ther continuing appropriations for the fiscal There was no objection. in conference in a move that deserves year 1999, and for other purposes. f remark for its profound anti-demo- The message also announced that the cratic tactics. 2000 CENSUS Then there is the one issue we hoped Senate has passed bills and a concur- rent resolution of the following titles The SPEAKER pro tempore. Under a would be passed this year. This should previous order of the House, the gen- have been the year of the child. Child in which concurrence of the House is requested: tleman from Florida (Mr. MILLER) is care would have made it the year of the recognized for 5 minutes. child. The Women’s Caucus put to- S. 1222. An act to catalyze restoration of Mr. MILLER of Florida. Mr. Speaker, gether what we thought was a biparti- estuary habitat through more efficient fi- nancing of projects and enhanced coordina- last evening, a meeting was held in my san set of principles that would tion of Federal and non-Federal restoration office with two senior Democrats to produce child care in this session. programs, and for other purposes. discuss the issue of the 2000 Census. It Something for each side of the aisle. S. 2039. An act to amend the National is unfortunate that not only was the For Democrats who tend to be con- Trails System Act to designate El Camino confidence of this meeting broken, but cerned about working families, more Real de Tierra Adentro as a National His- my position was misrepresented. Obvi- low-income certificates. Particularly, toric Trail. ously, there are those who would be- because the welfare to work is absorb- S. 2276. An act to amend the National tray a confidence for what they believe ing all of the child care, leaving little Trails System Act to designate El Camino to be a short-term political gain. Real de los Tejas as a National Historic for women who want to go to work, for Trail. Let me make clear what transpired them, for low-income families. And S. Con. Res. 124. Concurrent resolution ex- at the meeting and what my position is then for stay-at-home spouses, we said pressing the sense of Congress regarding the on the 2000 Census. The position of we would accept a bill for tax relief for denial of benefits under the Generalized Sys- these Democrats was that they wanted stay-at-home spouses, and then we tem of Preferences to developing countries to remove Congress from the decision- would accept quality that was State that violate the intellectual property rights making process for the 2000 Census. I imposed and the Federal Government of United States persons, particularly those disagree. At no time did I say that would assist the States to bring up the that have not implemented their obligations there would not be funding for the 2000 under the Agreement on Trade-Related As- Census. As I have said publicly before, quality of child care. pects of Intellectual Property. Mr. Speaker, anybody who cannot the one thing we can all be sure of is get a bipartisan bill for our children The message also announced that the there will be a 2000 Census. out of that is not trying hard enough, Senate agrees to the amendment of the What I did say is the simple fact that and we have not tried hard enough in House to the bill (S. 1408) ‘‘An Act to if the Supreme Court might rule that the 105th Congress as long as main- establish the Lower East Side Tene- sampling is legal, it does not automati- stream issues like choice, contracep- ment National Historic Site, and for cally mean there will be sampling in tion, like child care are not done by other purposes.’’. the 2000 Census. this Congress. The message also announced that the Let me explain, as I did last night. Whatever we do, including the must- Senate agrees to the amendment of the The Supreme Court is going to rule on pass victories of the Women’s Caucus, House to the bill (S. 1693) ‘‘An act to whether or not sampling is legal or will be overwhelmed when the gavel provide for improved management and constitutional, not if the Clinton sam- goes down on this Congress. As de- increased accountability for certain pling plan will work. That issue is very lighted as I am by the passage of three National Park Service programs, and much debatable. In fact, even the Na- of our four priorities, we of the Wom- for other purposes.’’. tional Academy of Sciences which has en’s Caucus of the 105th Congress will The message also announced that the endorsed the concept of sampling has have to answer the question: ‘‘What did Senate agrees to the amendments of not endorsed this plan. Additionally, as I pointed out last you do for women in the 105th?’’ The the House to the bill (S. 1718) ‘‘An Act night, the administration has been ar- answer from American women will be: to amend the Weir Farm National His- guing that the Supreme Court case Not much. toric Site Establishment Act of 1990 to authorize the acquisition of additional should not be considered on its merits, f acreage for the historic site to permit but rather dismissed because the House The SPEAKER pro tempore. Under a the development of visitor and admin- of Representatives lacks standing and previous order of the House, the gen- istrative facilities and to authorize the the issue is not ripe for review. If this tleman from South Dakota (Mr. appropriation of additional amounts were to happen, why would Congress THUNE) is recognized for 5 minutes. for the acquisition of real and personal allow the administration to use sam- (Mr. THUNE addressed the House. His property.’’. pling when the entire census would be remarks will appear hereafter in the The message also announced that the invalidated in the future when stand- Extensions of Remarks.) Senate agrees to the amendment of the ing is no longer an issue and sampling f House to the bill (S. 1754) ‘‘An Act to is ripe for review? We already have the amend the Public Health Service Act writing on the wall. Two Federal FURTHER MESSAGE FROM THE to consolidate and reauthorize health courts and six Federal judges have SENATE professions and minority and disadvan- unanimously ruled that sampling is il- A further message from the Senate taged health education programs, and legal. How many judges does it take to by Mr. Lundregan, one of its clerks, an- for other purposes.’’. get the message through? H10884 CONGRESSIONAL RECORD — HOUSE October 14, 1998 The Republican position on this issue MORE MONEY TO IMF WILL ONLY That is that the investors that we is crystal clear and makes the most MAKE WORLD ECONOMIC SITUA- bailed out, the large banks and specu- sense. Here are six common sense rea- TIONS WORSE lators, learned a very important lesson. sons why the appropriations language The SPEAKER pro tempore. Under a They learned that the taxpayers of the which prohibits the Census Bureau previous order of the House, the gen- United States would be there no mat- from spending money after March 1999 tleman from Vermont (Mr. SANDERS) is ter how ill-advised or stupid their in- should remain as it is: recognized for 5 minutes. vestments might be, no matter how First, six Federal judges have ruled Mr. SANDERS. Mr. Speaker, let me much money they might lose. No prob- that sampling is illegal. begin by expressing my strong objec- lem, Uncle Sam was there to bail them Two, there is nothing in our appro- tion to the current legislative process out. priations language which prevents the in the House. Some day soon, we do not They took that lesson to Asia, and bureau from preparing for both sam- know, maybe tomorrow, maybe Friday, they continued that process. They pling and a non-sampling census. In maybe Saturday, eight appropriations pumped huge sums of money into Thai- fact, we have worked with the bureau bills, which as I understand it will add land and Malaysia and Indonesia and to make sure that they have more up to some $500 billion, will be dumped South Korea. And then, when that part money in the first 6 months than in the into one omnibus bill. Members here, of the world began to suffer, no prob- second 6 months. We have told the bu- with relatively little knowledge as to lem, the President, Mr. Rubin and Mr. reau that they will not have any cash what is in that legislation, are going to Summers and everyone said well, we flow problems. vote for it. I think that is a pretty poor have got to bail them out again, and Three, in all likelihood, the Supreme process. we bailed them out again. We bailed out major banks and finan- Court will have decided this by March What is of particular concern to me cial investors because we do not want 1999. The case is on an expedited track is that within that huge omnibus bill them to lose any money. Small and oral arguments are set before the will be, as I understand it, an $18 bil- businesspeople, family farmers, hey, Supreme Court for November 30. lion appropriation for the expansion of they can lose money. But when it’s the Four, by March, the information the IMF, the International Monetary Chase Manhattan Bank, they are not from the dress rehearsal will have been Fund. Now, it seems to me that in a time supposed to lose money. They only reviewed and available for study. when we are cutting back on veterans’ make money, I suppose. Number five, by March, the biparti- benefits, when 43 million Americans Then the meltdown in Russia began. san Census Monitoring Board will have have no health care, when millions of Poor Russia. It is incredible that a issued its report on the 2000 Census. middle-class families are unable to af- great country with such a tragic his- And six, Congress must have a role in ford to send their kids to college, that tory has got to suffer all over again. deciding how to conduct the 2000 Cen- maybe, just maybe, we might want to When communism fell in 1991, the Rus- sus. Without the appropriations lan- have an open debate upon the wisdom sian Government received the atten- guage, the administration is free to of putting $18 billion of taxpayers’ tion and the guidance of the IMF and unilaterally decide how the 2000 Census money into the IMF. Maybe we would all of their wonderful policy advisors. is conducted. like to hear the pros and the cons of Tragically, the Russian Government Our position is clear and reasonable. that discussion. Maybe we would like listened to them and took their advice. The Democrats fear a ruling of the Su- to see an up-or-down vote on that It is fair to say that never before in preme Court against sampling will dev- issue. But I guess that is not going to modern history has a major industri- astate the chances for its use in 2000. happen. alized Nation experienced the kind of They are desperately trying to figure Mr. Speaker, President Clinton wants decline in a 7-year period as Russia has out a way to diminish the importance the IMF. The gentleman from Georgia under IMF guidance and with $20 bil- of the court case. (Mr. GINGRICH) wants the IMF. Every lion of IMF loans. The common sense approach is to large multinational corporation in this Mr. Speaker, those people who are asking give the Census Bureau the money to country wants the IMF. The corporate our taxpayers for $18 billion in order to ex- function for the year, restrict spending media wants the IMF. And, I guess, pand the functioning of the IMF are telling us after March, and wait until we have all they are going to get the IMF without that the global economy is in a fragile state, the information needed to decide how any serious debate. economic contagion is a reality, and that the to conduct the 2000 Census. But let me just say a few words about United States could well suffer if the crisis in Mr. Speaker, I hope in the future the IMF. I happen to agree with those the global economy is not addressed. that these House Democrats can be people who say that the international Well, let me say this, I believe that the glob- trusted to negotiate in good faith. At economy is in a fragile state right now al economy is in a fragile state, economic con- this point, after the misrepresentations and that the United States has got to tagion is a reality, and that the United States of last evening’s private conversations, act. I disagree with those people who could well suffer if the crisis in the global I have grave doubts. say that the solution is to pour more economy is not addressed. But I very strongly money into the IMF. differ with our friends who believe that another f In my opinion, if recent history is $18 billion will make the situation better. In my The SPEAKER pro tempore. Under a any indicator of what might happen in opinion, if recent history is any indicator of previous order of the House, the gentle- the future, giving more money to the what might happen in the future, giving more woman from Connecticut (Ms. IMF might only make a bad situation, money to the IMF will only make a bad situa- DELAURO) is recognized for 5 minutes. an unstable situation even worse. All tion worse. Four years ago when Mexico was (Ms. DELAURO addressed the House. we have to do is take a hard look at in dire economic circumstances Mr. Rubin, Mr. Her remarks will appear hereafter in what has happened throughout the Greenspan, President Clinton, Mr. GINGRICH, the Extensions of Remarks.) world in those countries which the IMF corporate America, and all of the Corporate has ‘‘helped’’ to understand that maybe media told us that we would have to pony-up f the IMF path is not the road that we and bail out investors who had lost money in want to go down. that country. We were told that if Mexico went They ‘‘helped’’ the people of Mexico EXCHANGE OF SPECIAL ORDER under the contagion would spread, and there several years ago. Today, as a result or TIME would be an international economic disaster partially as a result of their help, the would occur. Well, some of us fought very Mr. SANDERS. Mr. Speaker, I ask Mexican economy is in disastrous con- hard against that bail out, but we lost. Today, unanimous consent to claim the time dition. Wages are down. Unemployment the Mexican economy is in disastrous condi- of the gentlewoman from Connecticut and child labor are up. And their Con- tion, wages are way down, unemployment and (Ms. DELAURO). gress in Mexico is now addressing a child labor are way up, and their congress is The SPEAKER pro tempore. Is there massive bailout of their banking sys- now addressing a massive bail out of their objection to the request of the gen- tem. banking system. tleman from Vermont? But something did happen out of the But something did happen out of the Mexi- There was no objection. Mexican bailout of several years ago. can bailout, the investors that we bailed out, October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10885 the large banks and speculators, learned a uation in which 358 of the wealthiest people in to perhaps shift the focus of the debate. very important lesson. They learned that the the world own more wealth than the bottom 45 He has, I guess, a number of very good taxpayers of this country would be there to percent of the worlds population, or 2.3 billion. reasons for shifting the focus of the de- make sure that no matter how stupid or ill-ad- The United States cannot turn its back on bate, one of which is his real record on vised Uncle Sam and the American taxpayers the world's economy, and we must address education. were there to protect their interests. And, with the very serious economic situation which is In just this Congress over the last 2 that knowledge in mind, these reckless and ir- unfolding, but we must do it in a new way. Our years, the President has vetoed our leg- responsible international investors poured goal must be to develop sustainable econo- islation to send directly down to the huge sums of money into Asia and RussiaÐ mies in countries throughout the world, not local level, down to local school dis- with the full confidence that the U.S. Govern- boom or bust economies designed to make tricts and into local school classrooms, ment and the IMF would be there to bail them foreign investors rich. Our goal must be to $800 million of funding in block grants. out again if they suffered any losses. make the United States an ally of the poor He has vetoed our legislation denying Last year, when Thailand, Malaysia, Indo- and the hungry, not a spokesman for the rich, American taxpayers the right to invest nesia, and South Korea suffered their eco- the powerful, and the corrupt. their own hard-earned money in tax- nomic meltdown, Mr. Rubin, Mr. Greenspan, Mr. Chairman, this is the opinion of BERNIE free savings accounts and then make NEWT GINGRICH, President Clinton, and cor- SANDERS. Now let me quote from some other tax-free withdrawals to spend for a va- porate America, were chanting their mantra sources about the role that the IMF has riety of educational purposes as they again. And in unison they cried out ``Let's bail- played. ``It's only a bit of an overstatement to deem best suited and most appropriate out the banks and financial investors who lost say that the free-market, IMF, Bob Rubin, and for their children. money doing business in Asia because if we Larry Summers, model is in shambles,'' said He has vetoed our legislation that don't the contagion will spread.'' And, against John S. Wadsworth, Jr. who runs Morgan puts an emphasis on improving the my vote and my strong opposition, the IMF Stanley's operations in Asia. quality of teaching in American class- bailed out Asia. According to a Wall Street Journal editorial rooms through improving traditional And then the meltdown in Russia began. from July 20, 1998 ``The IMF helped create teacher education and training at col- Poor Russia. It is incredible that a great coun- the very crisis that Mr. Camdessus says he leges and universities, as well as more try with such a tragic history has got to suffer now needs more money to solve.'' According emphasis on professional development again. When communism fell in 1991, the to Congressman Carlos Heredia, representing in in-service training for teachers, in- Russian government received the attention 126 deputies in the Mexican Congress, ``Con- cluding our provision to give really and the guidance of the IMF and all of their trary to the view promulgated by the Clinton outstanding teachers merit pay. brilliant policy advisors, and tragically the Rus- administration and the U.S. media, the pack- b 1615 sian government listened to them and took aging of 12.5 billion from the ESF and 17.8 their advice. It is fair to argue that never be- billion from the International Monetary Fund to We really do believe in the philoso- fore in modern history has a major industri- bail out Mexico benefited only foreign inves- phy that the teaching profession is a alized nation experienced the kind of decline tors and a small group of already wealthy missionary calling and a teacher can in a seven-year period as Russia has under Mexican investors while wreaking havoc on never tell where their influence might IMF guidance, and with $20 billion of IMF our national economy.'' end because they can effect eternity loans. A letter from 140 American and international through that profound influence they In Russia today millions of workers are un- environmental groups, labor unions, and de- have on the child and then through paid, old people do not receive their pensions, velopment organizations says and I quote, that child to future generations. He vetoed our legislation putting an and hunger and malnutrition are very serious ``the disastrous impact of IMF-imposed policies emphasis on helping to make sure that concerns. Russia's GDP has fallen by at least on workers rights, environmental protection, all of our children can read and write 50 percent, capital investment by 90 percent, and economic growth and development; the well in English, the official common and meat and dairy livestock herds by 75 per- crushing debt repayment burden of poor coun- and commercial language of this coun- cent. A nation that, despite their inefficient and tries as a result of IMF policies; and the con- try, by the end of the third grade, and bureaucratic system, used to be one of the tinuing secrecy of IMF operations provide he vetoed our legislation giving the great agricultural and manufacturing producers ample justification for denying increased fund- poorest of the poor families, who all in the world now imports a majority of its food ing to the IMF.'' too often are found neglected in the and produces almost nothing. And, as we all f know, Russia has recently defaulted on its middle of inner cities, scholarships so loans. The SPEAKER pro tempore. Under a that they can send their children to Meanwhile, in Russia a handful of people previous order of the House, the gen- the school of their choice. That is par- who have accumulated billions of dollars, tleman from Georgia (Mr. KINGSTON) is ticularly important if their children much of it illegally and through swindles, have recognized for 5 minutes. are trapped in a failing or unsafe or enormous power over that country which is (Mr. KINGSTON addressed the House. underperforming school, all items, all rampant with corruption. At a hearing that His remarks will appear hereafter in part of our very impressive Republican SPENCER BACHUS and I held last week, two the Extensions of Remarks.) record, common sense, conservative economists from Russia, one from the left and f Republican record on education which one from the right, both stated that it would be the President has seen fit to veto. THE PRESIDENT’S RECORD ON foolish to give the IMF money because that But he has not vetoed all of our legis- EDUCATION money would simply disappear in corruption lation, which leads me to my second and not help the Russian people. The SPEAKER pro tempore. Under a chart. On Saturday, the House minor- Given the horrendous record of the IMF in previous order of the House, the gen- ity leader, the gentleman from Mis- making life worse for the people of Mexico, tleman from California (Mr. RIGGS) is souri (Mr. GEPHARDT), the leader of worse for the people of Asia, worse for the recognized for 5 minutes. House Democrats said, we have not people of RussiaÐnot to mention all of the Mr. RIGGS. Mr. Speaker, I rise, as I spent one day, one minute, one second suffering that ``austerity programs'' have did last night about this time, as the on our most important challenge, mak- caused in Africa and Latin America, why in chairman of the House Subcommittee ing sure every child is a productive cit- God's name would anyone want to continue on Early Childhood, Youth, and Fami- izen in a global economy. You know, along the incredible path of failure that has lies of the Committee on Education to because of the chart that I just held up, been developed by the IMF? respectfully suggest that if the Presi- that that comment is pure nonsense. Now I should add, however, that while the dent of the United States is genuinely And the very next day the President taxpayers of this country are at risk for IMF concerned about the education and said, in just the last two days, Repub- expenditures, and while people throughout the well-being of our children, perhaps he licans and Democrats have worked to- world are suffering as a result of IMF policy, ought to examine the lessons and the gether to pass strong charter school not everybody gets hurt. In country after coun- example that his own personal behav- and vocational education measures. try where IMF policy has developed, the rich- ior is setting for our children. Are you confused yet? I certainly am. est people in those countries invariably be- Mr. Speaker, I can understand, I think congressional Democrats are as come richer, and we now have the absurd sit- though, why the President would want well. I am the author of both of those H10886 CONGRESSIONAL RECORD — HOUSE October 14, 1998 bills, the charter school and vocational and replace it with a block grant. But This Congress should be helping com- education bills that will soon become we prevailed; the program remains in- munities repair their unsafe schools. law. I take real exception to this kind tact. And despite all the predictions of They should be helping communities of blatant political gamesmanship and an out-of-control bureaucracy, the cops renovate their school buildings and partisan hypocrisy. program has been one of the most suc- they should be helping their commu- The gentleman from Missouri (Mr. cessful and popular Federal programs nities make sure that these temporary- GEPHARDT) made these comments on in our history. turned-into-permanent trailers are not the very day that he voted for the This program is making a real dif- a real ongoing part of their school. charter school bill which passed the ference to people across this country. Mr. Speaker, children make up 25 House of Representatives by a vote of It is making a real difference to the percent of our population, but they are 369 to 50. The President made his com- people in my district in Northern Cali- 100 percent of our future. Investing in ments the very next day, with the gen- fornia, the district just north of the their education is the best way to in- tleman from Missouri (Mr. GEPHARDT) Golden Gate bridge. The cops program vest in their future and, therefore, the seated directly at his side at the con- is helping my district to be a safer best way to invest in the future of the clusion of a White House meeting on place to live, a safer place to raise our United States of America. the budget negotiations. So which is children. This same program is making f it? other districts, all of the districts The SPEAKER pro tempore. Under a This is blatant hypocrisy. What we across the country that much safer for previous order of the House, the gentle- are really fighting here is a losing phil- families. woman from New Jersey (Mrs. ROU- osophical battle, because we Repub- Since the cops program began, local KEMA) is recognized for 5 minutes. licans believe that in fighting for our police departments in my district, (Mrs. ROUKEMA. addressed the children’s future and in trying to im- which includes Marin and Sonoma House. Her remarks will appear here- prove the quality of American edu- Counties, have received a total of more after in the Extensions of Remarks.) cation, we can only get there by em- than $4.4 million in Federal funding, phasizing local control and decision- including nearly $2 million in funds for f making, by putting greater emphasis public safety departments, to hire the IN SUPPORT OF H.R. 4567 on more parental involvement and equivalent of 38 new police officers. choice in education, shifting the edu- Cops funding has been used for a vari- The SPEAKER pro tempore. Under a cation paradigm from the providers of ety of public safety programs, includ- previous order of the House, the gen- education to the consumers of edu- ing establishing domestic violence re- tleman from Kansas (Mr. MORAN) is cation, raising teacher competency and duction programs. recognized for 5 minutes. strengthening accountability. And we Guess what? There is no out-of-con- Mr. MORAN of Kansas. Mr. Speaker, can only do that by infusing competi- trol bureaucracy. There are no hoops I rise this afternoon to once again urge tion and choice into the education sys- to jump through, no red tape. Police passage of legislation that this body tem. It is called the market system, departments have had the flexibility to passed several days ago, in fact last market principles. That is how we will put officers and other resources where Saturday we passed H.R. 4567, which get the reforms and the results that ev- they need them the most. The Clinton provides funding for home health care erybody wants in this country, cer- initiative for schools to hire 100,000 agencies hardest hit by changes made tainly every parent, better pupil per- new teachers would be much the same. in last year’s Medicare bill. Unfortu- formance and higher student achieve- Yet despite the overwhelming success nately the Senate has yet to address ment. of the targeted cops program, House this legislation, and it is an awfully So what you have been hearing in the Republicans want to do the same thing critical issue for the senior citizens as House of Representatives over the last that they proposed for that program to well as home health care providers in few days is a partisan debate on how the State of Kansas and across the we should proceed. And I quote, in con- the President’s teachers initiative, that they tried to do before. They want country. clusion, an editorial from a newspaper While I recognize the need to curb in the district of the gentleman from to use a block grant rather than target funds to hire the new teachers. Will Medicare costs, we need to direct Pennsylvania (Mr. GOODLING) that he changes at fraud, waste and abuse. The gave me just before leaving: they never learn? We already know that overcrowded changes that we made last year in ‘‘The argument behind the Demo- many cases were simply across-the- cratic approach is that local officials classrooms is one of the biggest obsta- cles to improving education for our board cuts in funding, and unfortu- don’t have the talent, character or mo- nately this has had a dramatic impact tivation to use the money wisely. Only children, and we know that a block on some of the most cost-effective pro- the Solomons in Washington have the grant cannot guarantee our kids small- viders in our communities across the necessary attributes.’’ er classes unless we guarantee more Mr. Speaker, our record beats their trained teachers. country. rhetoric, and that is why we are a Democrats want to target funds to H.R. 4567 would provide relief for our growing majority in the Congress and schools to hire more teachers using the senior citizens in need of home health in the country. title I formula. care. These issues are critical to many senior citizens. f They want to use the title VI for- mula. They will not use the title I for- Many senior citizens have attempted A HISTORY LESSON WORTH mula, when title I is the most success- to keep their loved ones in home. Many REMEMBERING ful education funding formula and it people have tried to stay in their home, The SPEAKER pro tempore (Mr. will guarantee that our Federal dollars and they are only able to do so because HANSEN). Under a previous order of the are used to hire teachers and, in turn, of the benefits of home health care. House, the gentlewoman from Califor- reduce class size. In my home State of Kansas, a num- nia (Ms. WOOLSEY) is recognized for 5 Democrats also want to help schools ber of those agencies that provide minutes. reduce class size by financing school home health care services have already Ms. WOOLSEY. Mr. Speaker, my col- bond initiatives. Too many American closed their doors. And for the people leagues on the other side of the aisle students are trying to learn in crum- that they provide services to in rural need to brush up on their history les- bling, unsafe school buildings or in areas and small communities, the loss sons. When they talk about block temporary trailers which have turned of their home health care agency often granting the President’s teachers ini- into permanent trailers in school park- means a loss of this service, resulting tiative to put 100,000 more teachers in ing lots. in increased cost and a lessening of the the classroom, they should start by re- Democrats also want many of our quality of life. viewing the history of the cops on the students that are already missing out Home health services provide senior beat program. on technology and being part of the citizens with the opportunity to re- In 1995, House Republicans voted to technology superhighway to help their main in their own homes with their eliminate the cops on the beat program schools get wired. own families, and ultimately they save October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10887 Medicare program costs, which exist I take to the well today to issue a The SPEAKER pro tempore. Under a because of the alternative being hos- challenge to my colleagues from both previous order of the House, the gentle- pital care or long-term care. San Diego and Atlanta. We do not woman from North Carolina (Mrs. While this legislation is not a perfect quite know who is going to win the Na- CLAYTON) is recognized for 5 minutes. solution, it does represent a step in the tional League pennant, but it will be (Mrs. CLAYTON addressed the House. right direction. Congress knew that decided in a day or two. I would like to Her remarks will appear hereafter in this payment system was flawed in the issue a challenge to them. I would like the Extensions of Remarks.) home health care area and assured our to bet them on the eventual winner of f senior citizens that there would be a the World Series for 1998. I have no The SPEAKER pro tempore. Under a short-term fix. We now know that this doubt that it will be the New York previous order of the House, the gen- new ‘‘short-term fix’’ will last a long Yankees. tleman from Pennsylvania (Mr. FOX) is time, causing continual problems for And let me say that I would be more recognized for 5 minutes. home health care agencies and the peo- than willing, when the Yankees win, to (Mr. FOX of Pennsylvania addressed ple that they serve. take them on a tour of the Bronx. The the House. His remarks will appear This new payment system that we Bronx has come back after many years hereafter in the Extensions of Re- are told is waiting in the wings is now and we are very, very proud of the 1.3 marks.) not going to be ready until next year million people living in the Bronx and f and perhaps not even until the follow- very, very proud of what the Bronx THE TRUTH NEEDS TO BE TOLD ing year. Bombers, the New York Yankees, have ABOUT HEALTH CARE We simply cannot afford to close this accomplished. session of Congress without the Senate So since we probably will be out of The SPEAKER pro tempore. Under addressing the bill that the House has session by Thursday or Friday and we the Speaker’s announced policy of Jan- already passed, without incurring dire might not know who the Yankees will uary 7, 1997, the gentleman from Illi- nois (Mr. HASTERT) is recognized for 60 consequences to the citizens of this face, I want to issue a challenge again minutes as the designee of the major- country. to my colleagues from both Atlanta ity leader. The Medicare home health care pa- and San Diego. I would be very happy Mr. HASTERT. Mr. Speaker, I just tients in this country and in Kansas to take a tour of their district, if their want to weigh in with the previous desperately need reforms. I urge the team wins, but of course their team speaker. I did also teach for 16 years in Senate to join the House in passing will not. So I want to invite them to Illinois, and I see the rhetoric and have this bipartisan legislation. take a tour of the Bronx after the New heard the rhetoric that has been flying f York Yankees win the World Series. across the room these last couple of The SPEAKER pro tempore. Under a f days, and it amazes me too a great previous order of the House, the gen- deal. When I think about education, I b tleman from New York (Mr. MCNULTY) 1630 think about putting good teachers in is recognized for 5 minutes. LEAVE THE RUNNING OF SCHOOLS the classrooms. All the other folderol Mr. MCNULTY addressed the House. TO THE SCHOOL BOARDS and bells and whistles, sometimes it His remarks will appear hereafter in helps but it does not make the dif- the Extensions of Remarks.) The SPEAKER pro tempore. Under a ference whether kids are learning or previous order of the House, the gen- f not. tleman from Washington (Mr. I think the effort that we have put A WORLD SERIES CHALLENGE METCALF) is recognized for 5 minutes. into this bill, that we anticipate to Mr. METCALF. Mr. Speaker, I am a The SPEAKER pro tempore. Under a have moving forward, to put the re- former teacher from Everett, Washing- previous order of the House, the gen- sponsibility back home with local ton. Over the 30 years I have taught in school boards and with moms and dads tleman from New York (Mr. ENGEL) is Everett, there are now thousands of recognized for 5 minutes. and teachers and school board members former students in Washington State Mr. ENGEL. Mr. Speaker, the 17th so that they can do the best job and de- and scattered across the Nation. I congressional district in New York cov- cide who the teachers are that should know how crucial the education im- ers a large part of Bronx County. We be in their classroom, instead of having provements in this budget are. somebody in Washington, D.C., in the affectionately call Bronx ‘‘the Bronx,’’ We must now make education one of Department of Education, deciding it is one of the only places in the coun- our top priorities. Yet, we are all well which school district should do which try where we put the ‘‘the’’ in front of aware that Washington, D.C. cannot and how many people they should have it. I am Bronx born and bred. The run our schools. It would be a disaster in every classroom, let us keep that de- Bronx is not only famous for the Bronx for us to try. Our mission is to support cision back home. Zoo and for the Bronx cheer, but it is education but leave maximum power Mr. Speaker, I rise today to discuss also famous for the Bronx Bombers, no- and authority at the State and local another issue, and I think it is an issue tably the New York Yankees. levels. of great importance to the people of And last night at the close of the last Our school systems worked so well this country, and that is HMO reform, vote, I flew back to New York to be at when the parents and the local school or managed care reform. Over the last Yankee stadium and watch the New boards had full responsibility for local days also I have heard great partisan York Yankees win the American schools. However, the financing of edu- rhetoric on this floor about this issue, League pennant and now the World Se- cation has not kept pace, so our best and I rise today, Mr. Speaker, with ries will begin Saturday night at Yan- course now is to provide all the money some of my colleagues who are also kee stadium. possible and leave the actual running concerned about the truth, to set the I was raised just a few blocks from of the schools in the hands of the local record straight. Yankee stadium. When I was boy I used school board and of the teachers, re- Mr. Speaker, I understand that this to walk to Yankee games. Now I look membering, however, that the parents is a political time of year. People are forward, Saturday night, to seeing the must retain ultimate control of schools running for election. They are looking Yankees march on to win the World Se- or the system will fail the students. for political issues, and I know that we ries. will listen to all kinds of exaggerations This year, Mr. Speaker, the Yankees f and partisan debate on this floor but set an American League record, win- The SPEAKER pro tempore. Under a there is no excuse, Mr. Speaker, for the ning a record 114 games. And, of course, previous order of the House, the gen- kind of nasty and misleading informa- this week’s Baseball Weekly has a pic- tleman from Minnesota (Mr. MINGE) is tion I have heard over the last few ture of Bernie Williams on the front recognized for 5 minutes. days. The truth needs to be told. page, and it says, Bronx Battlers, and (Mr. MINGE addressed the House. His For six months, 15 of my colleagues so we are very, very proud of that in remarks will appear hereafter in the and I sat down around a table and con- the Bronx. Extensions of Remarks.) sidered the problem of HMO reform. H10888 CONGRESSIONAL RECORD — HOUSE October 14, 1998 Let me say at the outset, it is a very group of people out there believe; that or the lung specialist, we should be real problem. We know that from time people ought to be able to go to the able to get in to see that doctor within to time, in a very deliberate situation, courts and if they are sick and cannot a very short frame of time so that we that people do not always get the care get the health care they need they can get the kind of care we need. that they think they should need and ought to sue. It really does not make any sense to their doctors tell them that they If they end up suing people, the only expand a failed system that does not should have. So it is a very real prob- folks that probably will get benefits work in a vain attempt to solve a real lem. from that are the heirs because by the problem. The solutions we came up People believe that HMO bureaucrats time the lawyers and the courts get with are certainly timely. We give peo- have too much control over their done making the decision on health ple a timely access to review. health care, and people are afraid that care, which needs to be done in a time- Otherwise, if our doctor says that I their health care will not be there for ly basis, they are probably, in many, think you should have this treatment, them when they need it. many cases, not going to be there to and the HMO says well, the doctor My colleagues and I sat down and lis- enjoy that health care treatment. The thinks that, but we are not going to tened and learned about the problems care needed should be between the pa- pay for it, we can immediately go to a in the health care industry. We lis- tient and the doctor. doctor for an appeal, an independent tened to the people who were the advo- I guess that is one of the predicates third doctor for an appeal and have cates of the consumers. We listened to that we set down in trying to develop a that second doctor say I confirm or I doctors. We listened to the health care health care program off of, that the re- disagree. practitioners. We listened to the people lationship between a doctor and a pa- Then if that second doctor disagrees, who bought health care for people who tient is pretty special. That relation- then we have the ability to go to a worked for them. We listened to the ship between a doctor and a patient panel of experts and have them get us people who owned and worked through also should be sacrosanct. in in an urgent care situation into a the companies that insure workers and In the health care situation, espe- hospital room or into the doctor’s of- people who buy insurance. cially with HMOs or managed care, fice or into the operating room within Through this whole thing, we tried to doctors are contractees or, in a sense, 72 hours in an urgent type of situation. listen and understand what the abnor- some type of an employee of the HMO. We also believe that, if we wake up in malities of the market were. Why were When they tell us that we should have the morning or in the middle of the people not getting the health care that this type of treatment or they give us night, heaven forbid, and we have chest they needed? We did not attempt to use this prognosis, and this type of care pains and we really think that we are tragedy for political gain, as I have should be taken care of in health care, having a heart attack, we need to get heard some folks shamefully try to do then that is the care that we should to the hospital right away. We should on this floor. We listened, and after 6 get. not have to call an insurance company months of listening to scholars and pa- We should not really have a green- or the ‘‘company doctor’’ before we can tient advocates and providers, we sat eyed guy or somebody who is the clerk get in to the emergency room. down to begin to solve the problems. of the office answer the phone and say, This bill says we have an expedited We came up with a proposal to give oh, by the way, Doc, we are not going procedure that we can get us into an people assurances that their health to give that care. That should not hap- emergency room immediately, the care would be there when they need it pen. Does it happen? Yes, unfortu- emergency room that is closest to us and we did it without the heavy hand nately it does from time to time. and most convenient to us, that we can of government. It is happening less and less, but as get there, and we cannot have us 3 days The last thing that most people want cost crunches go on, we will see that later saying, well, I thought I had a is some bureaucrat in Washington, or some insurance companies, some insur- heart attack, but the company doctors some bureaucracy in Kansas City or ance companies are bad actors, and said and insurance company said, well, wherever it might be, saying that we they are controlling the amount of you really only had heartburn and we have to go to this doctor, we have to health care that their customers or the are not going to pay the bill. We are have this kind of treatment, we have to patient can get. not going to let that happen. have HCFA, which is the health finance We think that is wrong. We do not There is a piece of legislation where organization of the Federal Govern- think that insurance companies should we expedited people in health care, we ment, prescribing what kind of health limit doctors in being able to tell the got them in the emergency room, and care individuals get. There are some in patients what they think is, first of all, they got the urgent care that they this Congress that would like health wrong with them and, secondly, what needed. care to be prescribed by the Federal they think the prognosis or the care We also thought that the common Government, to control our health should be. sense approach here is most women care, our family’s health care, what That contract between the doctor who have to get health care go to the our children’s health care is going to and the patient is sacred. When a doc- OB/GYN, and they go on a yearly basis, be in the future. tor tells the patient what his illness is so why should they have to go to an There are many of us who do not and what he thinks the care should be, HMO, in to an independent care giver think that the Federal Government that ought to be carried through. We or a gatekeeper or the doctor that is should be able to do that and to micro- should not have a green-eyed person or the general practitioner, just to go to manage what kind of health care we a clerk telling us to do this a different the OB/GYN to get their health care? should get. We think that people ought way. The OB/GYN ought to be the doctor to make choices, that doctors ought to It also sets us up in another situa- of first reference, because that is where make decisions and that health care tion. We need to be able to not allow most people go. We should not have to ought to flow between that relation- insurance companies, then, to gag, go to a third party to make that hap- ship between a doctor and a patient. what the word is, gag doctors from pen. So we make that ability to go di- There are two ways to address the being able to limit what doctors could rectly to the OB/GYN an important HMO problem. We can throw the prob- tell their patients. piece of this legislation. lem to the courts to decide or we can In our health care bill, one of the The same way with families with establish a common sense process that things we did was to put a stop to it, children. If we have three kids, the gets people the care they need up front. that insurance companies could not chances are the doctor that we take We really want, Mr. Speaker, people to gag the doctors. We also said that, if those kids to is the pediatrician. We get their health care in doctor’s offices we needed expedited health care and a should not have to go to a general and hospital rooms. We do not want specialist, we should be able to get in practitioner before we take our kids to them to get their health care by suing to see that specialist within 72 hours, the pediatrician to get service. That is and ending up having to go to a law- and that we should not be denied, if a common sense. We make that happen yer’s office or a courtroom to get their doctor says that we need to see the in this bill that the people have that health care, and that is what the other heart surgeon or the cancer specialist immediate access. October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10889 We also go ahead, and we try to do a reach of the coverage that they are any other of the big employers in the few other things and try to make sure promised in their insurance. There is country? This provision in the bill that the people are aware of what their some concern about that. The concern when we pass it out of here, and I think insurance policy covers and that they is that if they get sick, they will not we will get it early next year because have an appeal process. If they think get the care they have been promised. it is an idea whose time has come, will they should have some type of treat- They will not get the care that their make health care available to millions ment, and they are not getting it, they physician has prescribed. They have who currently do not have it. It is the can have an expert tell them what they some reason for that concern, Mr. only bill that does that. are entitled to and what they are not Speaker. We have all heard about these I will say, Mr. Speaker, we were en- entitled to. We think that is impor- horror stories around the country. lightened on that issue when at a press tant. They ought to know that up They are not just horror stories, they conference a reporter asked a very im- front. are horrible stories. People losing their portant member of the other body what They also need to have their health children because an HMO turned down the administration bill does for the un- records kept in confidence, that that the care that their physician had rec- insured. He thought about it and said, information that their doctor accumu- ommended, pregnant women not being with his typical candor, ‘‘Not much.’’ lates or their pharmacy accumulates allowed to go into the hospital when That is true. It did not do anything for should not be handed off to another they have high-risk pregnancies, sen- the uninsured. This bill would make company so that they can be solicited iors being denied chemotherapy on the health care available to millions of for some type of medicine, that peo- grounds that it was supposedly experi- people who currently do not have it. It ple’s health care and their records of mental. These are horrible stories. We is part of the whole idea behind this health care are sacrosanct, and that should not have that. We do not have bill, to provide health care to people confidentiality ought to be in place. to have that. We can have a system when they need it, when their physi- No amount of money is sufficient. If that refocuses the health care system cian prescribes it, without big govern- we do not get the health care we need, and the power in the system on the pa- ment. if we do not get the type of service that tient and on their physician. That is But the feature I am up here to talk we need, if we do not get the ability of what the Patient Protection Act does. about and I am going to be yielding to continuing the access to health care The gentleman from Illinois has talked other Members of Congress to talk that is there, those, I think, are the about some of the good things in it. I about other features in the bill, the very, very important things. am going to be yielding to people in a feature I want to talk about, Mr. few minutes to go into greater depth Speaker, is the accountability features b 1645 on that. in the bill. The gentleman from Illinois I had about 15 folks who worked with Let me just say the bill does two (Mr. HASTERT) referred to this gen- us on a very, very diligent basis and things that are very important and it erally, but what we did, we worked on tried to put together a piece of legisla- is the only bill that was before the this for months and months and came tion that worked. House this year that did these two up with the tightest, best accountabil- At this time I would like to recognize things: The first thing, it expanded the ity procedure anywhere in this country my good friend from St. Louis, MO (Mr. coverage that was available, good pri- to ensure that patients get the care TALENT), to whom I will yield the bal- vate sector coverage available to peo- their physician recommends at the ance of my time. ple around the United States. At any time their physician recommends it, f given time about 42 million people do notwithstanding some bean-counter at not have health insurance coverage, the HMO. It is low-cost to the patient, REPUBLICAN MANAGED CARE working people. But they work for em- it is easily accessible, it is quick, and REFORM ployers, typically small employers who it is certain. I think it is going to be a The SPEAKER pro tempore (Mr. typically cannot afford to provide the model that will be used in States, and HANSEN). Under the Speaker’s an- coverage to them. Our bill had a fea- I certainly hope in Federal legislation nounced policy of January 7, 1997, the ture in it that no other bill had that we when we pass it next year. gentleman from Missouri (Mr. TALENT) have needed to do for decades here that Basically what it does is this: The is recognized for the balance of the makes perfect common sense and problem now is that if you belong to a hour as the designee of the majority would make good, solid, private sector plan, an HMO, let us suppose your phy- leader. health care available to millions of sician recommends care for you or your Mr. TALENT. Mr. Speaker, I thank those people who currently do not have family. I will just take an example. Let the gentleman from Illinois for yield- it. The gentleman from Illinois (Mr. us suppose, because I have three chil- ing to me and for all his really excel- FAWELL) is going to discuss it later, dren, Mr. Speaker, 8, 6 and 2. None of lent work on this bill. It is a great but briefly, Mr. Speaker, it is the con- them have a problem with their ears. pleasure to get up and talk about the cept of association health plans. All Some kids have a constant problem Patient Protection Act which passed that means is that these small busi- with ear infections. With my kids it is the House this year. We made enor- nesses who cannot afford them, they sinus infections. With some people it is mous progress in the direction of en- may only have 5, 6 or 10 employees and ear infections. Let us suppose that suring that people get the care that cannot afford to go through all the ad- after two or three times the pediatri- they need and that their physician has ministrative costs and the hassle of of- cian says, for a 4 or 5-year-old, ‘‘Look, prescribed when they need it and that fering health insurance, can pool to- we got to put in the ear tubes.’’ That is we could do that without big govern- gether as associations. Then the asso- a very common procedure. So you call ment. It was a great bill. It passed the ciation is a sponsor of a health plan up the HMO and they say, ‘‘No, we House. Unfortunately it got caught up and the small business can send its em- don’t think that’s medically necessary. in politics and some partisanship both ployees to that health plan, can put up So we’re not going to pay for the ear in the other body and on the other end some money for the employees, they tubes.’’ What would you do today? of Pennsylvania Avenue and that is un- put up some money on their own and What would you do without this bill? fortunate. We have all heard some they are able to buy health insurance You would either pay for the ear tubes specimens of that this afternoon. But from a plan that can offer them all the yourself or you would file some amor- that should not keep us from talking choices that currently employees of big phous appeal with the HMO that would about this bill and what it would do for companies have. Why should an em- take months and months and months people, because, as I said before, we ployee just because he or she happens and then they could turn it down and have made an enormous amount of to work for a restaurant have no health never tell you why and if you wanted progress. We need to make progress in insurance offered to him or her or have to then you can go to court and sue this area. fewer choices offered to him or her them for the cost of putting in the ear When I go around my district and than somebody would if they worked tubes and who is going to do that? It is talk with people about health care, for IBM or they worked for Emerson just not a feasible procedure for the av- they are concerned. It is less about the Electric or they worked for Boeing or erage person who belongs to an HMO. H10890 CONGRESSIONAL RECORD — HOUSE October 14, 1998 Under this bill what you could do is provides for that. You get an external for these HMOs. For the very same rea- this: You could immediately file an ap- review with no threshold. It does not son that they have been denying care peal, what we call it is an internal re- have to be a $1,000 claim or a $5,000 in the past, they are going to be grant- view. The first stage is an internal re- claim or a $10,000 claim, and it should ing care now because they are going to view before a physician in the plan. It not be. If it is a $200 claim but it is re- know, it is going to end up costing would have to be a physician. No more quired under the insurance contract, them more money if they deny the care would the plan be able to turn down you should get it. up front. So I would anticipate that the care your physician has rec- I yield to the gentleman from Geor- few people would have to go to court. ommended on the authority of an ac- gia. But that hammer is there. If they spin countant, or even a nurse or some Mr. NORWOOD. There was another people along, if they do not pay when other allied health care professional. bill before us in Congress, those from they are supposed to pay, you go to So immediately you would get a review the left had a managed care reform court right away. In fact, as the gen- before a physician in the plan. That re- bill, too. Did they have a threshold in tleman knows, you can go to court up view would be either within 3 days if their bill? front in an emergency situation to get your physician said it was an emer- Mr. TALENT. Yes, they did. an injunction, an emergency injunction gency situation, 10 days if your physi- Mr. NORWOOD. Do you know what to order them to pay. Florence COCH- cian said it was urgent care or 30 days that threshold was? RAN, the very unfortunate lady who if your physician said it was routine Mr. TALENT. I will reclaim my time. had a high-risk pregnancy and her doc- care. This would probably be consid- I am sorry for stepping on the gentle- tor wanted her to go into the hospital ered, absent some kind of really bad men’s comment there, but they said it and the HMO said, ‘‘No, we don’t think side effect of the infection, a more or had to be a significant claim. Then it it’s all that high risk a situation,’’ she less routine situation. But that would left that up to the Department of could have gone to court under our bill, be up to your physician, the treating Labor to define. We said any claim that got an injunction to allow her to go physician, to say whether it was emer- you feel you are not getting coverage into the hospital right away and then gency, urgent or routine care. If the on that you have been promised cov- because it was an emergency gone plan did not return a result from the erage, you can go to external review. through this internal and external re- appeal within the time limit specified Mr. NORWOOD. Does that not mean, view procedure within about a week to in the statute, the appeal would be then, many cases of patients who were establish the right that she had the taken as granted and the care would be in HMOs who had a claim that was right to have that hospital care paid paid for, so they could not spin you out being denied, many of those people for. and deny the care just by indecision. would not have an external appeals Mr. NORWOOD. If the gentleman will So you go before the plan physician. process through their plan, do I have yield further, would Mrs. Cochran have Let us say the plan physician backs up that right? been able to go into court imme- the plan, says, ‘‘No, I don’t think it’s Mr. TALENT. That is absolutely cor- diately? medically necessary, either.’’ Then you rect. I thank the gentleman for raising Mr. TALENT. Yes. would get an appeal to an external the point. We all know on that task Mr. NORWOOD. Once the benefits of panel of independent specialists. Our force it was the gentleman through his the plan were denied, she would have bill was the only one that provided for efforts who made sure that this bill did been able to get to court immediately. easy, low-cost access to a panel of inde- not have a threshold. Then again, after Because her case was not just routine pendent specialists in this field. In this external review if the plan still does care, it bordered at least on urgent and case it would be pediatricians, and so not pay, you go to court immediately. perhaps emergency. So she could have the plan would have had to contract, You do not have to wait until your gotten into court immediately. let us say, with the Mayo Clinic or the child has lost his hearing. You do not Mr. TALENT. And it would have been local research hospital, they would have to wait until somebody has got up to her physician to decide whether make their pediatricians available, it really sick and died and then maybe 4 it was emergency or urgent care which would be a double-blind kind of situa- or 5 years later after you have run the then triggers the time limits in the tion. The plan would not know who the gauntlet in the State court system you bill. Moreover, if the plan had denied pediatricians were who were reviewing can try to sue for recovery later on, coverage after the external review that case, the pediatricians would not you can sue right away for penalties up panel had said it was covered, as the know the name of the patient, just the to $250,000 in addition to attorney’s gentleman knows, the $250,000 penalty information before them. Then these fees, court costs and the cost of the is a per diem penalty, a per day pen- specialists would make a decision treatment. There are others who want alty. Every day they do not pay, they about whether it was medically nec- to speak on this bill, Mr. Speaker. I am would be liable for up to $1,000. Why? essary. If they said it was medically eager to have them do it. Because we are not trying to promote necessary and the plan still refused to Mr. NORWOOD. If the gentleman will litigation in this. We want the treat- pay for the care, you could go imme- yield further, I wanted to ask him a ment covered when the physician has diately to court. When you went to question, if I could, about the court recommended it. And so what we are court, you could sue not only for attor- remedy. One of the things I keep hear- saying to the HMOs, ‘‘Pay and don’t ney’s fees, not only for the cost of the ing is that under our bill, patients delay because the longer you delay the treatment, not only for the court costs could not sue an HMO and under the more you’re going to have to pay after but for a penalty of up to $1,000 a day Democratic bill they said you could sue a few weeks or months.’’ up to $250,000 if they refused to pay the an HMO. I believe that is incorrect in- Mr. NORWOOD. If the gentleman will cost of providing those ear tubes. What formation. Under our bill, you can sue yield further, I am not an attorney and are the plans going to do, Mr. Speaker? HMOs, but, in fact, without our bill, I know that the gentleman is, but ex- Under those situations they are going you can sue HMOs. plain to us as an attorney how attor- to say, ‘‘We better pay because if we Mr. TALENT. There is a major dif- neys would be able to take cases today don’t pay up front now, we’re going to ference. Under our bill, you do not have where benefits are denied and patients end up paying up front, we’re going to to die first. You can sue to get the can sue their HMOs today for benefits, end up paying in a few weeks anyway. treatment that you need. Because the but what if the benefit was only $1,000? And in addition we’re going to have to emphasis here, and I appreciate the Can an attorney afford to take a case pay all these attorney’s fees and we’re gentleman’s comments, I say, in all like that, that is $1,000, not knowing going to get whacked with this huge good faith, the emphasis here is on giv- whether they will ever be paid for their penalty.’’ ing people the care they need when services that may run up $20,000, their The key to this plan, and we have they need it. We want people in the fees. outlined it here, from the time the ini- treatment room, not in the courtroom. Now, the change in our bill, how does tial claim is denied, within a matter of I would anticipate that very few people that help that? weeks you get an internal appeal be- would have to go to court. Because we Mr. TALENT. It would be borderline fore a physician. It is the only bill that have changed the incentives in this bill because under the law today you are October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10891 allowed attorney’s fees. So it would be House Working Group on Health Care which would result in many Americans a borderline type of situation. In many Quality to reflect on the critical legis- losing health care coverage. The Pa- cases the lawyer would just say and the lation passed by the House in July, the tient Protection Act, on the other patient would say, ‘‘It’s not worth it.’’ Patient Protection Act. hand, is the only health care reform Why do I want to go years and years Mr. Speaker, unfortunately politics proposal that creates new health care and years in court with the plan having has taken precedence over policy with choices so that more, not less, Ameri- every incentive to spin out the case as regard to reasonable health care re- cans can have access to affordable long as possible? So ours is an improve- form. I want to share with Americans health care. ment in a number of different respects. some key provision of the Patient Pro- Mr. Speaker, the Patient Protection First of all, the $250,000 penalty, which tection Act that will not come to fru- Act recognizes that reform means is triggered by delay, we are saying to ition because some Members of this nothing to those Americans who can- the plans, ‘‘Every day you delay it Congress would rather resort to dema- not access health care. The Patient costs you more. We want you to pay goguery on the issue rather than actu- Protection Act is an excellent starting when this panel has said you should ally do something to improve Ameri- point on the road to quality affordable pay.’’ In addition, you can go to court ca’s health care. health care for all Americans. It is my right up front to get an emergency in- As my colleague has pointed out, we hope that next year Congress will rise junction in those cases where a life is are interested in making sure all above political rhetoric and dema- really at stake. Any judge is going to Americans have health care when they goguery and protect America’s patients say, ‘‘The treating physician has rec- need it, not have to go to court to fight and families as well as America’s unin- ommended this care, it’s an emergency for it. sured. situation, there’s some kind of a con- I have approached the health care de- Mr. TALENT. Mr. Speaker, it is my tract dispute, I’m going to put this per- bate from two different perspectives, pleasure now to yield to the gentleman son in the hospital while you take the the first from that of a professional pa- from Florida (Mr. BILIRAKIS) for such necessary week or 10 days or whatever tient advocate and the second from comments as he would wish to make, it is to resolve this matter.’’ that of a former small business owner. and I will just add in yielding to him So we have expedited the process, it As a professional patient advocate, I that Mr. BILIRAKIS has been a leader in is low cost to the patient as the gen- have dedicated my life to ensuring the this field both of health care reform tleman knows, it is swift, it is sure, it sanctity of the doctor/patient relation- and patient protection and access to is certain, it is a way of getting people ship. It is that relationship, the rela- health care for a number of years and the care that they need. I will just say tionship between a patient and their did outstanding work in this task to the gentleman, then I will close and doctor that results in high quality force, and it is a pleasure to yield to yield to the gentlewoman from New care. To that end, the Patient Protec- him. York to discuss a different aspect of tion Act includes several provisions Mr. BILIRAKIS. Mr. Speaker, I the bill. that recognize the distinctive health thank the gentleman for yielding to me I was asked during this debate on the care needs of patients, especially and for those kind remarks. bill by somebody who said to me: Look, women and children. Mr. Speaker, Congress had a tremen- suppose they have this situation. A For example, the Patient Protection dous opportunity this year to expand person has an infected leg, and his plan Act provides women with direct access health care access to the uninsured as physician recommends institutional to their OB/GYNs without authoriza- well as to the insured and, at the same care in a hospital. The plan turns it tion or referral by a primary care phy- time, provide better protections for the down, the infection gets worse, the per- sician. It also gives parents a very im- patients of managed care providers. sons loses the leg, what can they re- portant right, access to a pediatrician Earlier this year the House com- cover? Under your bill, what could they as their child’s primary care provider. pleted its job and passed health care, recover from the plan? Other patient protections in the bill health reform legislation. Unfortu- include providing new avenues to nately, the Senate was not able to de- b 1700 health care coverage where quality and bate and approve a similar bill. I am And I said, ‘‘Well, they can get attor- choice are available by requiring deeply disappointed by the fact that ney fees, they can get costs, they can health plans to offer a point of service the Congress was unable to work in a get $250,000 in penalty, they can get the option. The measure also includes a bipartisan fashion and reach agreement cost of the treatment, and they get prohibition on gag rules that are often in this very important issue, and I hon- their leg because that leg is not lost.’’ placed on medical providers as well as estly feel let down because many days And that is the whole point. Nothing ensures access to emergency care by and hours, early and late, would have I think differentiates the different ap- eliminating preauthorization require- gone for naught because many needed proaches that were before this House in ments for emergency services, allowing patient protection reforms would not that example. a patient to access emergency services be available for patients. We have written this as air tight as from any emergency service provider This situation, Mr. Speaker, we are you can write it, and where that care is and demanding that coverage is based in today is similar to what we went medically necessary, where the treat- on patient symptoms rather than a through in 1994. At that time we had ing physician recommends it, the per- final diagnosis. the Rowland-Bilirakis health bill side- son is going to get the care that they However, while it is of utmost impor- tracked by the then Democratic major- need. tance for Congress to protect patients ity leadership because the large num- That is what America wants, and in today’s managed health care mar- ber of cosponsors from both parties they want it without litigation, they ket, it is also our responsibility to be meant sure passage, sure passage if the want it without big government, they mindful of producing a bill that does bill had been allowed to come to the want people in treatment rooms, not in not have dire consequences such as floor. A couple of years later, many of courtrooms, and, as in most cases, the making health insurance too expensive the same provisions, I would say most American people got a lot of good com- for American families and businesses. of the same provisions, were contained mon sense in this. That is what this The Patient Protection Act does not in the Kassebaum-Kennedy bill which bill would have given to them. I am turn its back on the financial impact was enacted into law, but the Amer- very glad it passed the House. I think health care reform might have on fami- ican people would have had those re- it is the starting point for legislation lies and businesses. The President’s forms available to them 2 years earlier next year. health care proposal does nothing to under the aforementioned Rowland- And I am very happy to yield to the address the 42 million uninsured Amer- Bilirakis bill. gentlewoman from New York (Mrs. icans, many of whom work for small As our task force worked on the Pa- KELLY) for any comments she may businesses or are self-employed. In tient Protection Act, I believed it was wish to make. fact, the Congressional Budget Office necessary to include provisions on Mrs. KELLY. Mr. Speaker, I rise reports that his proposal could result health access to the uninsured as well today to join my colleagues from the in a premium increase of 4 percent as those who are insured. After all, we H10892 CONGRESSIONAL RECORD — HOUSE October 14, 1998 have to ask ourselves what good is in- want their personal health evaluated economies of scale so they can do what surance if one does not have access to by someone who they can trust, and I the large businesses and unions can do. basic medical care? Both expanded care feel it is our responsibility as Members And what the large businesses and for the uninsured and increased patient of Congress to move forward in order to unions can do is they can, because they protections were accomplished, as oth- make this goal a reality for all Ameri- have the economies of scale, they can ers have already said I think, in the cans. self-insure, and when they can self-in- Patient Protection Act without, with- And finally, Mr. Speaker, I want to sure, Mr. Speaker, that means that out imposing burdensome government personally thank both you and Con- they have the ability to use clout and mandates. gressman DENNY HASTERT and of be able to bargain with health care pro- One principle way our bill expanded course all of the members of the task viders or be able to bargain, for in- health access was by broadening the force with whom it was such a pleasure stance, with indemnity insurance com- role of community health centers. Cur- to work for their leadership in this panies and HMOs to bring the price rently there are 42 million uninsured issue. Both of you, both the Speaker down and to demand that there be the individuals in the United States. Our and Mr. HASTERT, have done a tremen- highest possible quality that can be bill made it easier for community dous job in bringing health reform be- given to their employees. fore the House of Representatives this health centers to offer health care to b 1715 those in medically underserved areas. year. I will continue to be supportive of H.R. 4250 would have saved money be- your efforts during the 106th Congress. This ERISA statute is often mis- cause patients would have used more Mr. TALENT. Mr. Speaker, I appre- understood, but it enables employers efficient forms of care. ciate the gentleman’s comments, as al- who are, by the way, not pro-health The bill also created community ways, about this bill which would have care provider nor pro-insurance com- health organizations which are man- expanded the reach of private health pany. They are pro-consumer. They are aged care plans controlled by commu- insurance to millions of people who pro and for the employees of their com- nity health centers. H.R. 4250 elimi- currently do not have it and then help pany. And the large corporations all nated state requirements preventing to guarantee that those who do have across America utilize this ERISA community health organizations from health insurance get the care they need statute to have some very innovative participating in the health market. when they need it, when their physi- and creative legislation. H.R. 4250 also encouraged more com- cian recommends it and done that In fact, it covers about 132 million petition in order to lower prices for without big government. It was a good people who get their health care from health consumers. Community health bill. It is a shame we could have closed employer provided ERISA health care centers would have had more money ranks behind it. plans. And this legislation was simply because they would have had more pri- Mr. Speaker, nobody did more to suggesting that because the 43 million vate paying patients using their facili- fight for this bill and to fight for the people in America who do not have ties, and, as a result, these health cen- interests of people who currently do health care are largely people who live ters would have provided care to even not have health insurance than the in homes where the breadwinner is em- more uninsured people. gentleman I am pleased to yield to ployed by small businesses or is self- In addition, the Patient Protection next, the gentleman from Illinois (Mr. employed, where obviously they do not Act also created important new safe- FAWELL), and I just want to say about have the economies of scale of large guards which have been mentioned pre- him that he has fought tirelessly year businesses or large unions, that this viously and gave patients greater ac- after year after year to make associa- legislation suggested the very elemen- cess to high quality health care. The tion health plans a reality, he has tary idea that, why not allow small bill included a provision that enabled talked to small business people, he businesses to also band together mul- employers to pull together in health talked to employees of small business tiple employer health care plans under marts, a voluntary choice market people and he knows that patient pro- association health care plans, which where small employers could have ob- tections are not worth anything if you would be churches, associations, the tained low cost and high quality cov- do not have health insurance, as the Boys Club of America, for instance, erage through the fully insured mar- gentleman says. And so it is a pleasure farm groups, the National Chamber of ket. Of course the Patient Protection to yield to him for such comments as Commerce, any number of business as- Act also included, as we have already he might wish to make. sociations which are solid people, they said so many times, important new pa- Mr. FAWELL. Mr. Speaker, I thank are interested in their members. And tient protections. the gentleman very much, and I do why not let them therefore sponsor For months people across the coun- want to commence my remarks by these associations, and therefore they try told Congress that they wanted to lauding Chairman HASTERT who too would have the ability because choose their own doctors. Well, we lis- brought a tremendous group of, yes, they have the numbers to be able to tened to our constituents. In fact, Republican Members of the House to- self-insure and to be able to have the through our bill patients were guaran- gether, all of whom had varying de- ability to talk to health care providers teed their choice of medical providers. grees of experience in health care, and and to bring the price of health care We also made it easier for patients to they worked, they have worked so down, and that is what managed care is determine what their health plans cov- hard, and they came up with a bill that all about, and be able to also deal with ered. People would have actually un- I think the Patient Protection Act was indemnity insurance companies, the derstood their health care policies be- a very fine piece of legislation. Unfor- regular indemnity insurance compa- cause descriptions would have been tunately so much has happened. The nies, and be able to experience rates, written in plain English. President’s problems and other matters for instance, on the basis of their par- Mr. Speaker, again Congress had a have come along, and we have not had ticular smaller employers and employ- great opportunity to follow through the light shine upon this legislation to ees. with its commitment to reform health bring forward its many, many good That is what large corporations do. I care in our country, and I challenge parts to which reference, a lot of ref- think that is why most people who are those that support patient rights to erences have already been made. employed by large corporations do put people ahead of politics and agree I think that the expansion that we have good solid health care coverage, to work with us instead of against us. were talking about here of the ERISA and with a lot of choices too. That is Next year we must continue our fight statute, for instance, so that small awfully important. That means they for the uninsured. They deserve access businesses can have the very same ad- have fee-for-service choices and things to health insurance, and we will not vantages that unions and large busi- of that sort, which we would like to see stop until we achieve this goal, and in nesses have had for many, many years occur. addition we must help those who want to be able to give to small businesses As it is right now, the 43 million peo- to choose their own doctors instead of the ability to be able to band together ple, of course, have to go out into the allowing their insurance companies to into multiple-employer health care individual market and, one by one, choose their doctors for them. People plans and so that they can have the they do not have the economies of October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10893 scale, they do not have the clout and really anti-selected. Forty-three mil- last three years, it has been Repub- the ability to do what larger corpora- lion cannot get health care. licans who have said we have to deal tions can do. We have to do something about it. If with some of these issues. So this legislation, for instance, that we do not do something about it, I Now I would like to just focus in on is just one part of this legislation. It is would suggest that the private market maybe two things. It is the two things an idea whose time is long past due. I is going to get a real black mark and I think about health care reform right will not see it come to fruition, but somebody is going to talk about let us now that are most important, and it people like the gentleman from Mis- go back to the Clinton plan or some- has to do with principles like freedom, souri (Mr. TALENT), the gentleman thing like that, when we do have the freedom to choose your own doctor. It from Georgia (Mr. NORWOOD), and so ability to be able to do something has to do with principles, such as being many of the other fine people, the gen- about it. responsible for the decisions you make. tleman from Pennsylvania (Mr. GOOD- I wish you folks well in the next ses- When I go home in my district, I see LING), the gentleman from Virginia sion of Congress. I shall be rooting for a lot of political ads out there about (Mr. BLILEY), the gentleman from Cali- the team. I hope you get the same HMOs that simply are not correct. fornia (Mr. THOMAS), the gentleman team together. And the gentleman They are being played, in my view, by from Florida (Mr. BILIRAKIS), the gen- from Illinois (Chairman HASTERT), I people who do not quite understand tleman from Ohio (Mr. HOBSON), the cannot say enough for him, because he what is going on. But one of those issues and the one gentleman from Florida (Mr. GOSS), sat there meeting after meeting after the gentlewoman from Texas (Ms. meeting. You know how many hours we that probably has been the most con- tentious is about liability. I think ev- GRANGER) and the gentlewoman from worked, how many days we worked on erybody in America should know New York (Mrs. KELLY), I hope I have this. And we had a great work product. not missed anybody, but these are all- Unfortunately, the day that I think today, even though the Federal law, ERISA, preempts any state law, in stars. These are people who really that that was passed, another event of other words, public policy at the state worked on this, and I feel the only sad terrible magnitude here occurred, a level no longer takes effect, and even part of it is they did not get this legis- shooting and murder of two fine police- though Federal law through ERISA is lation to be really allowed to blossom. men, and then, after that, the Presi- Mr. TALENT. The gentleman’s com- dent had his troubles, and I think the very solid on public policy regarding ments are very kind. I just have to say news media never even looked at this health care, it does at least say this: A patient has the right today, without us it is the gentleman’s efforts year after legislation very much as a result of passing any legislation, to sue their in- year that have brought this to the floor this. surance company or their HMO if their and I hope bring it to fruition next But it will pass eventually. It has to benefits are denied. You can do that year. pass, because it is good legislation. I It comes down to this: If you are an thank the gentlemen for their time. today. Now, the beauty of what this bill employee of, let us say the Boeing Mr. TALENT. I thank the gentleman does, this task force bill, is it improves Company, and Boeing has a very im- for his comments. that so that it works. This is all under portant division in my district with a Mr. Speaker, it is curious that this bill was opposed in this House and the contract law. It allows people to actu- former McDonnell Douglas company, ally be able to sue for their benefits, other body by people on the grounds with tens and tens of thousands of peo- because if you win that benefit after that it was too nice to insurance com- ple working for them, it is a great com- going through an external review, then panies and they opposed the provisions pany, so that company is big enough you cannot only win the cost of the in it that the insurance companies and has this huge group of people and benefit, but you can win the cost of were fighting, and that can only hap- the group is an efficient group and they going to Federal Court. That is ex- pen in Washington. Unfortunately, it can put out money and sell funds, so in tremely important, because that has happened here. effect they do not have an insurance denied people their due process because I am happy to yield to the gentleman company except maybe to administer of the $25,000 or $30,000 it took to go to from Georgia, whose efforts it is I different aspects of the plan. As a re- court to win the value of a $2,000 bene- think quite correct to say are the rea- sult, they can stay in control, they can fit. Basically nobody could go. We cor- son why this bill, a bill on this issue, provide the kind of coverage that their rected that in the House task force bill. employees want, and they have these was before the House. He has labored In addition to that, if you have been kinds of economies of scale. long and hard and against opposition denied care in a very untimely manner, Is not the whole issue why should not sometimes from a lot of different quar- then you have the possibility of win- small employers be able to band to- ters, and he has it here, and there is ning up to $250,000 appointed by the gether as groups to offer the same nobody I respect more and nobody who judge. Now, this is very, very impor- thing to their employees? They want to worked harder on behalf of patients. I tant, because all of these court cases do it, their employees want it. There yield to the gentleman from Georgia are before bodily harm or death occurs. are tens of millions of people who do (Mr. NORWOOD). That is when you need the health care. not have private health insurance. Why Mr. NORWOOD. Mr. Speaker, I thank A mother wants their child treated. should they not be able to do that? Can the gentleman for his comments. I, too, A mother does not want to go to court you think of a reason? enjoyed the 300 hours we spent on our necessarily and win $1 million in puni- Mr. FAWELL. No, I certainly cannot, task force trying to hammer out a pa- tive damages because their child died. except I suppose one might say that tient protections bill. I thought in the Now, that is the beauty of the health those who may be out there now serv- few minutes I have to talk, I would like task force bill. ing this small business community do to talk about the history and how we I had a bill known as Patient Access not want the competition, and I can got to really where we are at the end of to Responsible Care, PARC, and in that understand that. the 105th Congress. bill we were trying to give the patients Mr. TALENT. That is the other ques- Much of this started many years ago, the right to sue their HMO at the state tion. Who was it that opposed this pro- 1973 when Congress passed an HMO act, level through tort law, through mal- vision? Let us be up front about it. Was 1974, when Congress passed an ERISA practice. I still believe that is a very it not the insurance company who op- act. And then we come up to 1995, and good way to go, because what it does posed this provision? it was Republicans that dropped the for these health care accountants, it Mr. FAWELL. They did not agree health care bill. It was the Republicans makes them think twice before they with our view of the legislation. Yes, who dropped a bill to bring to the at- turn to the mother and say, ‘‘I know that is quite true. But the time has tention of the 104th and 105th Congress your pediatrician wants to have your come where I have tried to point out that there were problems in managed child hospitalized, but I am the ac- the 43 million people who have to go care. People were being denied treat- countant and I say no.’’ Then should out into the regular indemnity insur- ment, people were being rationed treat- bodily harm or death occur, that ac- ance market, for instance, which is, by ment, people were not being able to countant should be held responsible for the way, under state jurisdiction, are choose their own doctors. And, over the that decision in a state court of law. H10894 CONGRESSIONAL RECORD — HOUSE October 14, 1998 Now, unfortunately, I could not win we will have success. It is what the order has been missed by the group in that debate. In January of this year, as American people want. It is the best charge. I was pushing my bill, I was the only thing we could have done in the 30 What about the budget? There is no one willing to say that. I pleaded with years since the Congress passed Medi- approved budget resolution for 1999, the the White House to add that kind of care. fiscal year. We are already into that language in their Patients’ Bill of f year. Some Committee on the Budget Rights. I pleaded with the White House Members in leadership positions here to add that to the State of the Union. b 1730 in the House want to run for president, I actually found out that the Democrat THE OMNIBUS BILL: WHERE IS IT, but they have not even completed the leadership was against that. The origi- WHAT DOES IT CONTAIN, WHO IS responsibilities of their committee nal Kennedy–Dingell bill didn’t have WRITING IT, AND WHEN WILL work here in the House. Look at the appropriation bills. A that in it. In fact, one of my good MEMBERS GET A CHANCE TO majority of them, eight of 13, have not friends in Congress on the other side of SEE IT? the aisle would not cosponsor my bill been completed on time. Now they are because it had it in it. The SPEAKER pro tempore (Mr. being picked apart by a very few folks I find it very curious that today, that HANSEN). Under a previous order of the around here, without the sunlight of is the very thing that the Democrats House, the gentlewoman from Ohio regular order and regular committee decided to fall on their sword about (Ms. KAPTUR) is recognized for 5 min- oversight. and keep those in the Senate from put- utes. Why is Congress here in October, at ting out a good piece of legislation. Ms. KAPTUR. Mr. Speaker, do we re- the end of a fiscal year? There is no The other part of our bill, the task member the movie Roger and Me, budget. A majority of appropriation force bill, and my bill, PARC, that is where producer Roger Moore attempted bills for fiscal year 1999, which has al- extremely important, in my opinion, is to find Roger Smith, the President of ready begun, are not completed, a ma- to allow people to choose their own General Motors? He looked everywhere jority. Congress is operating in a stop- doctor. This is America, is it not? Why for him. He looked in Detroit, he start knee-jerk operation actually not should we not have as much freedom as looked in Boca Raton. He could not worthy of those that we represent. For the record, let me point out they do in England? find him, as Roger dutifully avoided again, there is no completed budget for Now, our bill, for the first time, had the camera lens. the fiscal year we are already in be- what is known as a point of service In Congress this month and last, we cause Congress did not finish its legis- provision in it that opened the door to are producing a sequel to Roger and lative business by passing its 13 appro- allow the American people to choose Me. It is called the Omnibus and Me. priation bills by September 30. their own doctor. But maybe even more Let me ask, where is the omnibus bill? We know it is a large bill. We know we On September 25 the first continuing importantly in this task force bill, that resolution was offered that extended was not in mine, I wish it had been, cannot find it. We know it is looking more and more like one of those dread- the congressional session 14 days over- was improving on medical savings ac- time, as a handful of Members began counts. ed congressional Christmas tree bills. No one seems to know in which room it drafting the omnibus bill that I have That is the greatest freedom there is been looking for for several days. They in health care. I am very proud to be is being written. No one knows exactly who is writing it. In fact, we are told are doing so in secret. Members, find part of a task force that made possible the room and tell me where all this is medical savings accounts for those all three or four staffers are actually in charge. So who exactly are these being done. over the country. Then, when they still did not finish unelected people? Where can Members In conclusion, let me just say that after 2 more weeks, a second continu- go to read the bill? what we hear today in the political ads ing resolution passed the House on Oc- Most importantly, Members do not is exactly what has killed health care tober 9. They said they needed 4 more know what is in the bill. We are told reform in the 105th Congress. It is peo- days to add more to the Christmas tree one-third of $1 billion is being slipped ple who were more willing and more bill. That did not work, so then a third in to bail out poultry traders, get this, wishful of having votes than they were continuing resolution was offered on in Russia. That issue never came up of protecting patients. That is exactly October 12, Columbus Day, somewhat during House consideration of the agri- what the Democratic Senate did. They historic, I suppose, for 2 more days, cultural appropriation bill, which wanted to win votes on this issue, rath- until October 14. Now today, a fourth passed here overwhelmingly. It never er than opening the door and for the overtime resolution was offered for 3 came up in the Senate, either. first time having some national public more days until Friday, the end of this policy regarding health care. According to Sect. 201(f) of the Agricultural week, October 16. I am going to join with my friend the Trade Act of 1978; ``The Commodity Credit I sure would not put those manipu- gentleman from Missouri (Mr. TALENT) Corporation may not make export sales fi- lating this hit and miss scheduling in and the gentleman from Illinois (Mr. nancing authorized under this section avail- charge of anything after this Congress FAWELL), who will not be here, but the able in connection with sales of an agricultural is over. gentleman from Florida (Mr. BILI- commodity to any country that the Secretary So I ask, where is the omnibus RAKIS) and others, and we are going to determines cannot adequately service the debt Christmas tree appropriation bill? start again and keep on, and we are associated with such sale.'' Currently, Russia Where can Members read it? Where, going to keep on and keep on until we is ineligible for the program. more importantly, can the public read give the patients of this country what So why is regular order being vio- it? Is it going to be put on the Internet, they deserve, and that is the right to lated for certain special interests who so the American people can read it be- choose their own doctor and ask people can gain access to the corridors of this fore we have to vote on it, whenever who make decisions about your health Congress very late in the year? that is? care and tell people that you have to be In fact, every piece of legislative I would say to Members, and I have responsible. business not completed during this been here a few years, I can tell Mem- Mr. TALENT. I thank the gentleman Congress, now famous as the do-noth- bers with absolute certainty, if Mem- for his comments. ing Congress, the 105th Congress, is bers are not able to read this bill before I know I am close to being out of now being put on the table as bargain- it comes to the floor, Members have time, Mr. Speaker. I will just repeat ing chips among a very few players. only one choice: Vote no. again, we had a good bill. It would have Why? Because this Chamber and the f provided the people the care they need, other have not completed their busi- when they need it, when their physi- ness on time. The fiscal year began Oc- TRIBUTE AND A THANK YOU TO cian recommends it, without big gov- tober 1. Everything happening here in KEITH PUTNAM, A HERO FROM ernment and a lot of lawyers’ fees. Congress is being played actually in HANAHAN, SOUTH CAROLINA As the gentleman from Georgia said, overtime, simply because every single The SPEAKER pro tempore (Mrs. we will be back with it. I am confident congressional deadline under regular MYRICK). Under a previous order of the October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10895 House, the gentleman from South woman with her 3-year-old baby out of know that the only way to truly know Carolina (Mr. SANFORD) is recognized the car, gets her to safety. He goes what a child needs to learn is to see for 5 minutes. back to the car. He pulls another that child, to listen to that child every Mr. SANFORD. Madam Speaker, I woman out of the car, gets her to safe- day. That is why Republicans are rise today because in many ways we ty. He goes back a third time to make working for local control of education. are a country in search of heroes. We sure that there is nobody else still in While the President wants to control look back through the history pages the car, and tragically, the train hits local schools from the Washington for heroes. We look at George Washing- the car and drives it into Keith, killing beltway, Republicans are working to ton. We look at Patton. We look at Keith. send dollars to our Nation’s class- William Wallace. We look at Colonel So I just wanted to say here today rooms. Joshua Chamberlain and his group of how sorry I am for what the Putnams Do many of our Nation’s public bedraggled soldiers in the battle of have been through, and most of all, to schools need more teachers? Many do. Gettysburg. We look at movies, where thank Keith for the life that he lived. However, 100,000 new teachers is not a there are all kinds of different heroes Because though I did not know Keith, cure-all solution for the schoolchildren that may or may not have existed, but his life stands out as one of those spe- of our Nation. Are these 100,000 good we look at them in movies. cial lives. William Wallace, 600 years teachers? The President evidently does We look around the world for heroes. ago, stood on a battlefield totally out not care about that, since he vetoed In Tiananmen Square, the young stu- numbered. He said, Remember, men, our bill for teacher training and merit dent stands up in front of a tank, be- they can take from us our lives, but pay. cause he has ideas that he believes in. they can never take our freedom. He There are many wonderful teachers A young student in Moscow back in went on to say to his men, Men, every serving our Nation’s classrooms. Even 1991 stands up in front of a tank, again man has to die, but not every man gets they will tell us that just hiring an- because of ideas he believes in. Yet, to live. other person is not going to improve when we look at movies and we look at I think what is special about Keith’s learning. Is that not what we are history and we look at events around life is that he actually lived it. He about, improving classroom learning the world, what we oftentimes forget is shows us about being engaged and for our children? Then why is the other that in fact, heroes live at home. He- being involved in life. Most of all, what side afraid of sending dollars to the roes live in our midst. he shows us is that, in fact, heroes do classroom, to be used to meet the edu- What I want to say for just a few live in our midst. For that, I thank cational needs of local schoolchildren, minutes today is that I stand here in him. whether the need is for a new teacher, praise of one such hero. That hero is a new instructional materials, or a new f young 15-year-old boy by the name of computer? Keith Putnam, who lived in Hanahan, REPUBLICANS SUPPORT MORE Why has the President threatened to South Carolina. This boy was the quin- DOLLARS FOR THE CLASSROOM, veto the Dollars to the Classroom Act, tessential low country boy. I grew up AND EDUCATION DIRECTED that would send an additional $800 mil- in the woods and waters of the low FROM THE LOCAL LEVEL lion to the classroom to meet these country. When you get it in your veins, The SPEAKER pro tempore. Under a critical needs without new taxes, just it stays in your veins. previous order of the House, the gen- increased efficiency by bypassing the It was certainly in his, because this bureaucracy? tleman from Pennsylvania (Mr. PITTS) boy loved hunting, he loved fishing, he In the omnibus bill Republicans are is recognized for 5 minutes. supporting education funding, but with loved sailing, he loved the water; he Mr. PITTS. Madam Speaker, I am ab- loved all elements of the low country. the requirement that the dollars are solutely amazed that the same people This boy was athletic. He had played sent to the classroom. We simply be- who opposed the Dollars to the Class- on the soccer team for the last 2 years. lieve that local school districts should room Act, a Republican bill to send This boy was an achiever. He was in decide if they need more teachers, $2.74 billion to our children’s public Who’s Who in American High School more books, more computers, or build- schools, are today telling the Nation Students for the last 2 years. ing repairs. He was a hardworking, good person. that Republicans are opposed to hiring We support the hiring of new high- He had wanted to buy a car. He was not new teachers for public school class- quality teachers, the reducing of class given money to buy a car, he went out rooms. size, providing professional develop- and earned money to buy a car. By cut- This is a falsehood. Republicans have ment to teachers to teach children, ting grass for a whole summer in dif- been working to send dollars to local providing for teacher competency ferent yards across North Charleston schools so new teachers can be hired, exams. But we do not want this di- and Hanahan, he managed to end up classrooms can be connected to the rected by Washington bureaucrats. We with enough money to buy himself a Internet, computers can be bought to want more dollars to local schools, 1965 Volkswagen Beetle; and he did not enhance learning, microscopes can be more local control, and more local do it just on Sunday mornings, because purchased so biology students can view flexibility. he was an usher at Peace Lutheran various parts of nature, reading spe- Teachers are not calling for more church. cialists can be hired to ensure that government programs, they are calling The boy was known for the way he every child learns to read, and the list for more local control and flexibility, helped other people. In short, I would goes on and on. dollars to the classroom. A program say that he was everything that is spe- The point is that Republicans do not similar to the Dollars to the Classroom cial and unique about being American. believe that the Federal Government Act and one which the President has In fact, he was as well a dreamer, be- should dictate and mandate to prin- opposed is Title VI, the block grant. cause he dreamed of going to the Cita- cipals, teachers, and parents what is Educators nationwide have expressed del, and then going on to the Air Force needed for our Nation’s classrooms. how much they like this program, for Academy, and then ultimately becom- Do Members of Congress actually it is extremely flexible, allowing them ing a commercial airline pilot. have the audacity to believe that they to focus on priorities of children in Yet, those dreams came to an end in their Capitol Hill offices and those their schools. about 2 months ago, because Keith in the White House on Pennsylvania On Monday I believe our House Re- Putnam was killed in Hanahan, South Avenue or bureaucrats at the Depart- publicans offered the President a $1.1 Carolina, about 2 months ago. He was ment of Education in Washington know billion educational proposal that would killed trying to save the life of an- what is needed in every single class- expand Title VI, emphasizing the hir- other. He and a friend were driving room in our Nation? They cannot pos- ing of new high-quality teachers to re- down the road one evening, and they sibly know. duce class size. looked and saw a car lodged on the A child in a classroom in Lancaster, I would like to tell the Members railroad tracks there in Hanahan. Pennsylvania, might have different about a few of the locally-driven initia- They jumped out of the car. He needs than one in New York City or tives that have resulted from Title VI jumped out of the car. He pulls a Anchorage, Alaska. As a teacher, I in Pennsylvania. H10896 CONGRESSIONAL RECORD — HOUSE October 14, 1998

Garnet Valley, in Delaware county, most important committees in the Young TOM, when he was born, went implemented an English course supple- Congress, but also one of the most im- to school in Queens, after being born in mental program. Teachers and stu- portant committees for the City of New Manhattan. That was a wise choice, he dents were trained on the successful York dealing with finance, energy envi- came to Queens. He went to St. Jo- completion of research projects, use of ronment, health, and a variety of other seph’s Prep Elementary School. He CD-ROM products, and print resources things that have been so important to went to St. John’s Prep after that, and to support the student thesis. our citizens of this city and of the then he put himself through St. John’s Southeastern Greene School District State. University and got a college degree. At implemented a professional develop- In addition to that, he is one of the the tender age of 19, still a teenager, he ment technology program to support most powerful political figures. Even joined the Marine Corps and put in 3 reading, language arts, and math at though he walks with a soft step and years in the service, serving this Na- the elementary level. has a velvet glove, he did not epitomize tion in Korea. In Philadelphia, the Model for En- what most people think would be the After that, he became a New York riching Reading through In-service Democratic county leader. More, he City policeman, a tough job. We call Training Professional Development has been pictured as one who has built them ‘‘New York’s Finest,’’ and TOM program was created. Professional de- bridges, made friendships, and as he epitomizes that. He certainly is one of velopment and student participation has done it in the city and in our State, New York’s finest in every way and was conducted in ‘‘Writing and Lan- he has also done it in our national con- every aspect. As the Dean mentioned, guage Arts’’, ‘‘Parent Conferencing,’’ ventions and certainly here in the he served a tour of duty while on the and ‘‘Content Area Writing.’’ United States Congress. force on the job, as they say, on the When dollars are sent to the class- As we all look forward to peace beat in central Harlem, working with room and schools are given flexibility throughout the world, and especially in the people there. using them, success is the outcome. Do Ireland, TOM MANTON will know as a While he worked as a policeman in we want children to have these types of part of his legacy that he spent a lot of the City of New York, he put them- successful learning experiences, or do time in trying to reach a peace accord selves through law school getting a de- we simply want them to attend smaller in the land of his forebearers. gree from St. John’s University during classes? That seems like an awfully And so, TOM, it is with heavy heart the night, a difficult thing to do while simplistic answer to an enormous prob- that we are going to miss your friend- holding down a full-time job in the day. lem. ship, your camaraderie, we are going to It was shortly after that that he ran I urge the President to agree to send miss your strong support and your for public office and was elected to the education dollars in the omnibus bill to leadership that you have given us that New York City Council and became the the classroom, to a teacher who knows serve on other committees, alerting us chairman of the powerful Housing the names of our children. that matters were coming to the full Committee and served the citizens of f committee or coming to the floor and our great city in that capacity for working with the House leadership, some 15 years with great distinction. TRIBUTE TO THE HON. THOMAS J. both Republican and Democrat, to do MANTON TOM has always been a team player, the best for our country, our Congress, but when it came time to being able to The SPEAKER pro tempore. Under and the great City of New York. stand up for what he believed in, he the Speaker’s announced policy of Jan- We are going to miss you, but fortu- was willing to step forward and rock uary 7, 1997, the gentleman from New nately you are not leaving our city. We the boat. He took on the establishment York (Mr. RANGEL) is recognized for 45 look forward to working with you and when it was necessary. He ran for the minutes as the designee of the minor- your family. And your loved ones United States Congress and the rest, as ity leader. should know that we say thanks for a we say, is history. Mr. RANGEL. Madam Speaker, being job that has been well done. He has been our good colleague now the senior member of the New York Madam Speaker, I yield to the gen- for 14 years. How time flies. For 14 delegation is a great privilege, but one tleman from New York (Mr. ACKERMAN) of the problems you have is that you who took this time out for the delega- years, he served with us in the House of have a responsibility to lead the trib- tion. Representatives, serving originally on ute to say good-bye to so many New Mr. ACKERMAN. Madam Speaker, the Committee on Banking and Finan- Yorkers who have served the delega- let me thank the distinguished gen- cial Services, serving on what was then House Administration, Merchant Ma- tion, the Congress, and the country so tleman from New York (Mr. CHARLIE well. Of course, tonight is one of those RANGEL), Dean of the New York delega- rine Committee, and the Committee on nights where one of Congress’ greatest tion, ‘‘Mr. New York,’’ for bringing us Commerce, handling such matters as Members, the gentleman from New together today. We share today, I trade and telecommunications and se- curities and consumer protection, York (Mr. THOMAS MANTON), has de- think in the waning hours of the 105th cided after 14 years that he will be Congress, another chapter in the Amer- working hard. Here in a place, Madam Speaker, going into the private sector. ican dream. I think the gentleman from New A generation ago, Madam Speaker, known as a stable for show horses, TOM proved to be a workhorse. Recognized York (Mr. TOM MANTON) is the perfect Irish immigrants came here to these type of New Yorker. He was born in shores looking for a better way of life by all of us as a Member’s Member, New York, the son of an Irish immi- as young people seeking opportunity, doing the day-to-day work that was grant family. He went to school in the as troubles brewed in their homeland of necessary to make this place run, to city of New York and became an attor- Ireland. One person was Peggy and the make it easier for other Members to be ney. He also was a New York City po- other one, TOM MANTON. TOM came able to do their jobs. Doing many jobs liceman, and served in my own commu- here, became a skilled laborer, married that many other Members of Congress nity in central Harlem, where he was Peggy, got a job, and worked here in would ordinarily shun. In addition to that, he quickly as- walking the beats of Harlem while I the capital of the free world. He was a sumed responsibilities as the cochair of was serving as a desk clerk in the tradesman, a plasterer, and he worked the Congressional Ad Hoc Committee Hotel Teresa. We both were going to on the very buildings that we work and on Irish Affairs, a cause, very, very law school at the time. make our speeches in today. He then went into public office, hav- Little did TOM MANTON from Ireland dear to his heart, trying to argue the ing served 15 years as a member of the know at that time as he was applying cause and work for peace with justice New York City Council, and finally his trade in these hallowed halls that in the land of his ancestors. His work, came some 14 years ago to join us in one day his son would grow up to be a along with that of many others, with the Congress. Member of the United States House of his leadership, has begun to finally Representatives and work in the very bear fruit. For that, I know that his b 1745 building that he helped to build, in the dad, Tom, and mom, Peggy, who I TOM MANTON serves on the Commit- land that with his hands he helped to know are looking down upon him tee on Commerce, which is one of the build as well. today, would be very, very proud. October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10897 It is hard for some of our Members to really said it all. It is difficult to add b 1800 understand, because of his always anything, so I am just going to repeat It has been mentioned before, when friendly smile and congenial personal- some things. Because when we talk TOM gives you his word, you can go to ity and attitude, working to build about TOM MANTON, all the good quali- the bank with it. That is what we real- bridges with Members of both parties ties that we would like to have in an ly want to see in our elected officials across both sides of the aisle, is that elected official really come out. Hon- and in our friends. kind of a person. Yet at the same time, esty, integrity, hard working. That is The fight for working people, one of back home, I have to assure my col- really what TOM MANTON is all about. the things that many of us who have leagues he is a very partisan political When I first came to Congress 10 grown up, again, in New York and years ago, and TOM had already been player within the Democratic Party, across the country, TOM’s father, with here for 4 years, he came and extended fighting for the values that we all be- his blue-collar roots and my father his hand and offered me any help that lieve in on our side. with his blue-collar roots, TOM and I I would need. And that is why in the 10 A great leader, becoming the county would often talk about the fight for years that I have been here, TOM MAN- leader of our Democratic Party for at working people, the fight for men and TON has been one of my best friends, be- least 12 years, taking the helm of our women in this country to ensure that cause I always know that if there is party in Queens County at a time when workers have dignity and have the something I need, I can go to TOM MAN- it previously had been racked with rights. That is why TOM has always TON, whether it is advice or a personal scandal and had many problems. He been supported by working people and favor or anything else. He make its straightened out that county organiza- has always had a very, very high rating tion making it one of the proudest, very, very easy. One thing about friends, we want in terms of labor and in fighting for the cleanest, preeminent county parties in rights of working people. the State of New York. Always a per- friends to be approachable. We want to be able to come to our friends and be So it was with a bit of sadness, son who is fair. Always a person we honest and know that we are going to Madam Speaker, when TOM announced could count on. Always a person to step get that same honesty back in return. that he was going to retire. But one of up to the plate and exert great leader- the joys that we have is, he may be re- That is what you have with TOM MAN- ship. tiring from the United States Congress Madam Speaker, I say this with a TON. It has been a privilege to serve with but, as was mentioned before, he will great deal of reverence and respect: We him on the Committee on Commerce, be active in New York City politics as are losing in this Congress somebody and on that committee he is the rank- the chairman of the Queens County who is one of the last of the old school ing member of the Subcommittee on Democratic Party. Irish politicians from New York. He is Finance Hazardous Material and has So even though my district does not a guy who will look you in the eye, done a very wonderful job there as go into Queens, I am delighted that we give you his word, shake your hand well. We are fighting for the good not will continue to work together for the and, you could count on the fact that only of New York, but for the good of betterment of the Democratic Party in he has been true and faithful to his the country. And it has been a pleasure New York, for the betterment of the word. His word is his bond, and we do to serve with TOM on the Committee on people of the city of New York and the not see a lot of that in politics too Commerce. State of New York, and for the better- often these days. When redistricting came in 1992, TOM ment of the people of the United States These are the days of ‘‘blown-dry saw his district change, as we all did. of America. hair’’ politicians, elbowing each other Part of his district, for the very first TOM, we are really going to miss you. for time in front of the cameras, seek- time, came to the Bronx where I was You are a great guy, a great Member. ing publicity. TOM represents none of born and bred and have my district. It has been an honor to be a colleague. that. He is from the old school. He does TOM and I right now have adjourning It has been an honor to be your friend. the work quietly, behind the scenes, districts, back to back, and we share a I know that we are going to continue not looking to advance himself in oth- number of communities in the Bronx. to work closely together in the coming er’s eyes, but knowing that he is going And even though he is Queens’ famous years. God bless you. You are the type to be doing the right thing. son, the Bronx has taken him as a son of elected official, you set the standard We are going to miss him down here as well and we have worked very well to which we all aspire. Thank you for in the Congress of the United States. It together. your friendship and thank you for just is going to be my privilege and pleas- The beauty of this country has been being you. ure, when I return back for weekends so many different groups have come to Mr. RANGEL. Madam Speaker, I to my district which includes the the shores, different immigrants, and yield to the gentleman from Albany, County of Queens, to know that TOM is we know that in New York where so New York (Mr. MCNULTY). the county leader. After putting in all many different groups have come to- Mr. MCNULTY. Madam Speaker, I of these years, 14 in the Congress and 15 gether, the ethnic diversity of New thank the dean of the New York dele- on the City Council, and a term in the York has been the treasure of New gation for yielding to me. I am de- Marines and all of that, he returns to York. Those of us who have been born lighted to join with the gentleman private life after giving of himself, re- in New York and growing up in New from New York (Mr. RANGEL) and the turning to his family that so gra- York City share that diversity and other members of the New York delega- ciously has shared him with us. To his share the culture of all the different tion today in saluting my dear friend, wife Diane, to his children Catherine ethnic groups, whether it is the culture TOM MANTON. and Tom Junior and John and Jeanne, or the food or just the family and the I want to take the few moments and all the grandchildren here and yet friendship, that is what we do. available to me to talk about the sub- to come. TOM has been very much a part of ject of gratitude. I am a grateful man We have been privileged to serve with that culture. As was mentioned before, today because 10 years ago, when I first the likes of TOM MANTON in this Con- he has been a leader in the fight for sought election to the United States gress, Madam Speaker. He is a breed peace and justice in the North of Ire- Congress, the man from Queens, TOM hard to find, a breath of fresh air re- land as one of the founders and the MANTON, reached to upstate New York flecting the best of politics and the chairman for many years of the Ad Hoc and he helped me. He helped me to win best that this system has to offer. I am Committee on Irish Affairs. But he has that election. happy to consider him my dear friend. always stood for right and against in- And after that election was over and Mr. RANGEL. Madam Speaker, I justice all over the world, whether it before I even came to Washington for yield to the gentleman from Bronx was fighting injustice in South Africa, freshman orientation, he called me and County, New York (Mr. ENGEL). or whether it was fighting for the right invited me to come to his district of- Mr. ENGEL. Madam Speaker, I thank of Israel to live in peace, or whether it fice in New York City where we spent the gentleman from New York (Mr. was fighting for peace and freedom all the day together. And he gave me tre- RANGEL) for yielding to me. The gen- over the world. TOM MANTON has al- mendous advice and counsel on what I tleman from New York (Mr. ACKERMAN) ready been there. was about to face as a Member of the H10898 CONGRESSIONAL RECORD — HOUSE October 14, 1998 United States House of Representa- better for people, make life better for held hearings, introduced legislation, tives. And I shall never forget that. families in our communities. He has written letters in support of the rights When I did arrive in Washington and been very involved in politics and gov- of the Irish. The committee crosses wanted to serve on a couple of special ernment in Queens County and, in fact, over partisan and geographic lines to committees, he helped me do that as the entire State for a long, long time. advocate and represent the interests of well. That kind of support and assist- We can all learn a lot from TOM be- the Irish American community and to ance has gone on for the past 10 years. cause, as my colleagues have said, and ensure a friendly and productive rela- I have not been the only recipient, but I think that is probably one of the core tionship between America and the peo- on my own behalf today, I want to traits of TOM, is that he is the kind of ple of Northern Ireland. thank my good friend, TOM MANTON, person you can trust. His word is his Efforts such as this and the great for all that he has done for me over the bond. He has absolute integrity. He is a leadership of our colleague TOM MAN- period of the past 10 years. man you can count on to tell the whole TON paved the way for the historic CHARLIE and my friends, it got better story, not part of the story. Good Friday Peace Agreement. When than that. During one of my reelection He is a man who stands up and tells deportation proceedings were tearing campaigns, the folks in the capital dis- it like it is and we can respect that. We apart the Irish American community trict and the Irish American commu- need more people like that in this body in my district, TOM MANTON was there nity decided to get together and have and in politics and government today. to fight to keep these families to- an event in support of my reelection. As a member of the New York delega- gether. His commitment to the peace And simultaneous with the planning of tion, I have developed a great relation- process is unquestioned, and as the that, TOM MANTON came up to me on ship with TOM and, more importantly, people of Northern Ireland struggle the floor of the House one day and said, a warm friendship. In fact, my respect through perhaps this most vital and is there anything I can do to help you for TOM, my admiration for TOM, has important time, you can be assured in your reelection campaign? I said, only grown throughout the years. that TOM MANTON, even after leaving well, the Irish American community is First, it was local politics, and then this body, will continue to lead this ef- having this event and maybe it might when I was elected in 1988 I had the fort and standing with them. be possible for you to come up to Al- privilege of working with TOM as a TOM has doggedly represented his bany and appear at that event with me. member of the delegation. constituents for 14 years. The people of He immediately said yes. I am sad to see TOM leave this body the 7th District of New York and Con- And he did that. And he came up and but I know that he will be happy and gress will be losing a wonderful rep- we had a great big party up in Albany, successful in whatever he does. TOM resentative, but I can assure you that and he spoke on my behalf. And then, MANTON was born in 1932, of Irish im- Congressman TOM MANTON will con- DEAN RANGEL, what he did was, he sang migrant parents on the west side of tinue to stand up for what is right. on my behalf. And I am here today to Manhattan, having grown up in I am very pleased that my district is report back to the New York delega- Astoria. He is a product of the area he right near where TOM currently re- tion and the entire country that de- was elected to serve. sides, and I know we will continue to spite the fact that TOM MANTON sang in After attending both St. John’s Uni- be good friends. I look forward to my behalf, I still won that election. versity as an undergraduate, and St. spending time with TOM and Diane, and I am so grateful to have TOM MANTON Johns’s Law School, which are both in I wish you both good luck. God bless. I as a friend. I speak for many, many my district, TOM served as a flight nav- have been privileged to be your friend. people who do not have access to a igator in the United States Marine I am proud to be your colleague and I microphone like this today to speak to Corps and then joined the New York look forward to continuing to work all New Yorkers and to the rest of the City Police Department. with you to stand up for what is right country. TOM has, as I mentioned before, a and just. Thank you, TOM. TOM, what I simply want to say to long and distinguished record of leader- Mr. RANGEL. Madam Speaker, I you today is, you have rendered out- ship in the Democratic Party of New yield to the gentlewoman from New standing service over a very long pe- York State. He began as a member of York City (Mrs. MALONEY). riod of time to your community and the executive committee in 1972, and in Mrs. MALONEY of New York. Madam your country, and I am deeply grateful 1986 he was elected chairman of the ex- Speaker, I thank the dean of the New that you have allowed me to be among ecutive committee of the Queens Coun- York delegation, the gentleman from your many friends. ty Democratic Organization. In 1988, New York (Mr. RANGEL), for yielding Mr. RANGEL. Madam Speaker, I TOM was unanimously reelected county me this time and being here with us as yield to the gentlewoman from West- chairman and has served continuously we all pay tribute to our dear friend chester County, New York (Mrs. in that capacity since then. and outstanding colleague, TOM MAN- LOWEY), and Queens and the Bronx. During his tenure in Congress, TOM TON. Mrs. LOWEY. Madam Speaker, actu- has been active on a number of envi- It is always very good to have neigh- ally, those boundaries are pretty im- ronmental issues. He has used his seat bors you can rely on. TOM MANTON is portant in the last couple of years. Be- on the Committee on Commerce to my neighbor. He literally lives in my cause of those boundaries, as a result fight for much needed improvements in congressional district. It has been a of redistricting, I have gotten to work the Superfund program in order to ac- pleasure working with him and sharing even more closely with our good friend, celerate the cleanup of toxic waste the New York Queens Borough with TOM MANTON. sites. As chairman of the Subcommit- him. I know how the New York Police I wanted to rise today, Madam tee on Fisheries Management, during Department must have felt when offi- Speaker, in tribute to our friend and the 103rd Congress, he also took a lead cer, Police Officer Manton, left the our distinguished colleague, THOMAS in improving conservation of our Na- force. MANTON. Actually, I have known TOM tion’s fisheries resources. We will truly miss this law enforcer, since the early 1960s. As some of you Perhaps TOM’s greatest legacy, as my turned law maker on the front lines of may know, my district does run from colleagues have mentioned, will be his this House of Representatives. The Westchester through the Bronx to tireless and effective work regarding residents of Queens are now feeling the Queens, but we both raised our children Northern Ireland. I am pleased to be a same loss as the entire New York dele- in Queens. And when I lived in Queens member of the Congressional Ad Hoc gation feels this loss. raising my children, I guess it is about Committee on Irish Affairs, and TOM TOM MANTON has made clear through 40 years ago, a while ago, TOM and I has been and continues to be a great his years of public service, first as a po- were both raising our children and we cochairman. lice officer and later as a fellow mem- got to know each other in Queens poli- The committee was founded in 1977, ber of the New York City Council, his tics. And TOM is an example of what is to bring about peace, justice and an commitment to mankind. He has made, good and right in politics today. end to all violence and discrimination many contributions in his work for the TOM understands that government in Northern Ireland, and as the leader residents of New York City on the New and politics is the way to make life of this committee, TOM MANTON has York City Council Housing Committee, October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10899 and I worked with TOM on that com- he will be remembered for a long time We are talking about your ability to be mittee. He was chairman of that com- to come. While we will miss him here friendly. We are talking about your mittee. I had to work hard many years in Washington and in New York, I ad- ability to understand the county you to even get on that committee. mire his decision to pursue his personal represent, the district you represent, Madam Speaker, I can remember dreams. the city you are in, and the Nation we when TOM was elected to Congress. He So I wish you well, THOMAS. All your are living in, and trying to deal with came in late to a city council meeting constituents and friends do. I am sure every one in a fair way. and we sat there and waited about an that your goodwill and dedication will But most importantly, we are talk- hour or two for him to come in. He had follow you as you enter this new world. ing about this ability you have to been up all night and he came in and Best of luck to you. Our friendship is never look on the surface like you are chaired his last meeting as chairman of always with you. Thank you for all upset at anyone. I know you have been the Housing Committee. that you have done for New York City, upset, at least slightly, at all of us at TOM is also a leader and is chair of New York State, the great Borough of least once, but you do not show it. the Ad Hoc Committee for Ireland. He Queens and all your many friends and We know of your work. We know of was grand marshal for the St. Patrick’s supporters. the work you have done on behalf of Day Parade, and he told me that his Mr. RANGEL. Madam Speaker, I Northern Ireland. We know the work mother was not particularly impressed yield to the gentleman from Bronx, you have done on behalf of many issues when he became a Member of Congress New York (Mr. SERRANO), home of the here. We know what a strong party but when he was grand marshal on St. New York Yankees. man you are and what a loyal Member Patrick’s Day, that was really, really Mr. SERRANO. Madam Speaker, I of this delegation and loyal Member of important to her. thank the gentleman from New York the Democratic Caucus. But all of our TOM and I had the good fortune of for mentioning the greatest team on colleagues have spoken about that, and traveling to Northern Ireland and Ire- Earth. In fact, there is no score be- everything we put in the RECORD will land with President Clinton. I had the tween those other two teams that are indicate that. great opportunity of meeting his fam- just playing today for a chance to get I wanted today just to tell you what ily, his aunts, his sisters, his extended beaten by the Yankees next week. a great human being you are and how family that still lived in Ireland, and TOM, I was wondering as I was watch- much I know you have played a role in TOM was really a leader in working ing these proceedings on TV if the some of the things that have happened with President Clinton for the Good folks who visit us here and the folks to me. When I decided that I wanted to be Friday agreement and very recently who watch on TV fully understand on the Committee on Appropriations, working in a bipartisan way with the what goes on when we do one of these, my delegation was good enough to sup- gentleman from New York Congress- when we come together as a delegation, port me. But that was step one. Two man (Mr. WALSH) in increasing the when we come together as colleagues gentlemen here, the gentleman from number of peace visas for the Irish to to say farewell from this body to a New York (Mr. MANTON) and the gen- come here to New York. Member such as you. tleman from New York (Mr. RANGEL) TOM is also, and has been for many I think what is important to note is played a major role in it. that we take very seriously what we years, the county chair of the great They kept in touch with me on a do, and this job brings a lot of joy with County of Queens. He has been recog- daily basis telling me how they were nized as the most outstanding county it, a lot of accomplishment, and then it going to maneuver my ascension to chair really, I believe, in New York brings some difficult moments. It is that committee. It is not an easy thing City. He was the first county chair in those difficult moments, I think, that to do. After all, I had been here a cou- the borough to endorse President Clin- bring people together and friendships ple of years, and I wanted to move on ton. and relationships that last a lifetime. to a big committee. But you felt it was I personally think that he would So what we do today in saying all of important to do it for the delegation, make an outstanding State chair of these things about you is to do that for my neighborhoods, and for myself. I New York State and bring the same which human beings never get a chance am not going to forget that ever. balanced leadership and commitment to do on a regular basis to say, and we I am also not going to forget the way and understanding and time that he should, to say you are a great guy, you in which you just deal with each one of gives to all of the problems of New are a great human being, you are a us on a daily basis. As our colleagues York City and to this delegation daily stand-up person, but mostly you have know, you could always be found in in helping us work through our prob- been a good friend and a good col- that corner over there to the right. lems. league. I wanted to take some time to Well, to somebody’s left, but probably He is a great friend. He has been a tell you what you mean to me. to most people’s rights. rock on which to lean. He has helped Two years ago, 1990, they were going You always know what is going on in me and other Members of this delega- to redraw districts, as my colleagues New York city politics, what is going tion on so many issues that we work know, and they did. There was a possi- on on the floor, what is happening na- on. bility that they would put my district tionally, and you just talk to people I remember also he is a very personal into Queens, into East Harlem, and and make them feel good. and wonderful friend. I remember being Manhattan along with the Bronx. I When this is all done, when this is all in his office one day, and he looked stayed in the Bronx. I did not for one over for us, what do we have? A couple around the office, and he said, my fa- moment get nervous about the possibil- of laws that carry our name, one re- ther, when he came to this country, he ity of having Queens in my district, porter who may curse us out or say worked on the House office buildings. first of all, because I would get Shea something nice about it, our family He helped modernize them. He was tre- Stadium, and then you would have a trips while we were Members of Con- mendously proud that the building problem to tell me what team I am gress. that he helped modernize and helped rooting for, but because I would have I think what we will remember the restore was the office that his son later you as my county leader. most is those people that we met here, took as a Member of Congress. But I think what the gentlewoman that we dealt with, that we keep a rela- He told me, on the day that his fa- from New York (Mrs. MALONEY) just tionship with, as we will, because we ther was here when he was sworn in to said about you becoming a great State are from the same part of town. this great body, that his father left the chairman, we are not knocking any- That is what is important today, the celebration and just walked around the body who is there now, but I think it is fact that, no matter how long I am buildings trying to find the exact spots something you should think about, be- here, I shall remember that my begin- that he had worked on many years ago cause I think you have everything that nings were strengthened because it was and was deeply moved that his son it takes to be the chairman of the TOM MANTON who was willing to sup- later was elected to this body. State party. port me and to be a friend. TOM will leave many marks of What are we talking about? We are So I can tell you honestly, as I know achievement here in Washington, and talking about your ability to be fair. all my colleagues can, because I know H10900 CONGRESSIONAL RECORD — HOUSE October 14, 1998 how they feel about you, that you are always there sitting very focused and TOM, you have done a magnificent measured by the friends you have. You negotiating on what is in the best in- job here in the 14 years that you have are measured by the respect people terest for his district, what is in the been here. We are going to miss you, have for you. I assure you, you will best interest for the State, what is in TOM, but I am so happy to know that have friends and respect like very few the best interest for this Nation. TOM you are not leaving politics, that you people do. is always there doing that. are going to go back to New York, and I just wanted to simply come and I think the other thing that TOM has, you are going to be involved in the po- join my colleagues to tell you how spe- he has the ability to sort of listen to litical arena as well. cial you are to me. If I may drive the whatever is being said and then, of So we look forward to working with young lady to my left crazy, let me course, sort of pick out really the key you there in that capacity where you just say that we have a phrase in Span- kind of factors, because then, based on can continue to calm folks down. ish that I use every so often on the that, then you can determine what to- Thank you so much. You need to come floor, and it is one that sticks to a few morrow is going to do. We watch him. to Brooklyn and calm Brooklyn down. people. It says—(Mr. SERRANO spoke in Then all of a sudden, he will make a Mr. GILMAN. Mr. Speaker, it is my sad duty Spanish). Tell me who you walk with, vote. to rise to pay tribute to an outstanding col- and I will tell you who you are. Occasionally I will ask him why did league and a dear friend who regrettably has Well, this delegation walks with you, you vote this way. He will give us his- decided to depart this body after a fourteen and therefore we are you. We do pretty tory. That was the thing that I was year record of outstanding public service to his well when we stay close to you. The very shocked, because I did not see Congressional District and to our nation. best to you. I know you will probably TOM in terms of the kind of guy that TOM MANTON first came to Congress unex- make $10 million on the outside, but would sit back and sort of talk about pectedly 14 years ago. I say ``unexpectedly'' you will probably become State chair- what happened many, many years ago because no one had anticipated only a few man and do not make $1.50 after that. and, as a result, that is why he is now months earlier that his own Member of Con- You will be at Shea Stadium. We will behaving this way. gress, our former colleague and my former welcome you at Yankee Stadium. You I want my colleagues to know, the constituent, Ms. Ferraro, would be nominated will be with your family. You will other part that I think that is very, for the Vice Presidency. However, when Ms. enjoy your life. We will miss you. We very important is that TOM is truly a Ferraro stepped into the national spotlight, will miss you, my friend. I am just so leader, because sometimes we have TOM was more than ready to take her place in glad I had an opportunity in my life to people that are leading, and nobody is this chamber, having already accumulated 14 serve with you. Thank you. following. That is just somebody tak- years experience on the New York City Coun- Mr. RANGEL. Madam Speaker, I ing a walk. But TOM MANTON shows cil, and a successful career as a practicing at- yield to the gentleman from Brooklyn, real leadership, and people follow him. torney. New York (Mr. TOWNS), who knows how People listen to him. People want to In the House, TOM gained recognition not important it is to have a friend as know in terms of what he is going to do only for his dedication to diligent work but also county leader. and what he is going to say. for his concern regarding those issues of deep Mr. TOWNS. Madam Speaker, I think TOM, I would just like to sort of asso- concern to him. As a fellow co-chair of the the gentleman from New York (Mr. ciate myself with those who are saying House Ad Hoc Committee on Irish Affairs, I RANGEL) and of course to all the Mem- that they would like to see you become became familiar first hand with TOM's deep bers of our delegation here. the next New York State Chair. I do concern for the cause of justice and peace in This is a real tribute to a very fine not want to get involved in that. I do the north of Ireland, and his commitment to individual, 1 that I have had the oppor- not want to talk about it too much. human rights. TOM is one of those individuals tunity to serve with for 14 years. Of But I will tell you this, TOM, that if who grasps instinctively that any threat to the course, TOM and I serve on the same there is anything that I could do, I human rights to any people anywhere is a committee. mean, of course whatever it is, I would threat to the human rights of all of us. TOM is a real stabilizing force. He has definitely be there on behalf of you in On our House Commerce Committee, TOM a flare for saying the right thing at the terms of making certain that that hap- has served with distinction, and his position as right time. I remembered some meet- pened, because I know that New York Ranking Minority Member on the Subcommit- ings when they get pretty heated. In State and this Nation would be much tee on Finance and Hazardous Materials has the Committee on Commerce, there is better off as a result of TOM MANTON been of great benefit to all of us in the State always a lot of negotiating and that we providing that kind of leadership. He of New York, where the transport and disposal sit there. has done it on the local level. I am cer- of hazardous wastes is a deep concern. Of course TOM does not speak early, tain that he could do it on the State We extend to TOM our best wishes for good early. He will let it sort of heat things level. Of course he will do it again on health, happiness and success in all of his fu- up; and when things get really heated, the national level as he has done it as ture endeavors, and we remind TOM and his then TOM will come with his common a Member of the United States Con- lovely wife, Diane, that they will always have voice and say, well, have you thought gress. a home away from home here at the Capitol. about this? Of course, sometimes we do On the Committee on Commerce, TOM MANTON's accomplishments will long be not get it right away; but then, all of a TOM, let me close by saying we are remembered. sudden, just before we give up, then going to miss you. We are going to Mr. BLILEY. Mr. Speaker, I will truly miss TOM will come back again with a miss you in terms of the fact that I am Representative TOM MANTON of New York. He thought or an idea, and that idea will sort of wondering now who is going to is an honorable and friendly person. carry the day. calm us down, who is going to be the He is also my kind of Democrat. TOM, you have just been a tremen- guy that has the flare to say the right We worked together on the financial reform dous person on that committee. A lot word to sort of settle things down. I do bill, my satellite privatization act, securities liti- of things that we were able to accom- not know who is going to do it. gation reform and many other issues. plish we would not have been able to I think the gentleman from New He leaves Congress having built a record of accomplish if it had not been for that York (Mr. MANTON) has been here accomplishment and a long list of friends on common voice of TOM MANTON. around long enough that he sort of both sides of the aisle. TOM MANTON is one negotiator. If trained some of us here from our dele- I am happy to be one of his friends. TOM MANTON cannot negotiate it, for- gation, and I am hoping that we will be We did some traveling together when get about it. It is something that can- able to use those skills that he has Democrats controlled Congress. I will always not be done. TOM knows how to talk in given us to be able to sort of calm remember our side trip to the holy shrine of the back room. He knows how to oper- things down, to be able to continue to Medjagoria. Since TOM and I share the same ate. get things for Queens, of course, and of religious faith, that was an important event we He is not a guy that gets on the floor course Brooklyn and New York State, will always remember. every day and make a lot of noise on and of course to be able to do the kind The son of Irish immigrants, a former police- the floor and bang and talk about what of things that this Nation needs done, man, a good politician and a friendÐI will miss should happen and all that. But TOM is and we need it done very effectively. TOM MANTON. October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10901 I wish him and his family all the best in the agreement. It makes me happy, and I In addition to that, I have seen him years ahead. know the people that have worked in as I think the gentleman from New Mr. RANGEL. Madam Speaker, I this body happy as well. York (Mr. TOWNS) said really be a con- yield to the gentleman from New York I have had the opportunity to, as was sensus builder on the committee. The (Mr. MANTON), our honoree and our mentioned, go to law school and prac- committee can often be very conten- friend, who is not leaving New York tice, I practiced law for some 20 years tious, not only Republican-Democrat but leaving the Congress. before coming to this great body, and I but even within the Democrats. TOM Mr. MANTON. Madam Speaker, I am going to return to that profession. was always the person that was out thank the gentleman from New York I loved it a lot, I have missed it in the there trying to bring us together on so (Mr. RANGEL) very much, a great dean last couple of years and decided that I many very important issues. I also saw of our New York delegation, and all of am going to take another try at it. him operate with the Hellenic Caucus. my colleagues who are here tonight My colleagues, I thank you very I do not know if that was mentioned joining in this tribute. much for bringing on this special order tonight, but he worked very hard with Some mention was made of my moth- tonight. It is with a certain amount of the Greek community and he was a er and father being Irish immigrants bittersweetness that I am leaving this leader dealing with those issues as who came from the west of Ireland body but I am not, as you have sug- well. I really admired him for a long from small farms. They did not know gested, leaving politics, too. I am going time. We worked on the Merchant Ma- each other in Ireland. But they came to to continue as long as they will have rine Committee together. He was al- the great city of New York from the me as chairman of the great Queens ways a person that was trying to help quiet country life of their respected County Democratic organization. It is other Members of Congress, to help his farms, and they met in New York City an organization that stands for the colleagues at all times and do what was where they married and raised a fam- principles of the Democratic Party best for the country and for his State ily. that we all love and admire. With a and for his district. Thanks again, also. The reason I am here is because we certain amount of sadness, I bid you I am going to miss you as well. Madam Speaker, I just wanted to live in a republic which recognizes that good-bye for a short while. I will be take some time this evening, if I could, people can advance themselves. My fa- around. Please do not forget me. When you come to Queens, you are always to essentially refute, if you will, some ther was always one who said you must of the statements that were made ear- get an education. welcome. Some of you may end up in Queens with the reapportionment of lier this evening in the special order b 1830 2002, and we will be awaiting your good that my colleagues on the Republican My father had a third-grade edu- suggestions on how these lines should side of the aisle made on the issue of cation. My mother was much more edu- be drawn and whatever input we can HMO reform. I have taken to the floor cated. She had eight grades of edu- make into that. many times over the last few months cation. She came to the loud and bois- I say good-bye, God bless you, and to point out that I believe, and I think terous and busy city of New York with thanks for everything. It has been a the evidence shows, that the Repub- the cacophony of all these sounds and great honor. lican leadership of this House was very much determined not to bring a true taxis and trucks and people and I al- f HMO or managed care reform to the ways wondered how they survived GENERAL LEAVE floor and essentially was very much those early years. under the influence of the insurance in- I was blessed in being able to have a Mr. RANGEL. Madam Speaker, I ask dustry which still today does not want number of jobs before coming to this unanimous consent that all Members may have 5 legislative days within to see any real HMO reform. And so I great body. Some mention was made of was sort of, not shocked I would say my service in the United States Marine which to revise and extend their re- marks on the subject of my special but I was sort of displeased to see that Corps, it was 2 years of active duty, order tonight. in the waning hours of this Congress some 5 years in the New York City Po- The SPEAKER pro tempore (Mrs. that the Republicans who put together lice Department, 15 years in the New MYRICK). Is there objection to the re- the HMO bill that passed this House York City Council, and now 14 years in quest of the gentleman from New were actually trying, I think effec- this great body. Where else can you York? tively, to defend their actions, because walk through the hallways of this Cap- There was no objection. they know that the American public is itol and know that they were traversed f clamoring for HMO reform. by other people who were Members of And so I will say two things tonight: the House of Representatives: John F. DEMOCRATIC MANAGED CARE One is the fact that the HMO reform Kennedy, Lyndon Johnson, Abraham REFORM bill was not even taken up in the other Lincoln, James Madison, and there are The SPEAKER pro tempore. Under body, in the Senate, is a strong indica- others, John Tyler, James Polk, Mil- the Speaker’s announced policy of Jan- tion of the fact that from the begin- lard Fillmore, Franklin Pierce and oth- uary 7, 1997, the gentleman from New ning, the Republican leadership in both ers that I will not mention. So it shows Jersey (Mr. PALLONE) is recognized for houses of Congress had no intention of that in the United States of America, 15 minutes as the designee of the mi- really dealing with the issue of HMO people from modest backgrounds under nority leader. reform. In addition to that, the Repub- our great system of laws can get an Mr. PALLONE. Madam Speaker, let lican leadership over here bypassed all education and prosper in this great na- me also if I can just take a minute to the committees, never allowed hear- tion that we know as the United States also express really the friendship that I ings, never allowed a markup of the of America. Yes, I have had an affinity have had over the last few years with HMO reform bill and at the 11th hour for the problems in my parents’ ances- TOM MANTON. He is also on the Com- when it appeared that there was over- tral land, in Ireland. I was very pleased merce Committee with me and the gen- whelming support for the Democrats’ to serve as the cochair on the commit- tleman from New York (Mr. ENGEL) patients’ bill of rights, which was real- tee which we know as the Ad Hoc Com- and the gentleman from New York (Mr. ly sort of a bipartisan bill because we mittee on Irish Affairs, and the fact TOWNS) as well. I have always admired had some Republicans, also, that sup- that we had the peace agreement of him for the reasons my colleagues have ported us, but when the patients’ bill of Good Friday makes my service and I all set forth but just to mention a cou- rights, the real HMO reform bill, was think the service of all of those who ple of things. My father was a police- gathering incredible strength and the were involved in that process in bring- man. I know what it was like to have a Republican leadership felt it was nec- ing President Clinton into it, having policeman, to serve on the police force, essary to address the issue in some him invest a lot of political capital, and I know that he is the kind of po- form, they quickly brought up their sending an envoy, Senator Mitchell, to liceman or the person in the police law HMO bill, brought it to the House Ireland and generally working with the enforcement background that is really floor, without hearings, without com- leadership in Northern Ireland of both kind of the perfect image, if you will, mittee markup, and passed it very nar- traditions to see that we had this of a law enforcement individual. rowly, I think by about five votes, and H10902 CONGRESSIONAL RECORD — HOUSE October 14, 1998 sent it over to the Senate where it was advocates for their patients because it person who has been denied the care never heard from again. gives medical professionals no protec- and suffered severe damages that they Let me just point out some of the tion from the health care plan when cannot sue and recover for the dam- reasons why this Republican bill was they speak up for their patients. In ages. All the machinations that were not real HMO reform. I really am using other words, under the Republican bill, made tonight about how we are going as a source some of the criticisms that they can be penalized because they to deal with this without having you were made by one of the Republicans speak up for their patients, the health have the right to sue to me were just that I most admire, the gentleman care professionals. essentially a bunch of garbage. It had from Iowa (Mr. GANSKE), a Republican Access to specialists. The Republican to be explained in such detail that it Member who was initially part of the bill does not provide for ongoing access almost sounded like another legal case Republican health care task force but to specialists for chronic conditions to explain the process as opposed to became very much opposed to the Re- such as multiple sclerosis and arthri- having the right to sue. publican bill because he felt that the tis. Under the GOP bill, patients with My point is again, there was never patients’ bill of rights, the true HMO chronic conditions cannot get standing any attempt by this Republican leader- reform bill, was far superior and that referrals to specialists or designate ship to come up with true HMO reform. what the Republicans were bringing to specialists as their primary care pro- We knew that from the beginning, the floor in terms of HMO reform was viders. This is very important. One of when they delayed and delayed and de- not real and actually set us back. I just the major points of the Democrats’ pa- layed and finally when they brought a want to give some of the examples, tients’ bill of rights is that you have bill to the floor, they brought a bill to some of the criticisms, if you will, that access to a specialist. Many senior citi- the floor that actually makes the situ- the gentleman from Iowa (Mr. GANSKE) zens say to me that that is the main ation worse for patients in managed made. reason that they are concerned about care, in HMOs. In addition to that, and First, on the issue of medical neces- their HMOs, because they cannot get I do not know if they mentioned it to- sity. The Democratic patients’ bill of referrals to their specialist. Well, there night on the other side, there were a rights guarantees a review on the mer- is no guarantee of that under the Re- number of poison pills placed in that its by outside experts as to whether a publican bill. Republican HMO bill. I say poison pills service or treatment is medically nec- Financial incentives to withhold because they were so controversial and essary. Under the Republican bill that health care. The Democratic patients’ unrelated to the issue of HMOs that was talked about tonight, the outside bill of rights ensures that health plans they made it impossible for that bill to review is limited to determining not place inappropriate financial in- ever move forward. They knew that whether the plan followed its own defi- centives on providers to withhold care. this was a bill that was not going to nition of medical necessity. The big- On the other hand, the Republican bill move forward and ultimately it did not gest problem that we face today with is silent on that point. So, in other move forward in the Senate. Those are HMOs is that people are denied care, an words, a big problem now under the things that are not necessarily bad. operation, length of stay in a hospital, current system is that the HMO gives a Some people like them and some do whatever it happens to be, because the bonus, if you will, to physicians who not. insurance company determines that essentially limit care. Well, that is not The issue of medical malpractice was that procedure or extra day in the hos- changed under the Republican bill. placed in the bill to reduce the cap on pital is not medically necessary. Well, That is still possible under the Repub- damages. We have controversy in the under the Republican bill, the insur- lican bill in most circumstances. The House back and forth over whether or ance company gets to define what is Democratic bill basically prevents that not that is a good thing. But it is so medically necessary. All the review and corrects it and says you cannot controversial that it guarantees, or es- that my colleagues on the other side have those financial incentives to the sentially it is a poison pill to make were talking about tonight, external, physicians. sure that the bill never sees the light internal review, extends exclusively to Special legal protections for HMOs. of day. This is most important. Because of a the issue of whether or not the plan b correctly defined by its own terms Federal law known as ERISA, patients 1845 what was medically necessary. So basi- injured because their HMO delayed or Now many of us on the Democratic cally the insurance company can still denied treatment have very limited side went over to the Senate last week, say, this is not medically necessary, remedies. The patients’ bill of rights, and we tried to get HMO reform this procedure, this operation was not the Democratic bill, would permit brought up in the other body, and we medically necessary, and there is no States to set their own rules for such were essentially gaveled down. There change in the current law. actions. The Republican bill passed by was a vote, and the Republicans made Emergency room coverage. The Re- the House tinkers with but does not it impossible to bring this up. publican bill has only a watered-down really fix this problem. So we know that this issue is dead version of the prudent layperson rule I just wanted to mention that be- this year because the Republicans have which means that managed care com- cause my colleagues on the other side refused to let it proceed. All their ef- panies still have ways to get out of spent a lot of time tonight explaining forts tonight to try to suggest that paying for their patients’ emergency that you would not have the right to somehow they really meant it and they room visits. What we say in the Demo- sue under the Republican bill but they were really trying to achieve some cratic bill is if the average person are going to establish some very exotic kind of HMO reform to me is simply would think that the pain that they and bureaucratic process whereby you not true because, if there was a real ef- have necessitates their going to the would have some kind of review with fort to do that, then they would have emergency room, then the insurance some sort of penalty to the HMO. It allowed the process to proceed, and company has to cover it. That is not took them almost 15, 20 minutes to de- this bill would not have been killed in true in the Republican bill. If, for ex- scribe it. Well, the bottom line is that the other body. ample, you have severe pain and the in- if I am denied care and I am seriously Let me also say that for the those surance company decides that severe injured because I cannot get that care, who think that somehow there is not pain does not qualify for emergency I have no access to that care, I should some cynical aspect to all this, and I room care in a given circumstance, be able to sue the HMO. I can sue the mentioned before that the insurance then the insurance company will not doctor. Why can I not sue the HMO if companies basically wanted to kill pay for your emergency room bill. they are the ones who are making the HMO reform, we have a document in Again, there is really no progress, if decision about denial of care? I know here that talks about the Business you will. Everything is pretty much my colleagues on the other side are Round Table that is basically financed the same. It is like the status quo. saying, well, we do not need any more by the health insurance industry that Protecting doctors and nurses from lawsuits. That may be true in general, is beginning now a $2 million ad cam- HMO bureaucrats. The GOP bill does we do not need as many lawsuits as paign thanking the Republicans in key not help doctors and nurses to serve as perhaps we have, but do not tell the House districts for their opposition to October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10903 HMO reform. Now basically these are children’s issues also child neglect? It their schools return to be the centers the companies that spend millions of is a sad indictment that the 105th Con- of learning and safe haven that they dollars successfully lobbying to kill gress, even in these waning hours, still once were and that all America’s chil- any major health insurance reform a has not passed the President’s edu- dren are treated fairly. few years ago when the President put cation initiative to ensure that our f forward his plan. Well, now they are children will have smaller classes and THE VALUES OF CONGRESS ARE spending another $2 million to make more teachers, safe and sound school POISON TO THE SENSIBILITIES sure that people, that Republicans are buildings, the tools they need to be OF THE NATION returned to Congress who will continue successful in life and the after-school to oppose HMO reform. programs that are proven to reduce ju- The SPEAKER pro tempore. Under There is just some information here venile crime. This Congress has also the Speaker’s announced policy of Jan- about how they are going about it, but neglected the needs of working or uary 7, 1997, the gentleman from Colo- this is a coalition and its member orga- would-be mothers and their children by rado (Mr. BOB SCHAFFER) is recognized nizations from the health benefits coa- failing to provide safe child care and for 60 minutes. lition, and they are the ones that are training for those who provide it. Mr. BOB SCHAFFER of Colorado. essentially out there to make sure that As we go back to our districts to ask Madam Speaker, the impasse between Members are elected who are friendly our constituents to give us another 2 the Congress and the President has to the health insurance industry and years to represent them in Congress, now held this great body in session 5 who will not be supportive of HMO re- what will we say to those mothers who days beyond our planned adjournment form. after we Democrats turned back more date. The principle disagreement is a But I want to say this: of the draconian measures of welfare typical one of whether this Nation will This issue may be dead for this Con- reform began to look forward with redistribute greater portions of the gress, but it is not dead for the Amer- hope for training and jobs so that they taxpayers’ wealth or devote it to debt ican people. This is the number one can have a better life for themselves relief and the people themselves. Our issue that Americans care about. It is and their children. We can only tell failure to resolve these matters has de- the number one issue that is brought to them that their hopes are being dashed layed us from returning to our home my attention by my constituents, and I because this Congress, under Repub- States, to our constituents, and most know that next year, when the new lican leadership, has failed them by not of all to our families. Congress begins, this issue is not going providing the child care they need. A few days ago, I came to this floor to go away, it is going to be out there Madam Speaker, the 105th Congress and addressed the House on my as a significant issue once again. The by not passing a real patients bill of thoughts about the public morals and public will be clamoring for reform be- rights has also failed to provide moth- of the Nation’s character. I directed cause the problem is not going away. ers with the security of knowing that that address at my three daughters, There is going to be more and more when our children are sick or injured and tonight I intend to express to the pressure, if you will, built up to do needed care will be there, that their House my thoughts about my son, Jus- something about HMOs and to have doctors will be able to refer them to tin, who is 9 years old and wondering, these kind of patient protections. the specialists required or be able to I am sure, why his dad has been gone so So let us just rest assured we are make the necessary decisions to bring long. He knows, I think, the impor- going to be here again to deal with them back to good health. tance of the Nation’s business in Con- this, and even if Members of Congress In my own District of the Virgin Is- gress, and he knows I would not remain are elected on some sort of platform lands and the other territories the away for trivial reasons. because of what they owe to the insur- issue of health care in children care Madam Speaker, it is significant that ance industry, that, you know, they and children comes together at its a major or portion of today’s debate in- cannot support this, I guarantee that worst. It would be a travesty, Madam volves the issue of public education. I the public is going to clamor for these Speaker, if we were to adjourn continu- believe the Republican agenda is the patient protections and we are going to ing to shortchange the children who proper one, to send more education au- be back once again fighting for the pa- live in the offshore areas of the United thority to the States, to local schools tients bill of rights to make sure that States by not giving them equitable and to every family. Our opponents it is passed in the next Congress. funding under the children’s health in- have the opposite idea. Theirs is to ex- f surance program. pand the scope of the Federal Govern- We must not go home at the end of ment in this important area, to fed- CONGRESS FAILS TO ACT ON this week leaving American children in eralize various aspects of a tradition- ISSUES AFFECTING OUR CHIL- the territories without health care cov- ally decentralized system. DREN erage, especially when Medicaid in the Now their plan is to grow the size of The SPEAKER pro tempore. Under a territory is capped at levels that lock the Federal Government at the expense previous order of the House, the gentle- many outside of Medicaid’s doors as of State and local autonomy and lib- woman from the Virgin Islands (Ms. well. Madam Speaker, it is un-Amer- erty, and I raise this issue, Madam CHRISTIAN-GREEN) is recognized for 5 ican for any citizen to be treated un- Speaker, because the debate coincides minutes. fairly or excluded from these basic pro- with one of the most historic decisions Ms. CHRISTIAN-GREEN. Madam grams because of where they live. this Congress must resolve, and that is Speaker, first I would like to thank my Dr. Marian Wright Edelman reminds the matter of impeachment of the colleague, Mr. PALLONE, for setting the us that service is the rent we pay for same chief executive who would be record straight on the patients bill of being here on earth. Unfortunately my charged with commanding the edu- rights and managed care reform. But, colleagues on the other side have not cation authority in question. Madam Speaker, my desire to be a been serving our children because of Education is about values. Public Member of the Congress of this United their failure to bring these bills to the education is about public values. And States comes chiefly from wanting to floor, so they have not been paying the education of America’s children is help create a better world for my two their rent for being in this Congress, about the future of human civilization daughters and all children. That is why and the voters of this country will send and life on the entire planet. this Congress’ failure to act on so them an eviction notice on November As a father of four children, three of many bills and issues affecting our 3. whom attend public schools, I will tell children is so frustrating and distress- I call on all of my colleagues to start you this: ing to me and mothers across this paying our rent by insuring that chil- The last thing we should do is give country. dren have adequate child care, Head the bureaucracy in this city more We talk a great deal about child Start and after school care, that they power to manipulate the Nation’s local abuse and neglect as a tragic crime are protected from those who would ne- schools. The values of Washington, that it is, but is not what the leader- glect and abuse them, that the care is D.C., are poison to the sensibilities of ship of this House has failed to do on put back into health care and that the Nation. There is no one, no one at H10904 CONGRESSIONAL RECORD — HOUSE October 14, 1998 the White House whom I would trust to some or why America is great or what They seem to think that the ability to shape the academic structure of our it will take to keep this shining Nation wield power is sufficient. Character schools, much less convey the moral glowing bright. America needs great does not count, they claim; results are precepts of our Declaration or shape men and women now more than ever, the only measure, they say. the character of our children. In fact, and America will need them always. Justin, just imagine if this were true our purpose here in this Congress Now I have had the privilege to meet for sports. People who are caught should be just the opposite. so many, many great men and women cheating would still get trophies and The values of America are strong. and know them well, and our history is medals. When cheating is allowed, vic- Our moral purpose has been defined by replete with many more. My hope for tory is meaningless. How one plays the 222 years of glorious history as a you has always been that you might game is as important as winning. mighty Nation based on simple pre- one day be called by your peers a great I think Teddy Roosevelt would have cepts, that we are governed by basic man. agreed that great men must first be truths, self-evident ones at that. One of my favorite presidents, Theo- good men. There cannot be effective Our purpose, Madam Speaker, should dore Roosevelt, he once said and I leadership without honor and integ- be to apply the values of America to quote, the best boys I know, the best rity. In fact, a man of integrity and this city, not the other way around. men I know, are good at their studies honor provides leadership wherever he The voices of decent Americans should or their business, fearless and stalwart, goes. In his home, in his office, in be heard over and above the petty par- hated and feared by all that is wicked school, in his church, in his circle of tisanship and unruly law-breakers of and depraved, incapable of submitting friends, he is an example to others. this capital. to wrongdoing and equally incapable of President Roosevelt was considered For the truly patriotic Members of being not odd, but tender to the weak by many to be a great man, and, for Congress, I know that this is why you and the helpless. the most part, our Nation has been led are here at this very moment in time. These are the words I was taught as by great men. Your courage is an inspiration because a boy. The rules which govern the be- Justin, the news of recent months through you the decency of the Amer- havior of truly great men are the same have revealed stories about the behav- ican people speaks, and I want my son, in the office as in the home. In the ior of a man who is very different. The Justin, to know that the innocence of a heart and in every action there is no television, the newspapers, Hollywood, little boy is the hope for America, and separation. these institutions might even persuade Now some will say that it is perfectly he is the reason I am here. a young boy that this kind of behavior okay to be immoral in one’s private So, as we debate whether to export is somewhat normal, understandable, life or so long as one’s public life is re- the values of Washington, D.C., to Col- maybe even excusable. Young boys spectable. orado and every other State, I want to today are led to believe that everyone make a case for the young boys and b 1900 does these kinds of things. girls all over America, that they may They say a decent man need only be Justin, no, they do not. No, they do be raised up in spite of this terrible good in the eyes of others, not good in not. folly that has transpired over the past his heart or good when no one is look- The kinds of things you have heard several months just at the other end of ing. They say it is okay to tell some about and about which little boys gig- Pennsylvania Avenue. lies, as long as one tells some truths. gle during recess are not normal. The Madam Speaker, my message to my An honest man need not be totally example of the White House is not the son is as follows: honest, in their estimation. One need way we live at our House, and, if I ac- Justin, how confusing it must be to not be faithful or loyal, just likeable. complish nothing else in Congress, I grow up at a time when public behavior One can be selfish to strangers, so long hope to successfully impress upon you differs so much from what you know to as one is generous to friends; can be this point. In that I would be most be good, honorable and right. There are cruel to adversaries, if he is kind to pleased. things I want you to know and remem- supporters. They believe that there can You are my highest responsibility. I ber forever. America is the greatest be victimless crimes. They believe the thank God every day for you, that he Nation on earth because it is a Nation end justifies the means. They say they has allowed me to raise you in Amer- under God, and we have come so far as are sorry, but do not stop doing what ica. a people because throughout our his- they are doing. Just a few hours ago somebody out in tory great men and great women have In all these things they are wrong. I the hallways behind the Congress gave looked to the Almighty for direction in submit that what matters most is what me some advice and asked me to pass it making all the decisions that have af- is in a person’s heart. Good people do along to you, and it is good advice. It fected you and me to this very day. what is right, even when it would be is good advice for all young boys in And I believe with all my heart that easier to do wrong. They do what is America. he has blessed America. America is not right when no one is looking. I might say for any of my colleagues great because of Congress. It is not People who are worthy of our respect who are interested in acquiring this great because of the Supreme Court, or hold themselves to high moral stand- document, just please call my office, the Constitution, or the Declaration of ards in every area of their lives. When and I will be happy to pass it along or Independence, or because of the presi- the camera is not rolling and they are refer you directly to the source. dency; not because of our military behind closed doors, good people are Number one, when people say mar- might, our natural resources or our faithful. Good people are kind to every- riage vows do not matter, you must prospering economy. No, America is one, not just their friends. They know honor marriage. Americans have al- great because common people with big that wrong actions always hurt some- ways believed that marriage vows mat- dreams and caring hearts have main- one. They know that wrong deeds di- ter. tained the faith that there is some- minish the doer as well. Number two, treat women and girls thing bigger and more noble to pursue. There is no honor in a victory if with dignity and respect. America is great because of you and someone cheats. How one accomplishes Number three, character does mat- your sisters, little boys and girls just something is as important as what is ter. One of the most damaging aspects like you. You are the messengers that accomplished. When good people make of the scandal is the idea that char- we will send into another time. And a mistake, they tell the truth. They acter in our leaders does not matter, so what message will you carry, what recognize that people have been hurt long as we are prosperous and at peace. message will you carry with you when by their actions and they apologize. That cannot be true. When you think you one day lead as all American citi- They do not continue doing wrong. throughout the history of America, all zens lead? They are willing to submit themselves of the great moments in our existence, As your father, I do not want you to to authority. In the words of Teddy we do not remember the great heroes lose hope because of the disgrace of Roosevelt, these are the best men. in our history because of some eco- certain leaders, I do not want you to be Some question the need for honor nomic plan that they devised, because confused about what is good and whole- and integrity and truth and leadership. of some road they built or bridge they October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10905 constructed or some war that they won ship and guidance for precisely that are enduring presently here in Con- or some budget that they crafted. Take reason. They know that the Declara- gress in dealing with an unfortunate a walk around Washington, D.C. Those tion of Independence was something question which we must resolve can be individuals who are enshrined in brass that brave men and women shed blood just a temporary occasion from which and marble are enshrined because they over, that the principles are self-evi- this Nation can emerge even greater. were men of character and women of dent truths, that we are all created That is my hope and my prayer. It is integrity. That is what we remember. equal, endowed with unalienable my message to my son Justin, and in a That is what makes America great. rights, to life, liberty and the pursuit second I will yield to the gentleman Character does matter. of happiness. And to that declaration from Georgia. Number four, honesty is the best pol- and to that concept, our settlers, our Madam Speaker, earlier today our icy. Lying is unacceptable. forefathers, those who led the west- negotiators with the White House had Number five, the truth, the whole ward expansion, carried with them a been engaged, with the Senate, with truth and nothing but the truth, is the vision for all Americans that we will in the White House negotiators and oth- code of justice. our moments of truth stand for those ers in trying to craft an appropriations Number six, take responsibility for same principles and stand up for the bill to pay for the government. The your actions. Do not blame others if Declaration of Independence and con- longer we stay here in Washington you are caught doing something wrong. tinue on that great revolution that talking, the more expensive it seems to Today we see numerous examples of they started 222 years ago this year. get. people in public life who blame others They said at the end, ‘‘And in support This Congress agreed earlier on in for their wrongdoing. Do not do it. of this declaration with a firm reliance the year that we would work hard to- Number seven, take responsibility, upon the protection of divine provi- ward a balanced budget, and it was and that means accepting con- dence, we mutually pledge to ourselves fairly exciting, I would say, for most sequences. The higher your position, and each other our lives, our fortunes people throughout the country, cer- the greater your obligation to observe and our sacred honor.’’ tainly my constituents back home in the law. Honor does matter. It is what Colorado, when the numbers began to Number nine, because we are all im- launched a country, it is what pre- come in showing we have achieved perfect, we must submit to the rule of serves us today. And it is how we those objectives, that we balanced the law. should live, at home, at work, at budget as a Republican Congress, in Number ten, put principle first. school, and in the White House. fact four years ahead of when we prom- Those are important words to live by. There is more great advice for us to ised originally in the last election sea- I hope you will never forget them. live by, and I want to finish with this. son. The budget we promised to bal- Your mother and I have done every- We all have gifts that differ accord- ance in the year 2002 is in fact balanced thing we possibly can to give you these ing to the Grace given to us: Prophesy this year in 1998. words of wisdom and occasions for in proportion to faith; ministry in min- The President of the United States guidance, so that you will not be dis- istering; the teacher in teaching; the has even gone to the point of heralding tracted or discouraged when you see exhorter in exhortation; the giver in a budget surplus and devising plans on the kinds of examples that have been generosity; the leader in diligence; the how to divvy up that surplus and how exhibited in the highest offices in the compassion in cheerfulness. Let love be to spend it, and that really is what land. genuine. Hate what is evil. Hold fast to stalls us here in Congress now. Five Here is what other officeholders and what is good. Love one another with days ago we would have adjourned, famous Americans have said about mutual affection, outdo one another in were it not for the President wishing to character and how it does count. showing honor. Do not lag in zeal, be break his faith with that earlier budget Samuel Adams said, ‘‘It is not pos- ardent in spirit, serve the Lord, rejoice agreement. Setting the surplus aside sible that any state should long remain in hope, be patient in suffering, per- for additional spending is something free where virtue is not supremely hon- severe in prayer, contribute to the that the Republican Congress is really ored.’’ needs of the saints, extend hospitality not interested in, yet that is what the Our first president, George Washing- to strangers. Bless those who persecute President is insisting upon as we stay ton asked, ‘‘Can it be that providence you, bless and do not curse them. Re- here to negotiate with him. has not connected the permanent felic- joice with those who rejoice. Weep with We managed to pass the first tax cuts ity of a Nation with its virtue?″ those who weep. Live in harmony with in 16 years, capital gains tax cuts that John Adams said, ‘‘Public virtue can- one another. Do not be haughty, but the Chairman of the Federal Reserve not exist in a Nation without private, associate with the lowly. Do not claim Board Alan Greenspan says is driving and public virtue is the only founda- to be wiser than you are. Do not repay the most prosperous economy in the tion of a republic.’’ any one evil for evil, but take thought world today. In fact when he testified Abigail Adams said, ‘‘Above all for what is noble in the sight of all. If just at the other end of the Capitol be- things, support a virtuous character.’’ it is possible as far as it depends on fore the Senate Finance Committee ap- Thomas Jefferson said, ‘‘Never sup- you, live peaceably with all. Never proximately one month ago, Chairman pose that in any possible situation or avenge yourselves, but leave room for Greenspan said what is driving eco- under any circumstances that it is best the wrath of God, for it is written, nomic prosperity in America is capital for you to do a dishonorable thing, vengeance is Mine. I will repay, says gains, that the capital gains tax reduc- however slightly so it may appear to the Lord. tion has allowed for trillions of dollars you.’’ No, if your enemies are hungry, feed in private capital to be available to be James Madison said, ‘‘But I go on them. If they are thirsty, give them reinvested in the economy. this great republic in principle, that something to drink. For by doing this b the people will have virtue and intel- you will heap burning coals on their 1915 ligence to select men of virtue and wis- heads. Do not be overcome by evil, but What that means, Madam Speaker, is dom.’’ overcome evil with good. that private risk-takers, families, Frederick Douglas said, ‘‘The life of Madam Speaker, my son really is, farmers, business owners, small busi- the Nation is secure only while the Na- and my three other daughters, are the ness owners as well as large, are taking tion is honest, truthful and virtuous.’’ most important things in my life. My the risks and making the investments And the Bible, Proverbs, says, ‘‘When wife and I work very, very hard to raise to create jobs, to create wealth, to cir- the righteous are in authority, the peo- up a family where these children are culate and recycle that private capital ple rejoice; and when the wicked rule, given the guidance that we have been in the economy over and over and over the people mourn.’’ given. again in a way that has driven up con- Honor and integrity does matter. These children really are the mes- sumer confidence, that has driven up Honor and integrity matters always. sengers that we send into a distant investors’ confidence, that has driven The rest of the world looks to the time, and it is important that they un- up every single indicator, or most indi- United States of America for leader- derstand that these dark days that we cators, in the American economy. H10906 CONGRESSIONAL RECORD — HOUSE October 14, 1998 By lowering taxes, the capital gains We have also made, in this particular where America’s interests are very ap- tax, in this example, we have lowered appropriations agreement that we are parent. the effective rate on the American peo- fighting for today, a number of signifi- It is unfortunate when we lack the ple, but at the same time driven up the cant steps to try to free up local kind of leadership that the chief execu- tax revenues collected by the Federal schools, so that we can educate the tive ought to be able to provide, and Government, because we generated an children of America better. that most chief executives over our economy based on growth. By taxing There are two differences of opinion, history have been able to provide, and the growth in the economy more often, certainly, here on the floor of the do so in a way when our troops are un- more frequently, at a lower rate, we House of Representatives. The Demo- derfunded, when they do not have the have managed to make for an occasion crats, their plan calls for hiring more support and the backup and the equip- when the budget balances earlier than government bureaucrats, growing the ment necessary to do the job and do it we had thought. size of the United States Department right, and walk into any situation con- We also cut the inheritance taxes or of Education, tying more strings and fident, knowing that they will never the death tax. We have gone back for red tape to the dollars that leave Wash- lose. more, when it comes to death tax cuts, ington, D.C. and go back home to the That is what America ought to rep- just recently. The farmers and ranch- districts, to the people who worked resent overseas. That is what our mili- ers throughout the eastern plains of hard to raise the money to send it here tary strength ought to show. That is Colorado tell me that is a critical tax. in the first place, so the bureaucrats what every soldier who wears the flag It is one that suppresses the farm econ- could play games before they send it ought to be able to convey, because omy, and they say that we have un- back, and generally to expand the au- they are Americans and they matter to leashed, to some extent, economic pro- thority and influence of Washington, us. ductivity in farm country by lowering D.C. over and above our local schools Protecting our budget surplus is the capital gains tax rates. and our local communities. something that we believe in. The As many of these farmers and ranch- We are for local control of education. President wants to spend that surplus ers approach retirement age, they are The President insists that beltway bu- on more Washington bureaucracies, looking for ways to hand the farm over reaucrats, not teachers, parents, and and even stopped the middle-income to their children. It becomes prohibi- local school districts, control edu- tax relief to accomplish that goal. tive, as a result of the capital gains cation policy, including even deciding When it comes to winning the war on tax, to hand the farm over to the fami- what type of teachers the District drugs under President Clinton, teenage lies presently, but establishing an es- needs. I think that is ridiculous. drug abuse has soared. His administra- tate structure to allow for the farm to Our idea is pro-liberty, pro-freedom. tion would even allow free needles for be passed on to descendents in the We talk about the liberty to learn and heroin users and other drug addicts. We event the current owner passes on or the freedom to teach, cutting the red are committed to reversing that trend, dies is the way most farms are actually tape, cutting the strings, cutting the stopping the needle exchange and win- broken up today. They are broken up rules, cutting the bureaucracy that ning the war on drugs. because upward of 50 percent of the this city likes to attach to our city We stopped the President’s $130 bil- value of the asset, the farm, has to be back home, so that teachers can do lion in tax and fee increases. It is not given to the government. The family their jobs as they know best how to do, enough for President Clinton to spend has to go visit the undertaker and the so that administrators can lead their the Federal budget surplus. Remember, IRS tax agent on the same day, selling schools in the directions that mirror his budget called for $130 billion in tax off equipment, selling off quarters of the values and the priorities of their and fee increases to finance his bigger the farms. It makes for an economic communities, so that school board government, taxes on middle-income entity that often just cannot survive members can make the kinds of deci- families, retirees, those who save, and economically. sions that they were in fact elected to job-creating businesses. Mr. Speaker, the inheritance tax is a do without the unfortunate and unnec- We are working hard to stop the devastating tax to America’s farmers essary intrusion of bureaucrats in President’s $150 million in new spend- and ranchers. I would hope that we will Washington, D.C. ing. The President’s budget asks for 85 be able to continue to press forward, We passed the Dollars to the Class- new Washington spending programs, not only with providing some relief for room bill, Madam Speaker. The Dollars including 39 new or expanded entitle- the inheritance taxes, but also reduc- to the Classroom bill was the legisla- ments. The entitlement spending alone ing the demand on the other end, by tion that insisted that 95 percent of accounted for nearly $53 billion for 5 shrinking the size of the Federal budg- every dollar that Washington currently years. et, slowing the rate of growth in Fed- spends on education actually makes it Do Members realize that when we cut eral spending, so that the demand for to a classroom. taxes last year and relieved the tax onerous tax revenues can be dimin- The only opposition we had was from burden on the American people, the ished; so we can abolish the inherit- the other party, the Democrats. When American people became more produc- ance tax, for example, the death tax. it comes to distributing the Federal tive? They invested more wisely and Imagine that, getting rid of the death government’s money, in the classroom they worked harder. When consumer tax. That is our goal on the Republican or in Washington, the Republicans confidence went up, people consumed side. That is what is at stake in these chose the classroom. The Democrats more, they invested more, they spent debates that are taking place down- chose Washington. more. Private capital was recirculated stairs and tomorrow on trying to We are also fighting for a strength- through the economy at greater fre- achieve some kind of compromise on ened military. The President has al- quency. We taxed it more at a lower this appropriations agreement. lowed our defense budget to shrink to rate, we generated more revenue to the Madam Speaker, our plan also called dangerous levels while he expands our Federal budget and for the Federal for a $500 per child tax credit, in our commitments overseas. Our soldiers, Government than even our best econo- belief that families are important and our troops, our sailors and airmen, are mists had predicted. essential as the most central social overseas engaged in police actions of What we proved last year, and again unit in American society. We believe various sorts, without clear direction this year, is that President Reagan was that finding ways to relieve the bur- from their Commander in Chief, with- right, that we can cut taxes and bal- dens on families is important, and we out clear guidance as to the nature of ance the budget quicker, improve the will continue to press for those, to their mission, in many cases without economy faster, in a way that allows make it easier to send our children to being on one side or the other, just us to save social security and pay down college, to save money for their health standing in between warring parties, the debt even quicker. We believe that care, to put money aside for their col- trying to resolve civil wars where to be true. The Members are showing lege education, to put money aside for America’s interests are not all that that we are right. the things that any family believes to clear, yet at the same time ignoring Really is what is at stake is whether be important for their children. troubled hot spots around the world we are going to allow this president October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10907 today to put the brakes on robust eco- mid or late seventies has been to grow If the gentleman will continue to nomic growth by passing a bigger budg- the size of Washington’s bureaucracy yield, I would like to show him some of et than the country needs, by passing when it comes to education. The De- the education components that we greater spending than the country has partment of Education was created have passed in this Congress this year, to have, and by further delaying the re- during the Carter administration. It which we are trying to get, and I think ductions in tax cuts, reductions and has consistently grown and grown and we are going to be successful in getting tax cuts that the American people so grown. a lot of these in the budget, the Higher richly deserve. The percentage of Federal funds or Education Act, the A-Plus Savings Ac- We know that is a winning strategy Federal involvement in our local count Act. Now unfortunately that was on our part. We know it is a strategy neighborhood schools has grown dra- vetoed. $500 million more for special that the American people want. We are matically, and I know the impact in education. The students in special edu- willing to stay here as long as it takes my community back in Colorado has cation have particular needs that are to see that prudence prevails in these not been positive by the Federal Gov- not always met by the normal funding negotiations that are taking place ernment’s manipulative efforts here process. downstairs. out of Washington. Mr. BOB SCHAFFER of Colorado. Mr. KINGSTON. Madam Speaker, I am curious as to what the impact of This is one of the most important will the gentleman yield? the growing Federal bureaucracy has points, I think, in the Republican ac- Mr. BOB SCHAFFER of Colorado. I had on the schools in the gentleman’s complishments for education. The spe- yield to the gentleman from Georgia. local neighborhoods and local schools cial education program, and the fund- Mr. KINGSTON. Madam Speaker, I back in Georgia. ing for special education, is a matter of think it is real important for us to just Mr. KINGSTON. Let me tell the gen- civil rights. The Supreme Court has de- have a good balance between reducing tleman, I will give three examples. A termined that the Congress has now a spending and trying to fund necessary teacher in Saint Mary’s, Georgia, told legal obligation to really look out for programs. me that she had just returned from This Congress has done a great job the children who are of special needs, Athens, Georgia, where she went to a that they deserve the kind of edu- towards balancing and protecting and seminar where they taught teachers cation, the highest quality of edu- preserving Medicare, protecting and from all over the State how to behave cation possible, to live the American preserving social security, and reform- around students. dream as all students would. ing welfare, and providing, as the gen- b tleman has stated, the first tax cut in 1930 Yet, when the special education pro- 16 years. What they meant by that is one has grams were created, this Congress, I still think the American people are to be careful to never be alone with a under Democrat leadership, has con- overtaxed. We have to be very, very student because they might do some- sistently eroded the funding for the careful with how we spend the money thing to the student. They should program. So here again, we have a lib- that we get from the hardworking never go to a bathroom or a gym lock- eral model of government bureaucracy American people. On the same hand we er room alone with a student. that establishes the rules and slowly are going to continue to push for these These are prudent things, but then drains away the funding that you need things, even if we do not get the full they went on to say one should not to comply with those rules. load this year. ever hug a student and one should Today we have many, many school I think it is very important for us to avoid being with a student after class districts, in fact every school district stay at the table, get the job done, hours. Now think about that for those throughout the country is trying to make sure that education is run as who may be a little slow on algebra, deal with the red tape, the rules, the much as possible on the local level, not need to hear the grammar for a second regulations, which are fine. Some of out of Washington bureaucracies, not time in order to get it. I had to often these rules make sense and they lead out of State capital bureaucracies. go back after class and talk to the to noble and worthwhile purposes and We have stood strong for lowering teachers. They are telling these teach- we need them, but these schools also the teacher-to-student ratio. We want ers not to do that. need the funding necessary in order to more teachers in the classroom, but we The worst part is she told me they meet this mandate from the Federal do not want those teachers to work for were told not to hug the students, and Government. Washington, we want the teachers to she said I live in an area where we have This is a huge, unfunded mandate, work for the local school board. We a lot of young families, a lot of mili- and one that we are committed to re- want the local school board to be able tary families, dads are away, on ships solving. By placing an additional $500 to make the decisions. in the Navy a long time. Some of these million in this particular line item, we It is similar to the COPS program, kids are actually from a broken home. have dramatically increased the per- the community police officers on the They need a hug a lot more than they centage of Federal funding for special street. In my area in Statesboro, Geor- need an A. education students. gia, they have utilized COPS grants to She went at taxpayers’ expense to This is a point of contention between put police substations in different hear from the bureaucrats at the State the White House and the Congress. In housing developments, in high-risk Department of Education, who heard fact, the President opposes our efforts crime areas. What has happened as a from the bureaucrats in the Washing- to increase special education funding result of that is crime has gone down ton Department of Education, do not in this appropriations bill. He would in this crime-infested area, and the lit- hug your children down in Saint rather take that $500 million and spend tle children are looking up to police- Marys, Georgia. I think this teacher it on a free needle exchange program, men. They are making friends with the was capable of making her own deci- spend it on other kinds of ridiculous policemen. Instead of running from po- sions. A teacher in Darien, Georgia, I programs that are a high priority over licemen and seeing them as an enemy, asked her how much paperwork she has at 1600 Pennsylvania Avenue, not up at they see them as a good citizen, and, if to do each day beyond grading papers this end of the street. you will, a father figure, in many in the normal paperwork that comes We are committed here. This is why cases. It has been very positive. with being a teacher and she said she these negotiations are carrying on as The reason why that COPS program I spends about 30 minutes a day; 30 min- long as they are, because we are com- think has worked in Statesboro, Geor- utes a day. That is 2 to 3 hours a week mitted to funding this program for spe- gia, is because they do not rely on filling out forms of statistics, often cial education students to a much Washington to tell them how to spend which are meaningless to the bureau- higher and greater degree than we have the money or where to spend the crats in Atlanta, who send them to the been able to do in past years. It is a money and when to spend the money. bureaucrats in Washington. real remarkable turnaround for the We want to do the same with edu- What we are trying to do, and I think American people. cation. this budget agreement is moving in I know when I hear from school board Mr. BOB SCHAFFER of Colorado. that direction, is to give more power to members, administrators and teachers The history of the country since the the local teachers. from back home, they really have their H10908 CONGRESSIONAL RECORD — HOUSE October 14, 1998 eye on this particular line item. They Mr. BOB SCHAFFER of Colorado. Re- and all of the States east and west of are really hoping that the Republicans member just last year, during the them. win out on this debate, that we are able State of the Union address, the Presi- There are not that many States east to beat the President on this particular dent stood right behind where the gen- of Georgia right now, but the way the topic because they know the children tleman is standing right now by just a government is expanding they might back home who have special needs, who few feet, stood here and announced to put a few people out there on pontoons need additional funding, who need this all of us assembled in this Chamber and or something. One has to be careful particular line item, who are protected also to the country that the era of big with this crowd. under the civil rights laws of our coun- government was now over; signaling The reality is, though, the average try now, and this is the one of the few that he was now going to join hands hard working American, in my opinion, legitimate areas of Federal funding with the Republican Congress and fight wakes up in the morning, scurries to that this Congress is constitutionally for a balanced budget, to fight for re- get ready for work, both mom and dad, bound to deliver as determined by the duced spending, to keep us on that and get the children shoehorned into Supreme Court. trend line that the Republicans had es- their clothes. In my house, and I know Mr. KINGSTON. A number of parts of tablished as a long-term goal for the in the gentleman’s house, we are full of this are so important, teacher testing Nation. children and the gentleman knows that for teacher competency, Reading Ex- I think that the Republican Party their shoes disappear overnight. Even cellency Act, high job skills training. has done a good job and the Repub- if they put them in a particular place, One item I wanted to talk about, licans here in Congress have done a the shoes seem to walk under their own though, school nutrition, now I am on good job conveying the message to the power, and somehow there is always a the Committee on Agriculture and my country, and persuading the country book, even though they have packed friend, the gentlewoman from New that less spending is better; that more their backpack the night before there York (Mrs. LOWEY) also was formerly savings at home through tax relief and is a book that is missing, so somewhere on the Subcommittee on Agriculture, through smarter investments and a in that dynamic the kids have to be Rural Development, Food and Drug Ad- stronger economy is more liberating, dressed and organized and then fed, ministration, and Related Agencies. We provides more freedom for the Amer- again, good nutritious breakfast so work hard to protect school nutrition, ican people and they have really sent that they will be good learners. Then they have to be scooted off to to make sure that our children have a us all a message, Republicans and school to the bus station or drop them good balanced meal, and it is not just Democrats alike, that we need to start off in the car pool and then run off to lunch. doing some more belt tightening, that They often need to have a breakfast there is still a lot of fat in government, work. At work, we go back to a pile of program, because the only warm meal that we are still funding programs that paper or jobs that we could not com- that they get is at the school. So we we do not need. Yet, when the Presi- plete the day before and we work real want it to be a good meal. We want to dent came over just last week and said, hard for that. Then we get an hour for make sure that the food is safe. We wait a minute, this plan we had all lunch but we have to cut it off because agreed on up to this point of balancing want to make sure that the food is nu- we have some stuff to do. We are sup- the budget, of trying to set money tritious and that it is quality. We do posed to get off at 5:00, and it is kind of aside for Social Security, for other im- not want a situation where some hard but the day care center closes at portant purposes, is something that he broker is coming in there with some 6:00 so we have to push through, leav- does not agree with anymore. Heading special deal to pawn off on American ing some more stuff at work, to get the into an election, just a month out from school children some third grade beef. kids and then get home on time, maybe So we have worked hard to make the election, he has gone back to his run by the grocery store to get some- sure that our children are served con- old ways and his friends over on the thing on the way. sistently good quality meals. We think Democrat side, they are just joining This is the modern nineties marriage. that is going to make also a better edu- him almost instinctively because now This is the modern nineties family ex- cation product, but these are things they are back talking their old lan- perience. These folks do not sit around that Republicans and Democrats can guage again, spend more money, spend and watch us necessarily on C-SPAN, and do agree on, and we move in the more money, delay tax cuts, do not as brilliant as we are, and they are out right direction of it with this budget talk about paying down the national saying, I am spent. By the time I get agreement because we believe there is debt; do not talk about rescuing Social the family fed, get myself unwound, so much that we do agree on, and un- Security; do not talk about Medicare. get the dishes done, get the yard work fortunately so on in the negotiating Let us spend money right now while we finished for the day and whatever day- process we go at it like it is the World have got it in our hands. That is the light is left, finish with the kids’ home- Series and there is only one team that way they won elections year after year work and get them in bed and bathed can win. after year. and all the good stuff, it is over with. We have a vision that is different of I am just curious as to the gentle- People do not sit down and read the government than the Democrats. Yet, man’s opinion. I do not think it is paper and think about national policy. when you put the two visions together, going to work this year. Does the gen- What they do is say we voted. We ex- as we often will in a budget agreement, tleman think it is going to be a suc- pect the Members of Congress to do a America wins; not Democrats, not Re- cessful formula for liberal victories good job. Republicans or Democrats, publicans, not the White House, not around the country? Do the American we expect them to put their party dif- Congress but America. That is what people really want to see this Congress ferences aside and do what is good for these negotiations are all about. spend more money? the country, and we want our govern- One of the things that I do want to Mr. KINGSTON. I believe that the ment to work. By working, we want a talk to the gentleman about a little American people are interested in less budget that is balanced. further is the level of reduction in gov- government overall. They had more This Congress has balanced that ernment spending, how we are moving control over their lives and more con- budget for the first time since 1969 be- in a direction where we are bringing trol on a local level. If a local city cause of reductions in wasteful spend- down the level of government spending wants to do something, provide a serv- ing, and slowing down the growth of and we think that it is very important ice, and then they want it in Colorado government. They want a Medicare to bring that level down consistently but they might not want it in Georgia, system that is going to be there for because the smaller the growth of gov- people want that decision to be made them and the future, not one that is ernment, the bigger the growth of the in Colorado and in Georgia, not in going to be imperiled year after year private sector, and that is where jobs Washington. Unfortunately, as the gov- and fixed for election year purposes are created. That is where the budget ernment grows, it is all up to some only. They want one that is solid, actually gets balanced and that is unnamed, faceless Washington bu- which this Congress has solidified on a where more quality goods and services reaucracy to say this is what is good bipartisan basis. They want a Social get to people. for the people of Georgia and Colorado Security that is reliable. October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10909 We have put aside $1.4 trillion for So- race. I mean, they have a hard time lib- push any prosperity that America is cial Security. For the first time in 40 erating themselves from it. I think enjoying now on to future generations. years, Social Security has been pro- that is why it is so important for to us We are determined to stand here and tected. They want to know it is there remember that, when we are spending say, no, that we are not going to leave for them. They also do not want to pay money, it is not our money. It is the for home until we are convinced and 45 to 50 percent of their income in American people’s money. able to stand proudly in front of our taxes. They feel their taxes are quite If we are walking down the street, constituents and say we did our level adequate, and we ought to do well with and we find a wallet, the wallet has best to continue this downward de-es- the money we are already taking out of $100 in it. We do not go rush out and calation of government spending, that their paycheck. say, okay, here is what I am going to we have tried to raise the amount of That is why they are happy that this do with $100. We say, oh, man, a wallet. revenue that the Federal Government Congress has cut taxes for the first Somebody has lost $100 how do I get it generates, not through higher taxes, time in 16 years, and they want us to back to them? Oh, let us see, here is but through more economic productiv- do it again because they are tired of their address now. I am going to return ity. That is our promise and our mes- busting their tails and having us share this money and the wallet, and they sage and what we are here fighting for in it just because we have the power to are going to be happy, and I am going tonight, and the reason we are here do so. to make share day. That is what we do. now. Mr. BOB SCHAFFER of Colorado. Here we have a surplus, people have Mr. KINGSTON. Mr. Speaker, I want This is a point that I think many overpaid, and we are saying, okay, how to mention, the gentleman talked Americans are actually in tune with do we spend it. That is what I am very about the amount of national debt. The and understand. It takes a lot of hard concerned about, that there are mem- debt service is actually about $2,000 per work to shrink the size of this Federal bers of the administration who are tak- family. We pay I think it is the second Government. It takes a lot of hard ing this approach that, look, we have largest expenditure in the budget is in- work for the Congress to go do battle got this surplus, we are going out and terest on the national debt, which runs with those bureaucrats across the obligate ourselves a new government to about $2,000 a family, which would street and throughout the country to and spending on new programs. be half a year’s college tuition. It reduce the burden on taxation, to What we are saying is, give part of it would be a down payment on a new car, squeeze more efficiency out of the Fed- back, put the rest of it, 90 percent, and or it could be a nice vacation. So the eral Government. Every time we want protect it for Social Security purposes interest on the national debt is already to make some agency or some program because we have never protected something we are facing. do more with fewer dollars, there are a money for Social Security. Since the gentleman is from Colo- certain number of comfortable bureau- Mr. BOB SCHAFFER of Colorado. rado, and I have a mama and a sister crats who are inconvenienced by that Mr. Speaker, let me pick up where the and brother-in-law and nephew out in line of thinking, yet that is the way gentleman left off with the analogy of that great State. I also have to brag most Americans work every day. finding a wallet. When we get elected about one of my best friends two of my The farmers and ranchers who live in to Congress and we walk into the door, best friends, Ross and Paloma Fox, the gentleman’s district and mine, they give us one of these. We get a lit- whose son Richard just got a full 4-year they know what it is like to squeeze an tle wallet of sorts. college to the University of Colorado. extra mile out of the tractor. Inside, this is a plastic card. This is He is 6′10″. He is going to be a Buffalo our voting card. Many people do not out there. I know that is not in your b 1945 know how this works. There is a little distict. But he is a great guy. They know what it is like to, to put computer chip inside of this one that I just want the gentleman to know, in a few more bushels in an acre by says this is BOB SCHAFFER’S voting since he represents Colorado State, and whatever way they can. Sometimes card from the 4th District of Colorado. I want him to know I have known that’s investing in technology or re- When we walk on the House floor, we Richard Fox, this 17-year-old boy, all search or better seed stock or perhaps put the card in the little boxes behind my life. I know his brother David. They better fertilizer, what have you. But the chairs here, and we vote. When it are both great kids. I know their fami- the American people understand con- comes to spending money, many of our lies. tinuous improvement. They understand Democrat colleagues and people over in But I just want the gentleman to continual efficiency measures. It does the White House look at this voting know that, when Richard Fox and the take hard work. card as some kind of a credit card, a re- Colorado Buffalos go up to Colorado The Democrats, on the other hand, markable credit card wherein we never State in Fort Collins, I am going to be they look at balancing the budget, tax have to pay back. We spend other peo- cheering for him. I want the gentleman cuts, more efficiency as doing nothing. ple’s money, and we can spend and from Colorado (Mr. SCHAFFER) to know See, they measure success when they spend and spend, and we personally that I hope they win, and that Colorado were in charge by how much money never get the bill. Instead, the bill gets State can go win the national cham- they can spend, how much of somebody sent to our children. pionship because they are not going to else’s money they can spend on the Where we stand right now, $5.5 tril- be able to beat Richard Fox and team. charities of their choice. Our measure lion in debt from using this card too I just have to have this personal brag, is very different and I think more in many times, without responsibility or because he is a good Georgia boy. tune with the American people. accountability. To the point now, when Mr. BOB SCHAFFER of Colorado. Mr. KINGSTON. Mr. Speaker, if the we divide that $5.5 trillion by every Mr. Speaker, I sure appreciate that, gentleman will yield, the interesting man, woman, and child in America, it and I am grateful that we are able to part, the gentleman is talking about comes out to a little over $20,000 per maintain our good friendship in spite the farmer, is he is putting his savings person. That is what has been the re- of the disappointment the gentleman is back into production. sult of using this card with reckless about to suffer when that contest takes That middle class taxpayer out there abandon when our Democrat opponents place. often, when they have little money left were in charge of this Congress. Mr. KINGSTON. Mr. Speaker, I over at the end of the month, and they The President downstairs is negotiat- guess, in our time to close, let us just are planning on taking a nice vacation ing with the Congress right now, trying say, this Congress has worked and has in the summer time or adding onto to see how long he can keep us here at balanced the budget. This Congress has their house or buying a new car, inevi- election time, trying to see how many worked to protect Social Security. We tably the dryer breaks or the refrig- promises he can make for spending have worked to protect Medicare, not erator breaks down, or the trans- more money on programs that sound just for the next election, but for the mission falls apart. good at first, he is trying to persuade next generation. We have reformed The money always seems to go back Members of Congress to pick up this welfare. Thirty-seven percent of the into the trappings of working and try- card and spend again with reckless people that were on it in 1994 have now ing to be productive, sometimes the rat abandon and do it in a way that will gotten off of it. H10910 CONGRESSIONAL RECORD — HOUSE October 14, 1998 Mr. BOB SCHAFFER of Colorado. charging State and local government bill. We introduced it again with our Mr. Chairman, that, by the way, is agencies for certain uses of the sand, good friend the gentleman from New about 21⁄2 million American families gravel, and shell resources of the outer York (Mr. RANGEL) that would do which are no longer in welfare in the Continental Shelf; something about this problem. I do not last 3 years. S. 1132, Bandelier National Monu- think we should be talking about lib- Mr. KINGSTON. Which are very sig- ment Administrative Improvement and erals, conservatives, right wing, left nificant. That is not just measured in Watershed Protection Act; wing. tax dollar savings, that is measured in And H. Res. 598, Steel Import Resolu- I am a mother. In fact, I am a grand- people who are happy, who are inde- tion. mother. I bet Jillie is watching this pendent, greater self-esteem, greater f program. Because we want to be sure satisfaction, because they went out and that our youngsters, like my grand- CLARIFICATION OF ISSUES found a job, and working they are children, are going to go to schools working their way up the ladder. The SPEAKER pro tempore. Under that are going to give them the best Finally, this Congress has cut taxes the Speaker’s announced policy of Jan- education they could get. for the first time in 16 years, which we uary 7, 1997, the gentlewoman from I am shocked to think that my col- believe the American people are over- New York (Mrs. LOWEY) is recognized leagues on the other side of the aisle burdened, and they need to hold as for 60 minutes. would say only bureaucracies want to much as their own money that they Ms. LOWEY. Mr. Speaker, I am de- do this. Let me make it very clear earn as possible. lighted to be here this evening to clar- what the school modernization pro- Mr. BOB SCHAFFER of Colorado. ify some of the issues that we have posal that our President is talking Mr. Speaker, I thank the gentleman for been working on. I was just in my of- about and has been so forceful about, helping with the special order tonight fice when my good friend the gen- what our leader, the gentleman from to shine light on what has, I think, his- tleman from Georgia (Mr. KINGSTON) Missouri (Mr. GEPHARDT), is talking torians will record as one of the most and the gentleman from Colorado (Mr. about, what TOM DASCHLE in the Sen- productive Congresses in recent mem- BOB SCHAFFER) were speaking. ate is talking about, this is a proposal ory. I was working with my staff on some that allows local communities to make We have managed to balance the of the key educational issues, and I the decision. The Federal Govern- budget ahead of schedule. We have heard some of the comments. I ment’s role is to pay the interest on managed to turn the authority out of thought, well, I better get down to that those bonds. But it is the local commu- Washington and back toward the floor and clarify some of these issues. nity that has to float the bonds. States and cut taxes for the first time Yesterday, I was in Maryland with Do my colleagues know what? My in 16 years. the President of the United States, good friends on the other side of the f with leaders in the House and leaders aisle are talking about cutting taxes. in the Senate, and we had an oppor- What this proposal will do is help lower ANNOUNCEMENT OF LEGISLATION tunity to visit a school which has won- property taxes, because unless the Fed- TO BE CONSIDERED UNDER SUS- derful children, a great principal. We eral Government is a partner with PENSION OF THE RULES ON met the superintendent. We were there local school districts, the local school THURSDAY, OCTOBER 15, 1998 with the Governor of Maryland. districts will have to assume this bur- Mr. BOB SCHAFFER of Colorado. We talked to some of the teachers. den. Mr. Speaker, pursuant to House Reso- We talked to the students. They are Just a couple of weeks ago, I toured lution 589, I hereby give notice that the working so hard to give those children a school in my district in Westchester following suspensions will be consid- the very best education they could. County. This district has about $8 mil- ered tomorrow, Thursday, October 15, Yet, I was shocked to see three or four lion in repairs. They cannot go out 1998: trailers outside in which the children with a bond issue of $8 million because H. Res. 597, expressing the sense of were learning. this middle class community has so the House with respect to the Brutal This is the United States of America. many responsibilities that it will be killing of Mr. Matthew Shepard; This is not a Third World Nation. In a voted down. So they go out with bond H.R. 4829, authorizing the Secretary middle class community in Maryland, issues of $35,000 and $45,000. of the Interior to transfer administra- the children were forced to have classes My colleagues and I know when we tive jurisdiction over land within the in trailers because the community was have repairs in the House, whether we boundaries of the Franklin D. Roo- not able to get school construction are fixing a bathroom or some leaky sevelt Historic Site to the Archivist of bond issues through their local commu- pipes, if we go out piecemeal, we do not the United States; nities. get as good a price as if we put it all H.R. 1467, a bill to provide for the I have worked on the issue of school together. continuance of oil and gas operations modernization a long time and let me So by the Federal Government pay- pursuant to certain existing leases in tell my colleagues why. A couple of ing the interest, giving a tax credit to the Wayne National Forest; years ago, I did a survey of the schools these bonds, and the local government H.R. 700, to remove the restriction on in the metropolitan New York region, going out and floating these bonds, the the distribution of certain revenues and I was shocked. Federal Government is not making the from the Mineral Springs parcel to cer- I grew up in Bronx, New York. I decision. So all this talk about bu- tain members of the Agua Caliente and raised my children in Queens. Now I reaucracies is kind of a joke. It is the of Cahuilla Indians; live in Westchester County. So I am local communities that make a dif- S. 2500, to protect the sanctity of very interested in what is happening in ference. contracts and leases entered in to by the entire metropolitan region. My friends and all of the good people, surface patent holders with respect to In this survey, it showed that one out the hardworking people who are watch- coalbed methane gas; of four, one out of four schools have ing us tonight have to understand that S. 2272, Grant-Kohrs Ranch National children learning in classrooms that there is a real difference in views about Historic Site Boundary Adjustment were meant to be locker rooms, meant school modernization. My colleagues, Act; to be bathrooms. This in the United my friends on the other side of the S. 2133, to preserve the cultural re- States of America. aisle and I would love this to be a bi- sources of the Route 66 corridor and to Two-thirds of these schools have boil- partisan issue, because, again, this is authorize the Secretary of the Interior ers, have roofs, have other areas that the United States of America. But my to provide assistance; have to be fixed. Around the country, colleagues on the other side of the aisle House concurrent resolution, correc- there is $112 billion worth of improve- do not feel that the Federal Govern- tion in enrollment to H.R. 3910; ments that have to be made in these ment should be a partner in moderniz- H.R. 3972, to amend the Outer Con- schools. ing our schools. The Democrats on this tinental Shelf Lands Act to prohibit A couple years ago, CAROL MOSELEY- side of the aisle feel strongly, passion- the Secretary of the Interior from BRAUN in the Senate and I introduced a ately that the Federal Government has October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10911 responsibility to help local govern- going to say, ‘‘You bureaucrats in ences, I often hear about what is wrong ments in modernizing the schools. Washington, don’t help us modernize with the HMO for an hour and then b 2000 our schools.’’ This does not make maybe they examine me for 2 minutes. sense. But on one of these occasions, the doc- How can we in this Congress, Demo- They are also saying, stop all this la- tor said to me, Mrs. LOWEY, I had to crat or Republican? Because many of beling. I am tired of people being re- make the most difficult decision. I felt us, most of us voted for it, vote to ferred to as liberal and conservative, a patient needed to have surgery imme- make the Federal Government be a Republican and Democrat. All of us diately to save her eye. That patient partner in rebuilding our roads, our should join hands across the aisle and had to be put in a taxi, sent back to highways, our bridges and yet not be a help our parents, our hardworking fam- Stamford, Connecticut, this was in partner in rebuilding our schools and ilies give their youngsters the very New York City, because the HMO modernizing our schools? That does not best education they can. That is what would not allow this doctor to treat make any sense. this proposal is all about. My col- her and she had to be sent back for an- How can we on both sides of the aisle, leagues are saying that there are a lot other physician who was not as expert Democrat and Republican, vote, and I of arguments from, they said Demo- as this physician. So in our HMO bill, vote that way, to make the Federal cratic opponents. I do not think we are we talk about enforcement, making Government a partner in building pris- opponents in this effort. We should be sure that not just the doctor can be ons and yet say to local taxpayers, you working together. But yes, the Demo- sued when something goes wrong but have to bear the burden of modernizing crats are fighting for school moderniza- the HMO has to bear responsibility. our schools. The Federal Government tion because we feel it is in the interest So why has this Congress led by the is not going to be a partner. It does not of our youngsters. Republican majority not passed HMO make any sense. I want to make another point in re- reform, passed campaign finance re- I want to clarify that. Local govern- sponse to my colleagues. This Presi- form and passed our school moderniza- ments will have the control over the dent, because of bold actions in 1993 tion program? I am going to close now decisions of how they are going to float and actions following up, has balanced and turn it over to my good colleague these bonds, which responsibilities this budget. Now my colleagues are from Wisconsin, because I think it is they want to assume, but we would tell saying that we should be giving away important that you hear what is hap- them, you will lower your local tax some of this money. Do you know what pening all over the country. School burden because the Federal Govern- the money in the surplus really is? The modernization is critical. It is critical ment is reaching out the hand to be a money in the surplus belongs to the that in this negotiation that is going partner. Social Security trust fund. These are on, and it is not last-minute. I intro- So let us clarify. The Republicans do FICA taxes that are in that trust fund. duced my bill 21⁄2 years ago. This is not not want to be a partner in moderniz- We should not be using that money last-minute. It is critical that we stand ing our schools. The Democrats are other than frankly preserving Social up and fight hard for the children of saying, we want to help you lower your Security and Medicare. This is what America. School modernization has property taxes and be a partner in our constituents want. nothing to do with bureaucrats. It has modernizing our schools. That is the I want to make a couple of other to do with the Federal Government difference. points. My colleagues on the other side reaching out to our local governments I have visited schools, not only in of the aisle, my good friends on the and to say to those local governments, Westchester County but in Queens other side of the aisle talked about the ‘‘We’re going to be partners with you. County, in New York City where the issues, and they talked about what You can lower your property taxes be- plaster is falling down because of leaks they have accomplished. I want to re- cause we understand that you can’t do on the roof and they have sheets of mind our listeners that they bottled up this alone.’’ This problem around the plastic holding up the ceiling, not in a campaign finance reform. They did not Nation is $112 billion. third world nation, in the United do anything about preserving Social I want to close, as I mentioned be- States of America. Locker rooms that Security and Medicare. What happened fore, by saying if this Congress can are damp are now places for class- to the patient bill of rights? What hap- have a role in rebuilding highways and rooms. Bathrooms are classrooms. This pened to reforming HMOs? What hap- roads and bridges, and I think we in the United States of America? How pened to the environmental progress should, if this Congress should have a can we say that school modernization that we are trying to make that they critical role in building prisons, then is not our responsibility if we are say- are trying to roll back? So it is not we have a responsibility to make edu- ing that we have to prepare our young- just that they are saying no school cation the number-one issue. We have sters for the future, that education is modernization. They have not taken to make sure our youngsters are going the key to the future? How can we say action to preserve Social Security and to schools that have the latest tech- there should be a computer in every Medicare. They have not taken action nology. We have to make sure that our classroom, that there should be com- on the patient bill of rights. teachers are given all the support they puters for every youngster when many Now, for my constituents that are need. It is too easy to criticize our of the schools do not have the wiring, listening this evening, there is an HMO teachers when you and I know that all they do not have the infrastructure to in my district that has suddenly said the problems of our community con- support these computers? I visited one to the seniors, ‘‘We’re not going to verge on the teachers in our school sys- school and it would be hard for my col- cover you anymore.’’ That same HMO tem. So we want to be sure those leagues to believe this, where they called me on the telephone and said, schools are modern, we want to be sure were wiring the schools outside of the ‘‘We’re not going to cover you on the those schools are equipped with com- window because the school could not Federal Employee Health Benefit Plan. puters, we want to be sure those young- have the infrastructure that would sup- You are just going to have to find an- sters are safe in those schools, we want port the computers. Does this make other provider.’’ Why was this bottled to be sure there are not roofs that are sense? No, I think the majority of fam- up in the Senate? Why have we not leaking, we want to be sure that the ilies, the hardworking families who are taken action? We need campaign fi- boilers are up to date and that when we listening to us tonight, who send their nance reform. We need HMO reform. drive by we do not see a coal truck as kids to local schools where there are We need the enforcement. I did delivering coal to the local trailers because there are too many I have an interesting story which school. We have this responsibility. kids for those classrooms that are ex- may relate to some of the personal sto- I am very proud to be a Member of isting, who send their kids to local ries of families here. I was in the office the Congress of the United States of schools where the boilers are old, of my ophthalmologist. The ophthal- America. As I look at the Capitol dome where they need to refurbish, where mologist had a difficult decision to as I come in, it is often hard for me to they want their children to have com- make. As so often when I go to the doc- believe that I was elected to be a Mem- puters would say, ‘‘Help us, be a part- tor, and my friend from Wisconsin is ber of the Congress of the United ner, reach out to us,’’ they are not here and he may have the same experi- States of America. And frankly it pains H10912 CONGRESSIONAL RECORD — HOUSE October 14, 1998 me deeply to see constant attacks, con- ter who is in 4-year-old kindergarten. I the parents and the children of this stant partisan attacks. We have to called her afterward, said how did it go, country. work together on the priorities that she said it went fine. Of course the Now we may have been successful, our families and our communities sent teacher again, whom we think is a and I am pleased that we were success- us here to accomplish. It is unfortu- wonderful teacher, she taught our son ful in convincing the Republicans to nate that my colleagues on the other last year, does not know her very well help us add 100,000 teachers, but there side of the aisle want one investigation but you cannot really expect her to be- is a second issue, and, as you have after another. We would like to bring cause she has got 25 kids in the morn- pointed out, that is the issue of school these investigations to closure, take ing and she has got 25 kids in the after- construction. appropriate action and focus on the noon. So she has got 50 kids. It is just We have seen in the last decade and issues that we were sent here to do. difficult to get to know the kids. It is a half city after city build beautiful Education, my colleagues, is number hard. It is hard for the teacher who is new stadiums. Many times those stadi- one. I started working on this not only doing a tremendous job to get to know ums were built with the help of some as a mother, as a PTA president, I con- these children. I think there is not a sort of financing mechanism that was tinue to care passionately about these person in this Chamber who would dis- available through the Federal Govern- issues, and I am optimistic that as agree with the statement that the ment. That has dried up somewhat, but these negotiations are brought to clo- smaller the class size, the more per- there are still very creative methods sure, we will not only increase the sonal attention an individual is going available for municipalities to build number of teachers by 100,000 as our to get. This is the time when we are stadiums. I think that this is great, that we President has suggested, but we will nurturing our children. have these stadiums, but I find a lot of pass the appropriate legislation that It is interesting to note that right irony in the argument that people have will provide the partnership for school now, we are basically in the second to have a modern facility to go sit in modernization that is so necessary for baby boom. There are more kids now in and watch entertainment, but we do the future of this country. And then we that younger stage than there have not think it is important for our kids can go home and make it clear to our been since I was a baby boomer. So this to be able to sit in an environment con- constituents that we are here fighting is not an issue that is sort of a bou- ducive to learning. for you and your concerns and be proud tique issue for some people, this is a And as you have, Mrs. LOWEY, and to be representatives in this great huge issue for our country. There are you have, Mr. ETHERIDGE, I visit a lot body, in this greatest country in the so many children in our country that of schools in my district, and just last world. I thank my colleagues. we have to be mindful. It is more im- month I visited a school, and it was a I am delighted that I am joined here portant in many ways that we pay at- hot day, and it was an old school, and by my good friend the gentleman from tention to this baby boom generation the ventilation was so bad when I vis- Wisconsin (Mr. BARRETT), and I know than to my baby boom generation, be- ited one of the classrooms the teachers that he has worked hard on these cause we are in a different economic aide was going around to each student issues, and my colleague would like to world. Many of the jobs that were in with one of these spray bottles with share some thoughts. my community, the jobs at American water in it, and was not embarrassed Mr. BARRETT of Wisconsin. Mr. Motors or Pabst Brewery, Allis by doing it. The kids with obviously Speaker, I thank the gentlewoman Chalmers, those jobs are gone and they very hot, they were sitting there from New York (Mrs. LOWEY). I also are gone forever. sweating, and said, ‘‘Okay, I want you want to welcome a good colleague the b to hold up one finger or two fingers or gentleman from North Carolina (Mr. 2015 three fingers. If you hold up one finger, ETHERIDGE) who has been an incredible And if you are going to have a person who is going to be able to support a I’ll spray you once in the face. If you force on the issue of education as well. hold up two fingers, I’ll spray you As far as I am concerned, and I come, family, they are going to have to have twice in the face. If you hold up three I think, to this issue from the same an education to do it because many of fingers, I will spray you twice in the perspective as my good friend from those jobs have gone overseas, and they face and once in the back of the head.’’ New York, as a parent. I have two chil- are never coming back, and so we have And all the kids started raising their dren who are in kindergarten right to be mindful. hands, and he would go around and now, and so this is not a political issue, So I am pleased, although obviously spray them, and it was just so hot in this is a real-world issue for me. As far it was a grudging acceptance from our this classroom with poor ventilation colleagues on the other side of the as I am concerned, there is not an issue that they were delighted to get this, aisle, that we have been able to move more important to the future of this and they would then get a little towel, forward on the plan to put 100,000 country than education. We can talk a paper towel, and they could dry teachers into classrooms, and the im- about hundreds of other issues, we can themselves off. But this is the atmos- portant phrase there is in classrooms talk about political fights back and phere that they are sitting in, and we forth between the parties, but edu- because the debate we have had was are supposed to compete with all the cation is our future. As we look to the whether the money should go in a fash- other countries in the world if we are future, we have to make the invest- ion that would allow the Federal Gov- asking our children to sit in this type ment. The Republicans talk about this ernment to skim off 1 percent for bu- of classroom. as if it is some sort of pork-barrel reaucrats in Washington DC, whether It just simply boggles my mind that spending. I do not view this as pork- the States should be able to then skim our friends on the other side of the barrel spending. I view this as invest- off 15 percent more for bureaucrats at aisle accept the notion that we should ing in our future. That is why I am the State level, and at the local level be partners in building highways, pleased that the President has been so who knows how much would be which we should be, that we should be forceful and I am pleased that he has skimmed off? We were insistent that partners in building prisons, which we continued the fight that he began in that money go in the classrooms be- should be, but somehow there is some- January to add 100,000 teachers in our cause we want smaller classes. We thing wrong in investing in our chil- classrooms in this country. And I am think that that is extremely impor- dren by giving them the physical tools pleased that we are continuing to fight tant. to have an environment conducive to for school construction. And I think we would not have got- learning. I want to tell my colleagues a story ten it if the President had not shown So I am very, very frustrated that about my children, and it is important. leadership on this issue in January and the majority does not think that this I think it is instructive. Both of my those of us in Congress had not kept is an important issue because it is an kids are in Milwaukee public schools. talking about the issue when the ma- important issue, and again I applaud We love the school. We love the teach- jority party wanted to simply ignore you for the work that you have done. ers. It is wonderful. But just two nights it. It simply was not on the radar You have been tremendous. ago my wife had her first parent-teach- screen until we continued to work for We are being joined by our friend the er conference for our 4-year-old daugh- this issue because it is important for gentlewoman from California (Ms. October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10913

SANCHEZ) from California who also has parents and aunts and uncles could go years ago. They come from back- been really outspoken on this issue. to the ballot box and vote for the next grounds and homes where they have Mrs. LOWEY. Mr. Speaker, I yield to generation of young people who were great needs. They do not get that love Mr. ETHERIDGE from North Carolina going to run this country, who were and nurturing they should have, not who brings an education background, going to sit in these halls of Congress because parents do not want to, that is one that I think all of us appreciate, to and the legislatures and teach our chil- not the issue. They really want their these chambers, and although in his dren and be our doctors and nurses and child to have the best. Many do not first term you would think he had been all the professions. It got over 60 per- know how and cannot, and for some here 20 years because he has done so cent of the vote, the largest bond issue others, they are working two jobs just much in pushing this issue, I think he in the history of our State by the larg- to keep their lives a float, and they do is teaching a lot of us from his perspec- est margin ever of any statewide bond not have the time, they come home tive on how we can improve the edu- issue passing. worn out. And that small a class size cation system in this country. So I That tells me that the people in my allows that teacher to teach that child would like to yield to Mr. ETHERIDGE. State, and I think that is reflective of to read and do math before they get to Mr. ETHERIDGE. I thank my col- America, will say to this Congress, you the third grade, and if a child learns to league. I was listening to what the gen- are not keeping up with the times read by the third grade, and these sta- tleman from Wisconsin said about his when you refuse to say we are going to tistics are true all across America and child and being in school, and all of us pay, we are going to allow you to sell around the world, if a child reads by can relate, having children. And I vis- bonds, and we are going to pay the in- the third grade, they are going to make ited in 8 years, the State Superintend- terest on it so you can repair those run it, they will not be a dropout. And we ent, an awful lot of classrooms, some down buildings, so you can build a new cannot afford dropouts. Dropouts cost very good ones and some that sadden building for growing population of all of us. me greatly to see them. I have been in young people who will be coming in so Eighty percent of the people— well, classrooms that water was in the base- that the prisons are not better than the it is 85 percent now, 85 percent of the ment, that we needed to move children place we send our children. people who are incarcerated in Amer- out of the basement and out of harm’s As I said the other night, children ican prisons today by and large are way, and in buildings that were fire are not stupid either. You know, we dropouts. The drug culture goes with codes that we had to move them out of. tell them how important education is, dropouts. Cannot afford it, absolutely And I was listening earlier to our we want you to get a good education, cannot afford it, and I am very proud of friends on the other side of the aisle, we want you to do better. And at a the job that my colleagues on the and they were berating bureaucrats, et young age is, as you talked about your Democratic side are working so hard to cetera, and I could not help but think four year old a few minutes ago, every help bring this issue of education to that it was a partisan issue. parent feels that way whether they are the forefront so that we can be a part- And 2 years ago in my State we had a United States Congressman or Con- ner with the States, with the local ju- raised a lot of awareness on the need gresswoman or whether they work in a risdictions and with parents and busi- for school facilities, and we are not un- sweat shop in Anywhere U.S.A. They ness community, as we have done in like any other State. North Carolina want their child to have the very best. our State and you have done in your still has tremendous needs. We have They want them to have a opportunity state. grown very rapidly, and you were talk- to burgeon out in them, whatever they And I am proud to join with you this ing about the growth of students in the have, they can be the best they can be. hour to talk about two issues that are public schools, and we are now in the That is what they want. so important, and there are a lot of midst of what is being called the baby If that is true, and I happen to be- others. We cannot solve them all, but boom echo, the largest number of chil- lieve it is, then we ought not to say we these are two we can do something dren showing up in the public schools cannot do it because we can if we have about before we go home, and we over the next 10 years, and that is true the will. should. today we have ever had, and North There was a time when we did not Mrs. LOWEY. Mr. Speaker, I yield to Carolina will be the fifth fastest grow- provide water and sewer to our cities the gentlewoman from California who ing State, the fifth; New York being and our rural areas, and we are still had worked so hard and been such a the fourth; California being the first; doing it, as we should. You mentioned champion for children in this session of Texas being second and Florida, num- it earlier. The reason we did not do it, the Congress as a freshman. ber 3, over the next 10 years of students there was not a great need. This coun- Ms. SANCHEZ. I thank my colleague. because of this phenomenon of growth. try was very rural. You know, you were talking earlier But the point being that we argued I grew up in rural North Carolina. I about the fact that right here in this with our general assembly, and I hap- remember before we had running room we represent some of the States pen to believe the public is well ahead water. We had a well and an outhouse. that have the largest increase in stu- of us in Congress and many of our Well, today that is not acceptable. It is dent enrollment, and it is amazing State legislatures; the reason being, only acceptable to have running water when you see those figures because they know what their children need. and the other things. And we invested. your State is one of those, mine is, They know that they need good safe The Federal Government did not be- yours is also NITA. But the fact of the environments, they need a good edu- come the major partner. We became a matter is that the people that I rep- cation, and we finally convinced the little partner and provided leadership, resent, the children that I represent in general assembly with the help of edu- and what we are talking about, the California and Anaheim, my own home- cators and parents, PTAs and others, Democratic alternative here that we town, Santa Ana and Garden Grove, put a $1.8 billion bond issue on the bal- cannot get on the floor, and right now when we look at the rate of enrollment lot in North Carolina. We put it on at does not look like we are going to get in these school districts, it is twice the same time that the general elec- it in a package, and we ought to have, that of the five fastest growing States tion was, and many of the politicians and the President is fighting for it with in enrollment across the United States. said, Oh, we don’t want that on the bal- us. In fact, I get to go back to my elemen- lot when we’re on it.’’ I introduced a bill and join Rep- tary school, an elementary school that Well, I happen to have disagreed with resentative LOWEY on her bill because I probably was about 550 students when I them. I thought it was the proper time think it is important in all across this attended, maybe built for about 600, to have it. And guess who got the most country to have facilities. I also signed maybe 700 at the most. These schools votes in the general election? It was a bill for reducing class sizes. I know have 1100—a thousand children at not any candidate running for state- from personal experience what that them, and when you have a school dis- wide office, from the Governor all the will do. We have done that in North trict that grows at a thousand chil- way down to our judges and all the Carolina. dren, additional students a year, that counsel of State. It was that vote on Children are coming to school today is really a new school you need to be the ballot that parents and grand- different than the children were 20–25 building. H10914 CONGRESSIONAL RECORD — HOUSE October 14, 1998 Now you know I have heard my col- turn. So this is a tax cut. It is saying Carolina, and he said, ‘‘You know, we leagues on the other side say this is a do not send your money; keep it in have passed two bond issues. We have very local issue. Well, normally I Anaheim and build the schools that the state bond money on a match,’’ would say, yes, school construction you need for our children. That is what like California. He said, ‘‘I do not know should be as local as it gets. After all, our initiative is about. how we are going to make all these it goes in your neighborhood, you care So when people say we do not want things fit with the tremendous growth what it looks like, it affects the value locals to take responsibility, they must we have without some help.’’ The Wade of your home, and more importantly it take the responsibility that, yes, they County superintendent, where our affects the value of the future of your are going to build the school. We just state capital is, I was on a conference child. So it is a local issue. need to help them. call with him two days ago with the But you know in the State of Califor- There is another reason why I believe Secretary. They are gaining 3,500 stu- nia we decided awhile ago that building we should be involved. As you both dents a year in new students. He said, would be done at the State level, and know, I was in the financial markets. I ‘‘We are spending $3 million a month we funded at the State level. In the helped schools districts to build on construction and renovation and last few years we have not funded it at schools. What I did was finance them can’t come close to keeping up.’’ all, which has created an incredible for them. So I know all the innovative These are the kinds of things where backlog not only of schools that need financing techniques and how schools we need that partnership that you were modernization, but new schools for the raise the money and how you can build talking about. No one entity is going children and the enrollment that we it. And let me tell you, when the Fed- to be able to take care of these tremen- have, and that is why we need to step eral Government is a part of the equa- dous burdens of cost, and if we will in and say this is a national crisis, this tion that builds schools, the money, take care of the need for facilities, the is about our national security because the cost, the interest cost, goes signifi- technology will be there, it will be our children are the future when we de- cantly down. readily available. ploy them as troops, when we have So we are giving them our stamp of But, more importantly, the other problems of software engineers, when approval to go ahead and build. They issues that we struggle with here, the we need these high tech jobs that we must raise local monies to do so and issue of crime, the issue of drugs, the are counting for the future. They are state monies to do so, and then they issues of violence and safety in our about our children being educated. get a lower interest rate anyway, so schools, they will tend to go away, be- the amount of money they need to cause when you have a good clean b 2030 spend on schools is even lower. It is a learning environment, academics go up It is about the security of the United win-win-win for everyone. and discipline problems go down. Sta- States for the future, so we need to be I know that the Democrats have tistically that is true. There is no ques- involved. fought for this, because I sit on the tion about it. It certainly happened in I will tell you another reason we need Committee on Education and Work- my state, and I think we are no dif- to be involved. You were talking about force. I have seen and I know because I ferent than any state in this country. a $1.8 billion school construction bond put forward a bill that would do that. Because when children have a nice in your state. On November 3rd, we This is patterned after something we place to come to, a nice building, in have a $9.2 billion bond issue that we already have, the quality zone bonds some of our communities, and it makes are going to ask the voters in Califor- that we passed last year, and it is no difference whether it is an upscale nia to approve for school construction, working in California. community or otherwise, when you the first one in a long time. The largest I had a school district from Fresno, have a nice school building, that one bond we have ever had. California, come in and tell me we school building becomes the commu- Why? Because we are so far behind. needed to build an elementary school, nity center for that community. And And yet that is not going to take care that it was going to cost us $12 million. then pride comes. If you build a nice of the rest of the problems that we We saved our money, we had a little bit new school, academics improve and you have, the rest of the money that is over $3 million saved in our pot, and by start seeing reinvestment in that com- needed for school construction and ren- using the program that we put into munity all over again. ovation. play in August, their cost, because of So it is a good piece for investment In fact, if we pass that $9.2 billion at the lower interest costs, because of the in America. If you build a school, you the state level, the only way for a government security, will be about $4 put a lot of people to work, but, more school district like Anaheim City million for the same school. It was important, you put a lot of people to school district to get part of that amazing when they showed me the pro- work around that school building. money to help them build their schools gram they have to build this school. Mrs. LOWEY. I want to thank my is to match it 50–50, which means you We need to help. Even if we pass colleague, Mr. ETHERIDGE from North have to locally find part of the solu- bonds at the state level, a school dis- Carolina again, and, of course, Ms. tion. trict like Anaheim needs the Federal SANCHEZ from California. Mr. So when my colleagues on the other Government to make itself a partner ETHERIDGE has been cochair of the Edu- side say, ‘‘This is a local issue,’’ you with the local area. cation Task Force, and you have are right, it is a local issue. And the I think my colleague wanted to ad- brought your huge experience, your initiative that the President has, I dress an issue there. wide range of experience as a super- know it very well, and you described it Mr. ETHERIDGE. I think the point intendent of schools in North Carolina. very well earlier, is about the Federal you made earlier is so true. I could not So you have really seen the change Government helping local people make help but think as you were talking over, I believe it is, eight years. the right decision; helping local people about schools and how things have Certainly Ms. SANCHEZ, who has been decide, yes, I am going to invest in my changed, I think unless you have been very involved in the community, has local school district, I am going to there a lot, you forget. I think of the seen the change. I could not help but build that school we need. When they community I grew up in that I happen think as a young woman who grew up do that, they will have in partnership, to represent in Congress now. The in the Bronx, New York, in the shadow for example in Anaheim, the State of school I was in was a very small union of Yankee Stadium, how times have California with a little bit and the in- school that you stayed in. I went there changed. In those years the biggest terest from the United States Govern- for 12 years. That same community problem in the school was someone was ment. today has built schools, and they are chewing bubble gum or one child This is not about taking your money running behind. I went there last year pushed another child. Life is different in taxes and bringing it to Washington and they had 30 trailers outside of a today, and all the problems of the com- and then maybe sending it back to the new school, it is growing so rapidly. munity converge in our schools. school district. It is a tax cut. It is say- I talked with one of the financial My colleague, the gentleman from ing you get a one for one dollar write- people, a banker in that community Maryland (Mr. HOYER) and I were work- off when you file your income tax re- today, Johnston County down in North ing on a proposal for comprehensive October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10915 schools, because we believe, as you for your computer, you need one to ac- are preparing our young people so that said, and I could not help but think of cess out to the Internet, you need one they can compete in this global econ- it as you were talking about it, that to receive calls, maybe one for your omy, so they get the best education the school should be the focus of the fax, maybe one to call out. You are that we can provide in the leader of the community. It could be a place where going to put at least three lines in your free world, so these youngsters can go not only the children gather, but our own home for yourself to start your out there with this education and earn seniors could gather, where you could business. their own way in the world. Now, can you imagine if I would tell have reading programs, where the sen- We talk about cutting back on a lot you that the elementary schools in the iors could assist the young people, and of the support programs in our coun- City of Anaheim have three phone lines we could really do creative things in try. We can do this if we make sure our into their entire school? A school the school. youngsters are educated, that they I mentioned before that I tour my where you have a principal, and prob- have the best education that we can schools all the time. My colleague, Ms. ably about three or four administra- provide them. MCCARTHY, who could not be here with tive-type people, and then you have, us tonight, represents another subur- what, maybe 60 to 80 teachers, what I I am going to close by just emphasiz- ban district. It is amazing for us to see would call middle managers. Then you ing a few points that we talked about how this issue cuts across all of our have the employees, maybe 20 or 30, this evening. With President Clinton’s communities. It is not just an inner- and really the client, the people who leadership, we did balance the budget. city issue, it is a middle class issue. In are in the classroom. You have 800, 900, This is the time that we can focus on fact, I want to emphasize again a point 1,000 people in a particular spot every the concerns of working families in I made before and my colleague Ms. day, and the schools there only were this country. SANCHEZ, who is an expert in this area built with three lines into the school. Families care about education. They of financing made before, that we are So that means if I am a parent and I worked very hard to raise their chil- actually, by focusing on the school am calling in to say my child is sick, I dren. They should not worry, when modernization program, the bill that might get a busy signal, because if the their children go to school, that the was introduced by CHARLIE RANGEL and PTA happened to buy a fax machine for school is not safe, that it is not provid- myself and several others this year, are that school and they have a fax and ing them with computer technology cutting taxes because of this partner- something is being faxed out, and the that is up-to-date. Parents should not ship which will be controlled by the principal is there and she is on the line have that concern. locals, not us in Washington, the local talking to another parent or the school I know there are some people in the communities will make the decision. district or to somebody, someone out- majority party who believe the answer But because we are sharing the burden side of the school, and I am calling in to education is providing a voucher, to through tax relief, they will have a as a parent trying to say my child is take a small percentage of youngsters lower tax rate, because they will not sick today, and maybe there is more out of the public schools and letting have to raise the local property taxes. than one sick child that day and the them go to another school, where we So I cannot understand why the ma- other mother is calling in at the same feel that we have to be sure not 2 per- jority party opposes this school mod- time, guess what? The line will be cent, not 3 percent of youngsters get ernization proposal. It makes sense. It busy. helps us help local governments in re- You would never do that in your own the best education, but that every vitalizing their schools, modernizing personal one-room business, so why do youngster gets what they are entitled schools, expanding schools, providing we allow our children to have inferior, to, the very best education that we can up-to-date technology in our schools, inferior, offices when they go to provide. putting computers in our schools, with school? It is unfortunate that we end up in the infrastructure, and that is a fancy We need to modernize. We need to one large omnibus bill, and that the word for anyone who is looking for it, bring it up. How can we have our chil- majority party could not get each ap- for the wires and the mortar and bricks dren on the Internet, on computers in propriation bill passed. I am a member that support the computers. You just the classroom, so they can have the of the Committee on Appropriations, cannot put computers in these schools. high-tech jobs of the future that we are and I would have liked to see every ap- So, to me, this should be an issue all counting on? That is what propriations bill passed in a timely that everyone supports. My little girl, globalization is about. We continue to way. But this is where we are. my grandchild that is watching this, say we are going to get rid of some of So I am hoping that as these negotia- wants to go to a school that provides those other jobs and in their place we tions are going on, that everyone on up-to-date technology. Your children are going to put higher paying high- both sides of the aisle remembers who and your family all want to make sure tech jobs for our children. How can sent us here, all the families of this that we are giving our youngsters the they be skilled to have that type of a country, and that we focus on not just best education they can get, and I job if they started out for six or seven education for a few, not just vouchers, know how important this is to you. years without even a phone line into which would take youngsters out of the Ms. SANCHEZ. Let me explain a lit- their classroom? school, but that we renew our commit- tle. I am a businesswoman. That is the This is what I believe America has ment to every child in every commu- background I come from. I am in the fi- not seen. Enough business people have nity; that we include a school mod- nance area. Look at all the downsizing not gone into the classroom to come ernization program, so that every that has gone on in our United States. out and shake their head and say, ‘‘You youngster can go to a school that is up- A lot of people have now begun their know, we need to do something about to-date, that is modern, that has com- own businesses. this.’’ Let us say tomorrow you decide to go puters, that is safe. Because it seems to b and start your own business. Probably 2045 me that that is the responsibility of the first place you are going to do it That is what our school construction this country, to provide the best edu- from is your own home. Many people program is about, modernizing, build- cation we can for our youngsters. are doing that. You go home, you de- ing new facilities, giving our kids the I thank my good friend, the gentle- cide you are going to set a room aside. same kind of office we would expect to woman from California (Ms. SANCHEZ), What would be the first thing you have a fighting chance to start our for joining us here this evening. Wheth- need? Well you need contact to the out- business. er it is California or New York, this side world. So how many phone lines Mrs. LOWEY. Mr. Speaker, I want to would mean millions of dollars to our would you put in that one room in your thank the gentlewoman for those wise local school districts, creating a part- home to start a new business? comments. I am particularly pleased nership that I know our families and Well, you would not put one. Most that the gentlewoman talked about the our communities and our country need, people would put at least two, three, global economy, because this is a glob- so that we can be strong and enter the maybe four. Let us see, you need one al economy. We have to be sure that we next century as a strong Nation. H10916 CONGRESSIONAL RECORD — HOUSE October 14, 1998 LEAVE OF ABSENCE S. Con. Res. 124. Concurrent resolution ex- struction of a hydroelectric project in the pressing the sense of Congress regarding the State of Arkansas. By unanimous consent, leave of ab- denial of benefits under the Generalized Sys- H.R. 4284. To authorize the Government of sence was granted to: tem of Preferences to developing countries India to establish a memorial to honor Ma- Mr. MCGOVERN (at the request of Mr. that violate the intellectual property rights hatma Gandhi in the District of Columbia. GEPHARDT) for today before 5 p.m., on of United States persons, particularly those H.R. 4658. To extend the date by which an account of official business. that have not implemented their obligations automated entry-exit control system must Mr. REYES (at the request of Mr. GEP- under the Agreement on Trade-Related As- be developed. HARDT) for today before 6 p.m., on ac- pects of Intellectual Property; to the Com- H.J. Res. 135. Making further continuing count of official business. mittee on Ways and Means. appropriations for the fiscal year 1999, and for other purposes. Mr. MCHUGH (at the request of Mr. f f ARMEY) for today, on account of offi- ENROLLED BILL AND JOINT cial business. RESOLUTION SIGNED ADJOURNMENT f Mr. THOMAS, from the Committee Ms. SANCHEZ. Mr. Speaker, I move SPECIAL ORDERS GRANTED on House Oversight, reported that that that the House do now adjourn. By unanimous consent, permission to committee had examined and found The motion was agreed to; accord- address the House, following the legis- truly enrolled a bill and a joint resolu- ingly (at 8 o’clock and 50 minutes lative program and any special orders tion of the House of the following ti- p.m.), the House adjourned until to- heretofore entered, was granted to: tles, which were thereupon signed by morrow, Thursday, October 15, 1998, at (The following Members (at the re- the Speaker: 10 a.m. quest of Mr. MCNULTY) to revise and H.R. 8. An act to amend the Clean Air Act f extend their remarks and include ex- to deny entry into the United States of cer- REPORTS OF COMMITTEES ON traneous material:) tain foreign motor vehicles that do not com- PUBLIC BILLS AND RESOLUTIONS Mrs. CAPPS, for 5 minutes, today. ply with State laws governing motor vehicle emissions, and for other purposes. Under clause 2 of rule XIII, reports of Mr. DEFAZIO, for 5 minutes, today. H.J. Res. 135. Joint resolution making fur- committees were delivered to the Clerk Ms. JACKSON-LEE of Texas, for 5 min- ther continuing appropriations for the fiscal utes, today. for printing and reference to the proper year 1999, and for other purposes. calendar, as follows: Ms. LEE, for 5 minutes, today. f Mr. BENTSEN, for 5 minutes, today. Mr. HYDE: Committee on the Judiciary. Mr. BLAGOJEVICH, for 5 minutes, SENATE ENROLLED BILLS SIGNED H.R. 218. A bill to amend title 18, United today. States Code, to exempt qualified current and The SPEAKER announced his signa- former law enforcement officers from State Ms. NORTON, for 5 minutes, today. ture to enrolled bills of the Senate of laws prohibiting the carrying of concealed Ms. DELAURO, for 5 minutes, today. the following titles: handguns; with an amendment (Rept. 105– Ms. KAPTUR, for 5 minutes, today. 819). Referred to the Committee of the Whole S. 53. An act to require the general applica- Mr. SANDERS, for 5 minutes, today. House on the State of the Union. tion of the antitrust laws to major league (The following Members (at the re- baseball, and for other purposes. f quest of Mr. FOLEY) to revise and ex- S. 505. An act to amend the provisions of PUBLIC BILLS AND RESOLUTIONS tend their remarks and include extra- title 17, United States Code, with respect to neous material:) the duration of copyright, and for other pur- Under clause 5 of rule X and clause 4 Mrs. ROUKEMA, for 5 minutes, today. poses. of rule XXII, public bills and resolu- Mr. MORAN of Kansas, for 5 minutes, S. 2206. An act to amend the Head Start tions were introduced and severally re- today. Act, the Low-Income Home Energy Assist- ferred, as follows: ance Act of 1981, and the Community Serv- Mr. GREENWOOD, for 5 minutes, today. By Mr. SOLOMON: ices Block Grant Act to reauthorize and Mr. FOSSELLA, for 5 minutes, today. H.R. 4829. A bill to authorize the Secretary make improvements to those Acts, to estab- ICA of the Interior to transfer administrative ju- Mr. M , for 5 minutes, today. lish demonstration projects that provide an risdiction over land within the boundaries of Mr. FOX of Pennsylvania, for 5 min- opportunity for persons with limited means the Home of Franklin D. Roosevelt National utes, today. to accumulate assets, and for other purposes. Historic Site to the Archivist of the United Mr. MILLER of Florida, for 5 minutes, S. 2235. An act to amend part Q of the Om- States for the construction of a visitor cen- today. nibus Crime Control and Safe Streets Act of ter, and for other purposes; to the Commit- 1968 to encourage the use of school resource Mr. RIGGS, for 5 minutes, today. tee on Resources. officers. Mr. SHAYS, for 5 minutes, today. By Mr. DUNCAN: Mr. SANFORD, for 5 minutes, today. f H.R. 4830. A bill to provide support for cer- (The following Members (at their own BILLS AND JOINT RESOLUTION tain institutes and schools; to the Commit- request) and to revise and extend their tee on Education and the Workforce. remarks:) PRESENTED TO THE PRESIDENT By Mr. SMITH of Michigan: Mr. RIGGS, for 5 minutes, today. Mr. THOMAS, from the Committee H.R. 4831. A bill to temporarily reenact Ms. WOOLSEY, for 5 minutes, today. on House Oversight, reported that that chapter 12 of title 11 of the United States Mr. ENGEL, for 5 minutes, today. committee did on this day present to Code; to the Committee on the Judiciary. (The following member (at her own the President, for his approval, bills By Mr. BENTSEN: H.R. 4832. A bill to amend the National request) and to revise and extend her and a joint resolution of the House of Flood Insurance Act of 1968 to reduce losses remarks:) the following title: from repetitive flooding; to the Committee Ms. CHRISTIAN-GREEN, for 5 minutes, H.R. 2411. To provide for a land exchange on Banking and Financial Services. today. involving the Cape Cod National Seashore By Mr. BOSWELL: f and to extend the authority for the Cape Cod H.R. 4833. A bill to provide grants to local National Seashore Advisory Commission. educational agencies to provide a sufficient SENATE BILLS AND CONCURRENT H.R. 2886. To provide for a demonstration number of teachers and facilities to accom- RESOLUTION REFERRED project in the Stanislaus Forest, California, modate students who are disruptive in the Bills and a concurrent resolution of under which a private contractor will per- classroom; to the Committee on Education form multiple resource management activi- and the Workforce. the Senate of the following titles were ties for that unit of the National Forest Sys- By Ms. FURSE: taken from the Speaker’s table and, tem. H.R. 4834. A bill to ensure salmon recovery under the rule, referred as follows: H.R. 3796. To authorize the Secretary of in the Pacific Northwest, and for other pur- S. 2039. An act to amend the National Agriculture to convey the administrative poses; to the Committee on Resources, and Trails System Act to designate El Camino site for the Rogue River National Forest and in addition to the Committee on Commerce, Real de Tierra Adentro as a National His- use the proceeds for the construction or im- for a period to be subsequently determined toric Trail; to the Committee on Resources. provement of offices and support buildings by the Speaker, in each case for consider- S. 2276. An act to amend the National for the Rogue River National Forest and the ation of such provisions as fall within the ju- Trails System Act to designate El Camino Bureau of Land Management. risdiction of the committee concerned. Real de los Tejas as a National Historic H.R. 4081. To extend the deadline under the By Mr. LAMPSON (for himself, Mr. RO- Trail; to the Committee on Resources. Federal Power Act applicable to the con- MERO-BARCELO´ , and Mr. FROST): October 14, 1998 CONGRESSIONAL RECORD — HOUSE H10917 H.R. 4835. A bill to amend the Employee H.R. 4840. A bill to make certain technical the privileges of the House; to the Commit- Retirement Income Security Act of 1974, the amendments to the Act commonly known as tee on Standards of Official Conduct. Public Health Service Act, and the Internal the Clinger-Cohen Act of 1996, and to provide By Mr. ROYCE: Revenue Code of 1986 to extend COBRA con- that certain cost accounting standards shall H. Res. 600. A resolution amending the tinuation coverage for surviving spouses; to not be applied to the Federal Employees Rules of the House of Representatives to pro- the Committee on Ways and Means, and in Health Benefit program until the Cost Ac- vide that certain extraordinary bills re- addition to the Committees on Commerce, counting Standards Board Review Panel sub- ported by the Committee on Government Re- and Education and the Workforce, for a pe- mits its report and recommendations to Con- form and Oversight to eliminate waste and riod to be subsequently determined by the gress; to the Committee on Government Re- provide reform of the executive branch are Speaker, in each case for consideration of form and Oversight. privileged; to the Committee on Rules. such provisions as fall within the jurisdic- By Mr. COBLE (for himself, Mr. CON- tion of the committee concerned. YERS, Mr. NORWOOD, Mr. TAYLOR of f By Mr. MCDERMOTT (for himself, Mr. North Carolina, Mr. NADLER, Mr. STARK, and Mr. MILLER of Califor- COBURN, Mr. ACKERMAN, Mr. DICKEY, nia): Mr. KING of New York, Mr. JENKINS, ADDITIONAL SPONSORS H.R. 4836. A bill to amend title XI of the and Mr. HILLEARY): Social Security Act and the Internal Reve- Under clause 4 of rule XXII, sponsors H.R. 4841. A bill to establish minimum nue Code of 1986 to establish a mechanism to were added to public bills and resolu- standards of fair conduct in franchise sales promote the provision of Medicare cost-shar- tions as follows: ing assistance to eligible low-income Medi- and franchise business relationships, and for H.R. 371: Mr. MEEHAN. care beneficiaries; to the Committee on other purposes; to the Committee on the Ju- H.R. 468: Mr. SHERMAN. Ways and Means, and in addition to the Com- diciary. H.R. 902: Mr. WATKINS. mittee on Commerce, for a period to be sub- By Mr. LIVINGSTON: sequently determined by the Speaker, in H.J. Res. 135. A joint resolution making H.R. 1061: Mr. OBERSTAR. each case for consideration of such provi- further continuing appropriations for the fis- H.R. 2704: Ms. SANCHEZ, Mr. GREEN, Mr. sions as fall within the jurisdiction of the cal year 1999, and for other purposes; to the NADLER, Ms. ESHOO, Ms. NORTON, Mr. FOX of committee concerned. Committee on Appropriations. considered Pennsylvania, Mrs. LOWEY, Ms. KILPATRICK, By Mr. NUSSLE (for himself, Mr. and agreed to. and Mrs. MEEK of Florida. CARDIN, Mr. KASICH, Mr. SOLOMON, By Mrs. CUBIN (for herself and Ms. H.R. 2733: Mr. PITTS and Mr. BECERRA. Mr. DREIER, Mr. GOSS, Mr. MINGE, DEGETTE): H.R. 2868: Mr. SNOWBARGER. Mr. SUNUNU, Mr. RADANOVICH, Ms. H. Res. 597. A resolution expressing the H.R. 2922: Mr. GOODE. GRANGER, and Mr. STENHOLM): sense of the House with respect to the brutal H.R. 2923: Mr. MCHALE. H.R. 4837. A bill to amend the Congres- killing of Mr. Matthew Shepard; to the Com- H.R. 3514: Mr. WEYGAND. sional Budget Act of 1974 to provide for joint mittee on the Judiciary. H.R. 3905: Mr. BARR of Georgia. resolutions on the budget, reserve funds for By Mr. TRAFICANT (for himself, Mr. H.R. 3925: Mr. ACKERMAN. emergency spending, strengthened enforce- ROEMER, Mr. RANGEL, Mr. DEFAZIO, H.R. 3955: Ms. KILPATRICK and Mr. BARRETT ment of budgetary decisions, increased ac- Mr. HORN, Mr. OBERSTAR, Mr. of Wisconsin. countability for Federal spending, accrual FATTAH, Mr. KINGSTON, Mr. FOX of H.R. 4171: Mr. TRAFICANT and Mr. WISE. budgeting for Federal insurance programs, Pennsylvania, Mr. REGULA, Mr. DEAL H.R. 4174: Mr. LUTHER. mitigation of the bias in the budget process of Georgia, Mr. NORWOOD, Mr. H.R. 4221: Mr. ANDREWS. toward higher spending, modifications in CHAMBLISS, Mr. EVERETT, Mr. DUN- H.R. 4235: Mr. DEUTSCH. paygo requirements when there is an on- CAN, Mr. NEY, Mr. MOLLOHAN, Mr. RA- H.R. 4315: Mr. GEPHARDT. budget surplus, and for other purposes; to HALL, Mr. DOYLE, Mr. KANJORSKI, Mr. H.R. 4332: Mr. CLEMENT. the Committee on the Budget, and in addi- BRADY of Pennsylvania, Mr. HOLDEN, H.R. 4403: Ms. MILLENDER-MCDONALD. tion to the Committee on Rules, for a period Mr. BALDACCI, Mr. BILIRAKIS, Mr. H.R. 4429: Mr. DIXON. to be subsequently determined by the Speak- YOUNG of Florida, Mr. COLLINS, Mr. H.R. 4449: Mr. LAMPSON. er, in each case for consideration of such pro- LATOURETTE, Mr. COOKSEY, Mr. H.R. 4531: Mrs. TAUSCHER, Mr. FARR of visions as fall within the jurisdiction of the KLINK, Mr. MASCARA, Mr. VISCLOSKY, California, and Mr. LUTHER. committee concerned. Mr. PARKER, Mr. KUCINICH, Mr. H.R. 4534: Ms. DEGETTE. By Mr. VENTO: HUNTER, Mr. DICKEY, Mr. MOAKLEY, H.R. 4838. A bill to authorize the Secretary H.R. 4674: Mr. MILLER of California. of Housing and Urban Development to make Ms. JACKSON-LEE of Texas, Mr. LEWIS H.R. 4716: Mr. FILNER. grants to States to supplement State assist- of California, Mr. ENGEL, and Mr. H.R. 4761: Mr. LAZIO of New York. ance for the preservation of affordable hous- ENGLISH of Pennsylvania): H.R. 4765: Mr. BUNNING of Kentucky. ing for low-income families; to the Commit- H. Res. 598. A resolution calling on the H.R. 4818: Mr. CUMMINGS, Ms. WOOLSEY, Ms. tee on Banking and Financial Services. President to take all necessary measures to CARSON, Mr. SERRANO and Mr. JEFFERSON. By Mr. YOUNG of Florida: respond to the surge of steel imports result- H. Con. Res. 322: Mr. KUCINICH. H.R. 4839. A bill to suspend temporarily the ing from the financial crises in Asia, Russia, H. Con. Res. 325: Mr. WATT of North Caro- duty on certain crystal vases and drinking and other regions, and for other purposes; to lina, Mr. FARR of California, and Mr. GIL- glasses; to the Committee on Ways and the Committee on Ways and Means. MAN. Means. By Mr. RIGGS: H. Con. Res. 345: Mr. HOEKSTRA, Mr. BOB By Mrs. MORELLA (for herself and Mr. H. Res. 599. A resolution expressing the SCHAFFER, Mr. ROTHMAN, Mr. MCNULTY, Mr. BARTLETT of Maryland): sense of the House on a question relating to BLUNT, and Mrs. CUBIN. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, WEDNESDAY, OCTOBER 14, 1998 No. 146 Senate (Legislative day of Friday, October 2, 1998)

The Senate met at 12 noon, on the ex- ing creative compromises. Give business until 1:00 p.m. Following piration of the recess, and was called to strength and patience to those charged morning business, the Senate may con- order by the President pro tempore with hammering out the specifics of an sider any legislative items that can be (Mr. THURMOND). emerging agreement. Thank You for all cleared by unanimous consent. the hours they have spent. Now to- PRAYER gether with one heart, we trust You to Also, it is expected that the House will send over a 1- or 2-day continuing The Chaplain, Dr. Lloyd John bring this crucial process to a success- ful completion. We ask this for Your resolution which the Senate would Ogilvie, offered the following prayer: glory and the good of our Nation. In take up and pass by unanimous con- Lord of all life, for whom there is no the Name of our Lord and Savior. separation between the sacred and the sent. The negotiations with respect to Amen. secular, or prayer and politics, or bless- the omnibus appropriations bill are f ings and budgets, we praise You that still going on, and it is still the hope of we can call on Your help to accomplish RECOGNITION OF THE ACTING the majority leader that the bipartisan the crucial work of government. Thank MAJORITY LEADER bill can be agreed to by unanimous You for the progress being made in ne- The PRESIDENT pro tempore. The consent. gotiations on the budget. Often, we able acting majority leader is recog- Once again, in the event a rollcall don’t think of You being concerned nized. vote is requested on the funding bill, about or involved in the mundane de- f all Members will be immediately noti- tails of the budget. Yet, the budget rep- resents our convictions, priorities, and SCHEDULE fied. programs. Therefore, we pray for Your Mr. CRAIG. Mr. President, today the The majority leader thanks all of our help in resolving differences and find- Senate will begin a period of morning colleagues for their attention.

N O T I C E If the 105th Congress adjourns sine die on or before October 16, 1998, a final issue of the Congressional Record for the 105th Congress will be published on October 28, 1998, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT±60 or S±123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through October 27. The final issue will be dated October 28, 1998, and will be delivered on Thursday, October 29. If the 105th Congress does not adjourn until a later date in 1998, the final issue will be printed at a date to be an- nounced. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Records@Reporters''. Members of the House of Representatives' statements may also be submitted electronically on a disk to accompany the signed statement and delivered to the Official Reporter's office in room HT±60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512±0224, be- tween the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. JOHN W. WARNER, Chairman.

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

S12463

. S12464 CONGRESSIONAL RECORD — SENATE October 14, 1998 REQUIRING THE COMMISSIONER track participation in Federal means-tested mates overpayments of $3.9 million in OF SOCIAL SECURITY TO TAKE public assistance programs. those states alone. CERTAIN ACTIONS (b) ADMINISTRATION.—In conducting the study, the Secretary shall— Last year the GAO reported to the Mr. CRAIG. I ask unanimous consent (1) analyze available data to determine— Agriculture Committee that over $3 that the Agriculture Committee be dis- (A) whether the data have addressed the million in food stamp benefits were charged from further consideration of needs of the food stamp program established overpaid to prisoners’ households. In S. 1733, and the Senate then proceed to under the Food Stamp Act of 1977 (7 U.S.C. response, we passed legislation to stop its immediate consideration. 2011 et seq.); prisoners from receiving benefits. The PRESIDING OFFICER. Without (B) whether additional or unique data need to be developed to address the needs of the My bill will require state food stamp objection, it is so ordered. food stamp program; and agencies to use the Social Security Ad- The clerk will report. (C) the feasibility and cost-benefit ratio of ministration’s Death Master file to The assistant legislative clerk read each available option for a national data- verify that no deceased individuals are as follows: base; counted as members of food stamp A bill (S. 1733) to require the Commissioner (2) survey the States to determine how the households, either increasing a house- of Social Security and food stamp State States are enforcing the prohibition on re- holds’ benefits or allowing an individ- cipients receiving assistance in more than 1 agencies to take certain actions to ensure ual to illegally receive benefits in the that food stamp coupons are not issued for State under Federal means-tested public as- deceased individuals. sistance programs; deceased person’s name. To give SAA enough time to iron out Year 2000 prob- The PRESIDING OFFICER (Mr. (3) determine the functional requirements of each available option for a national data- lems, this provision will not be effec- COATS). Is there objection to the imme- base; and tive until June 1, 2000. diate consideration of the bill? (4) ensure that all options provide safe- There being no objection, the Senate guards to protect against the unauthorized Current law requires that households proceeded to consider the bill. use or disclosure of information in the na- notify their local welfare office of any changes in the makeup of the house- AMENDMENT NO. 3822 tional database. (c) REPORT.—Not later than 1 year after hold within ten days. The GAO report (Purpose: To provide a complete substitute) the date of enactment of this Act, the Sec- showed that the deceased individuals Mr. CRAIG. Mr. President, Senator retary shall submit to Congress a report on were counted in food stamp households LUGAR and Senator HARKIN have a sub- the results of the study conducted under this for an average of four months; and, in stitute amendment at the desk, and I section. a few instances, the deceased individ- ask for its consideration. (d) FUNDING.—Out of any moneys in the uals were counted as beneficiaries for The PRESIDING OFFICER. The Treasury not otherwise appropriated, the the full two years the review was clerk will report. Secretary of the Treasury shall provide to counted. This is unacceptable, particu- The assistant legislative clerk read the Secretary of Agriculture $500,000 to carry out this section. The Secretary shall be enti- larly since this type of fraud can easily as follows: tled to receive the funds and shall accept the be prevented. The Senator from Idaho [Mr. CRAIG] for funds, without further appropriation. Mr. President, one federal agency has Mr. LUGAR, for himself and Mr. HARKIN, pro- Amend the title so as to read: ‘‘A bill to poses an amendment numbered 3822. amend the Food Stamp Act of 1977 to require the information to prevent this fraud The amendment is as follows: food stamp State agencies to take certain and abuse, but is not sharing it with Strike all after the enacting clause and in- actions to ensure that food stamp coupons other agencies issuing federal benefits. sert the following: are not issued for deceased individuals, to re- The Social Security Administration SECTION 1. DENIAL OF FOOD STAMPS FOR DE- quire the Secretary of Agriculture to con- (SSA) has a Death Master File that CEASED INDIVIDUALS. duct a study of options for the design, devel- compiles death information available (a) IN GENERAL.—Section 11 of the Food opment, implementation, and operation of a in the federal government. According Stamp Act of 1977 (7 U.S.C. 2020) is amended national database to track participation in to the GAO, a match using SSA’s by adding at the end the following: Federal means-tested public assistance pro- grams, and for other purposes.’’. Death Master File information could ‘‘(r) DENIAL OF FOOD STAMPS FOR DECEASED be a cost-effective method for identify- INDIVIDUALS.—Each State agency shall— Mr. LUGAR. Mr. President, I rise ing such individuals in food stamp ‘‘(1) enter into a cooperative arrangement today to support S. 1733, as amended, a households and eliminating these over- with the Commissioner of Social Security, bill to combat fraud and waste in the pursuant to the authority of the Commis- payments. States already relay on the food stamp program. This bill will do SSA to verify the social security num- sioner under section 205(r)(3) of the Social two things. First, it will require food Security Act (42 U.S.C. 405(r)(3)), to obtain bers of food stamp applicants. There- information on individuals who are deceased; stamp offices to match food stamp files fore, a system already exists in one and with Social Security data to identify branch of the federal government that, ‘‘(2) use the information to verify and oth- overpayments to deceased food stamp with some modifications, could stop erwise ensure that benefits are not issued to participants. Second, it will require the these overpayments. individuals who are deceased.’’. Secretary of the U.S. Department of (b) REPORT.—Not later than September 1, Agriculture to explore data on the de- My bill will also require the United 2000, the Secretary of Agriculture shall sub- velopment of a national database to States Department of Agriculture to mit a report regarding the progress and ef- identify overpayments resulting from conduct a study to identify options for fectiveness of the cooperative arrangements individuals receiving benefits in two or a national database to track food entered into by State agencies under section stamp participants and combat inter- 11(r) of the Food Stamp Act of 1977 (7 U.S.C. more states at the same time and im- 2020(r)) (as added by subsection (a)) to— plement other program interstate re- state fraud. The GAO’s report validates (1) the Committee on Agriculture of the quirements. a Department of Health and Human House of Representatives; This bill is the result of the last two Services computer match of 15 states (2) the Committee on Agriculture, Nutri- General Accounting Office studies that which found 18,000 potential duplicated tion, and Forestry of the Senate; I requested dealing with groups of in- Temporary Assistance for Needy Fami- (3) the Committee on Ways and Means of eligible people receiving food stamps. lies (TANF) cases. At present there is the House of Representatives; In the first report, the GAO reported no appropriate national database that (4) the Committee on Finance of the Sen- tracks in means-tested benefit pro- ate; and that 26,000 deceased individuals in four (5) the Secretary of the Treasury. states were counted as members of a grams. States have been working indi- (d) EFFECTIVE DATE.—This section and the food stamp household. According to the vidually on the problem of benefits amendments made by this section take ef- GAO, this resulted in overpayments of paid in multiple jurisdictions. For ex- fect on June 1, 2000. an estimated $8.6 million. In the second ample, some states have developed co- SEC. 2. STUDY OF NATIONAL DATABASE FOR FED- report, the GAO identified over 20,000 operative agreements with neighboring ERAL MEANS-TESTED PUBLIC AS- individuals who received benefits in at states to share data. Current state ef- SISTANCE PROGRAMS. least two states at the same time dur- forts are effective, but anything short (a) IN GENERAL.—The Secretary of Agri- of a national system is inefficient. culture shall conduct a study of options for ing 1996. Using administrative records the design, development, implementation, from four states (California, Texas, Mr. President, the welfare reform bill and operation of a national database to New York, and Florida), the GAO esti- required states to guard against fraud October 14, 1998 CONGRESSIONAL RECORD — SENATE S12465 and abuse, and specifically prohibited Page 2, beginning on line 12, strike ‘‘1997, not later than 415 days after the date of enact- participants from receiving benefits in 1998, 1999, and 2000,’’ and insert: ‘‘1999, 2000, ment of this Act, the Secretary shall transfer to two states. However, the bill did not 2001, and 2002,’’. the Fund Account to be credited to accounts es- give states tools to combat this type of Page 2, line 18, strike ‘‘1997, 1998, 1999, and tablished in the Fund Account for the benefit of 2000.’’ and insert: ‘‘1999, 2000, 2001, and 2002.’’ the applicable governing bodies under para- fraud. HHS has already fulfilled a con- Page 4, strike lines 5 through 10, and in- graph (2) an aggregate amount determined gressional mandate to look into some sert: under subparagraph (B). of these issues, so I expect the USDA to ‘‘(3) in subsection (f)(1), by striking ‘1992, (B) AGGREGATE AMOUNT.—The aggregate use the completed HHS report to Con- 1993, and 1994, and inserting 2000 and 2001,’.’’. amount referred to in subparagraph (A) is an gress as a base upon which to build. Mr. CRAIG. Mr. President, I ask amount equal to the remainder of— Further, I believe that the study (i) the funds described in section 3; minus unanimous consent that the Senate (ii) an amount equal to 71.6005 percent of the should explore the possibility of a ‘‘real agree to the amendment of the House. time’’ database, so that eligibility funds described in section 3. The PRESIDING OFFICER. Without (2) DISTRIBUTION OF FUNDS TO ACCOUNTS IN workers will instantly know if there objection, it is so ordered. THE FUND ACCOUNT.—The Secretary shall ensure are any problems with an application. f that the aggregate amount transferred under This will avoid the ‘‘pay-and-chase’’ paragraph (1) is allocated to the accounts estab- problem that forces states to recoup MISSISSIPPI SIOUX TRIBES JUDG- lished in the Fund Account as follows: overpayments from beneficiaries after MENT FUND DISTRIBUTION ACT (A) 28.9276 percent of that amount shall be al- the fact—sometimes years later. This OF 1998 located to the account established for the benefit of the tribal governing body of the Spirit Lake method of fraud enforcement is ineffi- Mr. CRAIG. Mr. President, I ask the cient, and often a burden on the recipi- Tribe of North Dakota. Chair lay before the Senate a message (B) 57.3145 percent of that amount, after pay- ent as well. A national database should from the House of Representatives on ment of any applicable attorneys’ fees and ex- not be seen as purely an enforcement the bill (S. 391) to provide for the dis- penses by the Secretary under the contract num- tool. There are many cross program position of certain funds appropriated bered A00C14202991, approved by the Secretary benefits for the poor, benefits which to pay judgment in favor of the Mis- on August 16, 1988, shall be allocated to the ac- may not be apparent today. As with sissippi Sioux Indians, and for other count established for the benefit of the tribal any large governmental database, the governing body of the Sisseton and Wahpeton purposes. Sioux Tribe of South Dakota. study should address how the system The PRESIDING OFFICER laid be- will safeguard recipients’ privacy and (C) 13.7579 percent of that amount shall be al- fore the Senate the following message located to the account established for the benefit limit unauthorized use and disclosure from the House of Representatives: of the tribal governing body of the Assiniboine of data. and Sioux Tribes of the Fort Peck Reservation Means-tested benefits, including food Resolved, That the bill from the Senate (S. 391) entitled ‘‘An Act to provide for the dis- in Montana, as designated under subsection (c). stamps, provide a safety net for mil- position of certain funds appropriated to pay (b) USE.—Amounts distributed under this sec- lions of people. We cannot allow fraud judgment in favor of the Mississippi Sioux tion to accounts referred to in subsection (d) for and abuse to undermine the food stamp Indians, and for other purposes’’, do pass the benefit of a tribal governing body shall be program and welfare reform. Integrity with the following amendment: distributed and used in a manner consistent is essential to ensure a program that Strike out all after the enacting clause and with section 5. can serve those in need. It is our re- insert: (c) TRIBAL GOVERNING BODY OF ASSINIBOINE AND SIOUX TRIBES OF FORT PECK RESERVA- SECTION 1. SHORT TITLE. sponsibility to help end fraud and TION.—For purposes of making distributions of This Act may be cited as the ‘‘Mississippi abuse in all federally funded programs. funds pursuant to this Act, the Sisseton and Sioux Tribes Judgment Fund Distribution Act of This legislation is an important step in Wahpeton Sioux Council of the Assiniboine and 1998’’. that direction and will help ensure that Sioux Tribes shall act as the governing body of welfare reform is a success. SEC. 2. DEFINITIONS. the Assiniboine and Sioux Tribes of the Fort Mr. President, I urge my colleagues In this Act: Peck Reservation. (1) COVERED INDIAN TRIBE.—The term ‘‘cov- to join Senator HARKIN and me in sup- (d) TRIBAL TRUST FUND ACCOUNTS.—The Sec- ered Indian tribe’’ means an Indian tribe listed retary of the Treasury, in cooperation with the porting this bill. in section 4(a). Mr. CRAIG. Mr. President, I ask Secretary of the Interior, acting through the Of- (2) FUND ACCOUNT.—The term ‘‘Fund Ac- unanimous consent that the amend- fice of Trust Fund Management of the Depart- count’’ means the consolidated account for trib- ment of the Interior, shall ensure that such ac- ment be agreed to, the bill be read the al trust funds in the Treasury of the United counts as are necessary are established in the third time and passed, the motion to States that is managed by the Secretary— Fund Account to provide for the distribution of reconsider be laid upon the table, and (A) through the Office of Trust Fund Man- funds under subsection (a)(2). that any statements relating to the agement of the Department of the Interior; and SEC. 5. USE OF DISTRIBUTED FUNDS. (B) in accordance with the American Indian bill appear at this point in the record. (a) PROHIBITION.—No funds allocated for a The PRESIDING OFFICER. Without Trust Fund Management Reform Act of 1994 (25 covered Indian tribe under section 4 may be objection, it is so ordered. U.S.C. 4001 et seq.). used to make per capita payments to members of The amendment (No. 3822) was agreed (3) SECRETARY.—The term ‘‘Secretary’’ means the covered Indian tribe. the Secretary of the Interior. to. (b) PURPOSES.—The funds allocated under (4) TRIBAL GOVERNING BODY.—The term ‘‘trib- section 4 may be used, administered, and man- The bill (S. 1733), as amended, was al governing body’’ means the duly elected gov- read the third time and passed. aged by a tribal governing body referred to in erning body of a covered Indian tribe. section 4(a)(2) only for the purpose of making f SEC. 3. DISTRIBUTION TO, AND USE OF CERTAIN investments or expenditures that the tribal gov- NATIVE AMERICAN PROGRAMS FUNDS BY, THE SISSETON AND erning body determines to be reasonably related WAHPETON TRIBES OF SIOUX INDI- to— ACT AMENDMENTS OF 1999 ANS. (1) economic development that is beneficial to Notwithstanding any other provision of law, Mr. CRAIG. Mr. President, I ask the the covered Indian tribe; Chair lay before the Senate a message including Public Law 92–555 (25 U.S.C. 1300d et (2) the development of resources of the covered from the House of Representatives on seq.), any funds made available by appropria- Indian tribe; tions under chapter II of Public Law 90–352 (82 the bill (S. 459) to amend the Native (3) the development of programs that are bene- Stat. 239) to the Sisseton and Wahpeton Tribes ficial to members of the covered Indian tribe, in- American Programs Act of 1974 to ex- of Sioux Indians to pay a judgment in favor of tend certain authorizations, and for cluding educational and social welfare pro- those Indian tribes in Indian Claims Commission grams; other purposes. dockets numbered 142 and 359, including inter- (4) the payment of any existing obligation or The PRESIDING OFFICER laid be- est, that, as of the date of enactment of this Act, debt (existing as of the date of the distribution fore the Senate the following message have not been distributed, shall be distributed of the funds) arising out of any activity referred from the House of Representatives: and used in accordance with this Act. to in paragraph (1), (2), or (3); Resolved, That the bill from the Senate (S. SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES. (5)(A) the payment of attorneys’ fees or ex- 459) entitled ‘‘An Act to amend the Native (a) IN GENERAL.— penses of any covered Indian tribe referred to in American Programs Act of 1974 to extend (1) AMOUNT DISTRIBUTED.— subparagraph (A) or (C) of section 4(a)(2) for certain authorizations, and for other pur- (A) IN GENERAL.—Subject to section 8(e) and if litigation or other representation for matters poses’’, do pass the following amendments: no action is filed in a timely manner (as deter- arising out of the enactment of Public Law 92– Page 2, beginning on line 8, strike ‘‘1997, mined under section 8(d)) raising any claim 555 (25 U.S.C. 1300d et seq.); except that 1998, 1999, and 2000.’’ and insert: ‘‘1999, 2000, identified in section 8(a), not earlier than 365 (B) the amount of attorneys’ fees paid by a 2001, and 2002.’’ days after the date of enactment of this Act and covered Indian tribe under this paragraph with S12466 CONGRESSIONAL RECORD — SENATE October 14, 1998 funds distributed under section 4 shall not ex- under subsection (a) is made under paragraph Indian tribe by certified mail with return receipt ceed 10 percent of the amount distributed to that (1), an amount equal to that reduction shall be requested. Indian tribe under that section; added to the amount available for distribution (d) STATUTE OF LIMITATIONS.—No action rais- (6) the payment of attorneys’ fees or expenses under section 4(a)(1), for distribution in accord- ing a claim referred to in subsection (a) may be of the covered Indian tribe referred to in section ance with section 4(a)(2). filed after the date that is 365 days after the 4(a)(2)(B) for litigation and other representation (c) VERIFICATION OF ANCESTRY.—In seeking to date of enactment of this Act. for matters arising out of the enactment of Pub- verify the Sisseton and Wahpeton Mississippi (e) SPECIAL RULE.— lic Law 92–555 (25 U.S.C. 1300d et seq.), in ac- Sioux Tribe ancestry of any person applying for (1) FINAL JUDGMENT FOR LINEAL DESCEND- cordance, as applicable, with the contracts enrollment on the roll of lineal descendants ANTS.— numbered A00C14203382 and A00C14202991, that after January 1, 1998, the Secretary shall certify (A) IN GENERAL.—If an action that raises a the Secretary approved on February 10, 1978 that each individual enrolled as a lineal de- claim referred to in subsection (a) is brought, and August 16, 1988, respectively; or scendant can trace ancestry to a specific and a final judgment is entered in favor of 1 or (7) the payment of attorneys’ fees or expenses Sisseton or Wahpeton Mississippi Sioux Tribe more lineal descendants referred to in that sub- of any covered Indian tribe referred to in section lineal ancestor who was listed on— section, section 4(a) and subsections (a) and (b) 4(a)(2) for litigation or other representation (1) the 1909 Sisseton and Wahpeton annuity of section 7 shall not apply to the distribution of with respect to matters arising out of this Act. roll; the funds described in subparagraph (B). (c) MANAGEMENT.—Subject to subsections (a), (2) the list of Sisseton and Wahpeton Sioux (B) DISTRIBUTION OF FUNDS.—Upon the (b), and (d), any funds distributed to a covered prisoners convicted for participating in the out- issuance of a final judgment referred to in sub- Indian tribe pursuant to sections 4 and 7 may be break referred to as the ‘‘1862 Minnesota Out- paragraph (A) the Secretary shall distribute 100 managed and invested by that Indian tribe pur- break’’; percent of the funds described in section 3 to the suant to the American Indian Trust Fund Man- (3) the list of Sioux scouts, soldiers, and heirs lineal descendants in a manner consistent agement Reform Act of 1994 (25 U.S.C. 4001 et identified as Sisseton and Wahpeton Sioux on with— seq.). the roll prepared pursuant to the Act of March (i) section 202(c) of Public Law 92–555 (25 (d) WITHDRAWAL OF FUNDS BY COVERED 3, 1891 (26 Stat. 989 et seq., chapter 543); or U.S.C. 1300d–4(c)); and TRIBES.— (4) any other Sisseton or Wahpeton payment (ii) section 202(a) of Public Law 92–555, as in (1) IN GENERAL.—Subject to paragraph (2), or census roll that preceded a roll referred to in effect on the day before the date of enactment of each covered Indian tribe may, at the discretion paragraph (1), (2), or (3). this Act. of that Indian tribe, withdraw all or any por- (d) CONFORMING AMENDMENTS.— (2) FINAL JUDGMENT FOR COVERED INDIAN tion of the funds distributed to the Indian tribe (1) IN GENERAL.—Section 202(a) of Public Law TRIBES.— under sections 4 and 7 in accordance with the 92–555 (25 U.S.C. 1300d–4(a)) is amended— (A) IN GENERAL.—If an action that raises a American Indian Trust Fund Management Re- (A) in the matter preceding the table— claim referred to in subsection (a) is brought, form Act (25 U.S.C. 4001 et seq.). (i) by striking ‘‘, plus accrued interest,’’; and and a final judgment is entered in favor of 1 or (2) EXEMPTION.—For purposes of paragraph (ii) by inserting ‘‘plus interest received (other more covered Indian tribes that invalidates the (1), the requirements under subsections (a) and than funds otherwise distributed to the Sisseton distributions made under this Act to lineal de- (b) of section 202 of the American Indian Trust and Wahpeton Tribes of Sioux Indians in ac- scendants, section 4(a), other than the percent- Fund Management Reform Act (25 U.S.C. 4022 cordance with the Mississippi Sioux Tribes ages under section 4(a)(2), and subsections (a) (a) and (b)) and section 203 of such Act (25 Judgment Fund Distribution Act of 1998),’’ after and (b) of section 7 shall not apply. U.S.C. 4023) shall not apply to a covered Indian ‘‘docket numbered 359,’’; and (B) DISTRIBUTION OF FUNDS.—Not later than tribe or the Secretary. (B) in the table contained in that subsection, 180 days after the date of the issuance of a final (3) RULE OF CONSTRUCTION.—Nothing in para- by striking the item relating to ‘‘All other judgment referred to in subparagraph (A), the graph (2) may be construed to limit the applica- Sisseton and Wahpeton Sioux’’. Secretary shall distribute 100 percent of the bility of section 202(c) of the American Indian (2) ROLL.—Section 201(b) of Public Law 92–555 funds described in section 3 to each covered In- Trust Fund Management Reform Act (25 U.S.C. (25 U.S.C. 1300d–3(b)) is amended by striking dian tribe in accordance with the judgment and 4022(c)). ‘‘The Secretary’’ and inserting ‘‘Subject to the the percentages for distribution contained in SEC. 6. EFFECT OF PAYMENTS TO COVERED IN- Mississippi Sioux Tribes Judgment Fund Dis- section 4(a)(2). DIAN TRIBES ON BENEFITS. tribution Act of 1998, the Secretary’’. (f) LIMITATION ON CLAIMS BY A COVERED IN- A payment made to a covered Indian tribe or DIAN TRIBE.— SEC. 8. JURISDICTION; PROCEDURE. an individual under this Act shall not— (1) IN GENERAL.—If any covered Indian tribe (1) for purposes of determining the eligibility (a) ACTIONS AUTHORIZED.—In any action receives any portion of the aggregate amounts for a Federal service or program of a covered In- brought by or on behalf of a lineal descendant transferred by the Secretary to a Fund Account dian tribe, household, or individual, be treated or any group or combination of those lineal de- or any other account under section 4, no action as income or resources; or scendants to challenge the constitutionality or may be brought by that covered Indian tribe in (2) otherwise result in the reduction or denial validity of distributions under this Act to any any court for a claim arising from the distribu- of any service or program to which, pursuant to covered Indian tribe, any covered Indian tribe, tion of funds under Public Law 92–555 (25 Federal law (including the Social Security Act separately, or jointly with another covered In- U.S.C. 1300d et seq.). (42 U.S.C. 301 et seq.)), the covered Indian tribe, dian tribe, shall have the right to intervene in (2) RULE OF CONSTRUCTION.—Nothing in this household, or individual would otherwise be en- that action to— subsection shall be construed to limit the right titled. (1) defend the validity of those distributions; of a covered Indian tribe to— or SEC. 7. DISTRIBUTION OF FUNDS TO LINEAL DE- (A) intervene in an action that raises a claim SCENDANTS. (2) assert any constitutional or other claim referred to in subsection (a); or (a) IN GENERAL.—Subject to section 8(e), the challenging the distributions made to lineal de- (B) limit the jurisdiction of any court referred Secretary shall, in the manner prescribed in sec- scendants under this Act. to in subsection (b), to hear and determine any tion 202(c) of Public Law 92–555 (25 U.S.C. (b) JURISDICTION AND VENUE.— such claims. 1300d–4(c)), distribute to the lineal descendants (1) EXCLUSIVE ORIGINAL JURISDICTION.—Sub- ject to paragraph (2), only the United States Mr. CRAIG. Mr. President, I ask of the Sisseton and Wahpeton Tribes of Sioux unanimous consent that the Senate Indians an amount equal to 71.6005 percent of District Court for the District of Columbia, and the funds described in section 3, subject to any for the districts in North Dakota and South Da- concur in the amendment of the House. reduction determined under subsection (b). kota, shall have original jurisdiction over any The PRESIDING OFFICER. Without (b) ADJUSTMENTS.— action brought to contest the constitutionality objection, it is so ordered. (1) IN GENERAL.—Subject to section 8(e), if the or validity under law of the distributions au- f number of individuals on the final roll of lineal thorized under this Act. descendants certified by the Secretary under (2) CONSOLIDATION OF ACTIONS.—After the fil- DENIAL OF BENEFITS TO DEVEL- section 201(b) of Public Law 92–555 (25 U.S.C. ing of a first action under subsection (a), all OPING COUNTRIES THAT VIO- 1300d–3(b)) is less than 2,588, the Secretary shall other actions subsequently filed under that sub- LATE INTELLECTUAL PROPERTY distribute a reduced aggregate amount to the section shall be consolidated with that first ac- RIGHTS lineal descendants referred to in subsection (a), tion. determined by decreasing— (3) JURISDICTION BY THE UNITED STATES COURT Mr. CRAIG. Mr. President, I ask (A) the percentage specified in section OF FEDERAL CLAIMS.—If appropriate, the United unanimous consent that the Finance 4(a)(B)(ii) by a percentage amount equal to— States Court of Federal Claims shall have juris- Committee be discharged from further (i) .0277; multiplied by diction over an action referred to in subsection consideration of S. Con. Res. 124, and (ii) the difference between 2,588 and the num- (a). the Senate then proceed to its imme- ber of lineal descendants on the final roll of lin- (c) NOTICE TO COVERED TRIBES.—In an action diate consideration. brought under this section, not later than 30 eal descendants, but not to exceed 600; and The PRESIDING OFFICER. Without (B) the percentage specified in subsection (a) days after the service of a summons and com- by the percentage amount determined under plaint on the Secretary that raises a claim iden- objection, it is so ordered. subparagraph (A). tified in subsection (a), the Secretary shall send The clerk will report. (2) DISTRIBUTION.—If a reduction in the a copy of that summons and complaint, together The assistant legislative clerk read amount that otherwise would be distributed with any responsive pleading, to each covered as follows: October 14, 1998 CONGRESSIONAL RECORD — SENATE S12467 A concurrent resolution (S. Con. Res. 124) property-dependent industries from selling SECTION 1. SHORT TITLE; TABLE OF CONTENTS. expressing the sense of Congress regarding products in those countries; (a) SHORT TITLE.—This Act may be cited as the denial of benefits under the Generalized Whereas the Agreement on Trade-Related the ‘‘Estuary Habitat Restoration Partnership System of Preferences to developing coun- Aspects of Intellectual Property Rights re- Act of 1998’’. tries that violate the intellectual property quires its signatories to provide a minimum (b) TABLE OF CONTENTS.—The table of con- rights of U.S. persons, particularly those of essential protections to the intellectual tents of this Act is as follows: that have not implemented their obligations property of citizens from all signatory na- Sec. 1. Short title; table of contents. under the Agreement on Trade-related as- tions; TITLE I—ESTUARY HABITAT pects of intellectual property. Whereas the United States has fully imple- RESTORATION mented its obligations under the Agreement The PRESIDING OFFICER. Is there Sec. 101. Findings. objection to the immediate consider- on Trade-Related Aspects of Intellectual Property Rights, and in fact in many cases Sec. 102. Purposes. ation of the resolution? offers stronger protection of intellectual Sec. 103. Definitions. There being no objection, the Senate property rights than required in the Agree- Sec. 104. Establishment of Collaborative Coun- proceeded to consider the resolution. ment; cil. AMENDMENT NO. 3823 Whereas it appears that at the current rate Sec. 105. Duties of Collaborative Council. Sec. 106. Cost sharing of estuary habitat res- Mr. CRAIG. Mr. President, Senator many developing countries that receive ben- efits under the Generalized System of Pref- toration projects. LAUTENBERG has an amendment at the Sec. 107. Monitoring and maintenance of estu- desk to the resolution, and I ask for its erences may not be in compliance with their obligations under the Agreement on Trade- ary habitat restoration projects. immediate consideration. Related Aspects of Intellectual Property Sec. 108. Cooperative agreements; memoranda The PRESIDING OFFICER. The Rights on January 1, 2000, as required; and of understanding. clerk will report. Whereas many of the developing countries Sec. 109. Distribution of appropriations for es- The assistant legislative clerk read that receive benefits under the Generalized tuary habitat restoration activi- as follows: System of Preferences and that are not on ties. Sec. 110. Authorization of appropriations. The Senator from Idaho [Mr. CRAIG], for track in complying with their obligations under the Agreement on Trade-Related As- Sec. 111. National estuary program. Mr. LAUTENBERG, proposes an amendment Sec. 112. General provisions. numbered 3823. pects of Intellectual Property Rights are re- sponsible for substantial trade losses suf- TITLE II—CHESAPEAKE BAY AND OTHER The amendment is as follows: fered by United States intellectual property- REGIONAL INITIATIVES On page 3, line 5, strike all in the line after dependent industries: Now, therefore, be it Sec. 201. Chesapeake Bay. ‘‘that’’ and insert: ‘‘is not making substan- Resolved by the Senate (the House of Rep- Sec. 202. Chesapeake Bay gateways and tial progress towards adequately and effec- resentatives concurring), That it is the sense watertrails. tively protecting’’. of Congress that— Sec. 203. Pfiesteria and other aquatic toxins re- Mr. CRAIG. Mr. President, I ask (1) the United States should not give spe- search and grant program. unanimous consent that the amend- cial trade preferences to goods originating Sec. 204. Long Island Sound. ment be agreed to, that the concurrent from a country that is not making substan- TITLE I—ESTUARY HABITAT resolution, as amended, be agreed to, tial progress towards adequately and effec- RESTORATION tively protecting United States intellectual the preamble be agreed to, and the mo- property rights, particularly a developing SEC. 101. FINDINGS. tion to reconsider be laid upon the country that has not met its obligations Congress finds that— table without intervening action. under the Agreement on Trade-Related As- (1) estuaries provide some of the most eco- The PRESIDING OFFICER. Without pects of Intellectual Property Rights by Jan- logically and economically productive habitat objection, it is so ordered. uary 1, 2000; for an extensive variety of plants, fish, wildlife, The amendment (No. 3823) was agreed (2) Congress should monitor the progress of and waterfowl; to. developing countries in meeting their obliga- (2) the estuaries and coastal regions of the tions under the Agreement on Trade-Related United States are home to one-half the popu- The concurrent resolution (S. Con. lation of the United States and provide essential Res. 124) was agreed to. Aspects of Intellectual Property Rights by January 1, 2000; and habitat for 75 percent of the Nation’s commer- The preamble was agreed to. (3) Congress should consider legislation cial fish catch and 80 to 90 percent of its rec- The resolution, with its preamble, that would deny the benefits of the General- reational fish catch; reads as follows: ized System of Preferences to developing (3) estuaries are gravely threatened by habitat S. CON. RES. 124 countries that are not in compliance with alteration and loss from pollution, development, and overuse; Whereas intellectual property-dependent their obligations under the Agreement on (4) successful restoration of estuaries demands industries include businesses that depend on Trade-Related Aspects of Intellectual Prop- the coordination of Federal, State, and local es- protection of trademarks, trade secrets, erty Rights beginning on January 1, 2000. tuary habitat restoration programs; and trade names, copyrights, and patents; f (5) the Federal, State, local, and private co- Whereas intellectual property-dependent operation in estuary habitat restoration activi- industries have become primary drivers of ties in existence on the date of enactment of this the United States economy, contributing ESTUARY HABITAT RESTORATION Act should be strengthened and new public and over $500,000,000,000 to the United States PARTNERSHIP ACT OF 1998 public-private estuary habitat restoration part- economy in 1997; Mr. CRAIG. Mr. President, I ask nerships established. Whereas the foreign sales and exports of unanimous consent that the Senate United States intellectual property-depend- SEC. 102. PURPOSES. ent goods totaled at least $100,000,000,000 in now proceed to the consideration of The purposes of this title are— 1997, exceeded sales of every other industrial Calendar No. 507, S. 1222. (1) to establish a voluntary program to restore sector, and helped the United States balance The PRESIDING OFFICER. The 1,000,000 acres of estuary habitat by 2010; of trade; clerk will report. (2) to ensure coordination of Federal, State, Whereas international piracy of United The assistant legislative clerk read and community estuary habitat restoration pro- States intellectual property, which the De- as follows: grams, plans, and studies; partment of Commerce estimates costs (3) to establish effective estuary habitat res- A bill (S. 1222) to catalyze restoration of United States companies nearly toration partnerships among public agencies at estuary habitat through more efficient fi- $50,000,000,000 annually, poses the greatest all levels of government and between the public nancing of projects and enhanced coordina- threat to the continued success of United and private sectors; tion of Federal and non-Federal restoration States intellectual property-dependent in- (4) to promote efficient financing of estuary programs, and for other purposes. dustries; habitat restoration activities; and Whereas goods from many developing The PRESIDING OFFICER. Is there (5) to develop and enhance monitoring and re- countries receive preferential duty treat- objection to the immediate consider- search capabilities to ensure that restoration ef- ment under the Generalized System of Pref- ation of the bill? forts are based on sound scientific understand- erences even though those countries do not There being no objection, the Senate ing. protect intellectual property rights of proceeded to consider the bill which SEC. 103. DEFINITIONS. United States persons; had been reported from the Committee In this title: Whereas piracy of United States intellec- (1) COLLABORATIVE COUNCIL.—The term ‘‘Col- tual property is so rampant in some develop- on Environment and Public Works, laborative Council’’ means the interagency ing countries that receive benefits under the with an amendment to strike all after council established by section 104. Generalized System of Preferences that it ef- the enacting clause and inserting in (2) DEGRADED ESTUARY HABITAT.—The term fectively prevents United States intellectual lieu thereof the following: ‘‘degraded estuary habitat’’ means estuary S12468 CONGRESSIONAL RECORD — SENATE October 14, 1998 habitat where natural ecological functions have mental Protection Agency, and the Secretary of from experts in the private and nonprofit sectors been impaired and normal beneficial uses have the Interior (acting through the Director of the to assist in the development of an estuary habi- been reduced. United States Fish and Wildlife Service), or tat restoration strategy. (3) ESTUARY.—The term ‘‘estuary’’ means— their designees. (5) PUBLIC REVIEW AND COMMENT.—Before (A) a body of water in which fresh water from (2) CHAIRPERSON; LEAD AGENCY.—The Sec- adopting a final estuary habitat restoration a river or stream meets and mixes with salt retary, or designee, shall chair the Collaborative strategy, the Collaborative Council shall publish water from the ocean; and Council, and the Department of the Army shall in the Federal Register a draft of the estuary (B) the physical, biological, and chemical ele- serve as the lead agency. habitat restoration strategy and provide an op- ments associated with such a body of water. (c) CONVENING OF COLLABORATIVE COUNCIL.— portunity for public review and comment. (4) ESTUARY HABITAT.— The Secretary shall— (b) PROJECT APPLICATIONS.— (A) IN GENERAL.—The term ‘‘estuary habitat’’ (1) convene the first meeting of the Collabo- (1) IN GENERAL.—An application for an estu- means the complex of physical and hydrologic rative Council not later than 30 days after the ary habitat restoration project shall originate features and living organisms within estuaries date of enactment of this Act; and from a non-Federal organization and shall re- and associated ecosystems. (2) convene additional meetings as often as quire, when appropriate, the approval of State (B) INCLUSIONS.—The term ‘‘estuary habitat’’ appropriate to ensure that this title is fully car- or local agencies. includes salt and fresh water coastal marshes, ried out, but not less often than quarterly. (2) FACTORS TO BE TAKEN INTO ACCOUNT.—In coastal forested wetlands and other coastal wet- (d) COLLABORATIVE COUNCIL PROCEDURES.— determining the eligibility of an estuary habitat lands, maritime forests, coastal grasslands, tidal (1) QUORUM.—Three members of the Collabo- restoration project for financial assistance flats, natural shoreline areas, shellfish beds, sea rative Council shall constitute a quorum. under this title, the Collaborative Council shall grass meadows, kelp beds, river deltas, and river (2) VOTING AND MEETING PROCEDURES.—The consider the following: and stream banks under tidal influence. Collaborative Council shall establish procedures (A) Whether the proposed estuary habitat res- (5) ESTUARY HABITAT RESTORATION ACTIV- for voting and the conduct of meetings by the toration project meets the criteria specified in ITY.— Council. the estuary habitat restoration strategy. (A) IN GENERAL.—The term ‘‘estuary habitat SEC. 105. DUTIES OF COLLABORATIVE COUNCIL. (B) The technical merit and feasibility of the restoration activity’’ means an activity that re- (a) ESTUARY HABITAT RESTORATION STRAT- proposed estuary habitat restoration project. sults in improving degraded estuary habitat (in- EGY.— (C) Whether the non-Federal persons propos- cluding both physical and functional restora- (1) IN GENERAL.—Not later than 1 year after ing the estuary habitat restoration project pro- tion), with the goal of attaining a self-sustain- the date of enactment of this Act, the Collabo- vide satisfactory assurances that they will have ing system integrated into the surrounding rative Council, in consultation with non-Fed- adequate personnel, funding, and authority to landscape. eral participants, including nonprofit sectors, as carry out and properly maintain the estuary (B) INCLUDED ACTIVITIES.—The term ‘‘estuary appropriate, shall develop an estuary habitat habitat restoration project. habitat restoration activity’’ includes— restoration strategy designed to ensure a com- (D) Whether, in the State in which a proposed (i) the reestablishment of physical features prehensive approach to the selection and estuary habitat restoration project is to be car- and biological and hydrologic functions; prioritization of estuary habitat restoration ried out, there is a State dedicated source of (ii) except as provided in subparagraph projects and the coordination of Federal and funding for programs to acquire or restore estu- (C)(ii), the cleanup of contamination related to non-Federal activities related to restoration of ary habitat, natural areas, and open spaces. the restoration of estuary habitat; estuary habitat. (E) Whether the proposed estuary habitat res- (iii) the control of non-native and invasive (2) INTEGRATION OF PREVIOUSLY AUTHORIZED toration project will encourage the increased co- species; ESTUARY HABITAT RESTORATION PLANS, PRO- ordination and cooperation of Federal, State, (iv) the reintroduction of native species GRAMS, AND PARTNERSHIPS.—In developing the and local government agencies. through planting or natural succession; and estuary habitat restoration strategy, the Col- (F) The amount of private funds or in-kind (v) other activities that improve estuary habi- laborative Council shall— contributions for the estuary habitat restoration tat. (A) conduct a review of— project. (C) EXCLUDED ACTIVITIES.—The term ‘‘estuary (i) Federal estuary management or habitat (G) Whether the proposed habitat restoration habitat restoration activity’’ does not include— restoration plans; and project includes a monitoring plan to ensure (i) an act that constitutes mitigation for the (ii) Federal programs established under other that short-term and long-term restoration goals adverse effects of an activity regulated or other- law that provide funding for estuary habitat are achieved. wise governed by Federal or State law; or restoration activities; (H) Other factors that the Collaborative (ii) an act that constitutes restitution for nat- (B) develop a set of proposals for— Council determines to be reasonable and nec- ural resource damages required under any Fed- (i) using programs established under this or essary for consideration. eral or State law. any other Act to maximize the incentives for the (4) PRIORITY ESTUARY HABITAT RESTORATION (6) ESTUARY HABITAT RESTORATION PROJECT.— creation of new public-private partnerships to PROJECTS.—An estuary habitat restoration The term ‘‘estuary habitat restoration project’’ carry out estuary habitat restoration projects; project shall be given a higher priority in receipt means an estuary habitat restoration activity and of funding under this title if, in addition to under consideration or selected by the Collabo- (ii) using Federal resources to encourage in- meeting the selection criteria specified in this rative Council, in accordance with this title, to creased private sector involvement in estuary section— receive financial, technical, or another form of habitat restoration activities; and (A) the estuary habitat restoration project is assistance. (C) ensure that the estuary habitat restoration part of an approved Federal estuary manage- (7) ESTUARY HABITAT RESTORATION STRAT- strategy is developed and will be implemented in ment or habitat restoration plan; EGY.—The term ‘‘estuary habitat restoration a manner that is consistent with the findings (B) the non-Federal share with respect to the strategy’’ means the estuary habitat restoration and requirements of Federal estuary manage- estuary habitat restoration project exceeds 50 strategy developed under section 105(a). ment or habitat restoration plans. percent; or (8) FEDERAL ESTUARY MANAGEMENT OR HABI- (3) ELEMENTS TO BE CONSIDERED.—Consistent (C) there is a program within the watershed of TAT RESTORATION PLAN.—The term ‘‘Federal es- with the requirements of this section, the Col- the estuary habitat restoration project that ad- tuary management or habitat restoration plan’’ laborative Council, in the development of the es- dresses sources of water pollution that would means any Federal plan for restoration of de- tuary habitat restoration strategy, shall con- otherwise re-impair the restored habitat. graded estuary habitat that— sider— (c) INTERIM ACTIONS.— (A) was developed by a public body with the (A) the contributions of estuary habitat to— (1) IN GENERAL.—Pending completion of the substantial participation of appropriate public (i) wildlife, including endangered and threat- estuary habitat restoration strategy developed and private stakeholders; and ened species, migratory birds, and resident spe- under subsection (a), the Collaborative Council (B) reflects a community-based planning proc- cies of an estuary watershed; may pay the Federal share of the cost of an in- ess. (ii) fish and shellfish, including commercial terim action to carry out an estuary habitat res- (9) SECRETARY.—The term ‘‘Secretary’’ means and sport fisheries; toration activity. the Secretary of the Army, or a designee. (iii) surface and ground water quality and (2) FEDERAL SHARE.—The Federal share shall (10) UNDER SECRETARY.—The term ‘‘Under quantity, and flood control; not exceed 25 percent. Secretary’’ means the Under Secretary for (iv) outdoor recreation; and (d) COOPERATION OF NON-FEDERAL PART- Oceans and Atmosphere of the Department of (v) other areas of concern that the Collabo- NERS.— Commerce, or a designee. rative Council determines to be appropriate for (1) IN GENERAL.—The Collaborative Council SEC. 104. ESTABLISHMENT OF COLLABORATIVE consideration; shall not select an estuary habitat restoration COUNCIL. (B) the estimated historic losses, estimated project until a non-Federal interest has entered (a) COLLABORATIVE COUNCIL.—There is estab- current rate of loss, and extent of the threat of into a written agreement with the Secretary in lished an interagency council to be known as future loss or degradation of each type of estu- which it agrees to provide the required non-Fed- the ‘‘Estuary Habitat Restoration Collaborative ary habitat; and eral cooperation for the project. Council’’. (C) the most appropriate method for selecting (2) NONPROFIT ENTITIES.—Notwithstanding (b) MEMBERSHIP.— a balance of smaller and larger estuary habitat section 221 of the Flood Control Act of 1970 (42 (1) IN GENERAL.—The Collaborative Council restoration projects. U.S.C. 1962d–5b(b)), for any project undertaken shall be composed of the Secretary, the Under (4) ADVICE.—The Collaborative Council shall under this section, the Secretary may, after co- Secretary, the Administrator of the Environ- seek advice in restoration of estuary habitat ordination with the official responsible for the October 14, 1998 CONGRESSIONAL RECORD — SENATE S12469 political jurisdiction in which a project would (A) data on the number of acres of estuary of estuary habitat as a primary mission of the occur, allow a nonprofit entity to serve as the habitat restored under this title, including the Army Corps of Engineers. non-Federal interest. number of projects approved and completed that (d) FEDERAL AGENCY FACILITIES AND PERSON- (3) MAINTENANCE AND MONITORING.—A co- comprise those acres; NEL.— operation agreement entered into under para- (B) the percentage of restored estuary habitat (1) IN GENERAL.—Federal agencies may co- graph (1) shall provide for maintenance and monitored under a plan to ensure that short- operate in carrying out scientific and other pro- monitoring of the estuary habitat restoration term and long-term restoration goals are grams necessary to carry out this title, and may project to the extent determined necessary by achieved; provide facilities and personnel, for the purpose the Collaborative Council. (C) an estimate of the long-term success of of assisting the Collaborative Council in carry- (e) LEAD COLLABORATIVE COUNCIL MEMBER.— varying restoration techniques used in carrying ing out its duties under this title. The Collaborative Council shall designate a lead out estuary habitat restoration projects; (2) REIMBURSEMENT FROM COLLABORATIVE Collaborative Council member for each proposed (D) a review of how the information described COUNCIL.—Federal agencies may accept reim- estuary habitat restoration project. The lead in subparagraphs (A) through (C) has been in- bursement from the Collaborative Council for Collaborative Council member shall have pri- corporated in the selection and implementation providing services, facilities, and personnel mary responsibility for overseeing and assisting of estuary habitat restoration projects; under paragraph (1). others in implementing the proposed project. (E) a review of efforts made to maintain an (e) ADMINISTRATIVE EXPENSES AND STAFF- (f) AGENCY CONSULTATION AND COORDINA- appropriate database of restoration projects ING.—Not later than 180 days after the date of TION.—In carrying out this section, the Collabo- funded under this title; and enactment of this title, the Comptroller General rative Council shall, as the Collaborative Coun- (F) a review of the measures taken to provide of the United States shall submit to Congress cil determines it to be necessary, consult with, the information described in subparagraphs (A) and the Secretary an analysis of the extent to cooperate with, and coordinate its activities through (C) to persons with responsibility for which the Collaborative Council needs addi- with the activities of other appropriate Federal assisting in the restoration of estuary habitat. tional personnel and administrative resources to agencies. SEC. 108. COOPERATIVE AGREEMENTS; MEMO- fully carry out its duties under this title. The (g) BENEFITS AND COSTS OF ESTUARY HABITAT RANDA OF UNDERSTANDING. analysis shall include recommendations regard- RESTORATION PROJECTS.—The Collaborative In carrying out this title, the Collaborative ing necessary additional funding. Council shall evaluate the benefits and costs of Council may— estuary habitat restoration projects in accord- TITLE II—CHESAPEAKE BAY AND OTHER (1) enter into cooperative agreements with ance with section 907 of the Water Resources REGIONAL INITIATIVES Federal, State, and local government agencies Development Act of 1986 (33 U.S.C. 2284). SEC. 201. CHESAPEAKE BAY. and other persons and entities; and (h) AUTHORIZATION OF APPROPRIATIONS.— Section 117 of the Federal Water Pollution (2) execute such memoranda of understanding There is authorized to be appropriated to the Control Act (33 U.S.C. 1267) is amended to read as are necessary to reflect the agreements. Department of the Army for the administration as follows: SEC. 109. DISTRIBUTION OF APPROPRIATIONS and operation of the Collaborative Council ‘‘SEC. 117. CHESAPEAKE BAY. $4,000,000 for each of fiscal years 1999 through FOR ESTUARY HABITAT RESTORA- TION ACTIVITIES. ‘‘(a) DEFINITIONS.—In this section: 2003. The Secretary shall allocate funds made avail- ‘‘(1) CHESAPEAKE BAY AGREEMENT.—The term SEC. 106. COST SHARING OF ESTUARY HABITAT able to carry out this title based on the need for ‘Chesapeake Bay Agreement’ means the formal, RESTORATION PROJECTS. the funds and such other factors as are deter- voluntary agreements, amendments, directives, (a) IN GENERAL.—No financial assistance in mined to be appropriate to carry out this title. and adoption statements executed to achieve the carrying out an estuary habitat restoration goal of restoring and protecting the Chesapeake SEC. 110. AUTHORIZATION OF APPROPRIATIONS. project shall be available under this title from Bay ecosystem and the living resources of the (a) AUTHORIZATION OF APPROPRIATIONS any Federal agency unless the non-Federal ap- ecosystem and signed by the Chesapeake Execu- UNDER OTHER LAW.—Funds authorized to be plicant for assistance demonstrates that the es- tive Council. appropriated under section 908 of the Water Re- tuary habitat restoration project meets— ‘‘(2) CHESAPEAKE BAY PROGRAM.—The term sources Development Act of 1986 (33 U.S.C. 2285) (1) the requirements of this title; and ‘Chesapeake Bay Program’ means the program (2) any criteria established by the Collabo- and section 206 of the Water Resources Develop- directed by the Chesapeake Executive Council in rative Council under this title. ment Act of 1996 (33 U.S.C. 2330) may be used by accordance with the Chesapeake Bay Agree- (b) FEDERAL SHARE.—The Federal share of the the Secretary in accordance with this title to as- ment. cost of an estuary habitat restoration and pro- sist States and other non-Federal persons in ‘‘(3) CHESAPEAKE BAY WATERSHED.—The term tection project assisted under this title shall be carrying out estuary habitat restoration projects ‘Chesapeake Bay watershed’ shall have the not more than 65 percent. or interim actions under section 105(c). meaning determined by the Administrator. (c) NON-FEDERAL SHARE.—The non-Federal (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) CHESAPEAKE EXECUTIVE COUNCIL.—The share of the cost of an estuary habitat restora- There are authorized to be appropriated to the tion project may be provided in the form of land, term ‘Chesapeake Executive Council’ means the Secretary to carry out estuary habitat restora- signatories to the Chesapeake Bay Agreement. easements, rights-of-way, services, or any other tion activities— form of in-kind contribution determined by the ‘‘(5) SIGNATORY JURISDICTION.—The term ‘sig- (1) $40,000,000 for fiscal year 1999; natory jurisdiction’ means a jurisdiction of a Collaborative Council to be an appropriate con- (2) $50,000,000 for fiscal year 2000; and signatory to the Chesapeake Bay Agreement. tribution equivalent to the monetary amount re- (3) $75,000,000 for each of fiscal years 2001 ‘‘(b) CONTINUATION OF CHESAPEAKE BAY PRO- quired for the non-Federal share of the estuary through 2003. GRAM.— habitat restoration project. SEC. 111. NATIONAL ESTUARY PROGRAM. ‘‘(1) IN GENERAL.—In cooperation with the (d) ALLOCATION OF FUNDS BY STATES TO PO- (a) GRANTS FOR COMPREHENSIVE CONSERVA- Chesapeake Executive Council (and as a member LITICAL SUBDIVISIONS.—With the approval of TION AND MANAGEMENT PLANS.—Section of the Council), the Administrator shall con- the Secretary, a State may allocate to any local 320(g)(2) of the Federal Water Pollution Control government, area-wide agency designated under tinue the Chesapeake Bay Program. Act (33 U.S.C. 1330(g)(2)) is amended by insert- ‘‘(2) PROGRAM OFFICE.—The Administrator section 204 of the Demonstration Cities and Met- ing ‘‘and implementation’’ after ‘‘development’’. ropolitan Development Act of 1966 (42 U.S.C. shall maintain in the Environmental Protection (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- Agency a Chesapeake Bay Program Office. The 3334), regional agency, or interstate agency, a tion 320(i) of the Federal Water Pollution Con- portion of any funds disbursed in accordance Chesapeake Bay Program Office shall provide trol Act (33 U.S.C. 1330(i)) is amended by strik- support to the Chesapeake Executive Council with this title for the purpose of carrying out an ing ‘‘1987’’ and all that follows through ‘‘1991’’ estuary habitat restoration project. by— and inserting the following: ‘‘1987 through 1991, ‘‘(A) implementing and coordinating science, SEC. 107. MONITORING AND MAINTENANCE OF such sums as may be necessary for fiscal years research, modeling, support services, monitor- ESTUARY HABITAT RESTORATION 1992 through 1998, and $25,000,000 for each of PROJECTS. ing, data collection, and other activities that fiscal years 1999 and 2000’’. (a) DATABASE OF RESTORATION PROJECT IN- support the Chesapeake Bay Program; FORMATION.—The Under Secretary shall main- SEC. 112. GENERAL PROVISIONS. ‘‘(B) developing and making available, tain an appropriate database of information (a) ADDITIONAL AUTHORITY FOR ARMY CORPS through publications, technical assistance, and concerning estuary habitat restoration projects OF ENGINEERS.—The Secretary— other appropriate means, information pertaining funded under this title, including information (1) may carry out estuary habitat restoration to the environmental quality and living re- on project techniques, project completion, mon- projects in accordance with this title; and sources of the Chesapeake Bay; itoring data, and other relevant information. (2) shall give estuary habitat restoration ‘‘(C) assisting the signatories to the Chesa- (b) REPORT.— projects the same consideration as projects relat- peake Bay Agreement, in cooperation with ap- (1) IN GENERAL.—The Collaborative Council ing to irrigation, navigation, or flood control. propriate Federal, State, and local authorities, shall biennially submit a report to the Commit- (b) INAPPLICABILITY OF CERTAIN LAW.—Sec- in developing and implementing specific action tee on Environment and Public Works of the tions 203, 204, and 205 of the Water Resources plans to carry out the responsibilities of the sig- Senate and the Committee on Transportation Development Act of 1986 (33 U.S.C. 2231, 2232, natories to the Chesapeake Bay Agreement; and Infrastructure of the House of Representa- and 2233) shall not apply to an estuary habitat ‘‘(D) coordinating the actions of the Environ- tives on the results of activities carried out restoration project selected in accordance with mental Protection Agency with the actions of under this title. this title. the appropriate officials of other Federal agen- (2) CONTENTS OF REPORT.—A report under (c) ESTUARY HABITAT RESTORATION MIS- cies and State and local authorities in develop- paragraph (1) shall include— SION.—The Secretary shall establish restoration ing strategies to— S12470 CONGRESSIONAL RECORD — SENATE October 14, 1998 ‘‘(i) improve the water quality and living re- costs of implementing the management mecha- ‘‘(2) assess the priority needs required by the sources of the Chesapeake Bay; and nisms during the fiscal year. management strategies and the extent to which ‘‘(ii) obtain the support of the appropriate of- ‘‘(5) NON-FEDERAL SHARE.—An implementa- the priority needs are being met; ficials of the agencies and authorities in achiev- tion grant under this subsection shall be made ‘‘(3) assess the effects of air pollution deposi- ing the objectives of the Chesapeake Bay Agree- on the condition that non-Federal sources pro- tion on water quality of the Chesapeake Bay; ment; and vide the remainder of the costs of implementing ‘‘(4) assess the state of the Chesapeake Bay ‘‘(E) implementing outreach programs for pub- the management mechanisms during the fiscal and its tributaries and related actions of the lic information, education, and participation to year. Chesapeake Bay Program; foster stewardship of the resources of the Chesa- ‘‘(6) ADMINISTRATIVE COSTS.—Administrative ‘‘(5) make recommendations for the improved peake Bay. costs (including salaries, overhead, and indirect management of the Chesapeake Bay Program; ‘‘(c) INTERAGENCY AGREEMENTS.—The Admin- costs for services provided and charged against and istrator may enter into an interagency agree- projects supported by funds made available ‘‘(6) provide the report in a format transfer- ment with a Federal agency to carry out this under this subsection) incurred by a signatory able to and usable by other watershed restora- section. jurisdiction in carrying out a project under this tion programs. ‘‘(d) TECHNICAL ASSISTANCE AND ASSISTANCE subsection during a fiscal year shall not exceed ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— GRANTS.— 10 percent of the grant made to the jurisdiction There is authorized to be appropriated to carry ‘‘(1) IN GENERAL.—In consultation with other under this subsection for the fiscal year. out this section $30,000,000 for each of fiscal members of the Chesapeake Executive Council, ‘‘(f) COMPLIANCE OF FEDERAL FACILITIES.— years 1999 through 2003.’’. ‘‘(1) SUBWATERSHED PLANNING AND RESTORA- the Administrator may provide technical assist- SEC. 202. CHESAPEAKE BAY GATEWAYS AND ance, and assistance grants, to nonprofit private TION.—A Federal agency that owns or operates WATERTRAILS. a facility (as defined by the Administrator) organizations and individuals, State and local (a) CHESAPEAKE BAY GATEWAYS AND within the Chesapeake Bay watershed shall governments, colleges, universities, and inter- WATERTRAILS NETWORK.— participate in regional and subwatershed plan- state agencies to carry out this section, subject (1) IN GENERAL.—The Secretary of the Interior to such terms and conditions as the Adminis- ning and restoration programs. (referred to in this section as the ‘‘Secretary’’), ‘‘(2) COMPLIANCE WITH AGREEMENT.—The trator considers appropriate. in cooperation with the Administrator of the head of each Federal agency that owns or occu- ‘‘(2) FEDERAL SHARE.— Environmental Agency (referred to in this sec- pies real property in the Chesapeake Bay water- ‘‘(A) IN GENERAL.—Except as provided in sub- tion as the ‘‘Administrator’’), shall provide tech- shed shall ensure that the property, and actions paragraph (B), the Federal share of an assist- nical and financial assistance, in cooperation taken by the agency with respect to the prop- ance grant provided under paragraph (1) shall with other Federal agencies, State and local erty, comply with the Chesapeake Bay Agree- be determined by the Administrator in accord- governments, nonprofit organizations, and the ment. ance with Environmental Protection Agency private sector— ‘‘(g) CHESAPEAKE BAY WATERSHED, TRIBU- guidance. (A) to identify, conserve, restore, and inter- ‘‘(B) SMALL WATERSHED GRANTS PROGRAM.— TARY, AND RIVER BASIN PROGRAM.— ‘‘(1) NUTRIENT AND WATER QUALITY MANAGE- pret natural, recreational, historical, and cul- The Federal share of an assistance grant pro- MENT STRATEGIES.—Not later than 1 year after tural resources within the Chesapeake Bay Wa- vided under paragraph (1) to carry out an im- the date of enactment of this subsection, the Ad- tershed; plementing activity under subsection (g)(2) shall ministrator, in consultation with other members (B) to identify and utilize the collective re- not exceed 75 percent of eligible project costs, as of the Chesapeake Executive Council, shall en- sources as Chesapeake Bay Gateways sites for determined by the Administrator. sure that management plans are developed and enhancing public education of and access to the ‘‘(3) NON-FEDERAL SHARE.—An assistance implementation is begun by signatories to the Chesapeake Bay; grant under paragraph (1) shall be provided on (C) to link the Chesapeake Bay Gateways the condition that non-Federal sources provide Chesapeake Bay Agreement for the tributaries of the Chesapeake Bay to achieve and main- sites with trails, tour roads, scenic byways, and the remainder of eligible project costs, as deter- other connections as determined by the Sec- mined by the Administrator. tain— ‘‘(A) the nutrient goals of the Chesapeake retary; ‘‘(4) ADMINISTRATIVE COSTS.—Administrative Bay Agreement for the quantity of nitrogen and (D) to develop and establish Chesapeake Bay costs (including salaries, overhead, and indirect phosphorus entering the main stem Chesapeake Watertrails comprising water routes and connec- costs for services provided and charged against Bay; tions to Chesapeake Bay Gateways sites and projects supported by funds made available ‘‘(B) the water quality requirements necessary other land resources within the Chesapeake Bay under this subsection) incurred by a person de- to restore living resources in both the tributaries Watershed; and scribed in paragraph (1) in carrying out a and the main stem of the Chesapeake Bay; (E) to create a network of Chesapeake Bay project under this subsection during a fiscal ‘‘(C) the Chesapeake Bay basinwide toxics re- Gateways sites and Chesapeake Bay year shall not exceed 10 percent of the grant duction and prevention strategy goal of reduc- Watertrails. made to the person under this subsection for the ing or eliminating the input of chemical con- (2) COMPONENTS.—Components of the Chesa- fiscal year. taminants from all controllable sources to levels peake Bay Gateways and Watertrails Network ‘‘(e) IMPLEMENTATION GRANTS.— that result in no toxic or bioaccumulative im- may include— ‘‘(1) IN GENERAL.—If a signatory jurisdiction pact on the living resources that inhabit the (A) State or Federal parks or refuges; has approved and committed to implement all or Bay or on human health; and (B) historic seaports; substantially all aspects of the Chesapeake Bay ‘‘(D) habitat restoration, protection, and en- (C) archaeological, cultural, historical, or rec- Agreement, on the request of the chief executive hancement goals established by Chesapeake Bay reational sites; or of the jurisdiction, the Administrator shall make Agreement signatories for wetlands, forest ripar- (D) other public access and interpretive sites a grant to the jurisdiction for the purpose of im- ian zones, and other types of habitat associated as selected by the Secretary. plementing the management mechanisms estab- with the Chesapeake Bay and the tributaries of (b) CHESAPEAKE BAY GATEWAYS GRANTS AS- lished under the Chesapeake Bay Agreement, the Chesapeake Bay. SISTANCE PROGRAM.— subject to such terms and conditions as the Ad- ‘‘(2) SMALL WATERSHED GRANTS PROGRAM.— (1) IN GENERAL.—The Secretary, in coopera- ministrator considers appropriate. The Administrator, in consultation with other tion with the Administrator, shall establish a ‘‘(2) PROPOSALS.—A signatory jurisdiction de- members of the Chesapeake Executive Council, Chesapeake Bay Gateways Grants Assistance scribed in paragraph (1) may apply for a grant may offer the technical assistance and assist- Program to aid State and local governments, under this subsection for a fiscal year by sub- ance grants authorized under subsection (d) to local communities, nonprofit organizations, and mitting to the Administrator a comprehensive local governments and nonprofit private organi- the private sector in conserving, restoring, and proposal to implement management mechanisms zations and individuals in the Chesapeake Bay interpreting important historic, cultural, rec- established under the Chesapeake Bay Agree- watershed to implement— reational, and natural resources within the ment. The proposal shall include— ‘‘(A) cooperative tributary basin strategies Chesapeake Bay Watershed. ‘‘(A) a description of proposed management that address the Chesapeake Bay’s water qual- (2) CRITERIA.—The Secretary, in cooperation mechanisms that the jurisdiction commits to ity and living resource needs; or with the Administrator, shall develop appro- take within a specified time period, such as re- ‘‘(B) locally based protection and restoration priate eligibility, prioritization, and review cri- ducing or preventing pollution in the Chesa- programs or projects within a watershed that teria for grants under this section. peake Bay and to meet applicable water quality complement the tributary basin strategies. (3) MATCHING FUNDS AND ADMINISTRATIVE EX- standards; and ‘‘(h) STUDY OF CHESAPEAKE BAY PROGRAM.— PENSES.—A grant under this section— ‘‘(B) the estimated cost of the actions pro- Not later than December 31, 2000, and every 3 (A) shall not exceed 50 percent of eligible posed to be taken during the fiscal year. years thereafter, the Administrator, in coopera- project costs; ‘‘(3) APPROVAL.—If the Administrator finds tion with other members of the Chesapeake Ex- (B) shall be made on the condition that non- that the proposal is consistent with the Chesa- ecutive Council, shall complete a study and sub- Federal sources, including in-kind contributions peake Bay Agreement and the national goals es- mit a comprehensive report to Congress on the of services or materials, provide the remainder of tablished under section 101(a), the Adminis- results of the study. The study and report shall, eligible project costs; and trator may approve the proposal for a fiscal at a minimum— (C) shall be made on the condition that not year. ‘‘(1) assess the commitments and goals of the more than 10 percent of all eligible project costs ‘‘(4) FEDERAL SHARE.—The Federal share of management strategies established under the be used for administrative expenses. an implementation grant provided under this Chesapeake Bay Agreement and the extent to (c) AUTHORIZATION OF APPROPRIATIONS.— subsection shall not exceed 50 percent of the which the commitments and goals are being met; There is authorized to be appropriated to carry October 14, 1998 CONGRESSIONAL RECORD — SENATE S12471 out this section $3,000,000 for each of fiscal to protect and restore our nations’ es- each year. The number of residents in years 1999 through 2003. tuaries. this region is expected to increase by 24 SEC. 203. PFIESTERIA AND OTHER AQUATIC TOX- The Florida coastline boasts some of percent between 1995 and 2005, increas- INS RESEARCH AND GRANT PRO- the richest estuarine areas in the GRAM. ing stress on this fragile system. Dr. world. These brackish waters, with (a) IN GENERAL.—The Administrator of the Milon indicated that recreational fish- Environmental Protection Agency, the Secretary their mangrove forests and seagrass ing contributes approximately $340 mil- of Commerce (acting through the Director of the beds, provide an irreplaceable link in lion per year to the local economy; National Marine Fisheries Service of the Na- the life cycle of many species, both ma- swimming, boating, water sports, and tional Oceanic and Atmospheric Administra- rine and terrestrial. Florida’s commer- nature observation activities contrib- tion), the Secretary of Health and Human Serv- cial fishing industry relies on these es- ute approximately $287 million each ices (acting through the Director of the National tuaries because they support the nurs- year; commercial fishing of clams, oys- Institute of Environmental Health Sciences and eries for the most commercially har- the Director of the Centers for Disease Control ters, and crabs contributed nearly $13 vested fish. million annually; and residential land and Prevention), and the Secretary of Agri- Today, many of Florida’s estuaries culture shall— values were enhanced by approxi- (1) establish a research program for the eradi- have been damaged from the impacts of mately $825 million or an annual value cation or control of Pfiesteria piscicida and increased development, non-point of $33 million. The lagoon is estimated other aquatic toxins; and source pollution, and increased nutri- to bring more than $725 million to the (2) make grants to colleges, universities, and ent loads. Four of Florida’s estuaries local economy each year. other entities in affected States for the eradi- are currently a part of the National Es- Together, the provisions of the origi- cation or control of Pfiesteria piscicida and tuary Program (NEP)—Sarasota Bay, nal S. 1222 and S. 1321 will provide au- other aquatic toxins. Indian River Lagoon, Tampa Bay, and (b) AUTHORIZATION OF APPROPRIATIONS.— thorization for much needed funding to There is authorized to be appropriated to carry Charlotte Harbor. The NEP is charged be used for execution of these imple- out this section $5,000,000 for each of fiscal with the responsibility of addressing mentation plans. By establishing the years 1999 and 2000. point and not-point sources of pollu- concrete goal of restoring 1,000,000 SEC. 204. LONG ISLAND SOUND. tion in addition to restoring and main- acres of estuary habitat by 2010 and Section 119(e) of the Federal Water Pollution taining the chemical, physical, and bi- providing a mechanism to achieve this Control Act (33 U.S.C. 1269(e)) is amended— ological integrity and maximizing the goal, the Estuary Habitat Restoration (1) in paragraph (1), by striking ‘‘1991 ecological and economic productivity Partnership Act of 1998 will energize through 2001’’ and inserting ‘‘1999 through of our nation’s estuaries. The NEP has existing local estuary programs to 2003’’; and been working over the last twelve (2) in paragraph (2), by striking ‘‘not to ex- make forward progress on habitat res- ceed $3,000,000 for each of the fiscal years 1991 years to develop implementation plans toration. I am particularly pleased through 2001’’ and inserting ‘‘$10,000,000 for for the 28 estuaries in the program that that provisions exist in today’s version each of fiscal years 1999 through 2003’’. will achieve these goals. In testimony of S. 1222 to provide funding priority AMENDMENT NO. 3824 before the Appropriations Subcommit- for those estuary habitat restoration (Purpose: To authorize appropriations for tee on the VA–HUD and Independent projects that are part of an approved the National Environmental Waste Tech- Agencies, the Association of National Federal estuary management or habi- nology Testing and Evaluation Center) Estuary Programs testified that today, tat restoration plan. Mr. CRAIG. Mr. President, Senator 17 of the NEP estuaries are in the im- Today’s version of S. 1222 has incor- BAUCUS has an amendment at the desk, plementation phase of their programs porated S. 1321, which reauthorizes the and I ask for its immediate consider- and it is anticipated that by 1999 the NEP to continue developing and imple- ation. entire national program will have menting estuary restoration plans. The PRESIDING OFFICER. The reached the implementation phase. However, there are some modifications clerk will report. Three of the four Florida estuaries in to the original language that Senator The assistant legislative clerk read this program have reached the imple- TORRICELLI introduced, including a re- as follows: mentation phase of their restoration duction of the funding levels by 50 per- The Senator from Idaho [Mr. CRAIG], for plans. The Sarasota Bay National Es- cent and the length of the authoriza- Mr. BAUCUS, for himself and Mr. BURNS, pro- tuary Program began in 1988. It identi- tion from 5 years to 2. I understand poses an amendment numbered 3824. fied several key focus areas for restora- that one of the items on the agenda in The amendment is as follows: tion: reducing nitrogen pollution to in- the Environment and Public Works At the appropriate place, insert the follow- crease sea grass coverage; constructing Committee for next year is to reau- ing: salt water wetlands; and building arti- thorize the Clean Water Act which will SEC. . NATIONAL ENVIRONMENTAL WASTE ficial reefs specifically for juvenile fish provide an excellent opportunity to ex- TECHNOLOGY TESTING AND EVAL- habitat. Since 1988, nitrogen pollution tend the NEP authorization. I look for- UATION CENTER. to the Bay has been reduced by 28–38 ward to this critical project for the En- (a) IN GENERAL.—The Administrator of the percent, with approximately 22 percent vironment and Public Works Commit- Environmental Protection Agency is author- of the lost sea grasses and 6 percent of tee. ized to provide financial assistance to the National Environmental Waste Technology the lost salt water wetlands being re- Together, the provisions of today’s Testing and Evaluation Center in Butte, stored. It is estimated that Sarasota Estuary Habitat Restoration Partner- Montana. Bay now supports an additional 49 mil- ship Act of 1998 will provide much (b) AUTHORIZATION OF APPROPRIATIONS.— lion fish, 33 million crabs, and 150 mil- needed support to estuary restoration There is authorized to be appropriated to lion shrimp than it supported 10 years efforts in the state of Florida and carry out this section $10,000,000 for each of ago. throughout the nation. fiscal years 1998 through 2002. The continuation of our success is es- In addition to the provisions pertain- Mr. GRAHAM. Mr. President, I would sential to the state of Florida. As I ing to our Nation’s estuaries, today’s like to express my support of S. 1222, mentioned, our estuarine systems are version of S. 1222 also includes provi- the Estuary Habitat Restoration Part- home to marine and terrestrial species sions of a bill introduced by Senator nership Act of 1998 which we are about that form the cornerstone of critical FAIRCLOTH, S. 1219, the Pfisteria Re- to pass. I am co-sponsor of the original natural habitats. They also are ex- search Act. Earlier this year in the In- version of this bill, and I am also a co- tremely valuable to the state’s econ- dian River Lagoon area, the estuary sponsor of S. 1321, introduced by Sen- omy. For example, as Professor Walter system had several outbreaks of ator TORRICELLI of New Jersey, which Milon of the University of Florida tes- pfisteria-like disease. This was attrib- reauthorizes and provides funding for tified on July 9 before the Environment uted by some to be caused by outbreak the National Estuary Program. A and Public Works Committee, the In- of toxic organisms due to increased nu- modified version of S. 1321 is included dian River Lagoon estuary stretches trient loading in the estuary waters. In in the version of S. 1222 that we are re- 156 miles along Florida’s east coast, 1996, a ‘‘red tide’’ caused by algal viewing today. The Estuary Habitat covering five counties which are home bloom was believed to have caused the Restoration Partnership Act of 1998 to more than 1 million permanent resi- death of 151 manatees off the southwest will invigorate our existing programs dents and more than 6 million visitors coast of Florida. The research program S12472 CONGRESSIONAL RECORD — SENATE October 14, 1998 included in today’s version of S. 1222 lem facing many communities around produce, have been reduced to 15 out of authorizes research into the eradi- the nation. Estuary habitat not only the original 50. In 1996, 36,000 acres of cation or control of pfisteria and other cleans the water, but can also store shellfish beds were permanently closed toxins—an action that will provide large volumes of water and minimize or harvest restricted due to pathogen vital information that may be used to the damage caused by flooding. Fi- contamination. These declines in habi- prevent future occurrences of aquatic nally, esturine wetlands and barrier is- tat have contributed to the near col- toxin outbreaks. lands also serve as buffer zones for lapse of many Narragansett Bay fish- I am pleased to offer my support of S. coastal areas, reducing erosion and eries in the past 20 years, and the loss 1222, the Estuary Habitat Partnership storm damage. of millions of dollars in revenue. Restoration Act of 1998. While these biological, economic, The problems facing Narragansett Mr. CHAFEE. Mr. President, I rise health and safety benefits help to illus- Bay are not unique to Rhode Island. today in support of S. 1222 the Estuary trate the immense value of estuary The decline of estuaries is a national Habitat Restoration Partnership Act of habitat, I still believe they fail to pro- tragedy. According to the EPA’s Na- 1998. This bill is the culmination of ef- vide a complete picture. Estuaries have tional Water Quality Inventory, 38 per- forts by Senators BREAUX, FAIRCLOTH, a spiritual and symbolic importance, cent of the surveyed estuarine square SARBANES, TORRICELLI, and myself to demonstrated by the close connection miles are impaired for one or more address the serious problems facing our between neighboring communities and uses. From colonial times to the Nation’s estuaries. I would like to the bays and sounds. The executive di- present, over 55 million acres of coastal thank each of my colleagues for their rector of the Providence Rhode Island wetlands in the continental United diligent work. I would also like to ex- Save the Bay Inc., H. Curtis Spalding, States have been destroyed. Recent press my appreciation toward the 26 co- captured this feeling when he testified population growth in coastal areas has sponsors who also support the bill. that: resulted in extensive loss of estuary Such strong bipartisan support is a tes- Narragansett Bay is our home. Even if we habitat. San Francisco Bay in Califor- tament to the extent and severity of live miles from its shores, it is part of what nia has lost 95 percent of its original the problems facing estuaries, and the makes Rhode Island special. The bay is our tidal wetlands, and Galveston Bay in need for action to restore estuary habi- life line, it nourishes our environment, Texas has lost 85 percent of its original tat. strengthens our economy, enhances our lei- sea grass meadows. Almost half of the I believe that in order to understand sure time, and protects our children’s future. U.S. population now lives in coastal the necessity of this bill, one has to re- Tragically, this life line is unravel- areas, and the rate of population alize the immense value of estuaries ing. Commercial and residential devel- growth in coastal areas is three times and estuary habitat. Estuaries are opment are resulting in the physical that of noncoastal areas. As America’s formed by the mixing of salt water destruction of many estuaries from coastal population increases, so will from the ocean and fresh water from dredging, draining, bulldozing and pav- the pressures placed upon coastal wa- rivers and streams. Commonly known ing. Invasive, alien plant species have ters and estuaries. as bays, lagoons, and sounds, these displaced native plants and overgrown In response to the grave threats fac- water bodies and their surrounding estuary systems. Restricted tidal flow ing our estuaries, the Estuary Habitat wetlands provide some of the most eco- and freshwater diversions interfere Restoration Partnership Act of 1998 logically and economically productive with tidal action, impairing the natu- seeks to both preserve and restore habitat in the world. Many different ral cleansing of the bay and harming these ecological treasures. The bill sets plants, waterfowl, fish and wildlife important fisheries. a national goal to restore one million make their home in estuaries. In fact, Elevated levels of toxics have also acres of estuary habitat by the year more than half of the neo-tropical mi- been detected in estuary sediments, 2010. In support of this goal, $315 mil- gratory birds in the United States and water, and animals. Many of these sub- lion for fiscal years 1999 through 2003 a large number of endangered and stances undergo ‘‘bioaccumulation,’’ a will be authorized to carry out estuary threatened species depend upon estu- process by which toxics from the envi- habitat restoration projects. Given the aries for their survival. ronment become concentrated in the large scope of our mission, simply This high productivity also gives es- tissue of living animals. Bioaccumula- handing out money will not solve the tuaries great economic importance. 75 tion of toxics into seafood can pose a problem. We must maximize the envi- percent of the commercial fish and serious risk to human health. ronmental benefit obtained from each shellfish catch and 80 to 90 percent of Nutrient pollution from a variety of dollar spent. By emphasizing coordina- the recreational fish catch are depend- sources disrupts aquatic life by con- tion, cooperation and implementation, ent upon estuaries for their survival. tributing to an overabundance of algae, the bill ensures that we make the most The commercial industry contributes lox oxygen levels, and massive fish out of limited Federal resources. $111 billion per year to the national kills. Disease causing microorganisms The key to the efficient use of funds economy. Tourism is another key seg- from animal and human waste con- is improved coordination. The bill es- ment of the economy supported by es- taminate productive shellfish beds and tablishes an interagency Collaborative tuaries. In 1993, 180 million Americans, recreational beach waters, necessitat- Council to facilitate coordination be- approximately 70 percent of the U.S. ing shellfish bed and beach closings. tween Federal, State, and local pro- population, visited estuaries to fish, A recent and ominous development is grams. The council will be composed of swim, hunt, dive, view wildlife, bike, the transformation of naturally occur- the Secretary of the Army, acting and learn. In total, approximately 28 ring microorganisms from benign to through the Army Corps of Engineers, million jobs are generated by commer- toxic forms. A specific example is the Under Secretary of the National cial fishing tourism, and other indus- Pfiesteria piscicida. Massive fish kills Oceanic and Atmospheric Administra- tries based near estuaries and other in Maryland, Virginia, and North Caro- tion, the Administrator of the Environ- coastal waters. lina have been traced to the emergence mental Protection Agency and the Sec- The wetlands, marshlands, and grass- of a new, predatory form of Pfiesteria. retary of the Interior, acting through lands that surround estuaries also pro- This new form actively injects toxins the Fish and Wildlife Service. The vide important help and safety bene- into fish and may have the potential to Army Corps of Engineers, due to its ex- fits. These areas improve water quality harm human health. pertise in engineering and manage- by filtering terrestrial pollutants be- The impact of these problems on Nar- ment, will chair the council. fore they can contaminate shellfish ragansett Bay is painfully apparent. The council, in consultation with beds and coastal waters. Doctor J. Eel grass beds have declined from thou- State, tribal, and local governments as Easly, a natural resource economist at sands of acres to roughly 100 acres. well as nongovernmental entities, will North Carolina State University, cal- Salt marsh acreage has been reduced develop a national strategy for habitat culates that one acre of tidal estuary by half, and all of the remaining restoration. One of the primary goals has the pollutant filtering and removal marshland needs some level of restora- of this strategy will be to prevent over- capabilities of a $115,000 waste treat- tion. Fish runs, the freshwater rivers lap between programs and insure the ment plant. Flooding is serious prob- and streams needed by many fish to re- efficient utilization of resources. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12473 The Collaborative Council will also as a National Estuaries. Federal money Sound. A comprehensive conservation disperse funds to assist community is then provided to State and local gov- and management plan has already been groups and other non-Federal entities ernments to develop comprehensive developed for this important ecological in developing and implementing estu- conservation and management plans. resource. Over the next 15 years, the ary restoration projects. Applicants To date, 28 conservation plans have Long Island sound conservation plan will be required to obtain approval of been prepared for designated estuaries. calls for a reduction in the amount of State or local agencies, where such ap- While this program has achieved re- nutrients reaching the sound by 60 per- proval is appropriate, to prevent con- markable results, the law currently re- cent. The plan also sets a goal of re- flict with local and regional manage- stricts EPA to only funding the devel- storing 2,000 acres of coastal habitat ment strategies. The Collaborative opment of plans, not their implementa- and 100 miles of river used by migra- Council will select estuary habitat res- tion. This bill will amend the National tory fishes. In support of these impor- toration projects to receive Federal Estuary Program to allow the EPA to tant efforts, the act will authorize $10 funding. The criteria used to select support both the development and im- million for each of fiscal years 1999 projects will encourage and emphasize plementation of conservation plans, through 2003 to implement this plan. several factors. Priority will be given and will authorize $25 million for each Finally, this bill will address the to the projects implementing approved of fiscal years 1999 and 2000. It is impor- threat that pfiesteria piscicida poses to Federal estuary management restora- tant to note that while the Federal the Nation’s waterways. The first toxic tion plans, and projects with monitor- Government will increase its support outbreak occurred in North Carolina in ing plans to ensure that restoration for this valuable program, the primary the late 1980’s. In recent years, toxic goals are achieved and sources of pollu- responsibility for the implementation outbreaks have occurred in tributaries tion that would otherwise re-impair of conservation plans will rest with leading into the Chesapeake Bay. The State and local governments. the restored habitat are addressed. The act will authorize $5 million for each of Key provisions of the bill will also Council will also consider the quantity fiscal years 1999 and 2000 to establish and quality of habitat restored in rela- continue and expand existing pro- grams. The Chesapeake Bay Program an interagency research program for tion to the economic cost of the the eradication or control of pfiesteria project. has become a model for other estuary restoration and protection programs and other aquatic toxins. In order to maximize the benefit of When evaluating this bill, I believe it limited Federal resources, and encour- around the world. EPA‘s Chesapeake Bay Program office will continue its is important to focus on what the bill age partnerships between Federal and does, and does not, do. The bill does non-Federal entities, the act will es- leadership and technology transfer to other groups participating in the Na- not impose mandates. The bill does not tablish a Federal cost-sharing require- tional Estuary Program. The Chesa- create more regulations. And the bill ment. The Federal portion of a restora- peake Bay Program commits States in does not require the Federal Govern- tion project will not exceed 65 percent the bay and the Federal Government to ment to foot the entire bill for estuary of the total costs, and priority will be reducing the level of nutrients in the restoration. What the bill does is pro- given to applications that minimize bay and addressing other key issues in vide incentives for States, tribes, local the Federal contribution to the natural resources, water quality, popu- governments, and other interested par- project. The cost-sharing provision of lation growth, and public access. The ties to enter into partnerships with the the act will preserve the essential role bill will authorize $30 million for each Federal Government for environmental of the Federal Government in support- of fiscal years 1999 through 2003 to help preservation. This bill builds upon ing estuary restoration, while high- achieve these goals. The money will be years of planning and focuses on action lighting the importance of regional and distributed as implementation grants and implementation at the local level, local involvement. Successful restora- to signatory jurisdictions, and as tech- by encouraging communities and indi- tion efforts depend upon cooperation nical assistance grants to nonprofit viduals to become involved in estuary between public and private sectors. By private organizations and individuals, restoration. In short, the bill is a sim- distributing the costs of conservation State, and local governments, and ple and direct approach to preserving and restoration, the act will reaffirm interstate agencies. Signatory jurisdic- and restoring some of our Nation’s the importance of States, tribes, local tions will also be required to update, most valuable natural resources. By communities, and concerned parties in expand, and begin implementing their passing this legislation, we are making preserving their natural heritage and tributary specific management strate- a responsible investment in our Na- resources. gies. EPA will also be provided with tion’s natural and economic future. Mr. Monitoring and evaluation is a key new authority to ensure that Federal President, I yield the floor. provision of the bill. The Under Sec- facilities in the watershed participate Mr. CRAIG. Mr. President, I ask retary of Oceans and Atmosphere will in the Chesapeake Bay Program and unanimous consent that the amend- maintain a data base of restoration contribute to local efforts to restore ment be agreed to, the substitute projects to ensure that available infor- and protect the bay. amendment be agreed to, the bill be mation will be continually incor- Another positive change in the pro- considered read the third time and porated into habitat restoration gram will be the addition of the Chesa- passed, the motion to reconsider be projects. In addition to maintaining a peake Bay gateways and watertrails laid upon the table, and that any state- database, the Council will publish a re- network. The network will consist of ments relating to the bill be printed in port to Congress detailing the progress important natural, cultural, historical the RECORD. made under the act. This report will and recreational resources linked to- The amendment (No. 3824) was agreed allow for an assessment of the suc- gether in a manner that enhances pub- to. cesses and failures of current manage- lic education and access to the bay. The committee substitute, as amend- ment strategies, with the goal of con- The act will authorize $3 million for ed, was agreed to. tinually improving restoration efforts. each of fiscal years 1999 through 2003 in The bill (S. 1222), as amended, was This legislation will also amend the matching grants for bay conservation read the third time and passed, as fol- National Estuary Program provision of and restoration. The Department of the lows: the Clean Water Act to emphasize im- Interior, in cooperation with the EPA, S. 1222 plementation and action as well as will identify ecologically or culturally planning. The National Estuary Pro- Be it enacted by the Senate and House of Rep- significant areas of the bay and des- resentatives of the United States of America in gram was established by the 1988 ignate these resources as Chesapeake Congress assembled, amendments to the Clean Water Act. Bay gateway sites. These agencies will SECTION 1. SHORT TITLE; TABLE OF CONTENTS. The program is an important partner- then work in partnership with State (a) SHORT TITLE.—This Act may be cited as ship among Federal, State, and local and local governments, nonprofit orga- the ‘‘Estuary Habitat Restoration Partner- governments to protect estuaries of na- nizations, and other interested parties, ship Act of 1998’’. tional significance threatened by pollu- to conserve and restore these sites. (b) TABLE OF CONTENTS.—The table of con- tion. Under the program, governors The act also will continue to support tents of this Act is as follows: work with the EPA to designate areas is the effort to restore the Long Island Sec. 1. Short title; table of contents. S12474 CONGRESSIONAL RECORD — SENATE October 14, 1998

TITLE I—ESTUARY HABITAT (3) ESTUARY.—The term ‘‘estuary’’ means— (1) IN GENERAL.—The Collaborative Council RESTORATION (A) a body of water in which fresh water shall be composed of the Secretary, the Sec. 101. Findings. from a river or stream meets and mixes with Under Secretary, the Administrator of the Sec. 102. Purposes. salt water from the ocean; and Environmental Protection Agency, and the Sec. 103. Definitions. (B) the physical, biological, and chemical Secretary of the Interior (acting through the Sec. 104. Establishment of Collaborative elements associated with such a body of Director of the United States Fish and Wild- Council. water. life Service), or their designees. Sec. 105. Duties of Collaborative Council. (4) ESTUARY HABITAT.— (2) CHAIRPERSON; LEAD AGENCY.—The Sec- Sec. 106. Cost sharing of estuary habitat res- (A) IN GENERAL.—The term ‘‘estuary habi- retary, or designee, shall chair the Collabo- toration projects. tat’’ means the complex of physical and hy- rative Council, and the Department of the Sec. 107. Monitoring and maintenance of es- drologic features and living organisms with- Army shall serve as the lead agency. tuary habitat restoration in estuaries and associated ecosystems. (c) CONVENING OF COLLABORATIVE COUN- projects. (B) INCLUSIONS.—The term ‘‘estuary habi- CIL.—The Secretary shall— Sec. 108. Cooperative agreements; memo- tat’’ includes salt and fresh water coastal (1) convene the first meeting of the Col- randa of understanding. marshes, coastal forested wetlands and other laborative Council not later than 30 days Sec. 109. Distribution of appropriations for coastal wetlands, maritime forests, coastal after the date of enactment of this Act; and estuary habitat restoration ac- grasslands, tidal flats, natural shoreline (2) convene additional meetings as often as tivities. areas, shellfish beds, sea grass meadows, kelp appropriate to ensure that this title is fully Sec. 110. Authorization of appropriations. beds, river deltas, and river and stream carried out, but not less often than quar- Sec. 111. National estuary program. banks under tidal influence. terly. Sec. 112. General provisions. (d) COLLABORATIVE COUNCIL PROCEDURES.— (5) ESTUARY HABITAT RESTORATION ACTIV- TITLE II—CHESAPEAKE BAY AND OTHER (1) QUORUM.—Three members of the Col- ITY.— REGIONAL INITIATIVES laborative Council shall constitute a (A) IN GENERAL.—The term ‘‘estuary habi- quorum. Sec. 201. Chesapeake Bay. tat restoration activity’’ means an activity (2) VOTING AND MEETING PROCEDURES.—The Sec. 202. Chesapeake Bay gateways and that results in improving degraded estuary Collaborative Council shall establish proce- watertrails. habitat (including both physical and func- dures for voting and the conduct of meetings Sec. 203. Pfiesteria and other aquatic toxins tional restoration), with the goal of attain- by the Council. research and grant program. ing a self-sustaining system integrated into Sec. 204. Long Island Sound. the surrounding landscape. SEC. 105. DUTIES OF COLLABORATIVE COUNCIL. Sec. 205. National Environmental Waste (a) ESTUARY HABITAT RESTORATION STRAT- (B) INCLUDED ACTIVITIES.—The term ‘‘estu- Technology Testing and Eval- EGY.— ary habitat restoration activity’’ includes— uation Center. (1) IN GENERAL.—Not later than 1 year after (i) the reestablishment of physical features the date of enactment of this Act, the Col- TITLE I—ESTUARY HABITAT and biological and hydrologic functions; laborative Council, in consultation with non- RESTORATION (ii) except as provided in subparagraph Federal participants, including nonprofit SEC. 101. FINDINGS. (C)(ii), the cleanup of contamination related sectors, as appropriate, shall develop an es- Congress finds that— to the restoration of estuary habitat; tuary habitat restoration strategy designed (1) estuaries provide some of the most eco- (iii) the control of non-native and invasive to ensure a comprehensive approach to the logically and economically productive habi- species; selection and prioritization of estuary habi- tat for an extensive variety of plants, fish, (iv) the reintroduction of native species tat restoration projects and the coordination wildlife, and waterfowl; through planting or natural succession; and of Federal and non-Federal activities related (2) the estuaries and coastal regions of the (v) other activities that improve estuary to restoration of estuary habitat. United States are home to one-half the popu- habitat. (2) INTEGRATION OF PREVIOUSLY AUTHORIZED lation of the United States and provide es- (C) EXCLUDED ACTIVITIES.—The term ‘‘estu- ESTUARY HABITAT RESTORATION PLANS, PRO- sential habitat for 75 percent of the Nation’s ary habitat restoration activity’’ does not GRAMS, AND PARTNERSHIPS.—In developing commercial fish catch and 80 to 90 percent of include— the estuary habitat restoration strategy, the its recreational fish catch; (i) an act that constitutes mitigation for Collaborative Council shall— (3) estuaries are gravely threatened by the adverse effects of an activity regulated (A) conduct a review of— habitat alteration and loss from pollution, or otherwise governed by Federal or State (i) Federal estuary management or habitat development, and overuse; law; or restoration plans; and (4) successful restoration of estuaries de- (ii) an act that constitutes restitution for (ii) Federal programs established under mands the coordination of Federal, State, natural resource damages required under any other law that provide funding for estuary and local estuary habitat restoration pro- Federal or State law. habitat restoration activities; grams; and (6) ESTUARY HABITAT RESTORATION (B) develop a set of proposals for— (5) the Federal, State, local, and private PROJECT.—The term ‘‘estuary habitat res- (i) using programs established under this cooperation in estuary habitat restoration toration project’’ means an estuary habitat or any other Act to maximize the incentives activities in existence on the date of enact- restoration activity under consideration or for the creation of new public-private part- ment of this Act should be strengthened and selected by the Collaborative Council, in ac- nerships to carry out estuary habitat res- new public and public-private estuary habi- cordance with this title, to receive financial, toration projects; and tat restoration partnerships established. technical, or another form of assistance. (ii) using Federal resources to encourage SEC. 102. PURPOSES. (7) ESTUARY HABITAT RESTORATION STRAT- increased private sector involvement in estu- The purposes of this title are— EGY.—The term ‘‘estuary habitat restoration ary habitat restoration activities; and (1) to establish a voluntary program to re- strategy’’ means the estuary habitat restora- (C) ensure that the estuary habitat res- store 1,000,000 acres of estuary habitat by tion strategy developed under section 105(a). toration strategy is developed and will be 2010; (8) FEDERAL ESTUARY MANAGEMENT OR HABI- implemented in a manner that is consistent (2) to ensure coordination of Federal, TAT RESTORATION PLAN.—The term ‘‘Federal with the findings and requirements of Fed- State, and community estuary habitat res- estuary management or habitat restoration eral estuary management or habitat restora- toration programs, plans, and studies; plan’’ means any Federal plan for restora- tion plans. (3) to establish effective estuary habitat tion of degraded estuary habitat that— (3) ELEMENTS TO BE CONSIDERED.—Consist- restoration partnerships among public agen- (A) was developed by a public body with ent with the requirements of this section, cies at all levels of government and between the substantial participation of appropriate the Collaborative Council, in the develop- the public and private sectors; public and private stakeholders; and ment of the estuary habitat restoration (4) to promote efficient financing of estu- (B) reflects a community-based planning strategy, shall consider— ary habitat restoration activities; and process. (A) the contributions of estuary habitat (5) to develop and enhance monitoring and (9) SECRETARY.—The term ‘‘Secretary’’ to— research capabilities to ensure that restora- means the Secretary of the Army, or a des- (i) wildlife, including endangered and tion efforts are based on sound scientific un- ignee. threatened species, migratory birds, and derstanding. (10) UNDER SECRETARY.—The term ‘‘Under resident species of an estuary watershed; SEC. 103. DEFINITIONS. Secretary’’ means the Under Secretary for (ii) fish and shellfish, including commer- In this title: Oceans and Atmosphere of the Department cial and sport fisheries; (1) COLLABORATIVE COUNCIL.—The term of Commerce, or a designee. (iii) surface and ground water quality and ‘‘Collaborative Council’’ means the inter- SEC. 104. ESTABLISHMENT OF COLLABORATIVE quantity, and flood control; agency council established by section 104. COUNCIL. (iv) outdoor recreation; and (2) DEGRADED ESTUARY HABITAT.—The term (a) COLLABORATIVE COUNCIL.—There is es- (v) other areas of concern that the Collabo- ‘‘degraded estuary habitat’’ means estuary tablished an interagency council to be rative Council determines to be appropriate habitat where natural ecological functions known as the ‘‘Estuary Habitat Restoration for consideration; have been impaired and normal beneficial Collaborative Council’’. (B) the estimated historic losses, esti- uses have been reduced. (b) MEMBERSHIP.— mated current rate of loss, and extent of the October 14, 1998 CONGRESSIONAL RECORD — SENATE S12475

threat of future loss or degradation of each (d) COOPERATION OF NON-FEDERAL PART- SEC. 107. MONITORING AND MAINTENANCE OF type of estuary habitat; and NERS.— ESTUARY HABITAT RESTORATION (C) the most appropriate method for select- (1) IN GENERAL.—The Collaborative Council PROJECTS. ing a balance of smaller and larger estuary shall not select an estuary habitat restora- (a) DATABASE OF RESTORATION PROJECT IN- habitat restoration projects. tion project until a non-Federal interest has FORMATION.—The Under Secretary shall (4) ADVICE.—The Collaborative Council entered into a written agreement with the maintain an appropriate database of infor- shall seek advice in restoration of estuary Secretary in which it agrees to provide the mation concerning estuary habitat restora- habitat from experts in the private and non- required non-Federal cooperation for the tion projects funded under this title, includ- profit sectors to assist in the development of project. ing information on project techniques, an estuary habitat restoration strategy. (2) NONPROFIT ENTITIES.—Notwithstanding project completion, monitoring data, and (5) PUBLIC REVIEW AND COMMENT.—Before section 221 of the Flood Control Act of 1970 other relevant information. adopting a final estuary habitat restoration (42 U.S.C. 1962d–5b(b)), for any project under- (b) REPORT.— strategy, the Collaborative Council shall taken under this section, the Secretary may, (1) IN GENERAL.—The Collaborative Council publish in the Federal Register a draft of the after coordination with the official respon- shall biennially submit a report to the Com- estuary habitat restoration strategy and sible for the political jurisdiction in which a mittee on Environment and Public Works of provide an opportunity for public review and project would occur, allow a nonprofit entity the Senate and the Committee on Transpor- comment. to serve as the non-Federal interest. tation and Infrastructure of the House of (b) PROJECT APPLICATIONS.— (3) MAINTENANCE AND MONITORING.—A co- Representatives on the results of activities (1) IN GENERAL.—An application for an es- operation agreement entered into under carried out under this title. tuary habitat restoration project shall origi- paragraph (1) shall provide for maintenance (2) CONTENTS OF REPORT.—A report under nate from a non-Federal organization and and monitoring of the estuary habitat res- paragraph (1) shall include— shall require, when appropriate, the approval toration project to the extent determined (A) data on the number of acres of estuary of State or local agencies. necessary by the Collaborative Council. habitat restored under this title, including (2) FACTORS TO BE TAKEN INTO ACCOUNT.—In (e) LEAD COLLABORATIVE COUNCIL MEM- the number of projects approved and com- determining the eligibility of an estuary BER.—The Collaborative Council shall des- pleted that comprise those acres; habitat restoration project for financial as- ignate a lead Collaborative Council member (B) the percentage of restored estuary sistance under this title, the Collaborative for each proposed estuary habitat restora- habitat monitored under a plan to ensure Council shall consider the following: tion project. The lead Collaborative Council that short-term and long-term restoration (A) Whether the proposed estuary habitat member shall have primary responsibility goals are achieved; restoration project meets the criteria speci- for overseeing and assisting others in imple- (C) an estimate of the long-term success of fied in the estuary habitat restoration strat- menting the proposed project. varying restoration techniques used in car- egy. (f) AGENCY CONSULTATION AND COORDINA- rying out estuary habitat restoration (B) The technical merit and feasibility of TION.—In carrying out this section, the Col- projects; the proposed estuary habitat restoration laborative Council shall, as the Collabo- (D) a review of how the information de- project. rative Council determines it to be necessary, scribed in subparagraphs (A) through (C) has (C) Whether the non-Federal persons pro- consult with, cooperate with, and coordinate been incorporated in the selection and imple- posing the estuary habitat restoration its activities with the activities of other ap- mentation of estuary habitat restoration project provide satisfactory assurances that propriate Federal agencies. projects; they will have adequate personnel, funding, (g) BENEFITS AND COSTS OF ESTUARY HABI- (E) a review of efforts made to maintain an and authority to carry out and properly TAT RESTORATION PROJECTS.—The Collabo- appropriate database of restoration projects maintain the estuary habitat restoration rative Council shall evaluate the benefits funded under this title; and project. and costs of estuary habitat restoration (F) a review of the measures taken to pro- (D) Whether, in the State in which a pro- projects in accordance with section 907 of the vide the information described in subpara- posed estuary habitat restoration project is Water Resources Development Act of 1986 (33 graphs (A) through (C) to persons with re- to be carried out, there is a State dedicated U.S.C. 2284). sponsibility for assisting in the restoration source of funding for programs to acquire or (h) AUTHORIZATION OF APPROPRIATIONS.— of estuary habitat. restore estuary habitat, natural areas, and There is authorized to be appropriated to the open spaces. SEC. 108. COOPERATIVE AGREEMENTS; MEMO- Department of the Army for the administra- RANDA OF UNDERSTANDING. (E) Whether the proposed estuary habitat tion and operation of the Collaborative In carrying out this title, the Collabo- restoration project will encourage the in- Council $4,000,000 for each of fiscal years 1999 rative Council may— creased coordination and cooperation of Fed- through 2003. (1) enter into cooperative agreements with eral, State, and local government agencies. SEC. 106. COST SHARING OF ESTUARY HABITAT Federal, State, and local government agen- (F) The amount of private funds or in-kind RESTORATION PROJECTS. cies and other persons and entities; and contributions for the estuary habitat res- (a) IN GENERAL.—No financial assistance in (2) execute such memoranda of understand- toration project. carrying out an estuary habitat restoration ing as are necessary to reflect the agree- (G) Whether the proposed habitat restora- project shall be available under this title ments. tion project includes a monitoring plan to from any Federal agency unless the non-Fed- ensure that short-term and long-term res- SEC. 109. DISTRIBUTION OF APPROPRIATIONS eral applicant for assistance demonstrates FOR ESTUARY HABITAT RESTORA- toration goals are achieved. that the estuary habitat restoration project TION ACTIVITIES. (H) Other factors that the Collaborative meets— The Secretary shall allocate funds made Council determines to be reasonable and nec- (1) the requirements of this title; and available to carry out this title based on the essary for consideration. (2) any criteria established by the Collabo- need for the funds and such other factors as (4) PRIORITY ESTUARY HABITAT RESTORATION rative Council under this title. are determined to be appropriate to carry PROJECTS.—An estuary habitat restoration (b) FEDERAL SHARE.—The Federal share of out this title. project shall be given a higher priority in re- the cost of an estuary habitat restoration ceipt of funding under this title if, in addi- and protection project assisted under this SEC. 110. AUTHORIZATION OF APPROPRIATIONS. tion to meeting the selection criteria speci- title shall be not more than 65 percent. (a) AUTHORIZATION OF APPROPRIATIONS fied in this section— (c) NON-FEDERAL SHARE.—The non-Federal UNDER OTHER LAW.—Funds authorized to be (A) the estuary habitat restoration project share of the cost of an estuary habitat res- appropriated under section 908 of the Water is part of an approved Federal estuary man- toration project may be provided in the form Resources Development Act of 1986 (33 U.S.C. agement or habitat restoration plan; of land, easements, rights-of-way, services, 2285) and section 206 of the Water Resources (B) the non-Federal share with respect to or any other form of in-kind contribution de- Development Act of 1996 (33 U.S.C. 2330) may the estuary habitat restoration project ex- termined by the Collaborative Council to be be used by the Secretary in accordance with ceeds 50 percent; or an appropriate contribution equivalent to this title to assist States and other non-Fed- (C) there is a program within the water- the monetary amount required for the non- eral persons in carrying out estuary habitat shed of the estuary habitat restoration Federal share of the estuary habitat restora- restoration projects or interim actions under project that addresses sources of water pollu- tion project. section 105(c). tion that would otherwise re-impair the re- (d) ALLOCATION OF FUNDS BY STATES TO PO- (b) AUTHORIZATION OF APPROPRIATIONS.— stored habitat. LITICAL SUBDIVISIONS.—With the approval of There are authorized to be appropriated to (c) INTERIM ACTIONS.— the Secretary, a State may allocate to any the Secretary to carry out estuary habitat (1) IN GENERAL.—Pending completion of the local government, area-wide agency des- restoration activities— estuary habitat restoration strategy devel- ignated under section 204 of the Demonstra- (1) $40,000,000 for fiscal year 1999; oped under subsection (a), the Collaborative tion Cities and Metropolitan Development (2) $50,000,000 for fiscal year 2000; and Council may pay the Federal share of the Act of 1966 (42 U.S.C. 3334), regional agency, (3) $75,000,000 for each of fiscal years 2001 cost of an interim action to carry out an es- or interstate agency, a portion of any funds through 2003. tuary habitat restoration activity. disbursed in accordance with this title for SEC. 111. NATIONAL ESTUARY PROGRAM. (2) FEDERAL SHARE.—The Federal share the purpose of carrying out an estuary habi- (a) GRANTS FOR COMPREHENSIVE CONSERVA- shall not exceed 25 percent. tat restoration project. TION AND MANAGEMENT PLANS.—Section S12476 CONGRESSIONAL RECORD — SENATE October 14, 1998

320(g)(2) of the Federal Water Pollution Con- ‘‘(5) SIGNATORY JURISDICTION.—The term in carrying out a project under this sub- trol Act (33 U.S.C. 1330(g)(2)) is amended by ‘signatory jurisdiction’ means a jurisdiction section during a fiscal year shall not exceed inserting ‘‘and implementation’’ after ‘‘de- of a signatory to the Chesapeake Bay Agree- 10 percent of the grant made to the person velopment’’. ment. under this subsection for the fiscal year. (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(b) CONTINUATION OF CHESAPEAKE BAY ‘‘(e) IMPLEMENTATION GRANTS.— Section 320(i) of the Federal Water Pollution PROGRAM.— ‘‘(1) IN GENERAL.—If a signatory jurisdic- Control Act (33 U.S.C. 1330(i)) is amended by ‘‘(1) IN GENERAL.—In cooperation with the tion has approved and committed to imple- striking ‘‘1987’’ and all that follows through Chesapeake Executive Council (and as a ment all or substantially all aspects of the ‘‘1991’’ and inserting the following: ‘‘1987 member of the Council), the Administrator Chesapeake Bay Agreement, on the request through 1991, such sums as may be necessary shall continue the Chesapeake Bay Program. of the chief executive of the jurisdiction, the for fiscal years 1992 through 1998, and ‘‘(2) PROGRAM OFFICE.—The Administrator Administrator shall make a grant to the ju- $25,000,000 for each of fiscal years 1999 and shall maintain in the Environmental Protec- risdiction for the purpose of implementing 2000’’. tion Agency a Chesapeake Bay Program Of- the management mechanisms established SEC. 112. GENERAL PROVISIONS. fice. The Chesapeake Bay Program Office under the Chesapeake Bay Agreement, sub- (a) ADDITIONAL AUTHORITY FOR ARMY CORPS shall provide support to the Chesapeake Ex- ject to such terms and conditions as the Ad- OF ENGINEERS.—The Secretary— ecutive Council by— ministrator considers appropriate. (1) may carry out estuary habitat restora- ‘‘(A) implementing and coordinating ‘‘(2) PROPOSALS.—A signatory jurisdiction tion projects in accordance with this title; science, research, modeling, support serv- described in paragraph (1) may apply for a and ices, monitoring, data collection, and other grant under this subsection for a fiscal year (2) shall give estuary habitat restoration activities that support the Chesapeake Bay by submitting to the Administrator a com- projects the same consideration as projects Program; prehensive proposal to implement manage- relating to irrigation, navigation, or flood ‘‘(B) developing and making available, ment mechanisms established under the control. through publications, technical assistance, Chesapeake Bay Agreement. The proposal (b) INAPPLICABILITY OF CERTAIN LAW.—Sec- and other appropriate means, information shall include— tions 203, 204, and 205 of the Water Resources pertaining to the environmental quality and ‘‘(A) a description of proposed management Development Act of 1986 (33 U.S.C. 2231, 2232, living resources of the Chesapeake Bay; mechanisms that the jurisdiction commits and 2233) shall not apply to an estuary habi- ‘‘(C) assisting the signatories to the Chesa- to take within a specified time period, such tat restoration project selected in accord- peake Bay Agreement, in cooperation with as reducing or preventing pollution in the ance with this title. appropriate Federal, State, and local au- Chesapeake Bay and to meet applicable (c) ESTUARY HABITAT RESTORATION MIS- thorities, in developing and implementing water quality standards; and SION.—The Secretary shall establish restora- specific action plans to carry out the respon- ‘‘(B) the estimated cost of the actions pro- tion of estuary habitat as a primary mission sibilities of the signatories to the Chesa- posed to be taken during the fiscal year. of the Army Corps of Engineers. peake Bay Agreement; ‘‘(3) APPROVAL.—If the Administrator finds (d) FEDERAL AGENCY FACILITIES AND PER- ‘‘(D) coordinating the actions of the Envi- that the proposal is consistent with the SONNEL.— ronmental Protection Agency with the ac- Chesapeake Bay Agreement and the national (1) IN GENERAL.—Federal agencies may co- tions of the appropriate officials of other goals established under section 101(a), the operate in carrying out scientific and other Federal agencies and State and local au- Administrator may approve the proposal for programs necessary to carry out this title, thorities in developing strategies to— a fiscal year. and may provide facilities and personnel, for ‘‘(i) improve the water quality and living ‘‘(4) FEDERAL SHARE.—The Federal share of the purpose of assisting the Collaborative resources of the Chesapeake Bay; and an implementation grant provided under this Council in carrying out its duties under this ‘‘(ii) obtain the support of the appropriate subsection shall not exceed 50 percent of the title. officials of the agencies and authorities in costs of implementing the management (2) REIMBURSEMENT FROM COLLABORATIVE achieving the objectives of the Chesapeake mechanisms during the fiscal year. COUNCIL.—Federal agencies may accept reim- Bay Agreement; and ‘‘(5) NON-FEDERAL SHARE.—An implementa- bursement from the Collaborative Council ‘‘(E) implementing outreach programs for tion grant under this subsection shall be for providing services, facilities, and person- public information, education, and participa- made on the condition that non-Federal nel under paragraph (1). tion to foster stewardship of the resources of sources provide the remainder of the costs of (e) ADMINISTRATIVE EXPENSES AND STAFF- the Chesapeake Bay. implementing the management mechanisms ING.—Not later than 180 days after the date ‘‘(c) INTERAGENCY AGREEMENTS.—The Ad- during the fiscal year. of enactment of this title, the Comptroller ministrator may enter into an interagency ‘‘(6) ADMINISTRATIVE COSTS.—Administra- General of the United States shall submit to agreement with a Federal agency to carry tive costs (including salaries, overhead, and Congress and the Secretary an analysis of out this section. indirect costs for services provided and ‘‘(d) TECHNICAL ASSISTANCE AND ASSIST- the extent to which the Collaborative Coun- charged against projects supported by funds ANCE GRANTS.— cil needs additional personnel and adminis- made available under this subsection) in- ‘‘(1) IN GENERAL.—In consultation with trative resources to fully carry out its duties curred by a signatory jurisdiction in carry- other members of the Chesapeake Executive under this title. The analysis shall include ing out a project under this subsection dur- Council, the Administrator may provide recommendations regarding necessary addi- ing a fiscal year shall not exceed 10 percent technical assistance, and assistance grants, tional funding. of the grant made to the jurisdiction under to nonprofit private organizations and indi- this subsection for the fiscal year. TITLE II—CHESAPEAKE BAY AND OTHER viduals, State and local governments, col- ‘‘(f) COMPLIANCE OF FEDERAL FACILITIES.— REGIONAL INITIATIVES leges, universities, and interstate agencies to ‘‘(1) SUBWATERSHED PLANNING AND RES- SEC. 201. CHESAPEAKE BAY. carry out this section, subject to such terms TORATION.—A Federal agency that owns or Section 117 of the Federal Water Pollution and conditions as the Administrator consid- operates a facility (as defined by the Admin- Control Act (33 U.S.C. 1267) is amended to ers appropriate. istrator) within the Chesapeake Bay water- read as follows: ‘‘(2) FEDERAL SHARE.— shed shall participate in regional and sub- ‘‘SEC. 117. CHESAPEAKE BAY. ‘‘(A) IN GENERAL.—Except as provided in watershed planning and restoration pro- ‘‘(a) DEFINITIONS.—In this section: subparagraph (B), the Federal share of an as- grams. ‘‘(1) CHESAPEAKE BAY AGREEMENT.—The sistance grant provided under paragraph (1) ‘‘(2) COMPLIANCE WITH AGREEMENT.—The term ‘Chesapeake Bay Agreement’ means the shall be determined by the Administrator in head of each Federal agency that owns or oc- formal, voluntary agreements, amendments, accordance with Environmental Protection cupies real property in the Chesapeake Bay directives, and adoption statements executed Agency guidance. watershed shall ensure that the property, to achieve the goal of restoring and protect- ‘‘(B) SMALL WATERSHED GRANTS PROGRAM.— and actions taken by the agency with re- ing the Chesapeake Bay ecosystem and the The Federal share of an assistance grant pro- spect to the property, comply with the living resources of the ecosystem and signed vided under paragraph (1) to carry out an im- Chesapeake Bay Agreement. by the Chesapeake Executive Council. plementing activity under subsection (g)(2) ‘‘(g) CHESAPEAKE BAY WATERSHED, TRIBU- ‘‘(2) CHESAPEAKE BAY PROGRAM.—The term shall not exceed 75 percent of eligible project TARY, AND RIVER BASIN PROGRAM.— ‘Chesapeake Bay Program’ means the pro- costs, as determined by the Administrator. ‘‘(1) NUTRIENT AND WATER QUALITY MANAGE- gram directed by the Chesapeake Executive ‘‘(3) NON-FEDERAL SHARE.—An assistance MENT STRATEGIES.—Not later than 1 year Council in accordance with the Chesapeake grant under paragraph (1) shall be provided after the date of enactment of this sub- Bay Agreement. on the condition that non-Federal sources section, the Administrator, in consultation ‘‘(3) CHESAPEAKE BAY WATERSHED.—The provide the remainder of eligible project with other members of the Chesapeake Exec- term ‘Chesapeake Bay watershed’ shall have costs, as determined by the Administrator. utive Council, shall ensure that management the meaning determined by the Adminis- ‘‘(4) ADMINISTRATIVE COSTS.—Administra- plans are developed and implementation is trator. tive costs (including salaries, overhead, and begun by signatories to the Chesapeake Bay ‘‘(4) CHESAPEAKE EXECUTIVE COUNCIL.—The indirect costs for services provided and Agreement for the tributaries of the Chesa- term ‘Chesapeake Executive Council’ means charged against projects supported by funds peake Bay to achieve and maintain— the signatories to the Chesapeake Bay made available under this subsection) in- ‘‘(A) the nutrient goals of the Chesapeake Agreement. curred by a person described in paragraph (1) Bay Agreement for the quantity of nitrogen October 14, 1998 CONGRESSIONAL RECORD — SENATE S12477 and phosphorus entering the main stem (B) to identify and utilize the collective re- (1) in paragraph (1), by striking ‘‘1991 Chesapeake Bay; sources as Chesapeake Bay Gateways sites through 2001’’ and inserting ‘‘1999 through ‘‘(B) the water quality requirements nec- for enhancing public education of and access 2003’’; and essary to restore living resources in both the to the Chesapeake Bay; (2) in paragraph (2), by striking ‘‘not to ex- tributaries and the main stem of the Chesa- (C) to link the Chesapeake Bay Gateways ceed $3,000,000 for each of the fiscal years 1991 peake Bay; sites with trails, tour roads, scenic byways, through 2001’’ and inserting ‘‘$10,000,000 for ‘‘(C) the Chesapeake Bay basinwide toxics and other connections as determined by the each of fiscal years 1999 through 2003’’. reduction and prevention strategy goal of re- Secretary; SEC. 205. NATIONAL ENVIRONMENTAL WASTE ducing or eliminating the input of chemical (D) to develop and establish Chesapeake TECHNOLOGY TESTING AND EVAL- contaminants from all controllable sources Bay Watertrails comprising water routes and UATION CENTER. to levels that result in no toxic or bio- connections to Chesapeake Bay Gateways (a) IN GENERAL.—The Administrator of the accumulative impact on the living resources sites and other land resources within the Environmental Protection Agency is author- that inhabit the Bay or on human health; Chesapeake Bay Watershed; and ized to provide financial assistance to the and (E) to create a network of Chesapeake Bay National Environmental Waste Technology ‘‘(D) habitat restoration, protection, and Gateways sites and Chesapeake Bay Testing and Evaluation Center in Butte, enhancement goals established by Chesa- Watertrails. Montana. peake Bay Agreement signatories for wet- (2) COMPONENTS.—Components of the (b) AUTHORIZATION OF APPROPRIATIONS.— lands, forest riparian zones, and other types Chesapeake Bay Gateways and Watertrails There is authorized to be appropriated to of habitat associated with the Chesapeake Network may include— carry out this section $10,000,000 for each of Bay and the tributaries of the Chesapeake (A) State or Federal parks or refuges; fiscal years 1998 through 2002. Bay. (B) historic seaports; f ‘‘(2) SMALL WATERSHED GRANTS PROGRAM.— (C) archaeological, cultural, historical, or The Administrator, in consultation with recreational sites; or TECHNICAL CORRECTIONS TO THE other members of the Chesapeake Executive (D) other public access and interpretive NATIONAL CAPITAL REVITALIZA- Council, may offer the technical assistance sites as selected by the Secretary. TION AND SELF-GOVERNMENT and assistance grants authorized under sub- (b) CHESAPEAKE BAY GATEWAYS GRANTS AS- IMPROVEMENT ACT OF 1997 section (d) to local governments and non- SISTANCE PROGRAM.— profit private organizations and individuals (1) IN GENERAL.—The Secretary, in coopera- Mr. CRAIG. Mr. President, I ask in the Chesapeake Bay watershed to imple- tion with the Administrator, shall establish unanimous consent that the Senate ment— a Chesapeake Bay Gateways Grants Assist- proceed to the immediate consider- ‘‘(A) cooperative tributary basin strategies ance Program to aid State and local govern- ation of H.R. 4566, which was received that address the Chesapeake Bay’s water ments, local communities, nonprofit organi- from the House. quality and living resource needs; or zations, and the private sector in conserving, The PRESIDING OFFICER. The ‘‘(B) locally based protection and restora- restoring, and interpreting important his- tion programs or projects within a watershed clerk will report. toric, cultural, recreational, and natural re- The assistant legislative clerk read that complement the tributary basin strate- sources within the Chesapeake Bay Water- gies. shed. as follows: ‘‘(h) STUDY OF CHESAPEAKE BAY PRO- (2) CRITERIA.—The Secretary, in coopera- A bill (H.R. 4566) to make technical correc- GRAM.—Not later than December 31, 2000, and tion with the Administrator, shall develop tions to the National Capital Revitalization every 3 years thereafter, the Administrator, appropriate eligibility, prioritization, and and Self-Government Improvement Act of in cooperation with other members of the review criteria for grants under this section. 1997 with respect to the courts and court sys- Chesapeake Executive Council, shall com- (3) MATCHING FUNDS AND ADMINISTRATIVE tem of the District of Columbia. plete a study and submit a comprehensive re- EXPENSES.—A grant under this section— The PRESIDING OFFICER. Is there port to Congress on the results of the study. (A) shall not exceed 50 percent of eligible objection to the immediate consider- The study and report shall, at a minimum— project costs; ation of the bill? ‘‘(1) assess the commitments and goals of (B) shall be made on the condition that the management strategies established non-Federal sources, including in-kind con- There being no objection, the Senate under the Chesapeake Bay Agreement and tributions of services or materials, provide proceeded to consider the bill. the extent to which the commitments and the remainder of eligible project costs; and Mr. CRAIG. Mr. President, I ask goals are being met; (C) shall be made on the condition that not unanimous consent that the bill be ‘‘(2) assess the priority needs required by more than 10 percent of all eligible project considered read the third time and the management strategies and the extent to costs be used for administrative expenses. passed, the motion to reconsider be which the priority needs are being met; (c) AUTHORIZATION OF APPROPRIATIONS.— laid upon the table, and that any state- ‘‘(3) assess the effects of air pollution depo- There is authorized to be appropriated to ments relating to the bill be printed in sition on water quality of the Chesapeake carry out this section $3,000,000 for each of the RECORD. Bay; fiscal years 1999 through 2003. ‘‘(4) assess the state of the Chesapeake Bay The PRESIDING OFFICER. Without and its tributaries and related actions of the SEC. 203. PFIESTERIA AND OTHER AQUATIC TOX- objection, it is so ordered. INS RESEARCH AND GRANT PRO- Chesapeake Bay Program; GRAM. The bill (H.R. 4566) was considered ‘‘(5) make recommendations for the im- (a) IN GENERAL.—The Administrator of the read the third time, and passed. proved management of the Chesapeake Bay Environmental Protection Agency, the Sec- Mr. CRAIG. Mr. President, I will now Program; and retary of Commerce (acting through the Di- speak as in morning business. ‘‘(6) provide the report in a format trans- rector of the National Marine Fisheries Serv- ferable to and usable by other watershed res- The PRESIDING OFFICER. The Sen- ice of the National Oceanic and Atmospheric toration programs. ator from Idaho is recognized. Administration), the Secretary of Health and ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— f Human Services (acting through the Direc- There is authorized to be appropriated to tor of the National Institute of Environ- carry out this section $30,000,000 for each of THE WHITE HOUSE IS SPENDING mental Health Sciences and the Director of fiscal years 1999 through 2003.’’. THE SURPLUS the Centers for Disease Control and Preven- SEC. 202. CHESAPEAKE BAY GATEWAYS AND tion), and the Secretary of Agriculture Mr. CRAIG. Mr. President, last night WATERTRAILS. shall— there was an interesting discussion on (a) CHESAPEAKE BAY GATEWAYS AND (1) establish a research program for the CNN. It went something like this: WATERTRAILS NETWORK.— eradication or control of Pfiesteria piscicida The White House is now spending the (1) IN GENERAL.—The Secretary of the Inte- and other aquatic toxins; and surplus—the surplus that the Presi- rior (referred to in this section as the ‘‘Sec- (2) make grants to colleges, universities, retary’’), in cooperation with the Adminis- dent, a few months ago, said had to be and other entities in affected States for the guaranteed for only Social Security. I trator of the Environmental Agency (re- eradication or control of Pfiesteria piscicida ferred to in this section as the ‘‘Adminis- and other aquatic toxins. am told that the White House imme- trator’’), shall provide technical and finan- (b) AUTHORIZATION OF APPROPRIATIONS.— diately responded by saying: Oh, no, cial assistance, in cooperation with other There is authorized to be appropriated to no, no, the White House isn’t spending Federal agencies, State and local govern- carry out this section $5,000,000 for each of the surplus. Surpluses don’t exist until ments, nonprofit organizations, and the pri- fiscal years 1999 and 2000. after you have had all of the emer- vate sector— (A) to identify, conserve, restore, and in- SEC. 204. LONG ISLAND SOUND. gency spending you need. terpret natural, recreational, historical, and Section 119(e) of the Federal Water Pollu- In other words, the White House has cultural resources within the Chesapeake tion Control Act (33 U.S.C. 1269(e)) is amend- now come to the Hill to ask for up- Bay Watershed; ed— wards of $20 billion worth of surplus S12478 CONGRESSIONAL RECORD — SENATE October 14, 1998 spending that is now emergency spend- form Social Security. We want them to MORNING BUSINESS ing, that isn’t called surplus and, get $1.50 or $2 back on their invest- The PRESIDING OFFICER. Under therefore, doesn’t count against appli- ment, as they should be allowed to do. the previous order, there will now be a cation to the trust funds of Social Se- So what is ‘‘is,’’ Mr. President, and period for the transaction of morning curity. what is surplus doesn’t allow your defi- business not to extend beyond the hour Now, while the President’s legions nition. It isn’t what is left over when of 1 p.m. with Senators permitted to are up here in negotiations over in you get through spending on all of the speak therein for up to 5 minutes each. Speaker NEWT GINGRICH’s office, the additional social programs that you Mr. ROTH addressed the Chair. President is still out on the stump ac- want to spend it on. The PRESIDING OFFICER. The Sen- cusing Republicans of wanting to spend Just a few moments ago, our col- ator from Delaware is recognized. the surplus. The President has effec- f tively, by Democrat action here on the leagues on the other side of the aisle floor, denied the taxpayers a reason- held a very interesting press con- EDUCATION able tax cut this year. And while there ference. They called it a ‘‘do-nothing Mr. ROTH. Mr. President, I rise are some necessary moneys to be spent Congress.’’ They denied that we had today to make some comments with re- in surplus spending for emergencies— spent the money necessary to fund all spect to the question of the allocation such as disaster-related emergencies, of the social programs. Mr. President, of resources to assist our State and the emergency of the commodity price in 1994 the American people spoke most local governments in meeting their crises in agriculture—nobody has de- profoundly when they changed Con- challenge in the provision of education nied that that wasn’t surplus money gress and said they wanted a new agen- for grades K through 12. and that in fact we are spending a lit- da, they wanted a balanced budget, First, in this war of words it should tle bit of that surplus, a very small they wanted us to reform Social Secu- not be overlooked that there was no amount of that surplus, to address rity, and they wanted the influence and disagreement last year in establishing some very real national needs. But no the impact of the Federal Government education as a priority when we en- Republican has even tried to suggest on our lives and on our pocketbooks acted the Balanced Budget Act. We en- that the surplus isn’t the surplus until lessened. That is exactly what this tered into an agreement only one year we have spent all of it, or a portion of Congress has been doing. Yet, of ago with this administration where we it, and that what is left over becomes course, now that we have accomplished indicated that yes, we agree that edu- the surplus. those goals, now that our economy and cation is a priority for all. We have Mr. President, this is a doublespeak our lessened Government spent less of honored that commitment. of yours that we are somehow, as a Na- the money and our economy generates Under the balanced budget agree- tion, getting used to: Is ‘‘is’’? No; the more money and we have a unique op- ment from last year, we agreed to in- surplus is the surplus. That is the portunity of surplus, the President now crease spending on education by 15 per- money that remains unappropriated at sees that opportunity—sees it or seizes cent, or $3 billion. We did that. the end of a fiscal year. That is the it, I am not sure at this moment. This year in the budget resolution money that, collectively, the budget Let me suggest, Mr. President, that adopted by the Senate we agreed to in- process of Congress, the appropriating what is is. Surplus is surplus. It isn’t crease education spending over the process of Congress, says is not needed; what is left over after you get through next 5 years by an amount equal to in- it is not necessary to spend that spending. That is exactly what the flation which would result in spending money. President and the White House tried to increases of $6.6 billion in budget au- So now we are attempting something engage in last night, a whole new defi- thority and $4.1 billion in outlays over uniquely different. Now we are at- nition. We have watched this President the next 5 years. Almost all other dis- tempting to once again redefine, at try to redefine a lot of things over the cretionary programs were frozen. least in the eyes of the President and last good number of months—from the In addition, earlier this year we this administration, what a surplus is. word ‘‘is,’’ now to the word ‘‘surplus.’’ passed a bill—with bipartisan support— I think we will let the American people Mr. President, surplus is surplus. It is the Parent and Student Savings Ac- decide what that is. You see, we know when the Congress works the budget count Plus Act to expand the education what ‘‘is’’ is. And ‘‘is,’’ in this case, is process, and that is concluded in a bi- IRA which we enacted last year as part the money that the budget process sug- partisan fashion, that we determine of the Taxpayer Relief Act of 1997. gests is not appropriated beyond its what surplus is. So I think it is terribly Under this provision the annual con- normal channels, and that we have de- important that we finalize our work tribution limit for education IRAs termined can be upward of $60 billion here. Those negotiations are now un- would be increased from $500 under cur- worth of surplus this year, that the derway. Yes, some surplus money will rent law to $2,000 and expand the use of President in his budget message to be spent in emergency. What is left the proceeds from these accounts for Congress emphatically said had to be over at the end will be surplus. But you elementary and secondary education spent on Social Security, and that this don’t start the game by redefining the expenses. Congress, in a very real and bipartisan fact. That is how we deal with it. That Education expenses, it is important way, said, yes, it is a good idea and is how we must deal with it. And it is to note, under the provisions of the bill should be done, because most of us very important that we stay with that. were broadly defined to include after agree that we are in a unique time—if I am proud of the record of the Re- school-programs, expenses for special not a historically opportune time—in publican Congress—a balanced budget, needs children, computers, tutoring, our country, and that is to use our sur- welfare reform—major changes—and uniforms—in sum, virtually any ex- plus, to use the surplus that was pro- new dollars into education, education pense associated with improving the duced by a balanced budget that we controlled at the local and State level totality of a child’s education. worked so hard to accomplish—can be The benefits of this provision were and not new, grand programs here at used to make major changes, not only large for a very small cost, and I would the national level. Those are the issues in our tax law and tax policy, but now note most importantly, with no Fed- about which we are talking. Those are the unique opportunity to reform So- eral interference. Mr. President, this the issues with which we must deal. cial Security, not only to save it, se- one provision was anticipated to gen- cure it, and maintain it for those who I hope we can conclude those quickly, erate $5 billion for education over a 5- become the immediate recipients of it, adjourn this Congress, and be able to year period and $10 billion over a 10- but so that our children and our grand- announce to the American taxpayer year period. children will be investing in a Social that they can rest assured that our ef- It was thought that 14 million fami- Security system that is worth invest- fort is to control Government spend- lies would utilize the savings benefit ing in, so that they are not denied real ing, the size of Government, and the and 20 million school children would return on their investment—25 cents impact it has on their pocketbook. benefit. All at minimal cost and inter- on the dollar, as will be the case for With those comments, I yield the ference. The administration vetoed this our grandchildren today if we don’t re- floor. good and important bill. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12479 As I see it where we are today is not improved student achievement. I sug- are either proposing or actively considering in disagreement over the importance of gest that the solution to this problem class-size reduction initiatives. These states education or the investment in edu- rests in our communities, with those are following on the heels of California, cation, but rather a very different phil- closest to the problems at hand. which reduced K–3 class sizes under Repub- lican Governor Pete Wilson after the state osophical approach in the best way to EXHIBIT 1 generated a revenue windfall in 1996. GOP provide assistance. As a staunch be- Editor’s Note: Silver bullet ideas for school re- proposals both in Congress and in many form come and go, usually warranting little liever in State and local control of edu- states to shift education dollars from ‘‘ad- more than passing attention. However, one idea cation it is my firm belief that the as- ministration’’ to ‘‘classrooms’’ are also often seems to be taking hold among many camps: sistance we provide to our State and promoted as enabling school districts to re- class-size reduction. In light of the attention duce class sizes. local educational agencies must be and support this idea has received, the Progres- given with the maximum amount of sive Policy Institute asked University of Roch- Its status as the hardy perennial of teach- flexibility. ester’s Eric Hanushek—a renowned education ers’ union proposals has further made class- Time and time again, the evidence scholar—to review the evidence on the impact of size reduction popular among many Demo- has shown that a one size fits all direc- class-size reduction policies. This is his analysis. cratic politicians. But this tendency was tive from Washington is not the tonic IMPROVING STUDENT ACHIEVEMENT—IS given a powerful new impetus this year when to cure any ills within our educational REDUCING CLASS SIZE THE ANSWER? President Clinton—previously identified system. I therefore believe the admin- (By Eric A. Hanushek) with such performance-oriented reforms as istration’s insistence on their school Growing numbers of Americans are dissat- charter schools, high standards, and national construction and class room size reduc- isfied with our nation’s schools and are de- tests—made hiring more teachers to reduce manding reform. Recently, results from an class sizes in early education a major feature tion initiative is wrong, and actually of his State of the Union Address. may be harmful. international study showed U.S. students trailing the world in twelfth grade math and A policy briefing issued in June of THE CLINTON-PROPOSAL science. Faced with the daunting task of re- this year by the Progressive Policy In- forming education, politicians in both par- The President proposed to spend $12 billion stitute states it best: ‘‘It makes little ties, including President Clinton, are seizing in federal funds over seven years to reduce sense to dictate in across the board on a cure-all that appeals to interest groups class sizes in grades 1–3. These initiatives are class-size reduction policy from Wash- and enjoys public support: reducing class designed to help bring classes in the early ington. A national policy can only ex- size. grades down to 18 students per class, an un- pect average gains, which appear to be This is by no means a new idea; teachers’ dertaking estimated to require 100,000 addi- very small at great expense.’’ unions have fought for smaller classes for tional teachers. decades. Mr. President, I ask unanimous con- All other things being equal, smaller class- Federal funding for class-size reduction sent that the full text of the policy es are preferable to larger ones because would be distributed to states on the basis of briefing ‘‘Improving Student Achieve- teachers can give students more individual the Title I formula. Within the state, each ment—Is Reducing Class Size the An- attention. However, all things are seldom high-poverty school district would receive swer?’’ be printed at the conclusion of equal, and other factors, such as the quality the same share of these funds as it received my remarks. of the teacher, have a much more decisive under ‘‘Title I, and the remaining funds The PRESIDING OFFICER. Without impact on student achievement. Moreover, would be distributed within the state based objection, it is so ordered. the huge expense of class-size reduction may on class size. Participating school districts Mr. ROTH. Mr. President, an addi- impede the ability of schools to make other would be required to match federal funds, on tional problem with inflexible man- important investments in quality. Here lies a sliding scale raning from 10 percent to 50 dates from Washington is that it di- the fundamental question: What effect do percent. broad policies of class-size reduction have on The initiative also emphasizes teacher cer- rects resources from the State and overall student achievement levels? local level to areas which a State or Supporters of broad class-size reductions tification requirements, an important con- local school board might not think is generally point to a few studies or a few ex- cern described below. Its approach, however, overlooks the systemic defects of our current the best use of resources. periences that suggest improved perform- Some schools or districts may wish ance with smaller classes and then rely on certification practices and ignores a critical aspect of teacher quality; recruitment. to have smaller class sizes or devote re- the ‘‘obviousness’’ of the proposed policies to sources to capital projects, others may carry the day. To be sure, there are U.S. More importantly, the President’s initia- feel that their school reform efforts classrooms that are overcrowded. But not tive represents a detour from past initiatives every school ranks reducing class size as the to promote educational results rather than can best be served by adding comput- highest priority. Some schools may prefer to just education spending. The classsize reduc- ers, newer textbooks, teacher training, invest in smaller classes, but others might tion initiative uniquely promotes new edu- or after school programs or other ideas. opt for reading tutors, after-school pro- cational ‘‘inputs’’ (i.e., money) without a This is where I think directives become grams, computers, higher salaries for teach- corresponding commitment to educational harmful. ers, or increased professional development. ‘‘outputs’’ (i.e., results). All these short- We do not have the solutions in In fact, a thorough review of the scientific comings might be overcome if it were truly Washington, We must let our State and evidence shows a startling finding; class-size clear that reducing class sizes in and of itself local educational agencies, parents, reduction may be one of the least effective improves education. Unfortunately, the evi- educational investments. dence says otherwise. and teachers, have the freedom to put Historical and international evidence also their resources where they feel they shows that a national policy to reduce class THE EVIDENCE ON CLASS SIZE 2 will do the most good for the benefit of size could displace more productive invest- A wide range of perspective can be taken in our children. An editorial from the ments in schooling. The United States has attempting to pinpoint the effectiveness of already significantly reduced class sizes over News Journal from my State entitled reduced class sizes. No matter what the the past 40 years and student performance ‘‘Misguided Mandate: Micromanage- source of evidence, the answer about effec- has remained stagnant, at best. The overall ment by Legislators Is Mockery of Real tiveness is the same: broad policies of class- pupil-teacher ratio fell by 35 percent from School Reform’’ is illustrative of this size reduction are very expensive and have 1950–95 (from about 27-to-1 to 17-to-1).1 Aggre- little effect on student achievement. point, though they were editorializing gate student performance has shown no im- on an action taken by the State legis- provement over this period. Similarly, these 1. The United States has extensive experi- lature in Delaware. changes have done nothing to boost our ence with class-size reduction and it has not I ask unanimous consent that the standing on international achievement tests. worked. Between 1950–95, pupil-teacher ratios editorial be printed in full at the con- Federal policy should aim to improve fell by 35 percent, from about 27-to-1 to clusion of my remarks. teacher quality, not quantity. Rather than about 17-to-1 overall. These reductions have The PRESIDING OFFICER. Without reducing class size, a better use of federal been an important component of the dra- objection, it is so ordered. money would be to encourage states to boost matic increases in school spending that have Mr. ROTH. Mr. President, in conclu- teacher quality by developing meaningful occurred over this period. Table 1 shows the sion, Mr. President, I would say that I teacher tests and alternative certification pattern of pupil-teacher ratios, teacher at- programs. Better yet, federal funds could be am disappointed in the rhetorical ex- tributes, and real spending per pupil since used to encourage stronger performance in- 1960. The one-third fall in pupil-teacher ra- cess surrounding the issue of edu- centives in our schools. tios is a significant contributor to the near cational excellence. THE BIPARTISAN RUSH TO REDUCE CLASS SIZES tripling in real spending per student in aver- Our focus should not be on inputs and The widespread belief that lowering class age daily attendance (ADA). (The table fur- micromanagement, but on how we can size immediately improves education has ther shows that other teacher attributes— best deliver assistance which will re- been echoed by politicians in both parties i.e., advanced degrees and experience—also sult in positive outcomes reflected by during this election year. About 20 governors grew significantly.) S12480 CONGRESSIONAL RECORD — SENATE October 14, 1998 TABLE 1.—PUBLIC SCHOOL RESOURCES IN THE UNITED STATES, 1961–91

Resource 1960–61 1965–66 1970–71 1975–76 1980–81 1985–86 1990–91

Pupil-Teacher Ratio ...... 25.6 24.1 22.3 20.2 18.8 17.7 17.3 Percent Teachers with Master’s Degree ...... 23.1 23.2 27.1 37.1 49.3 50.7 52.6 Median Years Teacher Experience ...... 11 8 8 8 12 15 15 Current Expenditure/ADA (1992–93 $’s) ...... $1,903 $2,402 $3,269 $3,864 $4,116 $4,919 $5,582

While we lack information about student extensive services. On average, these stu- were strongly related to high student achievement for this entire period, the infor- dents cost somewhat more than twice that of achievement, then one would expect U.S. mation that we have from 1970 for the Na- those undergoing regular instruction. While class sizes to be much larger than those in tional Assessment of Educational Progress these programs could account for as much as other countries. In fact, just the opposite is (NAEP) indicates that our 17-year-olds were a *COM041*third of the increased intensity of true. Asian countries that routinely out- performing roughly the same in 1996 as in teachers over the 1980s, substantial reduc- perform the U.S. generally have much larger 1970. There are some differences by subject tions in class size have been directed at regu- class sizes. Ironically, the international dif- area. For science, the average scale score of lar class room instruction as well. ferences suggest that there is a slight posi- 17-year-olds falls 9 points between 1969–96. In sum, the proposals to reduce class sizes tive relationship between pupil-teacher ra- For math, 17-year-olds improve 3 points be- are nothing new. We have been pursuing tios and student achievement. tween 1973–96. For reading, they improve 2 these policies for decades. The aggregate evi- points between 1971–96. Writing performance, dence shows no improvements in student 3. Extensive econometric investigation which is only available since 1984, shows a performance that can be related to the over- shows no relationship between class size and fall of 7 points, by 1996. Only the fall in all pupil-teacher ratio reductions. student performance. Over the past three science (and in writing since 1984) is a statis- 2. International comparisons suggest no re- decades, there has been significant research tically significant difference. There have lationship between pupil-teacher ratios and in deciphering what factors affect student been improvements at earlier ages, but they student performance. The recent results achievement. This work, employing sophisti- are not maintained and are not reflected in measuring the performance of U.S. students cated econometric techniques, provides con- the skills that students take to college and on international math and science examina- siderable evidence about the effects of class to the job market. The overall picture is one tions have sobered many. Our high school size on performance. of stagnant performance. seniors performed near the bottom of the One common explanation for why the rankings of the 21 nations participating in These extensive statistical investigations lower pupil-teacher ratio hasn’t resulted in the Third International Mathematics and show almost as many positive as negative es- increased overall performance is that more Science Study (TIMSS). This showing has timates of the effects of reducing class size. students are now designated as special edu- nothing to do with more selective students Table 2 summarizes the 277 separate pub- cation students, whose classes are much taking the tests in other countries—our best lished estimates of the effect of pupil-teach- smaller than regular ones. About 12.5 percent students performed badly. er ratios on student achievement. Only 15 of students are now identified as having dis- At the same time, the dramatic differences percent give much confidence (i.e., are sta- abilities covered under special education leg- in pupil-teacher ratios and in class sizes tistically significant) that there is the ex- islation (up 8 percent at the introduction of across the countries are unrelated to meas- pected improvement from reducing class programs in the late 1970s). Indeed, the fed- ures of mathematics and science achieve- sizes. The bulk (85 percent) either suggest eral and state mandates for the education of ment. Of course there are many differences that achievement worsens (13 percent) or handicapped students have placed significant across countries that are difficult to adjust gives little confidence that there is any ef- requirements on hiring staff and providing for in any analysis, but if smaller classes fect at all. TABLE 2.—PERCENTAGE DISTRIBUTION OF ESTIMATED INFLUENCE OF TEACHER-PUPIL ON STUDENT PERFORMANCE, BY LEVEL OF SCHOOLING

Statistically significant (in Statistically insignificant (in percent)— Number of percent)— School level estimates Positive Negative Positive Negative Unknown sign

All Schools ...... 277 15 13 27 25 20 Elementary Schools ...... 136 13 20 25 20 23 Secondary Schools ...... 141 17 7 28 31 17

Because of the controversial nature of assertion that the positive results justify a matter in kindergarten and perhaps first these conclusions, they have been carefully variety of overall reductions in class size. grade. The data do not suggest that improve- scrutinized—and the policy conclusions re- This study is the primary reference in the ments will result from class-size reductions main unaffected. The subsequent discussions Clinton proposal as well as Governor Pete at later grades. have clarified one important aspect of these Wilson’s dramatic class-size reductions in analyses. The existing studies do show that California in 1996. The STAR data suggest that perhaps sometimes variations in class size have sig- The study is conceptually simple, even if achievement would improve if kindergarten nificant influences on performance. The dif- some questions about its actual implementa- classes were moved to sizes considerably ficulty, when thought of in terms of making tion remain. Students and teachers in the below today’s average. In addition, the ef- policy from Washington or from State cap- STAR experiment were randomly assigned to fects were greater fro minority students dur- itals, is that nobody has been able to iden- small classes (13–17) students) or large class- ing the first two years. The President‘s plan tify the overall circumstances that lead to es (22–25) students) with or without aides. gives greater assistance to Title I schools beneficial effects. This finding has important Each participating school had one of each policy implications that are discussed below. type of class. Students were kept in these and targets the early grades, but not kinder- These studies are important because they small or large classes from kindergarten garten. provide detailed views of differences across through third grade, and their achievement Nonetheless, the STAR evidence pertains classrooms—views that separate the influ- was measured at the end of each year. to a one-third reduction in class sizes, a re- The STAR evidence showed that the gains ence of schools from that of family, peers, duction approximately equal to the overall and other factors. As a group, they cover the made were mainly in kindergarten. The decline in the pupil-teacher ratio between influence of class size on a variety of student STAR data are summarized by Figures 1 and outcomes, on performance at different 2. (Graphs were not reproducible in the 1950 and today. As we have seen, that reduc- grades, and on achievement in different RECORD.) At the end of kindergarten, chil- tion has not led to overall improvement in kinds of schools and different areas of the dren in small classes score better than those student achievement. country. In sum, they provide broad and in large classes. They then maintain this dif- solid evidence. ferential for the next three years. INTERPRETING THE EVIDENCE ON CLASS SIZE 4. Project STAR in Tennessee does not sup- If smaller classes were valuable in each None of this says that smaller classes port overall reductions in class size except grade, the achievement gap would widen. It never matter. The class size evidence refers perhaps at kindergarten. Much of the cur- does not. In fact, the gap remains essentially to the normal ranges observed in schools— rent enthusiasm for reductions in class size unchanged through the sixth grade, even is based on the results of a random-assign- though the experimental students from the roughly between 15 and 40 studens per class. ment experimental program in the State of small classes return to larger classes-for the A class of 100 would likely produce different Tennessee in the mid-1980s. The common ref- fourth through sixth grades. The inescapable effects than a class of five, but such a com- erence to this program, Project STAR, is an conclusion is that the smaller classes at best parison is irrelevant for purposes of the October 14, 1998 CONGRESSIONAL RECORD — SENATE S12481 broad policies currently being considered. In- TEACHER QUALITY, NOT QUANTITY mally, instead of funding lowered class sizes deed, the micro-evidence, which shows in- Considerable evidence shows that teacher everywhere, the states and federal govern- stances where differences in pupil-teacher quality is one of the most important factors ment could team together to mandate more ratios appear important, suggests just the in student achievement. Whether or not extensive random-assignment trials and opposite. All things being equal, teachers are large-scale reductions in class size help or evaluation of the benefits of lowered class probably more effective with fewer students hurt will depend mostly on whether the new sizes, a` la Tennessee. because they can devote more attention to teachers are better or worse than the exist- More usefully, they could work to develop each child. But all things are not equal. Ex- ing teachers. Unfortunately, class-size reduc- a series of experiments that investigates al- isting teachers may well not adjust their tion proposals usually are not accompanied ternative incentive schemes—from merit pay classroom behavior with fewer children in by plans to recruit qualified teachers, and to private contracting to wider choice of the classroom, and new teachers hired to the current organization of schools and in- schools. A new program of trials with altered staff the additional smaller classes may not centives to hire and retain teachers do little performance incentives could place an indel- be as good as existing teachers. There may to ensure that the teacher force will im- ible positive stamp on the nation’s future by be situations—of specific teachers, specific prove. Reducing class sizes may likely have committing to learning about how schools groups of students, and specific subject mat- a negative effect by increasing the quantity can be improved. Today we do not know ters—where the huge expense of smaller of teachers at a time when what we need enough to develop an effective program of classes may be very beneficial for student most is to increase teacher quality. improvement. Nor will continuation of past achievement. At the same time, there are Furthermore, although there is an overall research programs help, because they must other situation where a large scale class-size teacher surplus in the United States, high rely upon the existing structure of schools reduction policy could take away from other poverty districts often face teacher short- with the existing incentives (or lack of in- education priorities and result in stagnant ages. In California, this situation has been centives). or worse student achievement. exacerbated by the state’s class-size reduc- The issues of incentives and of devising The complexity of the situation is that we tion policy where wealthier districts have ways to obtain appropriate information is do not know how to describe a prior situa- raided teachers from poorer districts. set out in more detail in Making Schools tion where reduced class size will be bene- The Clinton Administration proposal call Work.6 These are clearly complicated issues ficial. It makes little sense to dictate an for states to adopt training and certification that would require considerable change in across-the-board class-size reduction policy procedures that have been evaluated and focus by the federal and state governments— from Washington. A national policy can only tested. Simply trying to raise certification turning from trying to dictate how schools expect average gains, which appear to be standards in the current system is unlikely do their jobs to setting up incentives for very small, at a great expense. to raise teacher quality. Indeed, certification good performance. Contributors to Making It is also important to remember that bad as practiced today already deters too many Schools Work also openly admit that there implementation can actually worsen talented individuals from teaching, and are many gaps in our knowledge and that achievement. When California implemented teachers are rarely held accountable for stu- improving education is more likely if we at- its large-scale class reduction last year, the dent performance. Moreover, some states tack the knowledge problems directly in- state scrambled to hire thousands of new may actually have to lower certification stead of continuing policies that we know do teachers; 31 percent of Claifornia’s new standards just to attract enough teachers for not work. teachers are working with only emergency each classroom. If we are to have a real im- INVESTING IN SCHOOLS credentials, with a disproportionate number pact on teaching, we must evaluate actual working in urban districts. Due to lack of teaching performance and use such evalua- There are powerful reasons to expand and space, some schools have resorted to placing tions in school decisions. We cannot rely on improve investment in human capital. Edu- two teachers in a single classroom with forty requirements for entry, but must switch to cational investments are in fact very impor- students.3 using actual performance in the classroom.4 tant for the U.S. economy, which has been Much of the case for reduced class size SUPERIOR APPROACHES built on a skilled labor force and has capital- ized on the presence of skills, making human rests on ‘‘common-sense’’ arguments. With The states and federal government are in a capital investments very important to the fewer students, teachers can devote more at- unique position to initiate programs that economy. Moreover, many authors show that tention to each child and can tailor the ma- promise true improvement in our schools. the labor market value of the increased terial to the individual child’s needs. But They are not programs that mandate or push skills, as measured by schooling level, has consider, for example, a movement from local schools to adopt one-size-fits-all ap- increased dramatically in recent years. This class size of 26 to class sizes of 23. This rep- proaches—such as lowering overall class valuation demonstrates that the economy resents an increase in teacher costs alone of sizes or altering the certification of teach- continues to need an evermore skilled labor over ten percent. It is relevant to ask wheth- ers. Instead they are programs that develop force. Economists have recently spent con- er teachers would in fact notice such a information about improved incentives in siderable time and effort trying to under- change and alter their approach. The obser- schools. vational information from Project STAR The largest impediment to any construc- stand why some countries grow faster than suggested no noticeable changes in typical tive change in schools is that nobody in to- others, and the majority opinion is that a teacher behavior from the much larger day’s schools has much of an incentive to nation’s stock of human capital is an impor- changes in the experiment. improve student performance.5 Careers sim- tant component of differential growth rates. The small classes in California have 20 stu- ply are not made on the basis of student out- In addition, Americans have long thought of dents in them—about the size of the large comes. The flow of resources is not related education as a primary ingredient in provid- classes in STAR. No evidence from STAR re- positively to performance—indeed it is more ing equality of opportunity to society—as a lates to the likely effects of such a policy likely to be perversely related to perform- way of cutting down or breaking change. Indeed, the STAR study was based ance. Let us return to class size proposals for intergenerational correlations of income and on previous research which suggested that a a moment. Given that school incentives do of trying to provide opportunity to all of so- class size of 15 or fewer would be needed to not push toward better student performance ciety. Taken together, these provide impor- make a significant improvement in class- or toward conserving on expenditures, it is tant and relatively uncontroversial reasons room performance. The Clinton Administra- little wonder that decisions about class size for us to continue our attention to edu- tion proposals point to class sizes of 18, in- are made on the basis of ‘‘fairness’’ and not cation. stead of the 20 in California, but they still do productivity. After all, would it be fair to Acknowledging the need for investment not get down to the STAR levels. some teachers to have to teach large classes does not, however, lead to unqualified sup- The policy issue is not defined exlusively or to some students to have less attention in port for any policies labeled ‘‘investment in by whether we should expect positive effects a larger classroom? If schools were more mo- our youth’’ or ‘‘school improvement.’’ Re- from reducing class sizes. Even if we were tivated toward performance, the discussion cent policy discussions have been laced with confident of positive effects, the case for might shift to identifying those situations programs that fundamentally involve hap- general policies to reduce class size would where changing class sizes would have their hazard and ineffective spending on schools not yet be made. Class-size reduction is one largest impact. For example, reducing kin- and that offer little hope for gains in of the most expensive propositions that can dergarten class sizes might be important in achievement. The current set of class size be considered. The policy experiment of communities that lack preschools; commu- proposals falls into this category. President Project STAR involved increasing the num- nities that face teacher shortages might in- Clinton should leave class size policy to ber of classroom teachers by one-third, a pol- stead raise teacher salaries in order to im- schools and districts, and remain faithful to icy with massive spending implications if prove their applicant pools and recruit more his greatest achievement in education pol- implemented on a widescale basis. In rec- qualified teachers. icy: redefining the goal of school reform as ognition of fiscal realities the expense of The unfortunate fact is, however, that we results, not merely spending. such policies puts natural limits on what is have little experience with alternative in- ENDNOTES feasible, leading many reductions to be in centive structures. A very productive use of 1 Pupil-teacher ratios differ from class size for a the end rather marginal . Marginal changes, state and federal funds would be to conduct variety of reasons including the provision of special- however, are even less likely to lead to un- a series of planned interventions that could ized instruction (as with special education), the use derlying changes in the behavior to teachers. be used to evaluate improvements. Mini- of teachers in supervisory and administrative roles, S12482 CONGRESSIONAL RECORD — SENATE October 14, 1998 and the contractual classroom obligations of teach- Mr. ENZI. I ask unanimous consent telligible. I asked questions about ers. Nonetheless, even though we have little longitu- dinal data for class sizes, average class size will tend to be able to speak up to 12 minutes, to them. I got a letter from the White to move with pupil-teacher ratios. be followed by Senator DEWINE for up House Counsel’s Office that said that 2 A more detailed discussion of the evidence along to 20 minutes. public disclosure of the real terms with citations for the relevant work can be found in The PRESIDING OFFICER (Mr. GOR- would set an unfortunate precedent Eric A. Hanushek, The Evidence on Class Size, Occa- sional Paper No. 98–1, W. Allen Wallis Institute of TON). Is there objection? Without objec- that could chill the free flow of inter- Political Economy, University of Rochester, Feb- tion, it is so ordered. The Senator is nal discussions essential to effective ruary 1998. The complete text is also available at recognized to speak for up to 12 min- executive decisionmaking. http://petty.econ.rochester.edu. utes. In other words, the White House 3 Edward Wexler, et al. California’s Class-size re- duction: Implications for Equity, Practice & Imple- Mr. ENZI. Thank you, Mr. President. can’t really share the numbers with us mentation. WestEd and PACE, March 1998. f because we, the Congress, would have a 4 See Dale Ballou and Stephanie Soler: Addressing chilling effect on policy-making? That the Looming Teacher Crunch: The Issue is Quality. EIA COST ESTIMATES ON GLOBAL is our realm. We need to have the data Washington, DC: Progressive Policy Institute, Feb- WARMING ruary 1998. on which to operate. And the White 5 A full discussion of the issues of incentives and of Mr. ENZI. Mr. President, we have House is the one in charge of providing experimentation is found in Eric A. Hanushek with been talking about the budget and the that data. others. Making Schools Work: Improving Perform- way that the President of the United ance and Controlling Costs. Washington, DC: Brook- We have a credibility gap. We have a ings Institution, 1994. States wants to spend Social Secu- credibility gap with the administra- 6 Ibid. rity—the surplus. I want to talk to you tion. [From the News Journal, Sept. 4, 1998] about that in another line—the way I think it is interesting to compare EXHIBIT 2 that the White House wants to raise the cost estimates from the White MICROMANAGEMENT BY LEGISLATORS IS your taxes, and the way they are going House with the cost estimates from the MOCKERY OF REAL SCHOOL REFORM to do it in November in a very subtle independent Energy Information Ad- Reducing the size of classes is popular with way. I am going to talk to you about ministration, part of the administra- parents and, in some cases, teachers. It of- jobs—your jobs—and the effort that is tion. The White House says the annual fers politicians a way to make headlines that underway by the White House to shift average increase in household energy please constituents. your job overseas. The White House has would be $70 to $110. But most respected academic research sug- been denying that. I know that the En- I have a little chart. This shows a few gests that reducing classes by one or two ergy Information Administration con- of the studies that have been done on students has virtually no impact on the quality of instruction. firms it, and how we will not only shift global warming. The red line is the ad- Nonetheless, this year the General Assem- your job overseas, but we are going to ministration. You will notice that all bly mandated that Delaware’s public school charge more for everything that you of them that have been done are on the classrooms be limited to 22 students. The buy. very bottom level. This is the one that idea was pushed by Rep. Timothy Boulden, Let me explain how this works. The says it is only going to cost you $70 to R–Newark, who no doubt thought he was new Energy Information Administra- $110 a year. The blue line is the Energy doing the right thing. He wasn’t. He was pan- tion estimate is very important for a Information Administration, part of dering to parents who don’t understand the couple of reasons. It proves that the issue any more than he does. Research sug- the administration. This blue line, you gests that a home environment that encour- White House is using funny numbers on will notice, appears at the top of the ages learning is the most important factor in global warming. In my opinion, it also list. That is what they say it is going success in school. But the government can’t points out that we are spending a lot of to cost you —$335 to $1,740 per year per do much about that. time debating the details of a treaty family. Next comes teachers. It’s no surprise that that is fundamentally flawed. I have al- The White House says gasoline would a highly qualified teacher has enormous im- ways said that something not worth only go up to $1.31 a gallon. The Energy pact on students. And that’s a factor state doing at all is not worth doing well. Information Administration says $1.91 government can do something about. But The administration has already bought a gallon. legislators and other reformers have refused to deal with it in any meaningful way this the global warming treaty, and now we How about fuel oil? That is some- year. are trying to figure out how to pay for thing our friends in the Northeast There is discussion about increasing quali- it. We are trying to figure out how to worry about. The White House says, fications for teacher certificates, regular re- make it work. It is as if we decided to ‘‘Don’t worry, it will only go up to certification thereafter and continuing pro- sink the mother ship and now we need about $1.17 a gallon.’’ The Energy In- fessional development. to figure out the cheapest way to res- formation Administration says it will Teachers’ salaries also must be part of im- cue all of the people. go up to $1.90 a gallon. Who do you proving this standard. Delaware pays its Mr. President, it is easy. Don’t sink want to believe? The administration’s teachers too little. We’re losing some of the best and brightest to neighboring states. the ship. Sink the treaty. It is like say- low numbers or the administration’s This, too, is something the General Assem- ing that the Titanic is going down and high numbers? You are the one paying bly can do something about—but doesn’t. we need to reorganize how the deck the bill; which one would you trust? Instead, it micromanages school systems chairs are placed. I wanted you to know what kind of with bills like Rep. Boulden’s class-size I came to the floor in July and raised assumptions the Council of Economic measure. It’s quick, easy, relatively inexpen- serious doubts about the numbers that Advisers used. How did they get things sive and popular. But smaller classes aren’t were dreamt up by the Council of Eco- to look so rosy? It turns out they significant unless the numbers go down to 15 nomic Advisers. The council chairman, brought the cost down using two or fewer students. That would cost hundreds of millions of dollars (The current 22-student Janet Yellen, has testified twice that tricks. Their own internal report said mandate cost $6.5 million.) Kyoto would cost American families they had to figure out some way to Most school districts are having difficulty somewhere between $70 and $110 per bring down the cost or it would not be meeting that mandate as it is, in part be- year. I don’t know how you feel about feasible. They already bought the trea- cause it came well after they had planned it, but the people in Wyoming think ty, now they have to figure out why the 1998–1999 school year. Many more class- that $70-odd to $110 per year more for they bought the treaty. They want the rooms are required in some districts, and Government taxes is a lot. But I want American people to think they got a others have had to shift art, music and phys- to point out that the independent good deal for you. ical education. Others might have to dismiss librarians and counselors. economists put those costs as high as The two tricks they use are elec- It’s ridiculous. The General Assembly does $2,100 per year per household. That is a tricity deregulation and emissions the most harm when it micromanages state pretty good, hefty tax. And it is a $2,000 trading. That is how they make it seem agencies. It should set broad goals and high difference from what the administra- to cost less, even though I thought we standards, and then give the professionals tion is saying that it will amount to. wanted to deregulate electricity to the tools they need to achieve them. I have tried to get the real numbers save the people back home money. Mr. ENZI addressed the Chair. on this before. I have been stonewalled What we are going to do is deregulate The PRESIDING OFFICER. The Sen- by the White House. Then I finally got it and use that money to pay for the ator from Wyoming. some numbers that were rather unin- global warming treaty. I guess now we October 14, 1998 CONGRESSIONAL RECORD — SENATE S12483 need to go back and tell them that the I got to meet with those nations that I yield the floor. money is already spent if we deregu- are island nations; if global warming The PRESIDING OFFICER (Mr. JEF- late, and it has to be deregulated be- happens, they will be inundated by FORDS). Under a previous order, the cause we have to spend the money. water. They are not going to be a part Senator from Ohio is recognized for 20 That seems to happen a lot around of the treaty. If this were a real prob- minutes. here. lem and your country was going to be Mr. DEWINE. Mr. President, let me Then the emissions trading scheme, inundated by water, wouldn’t you sign first congratulate my colleague from that one takes the cake. Each of the the treaty? Wouldn’t you push every Wyoming for a very eloquent and very cost estimates I have seen include a nation in the world to sign the treaty? thoughtful statement about a very se- range of credit trading scenarios. The I can tell you, they are not, which tells rious issue, a very serious problem. assumption is the more credits we can you what they think about global f buy, the cheaper it will be to meet our warming. It is a way to get jobs. It is a way to WESTERN HEMISPHERE DRUG Kyoto commitments. That is the as- ELIMINATION ACT sumption: The more we buy, the cheap- sell emission credits. The whole world er it gets. That is like going to the is not participating and the Earth will Mr. DEWINE. Mr. President, 2 weeks mall and saving money by taking ad- not be saved because the treaty will ago we introduced the Western Hemi- vantage of as many sales as you can. not reduce carbon emissions. In fact, sphere Drug Elimination Act. This bi- You still spend the money. we cannot even get the developing partisan legislation, which now has The Energy Information Administra- world to abide by copyright treaties, over one-third of the Senate as cospon- tion says the credits will cost us $70 to what makes anybody think they will sors, calls for an additional $2.6 billion $350 a term. In people terms, that is 15 abide by an emissions treaty even if investment in international counter- cents to 70 cents a gallon of gas, up to they sign it? Oh, no, the joke will be on narcotics efforts over the next 3 years. an 80 percent increase in your elec- us. It will be on the American people. With the additional resources provided trical bill. And we thought deregula- We are planning to pay China for a in this legislation, we can begin to re- tion would save us some money. piece of paper that says, ‘‘We reduced store a comprehensive eradication, The range is as a result of not know- our emissions by 1 ton so you can in- interdiction, and crop substitution ing how many countries will partici- crease yours by 1 ton.’’ And we will pay strategy. I say ‘‘restore.’’ I say restore pate. If we have to buy all our credits them for that right. That is what it because we currently are not making only from Europe and Russia, they are says. the same kind of effort to keep drugs going to be very expensive. That puts What are we going to do if they just from entering the United States that us in the $350-per-ton range. If we get take the money and keep on polluting? we used to. Drugs are now easy to find countries like China and India to sell And they have assured us they would. and easy to buy. As a result, the amount of drugs sold on our streets and us their emission credits, we can get Are we going to send in troops and de- the number of people who use drugs, that cost down to $70. That is the as- mand our money back? The Energy In- particularly our young people, is at an sumption. formation Administration has pointed Do you know why they will sell us out that this treaty would cost Amer- unprecedented high level. The facts theirs for so low a price? They don’t ican families between $350 and $1,740 demonstrate the sobering trends. The August 1998 National Survey of have any ceiling. Last year I went to per year. That is what the private Drug Abuse report by the Substance Kyoto. I got to meet with the Chinese economists have been saying. And it Abuse and Mental Health Administra- delegation. By the year 2012 they are will eliminate jobs. I urge my colleagues to get a copy of tion lists the following disturbing going to be the biggest polluters in the this report and read it. In November facts: One, in 1997, 13.9 million Ameri- whole world and they will not be a part the administration will go to Buenos cans age 12 and over cited themselves of the treaty. Why not? They are a de- Aires, Argentina, to continue negotia- as ‘‘current users’’ of elicit drugs, a 7 veloping nation. They cannot be put tions on the Kyoto treaty. They plan to percent increase over 1996’s figure of 13 under those constraints. I asked them work out emissions trading enforce- million Americans. That translates to when they would be done being a devel- ment provisions. These are two critical nearly a million new users of drugs oping nation. They said, ‘‘Never.’’ Good parts of how this treaty will hurt each year. negotiating. They even developed a American families. People need to be Second, from 1992 to 1997, the number fine system so that if we pollute, we mindful of this process. People need to of children age 12 to 17 who were using get fined, and the money goes to, guess protest this process. Now is the time, illegal drugs has more than doubled who, the developing nations. They get not during the negotiations, not after and has increased by 27 percent, just the money that way. the President has signed and sent a from 1996 to 1997 alone. Now there is another scheme—sell treaty here that we have already said, For children age 12 to 17, first-time credits. We buy the right to pollute 95 to 0, does not meet the requirements heroin use—which as we all know can from China and the developing nations. for the economy in the United States, be fatal—surged an astounding 875 per- They will sell it to us for just $70 a ton that it is just selling our economy. cent, from 1991 to 1996. The overall because they have no limit. They are A study conducted by DRI–McGraw- number of past-month heroin users in- not really selling a quantity. They can Hill estimated Kyoto could cost us 1.5 creased 378 percent from 1993 to 1997. sell as many units as they want. They million jobs. Charles River Associates We cannot in good conscience and are already polluting; they can con- put that figure as high as 3.1 million with a straight face say that our drug tinue to pollute. Good deal for us? That jobs by 2010. control strategy is working. It is not. is what the White House says we can Even the Argonne National Labora- More children are using drugs. With an do. We will pay China so we can have tory, pointed to job losses in a study on abundant supply, drug traffickers now the right to drive our cars and turn on the impact of higher energy prices on are seeking to increase their sales by our lights. We will pay China so we can energy-intensive industries. Argonne targeting children age 10, 11, 12. This is drive when we want to and where we concluded that 200,000 American chemi- nothing less than an assault on the fu- want to. Just pay China and you can cal workers could lose their jobs. All of ture of our children, on our families, turn on all your Christmas lights the American aluminum plants could and on the future of our country itself. whenever you want. They will already close, putting another 20,000 workers This is nothing less than a threat to have the jobs. out of work. Cement companies would our national values and, yes, even our In theory, China will limit its own move another 6,000 jobs overseas. And national security. emissions at some future level. In the nearly 100,000 U.S. steel workers would All of this, though, begs the question: meantime, they will sell us permits, in be out of work. What are we doing wrong? Clearly theory. In theory the whole world Americans have a right to know what there is no one, simple answer. How- would participate and we would reduce is going on, even if the Office of White ever, one thing is clear: our overall the growth of carbon emissions and House Counsel does not think so. They drug strategy is no longer balanced; it save the Earth from certain devasta- should have a chance to see who is is imbalanced. To be effective, our na- tion—in theory. playing with their livelihoods. tional drug strategy must have a S12484 CONGRESSIONAL RECORD — SENATE October 14, 1998 strong commitment in the following is still there, and the figures still show Not surprisingly, the level of drugs three areas. One is demand reduction, that. moving through Haiti has dramatically which consists of prevention, treat- In the President’s proposed $17 bil- increased. A U.S. Government inter- ment and education programs. These lion drug control budget for 1999, 34 agency assessment on cocaine move- are, of course, administered by all lev- percent will be allocated for demand ment found that the total amount of els of government: Federal level, State reduction, 52 percent for law enforce- cocaine coming from the United States level, and the local community as well ment, and 14 percent for international through Haiti jumped from 5-percent in as nonprofit and other private organi- and interdiction efforts. Those are the 1996 now up to 19 percent by the end of zations. The second component is do- numbers. But what really matters is 1997. mestic law enforcement which, again, what these numbers get you, what they In response to that, we initiated a has to be provided by all three levels of buy, in terms of resources. The hard U.S. law enforcement operation called government. And finally, No. 3, inter- truth is that our drug interdiction Operation Frontier Lance. Operation national eradication and international presence —the ship, the air, and the Frontier Lance utilized Coast Guard interdiction efforts, which is the sole manpower dedicated to keeping drugs cutters, speed boats, and helicopters to responsibility of the Federal Govern- from reaching our country—has eroded detect and capture drug dealers on a 24- ment, our sole responsibility. dramatically, and here are just a few hour-per-day basis. This operation was These three components are really examples. modeled after another successful inter- all interdependent—you need them all. One, the Department of Defense fund- diction effort that was first done off A strong investment in each of them is ing for counternarcotics decreased the coast of Puerto Rico, and that op- necessary for each to work individually from $504.6 million in 1992 down to $214 eration was called Operation Frontier and to work collectively. For example, million in 1995. That is a 57-percent de- Shield. Both these operations were a strong effort to destroy or seize drugs crease in only a period of 3 years. As a done in two different time periods. Op- at the source or outside the United result, flight hours by our AWACS eration Frontier Shield utilized nearly States, both reduces the amount of planes dropped from 38,100 hours in 1992 2 dozen ships and aircraft, and Oper- drugs in the country and drives up the down to 17,713 hours by 1996, a 54-per- ation Frontier Lance utilized more street price. As we all know, higher cent reduction. than a dozen ships and helicopters. Another example: At the beginning of prices will in fact reduce consumption. To make Operation Frontier Lance the decade, the U.S. Customs Service This, in turn, helps our domestic law work ultimately required that we bor- operated counternarcotics activities enforcement and demand reduction ef- row a few ships and helicopters from around the clock. This made sense be- forts. operations elsewhere in the Caribbean. cause drug trafficking is a 7-day, 24- As any football fan can tell us, a win- Because of our scarce resources, frank- hour enterprise. Today, the Customs ning team is one that plays well at all ly, we had to rob Peter to pay Paul, as Service does not have the resources to three phases of the game—offense, de- they say. But these operations pro- maintain these around-the-clock oper- fense, and special teams. duced amazing results. The 6-month ations. In a recent hearing on our legis- The same is true with our antidrug operation in Puerto Rico resulted in lation, the original piece of legislation strategy. All three components have to the seizure of more than 32,000 pounds we introduced, a representative of the be effective if our strategy is going to of cocaine and 120 arrests. The 3-month U.S. Customs Service testified that the be a winning effort. operation in Haiti resulted in 2,990 Customs Service has 84 boats in the Mr. President, while I think the cur- pounds of cocaine seized and 22 arrests. Caribbean in drug apprehension efforts, rent administration has shown a clear Mr. President, these operations dem- and that is down from 200 vessels in onstrate we can make a big dif- commitment to demand reduction and 1990—200 down to 84. ference—a big difference—if we provide domestic law enforcement programs, The Customs Service estimates that the right levels of material and the the same, sadly, cannot be said for the they expect to have only half of the right levels of manpower to fight drug international eradication and interdic- current fleet of 84 vessels by the year trafficking. They worked. tion components. This was not always 2000, if present trends and projections Having had this success, one would the case. Let me turn to a chart. continue—half again. think that these operations would In 1987, a $4.79 billion Federal drug These, I believe, are shocking statis- serve as a model for the entire region, control budget was divided as follows: tics, and, perhaps more than the budg- that we would be able to duplicate 29 percent for demand reduction pro- et numbers themselves, these statistics them, replicate them. Instead of main- grams; 38 percent for domestic law en- demonstrate the imbalance in our over- taining these operations, we ended forcement; and 33 percent, one-third, all drug strategy. We have to have a them. This potential roadblock on the for international eradication and inter- balanced strategy. All portions are cocaine highway is no more. Now in diction efforts. This balanced approach needed. Puerto Rico, we only have a combined worked. It achieved real success. Lim- I have witnessed the lack of our re- total of six air and sea assets doing iting drug availability through inter- sources and commitment in the region maintenance operations. diction drove up the street price of firsthand. This past year, I traveled to So this figure, Mr. President, rep- drugs, reduced drug purity levels and, the Caribbean several times to see our resented by these helicopters and ships consequently, reduced overall drug use. counternarcotics operations there. I has been dramatically changed. That is From 1988 to 1991, total drug use de- met with the dedicated people on the what has happened. That has been the clined by 13 percent, cocaine use front lines of our drug interdiction ef- change—down to six in that region. dropped by 35 percent, and there was a forts. I witnessed our strategy in ac- In Puerto Rico today, we only have a 25-percent reduction in overall drug use tion and sat down with the experts, combined total of six air and sea assets by adolescent Americans. both military and civilian—our experts doing maintenance operations. This balanced approach, however, who are charged with carrying out the In Haiti and the Dominican Repub- ended in 1993, and by 1995 the $13.3 bil- monitoring, the detection, and the lic—off the coast of Haiti and the Do- lion national drug control budget was interdiction of drugs. minican Republic—we only have one divided as follows: 35 percent for de- On one of my recent trips, I saw, in ship and one helicopter devoted for the mand reduction, 53 percent for law en- particular, Haiti has become the at- drug operation. That is what we are forcement, but only—only—12 per- tractive rest stop on the cocaine high- down to here—just one. So we can take cent—only 12 percent for international way. You can tell, when looking at the all of these off at once. interdiction efforts. map, why that would be. It is strategi- We should keep in mind also that Though the overall antidrug budget cally located about halfway between since refugees remain a major problem increased almost threefold from 1987 to the source country, Colombia, and the in this area, these very few vessels are 1995, the percentage allocated for inter- United States. As the poorest country not dedicated solely and exclusively to national eradication and interdiction in the hemisphere, it is extremely vul- the antidrug effort. Amazingly, no efforts decreased dramatically. This nerable to the kind of bribery and cor- sooner than we built an effective wall disruption only recently has started to ruption that the drug trade needs in against drug traffickers we tore it change. Unfortunately, the imbalance order to flourish. down. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12485 While in the region, I was surprised resources and risk the lives of their law these items are detailed, practically to learn in the eastern Pacific, off the enforcement officers to stop drug traf- item per item and dollar amount, in coast of Mexico and Central America, ficking unless we provide the leader- the United States Interdiction Coordi- the coast is literally clear for the drug ship and the resources necessary to nator report, known as USIC, which lords to do their business. This is, make a serious dent in the drug trade. was originally requested by the drug without a doubt, unacceptable. That Our bill is designed to provide re- czar. whole region—that whole region—is sources and to demonstrate to our The new drug bill that we have intro- literally clear for the drug lords, the friends in the Caribbean and in Central duced represents a good-faith effort by entire eastern Pacific. and South America that we intend to the sponsors of this legislation to get Again, we have no presence there be- lead once again. With this legislation, something done this year. It includes cause we lack the resources. An inter- we can once again make it difficult for almost all of the changes made in the diction plan does exist for the region drug lords to bring drugs to our coun- House-passed bill and incorporates vir- which would involve the deployment of try and make drugs far more costly to tually every suggestion made by the several ships and planes in the region. buy. drug czar. Of central concern to the This operation, however, unfortu- It is clear drug trafficking imposes a general, as he expressed in his recent nately, was canceled. It was canceled heavy toll on law-abiding citizens and testimony before the Senate Foreign before it even got started because the communities across our great country. Relations Committee, was the need for resources were needed elsewhere. To It is time we make it a dangerous and greater flexibility. And I agree and I date, the coastal waters in the eastern costly business once again for drug understand. Pacific remain an open sea expressway traffickers themselves. A renewed in- Our new bill provides flexibility for for drug business. vestment in international and interdic- the agencies to determine and acquire Mr. President, through my visits to tion programs will make a huge dif- the assets best needed for their respec- the region I have seen firsthand the ference, both in the flow and the cost tive drug interdiction missions. It also dramatic decline in our eradication of illegal drugs. It worked before and provides more flexibility for the ad- and interdiction capacity. The results we believe it can work again. ministration in providing needed re- of this decline have been a decline in As I said at the beginning, my col- sources to Latin American countries. cocaine seizures, a decline in the price leagues and I reintroduced this legisla- Mr. President, thanks to the sugges- of cocaine, and an increase in drug use. tion a few weeks ago. Since we intro- tions we have received, the bill is a bet- This has to stop. It is a clear and immi- duced our original bill in July, we have ter bill. It has far more bipartisan sup- nent danger to the very heart of our so- received a number of suggestions on port than the first version. Again, the ciety. That is why this legislation is ways to improve the legislation, in- growing support for this legislation is not surprising. This is not a partisan timely. We need to dedicate more re- cluding several provided in conversa- issue. We need to do more to fight sources for international efforts to help tions I personally had with Gen. Barry drugs outside our borders. reverse this trend. McCaffrey, the Director of the Office of But let’s be frank. In this antidrug I want to make it very clear, as I National Drug Control Policy. effort, Congress is the antidrug funder think I have time and time again, that Mr. President, I ask unanimous con- but the agencies represented here—the I strongly support our continued com- sent for 5 additional minutes to con- Drug Enforcement Administration, mitment in demand reduction and in clude my remarks. Customs, Coast Guard, State and De- law enforcement programs. In the end, The PRESIDING OFFICER. Without fense Departments, and the Drug Czar’s I believe that reducing demand is the objection, it is so ordered. Office—they are the antidrug fighters. only real way to permanently end ille- Mr. DEWINE. I thank my colleagues They are the ones who are doing the gal drug use. However, this is not going and I thank the Chair. job. The dedicated men and women of Some of these suggestions we incor- to happen overnight. That is why we these agencies are working to keep porated in the House bill first intro- need a comprehensive counterdrug drugs out of the hands of our children. duced by Congressman BILL MCCOLLUM strategy that addresses all components And all we are trying to do is to give of Florida and Congressman DENNIS of this problem. them the additional resources they re- There is another fundamental reason, HASTERT of Illinois. The House passed quested to make that work result in a why the Federal Government must do the McCollum-Hastert bill with over- real reduction in drug use. This bill is more to stop drugs, either at the whelming bipartisan support. The final just the first step in our efforts to source or in transit, as they are coming vote was 384–39. Clearly, the over- work with the agencies represented into the United States. If we do not, no whelming bipartisan show of support here. I expect to do more in the future. one else will. Let me remind my col- for the Western Hemisphere Drug Finally, Mr. President, I want to leagues that our antidrug efforts here Elimination Act is a wake-up call—a make it clear that while this bill is an at home are done in cooperation with wake-up call—for leadership. It is time authorization measure, I have already State and local governments and scores the United States once again led the started the process to request the of nonprofit and private organizations. way in a comprehensive and balanced money needed for this bill over 3 years. However, only the Federal Government strategy to reduce drug use; and the Even though we introduced the bill for has the ability and the responsibility time for leadership is now. the first time in late July, we have al- to keep drugs from crossing into this Since House passage of the bill, I ready secured $143 million through the country. Only the Federal Government have reached out once again to the Senate passed fy 1999 appropriation has the ability to help deal with the drug czar and to my friends on the measures. Senators COVERDELL, problem at the source level. Only the Democrat side of the aisle to try to de- GRAHAM of Florida, GRASSLEY, BOND, Federal Government has the ability to termine how we can work together to FAIRCLOTH, and myself requested these stop drugs in the transit routes. That strengthen our drug interdiction ef- funds through the various appropria- is our responsibility, and the buck forts and our overall antidrug strategy. tion measures. should stop here. Again, we have received very construc- Given that it will take some time to But, it is not just an issue of respon- tive suggestions, and I am hopeful this dedicate some of our larger assets, such sibility. I think it is an issue of leader- dialogue will yield positive results in as boats, airplanes, and helicopters, we ship. The United States has to dem- the future. need to start investing in these re- onstrate leadership on an international Mr. President, the resources we sources as soon as possible. level if we expect to get the full co- would provide in our legislation should I recognize that even as we finally operation of source countries, where be of no surprise to anyone involved in are beginning to balance our budget, the drugs originate, countries such as our drug control policies. The vast ma- we still have to exercise fiscal respon- Colombia, Peru and Bolivia, as well as jority of the items in this bill are the sibility. I believe effective drug inter- countries in the transit zone, including very items which the Drug Enforce- diction is not only good social policy, Mexico and the Caribbean island gov- ment Administration, the Coast Guard it is sound fiscal policy as well. It is ernments. There is little incentive for and Customs Service have been re- important to note that seizing or de- these countries to invest their limited questing for quite some time. Many of stroying a ton of cocaine in source or S12486 CONGRESSIONAL RECORD — SENATE October 14, 1998 transit areas is more cost-effective unanimous consent to speak for up to agreement on Kosovo worked out 2 than trying to seize the same quantity 15 minutes. I certainly understand days ago by Ambassador Richard of drugs at the point of sale. But more there were Senators here before me, Holbrooke with Yugoslav President important, are the short and long term and I am happy to wait until after the Slobodan Milosevic, after more than a costs if we do not act to reverse the Senator from West Virginia and the week of intensive negotiations. tragic rise in drug use by our children. Senator from Delaware are finished. I might note that it seems at every Let me remind my colleagues that Mr. BYRD. Mr. President, I ask unan- important point in our history we have there are more than twice the number imous consent that upon the comple- diplomats and elected officials who rise of children aged 12 to 17 using drugs tion of my remarks, the distinguished to the occasion to meet the needs of today than there were 5 years ago. Senator from Oregon be recognized for the Nation. I would like to suggest With more kids using drugs, we have not to exceed 15 minutes, and that he that Richard Holbrooke is the right more of the problems associated with be followed by the distinguished Sen- man, at the right time, at the right youth drug use—violence, criminal ac- ator from Texas, Mr. GRAMM, for not to spot. I compliment him. We are fortu- tivity, and delinquency. Children are exceed 30 minutes. nate to have his diplomatic skills dying—either from drug use or drug-re- The PRESIDING OFFICER. Is there available to this Nation at this mo- lated violence. We will have more of objection? ment. the same unless we take action now to Mr. DEWINE. Mr. President, I may On Monday, NATO’s 16 member na- restore a balanced drug control strat- have to object at this point. It is my tions voted unanimously for what they egy. We have to have all the compo- understanding that there are speakers call an ACTORD. That is military ter- nents of our drug strategy working ef- coming over on our side. Maybe we can minology for an activation order, fectively again. work an arrangement out to alternate which allowed the Supreme Allied We did it before and we succeeded. back and forth. Commander in Europe, U.S. General Mr. BYRD. Mr. President, I didn’t ob- If we pass the Western Hemisphere Wes Clark, to order airstrikes, which ject to the Senator asking for his time. drug elimination bill we can take the reportedly would begin with cruise Mr. DEWINE. Mr. President, if I missiles and escalate to a phased first step toward success. We can pro- could make a suggestion that we have bombing campaign that would move vide the resources, and most impor- the three Senators who are on the floor tantly, the leadership to reduce drugs now, lock that time in, but with the beyond Kosovo. Because this action order was taken, at the source or in transit. understanding that, beyond that, we I believe, and only because of this, our In the end, Mr. President, that is would then begin to go back and forth. what this bill is about—it is about Mr. BYRD. Mr. President, if the Sen- negotiator, Mr. Holbrooke, was able to leadership—effective leadership. We ator knows of a Senator who wishes to get an agreement from Mr. Milosevic, have an opportunity with this legisla- speak, that is one thing. I know Sen- the criminal President of the Republic of Yugoslavia, to agree to certain of tion to show and exercise leadership. I ator GRAMM wants to speak for 30 min- hope we can seize this opportunity to utes. He inquired through a staff per- NATO’s demands. In response, the alli- stop drug trafficking, and more impor- son as to whether or not I would make ance has postponed launching the air- tant, to save lives. the request for him. I hope the Senator strikes, which have been authorized for 4 days, in order to assess whether or The PRESIDING OFFICER (Mr. will not object to Mr. GRAMM following GREGG). Under the previous order, the the Senator from Oregon. not he, Mr. Milosevic, will comply. I senior Senator from West Virginia is Mr. DEWINE. Mr. President, I will assure you that he will not comply if recognized for up to 5 minutes. not object. he believes we are not serious about f Mr. BYRD. I thank the Senator. using significant force. The cruise mis- The PRESIDING OFFICER. The Sen- siles are now on immediate standby; B– ORDER OF PROCEDURE ator from Delaware is recognized. 52s stand ready on the runway equipped Mr. BYRD. Mr. President, I thank f with cruise missiles to move if the Chair. There was no previous order Milosevic fails to meet his commit- that I be recognized, but I still thank THE SITUATION IN KOSOVO ments. The cruise missiles are now in the Chair, and I hope I am recognized. Mr. BIDEN. Mr. President, let me immediate standby until Friday The PRESIDING OFFICER. The Sen- begin by thanking the distinguished evening, U.S. eastern daylight time. ator from West Virginia is recognized. Senator from West Virginia for allow- In addition, more than 400 allied air- Mr. BYRD. I thank the Chair. ing me to go first. Mr. President, the craft, the majority of them American, Now, Mr. President, the Senator from reason I didn’t say anything initially is remain available for a phased air cam- Delaware, Mr. BIDEN, actually was here because I hoped to be able to still make paign, should that later become nec- before I was, which does not mean any- my commitment in Delaware and hear essary. thing under the Senate rules, but we the Senator from West Virginia. I Mr. President, let me give my assess- have to live and let live here, and he mean that sincerely. It is rare for the ment right up front. As I said, I believe has to catch a train at 2 p.m. So I ask Senator from West Virginia ever to that Ambassador Holbrooke has done a unanimous consent that I may retain take the floor if he does not have a se- good job. The agreement he negotiated the floor, but that in the meantime the rious piece of business to conduct. He in Belgrade is a good one, as long as we Senator from Delaware, Mr. BIDEN, be is going to speak on the same subject I can be sure that if Milosevic does not recognized for not to exceed—— am speaking to. I will not get to hear keep his word, NATO air power will be Mr. BIDEN. Twenty. his speech, but I am sure I will read it used against the Yugoslav military and Mr. BYRD. Not to exceed 20 minutes, in the RECORD. security forces. and that I then be recognized for not to Mr. President, I had originally in- I must tell you, as the senior member exceed 25 minutes. tended today to introduce a resolution in the minority on the Foreign Rela- The PRESIDING OFFICER. Is there authorizing United States airstrikes tions Committee, I have mixed emo- objection? against Yugoslavia in connection with tions about Milosevic’s having agreed. Without objection, it is so ordered. the Kosovo crisis because I believe our I believe he only understands force. I Mr. BYRD. The distinguished Sen- Constitution requires the President to believe that he is the problem. I believe ator from Oregon is also here. I won- come to us for that authority. I have that, ultimately, force will have to be der—and the reason I am asking is I decided, however, not to offer the reso- used. And, quite frankly, I wish we had have been asked by a Senator on the lution because of recent developments, just used this force. other side, Mr. GRAMM, to try to get 30 not on the constitutional front, but re- Mr. President, this agreement has, at minutes locked in for him. May I ask cent developments on the ground. The least temporarily, averted NATO air- the distinguished Senator from Oregon reality is that we are about to go out of strikes against Yugoslavia, which, as I how much time he would require? session, and my ability to get a vote on indicated, I strongly support. I support Mr. WYDEN. Mr. President, I thank this issue is problematic, at best. them recognizing that they would have the Senator from West Virginia. I Instead, I rise to discuss the implica- endangered the lives of American mili- would, at the appropriate time, ask tions for U.S. policy regarding the tary personnel, which I do not take October 14, 1998 CONGRESSIONAL RECORD — SENATE S12487 lightly. But we must honestly and general amnesty, and the formation of work on a fresh draft that will be ac- forthrightly point out to the American a Kosovar police force to maintain cepted by Milosevic and the Kosovars people that although the risk was low order over the ethnic Albanian commu- as the basis for negotiations. This will for high casualties, it was high for nity that comprises more than 90 per- not be an easy task. some casualties. No one wants war, and cent of Kosovo’s population. Assuming that the Belgrade agree- this agreement may, in fact, begin to President Clinton has described the ment holds, where are we, and what are lay the foundation for a political set- verification regime that Milosevic has the implications for U.S. policy? tlement of the crisis in Kosovo. We agreed to as intrusive. It gives the In the short term, the Belgrade must understand, though, that war has OSCE verifiers a broad mandate, in- agreement will be seen by some in the not been permanently averted in cluding the authority to establish a Balkans as a victory for Milosevic, Kosovo. permanent presence in locations of since Kosovo will remain part of Serbia I would like to review the substance their choosing in Kosovo, to accom- and the KLA, temporarily at least, will of the agreement negotiated, whose pany remaining Serb military units on be denied its goal of independence. I broad outlines are clear, but whose de- patrol, and to coordinate humanitarian might add, though, that in the short tails understandably remain to be ham- relief efforts. These verifiers would be term, a NATO air campaign, most like- mered out over the next several days. backed up by American U2 spy planes ly would also have redounded to Milosevic, according to the agreement, and lower altitude P3 Orions and Brit- Milosevic’s credit, since the Serbs’ first must take several steps: ish Canberra photo reconnaissance reaction would have been to rally First, he must maintain a cease-fire planes to verify that compliance was round their flag. and scale back the presence of both the underway. The verifiers will be un- It is important to note, however, that special police, the so-called MUP, and armed, but NATO is putting together if the Belgrade agreement is imple- mented, Serbian sovereignty will be of the Yugoslav Army, or VJ, to Feb- what we refer to as an over-the-horizon undermined by the large international ruary 1998 levels, dropping the regular Quick Reaction Force, which will be presence with wide powers and, eventu- army presence from 18,000 to 12,500 and ready to intervene on short notice if ally, I believe, by some sort of stipula- the MUP from 11,000 to 6,500. I, and oth- problems arise. ers, I am sure, including Ambassador Let me explain what was meant by tion regarding a decision on final polit- ical status for Kosovo after a period of Holbrooke, would have liked to have that. There will be armed NATO mili- several years. seen it taken back further. But I ac- tary on the ground—not in Kosovo, not As I have said many times on this knowledge that this was what was pos- in Serbia—ready to react and cross the floor, I do not favor independence for sible. border if, in fact, Milosevic goes back Kosovo. It would send the message in Second, Milosevic must sign an to his ways of ethnic cleansing. the region that state boundaries should agreement with the Organization for Although the basing of this Quick be determined by ethnicity. The first Security and Cooperation in Europe— Reaction Force has not yet been an- casualty of independence of Kosovo at the so-called OSCE—to allow up to nounced, I am told that there is an in- this moment would be the multiethnic, 2,000 ‘‘compliance verifiers’’ full access creasing likelihood that Macedonia, multireligious, democratic Bosnia- on the ground in Kosovo to make sure rather than Hungary or Italy, will be Herzegovina that underpins Dayton that Milosevic is keeping his promises. chosen as the location. Obviously, mili- and is the goal of American policy. I Third, Milosevic must sign an agree- tary requirements must dictate the believe it would also seriously desta- ment with NATO to allow unarmed air- basing decision, but in my view the bilize neighboring Macedonia. craft to fly over Kosovo to verify com- choice of Macedonia would provide a Instead of independence, I have ar- pliance with the cease-fire. needed political and psychological gued for a status in Kosovo between Fourth, he must begin serious nego- boost for that small country, which that of autonomy within Serbia and tiations with the Kosovars by Novem- itself has a restive ethnic Albanian mi- independence. But that is for the par- ber 2, with a goal of giving Kosovo at nority. ties to work out. This could possibly least autonomy within Serbia. I feel our European allies should take take the form of republic status within Fifth, he must allow complete access the lead on this Quick Reaction Force. Yugoslavia, but within a democratic for humanitarian organizations to de- I have reason to believe that the Yugoslavia, not the current plaything liver assistance to the hundreds of United Kingdom, which is in the best of the thug named Milosevic. thousands of internally displaced per- position of our allies to play such a That brings me to the fundamental sons within Kosovo. These are the peo- role, may step up to the plate and take Balkan policy point that we should ple you see on television, huddled in on this responsibility. cease regarding Milosevic as part of tents in the middle of fields and out in Meanwhile, Milosevic has, as ex- the solution rather than as the prob- the forests. pected, orchestrated the crisis to move lem incarnate. There is simply no I believe it is unrealistic to think against domestic opposition within chance for peace in the long term in that Milosevic can draw down the spe- Serbia. Democratic politicians in Ser- the region until Milosevic is replaced cial police and the Army units in bia—and there are some—have been by a democratic government in Bel- Kosovo to February levels by the time threatened. Many independent radio grade that is willing to grant cultural the Serb-Kosovar negotiations begin on stations have been forced off the air, and political rights to all of its citi- November 2, but he will have to have and dozens of university professors who zens, Serbs and non-Serbs alike, and to shown substantial movement in that find Milosevic’s conduct abhorrent, respect the sovereignty of its neigh- direction by that time. have been dismissed. bors. Within a day or two, we can expect a Diplomacy is not an easy art. Ambas- I have no illusions that Belgrade is statement by Milosevic proposing a sador Holbrooke, as I said earlier, is to full of politicians who read Jefferson timetable for negotiations with the be congratulated for his persistence and Madison in their spare time. None- Kosovars. These negotiations are sup- and stamina in crafting this agree- theless, I do not think we have paid posed to be without preconditions. But ment. As yet, no text has been re- adequate attention to the democratic the United States has made it clear leased, and many of the details remain opposition that does exist. Let’s not that it expects Kosovo to regain a sub- to be worked out in the coming days. forget that a democratic coalition did stantial part of the autonomy within Although all Kosovar politicians, win control of 17 major city councils, Serbia that it lost in 1989. Although we from the nonviolent leader Dr. Rugova including that of Belgrade, in the elec- do not presume to negotiate for the to the KLA, vociferously maintain tions of November 1996. Even now, de- Kosovo Liberation Army, the KLA, or their insistence on independence for spite many divisions within the demo- for Dr. Ibrahim Rugova, the moderate Kosovo, I believe most are prepared to cratic ranks, there are significant ele- Kosovar leader, that is the minimum accept the return of the pre-1989 auton- ments in Serbian politics, in the Ser- we expect. omy, with the decision on the final sta- bian Orthodox Church, among journal- Yesterday, Serbia’s President, a tus to be deferred for several years. ists, and in academe that could and Milosevic puppet, announced support My supposition is that between now should be assisted in a major way by for elections to a Kosovo parliament, a and November 2, U.S. diplomats will the United States of America. S12488 CONGRESSIONAL RECORD — SENATE October 14, 1998 For now, Milosevic has strengthened NATO-Russia Founding Act, nego- Milosevic has agreed to NATO’s terms his grip on power by suppressing much tiated by NATO Secretary General to withdraw his forces, begin peace ne- of the opposition and spinning the news Solana and the President of the United gotiations, and allow 2,000 inter- to emphasize his defiance of the West States, Moscow has ‘‘a voice, not a national observers into Kosovo. and NATO’s supposed backing down, veto’’ over NATO policy. That has been If Mr. Milosevic can be taken at his but that will be short lived. As Serbia’s reemphasized here as well. word, this is truly a turning point in already pathetic economy worsens, op- Nevertheless, partly because of Rus- the negotiations. Unfortunately, as we portunities will reemerge for a broad- sian objections and partly because of know from the trail of broken promises based democratic opposition to chal- the congenital Western European aver- and from the trail of tears he has left lenge Milosevic. sion to using force to achieve political in his wake, Slobodan Milosevic’s word We should be patient while protect- ends, NATO waited several months too is worthless. Hopefully, the concurrent ing life. long to create the credible threat nec- action NATO has taken to authorize We should lay the groundwork for essary to compel Milosevic to stop his air strikes if Mr. Milosevic does not that day by continuing to insist that brutal repression notwithstanding U.S. abide by the agreement will be suffi- the Serbian authorities lift the onerous urging. cient to persuade him to cooperate. I restrictions under which the independ- In effect, the delay enabled Milosevic have my doubts. ent media chafe, by funding those inde- to complete the short-term destruction As welcome as these new develop- pendent media, and by encouraging in- of the KLA and the ethnic cleansing in ments are, they do not let Congress off tensive contact between democratic western and central Kosovo that he de- the hook. Over the past several weeks, Western political parties and trade sired. as we have rushed to complete our unions and their Serbian counterparts. If similar crises arise in the future, work prior to adjournment, we have In my first visit to Serbia, when I we should give ad hoc bodies like the tiptoed carefully around the role of had a long meeting in Belgrade in 1993 Contact Group one chance to get its Congress in authorizing military inter- with Milosevic, I indicated to him then act together. vention in Kosovo without ever mus- as forthrightly as I could when he If it doesn’t, then we should, without tering up the courage to confront the asked what I thought of him, I said to delay, go to NATO and call for resolute issue head on. him in the privacy of his office, ‘‘Mr. action. On the topic of Kosovo, we have lec- President, I think you are a war crimi- The kind of ethnic conflict we have tured, we have criticized, we have nal and should be tried as such.’’ seen in Bosnia and Kosovo was specifi- urged this or that action, but we have I then met with over 100 people in op- cally mentioned in NATO’s so-called been strangely silent on the subject of position to Milosevic of all stripes, Strategic Concept nearly seven years introducing and voting up or down on a some extreme nationalists in opposi- ago as the prototype for threats to the resolution that would fulfill our duty, tion and some Democrats. alliance in the post-Cold War era. under both the Constitution and the The only point I wish to make is that So this is not a surprise to NATO. War Powers Resolution, to authorize there are roots for democratic growth For that reason—not to mention the the use of force in Kosovo and through- in Serbia, and we should seek them thousands of lives that can be spared— out Serbia. out. we must never again allow racist thugs The Constitution invests in Congress In the coming days, NATO must like Milosevic to carry out their out- the power to declare war. The War watch Milosevic like a hawk and not be rages while the alliance dawdles. Powers Resolution prohibits the Presi- afraid to act militarily if he fails to The Belgrade agreement on Kosovo is dent from waging war beyond 60 days fulfill the terms of the Belgrade agree- a first step in the right direction. And without Congressional authorization. ment, particularly the movement to- President Clinton should be com- Whether we are acting unilaterally, or ward reducing the numbers of his spe- plimented. Its details need to be as part of a multinational force, or as cial police in Kosovo and sending the fleshed out. one member of a formal alliance such army back to its barracks and its After they are we must brook no at NATO, the burden of responsibility heavy weaponry into cantonments. more opposition from Milosevic on its on the Congress is the same. One must not forget, Mr. President, implementation. To use a domestic The bottom line here is that Con- who have been the big losers in the American term, we must adopt a policy gress has a duty to authorize the use of tragedy of the last eight months. They of ‘‘zero tolerance’’ with the Yugoslav force if and when offensive military ac- are the approximately one-third of the bully. tion is called for. By blinking at the Kosovar population whose ranks in- Many of us had hoped that the mis- prospect of an authorization of force clude perhaps one thousand killed, over takes that enabled the Bosnian horrors resolution, we are abdicating our re- three hundred thousand driven from to take place would teach us a lesson. sponsibility to the Executive Branch their homes, and over four hundred vil- Unfortunately, we have repeated and shirking our duty to the nation. lages destroyed. many of those errors and have thereby For weeks, Congress has wrung its All this in order for Milosevic, whose allowed Milosevic and his storm troop- hands over conditions in Kosovo while legacy already includes hundreds of ers to repeat their atrocities in Kosovo. NATO was moving toward a military thousands of Bosnian and Croatian Twice is enough. There must not be a showdown in the region and while some dead, to cling to power by once again third time. of us were making solemn speeches diverting the attention of the Serbian I thank the Chair and yield the floor. condemning the brutality of Mr. people from the failure of his ignorant I particularly thank the distin- Milosevic, our NATO allies were mov- and hopelessly inept domestic policies. guished Senator from West Virginia, ing to authorize air strikes in and At least we can be thankful that if my leader. around Kosovo. The agreement reached the Belgrade agreement is imple- Mr. BYRD addressed the Chair. with Milosevic has, at the very least, mented, international relief supplies The PRESIDING OFFICER. The Sen- bought some time, but it has by no should reach the hundreds of thousands ator from West Virginia has 5 minutes. means removed the threat of military of displaced Kosovars, including many Mr. BYRD. I thank the Chair. intervention in Kosovo. If NATO choos- living in the open, thereby preventing Mr. President, I thank the distin- es to move forward with air strikes in massive fatalities this winter. guished Senator from Delaware. the next few days or weeks, Congress, On the wider stage, NATO has set the f the only branch of Government with important precedent that in certain the power to declare war, will be just circumstances it has the right to inter- KOSOVO: A CRISIS AVERTED OR A another bystander, watching from the vene in the internal affairs of a Euro- CRISIS POSTPONED? sidelines as U.S. troops are placed in a pean state, without an explicit U.N. Se- Mr. BYRD. Mr. President, for the hostile environment. curity Council authorization. first time in weeks, the news from Bel- Mr. President, none of us wants to This is a big deal. grade regarding Kosovo is encouraging. rush this nation into military conflict. NATO has also made clear to Russia It would appear—with emphasis on the None of us wants to place the life of that, in accordance with the 1997 word ‘‘appear’’—that Slobodan even one American at risk. None of us October 14, 1998 CONGRESSIONAL RECORD — SENATE S12489 wants to give the order to shoot. But bloodshed and turmoil in Kosovo, and Mr. President, I have heard this old we do not have the luxury of avoiding to bring Mr. Milosevic to the bargain- record played and replayed over and such decisions. Whether we like it or ing table. I spent over an hour meeting over and over again; a process in which not, Congress cannot bury its head in with Secretary Cohen this past week, we Senators on both sides of the aisle the sand when faced with tough issues and I believe he understands fully the will be notified that there will be a like declaring war or authorizing mili- stakes involved in attempting to meeting in room 407, where classified tary action overseas. And whether we broker peace through the use of force information can be divulged, at such wish to admit it or not, that is exactly in the Balkans. I am confident that he and such a time, such and such a date. what Congress is doing. When it comes is well aware of the risks and uncer- And the administration will appear to tough issues like Kosovo, Congress tainties associated with the actions there, the administration’s Representa- seems to want it both ways: we want to that have been taken and those being tives will appear there. I have been to be able to criticize the administration, contemplated by the United States and several of those meetings. but we do not want to step up to the our allies. Very, very seldom have I found any- plate and take the responsibility of I am not ready to give the adminis- thing, any information divulged in giving the administration any guid- tration a blanket endorsement—or a those meetings that I haven’t already ance. blank check—to carry out any plan for read in the newspapers. And yet the ad- Now, this matter of responsibility is NATO air strikes on Kosovo. I believe ministration, whether it be this one or a two-way street. Congress has respon- there are too many loose ends, too a preceding administration, feels that sibility, but so does the administra- many uncertainties. But I am equally the administration has consulted with tion—at the other end of the avenue. unwilling to close my eyes to the prob- Congress. The administration hasn’t The administration has the responsibil- lem and simply let the chips fall where consulted at all. They appear up there, they may. I commend Senator DASCHLE ity—the duty—to consult with Con- and many times they appear to be talk- and Senator BIDEN and Senator LEVIN gress before committing to military ing down to us as though we are new and others for the efforts they have action. And the administration has kids on the block, they know it all and made to deal with this situation. They been woefully remiss in accepting its we should just be nice, nice boys and are among a number of Senators who share of the responsibility. girls; they will handle everything; they have worked to craft a resolution au- This administration, like so many know everything. thorizing U.S. intervention in Kosovo, before it, seems to have confused the For me, as far as I am concerned, for if wisdom dictates such intervention. I concept of consultation on the one the most part, it has become an empty appreciate their taking my concerns hand with the act of advising on the exercise to go up to room 407 and listen into account as they worked to draft a other. Advising Congress of what the to the administration’s people. Con- resolution. They took my concerns administration has already decided to sultation involves far more than that. into account by incorporating into the In addition to the elected leadership do does not constitute consultation. resolution provisions that would place of the Senate and House of Representa- And charging ahead without making a some restraints on the administration, tives, I think the administration case to Congress and to the American guard against an open-ended mission, should consult—and I do mean consult, people does not even constitute com- in terms of its length and scope, and not merely advise—the chairmen, no mon sense. inject some accountability into the op- matter what their gender, and the Like many of my colleagues, I have eration, without micromanaging the ranking members of the Appropria- been troubled by several aspects of the process. The result may or may not tions, Armed Services, Foreign Rela- proposed military intervention in have been the best solution; it may or tions and Intelligence Committees. Kosovo by the United States and may not have been a resolution that I If military action becomes necessary NATO, particularly by the absence of a or a majority of my colleagues could in Kosovo, the administration will clear-cut game plan beyond the initial have supported after reasonable debate, have to come back to Congress to pay air strikes. Given the complexity of the but at the very least, it was an effort for the operation, and the attitude problem and the potential con- to acknowledge our constitutional re- which most administrations appear to sequences of any action we take, it is sponsibility and articulate our con- have is that if they put American men inexcusable and frankly foolhardy for cerns. and women into areas where hostilities the administration to wait until the Unfortunately, the clock up there on are either already going on or immi- eleventh hour to make its case to Con- the wall is ticking, and this Senate has nent, Congress certainly will not turn gress. neither the time nor the inclination to its back on those men and women; Con- Yes, Congress has the responsibility take up such a resolution, particularly gress will fork over the money. So the to exercise its constitutional author- in light of the recent breakthrough in administration always—most adminis- ity, but that does not give the adminis- negotiations. I sincerely hope that the trations in recent years—certainly tration the right to toss what amounts agreement Mr. Holbrooke has achieved seemed to have the idea, ‘‘Well, once to a live grenade into Congress’s lap in Belgrade means that military inter- we get our men in there, Congress will and expect action before that grenade vention will be averted, but I have lit- have to come along,’’ and we do. Con- explodes. Yet, that is the situation tle confidence that Mr. Milosevic will gress isn’t going to turn its back on with which we were forced to deal. We honor his commitment. our men and women who are in harm’s were told by the administration that I have a feeling he may do the same way. But it doesn’t breed confidence air strikes could come at any time as Saddam Hussein has done in Iraq. between the two bodies. We were told once NATO reached consensus on such Just watch. we would only be in Bosnia, oh, some- action. We were alerted that American I would recommend that the sine die thing like a year, about a year. That citizens were being evacuated from adjournment resolution contain au- was 3 years ago, 3 or 4, several years Yugoslavia. We watched American dip- thority to call Congress back into ses- back. lomats ping-ponging back and forth be- sion. I am not talking about the Presi- I predict that administration offi- tween Washington and Belgrade and dent calling us back. He has that right cials would find the task a good deal Brussels. And we were given to under- under the Constitution. I am talking easier if, when they come back before stand that the administration would about our own leadership calling Con- Congress and ask for money, they had like for Congress to endorse its efforts. gress back into session in order to deal truly counseled with Congress, built a Mr. President, this is no way to con- with any crisis that might erupt over case for their request and sought the duct grave matters of war and peace. I the period between the end of this Con- advice of the pertinent committee congratulate the administration offi- gress and the beginning of the 106th leadership beforehand. cials who have been tirelessly working Congress. I further recommend that Mr. President, I understand abso- to find a solution to the perilous situa- the administration immediately insti- lutely the serious nature of the human- tion in Kosovo. I am convinced that tute new procedures to truly consult itarian crisis in Kosovo and the threat Secretary of Defense Cohen and Special with Congress before committing to regional stability in the Balkans Envoy Richard Holbrooke have gone American troops to hostilities over- that are posed by Mr. Milosevic’s bru- the extra mile—literally—to end the seas. tal repression of the ethnic Albanian S12490 CONGRESSIONAL RECORD — SENATE October 14, 1998 Kosovars. With winter closing in on gress has worked to provide. Since 1990, like the Mary Babb Randolph Cancer Kosovo and up to 70,000 ethnic Alba- the Congress has increased cancer re- center in Morgantown play an impor- nians hiding in the mountains without search funding by 54 percent. For this tant role in early detection and com- food or shelter, we are looking at the new fiscal year, I believe that the Sen- munity education. The center proved virtual certainty of a humanitarian ca- ate is heading in the right direction to be a life-saver for Jorie Florek. She tastrophe if something is not done to with its version of the Departments of is a professional golfer from New York bring relief to those people and to en- Labor, Health and Human Services, State who played in a West Virginia sure the safety of the other 250,000 to Education, and Related Agencies Ap- golf tournament to raise money for the 400,000 Kosovars who have been forced propriations bill. This measure con- cancer center. During the tournament, from their homes by the fighting. tains more than $15.5 billion for the doctors and nurses from the center pro- There is a strong case to be made National Institutes of Health (NIH), vided women with breast cancer infor- that dealing with the situation in which is an increase of $2 billion over mation, including instructions on how Kosovo now will help to prevent it the level appropriated last year. Within to perform self examinations. Using from becoming a flashpoint that could that amount, the National Cancer In- that information, Jorie detected a draw other nations into the conflict stitute (NCI) would receive almost $3 lump that, unfortunately, turned out like moths to a flame. billion—a 15-percent increase over last to be malignant. However, through Viewed in that light, Kosovo is much, year. It is my hope that the final ap- early detection and aggressive treat- much more than a humanitarian en- propriations measure for the NIH, the ment at the cancer center, Jorie is now deavor. But we in the Congress have no National Institutes of Health, and the cancer free. right to wring our hands over the NCI, the National Cancer Institute, Another West Virginia success story plight of the Kosovars while refusing to will retain these sizable increases. The is that of Stephanie Juristy. Stephanie even debate whatever role wisdom may research performed and funded by NIH was working, going to school, raising dictate that Congress should play. We is crucial to our Nation, crucial to her teenage son, and planning a wed- have no right to be bold when it comes those suffering from this dreadful dis- ding when she was diagnosed with to criticizing NATO’s proposed action ease, and crucial to the families of breast cancer in 1995. She received while being timid when it comes to those who are suffering. treatment at the cancer center, under- doing our job. Regardless of what any- The strong national investment in going surgery and chemotherapy, and one else does, Congress has a constitu- cancer research is producing some participated in clinical trials of new tional duty to authorize whatever ac- promising results. For instance, an ex- treatments. Stephanie is now married, tion it deems necessary. We do no one citing new avenue being tested for working full-time, and preparing to any favor by surrendering our duty to breast cancer prevention is the drug graduate from school. She is also an the executive branch. tamoxifen. This therapy potentially advocate for patients in Morgantown, Mr. President, we cannot adequately promises to prevent 50 percent of sharing her experiences and knowledge address the crisis in Kosovo in the time breast cancer cases in women who run with other women. we have remaining in this Congress, a high risk of developing the disease. Early detection, treatment, and re- but that does not mean we ought to Additionally, there are a number of search are all important components in completely abandon our responsibility. new treatment options being studied, the war against breast cancer. Strides NATO is prepared to conduct airstrikes including such practices as gene ther- are being made in each of these areas, in the event the agreement reached in apy and hormonal agents. This com- and, hopefully, one day will lead to a Belgrade falls apart. Congress should bination of research and new therapies cure for all cancer. And that will be a be equally prepared in its sine die ad- is lending hope to the many women and glorious—glorious—day. However, until journment resolution. Congress should their families who are blighted by this then, we must remain vigilant and con- be ready and should manifest that it is devastating disease. Let us continue to tinue to encourage women to get mam- ready to reconvene on the call of the invest in programs to address the mograms and to self screen, and we bipartisan joint leadership of the two scourge of cancer, breast cancer in must continue to make a strong invest- Houses of Congress if the situation women in particular. ment in cancer research to press for- warrants it. Early detection of breast cancer is ward for a cure. As we recognize Breast f critical, and, according to medical ex- Cancer Awareness Month, let us redou- perts, mammography is the best way to ble our efforts to tackle this disease BREAST CANCER AWARENESS find the disease in its early stages. In that takes such a devastating toll on MONTH West Virginia, about 73 percent of our Nation. Mr. BYRD. Mr. President, October is women have had a clinical breast ex- Mr. President, I yield the floor. Breast Cancer Awareness Month, a amination and mammogram. That is The PRESIDING OFFICER. The Sen- time when we work to heighten peo- good, but not good enough. West Vir- ator from Oregon is recognized, under ple’s awareness of breast cancer and ginia still lags behind the national me- the previous order. the importance of early detection dian of 77 percent. So we need to do Mr. WYDEN. Thank you, Mr. Presi- through mammography and self exam- more. dent. ination. In an effort to boost breast and cer- Before he leaves the floor, I thank Breast cancer is the most prevalent vical cancer prevention, I helped to the Senator from West Virginia for the cancer among women with one in nine launch the first-ever West Virginia unanimous consent request that he women at risk of developing breast cancer prevention, education, and made that ensured I would have the op- cancer over her lifetime. That is up screening project in 1990. As a result of portunity to speak now and also to from a risk that, in 1960, was just one this effort and other programs that thank him for all that I have learned in fourteen! In West Virginia, the have partnered with it, between 1989 from him during my first years in the American Cancer Society estimates and 1995, West Virginia experienced a Senate. that this year 1,200 women will be diag- 45 percent increase in the number of It is one thing to take out a book nosed with breast cancer, while nearly women receiving mammograms. We that describes some of the procedures 300 women in the State will die from need to continue working together to and the rules of the Senate, but it the disease. Across the country, more increase the number of women having seems to me that there is no better than 43,000 women will lose their battle mammograms. way to learn about the Senate and the with the disease this year, while more Mr. President, I ask unanimous con- very high standards that are so impor- than 178,000 women will just begin sent to proceed for 2 minutes. tant here than to simply watch the their fight. Too many people know the The PRESIDING OFFICER. Without Senator from West Virginia for a few pain of losing a loved one to this dev- objection, it is so ordered. hours on the floor of the Senate. astating, terrible disease. Mr. BYRD. When a breast cancer Mr. BYRD. I thank the distinguished The startling statistics on the inci- tumor is found in its earliest stages, a Senator for his very gracious felicita- dence of breast cancer call for a strong woman has a better than 90 percent tions. He is a far better student than I Federal response, and that is what Con- chance of long-term survival. Places am a teacher. I thank him. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12491 Mr. WYDEN. I thank the Senator. oppose the legislation of the Senator be any one of us or any one of our loved f from Oklahoma because of their fear ones or constituents who finds them- that doctors and other medical provid- selves in chronic, excruciating pain as OREGON’S ASSISTED SUICIDE LAW ers would be hampered. They feared a result of an accident or through the Mr. WYDEN. Mr. President and col- that the cause of providing pain care to development of some painful, chronic leagues, I take the floor this afternoon their patients would be set back by the disease. because it is my understanding that de- way the legislation by the Senator Unfortunately, pain patients in the mocracy in Oregon has won at least a from Oklahoma was written. I thank current regulatory environment feel in temporary victory. I have been in- all of these groups for their commit- many instances—and they have told formed that there will be nothing at- ment to humane care and for their me—as if they are treated like junkies, tached to the comprehensive spending hard work on this issue. and that their providers are extremely bill that would override Oregon’s as- The key groups that led the coalition nervous about how to use pain manage- sisted suicide law. were: The Americans for Better Care of ment in a climate where, had the Nick- While I intend to be very vigilant to the Dying, the American Geriatrics So- les legislation been adopted, certainly monitor any further discussions that ciety, the American Pharmaceutical you would have had the Federal Gov- take place on this matter, I come Association, the National Hospice Or- ernment looking over the shoulders of today to talk about why this issue is so ganization, the American College of doctors and pharmacists with respect important not just to my constituents Physicians-American Society of Inter- to their motivation in prescribing but to all Americans. And I also thank nal Medicine, and the American Medi- drugs for those who are suffering these the participants in the budget negotia- cal Association. acute health and chronic ailments. tions for their willingness to leave out One of the reasons that so many of We need to do a great deal more. We this matter that is so complicated and these groups worked so hard with re- can do it on a bipartisan basis to ad- controversial. spect to keeping out of the spending vance the cause of pain management. I I had informed the leadership of both bill legislation that would overturn Or- have had a number of discussions on political parties that I was prepared to egon’s law was their sincere belief that this matter with Senator MACK, who speak at considerable length if there the legislation by Senator NICKLES has done, in my view, excellent work had been an effort as part of the final would have harmed the effort to pro- on a number of health issues. Senator budget bill to toss Oregon’s ballot mote good pain management. SMITH of my State is greatly interested measure on assisted suicide into the The Nickles legislation would have in these matters. I believe we ought to trash can. I was prepared to do this in given the Drug Enforcement Adminis- work together so that early next year spite of the fact that I have personal tration new authority to look at every we can bring before the health commit- reservations about assisted suicide. I prescription of a controlled substance tees—and I see our friend from the was prepared to do this because I be- to determine for what it was intended. State of Texas, the chairman of the lieve that nothing is more important In addition, doctors and pharmacists Subcommittee on Health Care, is here; than the people’s right to govern them- under this legislation have had to be he has a great interest in these issues selves. mind readers about what their patients —a bipartisan package to promote good When the people of our States have were going to do with one of the drugs pain management before the Senate made difficult decisions, difficult that was used under the Controlled next year. We do need to do more to moral decisions about matters that Substances Act. Was the patient going help the dying and those who suffer have historically been within the pur- to take a medication as prescribed for from chronic pain. view of the State governments, it is pain management, or would they have I believe that the mere threat of leg- out and out wrong for the Congress to sought to use it to kill themselves? islation would put the Drug Enforce- butt in and override those decisions of There is ample scientific evidence ment Administration into such an in- voters in the States. that pain management is not per- trusive role that physicians, phar- The voters of my State have spoken formed as well as it might be at this macists, and other health providers clearly. In two separate referendums, time. And to add further complexities would be reluctant to use these medi- the verdict was clear: Physician-as- and a broader role for an agency like cations and future medications that sisted suicide should, under limited cir- the Drug Enforcement Administration promote pain management, comfort cumstances, be legal in the State of Or- to step into an area where it has never care, and hospice care. The mere threat egon. If the Congress of the United been before would have, in my view, of this legislation would be a real set- States, meeting 3,000 miles away, had added additional barriers and complex- back to the kind of health care services tossed those decisions aside, in a last- ities to the effort to promote hospice that the vast majority of Americans minute backroom deal, it would have care, palliative care, comfort care, and want to see expanded. been a great insult to the people of Or- advance the science of pain manage- Certainly Americans can have dif- egon and in my view would have con- ment. ferences of opinion on the issue of as- tributed mightily to skepticism and Recently, the findings of a study in sisted suicide. I voted against our bal- cynicism about Government. Oregon done in 1997 were published lot measure once. I voted for the repeal It would have been a mistake because that show that families reported rel- of it the second time. I voted against there were many questions raised atively constant levels of moderate to Federal funding of assisted suicide. My about the measure drafted by the Sen- severe pain during their loved one’s reservations with respect to this topic ator from Oklahoma who, it seems to final week of life. During the final are clear. But I think it is wrong for me, is very sincere about his interest months in 1997, families reported high- the Federal Government to butt in and in this subject. In addition to over- er rates of moderate to severe pain for override the voters of my State, on a riding the popular will of the people of those dying in acute care hospitals. matter that has historically been left my State, his measure would have also There was one exception, which was to the States. It is especially wrong to set back considerably the cause of bet- when a loved one died in an acute care do it in a way that is going to allow the ter pain management for patients in hospital in late 1997. An important Federal Government, particularly end-of-life care. study showed a statewide trend indi- through the Drug Enforcement Admin- That would have had serious con- cating that there were in so many istration, to play such an intrusive role sequences for the treatment of patients cases moderate to severe pain for these that doctors, pharmacists, and other in severe pain across this country. His individuals in the last week of life who health providers will feel uncomfort- measure would have great implications would have required a physician and able and reluctant to assist their pa- not just for the people of Oregon, but others to step in and advocate for those tients who are suffering chronic and for the people of all our States. More patients. extraordinary pain. than 55 groups representing the medi- I have received many letters and a We have heard reports in Oregon cal community, many of whom oppose great deal of e-mail from chronic pain from hospices where doctors have been physician-assisted suicide, joined to- patients. These stories are heart- reluctant to prescribe needed amounts gether in an unprecedented coalition to breaking. They point out that it could of pain medication because they were S12492 CONGRESSIONAL RECORD — SENATE October 14, 1998 frightened about the implications of been very gracious to this Senator in Mr. President, I ask unanimous con- being visited by a Government agency terms of discussing this matter and sent that at the conclusion of my that would second-guess them. keeping me apprised of his intentions. statement a letter from Mr. Con- I am very pleased that the Nickles We do have a difference of opinion on stantine, Administrator of the Drug legislation will not be included in the this issue and, at the same time, he has Enforcement Agency, be printed in the comprehensive spending bill. I intend made it clear that he wants to work RECORD. to remain vigilant throughout the re- with this Senator, Senator MACK, and The PRESIDING OFFICER (Mr. maining hours of the negotiations. I others, on a variety of issues that we BURNS). Without objection, it is so or- wanted to come to the floor this after- can agree on relating to pain manage- dered. noon to talk about why this issue is so ment. I know that we will be back on (See Exhibit 1.) important not to just the people of my this Senate floor debating this topic in Mr. NICKLES. Mr. President, the let- State, but to the people of this coun- the future. But I want the Senator ter says they have reviewed it, and as- try. from Oklahoma to know that not only sisted suicide is never a legitimate Finally, I am under no illusion that do I appreciate his courtesy in keeping medical purpose. These drugs can only there will not be further discussions on me apprised of his intentions, but of be used for a legitimate medical pur- the floor of the U.S. Senate about this my desire to work with him on a vari- pose. topic. I know that the Senator from ety of issues relating to this topic The State of Oregon, by referendum, Oklahoma feels very strongly and sin- where I think we can agree. passed a law that says assisted suicide cerely about this issue. I know that Mr. President, I yield the floor. is OK. They had a couple of them. The there will be an effort to bring forward Mr. NICKLES addressed the Chair. State of Oregon can do what it wants, that proposal, and others like it, next The PRESIDING OFFICER. The Sen- but that doesn’t overturn Federal law. year. I am aware that there are a num- ator from Texas has the floor. What if the State of Massachusetts ber of Members of the U.S. Senate who Mr. GRAMM. Mr. President, I ask said they were going to legalize heroin? would be willing to see Oregon’s law unanimous consent that the Senator from Oklahoma might speak, and that That is a controlled substance. Does set aside. that make it legal? No. There is a rea- I ask all of my colleagues to think at the conclusion of his remarks, I be son why we have a Federal law dealing just for a few moments over the next recognized. The PRESIDING OFFICER. Without with these very strong drugs, and it is few months about their reaction if objection, it is so ordered. called the Controlled Substance Act. their State passed a law on a matter f And just because one State has a ref- that the States have historically led erendum or petition or the legislature on, and then a Member of the U.S. Sen- USING FEDERALLY CONTROLLED passes a bill, it doesn’t overturn Fed- ate sought to step in and lay that DRUGS FOR ASSISTED SUICIDE eral drug law, period. aside. That is, in effect, what some in Mr. NICKLES. Mr. President, I thank the U.S. Senate are trying to tell the For some unknown reason, the Attor- my colleague from Texas. I want to ney General—and I still don’t know people of Oregon. I think that is a mis- make a couple of comments in regard take. I think that Senators who would why—gave one of the most absurd rul- to the legislation that my colleague ings in June, where she said, well, we be willing to toss aside a vote of the and friend, Senator WYDEN, alluded to people of Oregon ought to think about still believe we have control of the dealing with assisted suicide. Federal Controlled Substance Act, so the implications of the precedent they Mr. President, I introduced legisla- assisted suicide is illegal for some will be setting that will have their vot- tion to correct a mistake that Attor- States, except for those which have le- ers and the popular will of their States ney General Reno made in June of this galized it. Now, that is an absurd con- set aside if this Senate, in the future, year when she overruled the Drug En- clusion. I guess if you take that to its tosses aside the Oregon law. forcement Act and its interpretation conclusion, any State can do whatever There is a better way. The better way that controlled substances could not be they want on these substances. That is is the approach that Senator MACK, used for assisted suicide. Senator SMITH and Members of the Let me make sure that everybody un- absurd. Why have a Federal law? Why House, such as Congresswoman DAR- derstands the picture of this. The Con- have a Federal law in any way, shape, LENE HOOLEY, and I are talking about. trolled Substance Act is a Federal law. or form. The better way is to say that there will It is not a State law; it is a Federal Now we have several States—and Or- be differences of opinion in our country law. It is a Federal law that controls egon is the pioneer in this—like Michi- about assisted suicide, but let us come very strong drugs—drugs that are ille- gan and other States that are saying together on that broad swath of policy gal, drugs that can kill, drugs that are they want assisted suicide. I just beg to that we all can agree on—which is to very addictive. They are controlled by differ. I don’t think that should be the promote better hospice care, pain man- Federal law. They can’t be used except purpose. The whole purpose of these agement, and comfort care in the use for legitimate medical purposes. That drugs is to alleviate pain. For those or- of advanced directives. is what is defined in the Federal law in ganizations that say we are not sure if Many of these services in many of the Controlled Substance Act. They we support this bill because maybe it our communities are utilized very rare- can only be used for legitimate medical would have a chilling impact on pain, ly. So there is much we can do that purposes. that is false. They haven’t read the will bring our citizens together, that What constitutes a legitimate medi- bill. If they want us to help write it in will help us improve the conditions of cal purpose? History has it that a le- a stronger way—we put very clearly in our patients, reduce their suffering, gitimate medical purpose is, or can be, the bill that these drugs can be used to without setting a dangerous precedent the alleviation of pain, to reduce pain, alleviate pain. We encourage use of of overriding a law passed by the voters give comfort. It can be used for pallia- these drugs for the alleviation of pain, of my State that could redound to the tive care, but it is never—let me re- for palliative care. But they are li- detriment of other States and our citi- state this—the Drug Enforcement censed by the Federal Government and zens. Agency, which is in charge of enforcing should not be used to kill people. They Mr. President, I thank the nego- this act, has never been used for as- should not be used for assisted suicide. tiators who are dealing with the omni- sisted suicide. These drugs are strong These are federally controlled drugs. bus appropriations bill. I am pleased drugs. If they are abused, used in heavy Are we going to give that kind of li- that it was not necessary for me to quantities, they kill people. cense? What happens if somebody does speak at length on the omnibus appro- Unfortunately, some people want to it? Tradition has it and history has had priations bill. Our voice will be heard use these drugs for assisted suicide. it that the Drug Enforcement Agency, when we are challenged in Oregon. We The Drug Enforcement Administrator, if somebody misuses these drugs—one, will be heard each time our rights are Mr. Constantine, a year ago, in Novem- they have to get a Federal license to challenged. ber, wrote a letter to Congress and said distribute the drug, and if they misuse I will conclude my remarks. I see the that assisted suicide is not a legitimate them, they lose that license. I think it Senator from Oklahoma here. He has medical purpose. is only appropriate to do so. They October 14, 1998 CONGRESSIONAL RECORD — SENATE S12493 should not have the ability to distrib- cide. Now we have people saying, dispense controlled substances without a le- ute these drugs if they are going to use ‘‘Well, we want to use Federal drugs for gitimate medical purpose. Historically, these drugs for assisted suicide. assisted suicide.’’ I think not. DEA’s experience with the phrase ‘‘without a So I say to my colleagues and any- We are going to vote on it. We are legitimate medical purpose’’ has focused on body who has an interest in this that I going to have significant debate on it. cases involving physicians who have pro- vided controlled substances to drug addicts want to work this out. I met with the I look forward to that debate. I regret and abusers. The application of this phrase Secretary of Health and Human Serv- we are out of time to get a significant to cases involving physician-assisted suicide ices today, Secretary Shalala, and we debate on it this year. presented DEA with a new issue to review. talked about this. We need to make I look forward to working with my Since receiving your inquiry, my staff has sure that these drugs can be used for colleague from Oregon. I understand carefully reviewed a number of cases, briefs, palliative care. We also need to make trying to represent one’s State. I be- law review articles and state laws relating to sure that they are controlled by the lieve very strongly in States rights. physician-assisted suicide, including the doc- But I don’t believe so strongly in uments referenced in your letter. In addi- Federal Government. They should not tion, my staff has conducted a thorough re- be used for assisted suicide. States rights that if the State of Okla- view of prior administrative cases in which Mr. President, let me make a couple homa wanted to legalize heroin, or physicians have dispensed controlled sub- of general comments. This is about this other controlled substances—I don’t stances for other than a ‘‘legitimate medical administration, and it is about life in think that supersedes Federal law. purpose.’’ Based on that review, we are per- general, or maybe their lack of respect I would tell my colleague from Or- suaded that delivering, dispensing or pre- for life. egon that if the State of Oklahoma scribing a controlled substance with the in- On two or three issues, I think this said, ‘‘We think we want to legalize as- tent of assisting a suicide would not be under administration seems quite bent on de- sisted suicide and have it be public,’’ I any current definition a ‘‘legitimate medical purpose.’’ As a result, the activities that you valuating life. I am talking about un- say that is fine, you can do it with any described in your letter to us would be, in born children, where the administra- drug that is controlled by the State, our opinion, a violation of the CSA. tion has been eagerly trying to bring but not drugs controlled by the Federal Because physician-assisted suicide would forth the distribution of RU486, an Government, because we don’t want be a new and different application of the abortion pill that aborts fetuses up to Federal Government policy to be that CSA, a number of issues remain unresolved. 9 or 10 weeks, where there is a beating we are going to basically acquiesce in For example, suspicious or unnatural deaths heart; they want to legalize that. assisted suicide. That should not be require a medico-legal investigation. The There wasn’t a pharmaceutical com- Federal policy. first priority in such an investigation would be a comprehensive forensic inquiry by a pany in the country that wanted to Again, there is a Federal Controlled state or local law enforcement agency, which make the drug, and the administration Substance Act. It is not State. The is traditionally supported by the efforts of a bent over backwards trying to recruit State could do whatever they want. medical examiner, forensic pathologist, and/ this drug coming into the country. But not with Federal law, not with or coroner. At the conclusion of this stage of Now, you find the administration, Federal drugs, not with the Federal the inquiry, the evidence often is submitted through the Attorney General, coming Drug Enforcement Administration, to a grand jury or similar process for a deter- up with a ruling that is totally con- which controls the licenses and con- mination of potential criminal liability of trary to the Drug Enforcement Agen- trols the use of these substances. The the person who assisted in the death. This initial determination as to the cause cy’s history of controlling controlled act is written OK. The act says these of death is not DEA’s responsibility. Rather, substances and saying, oh, well, we substances can only be used for legiti- DEA would have to rely on the evidence sup- think assisted suicide is OK. Even mate medical purposes. I agree with plied to us by state and local law enforce- though the President of the United that. If anybody thinks that legitimate ment agencies and prosecutors. If the infor- States says he is against it, his admin- medical purpose is assisted suicide, I mation or evidence presented to DEA indi- istration and the Attorney General say disagree with that. That is not in the cates that a physician has delivered, distrib- maybe it is OK if the State says it is law. The Attorney General’s reading of uted, dispensed, prescribed or administered a even though the drugs are controlled the law is totally contrary to that of controlled substance with the deliberate in- tent of assisting in a suicide, then DEA could by the Federal Government. So you the Drug Enforcement Administration. initiate revocation proceedings on the have the administration recruiting I believe she is wrong. grounds that the physician has acted ‘‘with- people to bring in abortion drugs for We will give all Members of this body out a legitimate medical purpose.’’ young people—an administration that a chance to vote on it in the not-too- In addition to moving to revoke a physi- wants to fund and subsidize abortion distant future—if not this Congress, cian’s registration for dispensing controlled for unborn children, and then an ad- certainly the next Congress. substances ‘‘without a legitimate medical ministration now that, through the At- I thank my colleagues, particular my purpose,’’ please also be aware that the CSA colleague from Texas, for allowing me provides a number of other grounds upon torney General’s ruling, says we think which DEA might revoke the registration of these drugs that have been controlled to proceed to respond to my colleague a physician who assisted in a suicide. For ex- by the Federal Government, under Fed- from Oregon. ample, DEA will revoke the registration of eral law—we think it is OK if States I yield the floor. any physician whose state license to practice want to legalize the use of these feder- U.S. DEPARTMENT OF JUSTICE, medicine has been revoked for assisting sui- ally controlled drugs for assisted sui- DRUG ENFORCEMENT ADMINISTRATION, cide. Similarly, DEA has authority to revoke Washington, DC, November 5, 1997. the registration of any physician whose acts cide. I don’t think that makes sense. Hon. HENRY J. HYDE, I think it is pathetic when you think in assisting a suicide result in a conviction House of Representatives, under state controlled substances laws. that the Federal Government’s purpose Washington, DC. DEA must examine the facts on a case-by- should be to protect people, and they DEAR CONGRESSMAN HYDE: Thank you for case basis to determine whether a physi- are actually trying to bring in drugs your letter of July 29, 1997. In that letter, cian’s actions conflict with the CSA. If the that will kill unborn children. And, you requested the Drug Enforcement Admin- facts indicate that a physician has acted as then, also at the same time, ‘‘Oh, yes. istration’s (DEA) view as to ‘‘whether deliv- set forth in your letter, however, then DEA You can use these very strong drugs to ering, distributing, dispensing, prescribing, would have a statutory basis to initiate rev- filling a prescription, or administering a kill senior citizens.’’ It is hard to be- ocation proceedings. controlled substance with the deliberate in- I trust that this response addresses your lieve that they would take that posi- tent of assisting in a suicide would violate inquiry. If you have any further questions, tion. That is the position of this ad- the Controlled Substance Act (CSA), applica- please feel free to contact me. ministration. They are wrong. Hope- ble regulations, rulings, or other federal law Sincerely, fully, this Congress will vote. subject to DEA enforcement, notwithstand- THOMAS A. CONSTANTINE, I might mention that this is not the ing the enactment of a state law such as Or- Administrator. first issue that we have had with this. egon’s Measure 16 which rescinds state pen- Mr. GRAMM addressed the Chair. We passed legislation in the last Con- alties against such prescriptions for patients The PRESIDING OFFICER. The Sen- with a life expectancy of less than six gress. We passed it unanimously months.’’ ator from Texas. through the Senate. It was my bill, or I apologize for the delay in responding to Mr. GRAMM. Mr. President, I under- my language, that said no Federal you. As you know, the CSA authorizes DEA stand the Senator from Wyoming has funds were to be used for assisted sui- to revoke the registration of physicians who cleared a bill. Knowing how hard it is S12494 CONGRESSIONAL RECORD — SENATE October 14, 1998 in the waning hours to do that, without Sec. 411. Multiple contracts within a park. (b) ANNUAL BUDGET FOR EACH UNIT.—As a losing my right to the floor and my full Sec. 412. Special rule for transportation con- part of the annual performance plan for a unit time when he is finished, I would like tracting services. of the National Park System prepared pursuant Sec. 413. Use of nonmonetary consideration in to yield him 5 minutes. to subsection (a), following receipt of the appro- concessions contracts. priation for the unit from the Operations of the The PRESIDING OFFICER. Without Sec. 414. Recordkeeping requirements. National Park System account (but no later objection, it is so ordered. Sec. 415. Repeal of National Park Service Con- than January 1 of each year), the superintend- The Senator from Wyoming. cessions Policy Act. ent of the unit shall develop and make available Mr. THOMAS. Thank you, very Sec. 416. Promotion of the sale of Indian, Alas- to the public the budget for the current fiscal much. ka Native, Native Samoan, and year for that unit. The budget shall include, at Native Hawaiian handicrafts. a minimum, funding allocations for resource I thank the Senator from Texas. I Sec. 417. Regulations. have several bills that will be con- preservation (including resource management), Sec. 418. Commercial use authorizations. visitor services (including maintenance, inter- cluded. Sec. 419. Savings provision. pretation, law enforcement, and search and res- f TITLE V—FEES FOR USE OF NATIONAL cue) and administration. The budget shall also PARK SYSTEM NATIONAL PARKS OMNIBUS include allocations into each of the above cat- Sec. 501. Fees. MANAGEMENT ACT OF 1998 egories of all funds retained from fees collected Sec. 502. Distribution of golden eagle passport for that year, including (but not limited to) spe- Mr. THOMAS. Mr. President, I ask sales. cial use permits, concession franchise fees, and the Chair lay before the Senate a mes- TITLE VI—NATIONAL PARK PASSPORT recreation use and entrance fees. sage from the House of Representatives PROGRAM TITLE II—NATIONAL PARK SYSTEM RE- on the bill (S. 1693) to renew, reform, Sec. 601. Purposes. SOURCE INVENTORY AND MANAGEMENT reinvigorate, and protect the National Sec. 602. National Park passport program. SEC. 201. PURPOSES. Park System. Sec. 603. Administration. The purposes of this title are— Sec. 604. Foreign sales of Golden Eagle Pass- (1) to more effectively achieve the mission of The PRESIDING OFFICER laid be- ports. fore the Senate the following message the National Park Service; Sec. 605. Effect on other laws and programs. (2) to enhance management and protection of from the House of Representatives: TITLE VII—NATIONAL PARK FOUNDATION national park resources by providing clear au- Resolved, That the bill from the Senate (S. SUPPORT thority and direction for the conduct of sci- 1693) entitled ‘‘An Act to provide for im- Sec. 701. Promotion of local fundraising sup- entific study in the National Park System and proved management and increased account- port. to use the information gathered for management ability for certain National Park Service TITLE VIII—MISCELLANEOUS PROVISIONS purposes; programs, and for other purposes’’, do pass (3) to ensure appropriate documentation of re- Sec. 801. United States Park Police. with the following amendment: source conditions in the National Park System; Sec. 802. Leases and cooperative management Strike out all after the enacting clause and (4) to encourage others to use the National agreements. insert: Park System for study to the benefit of park SEC. 2. DEFINITION. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. management as well as broader scientific value, As used in this Act, the term ‘‘Secretary’’ (a) SHORT TITLE.—This Act may be cited as where such study is consistent with the Act of means the Secretary of the Interior, except as the ‘‘National Parks Omnibus Management Act August 25, 1916 (commonly known as the Na- otherwise specifically provided. of 1998’’. tional Park Service Organic Act; 16 U.S.C. 1 et (b) TABLE OF CONTENTS.—The table of con- TITLE I—NATIONAL PARK SERVICE CA- seq.); and tents of this Act is as follows: REER DEVELOPMENT, TRAINING, AND (5) to encourage the publication and dissemi- MANAGEMENT nation of information derived from studies in Sec. 1. Short title; table of contents. the National Park System. Sec. 2. Definition. SEC. 101. PROTECTION, INTERPRETATION, AND RESEARCH IN THE NATIONAL PARK SEC. 202. RESEARCH MANDATE. TITLE I—NATIONAL PARK SERVICE CA- SYSTEM. The Secretary is authorized and directed to REER DEVELOPMENT, TRAINING, AND Recognizing the ever increasing societal pres- assure that management of units of the National MANAGEMENT sures being placed upon America’s unique natu- Park System is enhanced by the availability and Sec. 101. Protection, interpretation, and re- ral and cultural resources contained in the Na- utilization of a broad program of the highest search in the National Park Sys- tional Park System, the Secretary shall contin- quality science and information. tem. ually improve the ability of the National Park SEC. 203. COOPERATIVE AGREEMENTS. Sec. 102. National Park Service employee train- Service to provide state-of-the-art management, (a) COOPERATIVE STUDY UNITS.—The Sec- ing. protection, and interpretation of and research retary is authorized and directed to enter into Sec. 103. Management development and train- on the resources of the National Park System. cooperative agreements with colleges and uni- ing. SEC. 102. NATIONAL PARK SERVICE EMPLOYEE versities, including but not limited to land grant Sec. 104. Park budgets and accountability. TRAINING. schools, in partnership with other Federal and TITLE II—NATIONAL PARK SYSTEM RE- The Secretary shall develop a comprehensive State agencies, to establish cooperative study SOURCE INVENTORY AND MANAGEMENT training program for employees in all profes- units to conduct multi-disciplinary research and Sec. 201. Purposes. sional careers in the work force of the National develop integrated information products on the Sec. 202. Research mandate. Park Service for the purpose of assuring that resources of the National Park System, or the Sec. 203. Cooperative agreements. the work force has available the best, up-to-date larger region of which parks are a part. Sec. 204. Inventory and monitoring program. knowledge, skills and abilities with which to (b) REPORT.—Within one year of the date of Sec. 205. Availability for scientific study. manage, interpret and protect the resources of enactment of this title, the Secretary shall re- Sec. 206. Integration of study results into man- the National Park System. port to the Committee on Energy and Natural agement decisions. SEC. 103. MANAGEMENT DEVELOPMENT AND Resources of the United States Senate and the Sec. 207. Confidentiality of information. TRAINING. Committee on Resources of the House of Rep- Within 2 years after the enactment of this Act, resentatives on progress in the establishment of TITLE III—STUDY REGARDING ADDITION the Secretary shall develop a clear plan for a comprehensive network of such college and OF NEW NATIONAL PARK SYSTEM AREAS management training and development, whereby university based cooperative study units as will Sec. 301. Short title. career, professional National Park Service em- provide full geographic and topical coverage for Sec. 302. Purpose. ployees from any appropriate academic field research on the resources contained in units of Sec. 303. Study of addition of new National may obtain sufficient training, experience, and the National Park System and their larger re- Park System areas. advancement opportunity to enable those quali- gions. TITLE IV—NATIONAL PARK SERVICE fied to move into park management positions, SEC. 204. INVENTORY AND MONITORING PRO- CONCESSIONS MANAGEMENT including explicitly the position of superintend- GRAM. Sec. 401. Short title. ent of a unit of the National Park System. The Secretary shall undertake a program of Sec. 402. Congressional findings and statement SEC. 104. PARK BUDGETS AND ACCOUNTABILITY. inventory and monitoring of National Park Sys- of policy. (a) STRATEGIC AND PERFORMANCE PLANS FOR tem resources to establish baseline information Sec. 403. Award of concessions contracts. EACH UNIT.—Each unit of the National Park and to provide information on the long-term Sec. 404. Term of concessions contracts. System shall prepare and make available to the trends in the condition of National Park System Sec. 405. Protection of concessioner investment. public a 5-year strategic plan and an annual resources. The monitoring program shall be de- Sec. 406. Reasonableness of rates. performance plan. Such plans shall reflect the veloped in cooperation with other Federal mon- Sec. 407. Franchise fees. National Park Service policies, goals, and out- itoring and information collection efforts to en- Sec. 408. Transfer of concessions contracts. comes represented in the Service-wide Strategic sure a cost-effective approach. Sec. 409. National Park Service Concessions Plan, prepared pursuant to the provisions of the SEC. 205. AVAILABILITY FOR SCIENTIFIC STUDY. Management Advisory Board. Government Performance and Results Act of (a) IN GENERAL.—The Secretary may solicit, Sec. 410. Contracting for services. 1993 (Public Law 103–62; 107 Stat. 285). receive, and consider requests from Federal or October 14, 1998 CONGRESSIONAL RECORD — SENATE S12495 non-Federal public or private agencies, organi- Resources of the House of Representatives and ‘‘(4) Each study shall be completed in compli- zations, individuals, or other entities for the use to the Committee on Energy and Natural Re- ance with the National Environmental Policy of any unit of the National Park System for sources of the United States Senate a list of Act of 1969. purposes of scientific study. areas recommended for study for potential in- ‘‘(5) The letter transmitting each completed (b) CRITERIA.—A request for use of a unit of clusion in the National Park System. study to Congress shall contain a recommenda- the National Park System under subsection (a) ‘‘(2) In developing the list to be submitted tion regarding the Secretary’s preferred manage- may only be approved if the Secretary deter- under this subsection, the Secretary shall con- ment option for the area. mines that the proposed study— sider— ‘‘(d) NEW AREA STUDY OFFICE.—The Sec- (1) is consistent with applicable laws and Na- ‘‘(A) those areas that have the greatest poten- retary shall designate a single office to be as- tional Park Service management policies; and tial to meet the established criteria of national signed to prepare all new area studies and to (2) will be conducted in a manner as to pose significance, suitability, and feasibility; implement other functions of this section. no threat to park resources or public enjoyment ‘‘(B) themes, sites, and resources not already ‘‘(e) LIST OF AREAS.—At the beginning of each derived from those resources. adequately represented in the National Park calendar year, along with the annual budget submission, the Secretary shall submit to the (c) FEE WAIVER.—The Secretary may waive System; and any park admission or recreational use fee in ‘‘(C) public petition and Congressional resolu- Committee on Resources of the House of Rep- order to facilitate the conduct of scientific study tions. resentatives and to the Committee on Energy under this section. ‘‘(3) No study of the potential of an area for and Natural Resources of the Senate a list of areas which have been previously studied which (d) NEGOTIATIONS.—The Secretary may enter inclusion in the National Park System may be into negotiations with the research community initiated after the date of enactment of this sub- contain primarily historical resources, and a list and private industry for equitable, efficient ben- section, except as provided by specific author- of areas which have been previously studied efits-sharing arrangements. ization of an Act of Congress. which contain primarily natural resources, in ‘‘(4) Nothing in this Act shall limit the au- numerical order of priority for addition to the SEC. 206. INTEGRATION OF STUDY RESULTS INTO National Park System. In developing the lists, MANAGEMENT DECISIONS. thority of the National Park Service to conduct the Secretary should consider threats to re- The Secretary shall take such measures as are preliminary resource assessments, gather data source values, cost escalation factors, and other necessary to assure the full and proper utiliza- on potential study areas, provide technical and factors listed in subsection (c) of this section. tion of the results of scientific study for park planning assistance, prepare or process nomina- The Secretary should only include on the lists management decisions. In each case in which an tions for administrative designations, update areas for which the supporting data is current action undertaken by the National Park Service previous studies, or complete reconnaissance surveys of individual areas requiring a total ex- and accurate.’’. may cause a significant adverse effect on a park (5) By adding at the end of subsection (f) (as resource, the administrative record shall reflect penditure of less than $25,000. ‘‘(5) Nothing in this section shall be construed designated by paragraph (3) of this section) the the manner in which unit resource studies have following: ‘‘For carrying out subsections (b) been considered. The trend in the condition of to apply to or to affect or alter the study of any river segment for potential addition to the na- through (d) there are authorized to be appro- resources of the National Park System shall be priated $2,000,000 for each fiscal year.’’. a significant factor in the annual performance tional wild and scenic rivers system or to apply evaluation of each superintendent of a unit of to or to affect or alter the study of any trail for TITLE IV—NATIONAL PARK SERVICE the National Park System. potential addition to the national trails system. CONCESSIONS MANAGEMENT ‘‘(c) REPORT.—(1) The Secretary shall com- SEC. 401. SHORT TITLE. SEC. 207. CONFIDENTIALITY OF INFORMATION. plete the study for each area for potential inclu- This title may be cited as the ‘‘National Park Information concerning the nature and spe- sion in the National Park System within 3 com- Service Concessions Management Improvement cific location of a National Park System re- plete fiscal years following the date on which Act of 1998’’. source which is endangered, threatened, rare, or funds are first made available for such pur- commercially valuable, of mineral or paleon- SEC. 402. CONGRESSIONAL FINDINGS AND STATE- poses. Each study under this section shall be MENT OF POLICY. tological objects within units of the National prepared with appropriate opportunity for pub- (a) FINDINGS.—In furtherance of the Act of Park System, or of objects of cultural patrimony lic involvement, including at least one public August 25, 1916 (commonly known as the Na- within units of the National Park System, may meeting in the vicinity of the area under study, tional Park Service Organic Act; 16 U.S.C. 1 et be withheld from the public in response to a re- and after reasonable efforts to notify potentially seq.), which directs the Secretary to administer quest under section 552 of title 5, United States affected landowners and State and local govern- units of the National Park System in accordance Code, unless the Secretary determines that— ments. with the fundamental purpose of conserving (1) disclosure of the information would further ‘‘(2) In conducting the study, the Secretary their scenery, wildlife, and natural and historic the purposes of the unit of the National Park shall consider whether the area under study— objects, and providing for their enjoyment in a System in which the resource or object is located ‘‘(A) possesses nationally significant natural manner that will leave them unimpaired for the and would not create an unreasonable risk of or cultural resources and represents one of the enjoyment of future generations, the Congress harm, theft, or destruction of the resource or ob- most important examples of a particular re- hereby finds that the preservation and con- ject, including individual organic or inorganic source type in the country; and servation of park resources and values requires specimens; and ‘‘(B) is a suitable and feasible addition to the that such public accommodations, facilities, and (2) disclosure is consistent with other applica- system. services as have to be provided within such ble laws protecting the resource or object. ‘‘(3) Each study— units should be provided only under carefully TITLE III—STUDY REGARDING ADDITION ‘‘(A) shall consider the following factors with controlled safeguards against unregulated and OF NEW NATIONAL PARK SYSTEM AREAS regard to the area being studied— indiscriminate use, so that— SEC. 301. SHORT TITLE. ‘‘(i) the rarity and integrity of the resources; (1) visitation will not unduly impair these re- This title may be cited as the ‘‘National Park ‘‘(ii) the threats to those resources; sources and values; and System New Areas Studies Act’’. ‘‘(iii) similar resources are already protected (2) development of public accommodations, fa- in the National Park System or in other public cilities, and services within such units can best SEC. 302. PURPOSE. or private ownership; be limited to locations that are consistent to the It is the purpose of this title to reform the ‘‘(iv) the public use potential; highest practicable degree with the preservation process by which areas are considered for addi- ‘‘(v) the interpretive and educational poten- and conservation of the resources and values of tion to the National Park System. tial; such units. SEC. 303. STUDY OF ADDITION OF NEW NATIONAL ‘‘(vi) costs associated with acquisition, devel- (b) POLICY.—It is the policy of the Congress PARK SYSTEM AREAS. opment and operation; that the development of public accommodations, Section 8 of Public Law 91–383 (commonly ‘‘(vii) the socioeconomic impacts of any des- facilities, and services in units of the National known as the National Park System General ignation; Park System shall be limited to those accom- Authorities Act; 16 U.S.C. 1a–5) is amended as ‘‘(viii) the level of local and general public modations, facilities, and services that— follows: support; and (1) are necessary and appropriate for public (1) By inserting ‘‘GENERAL AUTHORITY.—’’ ‘‘(ix) whether the area is of appropriate con- use and enjoyment of the unit of the National after ‘‘(a)’’. figuration to ensure long-term resource protec- Park System in which they are located; and (2) By striking the second through the sixth tion and visitor use; (2) are consistent to the highest practicable sentences of subsection (a). ‘‘(B) shall consider whether direct National degree with the preservation and conservation (3) By redesignating the last two sentences of Park Service management or alternative protec- of the resources and values of the unit. subsection (a) as subsection (f) and inserting in tion by other public agencies or the private sec- SEC. 403. AWARD OF CONCESSIONS CONTRACTS. the first of such sentences before the words ‘‘For tor is appropriate for the area; In furtherance of the findings and policy stat- the purposes of carrying’’ the following: ‘‘(f) ‘‘(C) shall identify what alternative or com- ed in section 402, and except as provided by this AUTHORIZATION OF APPROPRIATIONS.—’’. bination of alternatives would in the profes- title or otherwise authorized by law, the Sec- (4) By inserting the following after subsection sional judgment of the Director of the National retary shall utilize concessions contracts to au- (a): Park Service be most effective and efficient in thorize a person, corporation, or other entity to ‘‘(b) STUDIES OF AREAS FOR POTENTIAL ADDI- protecting significant resources and providing provide accommodations, facilities, and services TION.—(1) At the beginning of each calendar for public enjoyment; and to visitors to units of the National Park System. year, along with the annual budget submission, ‘‘(D) may include any other information Such concessions contracts shall be awarded as the Secretary shall submit to the Committee on which the Secretary deems to be relevant. follows: S12496 CONGRESSIONAL RECORD — SENATE October 14, 1998

(1) COMPETITIVE SELECTION PROCESS.—Except amendments or changes are considered appro- (B) For the purposes of this title, an ‘‘outfit- as otherwise provided in this section, all pro- priate by the Secretary, the Secretary shall re- ting and guide concessions contract’’ means a posed concessions contracts shall be awarded by solicit offers for the concessions contract incor- concessions contract which solely authorizes the the Secretary to the person, corporation, or porating such material amendments or changes. provision of specialized backcountry outdoor other entity submitting the best proposal, as de- (5) SELECTION OF THE BEST PROPOSAL.—(A) In recreation guide services which require the em- termined by the Secretary through a competitive selecting the best proposal, the Secretary shall ployment of specially trained and experienced selection process. Such competitive process shall consider the following principal factors: guides to accompany park visitors in the include simplified procedures for small, individ- (i) The responsiveness of the proposal to the backcountry so as to provide a safe and enjoy- ually-owned, concessions contracts. objectives of protecting, conserving, and preserv- able experience for visitors who otherwise may (2) SOLICITATION OF PROPOSALS.—Except as ing resources of the unit of the National Park not have the skills and equipment to engage in otherwise provided in this section, prior to System and of providing necessary and appro- such activity. Outfitting and guide conces- awarding a new concessions contract (including priate facilities and services to the public at rea- sioners, where otherwise qualified, include con- renewals or extensions of existing concessions sonable rates. cessioners which provide guided river running, contracts) the Secretary shall publicly solicit (ii) The experience and related background of hunting, fishing, horseback, camping, and the person, corporation, or entity submitting the proposals for the concessions contract and, in mountaineering experiences. An outfitting and proposal, including the past performance and connection with such solicitation, the Secretary guide concessioner is entitled to a preferential expertise of such person, corporation or entity shall prepare a prospectus and shall publish no- right of renewal under this title only if— tice of its availability at least once in local or in providing the same or similar facilities or (i) the contract with the outfitting and guide national newspapers or trade publications, and/ services. concessioner does not grant the concessioner (iii) The financial capability of the person, or the Commerce Business Daily, as appropriate, any interest, including any leasehold surrender corporation, or entity submitting the proposal. and shall make the prospectus available upon (iv) The proposed franchise fee, except that interest or possessory interest, in capital im- request to all interested parties. consideration of revenue to the United States provements on lands owned by the United States (3) PROSPECTUS.—The prospectus shall in- shall be subordinate to the objectives of protect- within a unit of the National Park System, clude the following information: ing, conserving, and preserving resources of the other than a capital improvement constructed (A) The minimum requirements for such con- unit of the National Park System and of provid- by a concessioner pursuant to the terms of a tract as set forth in paragraph (4). ing necessary and appropriate facilities to the concessions contract prior to the date of the en- (B) The terms and conditions of any existing public at reasonable rates. actment of this title or constructed or owned by concessions contract relating to the services and (B) The Secretary may also consider such sec- a concessioner or his or her predecessor before facilities to be provided, including all fees and ondary factors as the Secretary deems appro- the subject land was incorporated into the Na- other forms of compensation provided to the priate. tional Park System; United States by the concessioner. (C) In developing regulations to implement (ii) the Secretary determines that the conces- (C) Other authorized facilities or services this title, the Secretary shall consider the extent sioner has operated satisfactorily during the which may be provided in a proposal. to which plans for employment of Indians (in- term of the contract (including any extension (D) Facilities and services to be provided by cluding Native Alaskans) and involvement of thereof); and the Secretary to the concessioner, if any, includ- businesses owned by Indians, Indian tribes, or (iii) the concessioner has submitted a respon- ing public access, utilities, and buildings. Native Alaskans in the operation of a conces- sive proposal for a proposed new contract which (E) An estimate of the amount of compensa- sion, contracts should be identified as a factor satisfies the minimum requirements established tion, if any, due an existing concessioner from a in the selection of a best proposal under this by the Secretary pursuant to paragraph (4). new concessioner under the terms of a prior con- section. (C) A concessioner that holds a concessions cessions contract. (6) CONGRESSIONAL NOTIFICATION.—The Sec- contract that the Secretary estimates will result (F) A statement as to the weight to be given retary shall submit any proposed concessions in gross annual receipts of less than $500,000 if to each selection factor identified in the pro- contract with anticipated annual gross receipts renewed shall be entitled to a preferential right spectus and the relative importance of such fac- in excess of $5,000,000 or a duration of more of renewal under this title if— tors in the selection process. than 10 years to the Committee on Resources of (i) the Secretary has determined that the con- (G) Such other information related to the pro- the House of Representatives and the Committee cessioner has operated satisfactorily during the posed concessions operation as is provided to the on Energy and Natural Resources of the Senate. term of the contract (including any extension Secretary pursuant to a concessions contract or The Secretary shall not award any such pro- thereof); and is otherwise available to the Secretary, as the posed contract until at least 60 days subsequent (ii) the concessioner has submitted a respon- Secretary determines is necessary to allow for to the notification of both committees. sive proposal for a proposed new concessions the submission of competitive proposals. (7) PREFERENTIAL RIGHT OF RENEWAL.—(A) contract which satisfies the minimum require- (H) Where applicable, a description of a pref- Except as provided in subparagraph (B), the ments established by the Secretary pursuant to erential right to the renewal of the proposed Secretary shall not grant a concessioner a pref- paragraph (4). concessions contract held by an existing conces- erential right to renew a concessions contract, (9) NEW OR ADDITIONAL SERVICES.—The Sec- sioner as set forth in paragraph (7). or any other form of preference to a concessions retary shall not grant a preferential right to a (4) MINIMUM REQUIREMENTS.—(A) No proposal contract. concessioner to provide new or additional serv- shall be considered which fails to meet the mini- (B) The Secretary shall grant a preferential ices in a unit of the National Park System. mum requirements as determined by the Sec- right of renewal to an existing concessioner with (10) SECRETARIAL AUTHORITY.—Nothing in retary. Such minimum requirements shall in- respect to proposed renewals of the categories of this title shall be construed as limiting the au- clude the following: concessions contracts described by paragraph thority of the Secretary to determine whether to (i) The minimum acceptable franchise fee or (8), subject to the requirements of that para- issue a concessions contract or to establish its other forms of consideration to the Government. graph. terms and conditions in furtherance of the poli- (ii) Any facilities, services, or capital invest- (C) As used in this title, the term ‘‘preferential cies expressed in this title. ment required to be provided by the conces- right of renewal’’ means that the Secretary, sub- (11) EXCEPTIONS.—Notwithstanding the provi- sioner. ject to a determination by the Secretary that the sions of this section, the Secretary may award, (iii) Measures necessary to ensure the protec- facilities or services authorized by a prior con- without public solicitation, the following: tion, conservation, and preservation of resources tract continue to be necessary and appropriate (A) A temporary concessions contract or an of the unit of the National Park System. within the meaning of section 402, shall allow a extension of an existing concessions contract for (B) The Secretary shall reject any proposal, concessioner qualifying for a preferential right a term not to exceed 3 years in order to avoid regardless of the franchise fee offered, if the of renewal the opportunity to match the terms interruption of services to the public at a unit of Secretary determines that the person, corpora- and conditions of any competing proposal which the National Park System, except that prior to tion, or entity is not qualified, is not likely to the Secretary determines to be the best proposal making such an award, the Secretary shall take provide satisfactory service, or that the proposal for a proposed new concessions contract which all reasonable and appropriate steps to consider is not responsive to the objectives of protecting authorizes the continuation of the facilities and alternatives to avoid such interruption. (B) A concessions contract in extraordinary and preserving resources of the unit of the Na- services provided by the concessioner under its circumstances where compelling and equitable tional Park System and of providing necessary prior contract. and appropriate facilities and services to the (D) A concessioner which successfully exer- considerations require the award of a conces- public at reasonable rates. cises a preferential right of renewal in accord- sions contract to a particular party in the public (C) If all proposals submitted to the Secretary ance with the requirements of this title shall be interest. Such award of a concessions contract either fail to meet the minimum requirements or entitled to award of the proposed new conces- shall not be made by the Secretary until at least are rejected by the Secretary, the Secretary shall sions contract to which such preference applies. 30 days after publication in the Federal Register establish new minimum contract requirements (8) OUTFITTER AND GUIDE SERVICES AND SMALL of notice of the Secretary’s intention to do so and re-initiate the competitive selection process CONTRACTS.—(A) The provisions of paragraph and the reasons for such action, and submission pursuant to this section. (7) shall apply only to the following: of notice to the Committee on Energy and Natu- (D) The Secretary may not execute a conces- (i) Subject to subparagraph (B), outfitting ral Resources of the Senate and the Committee sions contract which materially amends or does and guide concessions contracts. on Resources of the House of Representatives. not incorporate the proposed terms and condi- (ii) Subject to subparagraph (C), concessions SEC. 404. TERM OF CONCESSIONS CONTRACTS. tions of the concessions contract as set forth in contracts with anticipated annual gross receipts A concessions contract entered into pursuant the applicable prospectus. If proposed material under $500,000. to this title shall generally be awarded for a October 14, 1998 CONGRESSIONAL RECORD — SENATE S12497 term of 10 years or less. However, the Secretary in which the concessioner has a leasehold sur- States within a unit of the National Park Sys- may award a contract for a term of up to 20 render interest, the cost of such additional cap- tem. years if the Secretary determines that the con- ital improvement shall be added to the then cur- (f) SPECIAL REPORTING REQUIREMENT.— Not tract terms and conditions, including the re- rent value of the concessioner’s leasehold sur- later than 7 years after the date of the enact- quired construction of capital improvements, render interest. ment of this Act, the Secretary shall submit a re- warrant a longer term. (b) SPECIAL RULE FOR EXISTING POSSESSORY port to the Committee on Energy and Natural SEC. 405. PROTECTION OF CONCESSIONER IN- INTEREST.— Resources of the Senate and the Committee on VESTMENT. (1) A concessioner which has obtained a Resources of the House of Representatives con- (a) LEASEHOLD SURRENDER INTEREST UNDER possessory interest as defined pursuant to Pub- taining a complete analysis of the concession NEW CONCESSIONS CONTRACTS.—On or after the lic Law 89–249 (commonly known as the Na- program as well as— date of the enactment of this title, a conces- tional Park Service Concessions Policy Act; 16 (1) an assessment of competition in the solici- sioner that constructs a capital improvement U.S.C. 20 et seq.), as in effect on the day before tation of prospectuses, fair and/or increased re- upon land owned by the United States within a the date of the enactment of this Act, under the turn to the Government, and improvement of unit of the National Park System pursuant to a terms of a concessions contract entered into be- concession facilities and infrastructure; and concessions contract shall have a leasehold sur- fore that date shall, upon the expiration or ter- (2) an assessment of any problems with the render interest in such capital improvement sub- mination of such contract, be entitled to receive management and administration of the conces- ject to the following terms and conditions: compensation for such possessory interest im- sion program that are a direct result of the im- (1) A concessioner shall have a leasehold sur- provements in the amount and manner as de- plementation of the provisions of this title. render interest in each capital improvement con- scribed by such concessions contract. Where structed by a concessioner under a concessions such a possessory interest is not described in the SEC. 406. REASONABLENESS OF RATES. contract, consisting solely of a right to com- existing contract, compensation of possessory (a) IN GENERAL.—Each concessions contract pensation for the capital improvement to the ex- interest shall be determined in accordance with shall permit the concessioner to set reasonable tent of the value of the concessioner’s leasehold the laws in effect on the day before the date of and appropriate rates and charges for facilities, surrender interest in the capital improvement. enactment of this Act. goods, and services provided to the public, sub- (2) A leasehold surrender interest— (2) In the event such prior concessioner is ject to approval under subsection (b). (A) may be pledged as security for financing awarded a new concessions contract after the (b) APPROVAL BY SECRETARY REQUIRED.—A of a capital improvement or the acquisition of a effective date of this title replacing an existing concessioner’s rates and charges to the public concessions contract when approved by the Sec- concessions contract, the existing concessioner shall be subject to approval by the Secretary. retary pursuant to this title; shall, instead of directly receiving such The approval process utilized by the Secretary (B) shall be transferred by the concessioner in possessory interest compensation, have a lease- shall be as prompt and as unburdensome to the connection with any transfer of the concessions hold surrender interest in its existing possessory concessioner as possible and shall rely on mar- contract and may be relinquished or waived by interest improvements under the terms of the ket forces to establish reasonableness of rates the concessioner; and new contract and shall carry over as the initial and charges to the maximum extent practicable. (C) shall not be extinguished by the expiration value of such leasehold surrender interest (in- The Secretary shall approve rates and charges or other termination of a concessions contract stead of construction cost) an amount equal to that the Secretary determines to be reasonable and may not be taken for public use except on the value of the existing possessory interest as of and appropriate. Unless otherwise provided in payment of just compensation. the termination date of the previous contract. In the contract, the reasonableness and appro- (3) The value of a leasehold surrender interest the event of a dispute between the concessioner priateness of rates and charges shall be deter- in a capital improvement shall be an amount and the Secretary as to the value of such mined primarily by comparison with those rates equal to the initial value (construction cost of possessory interest, the matter shall be resolved and charges for facilities, goods, and services of the capital improvement), increased (or de- through binding arbitration. comparable character under similar conditions, creased) in the same percentage increase (or de- (3) In the event that a new concessioner is with due consideration to the following factors crease) as the percentage increase (or decrease) awarded a concessions contract and is required and other factors deemed relevant by the Sec- in the Consumer Price Index, from the date of to pay a prior concessioner for possessory inter- retary: length of season, peakloads, average per- making the investment in the capital improve- est in prior improvements, the new concessioner centage of occupancy, accessibility, availability ment by the concessioner to the date of payment shall have a leasehold surrender interest in such and costs of labor and materials, and type of of the value of the leasehold surrender interest, prior improvements and the initial value in such patronage. Such rates and charges may not ex- less depreciation of the capital improvement as leasehold surrender interest (instead of con- ceed the market rates and charges for com- evidenced by the condition and prospective serv- struction cost), shall be an amount equal to the parable facilities, goods, and services, after tak- iceability in comparison with a new unit of like value of the existing possessory interest as of the ing into account the factors referred to in the kind. termination date of the previous contract. preceding sentence. (4) Effective 9 years after the date of the en- (c) TRANSITION TO SUCCESSOR CONCES- (c) IMPLEMENTATION OF RECOMMENDATIONS.— actment of this Act, the Secretary may provide, SIONER.—Upon expiration or termination of a Not later than 6 months after receiving rec- in any particular new concession contract the concessions contract entered into after the effec- ommendations from the Advisory Board estab- Secretary estimates will have a leasehold sur- tive date of this title, a concessioner shall be en- lished under section 409(a) regarding conces- render interest of more than $10,000,000, that the titled under the terms of the concessions con- sioner rates and charges to the public, the Sec- value of any leasehold surrender interest in a tract to receive from the United States or a suc- retary shall implement the recommendations or capital improvement shall be based on either (A) cessor concessioner the value of any leasehold report to the Congress the reasons for not imple- a reduction on an annual basis, in equal por- surrender interest in a capital improvement as menting the recommendations. tions, over the same number of years as the time of the date of such expiration or termination. A SEC. 407. FRANCHISE FEES. period associated with the straight line depre- successor concessioner shall have a leasehold ciation of the initial value (construction cost of surrender interest in such capital improvement (a) IN GENERAL.—A concessions contract shall the capital improvement), as provided by appli- under the terms of a new contract and the ini- provide for payment to the government of a cable Federal income tax laws and regulations tial value of the leasehold surrender interest in franchise fee or such other monetary consider- in effect on the day before the date of the enact- such capital improvement (instead of construc- ation as determined by the Secretary, upon con- ment of this Act or (B) such alternative formula tion cost) shall be the amount of money the new sideration of the probable value to the conces- that is consistent with the objectives of this title. concessioner is required to pay the prior conces- sioner of the privileges granted by the particular The Secretary may only use such an alternative sioner for its leasehold surrender interest under contract involved. Such probable value shall be formula if the Secretary determines, after scru- the terms of the prior concessions contract. based upon a reasonable opportunity for net tiny of the financial and other circumstances in- (d) TITLE TO IMPROVEMENTS.—Title to any profit in relation to capital invested and the ob- volved in this particular concession contract (in- capital improvement constructed by a conces- ligations of the contract. Consideration of reve- cluding providing notice in the Federal Register sioner on lands owned by the United States in nue to the United States shall be subordinate to and opportunity for comment), that such alter- a unit of the National Park System shall be the objectives of protecting and preserving park native formula is, compared to the standard vested in the United States. areas and of providing necessary and appro- method of determining value provided for in (e) DEFINITIONS.—For purposes of this section: priate services for visitors at reasonable rates. paragraph (3), necessary in order to provide a (1) CONSUMER PRICE INDEX.—The term ‘‘Con- (b) AMOUNT OF FRANCHISE FEE.—The amount fair return to the Government and to foster com- sumer Price Index’’ means the ‘‘Consumer Price of the franchise fee or other monetary consider- petition for the new contract by providing a rea- Index—All Urban Consumers’’ published by the ation paid to the United States for the term of sonable opportunity to make a profit under the Bureau of Labor Statistics of the Department of the concessions contract shall be specified in the new contract. If no responsive offers are re- Labor, unless such index is not published, in concessions contract and may only be modified ceived in response to a solicitation that includes which case another regularly published cost-of- to reflect extraordinary unanticipated changes such an alternative formula, the concession op- living index approximating the Consumer Price from the conditions anticipated as of the effec- portunity shall be resolicited with the leasehold Index shall be utilized by the Secretary; and tive date of the contract. The Secretary shall in- surrender interest value as described as para- (2) CAPITAL IMPROVEMENT.—The term ‘‘cap- clude in concessions contracts with a term of graph (3). ital improvement’’ means a structure, fixture, or more than 5 years a provision which allows re- (5) Where a concessioner, pursuant to the nonremovable equipment provided by a conces- consideration of the franchise fee at the request terms of a concessions contract, makes a capital sioner pursuant to the terms of a concessions of the Secretary or the concessioner in the event improvement to an existing capital improvement contract and located on lands of the United of such extraordinary unanticipated changes. S12498 CONGRESSIONAL RECORD — SENATE October 14, 1998 Such provision shall provide for binding arbitra- (A) Policies and procedures intended to assure SEC. 410. CONTRACTING FOR SERVICES. tion in the event that the Secretary and the con- that services and facilities provided by conces- (a) CONTRACTING AUTHORIZED.—(1) To the cessioner are unable to agree upon an adjust- sioners are necessary and appropriate, meet ac- maximum extent practicable, the Secretary shall ment to the franchise fee in these circumstances. ceptable standards at reasonable rates with a contract with private entities to conduct or as- (c) SPECIAL ACCOUNT.—All franchise fees (and minimum of impact on park resources and val- sist in those elements of the management of the other monetary consideration) paid to the ues, and provide the concessioners with a rea- National Park Service concessions program con- United States pursuant to concessions contracts sonable opportunity to make a profit. sidered by the Secretary to be suitable for non- shall be deposited into a special account estab- (B) Ways to make National Park Service con- Federal performance. Such management ele- lished in the Treasury of the United States. cessions programs and procedures more cost ef- ments include each the following: Twenty percent of the funds deposited in the fective, more process efficient, less burdensome, (A) Health and safety inspections. special account shall be available for expendi- and timelier. (B) Quality control of concessions operations ture by the Secretary, without further appro- (2) RECOMMENDATIONS.—The Advisory Board and facilities. priation, to support activities throughout the shall make recommendations to the Secretary re- (C) Strategic capital planning for concessions National Park System regardless of the unit of garding each of the following: facilities. the National Park System in which the funds (A) National Park Service contracting with (D) Analysis of rates and charges to the pub- were collected. The funds deposited into the spe- the private sector to conduct appropriate ele- lic. cial account shall remain available until ex- ments of concessions management and providing (2) The Secretary may also contract with pri- pended. recommendations to make more efficient, less vate entities to assist the Secretary with each of (d) SUBACCOUNT FOR EACH UNIT.—There shall burdensome, and timelier the review or approval the following: be established within the special account re- of concessioner rates and charges to the public. (A) Preparation of the financial aspects of quired under subsection (c) a subaccount for (B) The nature and scope of products which prospectuses for National Park Service conces- each unit of the National Park System. Each qualify as Indian, Alaska Native, and Native sions contracts. subaccount shall be credited with 80 percent of Hawaiian handicrafts within this meaning of (B) Development of guidelines for a national the franchise fees (and other monetary consider- this title. park system capital improvement and mainte- ation) collected at a single unit of the National (C) The allocation of concession fees. nance program for all concession occupied fa- cilities. Park System under concessions contracts. The The initial recommendations under subpara- (C) Making recommendations to the Director funds credited to the subaccount for a unit of graph (A) relating to rates and charges shall be of the National Park Service regarding the con- the National Park System shall be available for submitted to the Secretary not later than one duct annual audits of concession fee expendi- expenditure by the Secretary, without further year after the first meeting of the Board. appropriation, for use at the unit for visitor tures. (3) ANNUAL REPORT.—The Advisory Board, (b) OTHER MANAGEMENT ELEMENTS.—The Sec- services and for purposes of funding high-prior- commencing with the first anniversary of its ini- retary shall also consider, taking into account ity and urgently necessary resource manage- tial meeting, shall provide an annual report on the recommendations of the Advisory Board, ment programs and operations. The funds cred- its activities to the Committee on Resources of contracting out other elements of the conces- ited to a subaccount shall remain available until the United States House of Representatives and sions management program, as appropriate. expended. the Committee on Energy and Natural Resources (c) CONDITION.—Nothing in this section shall SEC. 408. TRANSFER OF CONCESSIONS CON- of the United States Senate. TRACTS. diminish the governmental responsibilities and (c) ADVISORY BOARD MEMBERSHIP.—Members authority of the Secretary to administer conces- (a) APPROVAL OF THE SECRETARY.—No conces- of the Advisory Board shall be appointed on a sions contracts and activities pursuant to this sions contract or leasehold surrender interest staggered basis by the Secretary for a term not title and the Act of August 25, 1916 (commonly may be transferred, assigned, sold, or otherwise to exceed 4 years and shall serve at the pleasure known as the National Park Service Organic conveyed or pledged by a concessioner without of the Secretary. The Advisory Board shall be Act; 16 U.S.C. 1 et seq.). The Secretary reserves prior written notification to, and approval by, comprised of not more than seven individuals the right to make the final decision or contract the Secretary. appointed from among citizens of the United (b) CONDITIONS.—The Secretary shall approve approval on contracting services dealing with States not in the employment of the Federal a transfer or conveyance described in subsection the management of the National Park Service Government and not in the employment of or (a) unless the Secretary finds that— concessions program under this section. (1) the individual, corporation or entity seek- having an interest in a National Park Service concession. Of the seven members of the Advi- SEC. 411. MULTIPLE CONTRACTS WITHIN A PARK. ing to acquire a concessions contract is not If multiple concessions contracts are awarded qualified or able to satisfy the terms and condi- sory Board— (1) one member shall be privately employed in to authorize concessioners to provide the same tions of the concessions contract; or similar outfitting, guiding, river running, or (2) such transfer or conveyance would have the hospitality industry and have both broad knowledge of hotel or food service management other similar services at the same approximate an adverse impact on (A) the protection, con- location or resource within a specific national servation, or preservation of the resources of the and experience in the parks and recreation con- cessions business; park, the Secretary shall establish a comparable unit of the National Park System or (B) the pro- franchise fee structure for all such same or simi- vision of necessary and appropriate facilities (2) one member shall be privately employed in the tourism industry; lar contracts, except that the terms and condi- and services to visitors at reasonable rates and tions of any existing concessions contract shall charges; and (3) one member shall be privately employed in the accounting industry; not be subject to modification or open to renego- (3) the terms of such transfer or conveyance tiation by the Secretary because of a award of are likely, directly or indirectly, to reduce the (4) one member shall be privately employed in the outfitting and guide industry; a new contract at the same approximate loca- concessioner’s opportunity for a reasonable tion or resource. profit over the remaining term of the contract, (5) one member shall be a State government adversely affect the quality of facilities and employee with expertise in park concession man- SEC. 412. SPECIAL RULE FOR TRANSPORTATION CONTRACTING SERVICES. services provided by the concessioner, or result agement; Notwithstanding any other provision of law, a in a need for increased rates and charges to the (6) one member shall be active in promotion of service contract entered into by the Secretary public to maintain the quality of such facilities traditional arts and crafts; and for the provision solely of transportation serv- and services. (7) one member shall be active in a nonprofit ices in a unit of the National Park System shall (c) TRANSFER TERMS.—The terms and condi- conservation organization involved in parks and be no more than 10 years in length, including a tions of any contract under this section shall recreation programs. base period of 5 years and annual extensions for not be subject to modification or open to renego- (d) TERMINATION.—The Advisory Board shall an additional 5-year period based on satisfac- tiation by the Secretary because of a transfer or continue to exist until December 31, 2008. In all tory performance and approval by the Sec- conveyance described in subsection (a), unless other respects, it shall be subject to the provi- retary. such transfer or conveyance would have an ad- sions of the Federal Advisory Committee Act. verse impact as described in paragraph (2) of (e) SERVICE ON ADVISORY BOARD.—Service of SEC. 413. USE OF NONMONETARY CONSIDER- subsection (b). an individual as a member of the Advisory ATION IN CONCESSIONS CON- Board shall not be considered as service or em- TRACTS. SEC. 409. NATIONAL PARK SERVICE CONCES- Section 321 of the Act of June 30, 1932 (40 SIONS MANAGEMENT ADVISORY ployment bringing such individual within the BOARD. provisions of any Federal law relating to con- U.S.C. 303b), relating to the leasing of buildings (a) ESTABLISHMENT.—There is hereby estab- flicts of interest or otherwise imposing restric- and properties of the United States, shall not lished a National Park Service Concessions tions, requirements, or penalties in relation to apply to contracts awarded by the Secretary Management Advisory Board (in this title re- the employment of persons, the performance of pursuant to this title. ferred to as the ‘‘Advisory Board’’) whose pur- services, or the payment or receipt of compensa- SEC. 414. RECORDKEEPING REQUIREMENTS. pose shall be to advise the Secretary and Na- tion in connection with claims, proceedings, or (a) IN GENERAL.—Each concessioner shall tional Park Service on matters relating to man- matters involving the United States. Service as a keep such records as the Secretary may pre- agement of concessions in of the National Park member of the Advisory Board shall not be con- scribe to enable the Secretary to determine that System. sidered service in an appointive or elective posi- all terms of the concessions contract have been (b) DUTIES.— tion in the Government for purposes of section and are being faithfully performed, and the Sec- (1) ADVICE.—The Advisory Board shall advise 8344 of title 5, United States Code, or other com- retary and any duly authorized representative on each of the following: parable provisions of Federal law. of the Secretary shall, for the purpose of audit October 14, 1998 CONGRESSIONAL RECORD — SENATE S12499 and examination, have access to such records entity to provide services to visitors to units of Within Glacier Bay National Park and Preserve and to other books, documents, and papers of the National Park System through a commercial (in this section referred to as the ‘‘1998 Glacier the concessioner pertinent to the contract and use authorization. Such authorizations shall Bay Prospectus’’). The award of concession per- all terms and conditions thereof. not be considered as concessions contracts pur- mits pursuant to the 1998 Glacier Bay Prospec- (b) ACCESS TO RECORDS.—The Comptroller suant to this title nor shall other sections of this tus shall be under provisions of existing law at General or any duly authorized representative title be applicable to such authorizations except the time the 1998 Glacier Bay Prospectus was of the Comptroller General shall, until the expi- where expressly so stated. issued. ration of 5 calendar years after the close of the (b) CRITERIA FOR ISSUANCE OF AUTHORIZA- (b) PREFERENTIAL RIGHT OF RENEWAL.—Not- business year of each concessioner or subconces- TIONS.— withstanding any provision of this title, the Sec- sioner, have access to and the right to examine (1) REQUIRED DETERMINATIONS.—The author- retary, in awarding future Glacier Bay cruise any pertinent books, papers, documents and ity of this section may be used only to authorize ship concession permits covering cruise ship en- records of the concessioner or subconcessioner provision of services that the Secretary deter- tries for which a preferential right of renewal related to the contract or contracts involved. mines will have minimal impact on resources existed prior to the effective date of this title, SEC. 415. REPEAL OF NATIONAL PARK SERVICE and values of the unit of the National Park Sys- shall provide for such cruise ship entries a pref- CONCESSIONS POLICY ACT. tem and are consistent with the purpose for erential right of renewal, as described in sub- (a) REPEAL.—Public Law 89–249 (commonly which the unit was established and with all ap- paragraphs (C) and (D) of section 403(7). Any known as the National Park Service Concessions plicable management plans and park policies Glacier Bay concession permit awarded under Policy Act; 16 U.S.C. 20 et seq.) is repealed. The and regulations. the authority contained in this subsection shall repeal of such Act shall not affect the validity (2) ELEMENTS OF AUTHORIZATION.—The Sec- expire by December 31, 2009. of any concessions contract or permit entered retary shall— TITLE V—FEES FOR USE OF NATIONAL into under such Act, but the provisions of this (A) require payment of a reasonable fee for PARK SYSTEM issuance of an authorization under this section, title shall apply to any such contract or permit SEC. 501. FEES. such fees to remain available without further except to the extent such provisions are incon- Notwithstanding any other provision of law, appropriation to be used, at a minimum, to re- sistent with the terms and conditions of any where the National Park Service or an entity cover associated management and administra- such contract or permit. References in this title under a service contract with the National Park tive costs; to concessions contracts awarded under author- Service provides transportation to all or a por- ity of such Act also apply to concessions permits (B) require that the provision of services under such an authorization be accomplished in tion of any unit of the National Park System, awarded under such authority. the Secretary may impose a reasonable and ap- (b) CONFORMING AMENDMENTS.—(1) The a manner consistent to the highest practicable propriate charge to the public for the use of fourth sentence of section 3 of the Act of August degree with the preservation and conservation such transportation services in addition to any 25, 1916 (commonly known as the National Park of park resources and values; admission fee required to be paid. Collection of Service Organic Act; 16 U.S.C. 3), is amended— (C) take appropriate steps to limit the liability both the transportation and admission fees may (A) by striking all through ‘‘no natural’’ and of the United States arising from the provision occur at the transportation staging area or any inserting ‘‘No natural,’’; and of services under such an authorization; and other reasonably convenient location determined (B) by striking the last proviso in its entirety. (D) have no authority under this section to by the Secretary. The Secretary may enter into (2) Section 12 of Public Law 91–383 (commonly issue more authorizations than are consistent agreements with public or private entities, who known as the National Park System General with the preservation and proper management qualify to the Secretary’s satisfaction, to collect Authorities Act; 16 U.S.C. 1a–7) is amended by of park resources and values, and shall estab- the transportation and admission fee. Such striking subsection (c). lish such other conditions for issuance of such transportation fees collected as per this section (3) The second paragraph under the heading an authorization as the Secretary determines shall be retained by the unit of the National ‘‘NATIONAL PARK SERVICE’’ in the Act of July appropriate for the protection of visitors, provi- Park System at which the transportation fee 31, 1953 (67 Stat. 261, 271), is repealed. sion of adequate and appropriate visitor serv- was collected and the amount retained shall be (c) ANILCA.—Nothing in this title amends, ices, and protection and proper management of expended only for costs associated with the supersedes, or otherwise affects any provision of the resources and values of the park. transportation systems at the unit where the the Alaska National Interest Lands Conserva- (c) LIMITATIONS.—Any authorization issued charge was imposed. tion Act (16 U.S.C. 3101 et seq.) relating to reve- under this section shall be limited to— nue-producing visitor services. (1) commercial operations with annual gross SEC. 502. DISTRIBUTION OF GOLDEN EAGLE receipts of not more than $25,000 resulting from PASSPORT SALES. SEC. 416. PROMOTION OF THE SALE OF INDIAN, Not later than 6 months after the date of en- ALASKA NATIVE, NATIVE SAMOAN, services originating and provided solely within a AND NATIVE HAWAIIAN HANDI- unit of the National Park System pursuant to actment of this title, the Secretary of the Inte- CRAFTS. such authorization; rior and the Secretary of Agriculture shall enter (a) IN GENERAL.—Promoting the sale of au- (2) the incidental use of resources of the unit into an agreement providing for an apportion- thentic United States Indian, Alaskan Native, by commercial operations which provide services ment among each agency of all proceeds derived Native Samoan, and Native Hawaiian handi- originating and terminating outside of the from the sale of Golden Eagle Passports by pri- crafts relating to the cultural, historical, and boundaries of the unit; or vate vendors. Such proceeds shall be appor- geographic characteristics of units of the Na- (3) such uses by organized children’s camps, tioned to each agency on the basis of the ratio tional Park System is encouraged, and the Sec- outdoor clubs and nonprofit institutions (in- of each agency’s total revenue from admission retary shall ensure that there is a continuing ef- cluding back country use) and such other uses fees collected during the previous fiscal year to fort to enhance the handicraft trade where it as the Secretary determines appropriate. the sum of all revenue from admission fees col- lected during the previous fiscal year for all exists and establish the trade in appropriate Nonprofit institutions are not required to obtain agencies participating in the Golden Eagle Pass- areas where such trade currently does not exist. commercial use authorizations unless taxable in- port Program. (b) EXEMPTION FROM FRANCHISE FEE.—In fur- come is derived by the institution from the au- therance of these purposes, the revenue derived thorized use. TITLE VI—NATIONAL PARK PASSPORT from the sale of United States Indian, Alaska (d) PROHIBITION ON CONSTRUCTION.—An au- PROGRAM Native, Native Samoan, and Native Hawaiian thorization issued under this section shall not SEC. 601. PURPOSES. handicrafts shall be exempt from any franchise provide for the construction of any structure, The purposes of this title are— fee payments under this title. fixture, or improvement on federally-owned (1) to develop a national park passport that SEC. 417. REGULATIONS. lands within the boundaries of a unit of the Na- includes a collectible stamp to be used for admis- As soon as practicable after the effective date tional Park System. sion to units of the National Park System; and of this title, the Secretary shall promulgate reg- (e) DURATION.—The term of any authorization (2) to generate revenue for support of the Na- ulations appropriate for its implementation. issued under this section shall not exceed 2 tional Park System. Among other matters, such regulations shall in- years. No preferential right of renewal or similar SEC. 602. NATIONAL PARK PASSPORT PROGRAM. clude appropriate provisions to ensure that con- provisions for renewal shall be granted by the (a) PROGRAM.—The Secretary shall establish a cession services and facilities to be provided in Secretary. national park passport program. A national a unit of the National Park System are not seg- (f) OTHER CONTRACTS.—A person, corpora- park passport shall include a collectible stamp mented or otherwise split into separate conces- tion, or other entity seeking or obtaining an au- providing the holder admission to all units of sions contracts for the purposes of seeking to re- thorization pursuant to this section shall not be the National Park System. duce anticipated annual gross receipts of a con- precluded from also submitting proposals for (b) EFFECTIVE PERIOD.—A national park pass- cessions contract below $500,000. The Secretary concessions contracts. port stamp shall be effective for a period of 12 shall also promulgate regulations which further SEC. 419. SAVINGS PROVISION. months from the date of purchase. define the term ‘‘United States Indian, Alaskan (a) TREATMENT OF GLACIER BAY CONCESSION (c) TRANSFERABILITY.—A national park pass- Native, and Native Hawaiian handicrafts’’ for PERMITS PROSPECTUS.—Nothing contained in port and stamp shall not be transferable. the purposes of this title. this title shall authorize or require the Secretary SEC. 603. ADMINISTRATION. SEC. 418. COMMERCIAL USE AUTHORIZATIONS. to withdraw, revise, amend, modify, or reissue (a) STAMP DESIGN COMPETITION.—(1) The Sec- (a) IN GENERAL.—To the extent specified in the February 19, 1998, Prospectus Under Which retary shall hold an annual competition for the this section, the Secretary , upon request, may Concession Permits Will be Open for Competi- design of the collectible stamp to be affixed to authorize a private person, corporation, or other tion for the Operation of Cruise Ship Services the national park passport. S12500 CONGRESSIONAL RECORD — SENATE October 14, 1998

(2) Each competition shall be open to the pub- (d) LIMITATIONS.—A national park passport Committees on Resources and Appropriations of lic and shall be a means to educate the Amer- may not be used to obtain access to other Fed- the United States House of Representatives a re- ican people about the National Park System. eral recreation fee areas outside of the National port that includes— (b) SALE OF PASSPORTS AND STAMPS.—(1) Na- Park System. (1) the findings and recommendations of the tional park passports and stamps shall be sold (e) EXEMPTIONS AND FEES.—A national park task force; through the National Park Service and may be passport does not exempt the holder from or pro- (2) complete justifications for any rec- sold by private vendors on consignment in ac- vide the holder any discount on any recreation ommendations made; and cordance with guidelines established by the Sec- use fee imposed under section 4(b) of the Land (3) a complete description of any adverse im- retary. and Water Conservation Fund Act of 1965 (16 pacts that would occur if any need identified in (2) A private vendor may be allowed to collect U.S.C. 460l–6a(b)) or such Recreational Fee the report is not met. a commission on each national park passport Demonstration Program (16 U.S.C. 460l–6a note). SEC. 802. LEASES AND COOPERATIVE MANAGE- (including stamp) sold, as determined by the TITLE VII—NATIONAL PARK FOUNDATION MENT AGREEMENTS. Secretary. SUPPORT (a) IN GENERAL.—Section 3 of Public Law 91– (3) The Secretary may limit the number of pri- 383 (commonly known as the National Park Sys- vate vendors of national park passports (includ- SEC. 701. PROMOTION OF LOCAL FUNDRAISING tem General Authorities Act; 16 U.S.C. 1a–2) is SUPPORT. ing stamps). amended by adding at the end the following: Public Law 90–209 (commonly known as the (c) USE OF PROCEEDS.— ‘‘(k) LEASES.— National Park Foundation Act; 16 U.S.C. 19 et (1) The Secretary may use not more than 10 ‘‘(1) IN GENERAL.—Except as provided in para- seq.) is amended by adding at the end the fol- percent of the revenues derived from the sale of graph (2) and subject to paragraph (3), the Sec- lowing new section: national park passports (including stamps) to retary may enter into a lease with any person or administer and promote the national park pass- ‘‘SEC. 11. PROMOTION OF LOCAL FUNDRAISING governmental entity for the use of buildings and port program and the National Park System. SUPPORT. associated property administered by the Sec- (2) Net proceeds from the sale of national park ‘‘(a) ESTABLISHMENT.—The Foundation shall retary as part of the National Park System. passports shall be deposited in a special account design and implement a comprehensive program ‘‘(2) PROHIBITED ACTIVITIES.—The Secretary in the Treasury of the United States and shall to assist and promote philanthropic programs of may not use a lease under paragraph (1) to au- remain available until expended, without fur- support at the individual national park unit thorize the lessee to engage in activities that are ther appropriation, for high priority visitor serv- level. subject to authorization by the Secretary ice or resource management projects throughout ‘‘(b) IMPLEMENTATION.—The program under through a concessions contract, commercial use the National Park System. subsection (a) shall be implemented to— authorization, or similar instrument. ‘‘(1) assist in the creation of local nonprofit (d) AGREEMENTS.—The Secretary may enter ‘‘(3) USE.—Buildings and associated property into cooperative agreements with the National support organizations; and leased under paragraph (1)— Park Foundation and other interested parties to ‘‘(2) provide support, national consistency, ‘‘(A) shall be used for an activity that is con- provide for the development and implementation and management-improving suggestions for sistent with the purposes established by law for of the national park passport program and the local nonprofit support organizations. the unit in which the building is located; Secretary shall take such actions as are appro- ‘‘(c) PROGRAM.—The program under sub- ‘‘(B) shall not result in degradation of the priate to actively market national park pass- section (a) shall include the greatest number of purposes and values of the unit; and ports and stamps. national park units as is practicable. ‘‘(C) shall be compatible with National Park ‘‘(d) REQUIREMENTS.—The program under (e) FEE.—The fee for a national park passport Service programs. and stamp shall be $50. subsection (a) shall include, at a minimum— ‘‘(4) RENTAL AMOUNTS.— ‘‘(1) a standard adaptable organizational de- ‘‘(A) IN GENERAL.—With respect to a lease SEC. 604. FOREIGN SALES OF GOLDEN EAGLE sign format to establish and sustain responsible under paragraph (1)— PASSPORTS. management of a local nonprofit support orga- ‘‘(i) payment of fair market value rental shall The Secretary of Interior shall— nization for support of a national park unit; be required; and (1) make Golden Eagle Passports issued under ‘‘(2) standard and legally tenable bylaws and ‘‘(ii) section 321 of the Act of June 30, 1932 (47 section 4(a)(1)(A) of the Land and Water Con- recommended money-handling procedures that Stat. 412, chapter 314; 40 U.S.C. 303b) shall not servation Fund Act of 1965 (16 U.S.C. 460l– can easily be adapted as applied to individual apply. 6a(a)(1)(A)) or the Recreational Fee Demonstra- national park units; and ‘‘(B) ADJUSTMENT.—The Secretary may adjust tion Program authorized by section 315 of the ‘‘(3) a standard training curriculum to orient the rental amount as appropriate to take into Department of the Interior and Related Agen- and expand the operating expertise of personnel account any amounts to be expended by the les- cies Appropriations Act, 1996 (section 101(c) of employed by local nonprofit support organiza- see for preservation, maintenance, restoration, Public Law 104–134; 16 U.S.C. 460l–6a note), tions. improvement, or repair and related expenses. available to foreign visitors to the United States; ‘‘(e) ANNUAL REPORT.—The Foundation shall ‘‘(C) REGULATION.—The Secretary shall pro- and report the progress of the program under sub- mulgate regulations implementing this sub- (2) make such Golden Eagle Passports avail- section (a) in the annual report of the Founda- section that includes provisions to encourage able for purchase outside the United States, tion. and facilitate competition in the leasing process through commercial tourism channels and con- ‘‘(f) AFFILIATIONS.— and provide for timely and adequate public com- sulates or other offices of the United States. ‘‘(1) CHARTER OR CORPORATE BYLAWS.—Noth- ment. SEC. 605. EFFECT ON OTHER LAWS AND PRO- ing in this section requires— ‘‘(5) SPECIAL ACCOUNT.— GRAMS. ‘‘(A) a nonprofit support organization or ‘‘(A) DEPOSITS.—Rental payments under a (a) PARK PASSPORT NOT REQUIRED.—A na- friends group to modify current practices or to lease under paragraph (1) shall be deposited in tional park passport shall not be required for— affiliate with the Foundation; or a special account in the Treasury of the United (1) a single visit to a national park that ‘‘(B) a local nonprofit support organization, States. charges a single visit admission fee under sec- established as a result of this section, to be ‘‘(B) AVAILABILITY.—Amounts in the special tion 4(a)(2) of the Land and Water Conservation bound through its charter or corporate bylaws account shall be available until expended, with- Fund Act of 1965 (16 U.S.C. 460l–6a(a)(2)) or the to be permanently affiliated with the Founda- out further appropriation, for infrastructure Recreational Fee Demonstration Program au- tion. needs at units of the National Park System, in- thorized by section 315 of the Department of the ‘‘(2) ESTABLISHMENT.—An affiliation with the cluding— Interior and Related Agencies Appropriations Foundation shall be established only at the dis- ‘‘(i) facility refurbishment; Act, 1996 (section 101(c) of Public Law 104–134; cretion of the governing board of a nonprofit or- ‘‘(ii) repair and replacement; 16 U.S.C. 460l–6a note); or ganization.’’. ‘‘(iii) infrastructure projects associated with (2) an individual who has obtained a Golden park resource protection; and Age or Golden Access Passport under paragraph TITLE VIII—MISCELLANEOUS PROVISIONS ‘‘(iv) direct maintenance of the leased build- (4) or (5) of section 4(a) of the Land and Water SEC. 801. UNITED STATES PARK POLICE. ings and associated properties. Conservation Fund Act of 1965 (16 U.S.C. 460l– (a) APPOINTMENT OF TASK FORCE.—Not later ‘‘(C) ACCOUNTABILITY AND RESULTS.—The Sec- 6a(a)). than 60 days after the date of enactment of this retary shall develop procedures for the use of (b) GOLDEN EAGLE PASSPORTS.—A Golden title, the Secretary shall appoint a multidisci- the special account that ensure accountability Eagle Passport issued under section 4(a)(1)(A) plinary task force to fully evaluate the short- and demonstrated results consistent with this of the Land and Water Conservation Fund Act falls, needs, and requirements of law enforce- Act. of 1965 (16 U.S.C. 460l–6a(a)(1)(A)) or such Rec- ment programs in the National Park Service, in- ‘‘(l) COOPERATIVE MANAGEMENT AGREE- reational Fee Demonstration Program (16 U.S.C. cluding a separate analysis for the United MENTS.— 460l–6a note) shall be honored for admission to States Park Police, which shall include a review ‘‘(1) IN GENERAL.—Where a unit of the Na- each unit of the National Park System. of facility repair, rehabilitation, equipment, and tional Park System is located adjacent to or (c) ACCESS.—A national park passport shall communication needs. near a State or local park area, and cooperative provide access to each unit of the National Park (b) SUBMISSION OF REPORT.—Not later than management between the National Park Service System under the same conditions, rules, and one year after the date of enactment of this and a State or local government agency of a regulations as apply to access with a Golden title, the Secretary shall submit to the Commit- portion of either park will allow for more effec- Eagle Passport as of the date of enactment of tees on Energy and Natural Resources and Ap- tive and efficient management of the parks, the this title. propriations of the United States Senate and the Secretary may enter into an agreement with a October 14, 1998 CONGRESSIONAL RECORD — SENATE S12501 State or local government agency to provide for Service’s ability to better manage our years. Then, at the end of the 9th year, the cooperative management of the Federal and National Park System, the bill before if no changes in the law have been State or local park areas. The Secretary may not us today is a true compromise worked made, the Secretary will have the dis- transfer administration responsibilities for any out between Senator THOMAS and my- cretion, under certain limited cir- unit of the National Park System under this paragraph. self in the Senate and with Congress- cumstances, to require concessioners ‘‘(2) PROVISION OF GOODS AND SERVICES.— men MILLER, DON YOUNG, and JIM HAN- to use other methods of valuing Under a cooperative management agreement, SEN in the House. Each of us gave possessory interest, including but not the Secretary may acquire from and provide to something up in order to get a bill limited to, straight line depreciation. I a State or local government agency goods and passed. The bill—particularly the con- think this is a reasonable compromise services to be used by the Secretary and the cession title—does not contain all of and very much appreciate the hard State or local governmental agency in the coop- the policy changes that I would like to work on the part of all parties in work- erative management of land. see made. However, passage of this bill ing it out. ‘‘(3) ASSIGNMENT.—An assignment arranged by the Secretary under section 3372 of title 5, will finally allow the Park Service to While the concession title has been of United States Code, of a Federal, State, or local have meaningful competition for park particular interest to me, the bill be- employee for work in any Federal, State, or concession contracts. fore us today includes several other ti- local land or an extension of such an assign- Most importantly, the bill will repeal tles which I believe will greatly en- ment may be for any period of time determined the 1965 Concession Policy Act—a 30- hance the Park Service’s management by the Secretary and the State or local agency year-old anachronism—including its authorities. The bill includes directives to be mutually beneficial.’’. most anticompetitive provision, the for the Park Service to improve career (b) HISTORIC LEASE PROCESS SIMPLIFICA- granting to incumbent concessioners of development and training for its em- TION.—The Secretary is directed to simplify, to the maximum extent possible, the leasing process a preferential right to renew their con- ployees and to establish a strong sci- for historic properties with the goal of leasing tract by simply matching the terms entific research program in national available structures in a timely manner. and conditions of a superior offer. parks. It codifies criteria for the Park NATIONAL PARKS OMNIBUS MANAGEMENT ACT Other important provisions in the Service to use in evaluating areas pro- Mr. BUMPERS. Mr. President, I rise concession reform title include: Main- posed for addition to the National Park today in strong support of S. 1693, the taining existing statutory protections System. I must say that I very much National Parks Omnibus Management for outfitter and guide contracts and regret the decision of the House to re- Act of 1998. Let me begin by acknowl- small contracts with less than $500,000 move the provisions contained in the edging the work of the sponsor of this in annual gross revenue; a prohibition Senate bill that gave the Park Service legislation, Senator THOMAS. As the against giving any concessioner a pref- much needed authority to collect and chairman of the Subcommittee on Na- erential right to provide new or addi- retain fees for commercial filming ac- tional Parks, Historic Preservation and tional services; and language linking tivities in national park units, and Recreation, he has been willing to com- the value of facilities built by a conces- which would have extended the Rec- promise and work with all involved sioner to actual construction costs, ad- reational Fee Demonstration Progam parties, including Secretary Babbit, justed for inflation, rather than the for park fees for another 6 years. These my friend and colleague Senator BEN- ‘‘sound value’’ possessory interest al- provisions were included in the Senate NETT, Congressmen GEORGE MILLER and lowed under current law. bill to help get badly needed money di- DON YOUNG in an effort to enact a During the consideration of this bill rectly to the parks—something that meaningful and comprehensive bill for in the House, possessory interest was everyone says they want to do. Delet- our national parks. It has been a pleas- the most contentious issue to be re- ing these provisions that would have ure to work with him on this impor- solved. While Senator THOMAS and I provided literally hundreds of millions tant legislation and I am very pleased had agreed on a formulation in the of dollars to the parks over the next 5 that this bill will pass before I leave Senate passed bill that satisfied us, or 6 years will not help restore our the Senate this year. I would also like come in the House, particularly the badly deteriorating parks and public to particularly thank Senator BEN- ranking Democrat on the Resources lands. NETT, who has once again been very Committee, GEORGE MILLER, preferred The bill before us today will allow helpful and constructive in developing the approach taken in the bill I men- the Park Service to develop and mar- a bill that can garner such broad bipar- tioned earlier that passed the Senate in ket annual park admission passports to tisan support, as I believe this bill has. 1993. Under that formulation, a conces- increase public awareness about parks Although this is a comprehensive bill sioner’s possessory interest would be and to raise new revenues. There are a that makes a number of positive depreciated over time on a straight few other titles included in the bill, but changes in the way national parks are line basis. While I too prefer this ap- those are the most significant provi- managed, for me, the most significant proach, it is clear that the conces- provisions are found in title IV—the sions. sioners are adamantly opposed to this Mr. President, the concession reform National Park Service Concessions method of calculating possessory inter- provisions in this bill are a great step Management Improvement Act. Mr. President, for almost 19 years I est. More importantly, a major change forward for the National Park Service have worked to reform the concessions to this key provision would put at risk and the taxpayers. I strongly support policies of the National Park Service the agreement we have reached to these and the other provisions in this to increase competition, provide better eliminate the preferential right of re- legislation, and I hope my colleagues services, and to ensure a better return newal, by far the most anticompetitive will join me in helping to pass this bill. for the American public. Over the past provision in the existing law. In closing, I want to thank several two decades, we have held dozens of After lengthy discussions between people who worked very hard on this hearings, and we’ve debated this issue Congressman MILLER, Secretary Bab- legislation, in particular title IV relat- in markups and on the Senate floor. bitt, Senator THOMAS, and others, an- ed to park concessions. David Brooks As you know, during the 103d Con- other compromise has been agreed to and Tom Williams on the Energy Com- gress Senator BENNETT and I sponsored that gives both sides some of what they mittee Democratic staff have worked a bill which passed the Senate by a want. As passed the House, the legisla- with me for years on this issue and I vote of 90–9, and passed in the House of tion provides that the Secretary is to appreciate their efforts very much. Jim Representatives with only minor value possessory interest as described O’Toole and Gary Ellsworth of the ma- changes by a vote of 368–30. Despite the in the bill for 9 years. At the end of jority staff have been very helpful to overwhelming vote margins, we were year 7, the Secretary is to send Con- me on this and other bills and I thank unable to pass a final bill before the gress a report on the concessions pro- them both for their help and coopera- Congress adjourned. Given the mag- gram in general and, in particular, how tion. Dan Naatz on Senator THOMAS’ nitude of those votes, it is very frus- this new method of calculating staff and Tim Stewart with Senator trating to be here once again debating possessory interest has worked. Con- BENNETT were crucial to Senate nego- park concession reform. gress can examine the report and make tiations on this bill and provided con- While I support passage of this bill legislative changes if necessary based structive and substantive input on a and believe it will enhance the Park on the track record of the previous 7 number of occasions. Finally, John S12502 CONGRESSIONAL RECORD — SENATE October 14, 1998 Leshy, Destry Jarvis, and Lars Hanslin Sec. 302. Amount of grants. (7) In the current technological environment, in the Interior Department deserve Sec. 303. Applications and procedures. the line of demarcation between assistive tech- much of the credit for putting together Sec. 304. Contracts with community-based orga- nology and mainstream technology is becoming nizations. ever more difficult to draw. the final compromise on possessory in- Sec. 305. Grant administration requirements. (8) Many individuals with disabilities cannot terest that got this bill moving again Sec. 306. Information and technical assistance. access existing telecommunications and informa- in the House. Along with John Law- Sec. 307. Annual report. tion technologies and are at risk of not being rence and Rick Healy of the Demo- Sec. 308. Authorization of appropriations. able to access developing technologies. The fail- cratic staff on the House Resources TITLE IV—REPEAL AND CONFORMING ure of Federal and State governments, hardware Committee, these gentlemen worked AMENDMENTS manufacturers, software designers, information tirelessly to put the finishing touches Sec. 401. Repeal. systems managers, and telecommunications serv- on a very delicate compromise. I very Sec. 402. Conforming amendments. ice providers to account for the specific needs of individuals with disabilities in the design, man- SEC. 2. FINDINGS AND PURPOSES. much appreciate their dedication to ufacture, and procurement of telecommuni- (a) FINDINGS.—Congress finds the following: this effort and their willingness to go cations and information technologies results in (1) Disability is a natural part of the human the extra mile to get this bill passed. the exclusion of such individuals from the use of experience and in no way diminishes the right Mr. THOMAS. Mr. President, I ask telecommunications and information tech- of individuals to— unanimous consent that the Senate nologies and results in unnecessary costs associ- (A) live independently; ated with the retrofitting of devices and product agree to the amendment of the House. (B) enjoy self-determination and make systems. The PRESIDING OFFICER. Without choices; (9) There are insufficient incentives for Fed- objection, it is so ordered. (C) benefit from an education; eral contractors and other manufacturers of f (D) pursue meaningful careers; and technology to address the application of tech- (E) enjoy full inclusion and integration in the nology advances to meet the needs of individ- ASSISTIVE TECHNOLOGY ACT OF economic, political, social, cultural, and edu- uals with disabilities of all ages for assistive 1998 cational mainstream of society in the United technology devices and assistive technology States. Mr. THOMAS. Mr. President, I ask services. the Chair lay before the Senate a mes- (2) Technology has become 1 of the primary (10) The use of universal design principles re- sage from the House of Representatives engines for economic activity, education, and duces the need for many specific kinds of assist- innovation in the Nation, and throughout the on the bill (S. 2432) to support pro- ive technology devices and assistive technology world. The commitment of the United States to services by building in accommodations for indi- grams of grants to States to address the development and utilization of technology is the assistive technology needs of indi- viduals with disabilities before rather than after 1 of the main factors underlying the strength production. The use of universal design prin- viduals with disabilities, and for other and vibrancy of the economy of the United ciples also increases the likelihood that products purposes. States. (including services) will be compatible with ex- (3) As technology has come to play an increas- The PRESIDING OFFICER laid be- isting assistive technologies. These principles ingly important role in the lives of all persons in fore the Senate the following message are increasingly important to enhance access to the United States, in the conduct of business, in from the House of Representatives: information technology, telecommunications, the functioning of government, in the fostering transportation, physical structures, and con- Resolved, That the bill from the Senate (S. of communication, in the conduct of commerce, sumer products. There are insufficient incen- 2432) entitled ‘‘An Act to support programs and in the provision of education, its impact tives for commercial manufacturers to incor- of grants to States to address the assistive upon the lives of the more than 50,000,000 indi- porate universal design principles into the de- technology needs of individuals with disabil- viduals with disabilities in the United States has sign and manufacturing of technology products, ities, and for other purposes’’, do pass with been comparable to its impact upon the remain- including devices of daily living, that could ex- the following amendment: der of the citizens of the United States. Any de- pand their immediate use by individuals with Strike out all after the enacting clause and velopment in mainstream technology would disabilities of all ages. insert: have profound implications for individuals with SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (11) There are insufficient incentives for com- disabilities in the United States. mercial pursuit of the application of technology (a) SHORT TITLE.—This Act may be cited as (4) Substantial progress has been made in the the ‘‘Assistive Technology Act of 1998’’. devices to meet the needs of individuals with development of assistive technology devices, in- disabilities, because of the perception that such (b) TABLE OF CONTENTS.—The table of con- cluding adaptations to existing devices that fa- tents for this Act is as follows: individuals constitute a limited market. cilitate activities of daily living, that signifi- (12) At the Federal level, the Federal Labora- Sec. 1. Short title; table of contents. cantly benefit individuals with disabilities of all tories, the National Aeronautics and Space Ad- Sec. 2. Findings and purposes. ages. Such devices and adaptations increase the Sec. 3. Definitions and rule. ministration, and other similar entities do not involvement of such individuals in, and reduce recognize the value of, or commit resources on TITLE I—STATE GRANT PROGRAMS expenditures associated with, programs and ac- an ongoing basis to, technology transfer initia- Sec. 101. Continuity grants for States that re- tivities such as early intervention, education, tives that would benefit, and especially increase ceived funding for a limited period rehabilitation and training, employment, resi- the independence of, individuals with disabil- for technology-related assistance. dential living, independent living, and recre- ities. Sec. 102. State grants for protection and advo- ation programs and activities, and other aspects (13) At the Federal level, there is a lack of co- cacy related to assistive tech- of daily living. ordination among agencies that provide or pay nology. (5) All States have comprehensive statewide for the provision of assistive technology devices Sec. 103. Administrative provisions. programs of technology-related assistance. Fed- and assistive technology services. In addition, Sec. 104. Technical assistance program. eral support for such programs should continue, the Federal Government does not provide ade- Sec. 105. Authorization of appropriations. strengthening the capacity of each State to as- quate assistance and information with respect to TITLE II—NATIONAL ACTIVITIES sist individuals with disabilities of all ages with the quality and use of assistive technology de- Subtitle A—Rehabilitation Act of 1973 their assistive technology needs. vices and assistive technology services to tar- (6) Notwithstanding the efforts of such State Sec. 201. Coordination of Federal research ef- geted individuals. programs, there is still a lack of— forts. (14) There are changes in the delivery of as- (A) resources to pay for assistive technology Sec. 202. National Council on Disability. sistive technology devices and assistive tech- Sec. 203. Architectural and Transportation Bar- devices and assistive technology services; nology services, including— riers Compliance Board. (B) trained personnel to assist individuals (A) the impact of the increased prevalence of with disabilities to use such devices and serv- managed care entities as payors for assistive Subtitle B—Other National Activities ices; technology devices and assistive technology Sec. 211. Small business incentives. (C) information among targeted individuals services; Sec. 212. Technology transfer and universal de- about the availability and potential benefit of (B) an increased focus on universal design; sign. technology for individuals with disabilities; (C) the increased importance of assistive tech- Sec. 213. Universal design in products and the (D) outreach to underrepresented populations nology in employment, as more individuals with built environment. and rural populations; disabilities move from public assistance to work Sec. 214. Outreach. (E) systems that ensure timely acquisition and through training and on-the-job accommoda- Sec. 215. Training pertaining to rehabilitation delivery of assistive technology devices and as- tions; engineers and technicians. sistive technology services; (D) the role and impact that new technologies Sec. 216. President’s Committee on Employment (F) coordination among State human services have on how individuals with disabilities will of People With Disabilities. programs, and between such programs and pri- learn about, access, and participate in programs Sec. 217. Authorization of appropriations. vate entities, particularly with respect to transi- or services that will affect their lives; and TITLE III—ALTERNATIVE FINANCING tions between such programs and entities; and (E) the increased role that telecommunications MECHANISMS (G) capacity in such programs to provide the play in education, employment, health care, and Sec. 301. General authority. necessary technology-related assistance. social activities. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12503

(b) PURPOSES.—The purposes of this Act are— (B) fund national, regional, State, and local State, or the type of assistive technology device (1) to provide financial assistance to States to targeted initiatives that promote understanding or assistive technology service required. undertake activities that assist each State in of and access to assistive technology devices and (7) CONSUMER-RESPONSIVE.—The term ‘‘con- maintaining and strengthening a permanent assistive technology services for targeted indi- sumer-responsive’’— comprehensive statewide program of technology- viduals. (A) with regard to policies, means that the related assistance, for individuals with disabil- SEC. 3. DEFINITIONS AND RULE. policies are consistent with the principles of— ities of all ages, that is designed to— (a) DEFINITIONS.—In this Act: (i) respect for individual dignity, personal re- (A) increase the availability of, funding for, (1) ADVOCACY SERVICES.—The term ‘‘advocacy sponsibility, self-determination, and pursuit of access to, and provision of, assistive technology services’’, except as used as part of the term meaningful careers, based on informed choice, devices and assistive technology services; ‘‘protection and advocacy services’’, means serv- of individuals with disabilities; (B) increase the active involvement of individ- ices provided to assist individuals with disabil- (ii) respect for the privacy, rights, and equal uals with disabilities and their family members, ities and their family members, guardians, advo- access (including the use of accessible formats) guardians, advocates, and authorized represent- cates, and authorized representatives in access- of such individuals; atives, in the maintenance, improvement, and ing assistive technology devices and assistive (iii) inclusion, integration, and full participa- evaluation of such a program; technology services. tion of such individuals in society; (iv) support for the involvement in decisions of (C) increase the involvement of individuals (2) ASSISTIVE TECHNOLOGY.—The term ‘‘assist- with disabilities and, if appropriate, their family ive technology’’ means technology designed to a family member, a guardian, an advocate, or members, guardians, advocates, and authorized be utilized in an assistive technology device or an authorized representative, if an individual representatives, in decisions related to the provi- assistive technology service. with a disability requests, desires, or needs such involvement; and sion of assistive technology devices and assistive (3) ASSISTIVE TECHNOLOGY DEVICE.—The term technology services; ‘‘assistive technology device’’ means any item, (v) support for individual and systems advo- (D) increase the provision of outreach to piece of equipment, or product system, whether cacy and community involvement; and (B) with respect to an entity, program, or ac- underrepresented populations and rural popu- acquired commercially, modified, or customized, tivity, means that the entity, program, or activ- lations, to enable the 2 populations to enjoy the that is used to increase, maintain, or improve ity— benefits of activities carried out under this Act functional capabilities of individuals with dis- (i) is easily accessible to, and usable by, indi- to the same extent as other populations; abilities. (E) increase and promote coordination among viduals with disabilities and, when appropriate, (4) ASSISTIVE TECHNOLOGY SERVICE.—The term their family members, guardians, advocates, or State agencies, between State and local agen- ‘‘assistive technology service’’ means any service authorized representatives; cies, among local agencies, and between State that directly assists an individual with a dis- (ii) responds to the needs of individuals with and local agencies and private entities (such as ability in the selection, acquisition, or use of an disabilities in a timely and appropriate manner; managed care providers), that are involved or assistive technology device. Such term in- and are eligible to be involved in carrying out activi- cludes— (iii) facilitates the full and meaningful par- ties under this Act; (A) the evaluation of the assistive technology ticipation of individuals with disabilities (in- (F)(i) increase the awareness of laws, regula- needs of an individual with a disability, includ- cluding individuals from underrepresented pop- tions, policies, practices, procedures, and orga- ing a functional evaluation of the impact of the ulations and rural populations) and their family nizational structures, that facilitate the avail- provision of appropriate assistive technology members, guardians, advocates, and authorized ability or provision of assistive technology de- and appropriate services to the individual in the representatives, in— vices and assistive technology services; and customary environment of the individual; (ii) facilitate the change of laws, regulations, (I) decisions relating to the provision of assist- (B) services consisting of purchasing, leasing, policies, practices, procedures, and organiza- ive technology devices and assistive technology or otherwise providing for the acquisition of as- tional structures, to obtain increased availabil- services to such individuals; and sistive technology devices by individuals with ity or provision of assistive technology devices (II) decisions related to the maintenance, im- disabilities; provement, and evaluation of the comprehensive and assistive technology services; (C) services consisting of selecting, designing, (G) increase the probability that individuals statewide program of technology-related assist- fitting, customizing, adapting, applying, main- with disabilities of all ages will, to the extent ance, including decisions that affect advocacy, taining, repairing, or replacing assistive tech- appropriate, be able to secure and maintain pos- capacity building, and capacity building and nology devices; session of assistive technology devices as such advocacy activities. (D) coordination and use of necessary thera- individuals make the transition between services (8) DISABILITY.—The term ‘‘disability’’ means pies, interventions, or services with assistive offered by human service agencies or between a condition of an individual that is considered technology devices, such as therapies, interven- settings of daily living (for example, between to be a disability or handicap for the purposes tions, or services associated with education and home and work); of any Federal law other than this Act or for rehabilitation plans and programs; (H) enhance the skills and competencies of in- the purposes of the law of the State in which (E) training or technical assistance for an in- dividuals involved in providing assistive tech- the individual resides. dividual with disabilities, or, where appropriate, nology devices and assistive technology services; (9) INDIVIDUAL WITH A DISABILITY; INDIVID- the family members, guardians, advocates, or (I) increase awareness and knowledge of the UALS WITH DISABILITIES.— authorized representatives of such an individ- benefits of assistive technology devices and as- (A) INDIVIDUAL WITH A DISABILITY.—The term ual; and sistive technology services among targeted indi- ‘‘individual with a disability’’ means any indi- (F) training or technical assistance for profes- viduals; vidual of any age, race, or ethnicity— sionals (including individuals providing edu- (J) increase the awareness of the needs of in- (i) who has a disability; and cation and rehabilitation services), employers, dividuals with disabilities of all ages for assist- (ii) who is or would be enabled by an assistive or other individuals who provide services to, em- ive technology devices and for assistive tech- technology device or an assistive technology ploy, or are otherwise substantially involved in nology services; and service to minimize deterioration in functioning, (K) increase the capacity of public agencies the major life functions of individuals with dis- to maintain a level of functioning, or to achieve and private entities to provide and pay for as- abilities. a greater level of functioning in any major life sistive technology devices and assistive tech- (5) CAPACITY BUILDING AND ADVOCACY ACTIVI- activity. nology services on a statewide basis for individ- TIES.—The term ‘‘capacity building and advo- (B) INDIVIDUALS WITH DISABILITIES.—The term uals with disabilities of all ages; cacy activities’’ means efforts that— ‘‘individuals with disabilities’’ means more than (2) to identify Federal policies that facilitate (A) result in laws, regulations, policies, prac- 1 individual with a disability. payment for assistive technology devices and as- tices, procedures, or organizational structures (10) INSTITUTION OF HIGHER EDUCATION.—The sistive technology services, to identify those that promote consumer-responsive programs or term ‘‘institution of higher education’’ has the Federal policies that impede such payment, and entities; and meaning given such term in section 1201(a) of to eliminate inappropriate barriers to such pay- (B) facilitate and increase access to, provision the Higher Education Act of 1965 (20 U.S.C. ment; and of, and funding for, assistive technology devices 1141(a)), and includes a community college re- (3) to enhance the ability of the Federal Gov- and assistive technology services, ceiving funding under the Tribally Controlled ernment to— in order to empower individuals with disabilities Community College Assistance Act of 1978 (25 (A) provide States with financial assistance to achieve greater independence, productivity, U.S.C. 1801 et seq.). that supports— and integration and inclusion within the com- (11) PROTECTION AND ADVOCACY SERVICES.— (i) information and public awareness pro- munity and the workforce. The term ‘‘protection and advocacy services’’ grams relating to the provision of assistive tech- (6) COMPREHENSIVE STATEWIDE PROGRAM OF means services that— nology devices and assistive technology services; TECHNOLOGY-RELATED ASSISTANCE.—The term (A) are described in part C of the Develop- (ii) improved interagency and public-private ‘‘comprehensive statewide program of tech- mental Disabilities Assistance and Bill of Rights coordination, especially through new and im- nology-related assistance’’ means a consumer- Act (42 U.S.C. 6041 et seq.), the Protection and proved policies, that result in increased avail- responsive program of technology-related assist- Advocacy for Mentally Ill Individuals Act of ability of assistive technology devices and assist- ance for individuals with disabilities, imple- 1986 (42 U.S.C. 10801 et seq.), or section 509 of ive technology services; and mented by a State, and equally available to all the Rehabilitation Act of 1973; and (iii) technical assistance and training in the individuals with disabilities residing in the (B) assist individuals with disabilities with re- provision or use of assistive technology devices State, regardless of their type of disability, age, spect to assistive technology devices and assist- and assistive technology services; and income level, or location of residence in the ive technology services. S12504 CONGRESSIONAL RECORD — SENATE October 14, 1998

(12) SECRETARY.—The term ‘‘Secretary’’ means the activities described in paragraph (2) and (i) the development and implementation of the Secretary of Education. may use the funds to carry out the activities de- laws, regulations, policies, practices, proce- (13) STATE.— scribed in paragraph (3). dures, or organizational structures that promote (A) IN GENERAL.—Except as provided in sub- (2) REQUIRED ACTIVITIES.— access to assistive technology devices and assist- paragraph (B) and section 302, the term ‘‘State’’ (A) PUBLIC AWARENESS PROGRAM.— ive technology services for individuals with dis- means each of the several States of the United (i) IN GENERAL.—The State shall support a abilities in education, health care, employment, States, the District of Columbia, the Common- public awareness program designed to provide and community living contexts, and in other wealth of Puerto Rico, the United States Virgin information to targeted individuals relating to contexts such as the use of telecommunications; Islands, Guam, American Samoa, and the Com- the availability and benefits of assistive tech- (ii)(I) the development of training materials monwealth of the Northern Mariana Islands. nology devices and assistive technology services. and the conduct of training in the use of assist- (B) OUTLYING AREAS.—In sections 101(c) and (ii) LINK.—Such a public awareness program ive technology devices and assistive technology 102(b): shall have an electronic link to the National services; and (i) OUTLYING AREA.—The term ‘‘outlying Public Internet Site authorized under section (II) the provision of technical assistance, in- area’’ means the United States Virgin Islands, 104(c)(1). cluding technical assistance concerning how— (iii) CONTENTS.—The public awareness pro- Guam, American Samoa, and the Common- (aa) to consider the needs of an individual gram may include— wealth of the Northern Mariana Islands. (I) the development and dissemination of in- with a disability for assistive technology devices (ii) STATE.—The term ‘‘State’’ does not in- formation relating to— and assistive technology services in developing clude the United States Virgin Islands, Guam, (aa) the nature of assistive technology devices any individualized plan or program authorized American Samoa, and the Commonwealth of the and assistive technology services; under Federal or State law; Northern Mariana Islands. (bb) the appropriateness of, cost of, availabil- (bb) the rights of targeted individuals to as- (14) TARGETED INDIVIDUALS.—The term ‘‘tar- ity of, evaluation of, and access to, assistive sistive technology devices and assistive tech- geted individuals’’ means— technology devices and assistive technology nology services are addressed under laws other (A) individuals with disabilities of all ages services; and than this Act, to promote fuller independence, and their family members, guardians, advocates, (cc) the benefits of assistive technology devices productivity, and inclusion in and integration and authorized representatives; and assistive technology services with respect to into society of such individuals; or (B) individuals who work for public or private enhancing the capacity of individuals with dis- (cc) to increase consumer participation in the entities (including insurers or managed care abilities of all ages to perform activities of daily identification, planning, use, delivery, and eval- providers), that have contact with individuals living; uation of assistive technology devices and as- with disabilities; (II) the development of procedures for provid- sistive technology services; and (C) educators and related services personnel; ing direct communication between providers of (iii) the enhancement of the assistive tech- (D) technology experts (including engineers); assistive technology and targeted individuals; nology skills and competencies of— (E) health and allied health professionals; and (I) individuals who work for public or private (F) employers; and (III) the development and dissemination, to entities (including insurers and managed care (G) other appropriate individuals and entities. targeted individuals, of information about State providers), who have contact with individuals (15) TECHNOLOGY-RELATED ASSISTANCE.—The efforts related to assistive technology. with disabilities; term ‘‘technology-related assistance’’ means as- (B) INTERAGENCY COORDINATION.— (II) educators and related services personnel; sistance provided through capacity building and (i) IN GENERAL.—The State shall develop and (III) technology experts (including engineers); advocacy activities that accomplish the purposes promote the adoption of policies that improve (IV) health and allied health professionals; described in any of subparagraphs (A) through access to assistive technology devices and assist- (V) employers; and (K) of section 2(b)(1). ive technology services for individuals with dis- (VI) other appropriate personnel. (16) UNDERREPRESENTED POPULATION.—The abilities of all ages in the State and that result (D) OUTREACH.—The State shall provide sup- term ‘‘underrepresented population’’ means a in improved coordination among public and pri- port to statewide and community-based organi- population that is typically underrepresented in vate entities that are responsible or have the au- zations that provide assistive technology devices service provision, and includes populations such thority to be responsible, for policies, proce- and assistive technology services to individuals as persons who have low-incidence disabilities, dures, or funding for, or the provision of assist- with disabilities or that assist individuals with persons who are minorities, poor persons, per- ive technology devices and assistive technology disabilities in using assistive technology devices sons with limited-English proficiency, older in- services to, such individuals. and assistive technology services, including a dividuals, or persons from rural areas. (ii) APPOINTMENT TO CERTAIN INFORMATION focus on organizations assisting individuals (17) UNIVERSAL DESIGN.—The term ‘‘universal TECHNOLOGY PANELS.—The State shall appoint from underrepresented populations and rural design’’ means a concept or philosophy for de- the director of the lead agency described in sub- populations. Such support may include out- signing and delivering products and services section (d) or the designee of the director, to any reach to consumer organizations and groups in that are usable by people with the widest pos- committee, council, or similar organization cre- the State to coordinate efforts to assist individ- sible range of functional capabilities, which in- ated by the State to assist the State in the devel- uals with disabilities of all ages and their family clude products and services that are directly us- opment of the information technology policy of members, guardians, advocates, or authorized able (without requiring assistive technologies) the State. representatives, to obtain funding for, access to, and products and services that are made usable (iii) COORDINATION ACTIVITIES.—The develop- and information on evaluation of assistive tech- with assistive technologies. ment and promotion described in clause (i) may nology devices and assistive technology services. include support for— (b) REFERENCES.—References in this Act to a (3) DISCRETIONARY ACTIVITIES.— (I) policies that result in improved coordina- provision of the Technology-Related Assistance (A) ALTERNATIVE STATE-FINANCED SYSTEMS.— tion, including coordination between public and for Individuals With Disabilities Act of 1988 The State may support activities to increase ac- private entities— shall be considered to be references to such pro- cess to, and funding for, assistive technology de- (aa) in the application of Federal and State vision as in effect on the day before the date of vices and assistive technology services, includ- enactment of this Act. policies; (bb) in the use of resources and services relat- ing— TITLE I—STATE GRANT PROGRAMS ing to the provision of assistive technology de- (i) the development of systems that provide as- SEC. 101. CONTINUITY GRANTS FOR STATES THAT vices and assistive technology services, includ- sistive technology devices and assistive tech- RECEIVED FUNDING FOR A LIMITED ing the use of interagency agreements; and nology services to individuals with disabilities of PERIOD FOR TECHNOLOGY-RELATED (cc) in the improvement of access to assistive all ages, and that pay for such devices and serv- ASSISTANCE. technology devices and assistive technology ices, such as— (a) GRANTS TO STATES.— services for individuals with disabilities of all (I) the development of systems for the pur- (1) IN GENERAL.—The Secretary shall award ages in the State; chase, lease, other acquisition, or payment for grants, in accordance with this section, to eligi- (II) convening interagency work groups, in- the provision, of assistive technology devices ble States to support capacity building and ad- volving public and private entities, to identify, and assistive technology services; or vocacy activities, designed to assist the States in create, or expand funding options, and coordi- (II) the establishment of alternative State or maintaining permanent comprehensive state- nate access to funding, for assistive technology privately financed systems of subsidies for the wide programs of technology-related assistance devices and assistive technology services for in- provision of assistive technology devices and as- that accomplish the purposes described in sec- dividuals with disabilities of all ages; or sistive technology services, such as— tion 2(b)(1). (III) documenting and disseminating informa- (aa) a low-interest loan fund; (2) ELIGIBLE STATES.—To be eligible to receive tion about interagency activities that promote (bb) an interest buy-down program; a grant under this section a State shall be a coordination, including coordination between (cc) a revolving loan fund; State that received grants for less than 10 years public and private entities, with respect to as- (dd) a loan guarantee or insurance program; under title I of the Technology-Related Assist- sistive technology devices and assistive tech- (ee) a program operated by a partnership ance for Individuals With Disabilities Act of nology services. among private entities for the purchase, lease, 1988. (C) TECHNICAL ASSISTANCE AND TRAINING.— or other acquisition of assistive technology de- (b) USE OF FUNDS.— The State shall carry out directly, or provide vices or assistive technology services; or (1) IN GENERAL.—Any State that receives a support to public or private entities to carry out, (ff) another mechanism that meets the require- grant under this section shall use the funds technical assistance and training activities for ments of title III and is approved by the Sec- made available through the grant to carry out targeted individuals, including— retary; October 14, 1998 CONGRESSIONAL RECORD — SENATE S12505

(ii) the short-term loan of assistive technology system established in clause (i), and of the na- (C) PROHIBITION ON FUNDS AFTER FIFTH YEAR devices to individuals, employers, public agen- ture of such inquiries. OF A SECOND EXTENSION GRANT.—Except as pro- cies, or public accommodations seeking strate- (E) INTERSTATE ACTIVITIES.— vided in subsection (f), an eligible State that gies to comply with the Americans with Disabil- (i) IN GENERAL.—The State may enter into co- would have been in the fifth year of a second ities Act of 1990 (42 U.S.C. 12101 et seq.) and sec- operative agreements with other States to ex- extension grant made under section 103 of the tion 504 of the Rehabilitation Act of 1973 (29 pand the capacity of the States involved to as- Technology-Related Assistance for Individuals U.S.C. 794); or sist individuals with disabilities of all ages to With Disabilities Act of 1988 during a fiscal (iii) the maintenance of information about, learn about, acquire, use, maintain, adapt, and year, if that Act had been reauthorized for that and recycling centers for, the redistribution of upgrade assistive technology devices and assist- fiscal year, may not receive any Federal funds assistive technology devices and equipment, ive technology services that such individuals under this title for any fiscal year after such fis- which may include redistribution through de- need at home, at school, at work, or in other en- cal year. vice and equipment loans, rentals, or gifts. vironments that are part of daily living. (D) ADDITIONAL STATES.— (B) DEMONSTRATIONS.—The State, in collabo- (ii) ELECTRONIC COMMUNICATION.—The State (i) IN GENERAL.—For purposes of this para- ration with other entities in established, recog- may operate or participate in an electronic in- graph, the Secretary shall treat a State de- nized community settings (such as nonprofit or- formation exchange through which the State scribed in clause (ii)— ganizations, libraries, schools, community-based may communicate with other States to gain (I) for fiscal years 1999 through 2001, as if the employer organizations, churches, and entities technical assistance in a timely fashion and to State were a State described in subparagraph operating senior citizen centers, shopping malls, avoid the duplication of efforts already under- (A); and and health clinics), may demonstrate assistive taken in other States. (II) for fiscal year 2002 or 2003, as if the State technology devices in settings where targeted in- (F) PARTNERSHIPS AND COOPERATIVE INITIA- were a State described in clause (i) or (ii), re- dividuals can see and try out assistive tech- TIVES.—The State may support partnerships and spectively, of subparagraph (B). nology devices, and learn more about the de- cooperative initiatives between the public sector (ii) STATE.—A State referred to in clause (i) vices from personnel who are familiar with such and the private sector to promote greater par- shall be a State that— devices and their applications or can be referred ticipation by business and industry in— (I) in fiscal year 1998, was in the second year to other entities who have information on the (i) the development, demonstration, and dis- of an initial extension grant made under section devices. semination of assistive technology devices; and 103 of the Technology-Related Assistance for In- (C) OPTIONS FOR SECURING DEVICES AND SERV- (ii) the ongoing provision of information dividuals With Disabilities Act of 1988; and (II) meets such terms and conditions as the ICES.—The State, through public agencies or about new products to assist individuals with nonprofit organizations, may support assistance disabilities. Secretary shall determine to be appropriate. (d) LEAD AGENCY.— to individuals with disabilities and their family (G) EXPENSES.—The State may pay for ex- (1) IDENTIFICATION.— penses, including travel expenses, and services, members, guardians, advocates, and authorized (A) IN GENERAL.—To be eligible to receive a including services of qualified interpreters, read- representatives about options for securing as- grant under this section, a State shall designate ers, and personal care assistants, that may be sistive technology devices and assistive tech- a lead agency to carry out appropriate State necessary to ensure access to the comprehensive nology services that would meet individual functions under this section. The lead agency statewide program of technology-related assist- needs for such assistive technology devices and shall be the current agency (as of the date of ance by individuals with disabilities who are de- assistive technology services. Such assistance submission of the application supplement de- termined by the State to be in financial need shall not include direct payment for an assistive scribed in subsection (e)) administering the and not eligible for such payments or services technology device. grant awarded to the State for fiscal year 1998 through another public agency or private entity. (D) TECHNOLOGY-RELATED INFORMATION.— under title I of the Technology-Related Assist- (i) IN GENERAL.—The State may operate and (H) ADVOCACY SERVICES.—The State may pro- ance for Individuals With Disabilities Act of expand a system for public access to information vide advocacy services. 1988, except as provided in subparagraph (B). concerning an activity carried out under an- (c) AMOUNT OF FINANCIAL ASSISTANCE.— (B) CHANGE IN AGENCY.—The Governor may (1) GRANTS TO OUTLYING AREAS.—From the other paragraph of this subsection, including change the lead agency if the Governor shows funds appropriated under section 105(a) and re- information about assistive technology devices good cause to the Secretary why the designated served under section 105(b)(1)(A) for any fiscal and assistive technology services, funding lead agency should be changed, in the applica- year for grants under this section, the Secretary sources and costs of such devices and services, tion supplement described in subsection (e), and shall make a grant in an amount of not more and individuals, organizations, and agencies ca- obtains approval of the supplement. than $105,000 to each eligible outlying area. pable of carrying out such an activity for indi- (2) DUTIES OF THE LEAD AGENCY.—The duties (2) GRANTS TO STATES.—From the funds de- viduals with disabilities. The system shall be of the lead agency shall include— part of, and complement the information that is scribed in paragraph (1) that are not used to (A) submitting the application supplement de- available through a link to, the National Public make grants under paragraph (1), the Secretary scribed in subsection (e) on behalf of the State; Internet Site described in section 104(c)(1). shall make grants to States in accordance with (B) administering and supervising the use of (ii) ACCESS.—Access to the system may be pro- the requirements described in paragraph (3). amounts made available under the grant re- vided through community-based locations, in- (3) CALCULATION OF STATE GRANTS.— ceived by the State under this section; cluding public libraries, centers for independent (A) CALCULATIONS FOR GRANTS IN THE SECOND (C)(i) coordinating efforts related to, and su- living (as defined in section 702 of the Rehabili- OR THIRD YEAR OF A SECOND EXTENSION pervising the preparation of, the application tation Act of 1973), locations of community re- GRANT.—For any fiscal year, the Secretary shall supplement described in subsection (e); habilitation programs (as defined in section 7 of calculate the amount of a grant under para- (ii) continuing the coordination of the mainte- such Act), schools, senior citizen centers, State graph (2) for each eligible State that would be in nance and evaluation of the comprehensive vocational rehabilitation offices, other State the second or third year of a second extension statewide program of technology-related assist- workforce offices, and other locations fre- grant made under section 103 of the Technology- ance among public agencies and between public quented or used by the public. Related Assistance for Individuals With Disabil- agencies and private entities, including coordi- (iii) INFORMATION COLLECTION AND PREPARA- ities Act of 1988, if that Act had been reauthor- nating efforts related to entering into inter- TION.—In operating or expanding a system de- ized for that fiscal year. agency agreements; and scribed in subparagraph (A), the State may— (B) CALCULATIONS FOR GRANTS IN THE FOURTH (iii) continuing the coordination of efforts, es- (I) develop, compile, and categorize print, OR FIFTH YEAR OF A SECOND EXTENSION GRANT.— pecially efforts carried out with entities that large print, braille, audio, and video materials, (i) FOURTH YEAR.—An eligible State that provide protection and advocacy services de- computer disks, compact discs (including com- would have been in the fourth year of a second scribed in section 102, related to the active, time- pact discs formatted with read-only memory), extension grant made under section 103 of the ly, and meaningful participation by individuals information in alternative formats that can be Technology-Related Assistance for Individuals with disabilities and their family members, used in telephone-based information systems, With Disabilities Act of 1988 during a fiscal guardians, advocates, or authorized representa- and materials using such other media as techno- year, if that Act had been reauthorized for that tives, and other appropriate individuals, with logical innovation may make appropriate; fiscal year, shall receive under paragraph (2) a respect to activities carried out under the grant; (II) identify and classify funding sources for grant in an amount equal to 75 percent of the and obtaining assistive technology devices and as- funding that the State received in the prior fis- (D) the delegation, in whole or in part, of any sistive technology services, and the conditions of cal year under section 103 of that Act or under responsibilities described in subparagraph (A), and criteria for access to such sources, including this section, as appropriate. (B), or (C) to 1 or more appropriate offices, any funding mechanisms or strategies developed (ii) FIFTH YEAR.—An eligible State that would agencies, entities, or individuals. by the State; have been in the fifth year of a second extension (e) APPLICATION SUPPLEMENT.— (III) identify support groups and systems de- grant made under section 103 of the Technology- (1) SUBMISSION.—Any State that desires to re- signed to help individuals with disabilities make Related Assistance for Individuals With Disabil- ceive a grant under this section shall submit to effective use of an activity carried out under an- ities Act of 1988 during a fiscal year, if that Act the Secretary an application supplement to the other paragraph of this subsection, including had been reauthorized for that fiscal year, shall application the State submitted under section groups that provide evaluations of assistive receive under paragraph (2) a grant in an 103 of the Technology-Related Assistance for In- technology devices and assistive technology amount equal to 50 percent of the funding that dividuals With Disabilities Act of 1988, at such services; and the State received in the third year of a second time, in such manner, and for such period as the (IV) maintain a record of the extent to which extension grant under section 103 of that Act or Secretary may specify, that contains the follow- citizens of the State use or make inquiries of the under this section, as appropriate. ing information: S12506 CONGRESSIONAL RECORD — SENATE October 14, 1998

(A) GOALS AND ACTIVITIES.—A description of— such State if the State submits an application shall be not less than $50,000, and the allotment (i) the goals the State has set, for addressing supplement under subsection (e) and meets other to any system under this paragraph for any fis- the assistive technology needs of individuals related requirements for a State seeking a grant cal year that is less than $50,000 shall be in- with disabilities in the State, including any re- under this section. creased to $50,000. lated to— (2) AMOUNT.—A State that receives an exten- (4) REALLOTMENT.—Whenever the Secretary (I) health care; sion of a grant under paragraph (1), shall re- determines that any amount of an allotment (II) education; ceive through the grant, for each of fiscal years under paragraph (3) to a system within a State (III) employment, including goals involving of the extension of the grant, an amount equiva- for any fiscal year will not be expended by such the State vocational rehabilitation program car- lent to the amount the State received for the system in carrying out the provisions of this sec- ried out under title I of the Rehabilitation Act fifth year of a second extension grant made tion, the Secretary shall make such amount of 1973; under section 103 of the Technology-Related As- available for carrying out the provisions of this (IV) telecommunication and information tech- sistance for Individuals With Disabilities Act of section to 1 or more of the systems that the Sec- nology; or 1988, or made under this section, as appropriate, retary determines will be able to use additional (V) community living; and from funds appropriated under section 105(a) amounts during such year for carrying out such (ii) the activities the State will undertake to and reserved under section 105(b)(1)(A) for provisions. Any amount made available to a sys- achieve such goals, in accordance with the re- grants under this section. tem for any fiscal year pursuant to the preced- quirements of subsection (b). (3) LIMITATION.—A State may not receive ing sentence shall, for the purposes of this sec- (B) MEASURES OF GOAL ACHIEVEMENT.—A de- amounts under an extension of a grant under tion, be regarded as an increase in the allotment scription of how the State will measure whether paragraph (1) after September 30, 2004. of the system (as determined under the preced- the goals set by the State have been achieved. SEC. 102. STATE GRANTS FOR PROTECTION AND ing provisions of this section) for such year. (C) INVOLVEMENT OF INDIVIDUALS WITH DIS- ADVOCACY RELATED TO ASSISTIVE (c) REPORT TO SECRETARY.—An entity that re- ABILITIES OF ALL AGES AND THEIR FAMILIES.—A TECHNOLOGY. ceives a grant under this section shall annually description of how individuals with disabilities (a) GRANTS TO STATES.— prepare and submit to the Secretary a report of all ages and their families— (1) IN GENERAL.—On the appropriation of that contains such information as the Secretary (i) were involved in selecting— funds under section 105, the Secretary shall may require, including documentation of the (I) the goals; make a grant to an entity in each State to sup- progress of the entity in— (II) the activities to be undertaken in achiev- port protection and advocacy services through (1) conducting consumer-responsive activities, ing the goals; and the systems established to provide protection including activities that will lead to increased (III) the measures to be used in judging if the and advocacy services under the Developmental access, for individuals with disabilities, to fund- goals have been achieved; and Disabilities Assistance and Bill of Rights Act (42 ing for assistive technology devices and assistive (ii) will be involved in measuring whether the U.S.C. 6000 et seq.) for the purposes of assisting technology services; goals have been achieved. in the acquisition, utilization, or maintenance (D) REDESIGNATION OF THE LEAD AGENCY.—If of assistive technology or assistive technology (2) engaging in informal advocacy to assist in the Governor elects to change the lead agency, services for individuals with disabilities. securing assistive technology and assistive tech- the following information: (2) CERTAIN STATES.—Notwithstanding para- nology services for individuals with disabilities; (i) With regard to the original lead agency, a graph (1), for a State that, on the day before the (3) engaging in formal representation for indi- description of the deficiencies of the agency; date of enactment of this Act, was described in viduals with disabilities to secure systems and section 102(f)(1) of the Technology-Related As- change, and in advocacy activities to secure as- (ii) With regard to the new lead agency, a de- sistance for Individuals With Disabilities Act of sistive technology and assistive technology serv- scription of— 1988, the Secretary shall make the grant to the ices for individuals with disabilities; (I) the capacity of the new lead agency to ad- lead agency designated under section 101(d). (4) developing and implementing strategies to minister and conduct activities described in sub- The lead agency shall determine how the funds enhance the long-term abilities of individuals section (b) and this paragraph; and made available under this section shall be di- with disabilities and their family members, (II) the procedures that the State will imple- vided among the entities that were providing guardians, advocates, and authorized represent- ment to avoid the deficiencies, described in protection and advocacy services in that State atives to advocate the provision of assistive clause (i), of the original lead agency. on that day, and distribute the funds to the en- technology devices and assistive technology (iii) Information identifying which agency tities. In distributing the funds, the lead agency services to which the individuals with disabil- prepared the application supplement. shall not establish any further eligibility or pro- ities are entitled under law other than this Act; (2) INTERIM STATUS OF STATE OBLIGATIONS.— cedural requirements for an entity in that State and Except as provided in subsection (f)(2), when that supports protection and advocacy services (5) coordinating activities with protection and the Secretary notifies a State that the State through the systems established to provide pro- advocacy services funded through sources other shall submit the application supplement to the tection and advocacy services under the Devel- than this title, and coordinating activities with application the State submitted under section opmental Disabilities Assistance and Bill of the capacity building and advocacy activities 103 of the Technology-Related Assistance for In- Rights Act (42 U.S.C. 6000 et seq.). Such an en- carried out by the lead agency. dividuals With Disabilities Act of 1988, the Sec- tity shall comply with the same requirements (d) REPORTS AND UPDATES TO STATE AGEN- retary shall specify in the notification the time (including reporting and enforcement require- CIES.—An entity that receives a grant under this period for which the application supplement ments) as any other entity that receives funding section shall prepare and submit to the lead shall apply, consistent with paragraph (4). under paragraph (1). agency the report described in subsection (c) (3) CONTINUING OBLIGATIONS.—Each State (3) PERIODS.—The Secretary shall provide as- and quarterly updates concerning the activities that receives a grant under this section shall sistance through such a grant to a State for 6 described in subsection (c). continue to abide by the assurances the State years. (e) COORDINATION.—On making a grant under made in the application the State submitted (b) AMOUNT OF FINANCIAL ASSISTANCE.— this section to an entity in a State, the Sec- under section 103 of the Technology-Related As- (1) GRANTS TO OUTLYING AREAS.—From the retary shall solicit and consider the opinions of sistance for Individuals With Disabilities Act of funds appropriated under section 105(a) and re- the lead agency of the State designated under 1988 and continue to comply with reporting re- served under section 105(b)(1)(A) for any fiscal section 101(d) with respect to efforts at coordi- quirements under that Act. year, the Secretary shall make a grant in an nation, collaboration, and promoting outcomes (4) DURATION OF APPLICATION SUPPLEMENT.— amount of not more than $30,000 to each eligible between the lead agency and the entity that re- (A) DETERMINATION.—The Secretary shall de- system within an outlying area. ceives the grant under this section. termine and specify to the State the time period (2) GRANTS TO STATES.—For any fiscal year, SEC. 103. ADMINISTRATIVE PROVISIONS. for which the application supplement shall after reserving funds to make grants under apply, in accordance with subparagraph (B). paragraph (1), the Secretary shall make allot- (a) REVIEW OF PARTICIPATING ENTITIES.— (B) LIMIT.—Such time period for any State ments from the remainder of the funds described (1) IN GENERAL.—The Secretary shall assess shall not extend beyond the year that would in paragraph (1) in accordance with paragraph the extent to which entities that receive grants have been the fifth year of a second extension (3) to eligible systems within States to support pursuant to this title are complying with the ap- grant made for that State under section 103 of protection and advocacy services as described in plicable requirements of this title and achieving the Technology-Related Assistance for Individ- subsection (a). The Secretary shall make grants the goals that are consistent with the require- uals With Disabilities Act of 1988, if the Act had to the eligible systems from the allotments. ments of the grant programs under which the been reauthorized through that year. (3) SYSTEMS WITHIN STATES.— entities applied for the grants. (f) EXTENSION OF FUNDING.—In the case of a (A) POPULATION BASIS.—Except as provided in (2) ONSITE VISITS OF STATES RECEIVING CER- State that was in the fifth year of a second ex- subparagraph (B), from such remainder for each TAIN GRANTS.— tension grant in fiscal year 1998 or is in the fifth fiscal year, the Secretary shall make an allot- (A) IN GENERAL.—The Secretary shall conduct year of a second extention grant in any of the ment to the eligible system within a State of an an onsite visit for each State that receives a fiscal years 1999 through 2004 made under sec- amount bearing the same ratio to such remain- grant under section 101 and that would have tion 103 of the Technology-Related Assistance der as the population of the State bears to the been in the third or fourth year of a second ex- for Individuals With Disabilitie Act of 1988, or population of all States. tension grant under the Technology-Related As- made under this section, as appropriate, the (B) MINIMUMS.—Subject to the availability of sistance for Individuals With Disabilities Act of Secretary may, in the discretion of the Sec- appropriations to carry out this section, the al- 1988 if that Act had been reauthorized for that retary, award a 3-year extention of the grant to lotment to any system under subparagraph (A) fiscal year, prior to the end of that year. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12507

(B) UNNECESSARY VISITS.—The Secretary shall represent a variety of ages and types of disabil- member of the public may obtain information not be required to conduct a visit of a State de- ities; posted on the site at any time. scribed in subparagraph (A) if the Secretary de- (E) the program outreach activities to rural (ii) INNOVATIVE AUTOMATED INTELLIGENT termines that the visit is not necessary to assess and inner-city areas that are carried out AGENT.—The site shall be constructed with an whether the State is making significant progress through the funded activities; innovative automated intelligent agent that is a toward development and implementation of a (F) the activities carried out through the diagnostic tool for assisting users in problem comprehensive statewide program of technology- funded activities that are targeted to reach definition and the selection of appropriate as- related assistance. underrepresented populations and rural popu- sistive technology devices and assistive tech- (3) ADVANCE PUBLIC NOTICE.—The Secretary lations; and nology services resources. shall provide advance public notice of an onsite (G) the consumer involvement activities car- (iii) RESOURCES.— visit conducted under paragraph (2) and solicit ried out through the funded activities. (I) LIBRARY ON ASSISTIVE TECHNOLOGY.—The public comment through such notice from tar- (3) AVAILABILITY OF ASSISTIVE TECHNOLOGY site shall include access to a comprehensive geted individuals, regarding State goals and re- DEVICES AND ASSISTIVE TECHNOLOGY SERVICES.— working library on assistive technology for all lated activities to achieve such goals funded As soon as practicable, the Secretary shall in- environments, including home, workplace, through a grant made under section 101. clude in the annual report required by this sub- transportation, and other environments. (4) MINIMUM REQUIREMENTS.—At a minimum, section information on the availability of assist- (II) RESOURCES FOR A NUMBER OF DISABIL- the visit shall allow the Secretary to determine ive technology devices and assistive technology ITIES.—The site shall include resources relating the extent to which the State is making progress services. to the largest possible number of disabilities, in- in meeting State goals and maintaining a com- (d) EFFECT ON OTHER ASSISTANCE.—This title cluding resources relating to low-level reading prehensive statewide program of technology-re- may not be construed as authorizing a Federal skills. lated assistance consistent with the purposes de- or a State agency to reduce medical or other as- (iv) LINKS TO PRIVATE SECTOR RESOURCES AND scribed in section 2(b)(1). sistance available, or to alter eligibility for a INFORMATION.—To the extent feasible, the site (5) PROVISION OF INFORMATION.—To assist the benefit or service, under any other Federal law. shall be linked to relevant private sector re- Secretary in carrying out the responsibilities of SEC. 104. TECHNICAL ASSISTANCE PROGRAM. sources and information, under agreements de- the Secretary under this section, the Secretary (a) IN GENERAL.—Through grants, contracts, veloped between the institution of higher edu- may require States to provide relevant informa- or cooperative agreements, awarded on a com- cation and cooperating private sector entities. tion. petitive basis, the Secretary is authorized to (D) MINIMUM LIBRARY COMPONENTS.—At a minimum, the Internet site shall maintain up- (b) CORRECTIVE ACTION AND SANCTIONS.— fund a technical assistance program to provide dated information on— (1) CORRECTIVE ACTION.—If the Secretary de- technical assistance to entities, principally enti- (i) how to plan, develop, implement, and termines that an entity fails to substantially ties funded under section 101 or 102. evaluate activities to further extend comprehen- comply with the requirements of this title with (b) INPUT.—In designing the program to be sive statewide programs of technology-related respect to a grant program, the Secretary shall funded under this section, and in deciding the assistance, including the development and rep- assist the entity through technical assistance differences in function between national and re- lication of effective approaches to— funded under section 104 or other means, within gionally based technical assistance efforts car- (I) providing information and referral serv- 90 days after such determination, to develop a ried out through the program, the Secretary ices; corrective action plan. shall consider the input of the directors of com- (II) promoting interagency coordination of (2) SANCTIONS.—An entity that fails to develop prehensive statewide programs of technology-re- training and service delivery among public and and comply with a corrective action plan as de- lated assistance and other individuals the Sec- private entities; scribed in paragraph (1) during a fiscal year retary determines to be appropriate, especially— (III) conducting outreach to underrepresented shall be subject to 1 of the following corrective (1) individuals with disabilities who use as- populations and rural populations; actions selected by the Secretary: sistive technology and understand the barriers (IV) mounting successful public awareness ac- (A) Partial or complete fund termination to the acquisition of such technology and assist- tivities; under the grant program. ive technology services; (V) improving capacity building in service de- (B) Ineligibility to participate in the grant (2) family members, guardians, advocates, and livery; program in the following year. authorized representatives of such individuals; (VI) training personnel from a variety of dis- (C) Reduction in funding for the following and ciplines; and year under the grant program. (3) individuals employed by protection and (VII) improving evaluation strategies, re- (D) Required redesignation of the lead agency advocacy systems funded under section 102. search, and data collection; designated under section 101(d) or an entity re- (c) SCOPE OF TECHNICAL ASSISTANCE.— (ii) effective approaches to the development of sponsible for administering the grant program. (1) NATIONAL PUBLIC INTERNET SITE.— consumer-controlled systems that increase ac- (3) APPEALS PROCEDURES.—The Secretary (A) ESTABLISHMENT OF INTERNET SITE.—The cess to, funding for, and awareness of, assistive shall establish appeals procedures for entities Secretary shall fund the establishment and technology devices and assistive technology that are found to be in noncompliance with the maintenance of a National Public Internet Site services; requirements of this title. for the purposes of providing to individuals with (iii) successful approaches to increasing the (c) ANNUAL REPORT.— disabilities and the general public technical as- availability of public and private funding for (1) IN GENERAL.—Not later than December 31 sistance and information on increased access to and access to the provision of assistive tech- of each year, the Secretary shall prepare, and assistive technology devices, assistive tech- nology devices and assistive technology services submit to the President and to Congress, a re- nology services, and other disability-related re- by appropriate State agencies; and port on the activities funded under this Act, to sources. (iv) demonstration sites where individuals improve the access of individuals with disabil- (B) ELIGIBLE ENTITY.—To be eligible to receive may try out assistive technology. ities to assistive technology devices and assistive a grant or enter into a contract or cooperative (2) TECHNICAL ASSISTANCE EFFORTS.—In carry- technology services. agreement under subsection (a) to establish and ing out the technical assistance program, taking (2) CONTENTS.—Such report shall include in- maintain the Internet site, an entity shall be an into account the input required under sub- formation on— institution of higher education that emphasizes section (b), the Secretary shall ensure that enti- (A) the demonstrated successes of the funded research and engineering, has a multidisci- ties— activities in improving interagency coordination plinary research center, and has demonstrated (A) address State-specific information requests relating to assistive technology, streamlining ac- expertise in— concerning assistive technology from other enti- cess to funding for assistive technology, and (i) working with assistive technology and in- ties funded under this title and public entities producing beneficial outcomes for users of as- telligent agent interactive information dissemi- not funded under this title, including— sistive technology; nation systems; (i) requests for state-of-the-art, or model, Fed- (B) the demonstration activities carried out (ii) managing libraries of assistive technology eral, State, and local laws, regulations, policies, through the funded activities to— and disability-related resources; practices, procedures, and organizational struc- (i) promote access to such funding in public (iii) delivering education, information, and re- tures, that facilitate, and overcome barriers to, programs that were in existence on the date of ferral services to individuals with disabilities, funding for, and access to, assistive technology the initiation of the demonstration activities; including technology-based curriculum develop- devices and assistive technology services; and ment services for adults with low-level reading (ii) requests for examples of policies, practices, (ii) establish additional options for obtaining skills; procedures, regulations, administrative hearing such funding; (iv) developing cooperative partnerships with decisions, or legal actions, that have enhanced (C) the education and training activities car- the private sector, particularly with private sec- or may enhance access to funding for assistive ried out through the funded activities to educate tor computer software, hardware, and Internet technology devices and assistive technology and train targeted individuals about assistive services entities; and services for individuals with disabilities; technology, including increasing awareness of (v) developing and designing advanced Inter- (iii) requests for information on effective ap- funding through public programs for assistive net sites. proaches to Federal-State coordination of pro- technology; (C) FEATURES OF INTERNET SITE.—The Na- grams for individuals with disabilities, related to (D) the research activities carried out through tional Public Internet Site described in subpara- improving funding for or access to assistive the funded activities to improve understanding graph (A) shall contain the following features: technology devices and assistive technology of the costs and benefits of access to assistive (i) AVAILABILITY OF INFORMATION AT ANY services for individuals with disabilities of all technology for individuals with disabilities who TIME.—The site shall be designed so that any ages; S12508 CONGRESSIONAL RECORD — SENATE October 14, 1998 (iv) requests for information on effective ap- and research that incorporates the principles of cerning the availability and potential of tech- proaches to the development of consumer-con- universal design)’’; and nology for individuals with disabilities. trolled systems that increase access to, funding (D) by adding at the end the following: ‘‘(e) In this section, the terms ‘assistive tech- for, and awareness of, assistive technology de- ‘‘(2) In carrying out its duties with respect to nology’, ‘targeted individuals’, and ‘universal vices and assistive technology services; the conduct of Federal research (including as- design’ have the meanings given the terms in (v) other requests for technical assistance from sistive technology research and research that in- section 3 of the Assistive Technology Act of other entities funded under this title and public corporates the principles of universal design) re- 1998.’’. entities not funded under this title; and lated to rehabilitation of individuals with dis- SEC. 202. NATIONAL COUNCIL ON DISABILITY. (vi) other assignments specified by the Sec- abilities, the Committee shall— Section 401 of the Rehabilitation Act of 1973 retary, including assisting entities described in ‘‘(A) share information regarding the range of (as amended by section 407 of the Workforce In- section 103(b) to develop corrective action plans; assistive technology research, and research that vestment Act of 1998) is amended by adding at and incorporates the principles of universal design, the end the following: (B) assist targeted individuals by disseminat- that is being carried out by members of the Com- ‘‘(c)(1) Not later than December 31, 1999, the ing information about— mittee and other Federal departments and orga- Council shall prepare a report describing the (i) Federal, State, and local laws, regulations, nizations; barriers in Federal assistive technology policy to policies, practices, procedures, and organiza- ‘‘(B) identify, and make efforts to address, increasing the availability of and access to as- tional structures, that facilitate, and overcome gaps in assistive technology research and re- sistive technology devices and assistive tech- barriers to, funding for, and access to, assistive search that incorporates the principles of uni- nology services for individuals with disabilities. technology devices and assistive technology versal design that are not being adequately ad- ‘‘(2) In preparing the report, the Council shall services, to promote fuller independence, pro- dressed; obtain input from the National Institute on Dis- ductivity, and inclusion in society for individ- ‘‘(C) identify, and establish, clear research ability and Rehabilitation Research and the As- uals with disabilities of all ages; and priorities related to assistive technology research sociation of Tech Act Projects, and from tar- (ii) technical assistance activities undertaken and research that incorporates the principles of geted individuals, as defined in section 3 of the under subparagraph (A). universal design for the Federal Government; Assistive Technology Act of 1998. (d) ELIGIBLE ENTITIES.—To be eligible to com- ‘‘(D) promote interagency collaboration and ‘‘(3) The Council shall submit the report, pete for grants, contracts, and cooperative joint research activities relating to assistive along with such recommendations as the Coun- agreements under this section, entities shall technology research and research that incor- cil determines to be appropriate, to the Commit- have documented experience with and expertise porates the principles of universal design at the tee on Labor and Human Resources of the Sen- in assistive technology service delivery or sys- Federal level, and reduce unnecessary duplica- ate and the Committee on Education and the tems, interagency coordination, and capacity tion of effort regarding these types of research Workforce of the House of Representatives.’’. building and advocacy activities. within the Federal Government; and SEC. 203. ARCHITECTURAL AND TRANSPOR- TATION BARRIERS COMPLIANCE (e) APPLICATION.—To be eligible to receive a ‘‘(E) optimize the productivity of Committee BOARD. grant, contract, or cooperative agreement under members through resource sharing and other (a) IN GENERAL.—Section 502 of the Rehabili- cost-saving activities, related to assistive tech- this section, an entity shall submit an applica- tation Act of 1973 (29 U.S.C. 792) is amended— tion to the Secretary at such time, in such man- nology research and research that incorporates (1) by redesignating subsections (d) through ner, and containing such information as the the principles of universal design.’’; (i) as subsections (e) through (j), respectively; Secretary may require. (3) by striking subsection (c) and inserting the (2) by inserting after subsection (c) the follow- SEC. 105. AUTHORIZATION OF APPROPRIATIONS. following: ing: (a) IN GENERAL.—There are authorized to be ‘‘(c) Not later than December 31 of each year, ‘‘(d) Beginning in fiscal year 2000, the Access appropriated to carry out this title $36,000,000 the Committee shall prepare and submit, to the Board, after consultation with the Secretary, for fiscal year 1999 and such sums as may be President and to the Committee on Education representatives of such public and private enti- necessary for each of fiscal years 2000 through and the Workforce of the House of Representa- ties as the Access Board determines to be appro- 2004. tives and the Committee on Labor and Human priate (including the electronic and information (b) RESERVATIONS OF FUNDS.— Resources of the Senate, a report that— technology industry), targeted individuals (as (1) IN GENERAL.—Except as provided in para- ‘‘(1) describes the progress of the Committee in defined in section 3 of the Assistive Technology graphs (2) and (3), of the amount appropriated fulfilling the duties described in subsection (b); Act of 1998), and State information technology under subsection (a) for a fiscal year— ‘‘(2) makes such recommendations as the Com- officers, shall provide training for Federal and (A) 87.5 percent of the amount shall be re- mittee determines to be appropriate with respect State employees on any obligations related to served to fund grants under section 101; to coordination of policy and development of ob- section 508 of the Rehabilitation Act of 1973.’’; (B) 7.9 percent shall be reserved to fund jectives and priorities for all Federal programs and grants under section 102; and relating to the conduct of research (including (3) in the second sentence of paragraph (1) of (C) 4.6 percent shall be reserved for activities assistive technology research and research that subsection (e) (as redesignated in paragraph funded under section 104. incorporates the principles of universal design) (1)), by striking ‘‘subsection (e)’’ and inserting (2) RESERVATION FOR CONTINUATION OF TECH- related to rehabilitation of individuals with dis- ‘‘subsection (f)’’. NICAL ASSISTANCE INITIATIVES.—For fiscal year abilities; and (b) CONFORMING AMENDMENT.—Section 506(c) 1999, the Secretary may use funds reserved ‘‘(3) describes the activities that the Committee of the Rehabilitation Act of 1973 (29 U.S.C. under subparagraph (C) of paragraph (1) to recommended to be funded through grants, con- 794(c)) is amended by striking ‘‘section continue funding technical assistance initiatives tracts, cooperative agreements, and other mech- 502(h)(1)’’ and inserting ‘‘section 502(i)(1)’’. that were funded in fiscal year 1998 under the anisms, for assistive technology research and Subtitle B—Other National Activities Technology-Related Assistance for Individuals development and research and development that SEC. 211. SMALL BUSINESS INCENTIVES. With Disabilities Act of 1988. incorporates the principles of universal de- (a) DEFINITION.—In this section, the term (3) RESERVATION FOR ONSITE VISITS.—The Sec- sign.’’; and ‘‘small business’’ means a small-business con- retary may reserve, from the amount appro- (4) by adding at the end the following: cern, as described in section 3(a) of the Small priated under subsection (a) for any fiscal year, ‘‘(d)(1) In order to promote coordination and Business Act (15 U.S.C. 632(a)). such sums as the Secretary considers to be nec- cooperation among Federal departments and (b) CONTRACTS FOR DESIGN, DEVELOPMENT, essary for the purposes of conducting onsite vis- agencies conducting assistive technology re- AND MARKETING.— its as required by section 103(a)(2). search programs, to reduce duplication of effort (1) IN GENERAL.—The Secretary may enter into among the programs, and to increase the avail- contracts with small businesses, to assist such TITLE II—NATIONAL ACTIVITIES ability of assistive technology for individuals businesses to design, develop, and market assist- Subtitle A—Rehabilitation Act of 1973 with disabilities, the Committee may recommend ive technology devices or assistive technology SEC. 201. COORDINATION OF FEDERAL RESEARCH activities to be funded through grants, contracts services. In entering into the contracts, the Sec- EFFORTS. or cooperative agreements, or other mecha- retary may give preference to businesses owned Section 203 of the Rehabilitation Act of 1973 nisms— or operated by individuals with disabilities. (as amended by section 405 of the Workforce In- ‘‘(A) in joint research projects for assistive (2) SMALL BUSINESS INNOVATIVE RESEARCH vestment Act of 1988) is amended— technology research and research that incor- PROGRAM.—Contracts entered into pursuant to (1) in subsection (a)(1), by inserting after porates the principles of universal design; and paragraph (1) shall be administered in accord- ‘‘programs,’’ insert ‘‘including programs relat- ‘‘(B) in other programs designed to promote a ance with the contract administration require- ing to assistive technology research and re- cohesive, strategic Federal program of research ments applicable to the Department of Edu- search that incorporates the principles of uni- described in subparagraph (A). cation under the Small Business Innovative Re- versal design,’’; ‘‘(2) The projects and programs described in search Program, as described in section 9(g) of (2) in subsection (b)— paragraph (1) shall be jointly administered by at the Small Business Act (15 U.S.C. 638(g)). Con- (A) by inserting ‘‘(1)’’ before ‘‘After receiv- least 2 agencies or departments with representa- tracts entered into pursuant to paragraph (1) ing’’; tives on the Committee. shall not be included in the calculation of the (B) by striking ‘‘from individuals with disabil- ‘‘(3) In recommending activities to be funded required expenditures of the Department under ities and the individuals’ representatives’’ and in the projects and programs, the Committee section 9(f) of such Act (15 U.S.C. 638(f)). inserting ‘‘from targeted individuals’’; shall obtain input from targeted individuals, (c) GRANTS FOR EVALUATION AND DISSEMINA- (C) by inserting after ‘‘research’’ the follow- and other organizations and individuals the TION OF INFORMATION ON EFFECTS OF TECH- ing: (including assistive technology research Committee determines to be appropriate, con- NOLOGY TRANSFER.—The Secretary may make October 14, 1998 CONGRESSIONAL RECORD — SENATE S12509 grants to small businesses to enable such busi- SEC. 213. UNIVERSAL DESIGN IN PRODUCTS AND (i) representatives of organizations represent- nesses— THE BUILT ENVIRONMENT. ing individuals with disabilities; and (1) to work with any entity funded by the Sec- The Secretary may make grants to commercial (ii) individuals with disabilities; and retary to evaluate and disseminate information or other enterprises and institutions of higher (2) the design, development, and implementa- on the effects of technology transfer on the lives education for the research and development of tion of outreach programs to promote the adop- of individuals with disabilities; universal design concepts for products (includ- tion of best practices referred to in paragraph (2) to benefit from the experience and exper- ing information technology) and the built envi- (1)(B). tise of such entities, in conducting such evalua- ronment. In making such grants, the Secretary (c) COORDINATION.—The Committee shall co- tion and dissemination; and shall give consideration to enterprises and insti- ordinate the activities of the Committee under (3) to utilize any technology transfer and mar- tutions that are owned or operated by individ- this section, as appropriate, with the activities ket research services such entities provide, to uals with disabilities. The Secretary shall define of the National Institute on Disability and Re- bring new assistive technology devices and as- the term ‘‘built environment’’ for purposes of habilitation Research and the activities of the sistive technology services into commerce. this section. Department of Labor. SEC. 212. TECHNOLOGY TRANSFER AND UNIVER- SEC. 214. OUTREACH. (d) TECHNICAL ASSISTANCE.—The Committee SAL DESIGN. (a) ASSISTIVE TECHNOLOGY IN RURAL OR IM- may provide technical assistance concerning the (a) IN GENERAL.—The Director of the National POVERISHED URBAN AREAS.—The Secretary may programs carried out under this section and Institute on Disability and Rehabilitation Re- make grants, enter into cooperative agreements, may reserve such portion of the funds appro- search may collaborate with the Federal Lab- or provide financial assistance through other priated to carry out this section as the Commit- oratory Consortium for Technology Transfer es- mechanisms, for projects designed to increase tee determines to be necessary to provide the tablished under section 11(e) of the Stevenson- the availability of assistive technology for rural technical assistance. Wydler Technology Innovation Act of 1980 (15 and impoverished urban populations, by deter- (e) DEFINITION.—In this section, the term ‘‘in- U.S.C. 3710(e)), to promote technology transfer mining the unmet assistive technology needs of formation technology’’ means any equipment or that will further development of assistive tech- such populations, and designing and implement- interconnected system or subsystem of equip- nology and products that incorporate the prin- ing programs to meet such needs. ment, that is used in the automatic acquisition, ciples of universal design. (b) ASSISTIVE TECHNOLOGY FOR CHILDREN AND storage, manipulation, management, movement, control, display, switching, interchange, trans- (b) COLLABORATION.—In promoting the tech- OLDER INDIVIDUALS.—The Secretary may make nology transfer, the Director and the Consor- grants, enter into cooperative agreements, or mission, or reception of data or information, in- tium described in subsection (a) may collabo- provide financial assistance through other cluding a computer, ancillary equipment, soft- rate— mechanisms, for projects designed to increase ware, firmware and similar procedures, services (1) to enable the National Institute on Disabil- the availability of assistive technology for popu- (including support services), and related re- ity and Rehabilitation Research to work more lations of children and older individuals, by de- sources. effectively with the Consortium, and to enable termining the unmet assistive technology needs SEC. 217. AUTHORIZATION OF APPROPRIATIONS. the Consortium to fulfill the responsibilities of of such populations, and designing and imple- There are authorized to be appropriated to the Consortium to assist Federal agencies with menting programs to meet such needs. carry out this title, and the provisions of section technology transfer under the Stevenson-Wydler SEC. 215. TRAINING PERTAINING TO REHABILITA- 203 of the Rehabilitation Act of 1973 that relate Technology Innovation Act of 1980 (15 U.S.C. TION ENGINEERS AND TECHNI- to research described in section 203(b)(2)(A) of CIANS. 3701 et seq); such Act, $10,000,000 for fiscal year 1999, and (a) GRANTS AND CONTRACTS.—The Secretary (2) to increase the awareness of staff members such sums as may be necessary for fiscal year shall make grants, or enter into contracts with, of the Federal Laboratories regarding assistive 2000. public and private agencies and organizations, technology issues and the principles of universal TITLE III—ALTERNATIVE FINANCING including institutions of higher education, to design; MECHANISMS help prepare students, including students pre- (3) to compile a compendium of current and paring to be rehabilitation technicians, and fac- SEC. 301. GENERAL AUTHORITY. projected Federal Laboratory technologies and ulty working in the field of rehabilitation engi- (a) IN GENERAL.—The Secretary shall award projects that have or will have an intended or neering, for careers related to the provision of grants to States to pay for the Federal share of recognized impact on the available range of as- assistive technology devices and assistive tech- the cost of the establishment and administration sistive technology for individuals with disabil- nology services. of, or the expansion and administration of, an ities, including technologies and projects that (b) ACTIVITIES.—An agency or organization alternative financing program featuring 1 or incorporate the principles of universal design, that receives a grant or contract under sub- more alternative financing mechanisms to allow as appropriate; section (a) may use the funds made available individuals with disabilities and their family (4) to develop strategies for applying develop- through the grant or contract— members, guardians, advocates, and authorized ments in assistive technology and universal de- (1) to provide training programs for individ- representatives to purchase assistive technology sign to mainstream technology, to improve uals employed or seeking employment in the devices and assistive technology services (re- economies of scale and commercial incentives for field of rehabilitation engineering, including ferred to individually in this title as an ‘‘alter- assistive technology; and postsecondary education programs; native financing mechanism’’). (5) to cultivate developments in assistive tech- (2) to provide workshops, seminars, and con- (b) MECHANISMS.—The alternative financing nology and universal design through demonstra- ferences concerning rehabilitation engineering mechanisms may include— tion projects and evaluations, conducted with that relate to the use of assistive technology de- (1) a low-interest loan fund; assistive technology professionals and potential vices and assistive technology services to im- (2) an interest buy-down program; users of assistive technology. prove the lives of individuals with disabilities; (3) a revolving loan fund; (c) GRANTS, CONTRACTS, AND COOPERATIVE and (4) a loan guarantee or insurance program; AGREEMENTS.—The Secretary may make grants (3) to design, develop, and disseminate cur- (5) a program operated by a partnership to or enter into contracts or cooperative agree- ricular materials to be used in the training pro- among private entities for the purchase, lease, ments with commercial, nonprofit, or other orga- grams, workshops, seminars, and conferences or other acquisition of assistive technology de- nizations, including institutions of higher edu- described in paragraphs (1) and (2). vices or assistive technology services; or cation, to facilitate interaction with the Consor- (6) another mechanism that meets the require- SEC. 216. PRESIDENT’S COMMITTEE ON EMPLOY- tium to achieve the objectives of this section. MENT OF PEOPLE WITH DISABIL- ments of this title and is approved by the Sec- (d) RESPONSIBILITIES OF CONSORTIUM.—Sec- ITIES. retary. tion 11(e)(1) of the Stevenson-Wydler Tech- (a) PROGRAMS.—The President’s Committee on (c) REQUIREMENTS.— nology Innovation Act of 1980 (15 U.S.C. Employment of People With Disabilities (re- (1) PERIOD.—The Secretary may award grants 3710(e)(1)) is amended— ferred to in this section as ‘‘the Committee’’) under this title for periods of 1 year. (1) in subparagraph (I), by striking ‘‘; and’’ may design, develop, and implement programs to (2) LIMITATION.—No State may receive more and inserting a semicolon; increase the voluntary participation of the pri- than 1 grant under this title. (2) in subparagraph (J), by striking the period vate sector in making information technology (d) FEDERAL SHARE.—The Federal share of and inserting ‘‘; and’’; and accessible to individuals with disabilities, in- the cost of the alternative financing program (3) by adding at the end the following: cluding increasing the involvement of individ- shall not be more than 50 percent. ‘‘(K) work with the Director of the National uals with disabilities in the design, development, (e) CONSTRUCTION.—Nothing in this section Institute on Disability and Rehabilitation Re- and manufacturing of information technology. shall be construed as affecting the authority of search to compile a compendium of current and (b) ACTIVITIES.—The Committee may carry out a State to establish an alternative financing projected Federal Laboratory technologies and activities through the programs that may in- program under title I. projects that have or will have an intended or clude— SEC. 302. AMOUNT OF GRANTS. recognized impact on the available range of as- (1) the development and coordination of a (a) IN GENERAL.— sistive technology for individuals with disabil- task force, which— (1) GRANTS TO OUTLYING AREAS.—From the ities (as defined in section 3 of the Assistive (A) shall develop and disseminate information funds appropriated under section 308 for any Technology Act of 1998), including technologies on voluntary best practices for universal acces- fiscal year that are not reserved under section and projects that incorporate the principles of sibility in information technology; and 308(b), the Secretary shall make a grant in an universal design (as defined in section 3 of such (B) shall consist of members of the public and amount of not more than $105,000 to each eligi- Act), as appropriate.’’. private sectors, including— ble outlying area. S12510 CONGRESSIONAL RECORD — SENATE October 14, 1998

(2) GRANTS TO STATES.—From the funds de- (5) will be available to support the alternative (b) GRANTS, CONTRACTS, AND COOPERATIVE scribed in paragraph (1) that are not used to financing program; and AGREEMENTS.—The Secretary shall provide the make grants under paragraph (1), the Secretary (B) any interest or investment income that ac- information and technical assistance described shall make grants to States from allotments crues on or derives from such funds after such in subsection (a) through grants, contracts, and made in accordance with the requirements de- funds have been placed under the control of the cooperative agreements with public or private scribed in paragraph (3). organization administering the alternative fi- agencies and organizations, including institu- (3) ALLOTMENTS.—From the funds described in nancing program, but before such funds are dis- tions of higher education, with sufficient docu- paragraph (1) that are not used to make grants tributed for purposes of supporting the program, mented experience, expertise, and capacity to under paragraph (1)— will be the property of the organization admin- assist States in the development and implemen- (A) the Secretary shall allot $500,000 to each istering the program; and tation of the alternative financing programs State; and (7) an assurance that the percentage of the carried out under this title. (B) from the remainder of the funds— funds made available through the grant that is SEC. 307. ANNUAL REPORT. (i) the Secretary shall allot to each State an used for indirect costs shall not exceed 10 per- Not later than December 31 of each year, the amount that bears the same ratio to 80 percent cent. Secretary shall submit a report to the Committee of the remainder as the population of the State (c) LIMIT.—The interest and income described on Education and the Workforce of the House of bears to the population of all States; and in subsection (b)(6)(B) shall not be taken into Representatives and the Committee on Labor (ii) the Secretary shall allot to each State with account by any officer or employee of the Fed- and Human Resources of the Senate describing a population density that is not more than 10 eral Government for purposes of determining eli- the progress of each alternative financing pro- percent greater than the population density of gibility for any Federal program. gram funded under this title toward achieving the United States (according to the most re- SEC. 304. CONTRACTS WITH COMMUNITY-BASED the objectives of this title. The report shall in- cently available census data) an equal share ORGANIZATIONS. clude information on— from 20 percent of the remainder. (a) IN GENERAL.—A State that receives a grant (1) the number of grant applications received (b) INSUFFICIENT FUNDS.—If the funds appro- under this title shall enter into a contract with and approved by the Secretary under this title, priated under this title for a fiscal year are in- a community-based organization (including a and the amount of each grant awarded under sufficient to fund the activities described in the group of such organizations) that has individ- this title; acceptable applications submitted under this uals with disabilities involved in organizational (2) the ratio of funds provided by each State title for such year, a State whose application decisionmaking at all organizational levels, to for the alternative financing program of the was approved for such year but that did not re- administer the alternative financing program. State to funds provided by the Federal Govern- ceive a grant under this title may update the (b) PROVISIONS.—The contract shall— ment for the program; application for the succeeding fiscal year. Prior- (1) include a provision requiring that the pro- (3) the type of alternative financing mecha- ity shall be given in such succeeding fiscal year gram funds, including the Federal and non-Fed- nisms used by each State and the community- to such updated applications, if acceptable. eral shares of the cost of the program, be admin- based organization with which each State en- (c) DEFINITIONS.—In subsection (a): istered in a manner consistent with the provi- tered into a contract, under the program; and (1) OUTLYING AREA.—The term ‘‘outlying sions of this title; (4) the amount of assistance given to consum- area’’ means the United States Virgin Islands, (2) include any provision the Secretary re- ers through the program (who shall be classified Guam, American Samoa, and the Common- quires concerning oversight and evaluation nec- by age, type of disability, type of assistive tech- wealth of the Northern Mariana Islands. essary to protect Federal financial interests; and nology device or assistive technology service fi- (2) STATE.—The term ‘‘State’’ does not include (3) require the community-based organization nanced through the program, geographic dis- the United States Virgin Islands, Guam, Amer- to enter into a contract, to expand opportunities tribution within the State, gender, and whether ican Samoa, and the Commonwealth of the under this title and facilitate administration of the consumers are part of an underrepresented Northern Mariana Islands. the alternative financing program, with— population or rural population). SEC. 303. APPLICATIONS AND PROCEDURES. (A) commercial lending institutions or organi- SEC. 308. AUTHORIZATION OF APPROPRIATIONS. zations; or (a) ELIGIBILITY.—States that receive or have (a) IN GENERAL.—There are authorized to be received grants under section 101 and comply (B) State financing agencies. appropriated to carry out this title $10,000,000 with subsection (b) shall be eligible to compete SEC. 305. GRANT ADMINISTRATION REQUIRE- for fiscal year 1999 and such sums as may be for grants under this title. MENTS. necessary for fiscal year 2000. (b) APPLICATION.—To be eligible to compete A State that receives a grant under this title (b) RESERVATION.—Of the amounts appro- for a grant under this title, a State shall submit and any community-based organization that en- priated under subsection (a) for a fiscal year, an application to the Secretary at such time, in ters into a contract with the State under this the Secretary shall reserve 2 percent for the pur- such manner, and containing such information title, shall submit to the Secretary, pursuant to pose of providing information and technical as- as the Secretary may require, including— a schedule established by the Secretary (or if the sistance to States under section 306. Secretary does not establish a schedule, within (1) an assurance that the State will provide TITLE IV—REPEAL AND CONFORMING 12 months after the date that the State receives the non-Federal share of the cost of the alter- AMENDMENTS native financing program in cash, from State, the grant), each of the following policies or pro- local, or private sources; cedures for administration of the alternative fi- SEC. 401. REPEAL. (2) an assurance that the alternative financ- nancing program: The Technology-Related Assistance for Indi- ing program will continue on a permanent basis; (1) A procedure to review and process in a viduals With Disabilities Act of 1988 (29 U.S.C. (3) an assurance that, and information de- timely manner requests for financial assistance 2201 et seq.) is repealed. scribing the manner in which, the alternative fi- for immediate and potential technology needs, SEC. 402. CONFORMING AMENDMENTS. nancing program will expand and emphasize including consideration of methods to reduce (a) DEFINITIONS.—Section 6 of the Rehabilita- consumer choice and control; paperwork and duplication of effort, particu- tion Act of 1973 (as amended by section 403 of (4) an assurance that the funds made avail- larly relating to need, eligibility, and determina- the Workforce Investment Act of 1998) is amend- able through the grant to support the alter- tion of the specific assistive technology device or ed— native financing program will be used to supple- service to be financed through the program. (1) in paragraph (3), by striking ‘‘section 3(2) ment and not supplant other Federal, State, and (2) A policy and procedure to assure that ac- of the Technology-Related Assistance for Indi- local public funds expended to provide alter- cess to the alternative financing program shall viduals With Disabilities Act of 1988 (29 U.S.C. native financing mechanisms; be given to consumers regardless of type of dis- 2202(2))’’ and inserting ‘‘section 3 of the Assist- (5) an assurance that the State will ensure ability, age, income level, location of residence ive Technology Act of 1998’’; and that— in the State, or type of assistive technology de- (2) in paragraph (4), by striking ‘‘section 3(3) (A) all funds that support the alternative fi- vice or assistive technology service for which fi- of the Technology-Related Assistance for Indi- nancing program, including funds repaid during nancing is requested through the program. viduals With Disabilities Act of 1988 (29 U.S.C. the life of the program, will be placed in a per- (3) A procedure to assure consumer-controlled 2202(3))’’ and inserting ‘‘section 3 of the Assist- manent separate account and identified and ac- oversight of the program. ive Technology Act of 1998’’. counted for separately from any other fund; SEC. 306. INFORMATION AND TECHNICAL ASSIST- (b) RESEARCH AND OTHER COVERED ACTIVI- (B) if the organization administering the pro- ANCE. TIES.—Section 204(b)(3) of the Rehabilitation Act gram invests funds within this account, the or- (a) IN GENERAL.—The Secretary shall provide of 1973 (as amended by section 405 of the Work- ganization will invest the funds in low-risk se- information and technical assistance to States force Investment Act of 1998) is amended— curities in which a regulated insurance com- under this title, which shall include— (1) in subparagraph (C)(i), by striking ‘‘the pany may invest under the law of the State; and (1) providing assistance in preparing applica- Technology-Related Assistance for Individuals (C) the organization will administer the funds tions for grants under this title; With Disabilities Act of 1988 (29 U.S.C. 2201 et with the same judgment and care that a person (2) assisting grant recipients under this title to seq.)’’ and inserting ‘‘the Assistive Technology of prudence, discretion, and intelligence would develop and implement alternative financing Act of 1998’’; and exercise in the management of the financial af- programs; and (2) in subparagraph (G)(i), by striking ‘‘the fairs of such person; (3) providing any other information and tech- Technology-Related Assistance for Individuals (6) an assurance that— nical assistance the Secretary determines to be With Disabilities Act of 1988 (29 U.S.C. 2201 et (A) funds comprised of the principal and in- appropriate to assist States to achieve the objec- seq.)’’ and inserting ‘‘the Assistive Technology terest from the account described in paragraph tives of this title. Act of 1998’’. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12511

(c) PROTECTION AND ADVOCACY.—Section Sec. 142. HEAL lender and holder performance nority faculty including the payment of such 509(a)(2) of the Rehabilitation Act of 1973 (as standards. stipends and fellowships as the Secretary may amended by section 408 of the Workforce Invest- Sec. 143. Insurance Program. determine appropriate; ment Act of 1998) is amended by striking ‘‘the Sec. 144. HEAL bankruptcy. ‘‘(4) to carry out activities to improve the in- Technology-Related Assistance for Individuals Sec. 145. HEAL refinancing. formation resources, clinical education, curric- With Disabilities Act of 1988 (42 U.S.C. 2201 et TITLE II—OFFICE OF MINORITY HEALTH ula and cultural competence of the graduates of seq.)’’ and inserting ‘‘the Assistive Technology the school, as it relates to minority health Sec. 201. Revision and extension of programs of Act of 1998’’. issues; Office of Minority Health. ‘‘(5) to facilitate faculty and student research Mr. THOMAS. Mr. President, I ask TITLE III—SELECTED INITIATIVES on health issues particularly affecting under- unanimous consent that the Senate Sec. 301. State offices of rural health. represented minority groups, including research agree to the amendment of the House. Sec. 302. Demonstration projects regarding Alz- on issues relating to the delivery of health care; The PRESIDING OFFICER. Without heimer’s Disease. ‘‘(6) to carry out a program to train students objection, it is so ordered. Sec. 303. Project grants for immunization serv- of the school in providing health services to a f ices. significant number of under-represented minor- ity individuals through training provided to HEALTH PROFESSIONS EDUCATION TITLE IV—MISCELLANEOUS PROVISIONS such students at community-based health facili- PARTNERSHIP ACT OF 1998 Sec. 401. Technical corrections regarding Public ties that— Law 103–183. ‘‘(A) provide such health services; and Mr. THOMAS. Mr. President, I ask Sec. 402. Miscellaneous amendments regarding ‘‘(B) are located at a site remote from the the Chair lay before the Senate a mes- PHS commissioned officers. main site of the teaching facilities of the school; sage from the House of Representatives Sec. 403. Clinical traineeships. and on the bill (S. 1754) to amend the Pub- Sec. 404. Project grants for screenings, referrals, ‘‘(7) to provide stipends as the Secretary deter- lic Health Service Act to consolidate and education regarding lead poi- mines appropriate, in amounts as the Secretary and reauthorize health professions and soning. determines appropriate. minority and disadvantaged health Sec. 405. Project grants for preventive health ‘‘(c) CENTERS OF EXCELLENCE.— services regarding tuberculosis. ‘‘(1) DESIGNATED SCHOOLS.— professions and disadvantaged health ‘‘(A) IN GENERAL.—The designated health pro- education programs, and for other pur- Sec. 406. CDC loan repayment program. Sec. 407. Community programs on domestic vio- fessions schools referred to in subsection (a) are such schools that meet each of the conditions poses. lence. specified in subparagraphs (B) and (C), and The PRESIDING OFFICER laid be- Sec. 408. State loan repayment program. that— fore the Senate the following message Sec. 409. Authority of the director of NIH. ‘‘(i) meet each of the conditions specified in from the House of Representatives: Sec. 410. Raise in maximum level of loan repay- paragraph (2)(A); Resolved, That the bill from the Senate (S. ments. ‘‘(ii) meet each of the conditions specified in 1754) entitled ‘‘An Act to amend the Public Sec. 411. Construction of regional centers for re- paragraph (3); Health Service Act to consolidate and reau- search on primates. ‘‘(iii) meet each of the conditions specified in thorize health professions and minority and Sec. 412. Peer review. paragraph (4); or disadvantaged health education programs, Sec. 413. Funding for trauma care. ‘‘(iv) meet each of the conditions specified in and for other purposes’’, do pass with the fol- Sec. 414. Health information and health pro- paragraph (5). lowing amendment: motion. ‘‘(B) GENERAL CONDITIONS.—The conditions Strike out all after the enacting clause and Sec. 415. Emergency medical services for chil- specified in this subparagraph are that a des- insert: dren. ignated health professions school— SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 416. Administration of certain require- ‘‘(i) has a significant number of under-rep- (a) SHORT TITLE.—This Act may be cited as ments. resented minority individuals enrolled in the the ‘‘Health Professions Education Partnerships Sec. 417. Aids drug assistance program. school, including individuals accepted for en- Act of 1998’’. Sec. 418. National Foundation for Biomedical rollment in the school; (b) TABLE OF CONTENTS.—The table of con- Research. ‘‘(ii) has been effective in assisting under-rep- tents of this Act is as follows: Sec. 419. Fetal Alcohol Syndrome prevention resented minority students of the school to com- Sec. 1. Short title; table of contents. and services. plete the program of education and receive the TITLE I—HEALTH PROFESSIONS EDU- TITLE I—HEALTH PROFESSIONS EDU- degree involved; ‘‘(iii) has been effective in recruiting under- CATION AND FINANCIAL ASSISTANCE CATION AND FINANCIAL ASSISTANCE represented minority individuals to enroll in PROGRAMS PROGRAMS and graduate from the school, including provid- Subtitle A—Health Professions Education Subtitle A—Health Professions Education ing scholarships and other financial assistance Programs Programs to such individuals and encouraging under-rep- Sec. 101. Under-represented minority health SEC. 101. UNDER-REPRESENTED MINORITY resented minority students from all levels of the professions grant program. HEALTH PROFESSIONS GRANT PRO- educational pipeline to pursue health profes- Sec. 102. Training in primary care medicine and GRAM. sions careers; and dentistry. (a) IN GENERAL.—Part B of title VII of the ‘‘(iv) has made significant recruitment efforts Sec. 103. Interdisciplinary, community-based Public Health Service Act (42 U.S.C. 293 et seq.) to increase the number of under-represented mi- linkages. is amended to read as follows: nority individuals serving in faculty or adminis- Sec. 104. Health professions workforce informa- ‘‘PART B—HEALTH PROFESSIONS trative positions at the school. tion and analysis. ‘‘(C) CONSORTIUM.—The condition specified in Sec. 105. Public health workforce development. TRAINING FOR DIVERSITY this subparagraph is that, in accordance with Sec. 106. General provisions. ‘‘SEC. 736. CENTERS OF EXCELLENCE. subsection (e)(1), the designated health profes- Sec. 107. Preference in certain programs. ‘‘(a) IN GENERAL.—The Secretary shall make sion school involved has with other health pro- Sec. 108. Definitions. grants to, and enter into contracts with, des- fession schools (designated or otherwise) formed Sec. 109. Technical amendment on National ignated health professions schools described in a consortium to carry out the purposes described Health Service Corps. subsection (c), and other public and nonprofit Sec. 110. Savings provision. in subsection (b) at the schools of the consor- health or educational entities, for the purpose of Subtitle B—Nursing Workforce Development tium. assisting the schools in supporting programs of ‘‘(D) APPLICATION OF CRITERIA TO OTHER PRO- Sec. 121. Short title. excellence in health professions education for GRAMS.—In the case of any criteria established Sec. 122. Purpose. under-represented minority individuals. Sec. 123. Amendments to Public Health Service by the Secretary for purposes of determining ‘‘(b) REQUIRED USE OF FUNDS.—The Secretary whether schools meet the conditions described in Act. may not make a grant under subsection (a) un- Sec. 124. Savings provision. subparagraph (B), this section may not, with re- less the designated health professions school in- Subtitle C—Financial Assistance spect to racial and ethnic minorities, be con- volved agrees, subject to subsection (c)(1)(C), to strued to authorize, require, or prohibit the use CHAPTER 1—SCHOOL-BASED REVOLVING expend the grant— of such criteria in any program other than the LOAN FUNDS ‘‘(1) to develop a large competitive applicant program established in this section. Sec. 131. Primary care loan program. pool through linkages with institutions of high- ‘‘(2) CENTERS OF EXCELLENCE AT CERTAIN HIS- Sec. 132. Loans for disadvantaged students. er education, local school districts, and other TORICALLY BLACK COLLEGES AND UNIVERSITIES.— Sec. 133. Student loans regarding schools of community-based entities and establish an edu- ‘‘(A) CONDITIONS.—The conditions specified in nursing. cation pipeline for health professions careers; this subparagraph are that a designated health Sec. 134. General provisions. ‘‘(2) to establish, strengthen, or expand pro- professions school— CHAPTER 2—INSURED HEALTH EDU- grams to enhance the academic performance of ‘‘(i) is a school described in section 799B(1); CATION ASSISTANCE LOANS TO GRAD- under-represented minority students attending and UATE STUDENTS the school; ‘‘(ii) received a contract under section 788B Sec. 141. Health Education Assistance Loan ‘‘(3) to improve the capacity of such school to for fiscal year 1987, as such section was in effect Program. train, recruit, and retain under-represented mi- for such fiscal year. S12512 CONGRESSIONAL RECORD — SENATE October 14, 1998

‘‘(B) USE OF GRANT.—In addition to the pur- cational requirements for a degree from the des- ‘‘(A) IN GENERAL.—If the amounts appro- poses described in subsection (b), a grant under ignated health professions school. priated under paragraph (1) for a fiscal year are subsection (a) to a designated health professions ‘‘(5) OTHER CENTERS OF EXCELLENCE.—The $24,000,000 or less— school meeting the conditions described in sub- conditions specified in this paragraph are— ‘‘(i) the Secretary shall make available paragraph (A) may be expended— ‘‘(A) with respect to other centers of excel- $12,000,000 for grants under subsection (a) to ‘‘(i) to develop a plan to achieve institutional lence, the conditions described in clauses (i) health professions schools that meet the condi- improvements, including financial independ- through (iv) of paragraph (1)(B); and tions described in subsection (c)(2)(A); and ence, to enable the school to support programs ‘‘(B) that the health professions school in- ‘‘(ii) and available after grants are made with of excellence in health professions education for volved has an enrollment of under-represented funds under clause (i), the Secretary shall make under-represented minority individuals; and minorities above the national average for such available— ‘‘(ii) to provide improved access to the library enrollments of health professions schools. and informational resources of the school. ‘‘(d) DESIGNATION AS CENTER OF EXCEL- ‘‘(I) 60 percent of such amount for grants ‘‘(C) EXCEPTION.—The requirements of para- LENCE.— under subsection (a) to health professions graph (1)(C) shall not apply to a historically ‘‘(1) IN GENERAL.—Any designated health pro- schools that meet the conditions described in black college or university that receives funding fessions school receiving a grant under sub- paragraph (3) or (4) of subsection (c) (including under paragraphs (2) or (5). section (a) and meeting the conditions described meeting the conditions under subsection (e)); ‘‘(3) HISPANIC CENTERS OF EXCELLENCE.—The in paragraph (2) or (5) of subsection (c) shall, and conditions specified in this paragraph are that— for purposes of this section, be designated by the ‘‘(II) 40 percent of such amount for grants ‘‘(A) with respect to Hispanic individuals, Secretary as a Center of Excellence in Under- under subsection (a) to health professions each of clauses (i) through (iv) of paragraph Represented Minority Health Professions Edu- schools that meet the conditions described in (1)(B) applies to the designated health profes- cation. subsection (c)(5). sions school involved; ‘‘(2) HISPANIC CENTERS OF EXCELLENCE.—Any designated health professions school receiving a ‘‘(B) FUNDING IN EXCESS OF $24,000,000.—If ‘‘(B) the school agrees, as a condition of re- amounts appropriated under paragraph (1) for a ceiving a grant under subsection (a), that the grant under subsection (a) and meeting the con- ditions described in subsection (c)(3) shall, for fiscal year exceed $24,000,000 but are less than school will, in carrying out the duties described $30,000,000— in subsection (b), give priority to carrying out purposes of this section, be designated by the ‘‘(i) 80 percent of such excess amounts shall be the duties with respect to Hispanic individuals; Secretary as a Hispanic Center of Excellence in made available for grants under subsection (a) and Health Professions Education. to health professions schools that meet the re- ‘‘(C) the school agrees, as a condition of re- ‘‘(3) NATIVE AMERICAN CENTERS OF EXCEL- quirements described in paragraph (3) or (4) of ceiving a grant under subsection (a), that— LENCE.—Any designated health professions ‘‘(i) the school will establish an arrangement school receiving a grant under subsection (a) subsection (c) (including meeting conditions with 1 or more public or nonprofit community and meeting the conditions described in sub- pursuant to subsection (e)); and based Hispanic serving organizations, or public section (c)(4) shall, for purposes of this section, ‘‘(ii) 20 percent of such excess amount shall be or nonprofit private institutions of higher edu- be designated by the Secretary as a Native made available for grants under subsection (a) cation, including schools of nursing, whose en- American Center of Excellence in Health Profes- to health professions schools that meet the con- rollment of students has traditionally included a sions Education. Any consortium receiving such ditions described in subsection (c)(5). significant number of Hispanic individuals, the a grant pursuant to subsection (e) shall, for ‘‘(C) FUNDING IN EXCESS OF $30,000,000.—If purposes of which will be to carry out a pro- purposes of this section, be so designated. amounts appropriated under paragraph (1) for a gram— ‘‘(e) AUTHORITY REGARDING NATIVE AMERICAN fiscal year are $30,000,000 or more, the Secretary ‘‘(I) to identify Hispanic students who are in- CENTERS OF EXCELLENCE.—With respect to meet- shall make available— ing the conditions specified in subsection (c)(4), terested in a career in the health profession in- ‘‘(i) not less than $12,000,000 for grants under the Secretary may make a grant under sub- volved; and subsection (a) to health professions schools that section (a) to a designated health professions ‘‘(II) to facilitate the educational preparation meet the conditions described in subsection school that does not meet such conditions if— of such students to enter the health professions (c)(2)(A); school; and ‘‘(1) the school has formed a consortium in ac- ‘‘(ii) not less than $12,000,000 for grants under ‘‘(ii) the school will make efforts to recruit cordance with subsection (d)(1); and subsection (a) to health professions schools that Hispanic students, including students who have ‘‘(2) the schools of the consortium collectively meet the conditions described in paragraph (3) participated in the undergraduate or other ma- meet such conditions, without regard to whether or (4) of subsection (c) (including meeting condi- triculation program carried out under arrange- the schools individually meet such conditions. ‘‘(f) DURATION OF GRANT.—The period during tions pursuant to subsection (e)); ments established by the school pursuant to which payments are made under a grant under clause (i)(II) and will assist Hispanic students ‘‘(iii) not less than $6,000,000 for grants under subsection (a) may not exceed 5 years. Such regarding the completion of the educational re- subsection (a) to health professions schools that payments shall be subject to annual approval by quirements for a degree from the school. meet the conditions described in subsection the Secretary and to the availability of appro- ‘‘(4) NATIVE AMERICAN CENTERS OF EXCEL- (c)(5); and priations for the fiscal year involved to make LENCE.—Subject to subsection (e), the conditions ‘‘(iv) after grants are made with funds under the payments. specified in this paragraph are that— clauses (i) through (iii), any remaining funds ‘‘(g) DEFINITIONS.—In this section: ‘‘(A) with respect to Native Americans, each for grants under subsection (a) to health profes- ‘‘(1) DESIGNATED HEALTH PROFESSIONS of clauses (i) through (iv) of paragraph (1)(B) sions schools that meet the conditions described SCHOOL.— applies to the designated health professions ‘‘(A) IN GENERAL.—The term ‘health profes- in paragraph (2)(A), (3), (4), or (5) of subsection school involved; sions school’ means, except as provided in sub- (c). ‘‘(B) the school agrees, as a condition of re- paragraph (B), a school of medicine, a school of ‘‘(3) NO LIMITATION.—Nothing in this sub- ceiving a grant under subsection (a), that the osteopathic medicine, a school of dentistry, a section shall be construed as limiting the centers school will, in carrying out the duties described school of pharmacy, or a graduate program in of excellence referred to in this section to the in subsection (b), give priority to carrying out behavioral or mental health. designated amount, or to preclude such entities the duties with respect to Native Americans; and ‘‘(B) EXCEPTION.—The definition established from competing for other grants under this sec- ‘‘(C) the school agrees, as a condition of re- in subparagraph (A) shall not apply to the use tion. ceiving a grant under subsection (a), that— of the term ‘designated health professions ‘‘(4) MAINTENANCE OF EFFORT.— ‘‘(i) the school will establish an arrangement school’ for purposes of subsection (c)(2). ‘‘(A) IN GENERAL.—With respect to activities with 1 or more public or nonprofit private insti- ‘‘(2) PROGRAM OF EXCELLENCE.—The term for which a grant made under this part are au- tutions of higher education, including schools of ‘program of excellence’ means any program car- thorized to be expended, the Secretary may not nursing, whose enrollment of students has tradi- ried out by a designated health professions make such a grant to a center of excellence for tionally included a significant number of Native school with a grant made under subsection (a), any fiscal year unless the center agrees to main- Americans, the purpose of which arrangement if the program is for purposes for which the tain expenditures of non-Federal amounts for will be to carry out a program— school involved is authorized in subsection (b) such activities at a level that is not less than the ‘‘(I) to identify Native American students, or (c) to expend the grant. level of such expenditures maintained by the from the institutions of higher education re- ‘‘(3) NATIVE AMERICANS.—The term ‘Native center for the fiscal year preceding the fiscal ferred to in clause (i), who are interested in Americans’ means American Indians, Alaskan year for which the school receives such a grant. health professions careers; and Natives, Aleuts, and Native Hawaiians. ‘‘(II) to facilitate the educational preparation ‘‘(h) FUNDING.— ‘‘(B) USE OF FEDERAL FUNDS.—With respect to of such students to enter the designated health ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— any Federal amounts received by a center of ex- professions school; and For the purpose of making grants under sub- cellence and available for carrying out activities ‘‘(ii) the designated health professions school section (a), there authorized to be appropriated for which a grant under this part is authorized will make efforts to recruit Native American stu- $26,000,000 for fiscal year 1998, and such sums as to be expended, the Secretary may not make dents, including students who have participated may be necessary for each of the fiscal years such a grant to the center for any fiscal year in the undergraduate program carried out under 1999 through 2002. unless the center agrees that the center will, be- arrangements established by the school pursu- ‘‘(2) ALLOCATIONS.—Based on the amount ap- fore expending the grant, expend the Federal ant to clause (i) and will assist Native American propriated under paragraph (1) for a fiscal year, amounts obtained from sources other than the students regarding the completion of the edu- one of the following subparagraphs shall apply: grant. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12513

‘‘SEC. 737. SCHOLARSHIPS FOR DISADVANTAGED ‘‘(3) ELIGIBLE HEALTH PROFESSIONS include training with respect to pedagogical STUDENTS. SCHOOLS.—The schools described in this para- skills, program administration, the design and ‘‘(a) IN GENERAL.—The Secretary may make a graph are schools of medicine, nursing (as conduct of research, grants writing, and the grant to an eligible entity (as defined in sub- schools of nursing are defined in section 801), preparation of articles suitable for publication section (d)(1)) under this section for the award- osteopathic medicine, dentistry, pharmacy, al- in peer reviewed journals; ing of scholarships by schools to any full-time lied health, podiatric medicine, optometry, vet- ‘‘(C) provide services designed to assist such student who is an eligible individual as defined erinary medicine, or public health, or schools of- individuals in their preparation for an academic in subsection (d). Such scholarships may be ex- fering graduate programs in behavioral and career, including the provision of counselors; pended only for tuition expenses, other reason- mental health. and able educational expenses, and reasonable living ‘‘(4) REQUIREMENTS REGARDING FACULTY POSI- ‘‘(D) provide health services to rural or medi- expenses incurred in the attendance of such TIONS.—The Secretary may not enter into a con- cally underserved populations. school. tract under paragraph (1) unless— ‘‘(4) REQUIREMENTS.—To be eligible to receive ‘‘(b) PREFERENCE IN PROVIDING SCHOLAR- ‘‘(A) the individual involved has entered into a grant or contract under paragraph (1) an ap- SHIPS.—The Secretary may not make a grant to a contract with a school described in paragraph plicant shall— an entity under subsection (a) unless the health (3) to serve as a member of the faculty of the ‘‘(A) provide an assurance that such appli- professions and nursing schools involved agree school for not less than 2 years; and cant will make available (directly through cash that, in providing scholarships pursuant to the ‘‘(B) the contract referred to in subparagraph donations) $1 for every $1 of Federal funds re- grant, the schools will give preference to stu- (A) provides that— ceived under this section for the fellowship; dents for whom the costs of attending the ‘‘(i) the school will, for each year for which ‘‘(B) provide an assurance that institutional schools would constitute a severe financial the individual will serve as a member of the fac- support will be provided for the individual for hardship and, notwithstanding other provisions ulty under the contract with the school, make the second and third years at a level that is of this section, to former recipients of scholar- payments of the principal and interest due on equal to the total amount of institutional funds ships under sections 736 and 740(d)(2)(B) (as the educational loans of the individual for such provided in the year in which the grant or con- such sections existed on the day before the date year in an amount equal to the amount of such tract was awarded; of enactment of this section). payments made by the Secretary for the year; ‘‘(C) provide an assurance that the individual ‘‘(c) AMOUNT OF AWARD.—In awarding grants ‘‘(ii) the payments made by the school pursu- that will receive the fellowship will be a member to eligible entities that are health professions ant to clause (i) on behalf of the individual will of the faculty of the applicant school; and and nursing schools, the Secretary shall give be in addition to the pay that the individual ‘‘(D) provide an assurance that the individual priority to eligible entities based on the propor- would otherwise receive for serving as a member that will receive the fellowship will have, at a tion of graduating students going into primary of such faculty; and minimum, appropriate advanced preparation care, the proportion of underrepresented minor- ‘‘(iii) the school, in making a determination of (such as a master’s or doctoral degree) and spe- ity students, and the proportion of graduates the amount of compensation to be provided by cial skills necessary to enable such individual to working in medically underserved communities. the school to the individual for serving as a teach and practice. ‘‘(d) DEFINITIONS.—In this section: member of the faculty, will make the determina- ‘‘(5) DEFINITION.—For purposes of this sub- ‘‘(1) ELIGIBLE ENTITIES.—The term ‘eligible en- tion without regard to the amount of payments section, the term ‘underrepresented minority in- tities’ means an entity that— made (or to be made) to the individual by the dividuals’ means individuals who are members ‘‘(A) is a school of medicine, osteopathic medi- Federal Government under paragraph (1). of racial or ethnic minority groups that are cine, dentistry, nursing (as defined in section ‘‘(5) APPLICABILITY OF CERTAIN PROVISIONS.— underrepresented in the health professions in- 801), pharmacy, podiatric medicine, optometry, The provisions of sections 338C, 338G, and 338I cluding nursing. veterinary medicine, public health, chiropractic, shall apply to the program established in para- ‘‘SEC. 739. EDUCATIONAL ASSISTANCE IN THE or allied health, a school offering a graduate graph (1) to the same extent and in the same HEALTH PROFESSIONS REGARDING program in behavioral and mental health prac- manner as such provisions apply to the National INDIVIDUALS FROM DISADVAN- tice, or an entity providing programs for the Health Service Corps Loan Repayment Program TAGED BACKGROUNDS. training of physician assistants; and established in subpart III of part D of title III, ‘‘(a) IN GENERAL.— ‘‘(B) is carrying out a program for recruiting including the applicability of provisions regard- ‘‘(1) AUTHORITY FOR GRANTS.—For the pur- and retaining students from disadvantaged ing reimbursements for increased tax liability pose of assisting individuals from disadvantaged backgrounds, including students who are mem- and regarding bankruptcy. backgrounds, as determined in accordance with bers of racial and ethnic minority groups. ‘‘(6) WAIVER REGARDING SCHOOL CONTRIBU- criteria prescribed by the Secretary, to under- ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligible TIONS.—The Secretary may waive the require- take education to enter a health profession, the individual’ means an individual who— ment established in paragraph (4)(B) if the Sec- Secretary may make grants to and enter into ‘‘(A) is from a disadvantaged background; retary determines that the requirement will im- contracts with schools of medicine, osteopathic ‘‘(B) has a financial need for a scholarship; pose an undue financial hardship on the school medicine, public health, dentistry, veterinary and involved. medicine, optometry, pharmacy, allied health, ‘‘(C) is enrolled (or accepted for enrollment) at ‘‘(b) FELLOWSHIPS.— chiropractic, and podiatric medicine, public and an eligible health professions or nursing school ‘‘(1) IN GENERAL.—The Secretary may make nonprofit private schools that offer graduate as a full-time student in a program leading to a grants to and enter into contracts with eligible programs in behavioral and mental health, pro- degree in a health profession or nursing. entities to assist such entities in increasing the grams for the training of physician assistants, ‘‘SEC. 738. LOAN REPAYMENTS AND FELLOWSHIPS number of underrepresented minority individ- and other public or private nonprofit health or REGARDING FACULTY POSITIONS. uals who are members of the faculty of such educational entities to assist in meeting the ‘‘(a) LOAN REPAYMENTS.— schools. costs described in paragraph (2). ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Sec- ‘‘(2) APPLICATIONS.—To be eligible to receive a ‘‘(2) AUTHORIZED EXPENDITURES.—A grant or retary shall establish a program of entering into grant or contract under this subsection, an en- contract under paragraph (1) may be used by contracts with individuals described in para- tity shall provide an assurance, in the applica- the entity to meet the cost of— graph (2) under which the individuals agree to tion submitted by the entity, that— ‘‘(A) identifying, recruiting, and selecting in- serve as members of the faculties of schools de- ‘‘(A) amounts received under such a grant or dividuals from disadvantaged backgrounds, as scribed in paragraph (3) in consideration of the contract will be used to award a fellowship to so determined, for education and training in a Federal Government agreeing to pay, for each an individual only if the individual meets the health profession; year of such service, not more than $20,000 of requirements of paragraphs (3) and (4); and ‘‘(B) facilitating the entry of such individuals the principal and interest of the educational ‘‘(B) each fellowship awarded pursuant to the into such a school; loans of such individuals. grant or contract will include— ‘‘(C) providing counseling, mentoring, or other ‘‘(2) ELIGIBLE INDIVIDUALS.—The individuals ‘‘(i) a stipend in an amount not exceeding 50 services designed to assist such individuals to referred to in paragraph (1) are individuals from percent of the regular salary of a similar faculty complete successfully their education at such a disadvantaged backgrounds who— member for not to exceed 3 years of training; school; ‘‘(A) have a degree in medicine, osteopathic and ‘‘(D) providing, for a period prior to the entry medicine, dentistry, nursing, or another health ‘‘(ii) an allowance for other expenses, such as of such individuals into the regular course of profession; travel to professional meetings and costs related education of such a school, preliminary edu- ‘‘(B) are enrolled in an approved graduate to specialized training. cation and health research training designed to training program in medicine, osteopathic medi- ‘‘(3) ELIGIBILITY.—To be eligible to receive a assist them to complete successfully such regular cine, dentistry, nursing, or other health profes- grant or contract under paragraph (1), an appli- course of education at such a school, or refer- sion; or cant shall demonstrate to the Secretary that ring such individuals to institutions providing ‘‘(C) are enrolled as full-time students— such applicant has or will have the ability to— such preliminary education; ‘‘(i) in an accredited (as determined by the ‘‘(A) identify, recruit and select underrep- ‘‘(E) publicizing existing sources of financial Secretary) school described in paragraph (3); resented minority individuals who have the po- aid available to students in the education pro- and tential for teaching, administration, or conduct- gram of such a school or who are undertaking ‘‘(ii) in the final year of a course of a study ing research at a health professions institution; training necessary to qualify them to enroll in or program, offered by such institution and ap- ‘‘(B) provide such individuals with the skills such a program; proved by the Secretary, leading to a degree necessary to enable them to secure a tenured ‘‘(F) paying such scholarships as the Sec- from such a school. faculty position at such institution, which may retary may determine for such individuals for S12514 CONGRESSIONAL RECORD — SENATE October 14, 1998 any period of health professions education at a in any fiscal year, the Secretary shall ensure (iv) in paragraph (3), by striking ‘‘and’’ at the health professions school; that not less than 16 percent shall be distributed end thereof; ‘‘(G) paying such stipends as the Secretary to schools of nursing. (v) in paragraph (4), by striking the period may approve for such individuals for any period ‘‘(b) LOAN REPAYMENTS AND FELLOWSHIPS.— and inserting a semicolon; and of education in student-enhancement programs For the purpose of carrying out section 738, (vii) by adding at the end thereof the follow- (other than regular courses), except that such a there is authorized to be appropriated $1,100,000 ing new paragraphs: stipend may not be provided to an individual for for fiscal year 1998, and such sums as may be ‘‘(5) to meet the costs of projects to plan, de- more than 12 months, and such a stipend shall necessary for each of the fiscal years 1999 velop, and operate or maintain programs for the be in an amount determined appropriate by the through 2002. training of physician assistants (as defined in Secretary (notwithstanding any other provision ‘‘(c) EDUCATIONAL ASSISTANCE IN HEALTH section 799B), and for the training of individ- of law regarding the amount of stipends); PROFESSIONS REGARDING INDIVIDUALS FOR DIS- uals who will teach in programs to provide such ‘‘(H) carrying out programs under which such ADVANTAGED BACKGROUNDS.—For the purpose training; and individuals gain experience regarding a career of grants and contracts under section 739(a)(1), ‘‘(6) to meet the costs of planning, developing, in a field of primary health care through work- there is authorized to be appropriated or operating programs, and to provide financial ing at facilities of public or private nonprofit $29,400,000 for fiscal year 1998, and such sums as assistance to residents in such programs, of gen- community-based providers of primary health may be necessary for each of the fiscal years eral dentistry or pediatric dentistry. services; and 1999 through 2002. The Secretary may use not to For purposes of paragraph (6), entities eligible ‘‘(I) conducting activities to develop a larger exceed 20 percent of the amount appropriated for such grants or contracts shall include enti- and more competitive applicant pool through for a fiscal year under this subsection to provide ties that have programs in dental schools, ap- partnerships with institutions of higher edu- scholarships under section 739(a)(2)(F). proved residency programs in the general or pe- ‘‘(d) REPORT.—Not later than 6 months after cation, school districts, and other community- diatric practice of dentistry, approved advanced the date of enactment of this part, the Secretary based entities. education programs in the general or pediatric shall prepare and submit to the appropriate ‘‘(3) DEFINITION.—In this section, the term practice of dentistry, or approved residency pro- committees of Congress a report concerning the ‘regular course of education of such a school’ as grams in pediatric dentistry.’’; efforts of the Secretary to address the need for used in subparagraph (D) includes a graduate (C) in subsection (b)— a representative mix of individuals from histori- program in behavioral or mental health. (i) in paragraphs (1) and (2)(A), by inserting cally minority health professions schools, or ‘‘(b) REQUIREMENTS FOR AWARDS.—In making ‘‘, general internal medicine, or general pediat- from institutions or other entities that histori- awards to eligible entities under subsection rics’’ after ‘‘family medicine’’; cally or by geographic location have a dem- (a)(1), the Secretary shall give preference to ap- (ii) in paragraph (2)— onstrated record of training or educating under- proved applications for programs that involve a (I) in subparagraph (A), by striking ‘‘or’’ at represented minorities, within various health comprehensive approach by several public or the end; and professions disciplines, on peer review coun- nonprofit private health or educational entities (II) in subparagraph (B), by striking the pe- cils.’’. to establish, enhance and expand educational riod and inserting ‘‘; or’’; and programs that will result in the development of (b) REPEAL.— (1) IN GENERAL.—Section 795 of the Public (iii) by adding at the end the following: a competitive applicant pool of individuals from Health Service Act (42 U.S.C. 295n) is repealed. ‘‘(3) PRIORITY IN MAKING AWARDS.—In making disadvantaged backgrounds who desire to pur- (2) NONTERMINATION OF AUTHORITY.—The awards of grants and contracts under para- sue health professions careers. In considering amendments made by this section shall not be graph (1), the Secretary shall give priority to awards for such a comprehensive partnership construed to terminate agreements that, on the any qualified applicant for such an award that approach, the following shall apply with respect day before the date of enactment of this Act, are proposes a collaborative project between depart- to the entity involved: in effect pursuant to section 795 of the Public ments of primary care.’’; ‘‘(1) The entity shall have a demonstrated Health Service Act (42 U.S.C. 795) as such sec- (D) by redesignating subsections (c) and (d) as commitment to such approach through formal tion existed on such date. Such agreements shall subsections (d) and (e), respectively; agreements that have common objectives with continue in effect in accordance with the terms (E) by inserting after subsection (b), the fol- institutions of higher education, school districts, of the agreements. With respect to compliance lowing new subsection: and other community-based entities. with such agreements, any period of practice as ‘‘(c) PRIORITY.— ‘‘(2) Such formal agreements shall reflect the a provider of primary health services shall be ‘‘(1) IN GENERAL.—With respect to programs coordination of educational activities and sup- counted towards the satisfaction of the require- for the training of interns or residents, the Sec- port services, increased linkages, and the con- ment of practice pursuant to such section 795. retary shall give priority in awarding grants solidation of resources within a specific geo- (c) CONFORMING AMENDMENTS.—Section under this section to qualified applicants that graphic area. 481A(c)(3)(D)(i) of the Public Health Service Act have a record of training the greatest percent- ‘‘(3) The design of the educational activities (42 U.S.C. 287a–2(c)(3)(D)(i)) is amended by age of providers, or that have demonstrated sig- involved shall provide for the establishment of a striking ‘‘section 739’’ and inserting ‘‘part B of nificant improvements in the percentage of pro- competitive health professions applicant pool of title VII’’. viders, which enter and remain in primary care individuals from disadvantaged backgrounds by SEC. 102. TRAINING IN PRIMARY CARE MEDICINE practice or general or pediatric dentistry. enhancing the total preparation (academic and AND DENTISTRY. ‘‘(2) DISADVANTAGED INDIVIDUALS.—With re- social) of such individuals to pursue a health Part C of title VII of the Public Health Service spect to programs for the training of interns, professions career. Act (42 U.S.C. 293 et seq.) is amended— residents, or physician assistants, the Secretary ‘‘(4) The programs or activities under the (1) in the part heading by striking ‘‘PRIMARY shall give priority in awarding grants under this award shall focus on developing a culturally HEALTH CARE’’ and inserting ‘‘FAMILY MED- section to qualified applicants that have a competent health care workforce that will serve ICINE, GENERAL INTERNAL MEDICINE, record of training individuals who are from dis- the unserved and underserved populations with- GENERAL PEDIATRICS, PHYSICIAN AS- advantaged backgrounds (including racial and in the geographic area. SISTANTS, GENERAL DENTISTRY, AND PE- ethnic minorities underrepresented among pri- ‘‘(c) EQUITABLE ALLOCATION OF FINANCIAL DIATRIC DENTISTRY’’; mary care practice or general or pediatric den- ASSISTANCE.—The Secretary, to the extent prac- (2) by repealing section 746 (42 U.S.C. 293j); tistry). ticable, shall ensure that services and activities (3) in section 747 (42 U.S.C. 293k)— ‘‘(3) SPECIAL CONSIDERATION.—In awarding under subsection (a) are adequately allocated (A) by striking the section heading and insert- grants under this section the Secretary shall among the various racial and ethnic popu- ing the following: give special consideration to projects which pre- lations who are from disadvantaged back- ‘‘SEC. 747. FAMILY MEDICINE, GENERAL INTER- pare practitioners to care for underserved popu- grounds. NAL MEDICINE, GENERAL PEDIAT- lations and other high risk groups such as the ‘‘(d) MATCHING REQUIREMENTS.—The Sec- RICS, GENERAL DENTISTRY, PEDI- elderly, individuals with HIV-AIDS, substance retary may require that an entity that applies ATRIC DENTISTRY, AND PHYSICIAN ASSISTANTS.’’; abusers, homeless, and victims of domestic vio- for a grant or contract under subsection (a), lence.’’; and provide non-Federal matching funds, as appro- (B) in subsection (a)— (i) in paragraph (1)— (F) in subsection (e) (as so redesignated by priate, to ensure the institutional commitment of (I) by inserting ‘‘, internal medicine, or pedi- subparagraph (D))— the entity to the projects funded under the atrics’’ after ‘‘family medicine’’; and (i) in paragraph (1), by striking ‘‘$54,000,000’’ grant or contract. As determined by the Sec- (II) by inserting before the semicolon the fol- and all that follows and inserting ‘‘$78,300,000 retary, such non-Federal matching funds may lowing: ‘‘that emphasizes training for the prac- for fiscal year 1998, and such sums as may be be provided directly or through donations from tice of family medicine, general internal medi- necessary for each of the fiscal years 1999 public or private entities and may be in cash or cine, or general pediatrics (as defined by the through 2002.’’; and in-kind, fairly evaluated, including plant, Secretary)’’; (ii) by striking paragraph (2) and inserting equipment, or services. (ii) in paragraph (2), by inserting ‘‘, general the following: ‘‘SEC. 740. AUTHORIZATION OF APPROPRIATION. internal medicine, or general pediatrics’’ before ‘‘(2) ALLOCATION.— ‘‘(a) SCHOLARSHIPS.—There are authorized to the semicolon; ‘‘(A) IN GENERAL.—Of the amounts appro- be appropriated to carry out section 737, (iii) in paragraphs (3) and (4), by inserting priated under paragraph (1) for a fiscal year, $37,000,000 for fiscal year 1998, and such sums as ‘‘(including geriatrics), general internal medi- the Secretary shall make available— may be necessary for each of the fiscal years cine or general pediatrics’’ after ‘‘family medi- ‘‘(i) not less than $49,300,000 for awards of 1999 through 2002. Of the amount appropriated cine’’; grants and contracts under subsection (a) to October 14, 1998 CONGRESSIONAL RECORD — SENATE S12515 programs of family medicine, of which not less of the House of Representatives, a report de- ‘‘(i) improve the recruitment, distribution, than $8,600,000 shall be made available for scribing the activities of the Committee, includ- supply, quality and efficiency of personnel pro- awards of grants and contracts under sub- ing findings and recommendations made by the viding health services in underserved rural and section (b) for family medicine academic admin- Committee concerning the activities under sec- urban areas and personnel providing health istrative units; tion 747. services to populations having demonstrated se- ‘‘(ii) not less than $17,700,000 for awards of ‘‘(e) MEETINGS AND DOCUMENTS.— rious unmet health care needs; grants and contracts under subsection (a) to ‘‘(1) MEETINGS.—The Advisory Committee ‘‘(ii) increase the number of primary care phy- programs of general internal medicine and gen- shall meet not less than 2 times each year. Such sicians and other primary care providers who eral pediatrics; meetings shall be held jointly with other related provide services in underserved areas through ‘‘(iii) not less than $6,800,000 for awards of entities established under this title where appro- the offering of an educational continuum of grants and contracts under subsection (a) to priate. health career recruitment through clinical edu- programs relating to physician assistants; and ‘‘(2) DOCUMENTS.—Not later than 14 days cation concerning underserved areas in a com- ‘‘(iv) not less than $4,500,000 for awards of prior to the convening of a meeting under para- prehensive health workforce strategy; grants and contracts under subsection (a) to graph (1), the Advisory Committee shall prepare ‘‘(iii) carry out recruitment and health career programs of general or pediatric dentistry. and make available an agenda of the matters to awareness programs to recruit individuals from ‘‘(B) RATABLE REDUCTION.—If amounts appro- be considered by the Advisory Committee at underserved areas and under-represented popu- priated under paragraph (1) for any fiscal year such meeting. At any such meeting, the Advi- lations, including minority and other elemen- are less than the amount required to comply sory Council shall distribute materials with re- tary or secondary students, into the health pro- with subparagraph (A), the Secretary shall rat- spect to the issues to be addressed at the meet- fessions; ably reduce the amount to be made available ing. Not later than 30 days after the adjourning ‘‘(iv) prepare individuals to more effectively under each of clauses (i) through (iv) of such of such a meeting, the Advisory Committee shall provide health services to underserved areas or subparagraph accordingly.’’; and prepare and make available a summary of the underserved populations through field place- (4) by repealing sections 748 through 752 (42 meeting and any actions taken by the Commit- ments, preceptorships, the conduct of or support U.S.C. 293l through 293p) and inserting the fol- tee based upon the meeting. of community-based primary care residency pro- lowing: ‘‘(f) COMPENSATION AND EXPENSES.— grams, and agreements with community-based ‘‘SEC. 748. ADVISORY COMMITTEE ON TRAINING ‘‘(1) COMPENSATION.—Each member of the Ad- organizations such as community health cen- IN PRIMARY CARE MEDICINE AND visory Committee shall be compensated at a rate ters, migrant health centers, Indian health cen- DENTISTRY. equal to the daily equivalent of the annual rate ters, public health departments and others; ‘‘(a) ESTABLISHMENT.—The Secretary shall es- of basic pay prescribed for level IV of the Execu- ‘‘(v) conduct health professions education and tablish an advisory committee to be known as tive Schedule under section 5315 of title 5, training activities for students of health profes- the Advisory Committee on Training in Primary United States Code, for each day (including sions schools and medical residents; Care Medicine and Dentistry (in this section re- travel time) during which such member is en- ‘‘(vi) conduct at least 10 percent of medical ferred to as the ‘Advisory Committee’). gaged in the performance of the duties of the student required clinical education at sites re- ‘‘(b) COMPOSITION.— Committee. mote to the primary teaching facility of the con- ‘‘(2) EXPENSES.—The members of the Advisory ‘‘(1) IN GENERAL.—The Secretary shall deter- tracting institution; and Committee shall be allowed travel expenses, in- mine the appropriate number of individuals to ‘‘(vii) provide information dissemination and cluding per diem in lieu of subsistence, at rates serve on the Advisory Committee. Such individ- educational support to reduce professional isola- authorized for employees of agencies under sub- uals shall not be officers or employees of the tion, increase retention, enhance the practice chapter I of chapter 57 of title 5, United States Federal Government. environment, and improve health care through Code, while away from their homes or regular ‘‘(2) APPOINTMENT.—Not later than 90 days the timely dissemination of research findings places of business in the performance of services after the date of enactment of this Act, the Sec- using relevant resources. retary shall appoint the members of the Advi- for the Committee. ‘‘(B) OTHER ELIGIBLE ENTITIES.—With respect ‘‘(g) FACA.—The Federal Advisory Committee sory Committee from among individuals who are to a State in which no area health education Act shall apply to the Advisory Committee health professionals. In making such appoint- center program is in operation, the Secretary under this section only to the extent that the ments, the Secretary shall ensure a fair balance may award a grant or contract under subpara- provisions of such Act do not conflict with the between the health professions, that at least 75 graph (A) to a school of nursing. percent of the members of the Advisory Commit- requirements of this section.’’. ‘‘(C) PROJECT TERMS.— tee are health professionals, a broad geographic SEC. 103. INTERDISCIPLINARY, COMMUNITY- ‘‘(i) IN GENERAL.—Except as provided in representation of members and a balance be- BASED LINKAGES. Part D of title VII of the Public Health Serv- clause (ii), the period during which payments tween urban and rural members. Members shall may be made under an award under subpara- be appointed based on their competence, inter- ice Act (42 U.S.C. 294 et seq.) is amended to read as follows: graph (A) may not exceed— est, and knowledge of the mission of the profes- ‘‘(I) in the case of a project, 12 years or sion involved. ‘‘PART D—INTERDISCIPLINARY, ‘‘(II) in the case of a center within a project, ‘‘(3) MINORITY REPRESENTATION.—In appoint- COMMUNITY-BASED LINKAGES 6 years. ing the members of the Advisory Committee ‘‘SEC. 750. GENERAL PROVISIONS. ‘‘(ii) EXCEPTION.—The periods described in under paragraph (2), the Secretary shall ensure ‘‘(a) COLLABORATION.—To be eligible to re- clause (i) shall not apply to projects that have the adequate representation of women and mi- ceive assistance under this part, an academic in- completed the initial period of Federal funding norities. stitution shall use such assistance in collabora- under this section and that desire to compete for ‘‘(c) TERMS.— tion with 2 or more disciplines. model awards under paragraph (2)(A). ‘‘(1) IN GENERAL.—A member of the Advisory ‘‘(b) ACTIVITIES.—An entity shall use assist- ‘‘(2) ASSISTANCE FOR OPERATION OF MODEL Committee shall be appointed for a term of 3 ance under this part to carry out innovative PROGRAMS.— years, except that of the members first ap- demonstration projects for strategic workforce ‘‘(A) IN GENERAL.—In the case of any entity pointed— supplementation activities as needed to meet na- described in paragraph (1)(A) that— ‘‘(A) 1⁄3 of such members shall serve for a term tional goals for interdisciplinary, community- ‘‘(i) has previously received funds under this of 1 year; based linkages. Such assistance may be used section; ‘‘(B) 1⁄3 of such members shall serve for a term consistent with this part— of 2 years; and ‘‘(ii) is operating an area health education ‘‘(1) to develop and support training pro- center program; and ‘‘(C) 1⁄3 of such members shall serve for a term grams; of 3 years. ‘‘(iii) is no longer receiving financial assist- ‘‘(2) for faculty development; ance under paragraph (1); ‘‘(2) VACANCIES.— ‘‘(3) for model demonstration programs; ‘‘(A) IN GENERAL.—A vacancy on the Advisory ‘‘(4) for the provision of stipends for fellow- the Secretary may provide financial assistance Committee shall be filled in the manner in which ship trainees; to such entity to pay the costs of operating and the original appointment was made and shall be ‘‘(5) to provide technical assistance; and carrying out the requirements of the program as subject to any conditions which applied with re- ‘‘(6) for other activities that will produce out- described in paragraph (1). spect to the original appointment. comes consistent with the purposes of this part. ‘‘(B) MATCHING REQUIREMENT.—With respect ‘‘(B) FILLING UNEXPIRED TERM.—An individ- ‘‘SEC. 751. AREA HEALTH EDUCATION CENTERS. to the costs of operating a model program under ual chosen to fill a vacancy shall be appointed ‘‘(a) AUTHORITY FOR PROVISION OF FINANCIAL subparagraph (A), an entity, to be eligible for fi- for the unexpired term of the member replaced. ASSISTANCE.— nancial assistance under subparagraph (A), ‘‘(d) DUTIES.—The Advisory Committee shall— ‘‘(1) ASSISTANCE FOR PLANNING, DEVELOPMENT, shall make available (directly or through con- ‘‘(1) provide advice and recommendations to AND OPERATION OF PROGRAMS.— tributions from State, county or municipal gov- the Secretary concerning policy and program ‘‘(A) IN GENERAL.—The Secretary shall award ernments, or the private sector) recurring non- development and other matters of significance grants to and enter into contracts with schools Federal contributions in cash toward such costs concerning the activities under section 747; and of medicine and osteopathic medicine, and in- in an amount that is equal to not less than 50 ‘‘(2) not later than 3 years after the date of corporated consortia made up of such schools, percent of such costs. enactment of this section, and annually there- or the parent institutions of such schools, for ‘‘(C) LIMITATION.—The aggregate amount of after, prepare and submit to the Secretary, and projects for the planning, development and op- awards provided under subparagraph (A) to en- the Committee on Labor and Human Resources eration of area health education center pro- tities in a State for a fiscal year may not exceed of the Senate, and the Committee on Commerce grams that— the lesser of— S12516 CONGRESSIONAL RECORD — SENATE October 14, 1998 ‘‘(i) $2,000,000; or ‘‘(3) conducts training and education pro- ‘‘(A) A 1-year retraining program in geriatrics ‘‘(ii) an amount equal to the product of grams for health professions students in these for— $250,000 and the aggregate number of area areas; ‘‘(i) physicians who are faculty members in health education centers operated in the State ‘‘(4) conducts training in health education departments of internal medicine, family medi- by such entities. services, including training to prepare commu- cine, gynecology, geriatrics, and behavioral or ‘‘(b) REQUIREMENTS FOR CENTERS.— nity health workers; and mental health at schools of medicine and osteo- ‘‘(1) GENERAL REQUIREMENT.—Each area ‘‘(5) supports health professionals (including pathic medicine; health education center that receives funds nursing) practicing in the area through edu- ‘‘(ii) dentists who are faculty members at under this section shall encourage the regional- cational and other services. schools of dentistry or at hospital departments ization of health professions schools through the ‘‘(b) ALLOCATION OF FUNDS.—The Secretary of dentistry; and establishment of partnerships with community- shall make available 50 percent of the amounts ‘‘(iii) behavioral or mental health profes- based organizations. appropriated for each fiscal year under section sionals who are faculty members in departments ‘‘(2) SERVICE AREA.—Each area health edu- 752 for the establishment or operation of health of behavioral or mental health; and cation center that receives funds under this sec- education training centers through projects in ‘‘(B) A 2-year internal medicine or family tion shall specifically designate a geographic States along the border between the United medicine fellowship program providing emphasis area or medically underserved population to be States and Mexico and in the State of Florida. in geriatrics, which shall be designed to provide served by the center. Such area or population ‘‘SEC. 753. EDUCATION AND TRAINING RELATING training in clinical geriatrics and geriatrics re- shall be in a location removed from the main lo- TO GERIATRICS. search for— cation of the teaching facilities of the schools ‘‘(a) GERIATRIC EDUCATION CENTERS.— ‘‘(i) physicians who have completed graduate ‘‘(1) IN GENERAL.—The Secretary shall award participating in the program with such center. medical education programs in internal medi- grants or contracts under this section to entities ‘‘(3) OTHER REQUIREMENTS.—Each area health cine, family medicine, behavioral or mental described in paragraphs (1), (3), or (4) of section education center that receives funds under this health, neurology, gynecology, or rehabilitation 799B, and section 853(2), for the establishment section shall— medicine; or operation of geriatric education centers. ‘‘(A) assess the health personnel needs of the ‘‘(ii) dentists who have demonstrated a com- ‘‘(2) REQUIREMENTS.—A geriatric education area to be served by the center and assist in the mitment to an academic career and who have planning and development of training programs center is a program that— ‘‘(A) improves the training of health profes- completed postdoctoral dental training, includ- to meet such needs; sionals in geriatrics, including geriatric ing postdoctoral dental education programs or ‘‘(B) arrange and support rotations for stu- residencies, traineeships, or fellowships; who have relevant advanced training or experi- dents and residents in family medicine, general ‘‘(B) develops and disseminates curricula re- ence; and internal medicine or general pediatrics, with at lating to the treatment of the health problems of ‘‘(iii) behavioral or mental health profes- least one center in each program being affiliated elderly individuals; sionals who have completed graduate medical with or conducting a rotating osteopathic in- ‘‘(C) supports the training and retraining of education programs in behavioral or mental ternship or medical residency training program faculty to provide instruction in geriatrics; health. in family medicine (including geriatrics), gen- ‘‘(D) supports continuing education of health ‘‘(4) DEFINITIONS.—For purposes of this sub- eral internal medicine (including geriatrics), or professionals who provide geriatric care; and section: general pediatrics in which no fewer than 4 in- ‘‘(E) provides students with clinical training ‘‘(A) The term ‘graduate medical education dividuals are enrolled in first-year positions; in geriatrics in nursing homes, chronic and program’ means a program sponsored by a ‘‘(C) conduct and participate in interdiscipli- acute disease hospitals, ambulatory care cen- school of medicine, a school of osteopathic medi- nary training that involves physicians and ters, and senior centers. cine, a hospital, or a public or private institu- other health personnel including, where prac- ‘‘(b) GERIATRIC TRAINING REGARDING PHYSI- tion that— ticable, public health professionals, physician CIANS AND DENTISTS.— ‘‘(i) offers postgraduate medical training in assistants, nurse practitioners, nurse midwives, ‘‘(1) IN GENERAL.—The Secretary may make the specialties and subspecialties of medicine; and behavioral and mental health providers; grants to, and enter into contracts with, schools and and of medicine, schools of osteopathic medicine, ‘‘(ii) has been accredited by the Accreditation ‘‘(D) have an advisory board, at least 75 per- teaching hospitals, and graduate medical edu- Council for Graduate Medical Education or the cent of the members of which shall be individ- cation programs, for the purpose of providing American Osteopathic Association through its uals, including both health service providers support (including residencies, traineeships, and Committee on Postdoctoral Training. and consumers, from the area served by the cen- fellowships) for geriatric training projects to ‘‘(B) The term ‘post-doctoral dental education ter. train physicians, dentists and behavioral and program’ means a program sponsored by a ‘‘(c) CERTAIN PROVISIONS REGARDING FUND- mental health professionals who plan to teach school of dentistry, a hospital, or a public or ING.— geriatric medicine, geriatric behavioral or men- private institution that— ‘‘(1) ALLOCATION TO CENTER.—Not less than 75 tal health, or geriatric dentistry. ‘‘(i) offers post-doctoral training in the spe- percent of the total amount of Federal funds ‘‘(2) REQUIREMENTS.—Each project for which cialties of dentistry, advanced education in gen- provided to an entity under this section shall be a grant or contract is made under this sub- eral dentistry, or a dental general practice resi- allocated by an area health education center section shall— dency; and ‘‘(A) be staffed by full-time teaching physi- program to the area health education center. ‘‘(ii) has been accredited by the Commission cians who have experience or training in geri- Such entity shall enter into an agreement with on Dental Accreditation. atric medicine or geriatric behavioral or mental each center for purposes of specifying the allo- ‘‘(c) GERIATRIC FACULTY FELLOWSHIPS.— cation of such 75 percent of funds. health; ‘‘(B) be staffed, or enter into an agreement ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Sec- ‘‘(2) OPERATING COSTS.—With respect to the with an institution staffed by full-time or part- retary shall establish a program to provide Geri- operating costs of the area health education time teaching dentists who have experience or atric Academic Career Awards to eligible indi- center program of an entity receiving funds training in geriatric dentistry; viduals to promote the career development of under this section, the entity shall make avail- ‘‘(C) be staffed, or enter into an agreement such individuals as academic geriatricians. able (directly or through contributions from with an institution staffed by full-time or part- ‘‘(2) ELIGIBLE INDIVIDUALS.—To be eligible to State, county or municipal governments, or the time teaching behavioral mental health profes- receive an Award under paragraph (1), an indi- private sector) non-Federal contributions in sionals who have experience or training in geri- vidual shall— cash toward such costs in an amount that is atric behavioral or mental health; ‘‘(A) be board certified or board eligible in in- equal to not less than 50 percent of such costs, ‘‘(D) be based in a graduate medical edu- ternal medicine, family practice, or psychiatry; except that the Secretary may grant a waiver cation program in internal medicine or family ‘‘(B) have completed an approved fellowship for up to 75 percent of the amount of the re- medicine or in a department of geriatrics or be- program in geriatrics; and quired non-Federal match in the first 3 years in havioral or mental health; ‘‘(C) have a junior faculty appointment at an which an entity receives funds under this sec- ‘‘(E) provide training in geriatrics and expo- accredited (as determined by the Secretary) tion. sure to the physical and mental disabilities of school of medicine or osteopathic medicine. ‘‘SEC. 752. HEALTH EDUCATION AND TRAINING elderly individuals through a variety of service ‘‘(3) LIMITATIONS.—No Award under para- CENTERS. rotations, such as geriatric consultation serv- graph (1) may be made to an eligible individual ‘‘(a) IN GENERAL.—To be eligible for funds ices, acute care services, dental services, geri- unless the individual— under this section, a health education training atric behavioral or mental health units, day and ‘‘(A) has submitted to the Secretary an appli- center shall be an entity otherwise eligible for home care programs, rehabilitation services, ex- cation, at such time, in such manner, and con- funds under section 751 that— tended care facilities, geriatric ambulatory care taining such information as the Secretary may ‘‘(1) addresses the persistent and severe unmet and comprehensive evaluation units, and com- require, and the Secretary has approved such health care needs in States along the border be- munity care programs for elderly mentally re- application; and tween the United States and Mexico and in the tarded individuals; and ‘‘(B) provides, in such form and manner as State of Florida, and in other urban and rural ‘‘(F) provide training in geriatrics through the Secretary may require, assurances that the areas with populations with serious unmet one or both of the training options described in individual will meet the service requirement de- health care needs; subparagraphs (A) and (B) of paragraph (3). scribed in subsection (e). ‘‘(2) establishes an advisory board comprised ‘‘(3) TRAINING OPTIONS.—The training options ‘‘(4) AMOUNT AND TERM.— of health service providers, educators and con- referred to in subparagraph (F) of paragraph (2) ‘‘(A) AMOUNT.—The amount of an Award sumers from the service area; shall be as follows: under this section shall equal $50,000 for fiscal October 14, 1998 CONGRESSIONAL RECORD — SENATE S12517 year 1998, adjusted for subsequent fiscal years ters, long-term care facilities, Native Hawaiian the Advisory Committee on Interdisciplinary, to reflect the increase in the Consumer Price health centers, or facilities operated by the In- Community-Based Linkages (in this section re- Index. dian Health Service or an Indian tribe or tribal ferred to as the ‘Advisory Committee’). ‘‘(B) TERM.—The term of any Award made organization or Indian organization under a ‘‘(b) COMPOSITION.— under this subsection shall not exceed 5 years. contract with the Indian Health Service under ‘‘(1) IN GENERAL.—The Secretary shall deter- ‘‘(5) SERVICE REQUIREMENT.—An individual the Indian Self-Determination Act. mine the appropriate number of individuals to who receives an Award under this subsection ‘‘(d) DEFINITIONS.—For the purposes of this serve on the Advisory Committee. Such individ- shall provide training in clinical geriatrics, in- section, the term ‘rural’ means geographic areas uals shall not be officers or employees of the cluding the training of interdisciplinary teams that are located outside of standard metropoli- Federal Government. of health care professionals. The provision of tan statistical areas. ‘‘(2) APPOINTMENT.—Not later than 90 days such training shall constitute at least 75 percent ‘‘SEC. 755. ALLIED HEALTH AND OTHER DIS- after the date of enactment of this Act, the Sec- of the obligations of such individual under the CIPLINES. retary shall appoint the members of the Advi- Award. ‘‘(a) IN GENERAL.—The Secretary may make sory Committee from among individuals who are ‘‘SEC. 754. QUENTIN N. BURDICK PROGRAM FOR grants or contracts under this section to help health professionals from schools of the types RURAL INTERDISCIPLINARY TRAIN- entities fund activities of the type described in described in sections 751(a)(1)(A), 751(a)(1)(B), ING. subsection (b). 753(b), 754(3)(A), and 755(b). In making such ap- ‘‘(a) GRANTS.—The Secretary may make ‘‘(b) ACTIVITIES.—Activities of the type de- pointments, the Secretary shall ensure a fair grants or contracts under this section to help scribed in this subsection include the following: balance between the health professions, that at entities fund authorized activities under an ap- ‘‘(1) Assisting entities in meeting the costs as- least 75 percent of the members of the Advisory plication approved under subsection (c). sociated with expanding or establishing pro- Committee are health professionals, a broad geo- ‘‘(b) USE OF AMOUNTS.— grams that will increase the number of individ- graphic representation of members and a bal- ‘‘(1) IN GENERAL.—Amounts provided under uals trained in allied health professions. Pro- ance between urban and rural members. Mem- subsection (a) shall be used by the recipients to grams and activities funded under this para- bers shall be appointed based on their com- fund interdisciplinary training projects designed graph may include— petence, interest, and knowledge of the mission to— ‘‘(A) those that expand enrollments in allied of the profession involved. ‘‘(A) use new and innovative methods to train health professions with the greatest shortages or ‘‘(3) MINORITY REPRESENTATION.—In appoint- health care practitioners to provide services in whose services are most needed by the elderly; ing the members of the Advisory Committee rural areas; ‘‘(B) those that provide rapid transition train- under paragraph (2), the Secretary shall ensure ‘‘(B) demonstrate and evaluate innovative ing programs in allied health fields to individ- the adequate representation of women and mi- interdisciplinary methods and models designed uals who have baccalaureate degrees in health- norities. related sciences; to provide access to cost-effective comprehensive ‘‘(c) TERMS.— ‘‘(C) those that establish community-based al- health care; ‘‘(1) IN GENERAL.—A member of the Advisory lied health training programs that link aca- ‘‘(C) deliver health care services to individuals Committee shall be appointed for a term of 3 demic centers to rural clinical settings; residing in rural areas; years, except that of the members first ap- ‘‘(D) those that provide career advancement ‘‘(D) enhance the amount of relevant research pointed— training for practicing allied health profes- conducted concerning health care issues in rural ‘‘(A) 1⁄3 of the members shall serve for a term areas; and sionals; ‘‘(E) those that expand or establish clinical of 1 year; ‘‘(E) increase the recruitment and retention of 1 training sites for allied health professionals in ‘‘(B) ⁄3 of the members shall serve for a term health care practitioners from rural areas and medically underserved or rural communities in of 2 years; and make rural practice a more attractive career ‘‘(C) 1⁄3 of the members shall serve for a term order to increase the number of individuals choice for health care practitioners. of 3 years. trained; ‘‘(2) METHODS.—A recipient of funds under ‘‘(F) those that develop curriculum that will ‘‘(2) VACANCIES.— subsection (a) may use various methods in car- ‘‘(A) IN GENERAL.—A vacancy on the Advisory emphasize knowledge and practice in the areas rying out the projects described in paragraph Committee shall be filled in the manner in which of prevention and health promotion, geriatrics, (1), including— the original appointment was made and shall be long-term care, home health and hospice care, ‘‘(A) the distribution of stipends to students of subject to any conditions which applied with re- and ethics; eligible applicants; ‘‘(G) those that expand or establish inter- spect to the original appointment. ‘‘(B) the establishment of a post-doctoral fel- disciplinary training programs that promote the ‘‘(B) FILLING UNEXPIRED TERM.—An individ- lowship program; effectiveness of allied health practitioners in ual chosen to fill a vacancy shall be appointed ‘‘(C) the training of faculty in the economic geriatric assessment and the rehabilitation of for the unexpired term of the member replaced. and logistical problems confronting rural health the elderly; ‘‘(d) DUTIES.—The Advisory Committee shall— care delivery systems; or ‘‘(H) those that expand or establish dem- ‘‘(1) provide advice and recommendations to ‘‘(D) the purchase or rental of transportation onstration centers to emphasize innovative mod- the Secretary concerning policy and program and telecommunication equipment where the els to link allied health clinical practice, edu- development and other matters of significance need for such equipment due to unique charac- cation, and research; concerning the activities under this part; and teristics of the rural area is demonstrated by the ‘‘(I) those that provide financial assistance (in ‘‘(2) not later than 3 years after the date of recipient. the form of traineeships) to students who are enactment of this section, and annually there- ‘‘(3) ADMINISTRATION.— participants in any such program; and after, prepare and submit to the Secretary, and ‘‘(A) IN GENERAL.—An applicant shall not use ‘‘(i) who plan to pursue a career in an allied the Committee on Labor and Human Resources more than 10 percent of the funds made avail- health field that has a demonstrated personnel of the Senate, and the Committee on Commerce able to such applicant under subsection (a) for shortage; and of the House of Representatives, a report de- administrative expenses. ‘‘(ii) who agree upon completion of the train- scribing the activities of the Committee, includ- ‘‘(B) TRAINING.—Not more than 10 percent of ing program to practice in a medically under- ing findings and recommendations made by the the individuals receiving training with funds served community; Committee concerning the activities under this made available to an applicant under subsection that shall be utilized to assist in the payment of part. (a) shall be trained as doctors of medicine or all or part of the costs associated with tuition, ‘‘(e) MEETINGS AND DOCUMENTS.— doctors of osteopathy. fees and such other stipends as the Secretary ‘‘(1) MEETINGS.—The Advisory Committee ‘‘(C) LIMITATION.—An institution that re- may consider necessary; and shall meet not less than 3 times each year. Such ceives a grant under this section shall use ‘‘(J) those to meet the costs of projects to plan, meetings shall be held jointly with other related amounts received under such grant to supple- develop, and operate or maintain graduate pro- entities established under this title where appro- ment, not supplant, amounts made available by grams in behavioral and mental health practice. priate. such institution for activities of the type de- ‘‘(2) Planning and implementing projects in ‘‘(2) DOCUMENTS.—Not later than 14 days scribed in subsection (b)(1) in the fiscal year preventive and primary care training for prior to the convening of a meeting under para- preceding the year for which the grant is re- podiatric physicians in approved or provision- graph (1), the Advisory Committee shall prepare ceived. ally approved residency programs that shall and make available an agenda of the matters to ‘‘(c) APPLICATIONS.—Applications submitted provide financial assistance in the form of be considered by the Advisory Committee at for assistance under this section shall— traineeships to residents who participate in such such meeting. At any such meeting, the Advi- ‘‘(1) be jointly submitted by at least two eligi- projects and who plan to specialize in primary sory Council shall distribute materials with re- ble applicants with the express purpose of as- care. spect to the issues to be addressed at the meet- sisting individuals in academic institutions in ‘‘(3) Carrying out demonstration projects in ing. Not later than 30 days after the adjourning establishing long-term collaborative relation- which chiropractors and physicians collaborate of such a meeting, the Advisory Committee shall ships with health care providers in rural areas; to identify and provide effective treatment for prepare and make available a summary of the and spinal and lower-back conditions. meeting and any actions taken by the Commit- ‘‘(2) designate a rural health care agency or ‘‘SEC. 756. ADVISORY COMMITTEE ON INTER- tee based upon the meeting. agencies for clinical treatment or training, in- DISCIPLINARY, COMMUNITY-BASED ‘‘(f) COMPENSATION AND EXPENSES.— cluding hospitals, community health centers, LINKAGES. ‘‘(1) COMPENSATION.—Each member of the Ad- migrant health centers, rural health clinics, ‘‘(a) ESTABLISHMENT.—The Secretary shall es- visory Committee shall be compensated at a rate community behavioral and mental health cen- tablish an advisory committee to be known as equal to the daily equivalent of the annual rate S12518 CONGRESSIONAL RECORD — SENATE October 14, 1998 of basic pay prescribed for level IV of the Execu- ‘‘PART E—HEALTH PROFESSIONS AND ‘‘(1) be— tive Schedule under section 5315 of title 5, PUBLIC HEALTH WORKFORCE ‘‘(A) a health professions school, including an United States Code, for each day (including ‘‘Subpart 1—Health Professions Workforce accredited school or program of public health, travel time) during which such member is en- Information and Analysis health administration, preventive medicine, or gaged in the performance of the duties of the ‘‘SEC. 761. HEALTH PROFESSIONS WORKFORCE dental public health or a school providing Committee. INFORMATION AND ANALYSIS. health management programs; ‘‘(2) EXPENSES.—The members of the Advisory ‘‘(a) PURPOSE.—It is the purpose of this sec- ‘‘(B) an academic health center; Committee shall be allowed travel expenses, in- tion to— ‘‘(C) a State or local government; or cluding per diem in lieu of subsistence, at rates ‘‘(1) provide for the development of informa- ‘‘(D) any other appropriate public or private authorized for employees of agencies under sub- tion describing the health professions workforce nonprofit entity; and chapter I of chapter 57 of title 5, United States and the analysis of workforce related issues; ‘‘(2) prepare and submit to the Secretary an Code, while away from their homes or regular and application at such time, in such manner, and places of business in the performance of services ‘‘(2) provide necessary information for deci- containing such information as the Secretary for the Committee. sion-making regarding future directions in may require. ‘‘(g) FACA.—The Federal Advisory Committee health professions and nursing programs in re- ‘‘(c) PREFERENCE.—In awarding grants or Act shall apply to the Advisory Committee sponse to societal and professional needs. contracts under this section the Secretary may under this section only to the extent that the ‘‘(b) GRANTS OR CONTRACTS.—The Secretary grant a preference to entities— provisions of such Act do not conflict with the may award grants or contracts to State or local ‘‘(1) serving individuals who are from dis- requirements of this section. governments, health professions schools, schools advantaged backgrounds (including underrep- ‘‘SEC. 757. AUTHORIZATION OF APPROPRIATIONS. of nursing, academic health centers, commu- resented racial and ethnic minorities); and ‘‘(a) IN GENERAL.—There are authorized to be nity-based health facilities, and other appro- ‘‘(2) graduating large proportions of individ- appropriated to carry out this part, $55,600,000 priate public or private nonprofit entities to pro- uals who serve in underserved communities. for fiscal year 1998, and such sums as may be vide for— ‘‘(d) ACTIVITIES.—Amounts provided under a necessary for each of the fiscal years 1999 ‘‘(1) targeted information collection and anal- grant or contract awarded under this section through 2002. ysis activities related to the purposes described may be used for— ‘‘(b) ALLOCATION.— in subsection (a); ‘‘(1) the costs of planning, developing, or op- ‘‘(1) IN GENERAL.—Of the amounts appro- ‘‘(2) research on high priority workforce ques- erating demonstration training programs; priated under subsection (a) for a fiscal year, tions; ‘‘(2) faculty development; the Secretary shall make available— ‘‘(3) the development of a non-Federal ana- ‘‘(3) trainee support; ‘‘(A) not less than $28,587,000 for awards of lytic and research infrastructure related to the ‘‘(4) technical assistance; grants and contracts under section 751; purposes described in subsection (a); and ‘‘(5) to meet the costs of projects— ‘‘(B) not less than $3,765,000 for awards of ‘‘(4) the conduct of program evaluation and ‘‘(A) to plan and develop new residency train- grants and contracts under section 752, of which assessment. ing programs and to maintain or improve exist- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— not less than 50 percent of such amount shall be ing residency training programs in preventive ‘‘(1) IN GENERAL.—There are authorized to be made available for centers described in sub- medicine and dental public health, that have appropriated to carry out this section, $750,000 section (a)(1) of such section; and available full-time faculty members with train- for fiscal year 1998, and such sums as may be ‘‘(C) not less than $22,631,000 for awards of ing and experience in the fields of preventive necessary for each of the fiscal years 1999 grants and contracts under sections 753, 754, medicine and dental public health; and through 2002. and 755. ‘‘(B) to provide financial assistance to resi- ‘‘(2) RESERVATION.—Of the amounts appro- dency trainees enrolled in such programs; ‘‘(2) RATABLE REDUCTION.—If amounts appro- priated under subsection (a) for a fiscal year, ‘‘(6) the retraining of existing public health priated under subsection (a) for any fiscal year the Secretary shall reserve not less than $600,000 workers as well as for increasing the supply of are less than the amount required to comply for conducting health professions research and new practitioners to address priority public with paragraph (1), the Secretary shall ratably for carrying out data collection and analysis in health, preventive medicine, public health den- reduce the amount to be made available under accordance with section 792. tistry, and health administration needs; each of subparagraphs (A) through (C) of such ‘‘(3) AVAILABILITY OF ADDITIONAL FUNDS.— ‘‘(7) preparing public health professionals for paragraph accordingly. Amounts otherwise appropriated for programs employment at the State and community levels; ‘‘(3) INCREASE IN AMOUNTS.—If amounts ap- or activities under this title may be used for ac- or propriated for a fiscal year under subsection (a) tivities under subsection (b) with respect to the ‘‘(8) other activities that may produce out- exceed the amount authorized under such sub- programs or activities from which such amounts comes that are consistent with the purposes of section for such fiscal year, the Secretary may were made available.’’. this section increase the amount to be made available for (b) COUNCIL ON GRADUATE MEDICAL EDU- ‘‘(e) TRAINEESHIPS.— programs and activities under this part without CATION.—Section 301 of the Health Professions regard to the amounts specified in each of sub- Education Extension Amendments of 1992 (Pub- ‘‘(1) IN GENERAL.—With respect to amounts paragraphs (A) through (C) of paragraph (2). lic Law 102–408) is amended— used under this section for the training of ‘‘(c) OBLIGATION OF CERTAIN AMOUNTS.— (1) in subsection (j), by striking ‘‘1995’’ and health professionals, such training programs ‘‘(1) AREA HEALTH EDUCATION CENTER PRO- inserting ‘‘2002’’; shall be designed to— GRAMS.—Of the amounts made available under (2) in subsection (k), by striking ‘‘1995’’ and ‘‘(A) make public health education more ac- subsection (b)(1)(A) for each fiscal year, the Sec- inserting ‘‘2002’’; cessible to the public and private health work- retary may obligate for awards under section (3) by adding at the end thereof the following force; 751(a)(2)— new subsection: ‘‘(B) increase the relevance of public health ‘‘(A) not less than 23 percent of such amounts ‘‘(l) FUNDING.—Amounts otherwise appro- academic preparation to public health practice in fiscal year 1998; priated under this title may be utilized by the in the future; ‘‘(B) not less than 30 percent of such amounts Secretary to support the activities of the Coun- ‘‘(C) provide education or training for stu- in fiscal year 1999; cil.’’; dents from traditional on-campus programs in ‘‘(C) not less than 35 percent of such amounts (4) by transferring such section to part E of practice-based sites; or in fiscal year 2000; title VII of the Public Health Service Act (as ‘‘(D) develop educational methods and dis- ‘‘(D) not less than 40 percent of such amounts amended by subsection (a)); tance-based approaches or technology that ad- in fiscal year 2001; and (5) by redesignating such section as section dress adult learning requirements and increase ‘‘(E) not less than 45 percent of such amounts 762; and knowledge and skills related to community- in fiscal year 2002. (6) by inserting such section after section 761. based cultural diversity in public health edu- ‘‘(2) SENSE OF CONGRESS.—It is the sense of SEC. 105. PUBLIC HEALTH WORKFORCE DEVELOP- cation. the Congress that— MENT. ‘‘(2) SEVERE SHORTAGE DISCIPLINES.—Amounts ‘‘(A) every State have an area health edu- Part E of title VII of the Public Health Service provided under grants or contracts under this cation center program in effect under this sec- Act (as amended by section 104) is further section may be used for the operation of pro- tion; and amended by adding at the end the following: grams designed to award traineeships to stu- ‘‘(B) the ratio of Federal funding for the ‘‘Subpart 2—Public Health Workforce dents in accredited schools of public health who model program under section 751(a)(2) should ‘‘SEC. 765. GENERAL PROVISIONS. enter educational programs in fields where there increase over time and that Federal funding for ‘‘(a) IN GENERAL.—The Secretary may award is a severe shortage of public health profes- other awards under this section shall decrease grants or contracts to eligible entities to increase sionals, including epidemiology, biostatistics, so that the national program will become en- the number of individuals in the public health environmental health, toxicology, public health tirely comprised of programs that are funded at workforce, to enhance the quality of such work- nursing, nutrition, preventive medicine, mater- least 50 percent by State and local partners.’’. force, and to enhance the ability of the work- nal and child health, and behavioral and men- SEC. 104. HEALTH PROFESSIONS WORKFORCE IN- force to meet national, State, and local health tal health professions. FORMATION AND ANALYSIS. care needs. ‘‘SEC. 766. PUBLIC HEALTH TRAINING CENTERS. (a) IN GENERAL.—Part E of title VII of the ‘‘(b) ELIGIBILITY.—To be eligible to receive a ‘‘(a) IN GENERAL.—The Secretary may make Public Health Service Act (42 U.S.C. 294n et grant or contract under subsection (a) an entity grants or contracts for the operation of public seq.) is amended to read as follows: shall— health training centers. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12519

‘‘(b) ELIGIBLE ENTITIES.— medicine or dental public health and support (2) Part G of title VII of the Public Health ‘‘(1) IN GENERAL.—A public health training from other faculty members trained in public Service Act (42 U.S.C. 295j et seq.) is amended— center shall be an accredited school of public health and other relevant specialties and dis- (A) by redesignating such part as part F; health, or another public or nonprofit private ciplines. (B) in section 791 (42 U.S.C. 295j)— institution accredited for the provision of grad- ‘‘(3) OTHER FUNDS.—Schools of medicine, os- (i) by striking subsection (b); and uate or specialized training in public health, teopathic medicine, dentistry, and public health (ii) redesignating subsection (c) as subsection that plans, develops, operates, and evaluates may use funds committed by State, local, or (b); (C) by repealing section 793 (42 U.S.C. 295l); county public health officers as matching projects that are in furtherance of the goals es- (D) by repealing section 798; tablished by the Secretary for the year 2000 in amounts for Federal grant funds for residency (E) by redesignating section 799 as section the areas of preventive medicine, health pro- training programs in preventive medicine. 799B; and motion and disease prevention, or improving ac- ‘‘SEC. 769. HEALTH ADMINISTRATION (F) by inserting after section 794, the follow- cess to and quality of health services in medi- TRAINEESHIPS AND SPECIAL ing new sections: PROJECTS. cally underserved communities. ‘‘SEC. 796. APPLICATION. ‘‘(a) IN GENERAL.—The Secretary may make ‘‘(2) PREFERENCE.—In awarding grants or ‘‘(a) IN GENERAL.—To be eligible to receive a contracts under this section the Secretary shall grants to State or local governments (that have grant or contract under this title, an eligible en- give preference to accredited schools of public in effect preventive medical and dental public tity shall prepare and submit to the Secretary health. health residency programs) or public or non- an application that meets the requirements of ‘‘(c) CERTAIN REQUIREMENTS.—With respect to profit private educational entities (including this section, at such time, in such manner, and a public health training center, an award may graduate schools of social work and business containing such information as the Secretary not be made under subsection (a) unless the pro- schools that have health management programs) may require. gram agrees that it— that offer a program described in subsection ‘‘(b) PLAN.—An application submitted under ‘‘(1) will establish or strengthen field place- (b)— this section shall contain the plan of the appli- ments for students in public or nonprofit private ‘‘(1) to provide traineeships for students en- cant for carrying out a project with amounts re- health agencies or organizations; rolled in such a program; and ceived under this title. Such plan shall be con- ‘‘(2) will involve faculty members and students ‘‘(2) to assist accredited programs health ad- sistent with relevant Federal, State, or regional in collaborative projects to enhance public ministration in the development or improvement health professions program plans. health services to medically underserved commu- of programs to prepare students for employment ‘‘(c) PERFORMANCE OUTCOME STANDARDS.—An nities; with public or nonprofit private entities. application submitted under this section shall ‘‘(3) will specifically designate a geographic ‘‘(b) RELEVANT PROGRAMS.—The program re- contain a specification by the applicant entity area or medically underserved population to be ferred to in subsection (a) is an accredited pro- of performance outcome standards that the served by the center that shall be in a location gram in health administration, hospital admin- project to be funded under the grant or contract removed from the main location of the teaching istration, or health policy analysis and plan- will be measured against. Such standards shall facility of the school that is participating in the ning, which program is accredited by a body or address relevant health workforce needs that program with such center; and bodies approved for such purpose by the Sec- the project will meet. The recipient of a grant or ‘‘(4) will assess the health personnel needs of retary of Education and which meets such other contract under this section shall meet the stand- the area to be served by the center and assist in quality standards as the Secretary of Health ards set forth in the grant or contract applica- the planning and development of training pro- and Human Services by regulation may pre- tion. grams to meet such needs. scribe. ‘‘(d) LINKAGES.—An application submitted ‘‘(c) PREFERENCE IN MAKING GRANTS.—In under this section shall contain a description of ‘‘SEC. 767. PUBLIC HEALTH TRAINEESHIPS. making grants under subsection (a), the Sec- the linkages with relevant educational and ‘‘(a) IN GENERAL.—The Secretary may make retary shall give preference to qualified appli- health care entities, including training pro- grants to accredited schools of public health, cants that meet the following conditions: grams for other health professionals as appro- and to other public or nonprofit private institu- ‘‘(1) Not less than 25 percent of the graduates priate, that the project to be funded under the tions accredited for the provision of graduate or of the applicant are engaged in full-time prac- grant or contract will establish. To the extent specialized training in public health, for the tice settings in medically underserved commu- practicable, grantees under this section shall es- purpose of assisting such schools and institu- nities. tablish linkages with health care providers who tions in providing traineeships to individuals ‘‘(2) The applicant recruits and admits stu- provide care for underserved communities and described in subsection (b)(3). dents from medically underserved communities. populations. ‘‘(b) CERTAIN REQUIREMENTS.— ‘‘(3) For the purpose of training students, the ‘‘SEC. 797. USE OF FUNDS. ‘‘(1) AMOUNT.—The amount of any grant applicant has established relationships with ‘‘(a) IN GENERAL.—Amounts provided under a under this section shall be determined by the public and nonprofit providers of health care in grant or contract awarded under this title may Secretary. the community involved. be used for training program development and ‘‘(2) USE OF GRANT.—Traineeships awarded ‘‘(4) In training students, the applicant em- support, faculty development, model demonstra- under grants made under subsection (a) shall phasizes employment with public or nonprofit tions, trainee support including tuition, books, provide for tuition and fees and such stipends private entities. program fees and reasonable living expenses and allowances (including travel and subsist- ‘‘(d) CERTAIN PROVISIONS REGARDING during the period of training, technical assist- ence expenses and dependency allowances) for TRAINEESHIPS.— ance, workforce analysis, dissemination of in- the trainees as the Secretary may deem nec- ‘‘(1) USE OF GRANT.—Traineeships awarded formation, and exploring new policy directions, essary. under grants made under subsection (a) shall as appropriate to meet recognized health work- ‘‘(3) ELIGIBLE INDIVIDUALS.—The individuals provide for tuition and fees and such stipends force objectives, in accordance with this title. referred to in subsection (a) are individuals who and allowances (including travel and subsist- ‘‘(b) MAINTENANCE OF EFFORT.—With respect are pursuing a course of study in a health pro- ence expenses and dependency allowances) for to activities for which a grant awarded under fessions field in which there is a severe shortage the trainees as the Secretary may deem nec- this title is to be expended, the entity shall agree of health professionals (which fields include the essary. to maintain expenditures of non-Federal fields of epidemiology, environmental health, ‘‘(2) PREFERENCE FOR CERTAIN STUDENTS.— amounts for such activities at a level that is not biostatistics, toxicology, nutrition, and maternal Each entity applying for a grant under sub- less than the level of such expenditures main- and child health). section (a) for traineeships shall assure to the tained by the entity for the fiscal year preceding ‘‘SEC. 768. PREVENTIVE MEDICINE; DENTAL PUB- satisfaction of the Secretary that the entity will the fiscal year for which the entity receives such LIC HEALTH. give priority to awarding the traineeships to a grant. ‘‘(a) IN GENERAL.—The Secretary may make students who demonstrate a commitment to em- ‘‘SEC. 798. MATCHING REQUIREMENT. grants to and enter into contracts with schools ployment with public or nonprofit private enti- ‘‘The Secretary may require that an entity of medicine, osteopathic medicine, public health, ties in the fields with respect to which the that applies for a grant or contract under this and dentistry to meet the costs of projects— traineeships are awarded. title provide non-Federal matching funds, as ap- ‘‘(1) to plan and develop new residency train- ‘‘SEC. 770. AUTHORIZATION OF APPROPRIATIONS. propriate, to ensure the institutional commit- ing programs and to maintain or improve exist- ‘‘(a) IN GENERAL.—For the purpose of carry- ment of the entity to the projects funded under ing residency training programs in preventive ing out this subpart, there is authorized to be the grant. As determined by the Secretary, such medicine and dental public health; and appropriated $9,100,000 for fiscal year 1998, and non-Federal matching funds may be provided ‘‘(2) to provide financial assistance to resi- such sums as may be necessary for each of the directly or through donations from public or pri- dency trainees enrolled in such programs. fiscal years 1999 through 2002. vate entities and may be in cash or in-kind, ‘‘(b) ADMINISTRATION.— ‘‘(b) LIMITATION REGARDING CERTAIN PRO- fairly evaluated, including plant, equipment, or ‘‘(1) AMOUNT.—The amount of any grant GRAM.—In obligating amounts appropriated services. under subsection (a) shall be determined by the under subsection (a), the Secretary may not ob- ‘‘SEC. 799. GENERALLY APPLICABLE PROVISIONS. Secretary. ligate more than 30 percent for carrying out sec- ‘‘(a) AWARDING OF GRANTS AND CONTRACTS.— ‘‘(2) ELIGIBILITY.—To be eligible for a grant tion 767.’’. The Secretary shall ensure that grants and con- under subsection (a), the applicant must dem- SEC. 106. GENERAL PROVISIONS. tracts under this title are awarded on a competi- onstrate to the Secretary that it has or will have (a) IN GENERAL.— tive basis, as appropriate, to carry out innova- available full-time faculty members with train- (1) Part F of title VII of the Public Health tive demonstration projects or provide for strate- ing and experience in the fields of preventive Service Act (42 U.S.C. 295 et seq.) is repealed. gic workforce supplementation activities as S12520 CONGRESSIONAL RECORD — SENATE October 14, 1998 needed to meet health workforce goals and in for funding which is based on outcome measures (2) in paragraph (2), by striking ‘‘under sec- accordance with this title. Contracts may be en- for an eligible entity under this title, the Sec- tion 798(a)’’. tered into under this title with public or private retary may also consider the future ability of SEC. 108. DEFINITIONS. entities as may be necessary. the eligible entity to meet the outcome pref- (a) GRADUATE PROGRAM IN BEHAVIORAL AND ‘‘(b) ELIGIBLE ENTITIES.—Unless specifically erence or priority through improvements in the MENTAL HEALTH PRACTICE.—Section 799B(1)(D) required otherwise in this title, the Secretary eligible entity’s program design. of the Public Health Service Act (42 U.S.C. shall accept applications for grants or contracts ‘‘(h) ANALYTIC ACTIVITIES.—The Secretary 295p(1)(D)) (as so redesignated by section under this title from health professions schools, shall ensure that— 106(a)(2)(E)) is amended— academic health centers, State or local govern- ‘‘(1) cross-cutting workforce analytical activi- (1) by inserting ‘‘behavioral health and’’ be- ments, or other appropriate public or private ties are carried out as part of the workforce in- fore ‘‘mental’’; and nonprofit entities for funding and participation formation and analysis activities under section (2) by inserting ‘‘behavioral health and men- in health professions and nursing training ac- 761; and tal health practice,’’ before ‘‘clinical’’. tivities. The Secretary may accept applications ‘‘(2) discipline-specific workforce information (b) PROFESSIONAL COUNSELING AS A BEHAV- from for-profit private entities if determined ap- and analytical activities are carried out as part IORAL AND MENTAL HEALTH PRACTICE.—Section propriate by the Secretary. of— 799B of the Public Health Service Act (42 U.S.C. ‘‘(c) INFORMATION REQUIREMENTS.— ‘‘(A) the community-based linkage program 295p) (as so redesignated by section 106(a)(2)(E)) ‘‘(1) IN GENERAL.—Recipients of grants and under part D; and is amended— contracts under this title shall meet information ‘‘(B) the health workforce development pro- (1) in paragraph (1)— requirements as specified by the Secretary. gram under subpart 2 of part E. (A) in subparagraph (C)— ‘‘(i) OSTEOPATHIC SCHOOLS.—For purposes of ‘‘(2) DATA COLLECTION.—The Secretary shall (i) by inserting ‘‘and ‘graduate program in this title, any reference to— establish procedures to ensure that, with respect professional counseling’ ’’ after ‘‘graduate pro- ‘‘(1) medical schools shall include osteopathic to any data collection required under this title, gram in marriage and family therapy’ ’’; and medical schools; and such data is collected in a manner that takes (ii) by inserting before the period the follow- ‘‘(2) medical students shall include osteo- into account age, sex, race, and ethnicity. ing: ‘‘and a concentration leading to a graduate pathic medical students. ‘‘(3) USE OF FUNDS.—The Secretary shall es- degree in counseling’’; tablish procedures to permit the use of amounts ‘‘SEC. 799A. TECHNICAL ASSISTANCE. (B) in subparagraph (D), by inserting ‘‘profes- appropriated under this title to be used for data ‘‘Funds appropriated under this title may be sional counseling,’’ after ‘‘social work,’’; and collection purposes. used by the Secretary to provide technical as- (C) in subparagraph (E), by inserting ‘‘profes- ‘‘(4) EVALUATIONS.—The Secretary shall es- sistance in relation to any of the authorities sional counseling,’’ after ‘‘social work,’’; and tablish procedures to ensure the annual evalua- under this title.’’. (2) in paragraph (5)(C), by inserting before the tion of programs and projects operated by recipi- (b) PROFESSIONAL COUNSELORS AS MENTAL period the following: ‘‘or a degree in counseling ents of grants or contracts under this title. Such HEALTH PROFESSIONALS.—Section 792(a) of the or an equivalent degree’’. procedures shall ensure that continued funding Public Health Service Act (42 U.S.C. 295k(a)) is (c) MEDICALLY UNDERSERVED COMMUNITY.— for such programs and projects will be condi- amended by inserting ‘‘professional counselors,’’ Section 799B(6) of the Public Health Service Act tioned upon a demonstration that satisfactory after ‘‘clinical psychologists,’’. (42 U.S.C. 295p(6)) (as so redesignated by section progress has been made by the program or SEC. 107. PREFERENCE IN CERTAIN PROGRAMS. 105(a)(2)(E)) is amended— project in meeting the objectives of the program (a) IN GENERAL.—Section 791 of the Public (1) in subparagraph (B), by striking ‘‘or’’ at or project. Health Service Act (42 U.S.C. 295j), as amended the end thereof; ‘‘(d) TRAINING PROGRAMS.—Training pro- by section 105(a)(2)(B), is further amended by (2) in subparagraph (C), by striking the period grams conducted with amounts received under adding at the end thereof the following sub- and inserting ‘‘; or’’; and this title shall meet applicable accreditation and section: (3) by adding at the end the following: quality standards. ‘‘(c) EXCEPTIONS FOR NEW PROGRAMS.— ‘‘(D) is designated by a State Governor (in ‘‘(e) DURATION OF ASSISTANCE.— ‘‘(1) IN GENERAL.—To permit new programs to consultation with the medical community) as a ‘‘(1) IN GENERAL.—Subject to paragraph (2), in compete equitably for funding under this sec- the case of an award to an entity of a grant, co- shortage area or medically underserved commu- tion, those new programs that meet at least 4 of nity.’’. operative agreement, or contract under this title, the criteria described in paragraph (3) shall (d) PROGRAMS FOR THE TRAINING OF PHYSI- the period during which payments are made to qualify for a funding preference under this sec- the entity under the award may not exceed 5 CIAN ASSISTANTS.—Paragraph (3) of section 799B tion. of the Public Health Service Act (42 U.S.C. 295p) years. The provision of payments under the ‘‘(2) DEFINITION.—As used in this subsection, award shall be subject to annual approval by (as so redesignated by section 105(a)(2)(E)) is the term ‘new program’ means any program that amended to read as follows: the Secretary of the payments and subject to the has graduated less than three classes. Upon availability of appropriations for the fiscal year ‘‘(3) The term ‘program for the training of graduating at least three classes, a program physician assistants’ means an educational pro- involved to make the payments. This paragraph shall have the capability to provide the informa- may not be construed as limiting the number of gram that— tion necessary to qualify the program for the ‘‘(A) has as its objective the education of indi- awards under the program involved that may be general funding preferences described in sub- made to the entity. viduals who will, upon completion of their stud- section (a). ies in the program, be qualified to provide pri- ‘‘(2) LIMITATION.—In the case of an award to ‘‘(3) CRITERIA.—The criteria referred to in mary care under the supervision of a physician; an entity of a grant, cooperative agreement, or paragraph (1) are the following: ‘‘(B) extends for at least one academic year contract under this title, paragraph (1) shall ‘‘(A) The mission statement of the program and consists of— apply only to the extent not inconsistent with identifies a specific purpose of the program as ‘‘(i) supervised clinical practice; and any other provision of this title that relates to being the preparation of health professionals to ‘‘(ii) at least four months (in the aggregate) of the period during which payments may be made serve underserved populations. under the award. ‘‘(B) The curriculum of the program includes classroom instruction, directed toward preparing students to deliver health care; ‘‘(f) PEER REVIEW REGARDING CERTAIN PRO- content which will help to prepare practitioners ‘‘(C) has an enrollment of not less than eight GRAMS.— to serve underserved populations. ‘‘(1) IN GENERAL.—Each application for a ‘‘(C) Substantial clinical training experience students; and grant under this title, except any scholarship or is required under the program in medically un- ‘‘(D) trains students in primary care, disease loan program, including those under sections derserved communities. prevention, health promotion, geriatric medi- 701, 721, or 723, shall be submitted to a peer re- ‘‘(D) A minimum of 20 percent of the clinical cine, and home health care.’’. view group for an evaluation of the merits of the faculty of the program spend at least 50 percent (e) PSYCHOLOGIST.—Section 799B of the Public proposals made in the application. The Sec- of their time providing or supervising care in Health Service Act (42 U.S.C. 295p) (as so redes- retary may not approve such an application un- medically underserved communities. ignated by section 105(a)(2)(E)) is amended by less a peer review group has recommended the ‘‘(E) The entire program or a substantial por- adding at the end the following: application for approval. tion of the program is physically located in a ‘‘(11) The term ‘psychologist’ means an indi- ‘‘(2) COMPOSITION.—Each peer review group medically underserved community. vidual who— under this subsection shall be composed prin- ‘‘(F) Student assistance, which is linked to ‘‘(A) holds a doctoral degree in psychology; cipally of individuals who are not officers or service in medically underserved communities and employees of the Federal Government. In pro- following graduation, is available to the stu- ‘‘(B) is licensed or certified on the basis of the viding for the establishment of peer review dents in the program. doctoral degree in psychology, by the State in groups and procedures, the Secretary shall en- ‘‘(G) The program provides a placement mech- which the individual practices, at the independ- sure sex, racial, ethnic, and geographic balance anism for deploying graduates to medically un- ent practice level of psychology to furnish diag- among the membership of such groups. derserved communities.’’. nostic, assessment, preventive, and therapeutic ‘‘(3) ADMINISTRATION.—This subsection shall (b) CONFORMING AMENDMENTS.—Section services directly to individuals.’’. be carried out by the Secretary acting through 791(a) of the Public Health Service Act (42 SEC. 109. TECHNICAL AMENDMENT ON NATIONAL the Administrator of the Health Resources and U.S.C. 295j(a)) is amended— HEALTH SERVICE CORPS. Services Administration. (1) in paragraph (1), by striking ‘‘sections Section 338B(b)(1)(B) of the Public Health ‘‘(g) PREFERENCE OR PRIORITY CONSIDER- 747’’ and all that follows through ‘‘767’’ and in- Service Act (42 U.S.C. 254l–1(b)(1)(B)) is amend- ATIONS.—In considering a preference or priority serting ‘‘sections 747 and 750’’; and ed by striking ‘‘or other health profession’’ and October 14, 1998 CONGRESSIONAL RECORD — SENATE S12521 inserting ‘‘behavioral and mental health, or filiated with a hospital or university, or an priate, that the project to be funded under the other health profession’’. independent school, which provides primarily or grant or contract will establish. SEC. 110. SAVINGS PROVISION. exclusively a program of education in profes- ‘‘SEC. 803. USE OF FUNDS. In the case of any authority for making sional nursing and allied subjects leading to a ‘‘(a) IN GENERAL.—Amounts provided under a awards of grants or contracts that is terminated diploma or to equivalent indicia that such pro- grant or contract awarded under this title may by the amendments made by this subtitle, the gram has been satisfactorily completed, but only be used for training program development and Secretary of Health and Human Services may, if such program, or such affiliated school or support, faculty development, model demonstra- notwithstanding the termination of the author- such hospital or university or such independent tions, trainee support including tuition, books, ity, continue in effect any grant or contract school is accredited. program fees and reasonable living expenses made under the authority that is in effect on ‘‘(6) ACCREDITED.— during the period of training, technical assist- the day before the date of the enactment of this ‘‘(A) IN GENERAL.—Except as provided in sub- ance, workforce analysis, and dissemination of Act, subject to the duration of any such grant paragraph (B), the term ‘accredited’ when ap- information, as appropriate to meet recognized or contract not exceeding the period determined plied to any program of nurse education means nursing objectives, in accordance with this title. by the Secretary in first approving such finan- a program accredited by a recognized body or ‘‘(b) MAINTENANCE OF EFFORT.—With respect cial assistance, or in approving the most recent bodies, or by a State agency, approved for such to activities for which a grant awarded under request made (before the date of such enact- purpose by the Secretary of Education and this title is to be expended, the entity shall agree ment) for continuation of such assistance, as when applied to a hospital, school, college, or to maintain expenditures of non-Federal the case may be. university (or a unit thereof) means a hospital, amounts for such activities at a level that is not Subtitle B—Nursing Workforce Development school, college, or university (or a unit thereof) less than the level of such expenditures main- which is accredited by a recognized body or bod- tained by the entity for the fiscal year preceding SEC. 121. SHORT TITLE. ies, or by a State agency, approved for such the fiscal year for which the entity receives such This subtitle may be cited as the ‘‘Nursing purpose by the Secretary of Education. For the a grant. Education and Practice Improvement Act of purpose of this paragraph, the Secretary of ‘‘SEC. 804. MATCHING REQUIREMENT. 1998’’. Education shall publish a list of recognized ac- ‘‘The Secretary may require that an entity SEC. 122. PURPOSE. crediting bodies, and of State agencies, which that applies for a grant or contract under this It is the purpose of this subtitle to restructure the Secretary of Education determines to be reli- title provide non-Federal matching funds, as ap- the nurse education authorities of title VIII of able authority as to the quality of education of- propriate, to ensure the institutional commit- the Public Health Service Act to permit a com- fered. ment of the entity to the projects funded under prehensive, flexible, and effective approach to ‘‘(B) NEW PROGRAMS.—A new program of the grant. Such non-Federal matching funds Federal support for nursing workforce develop- nursing that, by reason of an insufficient period may be provided directly or through donations ment. of operation, is not, at the time of the submis- from public or private entities and may be in SEC. 123. AMENDMENTS TO PUBLIC HEALTH sion of an application for a grant or contract cash or in-kind, fairly evaluated, including SERVICE ACT. under this title, eligible for accreditation by plant, equipment, or services. Title VIII of the Public Health Service Act (42 such a recognized body or bodies or State agen- ‘‘SEC. 805. PREFERENCE. U.S.C. 296k et seq.) is amended— cy, shall be deemed accredited for purposes of ‘‘In awarding grants or contracts under this (1) by striking the title heading and all that this title if the Secretary of Education finds, title, the Secretary shall give preference to ap- follows except for subpart II of part B and sec- after consultation with the appropriate accredi- plicants with projects that will substantially tions 846 and 855; and inserting the following: tation body or bodies, that there is reasonable benefit rural or underserved populations, or ‘‘TITLE VIII—NURSING WORKFORCE assurance that the program will meet the ac- help meet public health nursing needs in State DEVELOPMENT’’; creditation standards of such body or bodies or local health departments. prior to the beginning of the academic year fol- (2) in subpart II of part B, by striking the sub- ‘‘SEC. 806. GENERALLY APPLICABLE PROVISIONS. lowing the normal graduation date of students part heading and inserting the following: ‘‘(a) AWARDING OF GRANTS AND CONTRACTS.— of the first entering class in such a program. The Secretary shall ensure that grants and con- ‘‘PART E—STUDENT LOANS’’; ‘‘(7) NONPROFIT.—The term ‘nonprofit’ as ap- tracts under this title are awarded on a competi- (3) by striking section 837; plied to any school, agency, organization, or in- tive basis, as appropriate, to carry out innova- (4) by inserting after the title heading the fol- stitution means one which is a corporation or tive demonstration projects or provide for strate- lowing new parts: association, or is owned and operated by one or gic workforce supplementation activities as ‘‘PART A—GENERAL PROVISIONS more corporations or associations, no part of the needed to meet national nursing service goals net earnings of which inures, or may lawfully ‘‘SEC. 801. DEFINITIONS. and in accordance with this title. Contracts may inure, to the benefit of any private shareholder ‘‘As used in this title: be entered into under this title with public or or individual. ‘‘(1) ELIGIBLE ENTITIES.—The term ‘eligible en- private entities as determined necessary by the ‘‘(8) STATE.—The term ‘State’ means a State, tities’ means schools of nursing, nursing centers, Secretary. the Commonwealth of Puerto Rico, the District academic health centers, State or local govern- ‘‘(b) INFORMATION REQUIREMENTS.— of Columbia, the Commonwealth of the Northern ments, and other public or private nonprofit en- ‘‘(1) IN GENERAL.—Recipients of grants and Mariana Islands, Guam, American Samoa, the tities determined appropriate by the Secretary contracts under this title shall meet information Virgin Islands, or the Trust Territory of the Pa- that submit to the Secretary an application in requirements as specified by the Secretary. cific Islands. accordance with section 802. ‘‘(2) EVALUATIONS.—The Secretary shall es- ‘‘(2) SCHOOL OF NURSING.—The term ‘school of ‘‘SEC. 802. APPLICATION. tablish procedures to ensure the annual evalua- nursing’ means a collegiate, associate degree, or ‘‘(a) IN GENERAL.—To be eligible to receive a tion of programs and projects operated by recipi- diploma school of nursing in a State. grant or contract under this title, an eligible en- ents of grants under this title. Such procedures ‘‘(3) COLLEGIATE SCHOOL OF NURSING.—The tity shall prepare and submit to the Secretary shall ensure that continued funding for such term ‘collegiate school of nursing’ means a de- an application that meets the requirements of programs and projects will be conditioned upon partment, division, or other administrative unit this section, at such time, in such manner, and a demonstration that satisfactory progress has in a college or university which provides pri- containing such information as the Secretary been made by the program or project in meeting marily or exclusively a program of education in may require. the objectives of the program or project. professional nursing and related subjects lead- ‘‘(b) PLAN.—An application submitted under ‘‘(c) TRAINING PROGRAMS.—Training programs ing to the degree of bachelor of arts, bachelor of this section shall contain the plan of the appli- conducted with amounts received under this science, bachelor of nursing, or to an equivalent cant for carrying out a project with amounts re- title shall meet applicable accreditation and degree, or to a graduate degree in nursing, or to ceived under this title. Such plan shall be con- quality standards. an equivalent degree, and including advanced sistent with relevant Federal, State, or regional ‘‘(d) DURATION OF ASSISTANCE.— training related to such program of education program plans. ‘‘(1) IN GENERAL.—Subject to paragraph (2), in provided by such school, but only if such pro- ‘‘(c) PERFORMANCE OUTCOME STANDARDS.—An the case of an award to an entity of a grant, co- gram, or such unit, college or university is ac- application submitted under this section shall operative agreement, or contract under this title, credited. contain a specification by the applicant entity the period during which payments are made to ‘‘(4) ASSOCIATE DEGREE SCHOOL OF NURSING.— of performance outcome standards that the the entity under the award may not exceed 5 The term ‘associate degree school of nursing’ project to be funded under the grant or contract years. The provision of payments under the means a department, division, or other adminis- will be measured against. Such standards shall award shall be subject to annual approval by trative unit in a junior college, community col- address relevant national nursing needs that the Secretary of the payments and subject to the lege, college, or university which provides pri- the project will meet. The recipient of a grant or availability of appropriations for the fiscal year marily or exclusively a two-year program of contract under this section shall meet the stand- involved to make the payments. This paragraph education in professional nursing and allied ards set forth in the grant or contract applica- may not be construed as limiting the number of subjects leading to an associate degree in nurs- tion. awards under the program involved that may be ing or to an equivalent degree, but only if such ‘‘(d) LINKAGES.—An application submitted made to the entity. program, or such unit, college, or university is under this section shall contain a description of ‘‘(2) LIMITATION.—In the case of an award to accredited. the linkages with relevant educational and an entity of a grant, cooperative agreement, or ‘‘(5) DIPLOMA SCHOOL OF NURSING.—The term health care entities, including training pro- contract under this title, paragraph (1) shall ‘diploma school of nursing’ means a school af- grams for other health professionals as appro- apply only to the extent not inconsistent with S12522 CONGRESSIONAL RECORD — SENATE October 14, 1998 any other provision of this title that relates to or public health nurses, or in other nurse spe- report to the Secretary concerning the annual the period during which payments may be made cialties determined by the Secretary to require admission, retention, and graduation rates for under the award. advanced education. individuals from disadvantaged backgrounds ‘‘(e) PEER REVIEW REGARDING CERTAIN PRO- ‘‘(c) AUTHORIZED NURSE PRACTITIONER AND and ethnic and racial minorities in the school or GRAMS.— NURSE-MIDWIFERY PROGRAMS.—Nurse practi- schools involved in the projects. ‘‘(1) IN GENERAL.—Each application for a tioner and nurse midwifery programs eligible for ‘‘(2) FALLING RATES.—If any of the rates re- grant under this title, except advanced nurse support under this section are educational pro- ported under paragraph (1) fall below the aver- traineeship grants under section 811(a)(2), shall grams for registered nurses (irrespective of the age of the two previous years, the grant or con- be submitted to a peer review group for an eval- type of school of nursing in which the nurses re- tract recipient shall provide the Secretary with uation of the merits of the proposals made in the ceived their training) that— plans for immediately improving such rates. application. The Secretary may not approve ‘‘(1) meet guidelines prescribed by the Sec- ‘‘(3) INELIGIBILITY.—A recipient described in such an application unless a peer review group retary; and paragraph (2) shall be ineligible for continued has recommended the application for approval. ‘‘(2) have as their objective the education of funding under this section if the plan of the re- ‘‘(2) COMPOSITION.—Each peer review group nurses who will upon completion of their studies cipient fails to improve the rates within the 1- under this subsection shall be composed prin- in such programs, be qualified to effectively pro- year period beginning on the date such plan is cipally of individuals who are not officers or vide primary health care, including primary implemented. employees of the Federal Government. In pro- health care in homes and in ambulatory care fa- ‘‘PART D—STRENGTHENING CAPACITY viding for the establishment of peer review cilities, long-term care facilities, acute care, and FOR BASIC NURSE EDUCATION AND groups and procedures, the Secretary shall, ex- other health care settings. PRACTICE cept as otherwise provided, ensure sex, racial, ‘‘(d) AUTHORIZED NURSE ANESTHESIA PRO- ‘‘SEC. 831. BASIC NURSE EDUCATION AND PRAC- ethnic, and geographic representation among GRAMS.—Nurse anesthesia programs eligible for TICE GRANTS. the membership of such groups. support under this section are education pro- ‘‘(a) IN GENERAL.—The Secretary may award ‘‘(3) ADMINISTRATION.—This subsection shall grams that— grants to and enter into contracts with eligible be carried out by the Secretary acting through ‘‘(1) provide registered nurses with full-time entities for projects to strengthen capacity for the Administrator of the Health Resources and anesthetist education; and basic nurse education and practice. ‘‘(2) are accredited by the Council on Accredi- Services Administration. ‘‘(b) PRIORITY AREAS.—In awarding grants or ‘‘(f) ANALYTIC ACTIVITIES.—The Secretary tation of Nurse Anesthesia Educational Pro- contracts under this section the Secretary shall shall ensure that— grams. give priority to entities that will use amounts ‘‘(1) cross-cutting workforce analytical activi- ‘‘(e) OTHER AUTHORIZED EDUCATIONAL PRO- provided under such a grant or contract to en- ties are carried out as part of the workforce in- GRAMS.—The Secretary shall prescribe guide- hance the educational mix and utilization of the formation and analysis activities under this lines as appropriate for other advanced nurse basic nursing workforce by strengthening pro- title; and education programs eligible for support under grams that provide basic nurse education, such ‘‘(2) discipline-specific workforce information this section. as through— is developed and analytical activities are carried ‘‘(f) TRAINEESHIPS.— ‘‘(1) establishing or expanding nursing prac- out as part of— ‘‘(1) IN GENERAL.—The Secretary may not tice arrangements in noninstitutional settings to ‘‘(A) the advanced education nursing activi- award a grant to an applicant under subsection demonstrate methods to improve access to pri- ties under part B; (a) unless the applicant involved agrees that mary health care in medically underserved com- ‘‘(B) the workforce diversity activities under traineeships provided with the grant will only munities; part C; and pay all or part of the costs of— ‘‘(2) providing care for underserved popu- ‘‘(C) basic nursing education and practice ac- ‘‘(A) the tuition, books, and fees of the pro- lations and other high-risk groups such as the tivities under part D. gram of advanced nurse education with respect elderly, individuals with HIV-AIDS, substance ‘‘(g) STATE AND REGIONAL PRIORITIES.—Ac- to which the traineeship is provided; and abusers, the homeless, and victims of domestic tivities under grants or contracts under this title ‘‘(B) the reasonable living expenses of the in- violence; shall, to the extent practicable, be consistent dividual during the period for which the ‘‘(3) providing managed care, quality improve- with related Federal, State, or regional nursing traineeship is provided. ment, and other skills needed to practice in ex- professions program plans and priorities. ‘‘(2) DOCTORAL PROGRAMS.—The Secretary isting and emerging organized health care sys- ‘‘(h) FILING OF APPLICATIONS.— may not obligate more than 10 percent of the tems; ‘‘(1) IN GENERAL.—Applications for grants or traineeships under subsection (a) for individuals ‘‘(4) developing cultural competencies among contracts under this title may be submitted by in doctorate degree programs. nurses; health professions schools, schools of nursing, ‘‘(3) SPECIAL CONSIDERATION.—In making ‘‘(5) expanding the enrollment in bacca- academic health centers, State or local govern- awards of grants and contracts under sub- laureate nursing programs; ments, or other appropriate public or private section (a)(2), the Secretary shall give special ‘‘(6) promoting career mobility for nursing nonprofit entities as determined appropriate by consideration to an eligible entity that agrees to personnel in a variety of training settings and the Secretary in accordance with this title. expend the award to train advanced education cross training or specialty training among di- ‘‘(2) FOR PROFIT ENTITIES.—Notwithstanding nurses who will practice in health professional verse population groups; paragraph (1), a for-profit entity may be eligible shortage areas designated under section 332. ‘‘(7) providing education in informatics, in- for a grant or contract under this title as deter- ‘‘PART C—INCREASING NURSING cluding distance learning methodologies; or mined appropriate by the Secretary. WORKFORCE DIVERSITY ‘‘(8) other priority areas as determined by the ‘‘SEC. 807. TECHNICAL ASSISTANCE. ‘‘SEC. 821. WORKFORCE DIVERSITY GRANTS. Secretary.’’; ‘‘Funds appropriated under this title may be (5) by adding at the end the following: ‘‘(a) IN GENERAL.—The Secretary may award used by the Secretary to provide technical as- grants to and enter into contracts with eligible ‘‘PART F—FUNDING sistance in relation to any of the authorities entities to meet the costs of special projects to ‘‘SEC. 841. FUNDING. under this title. increase nursing education opportunities for in- ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘PART B—NURSE PRACTITIONERS, NURSE dividuals who are from disadvantaged back- For the purpose of carrying out parts B, C, and MIDWIVES, NURSE ANESTHETISTS, AND grounds (including racial and ethnic minorities D (subject to section 845(g)), there are author- OTHER ADVANCED EDUCATION NURSES underrepresented among registered nurses) by ized to be appropriated $65,000,000 for fiscal ‘‘SEC. 811. ADVANCED EDUCATION NURSING providing student scholarships or stipends, pre- year 1998, and such sums as may be necessary GRANTS. entry preparation, and retention activities. for each of the fiscal years 1999 through 2002. ‘‘(a) IN GENERAL.—The Secretary may award ‘‘(b) GUIDANCE.—In carrying out subsection ‘‘(b) ALLOCATIONS FOR FISCAL YEARS 1998 grants to and enter into contracts with eligible (a), the Secretary shall take into consideration THROUGH 2002.— entities to meet the costs of— the recommendations of the First, Second and ‘‘(1) NURSE PRACTITIONERS; NURSE MID- ‘‘(1) projects that support the enhancement of Third Invitational Congresses for Minority WIVES.— advanced nursing education and practice; and Nurse Leaders on ‘Caring for the Emerging Ma- ‘‘(A) FISCAL YEAR 1998.—Of the amount appro- ‘‘(2) traineeships for individuals in advanced jority,’ in 1992, 1993 and 1997, and consult with priated under subsection (a) for fiscal year 1998, nursing education programs. nursing associations including the American the Secretary shall reserve not less than ‘‘(b) DEFINITION OF ADVANCED EDUCATION Nurses Association, the National League for $17,564,000 for making awards of grants and NURSES.—For purposes of this section, the term Nursing, the American Association of Colleges of contracts under section 822 as such section was ‘advanced education nurses’ means individuals Nursing, the National Black Nurses Association, in effect for fiscal year 1998. trained in advanced degree programs including the National Association of Hispanic Nurses, the ‘‘(B) FISCAL YEARS 1999 THROUGH 2002.—Of the individuals in combined R.N./Master’s degree Association of Asian American and Pacific Is- amount appropriated under subsection (a) for programs, post-nursing master’s certificate pro- lander Nurses, the Native American Indian and fiscal year 1999 or any of the fiscal years 2000 grams, or, in the case of nurse midwives, in cer- Alaskan Nurses Association, and the National through 2002, the Secretary, subject to sub- tificate programs in existence on the date that is Council of State Boards of Nursing. section (d), shall reserve for the fiscal year in- one day prior to the date of enactment of this ‘‘(c) REQUIRED INFORMATION AND CONDITIONS volved, for making awards of grants and con- section, to serve as nurse practitioners, clinical FOR AWARD RECIPIENTS.— tracts under part B with respect to nurse practi- nurse specialists, nurse midwives, nurse anes- ‘‘(1) IN GENERAL.—Recipients of awards under tioners and nurse midwives, not less than the thetists, nurse educators, nurse administrators, this section may be required, where requested, to percentage constituted by the ratio of the October 14, 1998 CONGRESSIONAL RECORD — SENATE S12523 amount appropriated under section 822 as such ‘‘(iii) The counting of only employed health cludes individuals who are members of racial or section was in effect for fiscal year 1998 to the care providers in determining the number of ethnic minority groups and a specification of total of the amounts appropriated under this health care providers. the skills needed to provide health services to title for such fiscal year. For purposes of the ‘‘(iv) The number of families whose income is such individuals in the language and the edu- preceding sentence, the Secretary, in determin- less than 200 percent of the official poverty line cational and cultural context that is most ap- ing the amount that has been reserved for the (as established by the Director of the Office of propriate to the individuals. fiscal year involved, shall include any amounts Management and Budget and revised by the ‘‘(C) Data, obtained from the Director of the appropriated under subsection (a) for the fiscal Secretary in accordance with section 673(2) of Centers for Disease Control and Prevention, on year that are obligated by the Secretary to con- the Omnibus Budget Reconciliation Act of 1981). rates of morbidity and mortality among various tinue in effect grants or contracts under section ‘‘(v) The rate of infant mortality and the rate populations (including data on the rates of ma- 822 as such section was in effect for fiscal year of low-birthweight births. ternal and infant mortality and data on the 1998. ‘‘(vi) The percentage of the general popu- rates of low-birthweight births of living in- ‘‘(2) NURSE ANESTHETISTS.— lation constituted by individuals who are mem- fants). ‘‘(A) FISCAL YEAR 1998.—Of the amount appro- bers or racial or ethnic minority groups, stated ‘‘(D) Data from the Health Plan Employer priated under subsection (a) for fiscal year 1998, both by minority group and in the aggregate. Data and Information Set, as appropriate. ‘‘(vii) The percentage of the general popu- the Secretary shall reserve not less than ‘‘PART G—NATIONAL ADVISORY COUNCIL lation constituted by individuals who are of His- $2,761,000 for making awards of grants and con- ON NURSE EDUCATION AND PRACTICE tracts under section 831 as such section was in panic ethnicity. effect for fiscal year 1998. ‘‘(viii) The number of individuals residing in ‘‘SEC. 845. NATIONAL ADVISORY COUNCIL ON NURSE EDUCATION AND PRACTICE. ‘‘(B) FISCAL YEARS 1999 THROUGH 2002.—Of the health professional shortage areas, and the amount appropriated under subsection (a) for number of individuals who are members of medi- ‘‘(a) ESTABLISHMENT.—The Secretary shall es- fiscal year 1999 or any of the fiscal years 2000 cally underserved populations. tablish an advisory council to be known as the through 2002, the Secretary, subject to sub- ‘‘(ix) The percentage of the general popu- National Advisory Council on Nurse Education section (d), shall reserve for the fiscal year in- lation constituted by elderly individuals. and Practice (in this section referred to as the volved, for making awards of grants and con- ‘‘(x) The extent to which the populations ‘Advisory Council’). tracts under part B with respect to nurse anes- served have a choice of providers. ‘‘(b) COMPOSITION.— thetists, not less than the percentage constituted ‘‘(xi) The impact of care on hospitalizations ‘‘(1) IN GENERAL.—The Advisory Council shall by the ratio of the amount appropriated under and emergency room use. be composed of section 831 as such section was in effect for fis- ‘‘(xii) The number of individuals who lack ‘‘(A) not less than 21, nor more than 23 indi- cal year 1998 to the total of the amounts appro- proficiency in speaking the English language. viduals, who are not officers or employees of the priated under this title for such fiscal year. For ‘‘(xiii) Such additional factors as the Sec- Federal Government, appointed by the Secretary purposes of the preceding sentence, the Sec- retary determines to be appropriate. without regard to the Federal civil service laws, retary, in determining the amount that has been ‘‘(3) REPORT TO CONGRESS.—Not later than 30 of which— reserved for the fiscal year involved, shall in- days after the completion of the development of ‘‘(i) 2 shall be selected from full-time students clude any amounts appropriated under sub- the methodology required in paragraph (1), the enrolled in schools of nursing; ‘‘(ii) 2 shall be selected from the general pub- section (a) for the fiscal year that are obligated Secretary shall submit to the Committee on Com- lic; by the Secretary to continue in effect grants or merce of the House of Representatives, and to ‘‘(iii) 2 shall be selected from practicing pro- contracts under section 831 as such section was the Committee on Labor and Human Resources fessional nurses; and in effect for fiscal year 1998. of the Senate, a report describing the methodol- ‘‘(iv) 9 shall be selected from among the lead- ‘‘(c) ALLOCATIONS AFTER FISCAL YEAR 2002.— ogy and explaining the effects of the methodol- ‘‘(1) IN GENERAL.—For fiscal year 2003 and ogy on the allocation among parts B, C, and D ing authorities in the various fields of nursing, subsequent fiscal years, amounts appropriated (and programs within such parts) of amounts higher, secondary education, and associate de- under subsection (a) for the fiscal year involved appropriated under subsection (a) for the first gree schools of nursing, and from representa- shall be allocated by the Secretary among parts fiscal year for which the methodology will be in tives of advanced education nursing groups B, C, and D (and programs within such parts) effect. Such explanation shall include a com- (such as nurse practitioners, nurse midwives, according to a methodology that is developed in parison of the allocation for such fiscal year and nurse anesthetists), hospitals, and other in- accordance with paragraph (2). The Secretary with the allocation made under this section for stitutions and organizations which provide shall enter into a contract with a public or pri- the preceding fiscal year. nursing services; and vate entity for the purpose of developing the ‘‘(d) USE OF METHODOLOGY BEFORE FISCAL ‘‘(B) the Secretary (or the delegate of the Sec- methodology. The contract shall require that the YEAR 2003.—With respect to the fiscal years 1999 retary (who shall be an ex officio member and development of the methodology be completed through 2002, if the report required in sub- shall serve as the Chairperson)). not later than February 1, 2002. section (c)(3) is submitted in accordance with ‘‘(2) APPOINTMENT.—Not later than 90 days ‘‘(2) USE OF CERTAIN FACTORS.—The contract such subsection not later than 90 days before after the date of enactment of this Act, the Sec- under paragraph (1) shall provide that the the beginning of such a fiscal year, the Sec- retary shall appoint the members of the Advi- methodology under such paragraph will be de- retary may for such year implement the meth- sory Council and each such member shall serve veloped in accordance with the following: odology described in the report (rather than im- a 4 year term. In making such appointments, the ‘‘(A) The methodology will take into account plementing the methodology in fiscal year 2003), Secretary shall ensure a fair balance between the need for and the distribution of health serv- in which case subsection (b) ceases to be in ef- the nursing professions, a broad geographic rep- ices among medically underserved populations, fect. The authority under the preceding sen- resentation of members and a balance between as determined according to the factors that tence is subject to the condition that the fiscal urban and rural members. Members shall be ap- apply under section 330(b)(3). year for which the methodology is implemented pointed based on their competence, interest, and ‘‘(B) The methodology will take into account be the same fiscal year identified in such report knowledge of the mission of the profession in- the need for and the distribution of health serv- as the fiscal year for which the methodology volved. A majority of the members shall be ices in health professional shortage areas, as de- will first be in effect. nurses. termined according to the factors that apply ‘‘(e) AUTHORITY FOR USE OF ADDITIONAL FAC- ‘‘(3) MINORITY REPRESENTATION.—In appoint- under section 332(b). TORS IN METHODOLOGY.— ing the members of the Advisory Council under ‘‘(C) The methodology will take into account ‘‘(1) IN GENERAL.—The Secretary shall make paragraph (1), the Secretary shall ensure the the need for and the distribution of mental the determinations specified in paragraph (2). adequate representation of minorities. health services among medically underserved For any fiscal year beginning after the first fis- ‘‘(c) VACANCIES.— populations and in health professional shortage cal year for which the methodology under sub- ‘‘(1) IN GENERAL.—A vacancy on the Advisory areas. section (c)(1) is in effect, the Secretary may alter Council shall be filled in the manner in which ‘‘(D) The methodology will be developed in the methodology by including the information the original appointment was made and shall be consultation with individuals in the field of from such determinations as factors in the meth- subject to any conditions which applied with re- nursing, including registered nurses, nurse odology. spect to the original appointment. practitioners, nurse midwives, nurse anes- ‘‘(2) RELEVANT DETERMINATIONS.—The deter- ‘‘(2) FILLING UNEXPIRED TERM.—An individual thetists, clinical nurse specialists, nursing edu- minations referred to in paragraph (1) are as chosen to fill a vacancy shall be appointed for cators and educational institutions, nurse ex- follows: the unexpired term of the member replaced. ecutives, pediatric nurse associates and practi- ‘‘(A) The need for and the distribution of ‘‘(d) DUTIES.—The Advisory Council shall— tioners, and women’s health, obstetric, and neo- health services among populations for which it ‘‘(1) provide advice and recommendations to natal nurses. is difficult to determine the number of individ- the Secretary and Congress concerning policy ‘‘(E) The methodology will take into account uals who are in the population, such as home- matters arising in the administration of this the following factors with respect to the States: less individuals; migratory and seasonal agricul- title, including the range of issues relating to ‘‘(i) A provider population ratio equivalent to tural workers and their families; individuals in- the nurse workforce, education, and practice a managed care formula of 1/1,500 for primary fected with the human immunodeficiency virus, improvement; care services. and individuals who abuse drugs. ‘‘(2) provide advice to the Secretary and Con- ‘‘(ii) The use of whole rather than fractional ‘‘(B) In the case of a population for which the gress in the preparation of general regulations counts in determining the number of health care determinations under subparagraph (A) are and with respect to policy matters arising in the providers. made, the extent to which the population in- administration of this title, including the range S12524 CONGRESSIONAL RECORD — SENATE October 14, 1998 of issues relating to nurse supply, education U.S.C. 292s(b)(1)), as amended by section to actions pending on or after the date of enact- and practice improvement; and 2014(c)(2)(A)(ii) of Public Law 103–43 (107 Stat. ment of this Act. ‘‘(3) not later than 3 years after the date of 216), is amended by striking ‘‘3 years before’’ (d) BREACH OF AGREEMENTS.—Section 846 of enactment of this section, and annually there- and inserting ‘‘4 years before’’. the Public Health Service Act (42 U.S.C. 297n) is after, prepare and submit to the Secretary, the (b) NONCOMPLIANCE.—Section 723(a)(3) of the amended by adding at the end thereof the fol- Committee on Labor and Human Resources of Public Health Service Act (42 U.S.C. 292s(a)(3)) lowing new subsection: the Senate, and the Committee on Commerce of is amended to read as follows: ‘‘(h) BREACH OF AGREEMENT.— the House of Representatives, a report describ- ‘‘(3) NONCOMPLIANCE BY STUDENT.—Each ‘‘(1) IN GENERAL.—In the case of any program ing the activities of the Council, including find- agreement entered into with a student pursuant under this section under which an individual ings and recommendations made by the Council to paragraph (1) shall provide that, if the stu- makes an agreement to provide health services concerning the activities under this title. dent fails to comply with such agreement, the for a period of time in accordance with such ‘‘(e) MEETINGS AND DOCUMENTS.— loan involved will begin to accrue interest at a program in consideration of receiving an award ‘‘(1) MEETINGS.—The Advisory Council shall rate of 18 percent per year beginning on the of Federal funds regarding education as a nurse meet not less than 2 times each year. Such meet- date of such noncompliance.’’. (including an award for the repayment of ings shall be held jointly with other related enti- (c) REPORT REQUIREMENT.—Section 723 of the loans), the following applies if the agreement ties established under this title where appro- Public Health Service Act (42 U.S.C. 292s) is provides that this subsection is applicable: priate. amended— ‘‘(A) In the case of a program under this sec- ‘‘(2) DOCUMENTS.—Not later than 14 days (1) by striking subsection (c); and tion that makes an award of Federal funds for prior to the convening of a meeting under para- (2) by redesignating subsection (d) as sub- attending an accredited program of nursing (in graph (1), the Advisory Council shall prepare section (c). this section referred to as a ‘nursing program’), and make available an agenda of the matters to SEC. 132. LOANS FOR DISADVANTAGED STU- the individual is liable to the Federal Govern- be considered by the Advisory Council at such DENTS. ment for the amount of such award (including meeting. At any such meeting, the Advisory (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- amounts provided for expenses related to such Council shall distribute materials with respect to tion 724(f)(1) of the Public Health Service Act attendance), and for interest on such amount at the issues to be addressed at the meeting. Not (42 U.S.C. 292t(f)(1)) is amended by striking the maximum legal prevailing rate, if the indi- later than 30 days after the adjourning of such ‘‘$15,000,000 for fiscal year 1993’’ and inserting vidual— a meeting, the Advisory Council shall prepare ‘‘$8,000,000 for each of the fiscal years 1998 ‘‘(i) fails to maintain an acceptable level of and make available a summary of the meeting through 2002’’. academic standing in the nursing program (as and any actions taken by the Council based (b) REPEAL.—Effective October 1, 2002, para- indicated by the program in accordance with re- upon the meeting. graph (1) of section 724(f) of the Public Health quirements established by the Secretary); ‘‘(f) COMPENSATION AND EXPENSES.— Service Act (42 U.S.C. 292t(f)(1)) is repealed. ‘‘(ii) is dismissed from the nursing program for ‘‘(1) COMPENSATION.—Each member of the Ad- SEC. 133. STUDENT LOANS REGARDING SCHOOLS disciplinary reasons; or visory Council shall be compensated at a rate OF NURSING. ‘‘(iii) voluntarily terminates the nursing pro- equal to the daily equivalent of the annual rate (a) IN GENERAL.—Section 836(b) of the Public gram. of basic pay prescribed for level IV of the Execu- Health Service Act (42 U.S.C. 297b(b)) is amend- ‘‘(B) The individual is liable to the Federal tive Schedule under section 5315 of title 5, ed— Government for the amount of such award (in- United States Code, for each day (including (1) in paragraph (1), by striking the period at cluding amounts provided for expenses related travel time) during which such member is en- the end and inserting a semicolon; to such attendance), and for interest on such gaged in the performance of the duties of the (2) in paragraph (2)— amount at the maximum legal prevailing rate, if Council. All members of the Council who are of- (A) in subparagraph (A), by striking ‘‘and’’ at the individual fails to provide health services in ficers or employees of the United States shall the end; and accordance with the program under this section serve without compensation in addition to that (B) by inserting before the semicolon at the for the period of time applicable under the pro- received for their services as officers or employ- end the following: ‘‘, and (C) such additional gram. ees of the United States. periods under the terms of paragraph (8) of this ‘‘(2) WAIVER OR SUSPENSION OF LIABILITY.—In ‘‘(2) EXPENSES.—The members of the Advisory subsection’’; the case of an individual or health facility mak- Council shall be allowed travel expenses, includ- (3) in paragraph (7), by striking the period at ing an agreement for purposes of paragraph (1), ing per diem in lieu of subsistence, at rates au- the end and inserting ‘‘; and’’; and the Secretary shall provide for the waiver or thorized for employees of agencies under sub- (4) by adding at the end the following para- suspension of liability under such subsection if chapter I of chapter 57 of title 5, United States graph: compliance by the individual or the health facil- Code, while away from their homes or regular ‘‘(8) pursuant to uniform criteria established ity, as the case may be, with the agreements in- places of business in the performance of services by the Secretary, the repayment period estab- volved is impossible, or would involve extreme for the Council. lished under paragraph (2) for any student bor- hardship to the individual or facility, and if en- ‘‘(g) FUNDING.—Amounts appropriated under rower who during the repayment period failed this title may be utilized by the Secretary to to make consecutive payments and who, during forcement of the agreements with respect to the support the nurse education and practice activi- the last 12 months of the repayment period, has individual or facility would be unconscionable. ties of the Council. made at least 12 consecutive payments may be ‘‘(3) DATE CERTAIN FOR RECOVERY.—Subject to ‘‘(h) FACA.—The Federal Advisory Committee extended for a period not to exceed 10 years.’’. paragraph (2), any amount that the Federal Act shall apply to the Advisory Committee (b) MINIMUM MONTHLY PAYMENTS.—Section Government is entitled to recover under para- under this section only to the extent that the 836(g) of the Public Health Service Act (42 graph (1) shall be paid to the United States not provisions of such Act do not conflict with the U.S.C. 297b(g)) is amended by striking ‘‘$15’’ later than the expiration of the 3-year period be- requirements of this section.’’; and and inserting ‘‘$40’’. ginning on the date the United States becomes (6) by redesignating section 855 as section 810, (c) ELIMINATION OF STATUTE OF LIMITATION so entitled. and transferring such section so as to appear FOR LOAN COLLECTIONS.— ‘‘(4) AVAILABILITY.—Amounts recovered under after section 809 (as added by the amendment (1) IN GENERAL.—Section 836 of the Public paragraph (1) with respect to a program under made by paragraph (5)). Health Service Act (42 U.S.C. 297b) is amended this section shall be available for the purposes SEC. 124. SAVINGS PROVISION. by adding at the end the following new sub- of such program, and shall remain available for In the case of any authority for making section: such purposes until expended.’’. awards of grants or contracts that is terminated ‘‘(l) ELIMINATION OF STATUTE OF LIMITATION (e) TECHNICAL AMENDMENTS.—Section 839 of by the amendment made by section 123, the Sec- FOR LOAN COLLECTIONS.— the Public Health Service Act (42 U.S.C. 297e) is retary of Health and Human Services may, not- ‘‘(1) PURPOSE.—It is the purpose of this sub- amended— withstanding the termination of the authority, section to ensure that obligations to repay loans (1) in subsection (a)— continue in effect any grant or contract made under this section are enforced without regard (A) by striking the matter preceding para- under the authority that is in effect on the day to any Federal or State statutory, regulatory, or graph (1) and inserting the following: before the date of the enactment of this Act, administrative limitation on the period within ‘‘(a) If a school terminates a loan fund estab- subject to the duration of any such grant or which debts may be enforced. lished under an agreement pursuant to section contract not exceeding the period determined by ‘‘(2) PROHIBITION.—Notwithstanding any 835(b), or if the Secretary for good cause termi- the Secretary in first approving such financial other provision of Federal or State law, no limi- nates the agreement with the school, there shall assistance, or in approving the most recent re- tation shall terminate the period within which be a capital distribution as follows:’’; and quest made (before the date of such enactment) suit may be filed, a judgment may be enforced, (B) in paragraph (1), by striking ‘‘at the close for continuation of such assistance, as the case or an offset, garnishment, or other action may of September 30, 1999,’’ and inserting ‘‘on the may be. be initiated or taken by a school of nursing that date of termination of the fund’’; and has an agreement with the Secretary pursuant (2) in subsection (b), to read as follows: Subtitle C—Financial Assistance to section 835 that is seeking the repayment of ‘‘(b) If a capital distribution is made under CHAPTER 1—SCHOOL-BASED REVOLVING the amount due from a borrower on a loan made subsection (a), the school involved shall, after LOAN FUNDS under this subpart after the default of the bor- such capital distribution, pay to the Secretary, SEC. 131. PRIMARY CARE LOAN PROGRAM. rower on such loan.’’. not less often than quarterly, the same propor- (a) REQUIREMENT FOR SCHOOLS.—Section (2) EFFECTIVE DATE.—The amendment made tionate share of amounts received by the school 723(b)(1) of the Public Health Service Act (42 by paragraph (1) shall be effective with respect in payment of principal or interest on loans October 14, 1998 CONGRESSIONAL RECORD — SENATE S12525

made from the loan fund established under sec- CHAPTER 2—INSURED HEALTH EDU- ‘‘(C) ANNUAL AUDITS FOR LENDERS, HOLDERS, tion 835(b) as determined by the Secretary under CATION ASSISTANCE LOANS TO GRAD- AND SERVICERS.—Each eligible lender, holder, or subsection (a).’’. UATE STUDENTS servicer desiring a designation under subpara- graph (A) shall have an annual financial and SEC. 134. GENERAL PROVISIONS. SEC. 141. HEALTH EDUCATION ASSISTANCE LOAN PROGRAM. compliance audit conducted with respect to the (a) MAXIMUM STUDENT LOAN PROVISIONS AND (a) HEALTH EDUCATION ASSISTANCE LOAN loan portfolio of such eligible lender, holder, or MINIMUM PAYMENTS.— DEFERMENT FOR BORROWERS PROVIDING servicer, by a qualified independent organiza- (1) IN GENERAL.—Section 722(a)(1) of the Pub- HEALTH SERVICES TO INDIANS.— tion from a list of qualified organizations identi- lic Health Service Act (42 U.S.C. 292r(a)(1)), as (1) IN GENERAL.—Section 705(a)(2)(C) of the fied by the Secretary and in accordance with amended by section 2014(b)(1) of Public Law Public Health Service Act (42 U.S.C. standards established by the Secretary. The 103–43, is amended by striking ‘‘the sum of’’ and 292d(a)(2)(C)) is amended by striking ‘‘and (x)’’ standards shall measure the lender’s, holder’s, all that follows through the end thereof and in- and inserting ‘‘(x) not in excess of three years, or servicer’s compliance with due diligence serting ‘‘the cost of attendance (including tui- during which the borrower is providing health standards and shall include a defined statistical tion, other reasonable educational expenses, care services to Indians through an Indian sampling technique designed to measure the per- and reasonable living costs) for that year at the health program (as defined in section formance rating of the eligible lender, holder, or educational institution attended by the student 108(a)(2)(A) of the Indian Health Care Improve- servicer for the purpose of this section. Each eli- (as determined by such educational institu- ment Act (25 U.S.C. 1616a(a)(2)(A)); and (xi)’’. gible lender, holder, or servicer shall submit the tion).’’. (2) CONFORMING AMENDMENTS.—Section audit required by this section to the Secretary. ‘‘(D) SECRETARY’S DETERMINATIONS.—The Sec- (2) THIRD AND FOURTH YEARS.—Section 705(a)(2)(C) of the Public Health Service Act (42 retary shall make the determination under sub- 722(a)(2) of the Public Health Service Act (42 U.S.C. 292d(a)(2)(C)) is further amended— paragraph (A) based upon the audits submitted U.S.C. 292r(a)(2)), as amended by section (A) in clause (xi) (as so redesignated) by strik- under this paragraph and any information in 2014(b)(1) of Public Law 103–43, is amended by ing ‘‘(ix)’’ and inserting ‘‘(x)’’; and the possession of the Secretary or submitted by striking ‘‘the amount $2,500’’ and all that fol- (B) in the matter following such clause (xi), any other agency or office of the Federal Gov- lows through ‘‘including such $2,500)’’ and in- by striking ‘‘(x)’’ and inserting ‘‘(xi)’’. (3) EFFECTIVE DATE.—The amendments made ernment. serting ‘‘the amount of the loan may, in the case ‘‘(E) QUARTERLY COMPLIANCE AUDIT.—To of the third or fourth year of a student at a by this subsection shall apply with respect to services provided on or after the first day of the maintain its status as an exceptional performer, school of medicine or osteopathic medicine, be the lender, holder, or servicer shall undergo a increased to the extent necessary’’. third month that begins after the date of the en- actment of this Act. quarterly compliance audit at the end of each (3) REPAYMENT PERIOD.—Section 722(c) of the (b) REPORT REQUIREMENT.—Section 709(b) of quarter (other than the quarter in which status Public Health Service Act (42 U.S.C. 292r(c)), as the Public Health Service Act (42 U.S.C. 292h(b)) as an exceptional performer is established amended by section 2014(b)(1) of Public Law is amended— through a financial and compliance audit, as 103–43, is amended— (1) in paragraph (4)(B), by adding ‘‘and’’ described in subparagraph (C)), and submit the (A) in the subsection heading by striking after the semicolon; results of such audit to the Secretary. The com- ‘‘TEN-YEAR’’ and inserting ‘‘REPAYMENT’’; (2) in paragraph (5), by striking ‘‘; and’’ and pliance audit shall review compliance with due diligence requirements for the period beginning (B) by striking ‘‘ten-year period which be- inserting a period; and on the day after the ending date of the previous gins’’ and inserting ‘‘period of not less than 10 (3) by striking paragraph (6). audit, in accordance with standards determined years nor more than 25 years, at the discretion (c) PROGRAM ELIGIBILITY.— by the Secretary. of the institution, which begins’’; and (1) LIMITATIONS ON LOANS.—Section 703(a) of the Public Health Service Act (42 U.S.C. 292b(a)) ‘‘(F) REVOCATION AUTHORITY.—The Secretary (C) by striking ‘‘such ten-year period’’ and in- is amended by striking ‘‘or clinical psychology’’ shall revoke the designation of a lender, holder, serting ‘‘such period’’. and inserting ‘‘or behavioral and mental health or servicer under subparagraph (A) if any quar- (4) MINIMUM PAYMENTS.—Section 722(j) of the practice, including clinical psychology’’. terly audit required under subparagraph (E) is not received by the Secretary by the date estab- Public Health Service Act (42 U.S.C. 292r(j)), as (2) DEFINITION OF ELIGIBLE INSTITUTION.—Sec- amended by section 2014(b)(1) of Public Law tion 719(1) of the Public Health Service Act (42 lished by the Secretary or if the audit indicates 103–43, is amended by striking ‘‘$15’’ and insert- U.S.C. 292o(1)) is amended by striking ‘‘or clini- the lender, holder, or servicer has failed to meet ing $40’’. cal psychology’’ and inserting ‘‘or behavioral the standards for designation as an exceptional performer under subparagraph (A). A lender, (b) ELIMINATION OF STATUTE OF LIMITATION and mental health practice, including clinical holder, or servicer receiving a compliance audit FOR LOAN COLLECTIONS.— psychology’’. not meeting the standard for designation as an (1) IN GENERAL.—Section 722 of the Public SEC. 142. HEAL LENDER AND HOLDER PERFORM- exceptional performer may reapply for designa- ANCE STANDARDS. Health Service Act (42 U.S.C. 292r), as amended tion under subparagraph (A) at any time. by section 2014(b)(1) of Public Law 103–43, is (a) GENERAL AMENDMENTS.—Section 707(a) of ‘‘(G) DOCUMENTATION.—Nothing in this sec- amended by adding at the end the following the Public Health Service Act (42 U.S.C. 292f) is tion shall restrict or limit the authority of the new subsection: amended— Secretary to require the submission of claims (1) by striking the last sentence; ‘‘(m) ELIMINATION OF STATUTE OF LIMITATION documentation evidencing servicing performed (2) by striking ‘‘determined.’’ and inserting FOR LOAN COLLECTIONS.— on loans, except that the Secretary may not re- ‘‘determined, except that, if the insurance bene- quire exceptional performers to submit greater ‘‘(1) PURPOSE.—It is the purpose of this sub- ficiary including any servicer of the loan is not documentation than that required for lenders, section to ensure that obligations to repay loans designated for ‘exceptional performance’, as set holders, and servicers not designated under sub- under this section are enforced without regard forth in paragraph (2), the Secretary shall pay paragraph (A). to any Federal or State statutory, regulatory, or to the beneficiary a sum equal to 98 percent of ‘‘(H) COST OF AUDITS.—Each eligible lender, administrative limitation on the period within the amount of the loss sustained by the insured holder, or servicer shall pay for all the costs as- which debts may be enforced. upon that loan.’’; sociated with the audits required under this sec- ‘‘(2) PROHIBITION.—Notwithstanding any (3) by striking ‘‘Upon’’ and inserting: tion. other provision of Federal or State law, no limi- ‘‘(1) IN GENERAL.—Upon’’; and ‘‘(I) ADDITIONAL REVOCATION AUTHORITY.— tation shall terminate the period within which (4) by adding at the end the following new Notwithstanding any other provision of this sec- suit may be filed, a judgment may be enforced, paragraph: tion, a designation under subparagraph (A) may or an offset, garnishment, or other action may ‘‘(2) EXCEPTIONAL PERFORMANCE.— be revoked at any time by the Secretary if the be initiated or taken by a school that has an ‘‘(A) AUTHORITY.—Where the Secretary deter- Secretary determines that the eligible lender, agreement with the Secretary pursuant to sec- mines that an eligible lender, holder, or servicer holder, or servicer has failed to maintain an tion 721 that is seeking the repayment of the has a compliance performance rating that overall level of compliance consistent with the amount due from a borrower on a loan made equals or exceeds 97 percent, the Secretary shall audit submitted by the eligible lender, holder, or under this subpart after the default of the bor- designate that eligible lender, holder, or servicer under this paragraph or if the Secretary rower on such loan.’’. servicer, as the case may be, for exceptional per- asserts that the lender, holder, or servicer may formance. (2) EFFECTIVE DATE.—The amendment made have engaged in fraud in securing designation by paragraph (1) shall be effective with respect ‘‘(B) COMPLIANCE PERFORMANCE RATING.—For under subparagraph (A) or is failing to service to actions pending on or after the date of enact- purposes of subparagraph (A), a compliance loans in accordance with program requirements. ment of this Act. performance rating is determined with respect to ‘‘(J) NONCOMPLIANCE.—A lender, holder, or compliance with due diligence in the disburse- servicer designated under subparagraph (A) (c) DATE CERTAIN FOR CONTRIBUTIONS.—Para- ment, servicing, and collection of loans under that fails to service loans or otherwise comply graph (2) of section 735(e) of the Public Health this subpart for each year for which the deter- with applicable program regulations shall be Service Act (42 U.S.C. 292y(e)(2)) is amended to mination is made. Such rating shall be equal to considered in violation of the Federal False read as follows: the percentage of all due diligence requirements Claims Act.’’. ‘‘(2) DATE CERTAIN FOR CONTRIBUTIONS.— applicable to each loan, on average, as estab- (b) DEFINITION.—Section 707(e) of the Public Amounts described in paragraph (1) that are re- lished by the Secretary, with respect to loans Health Service Act (42 U.S.C. 292f(e)) is amend- turned to the Secretary shall be obligated before serviced during the period by the eligible lender, ed by adding at the end the following new para- the end of the succeeding fiscal year.’’. holder, or servicer. graph: S12526 CONGRESSIONAL RECORD — SENATE October 14, 1998 ‘‘(4) The term ‘servicer’ means any agency tion, and service delivery to individuals from daily equivalent of the annual maximum rate of acting on behalf of the insurance beneficiary.’’. disadvantaged backgrounds, including individ- basic pay payable under the General Schedule (c) EFFECTIVE DATE.—The amendments made uals who are members of racial or ethnic minor- (under title 5, United States Code) for positions by subsections (a) and (b) shall apply with re- ity groups. above GS–15. spect to loans submitted to the Secretary for ‘‘(6) Ensure that the National Center for ‘‘(d) CERTAIN REQUIREMENTS REGARDING DU- payment on or after the first day of the sixth Health Statistics collects data on the health sta- TIES.— month that begins after the date of enactment of tus of each minority group. ‘‘(1) RECOMMENDATIONS REGARDING LANGUAGE this Act. ‘‘(7) With respect to individuals who lack pro- AS IMPEDIMENT TO HEALTH CARE.—The Deputy SEC. 143. INSURANCE PROGRAM. ficiency in speaking the English language, enter Assistant Secretary for Minority Health shall Section 710(a)(2)(B) of the Public Health Serv- into contracts with public and nonprofit private consult with the Director of the Office of Inter- ice Act (42 U.S.C. 292i(a)(2)(B)) is amended by providers of primary health services for the pur- national and Refugee Health, the Director of striking ‘‘any of the fiscal years 1993 through pose of increasing the access of the individuals the Office of Civil Rights, and the Directors of 1996’’ and inserting ‘‘fiscal year 1993 and subse- to such services by developing and carrying out other appropriate Departmental entities regard- quent fiscal years’’. programs to provide bilingual or interpretive ing recommendations for carrying out activities SEC. 144. HEAL BANKRUPTCY. services. under subsection (b)(9). ‘‘(8) Support a national minority health re- ‘‘(2) EQUITABLE ALLOCATION REGARDING AC- (a) IN GENERAL.—Section 707(g) of the Public source center to carry out the following: TIVITIES.—In carrying out subsection (b), the Health Service Act (42 U.S.C. 292f(g)) is amend- ‘‘(A) Facilitate the exchange of information Secretary shall ensure that services provided ed in the first sentence by striking ‘‘A debt regarding matters relating to health information under such subsection are equitably allocated which is a loan insured’’ and inserting ‘‘Not- and health promotion, preventive health serv- among all groups served under this section by withstanding any other provision of Federal or ices, and education in the appropriate use of the Secretary. State law, a debt that is a loan insured’’. health care. ‘‘(3) CULTURAL COMPETENCY OF SERVICES.— (b) APPLICATION.—The amendment made by ‘‘(B) Facilitate access to such information. The Secretary shall ensure that information and subsection (a) shall apply to any loan insured ‘‘(C) Assist in the analysis of issues and prob- services provided pursuant to subsection (b) are under the authority of subpart I of part A of lems relating to such matters. provided in the language, educational, and cul- title VII of the Public Health Service Act (42 ‘‘(D) Provide technical assistance with respect tural context that is most appropriate for the in- U.S.C. 292 et seq.) that is listed or scheduled by to the exchange of such information (including dividuals for whom the information and services the debtor in a case under title XI, United facilitating the development of materials for are intended. States Code, filed— such technical assistance). ‘‘(e) GRANTS AND CONTRACTS REGARDING DU- (1) on or after the date of enactment of this ‘‘(9) Carry out programs to improve access to TIES.— Act; or health care services for individuals with limited ‘‘(1) IN GENERAL.—In carrying out subsection (2) prior to such date of enactment in which proficiency in speaking the English language. (b), the Secretary acting through the Deputy a discharge has not been granted. Activities under the preceding sentence shall in- Assistant Secretary may make awards of grants, SEC. 145. HEAL REFINANCING. clude developing and evaluating model projects. cooperative agreements, and contracts to public Section 706 of the Public Health Service Act ‘‘(c) ADVISORY COMMITTEE.— and nonprofit private entities. (42 U.S.C. 292e) is amended— ‘‘(1) IN GENERAL.—The Secretary shall estab- ‘‘(2) PROCESS FOR MAKING AWARDS.—The Dep- (1) in subsection (d)— lish an advisory committee to be known as the uty Assistant Secretary shall ensure that (A) in the subsection heading, by striking Advisory Committee on Minority Health (in this awards under paragraph (1) are made, to the ‘‘CONSOLIDATION’’ and inserting ‘‘REFINANCING subsection referred to as the ‘Committee’). extent practical, only on a competitive basis, OR CONSOLIDATION’’; and ‘‘(2) DUTIES.—The Committee shall provide and that a grant is awarded for a proposal only (B) in the first sentence, by striking ‘‘indebt- advice to the Deputy Assistant Secretary carry- if the proposal has been recommended for such edness’’ and inserting ‘‘indebtedness or the refi- ing out this section, including advice on the de- an award through a process of peer review. nancing of a single loan’’; and velopment of goals and specific program activi- ‘‘(3) EVALUATION AND DISSEMINATION.—The (2) in subsection (e)— ties under paragraphs (1) through (9) of sub- Deputy Assistant Secretary, directly or through (A) in the subsection heading, by striking section (b) for each racial and ethnic minority contracts with public and private entities, shall ‘‘DEBTS’’ and inserting ‘‘DEBTS AND REFINANC- group. provide for evaluations of projects carried out ING’’; ‘‘(3) CHAIR.—The chairperson of the Commit- with awards made under paragraph (1) during (B) in the first sentence, by striking ‘‘all of tee shall be selected by the Secretary from the preceding 2 fiscal years. The report shall be the borrower’s debts into a single instrument’’ among the members of the voting members of the included in the report required under subsection and inserting ‘‘all of the borrower’s loans in- Committee. The term of office of the chairperson (f) for the fiscal year involved. sured under this subpart into a single instru- shall be 2 years. ‘‘(f) REPORTS.— ment (or, if the borrower obtained only 1 loan ‘‘(4) COMPOSITION.— ‘‘(1) IN GENERAL.—Not later than February 1 insured under this subpart, refinancing the loan ‘‘(A) The Committee shall be composed of 12 of fiscal year 1999 and of each second year 1 time)’’; and voting members appointed in accordance with thereafter, the Secretary shall submit to the (C) in the second sentence, by striking ‘‘con- subparagraph (B), and nonvoting, ex officio Committee on Energy and Commerce of the solidation’’ and inserting ‘‘consolidation or refi- members designated in subparagraph (C). House of Representatives, and to the Committee nancing’’. ‘‘(B) The voting members of the Committee on Labor and Human Resources of the Senate, TITLE II—OFFICE OF MINORITY HEALTH shall be appointed by the Secretary from among a report describing the activities carried out SEC. 201. REVISION AND EXTENSION OF PRO- individuals who are not officers or employees of under this section during the preceding 2 fiscal GRAMS OF OFFICE OF MINORITY the Federal Government and who have expertise years and evaluating the extent to which such HEALTH. regarding issues of minority health. The racial activities have been effective in improving the (a) DUTIES AND REQUIREMENTS.—Section 1707 and ethnic minority groups shall be equally rep- health of racial and ethnic minority groups. of the Public Health Service Act (42 U.S.C. 300u– resented among such members. Each such report shall include the biennial re- 6) is amended by striking subsection (b) and all ‘‘(C) The nonvoting, ex officio members of the ports submitted under sections 201(e)(3) and that follows and inserting the following: Committee shall be such officials of the Depart- 201(f)(2) for such years by the heads of the Pub- ‘‘(b) DUTIES.—With respect to improving the ment of Health and Human Services as the Sec- lic Health Service agencies. health of racial and ethnic minority groups, the retary determines to be appropriate. ‘‘(2) AGENCY REPORTS.—Not later than Feb- Secretary, acting through the Deputy Assistant ‘‘(5) TERMS.—Each member of the Committee ruary 1, 1999, and biennially thereafter, the Secretary for Minority Health (in this section shall serve for a term of 4 years, except that the heads of the Public Health Service agencies referred to as the ‘Deputy Assistant Secretary’), Secretary shall initially appoint a portion of the shall submit to the Deputy Assistant Secretary a shall carry out the following: members to terms of 1 year, 2 years, and 3 years. report summarizing the minority health activi- ‘‘(1) Establish short-range and long-range ‘‘(6) VACANCIES.—If a vacancy occurs on the ties of each of the respective agencies. goals and objectives and coordinate all other ac- Committee, a new member shall be appointed by ‘‘(g) DEFINITION.—For purposes of this sec- tivities within the Public Health Service that re- the Secretary within 90 days from the date that tion: late to disease prevention, health promotion, the vacancy occurs, and serve for the remainder ‘‘(1) The term ‘racial and ethnic minority service delivery, and research concerning such of the term for which the predecessor of such group’ means American Indians (including individuals. The heads of each of the agencies member was appointed. The vacancy shall not Alaska Natives, Eskimos, and Aleuts); Asian of the Service shall consult with the Deputy As- affect the power of the remaining members to Americans and Pacific Islanders; Blacks; and sistant Secretary to ensure the coordination of execute the duties of the Committee. Hispanics. such activities. ‘‘(7) COMPENSATION.—Members of the Commit- ‘‘(2) The term ‘Hispanic’ means individuals ‘‘(2) Enter into interagency agreements with tee who are officers or employees of the United whose origin is Mexican, Puerto Rican, Cuban, other agencies of the Public Health Service. States shall serve without compensation. Mem- Central or South American, or any other Span- ‘‘(3) Support research, demonstrations and bers of the Committee who are not officers or ish-speaking country. evaluations to test new and innovative models. employees of the United States shall receive ‘‘(h) FUNDING.— ‘‘(4) Increase knowledge and understanding of compensation, for each day (including travel ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— health risk factors. time) they are engaged in the performance of For the purpose of carrying out this section, ‘‘(5) Develop mechanisms that support better the functions of the Committee. Such compensa- there are authorized to be appropriated information dissemination, education, preven- tion may not be in an amount in excess of the $30,000,000 for fiscal year 1998, such sums as October 14, 1998 CONGRESSIONAL RECORD — SENATE S12527

may be necessary for each of the fiscal years (b) DURATION.—Section 398A of the Public (2) in paragraph (2)(C), by striking ‘‘306(n)’’ 1999 through 2002.’’. Health Service Act (42 U.S.C. 280c–4) is amend- and inserting ‘‘306(m)’’. (b) AUTHORIZATION FOR NATIONAL CENTER ed— (e) EFFECTIVE DATE.—This section is deemed FOR HEALTH STATISTICS.—Section 306 of the (1) in the heading for the section, by striking to have taken effect immediately after the enact- Public Health Service Act (42 U.S.C. 242k) is ‘‘LIMITATION’’ and all that follows and insert- ment of Public Law 103–183. amended— ing ‘‘REQUIREMENT OF MATCHING SEC. 402. MISCELLANEOUS AMENDMENTS RE- (1) in subsection (m), by adding at the end the FUNDS’’; GARDING PHS COMMISSIONED OFFI- following: (2) by striking subsection (a); CERS. ‘‘(4)(A) Subject to subparagraph (B), the Sec- (3) by redesignating subsections (b) and (c) as (a) ANTI-DISCRIMINATION LAWS.—Amend sec- retary, acting through the Center, shall collect subsections (a) and (b), respectively; and tion 212 of the Public Health Service Act (42 data on Hispanics and major Hispanic sub- (4) in subsection (a) (as so redesignated), in U.S.C. 213) by adding the following new sub- population groups and American Indians, and each of paragraphs (1)(C) and (2)(C), by strik- section at the end thereof: for developing special area population studies ing ‘‘third year’’ and inserting ‘‘third or subse- ‘‘(f) Active service of commissioned officers of on major Asian American and Pacific Islander quent year’’. the Service shall be deemed to be active military populations. (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- service in the Armed Forces of the United States ‘‘(B) The provisions of subparagraph (A) shall tion 398B(e) of the Public Health Service Act (42 for purposes of all laws related to discrimination be effective with respect to a fiscal year only to U.S.C. 280c–5(e)) is amended— on the basis of race, color, sex, ethnicity, age, the extent that funds are appropriated pursuant (1) by striking ‘‘and such sums’’ and inserting religion, and disability.’’ to paragraph (3) of subsection (n), and only if ‘‘such sums’’; and (b) TRAINING IN LEAVE WITHOUT PAY STA- the amounts appropriated for such fiscal year (2) by inserting before the period the follow- TUS.—Section 218 of the Public Health Service pursuant to each of paragraphs (1) and (2) of ing: ‘‘, $8,000,000 for fiscal year 1998, and such Act (42 U.S.C. 218a) is amended by adding at the subsection (n) equal or exceed the amounts so sums as may be necessary for each of the fiscal end the following: appropriated for fiscal year 1997.’’; years 1999 through 2002’’. ‘‘(c) A commissioned officer may be placed in (2) in subsection (n)(1), by striking ‘‘through SEC. 303. PROJECT GRANTS FOR IMMUNIZATION leave without pay status while attending an 1998’’ and inserting ‘‘through 2003’’; and SERVICES. educational institution or training program (3) in subsection (n) Section 317(j) of the Public Health Service Act whenever the Secretary determines that such (A) in the first sentence of paragraph (2)— (42 U.S.C. 247b(j)) is amended— status is in the best interest of the Service. For (i) by striking ‘‘authorized in subsection (m)’’ (1) in paragraph (1), by striking ‘‘individuals purposes of computation of basic pay, pro- and inserting ‘‘authorized in paragraphs (1) against vaccine-preventable diseases’’ and all motion, retirement, compensation for injury or through (3) of subsection (m)’’; and that follows through the first period and insert- death, and the benefits provided by sections 212 (ii) by striking ‘‘$5,000,000’’ and all that fol- ing the following: ‘‘children, adolescents, and and 224, an officer in such status pursuant to lows through the period and inserting ‘‘such adults against vaccine-preventable diseases, the preceding sentence shall be considered as sums as may be necessary for each of the fiscal there are authorized to be appropriated such performing service in the Service and shall have years 1999 through 2003.’’; and sums as may be necessary for each of the fiscal an active service obligation as set forth in sub- (B) by adding at the end the following: years 1998 through 2002.’’; and section (b) of this section.’’. ‘‘(3) For activities authorized in subsection (2) in paragraph (2), by striking ‘‘1990’’ and (c) UTILIZATION OF ALCOHOL AND DRUG ABUSE (m)(4), there are authorized to be appropriated inserting ‘‘1997’’. RECORDS THAT APPLY TO THE ARMED FORCES.— $1,000,000 for fiscal year 1998, and such sums as TITLE IV—MISCELLANEOUS PROVISIONS Section 543(e) of the Public Health Service Act may be necessary for each of the fiscal years (42 U.S.C. 290dd–2(e)) is amended by striking 1999 through 2002.’’. SEC. 401. TECHNICAL CORRECTIONS REGARDING PUBLIC LAW 103–183. ‘‘Armed Forces’’ each place that such term ap- (c) MISCELLANEOUS AMENDMENTS.—Section (a) AMENDATORY INSTRUCTIONS.—Public Law pears and inserting ‘‘Uniformed Services’’. 1707 of the Public Health Service Act (42 U.S.C. 103–183 is amended— 300u–6) is amended— SEC. 403. CLINICAL TRAINEESHIPS. (1) in section 601— (1) in the heading for the section by striking Section 303(d)(1) of the Public Health Service (A) in subsection (b), in the matter preceding ‘‘ESTABLISHMENT OF’’; and Act (42 U.S.C. 242a(d)(1)) is amended by insert- paragraph (1), by striking ‘‘Section 1201 of the (2) in subsection (a), by striking ‘‘Office of the ing ‘‘counseling,’’ after ‘‘family therapy,’’. Public Health Service Act (42 U.S.C. 300d)’’ and Assistant Secretary for Health’’ and inserting SEC. 404. PROJECT GRANTS FOR SCREENINGS, inserting ‘‘Title XII of the Public Health Service ‘‘Office of Public Health and Science’’. REFERRALS, AND EDUCATION RE- Act (42 U.S.C. 300d et seq.)’’; and GARDING LEAD POISONING. TITLE III—SELECTED INITIATIVES (B) in subsection (f)(1), by striking ‘‘in section Section 317A(l)(1) of the Public Health Service SEC. 301. STATE OFFICES OF RURAL HEALTH. 1204(c)’’ and inserting ‘‘in section 1203(c) (as re- Act (42 U.S.C. 247b–1(l)(1)) is amended by strik- Section 338J of the Public Health Service Act designated by subsection (b)(2) of this section)’’; ing ‘‘1998’’ and inserting ‘‘2002’’. (42 U.S.C. 254r) is amended— (2) in section 602, by striking ‘‘for the pur- SEC. 405. PROJECT GRANTS FOR PREVENTIVE (1) in subsection (b)(1), in the matter preced- pose’’ and inserting ‘‘For the purpose’’; and HEALTH SERVICES REGARDING TU- ing subparagraph (A), by striking ‘‘in cash’’; (3) in section 705(b), by striking ‘‘317D((l)(1)’’ BERCULOSIS. and and inserting ‘‘317D(l)(1)’’. Section 317E(g) of the Public Health Service (2) in subsection (j)(1)— (b) PUBLIC HEALTH SERVICE ACT.—The Public Act (42 U.S.C. 247b–6(g)(1)) is amended— (A) by striking ‘‘and’’ after ‘‘1992,’’; and Health Service Act, as amended by Public Law (1) in paragraph (1)— (B) by inserting before the period the follow- 103–183 and by subsection (a) of this section, is (A) in subparagraph (A), by striking ‘‘1998’’ ing: ‘‘, and such sums as may be necessary for amended— and inserting ‘‘2002’’; and each of the fiscal years 1998 through 2002’’; and (1) in section 317E(g)(2), by striking ‘‘making (B) in subparagraph (B), by striking (3) in subsection (k), by striking ‘‘$10,000,000’’ grants under subsection (b)’’ and inserting ‘‘car- ‘‘$50,000,000’’ and inserting ‘‘25 percent’’; and and inserting ‘‘$36,000,000’’. rying out subsection (b)’’; (2) in paragraph (2), by striking ‘‘1998’’ and SEC. 302. DEMONSTRATION PROJECTS REGARD- (2) in section 318, in subsection (e) as in effect inserting ‘‘2002’’. ING ALZHEIMER’S DISEASE. on the day before the date of the enactment of SEC. 406. CDC LOAN REPAYMENT PROGRAM. (a) IN GENERAL.—Section 398(a) of the Public Public Law 103–183, by redesignating the sub- Health Service Act (42 U.S.C. 280c–3(a)) is section as subsection (f); Section 317F of the Public Health Service Act amended— (3) in subpart 6 of part C of title IV— (42 U.S.C. 247b-7) is amended— (1) in the matter preceding paragraph (1), by (A) by transferring the first section 447 (added (1) in subsection (a)(1), by striking ‘‘$20,000’’ striking ‘‘not less than 5, and not more than by section 302 of Public Law 103–183) from the and inserting ‘‘$35,000’’; 15,’’; current placement of the section; (2) in subsection (c), by striking ‘‘1998’’ and (2) in paragraph (2)— (B) by redesignating the section as section inserting ‘‘2002’’; and (A) by inserting after ‘‘disorders’’ the follow- 447A; and (3) by adding at the end the following: ing: ‘‘who are living in single family homes or in (C) by inserting the section after section 447; ‘‘(d) AVAILABILITY OF APPROPRIATIONS.— congregate settings’’; and (4) in section 1213(a)(8), by striking ‘‘provides Amounts appropriated for a fiscal year for con- (B) by striking ‘‘and’’ at the end; for for’’ and inserting ‘‘provides for’’; tracts under subsection (a) shall remain avail- (3) by redesignating paragraph (3) as para- (5) in section 1501, by redesignating the sec- able until the expiration of the second fiscal graph (4); and ond subsection (c) (added by section 101(f) of year beginning after the fiscal year for which (4) by inserting after paragraph (2) the follow- Public Law 103–183) as subsection (d); and the amounts were appropriated.’’. ing: (6) in section 1505(3), by striking ‘‘nonprofit’’. SEC. 407. COMMUNITY PROGRAMS ON DOMESTIC ‘‘(3) to improve the access of such individuals (c) MISCELLANEOUS CORRECTION.—Section VIOLENCE. to home-based or community-based long-term 401(c)(3) of Public Law 103–183 is amended in (a) IN GENERAL.—Section 318(h)(2) of the care services (subject to the services being pro- the matter preceding subparagraph (A) by strik- Family Violence Prevention and Services Act (42 vided by entities that were providing such serv- ing ‘‘(d)(5)’’ and inserting ‘‘(e)(5)’’. U.S.C. 10418(h)(2)) is amended by striking ‘‘fis- ices in the State involved as of October 1, 1995), (d) CONFORMING AMENDMENT.—Section 308(b) cal year 1997’’ and inserting ‘‘for each of the fis- particularly such individuals who are members of the Public Health Service Act (42 U.S.C. cal years 1997 through 2002’’. of racial or ethnic minority groups, who have 242m(b)) is amended— (b) STUDY.—The Secretary of Health and limited proficiency in speaking the English lan- (1) in paragraph (2)(A), by striking ‘‘306(n)’’ Human Services shall request that the Institute guage, or who live in rural areas; and’’. and inserting ‘‘306(m)’’; and of Medicine conduct a study concerning the S12528 CONGRESSIONAL RECORD — SENATE October 14, 1998 training needs of health professionals with re- SEC. 415. EMERGENCY MEDICAL SERVICES FOR mortality rate (13.3 per 1000) than children of spect to the detection and referral of victims of CHILDREN. those women who do not use alcohol (8.6 per family or acquaintance violence. Not later than Section 1910 of the Public Health Service Act 1000); 2 years after the date of enactment of this Act, (42 U.S.C. 300w–9) is amended— (5) Fetal Alcohol Syndrome and Fetal Alcohol the Institute of Medicine shall prepare and sub- (1) in subsection (a)— Effect are national problems which can impact (A) by striking ‘‘two-year period’’ and insert- mit to Congress a report concerning the study any child, family, or community, but their ing ‘‘3-year period (with an optional 4th year conducted under this subsection. threat to American Indians and Alaska Natives based on performance)’’; and SEC. 408. STATE LOAN REPAYMENT PROGRAM. is especially alarming; (B) by striking ‘‘one grant’’ and inserting ‘‘3 Section 338I(i)(1) of the Public Health Service grants’’; and (6) in some American Indian communities, Act (42 U.S.C. 254q–1(i)(1)) is amended by insert- (2) in subsection (d), by striking ‘‘1997’’ and where alcohol dependency rates reach 50 per- ing before the period ‘‘, and such sums as may inserting ‘‘2005’’. cent and above, the chances of a newborn suf- be necessary for each of the fiscal years 1998 fering Fetal Alcohol Syndrome or Fetal Alcohol through 2002’’. SEC. 416. ADMINISTRATION OF CERTAIN RE- QUIREMENTS. Effect are up to 30 times greater than national SEC. 409. AUTHORITY OF THE DIRECTOR OF NIH. (a) IN GENERAL.—Section 2004 of Public Law averages; Section 402(b) of the Public Health Service Act 103–43 (107 Stat. 209) is amended by striking sub- (7) in addition to the immeasurable toll on (42 U.S.C. 282(b)) is amended— section (a). children and their families, Fetal Alcohol Syn- (1) in paragraph (11), by striking ‘‘and’’ at (b) CONFORMING AMENDMENTS.—Section 2004 drome and Fetal Alcohol Effect pose extraor- the end thereof; of Public Law 103–43, as amended by subsection dinary financial costs to the Nation, including (2) in paragraph (12), by striking the period (a) of this section, is amended— the costs of health care, education, foster care, and inserting a semicolon; and (1) by striking ‘‘(b) SENSE’’ and all that fol- job training, and general support services for af- (3) by adding after paragraph (12), the follow- lows through ‘‘In the case’’ and inserting the fected individuals; ing new paragraphs: following: (8) the total cost to the economy of Fetal Alco- ‘‘(13) may conduct and support research ‘‘(a) SENSE OF CONGRESS REGARDING PUR- hol Syndrome was approximately $2,500,000,000 training— CHASE OF AMERICAN-MADE EQUIPMENT AND in 1995, and over a lifetime, health care costs for ‘‘(A) for which fellowship support is not pro- PRODUCTS.—In the case’’; vided under section 487; and one Fetal Alcohol Syndrome child are estimated (2) by striking ‘‘(2) NOTICE TO RECIPIENTS OF to be at least $1,400,000; ‘‘(B) which does not consist of residency ASSISTANCE’’ and inserting the following: (9) researchers have determined that the possi- training of physicians or other health profes- ‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE’’; bility of giving birth to a baby with Fetal Alco- sionals; and and ‘‘(14) may appoint physicians, dentists, and (3) in subsection (b), as redesignated by para- hol Syndrome or Fetal Alcohol Effect increases other health care professionals, subject to the graph (2) of this subsection, by striking ‘‘para- in proportion to the amount and frequency of provisions of title 5, United States Code, relating graph (1)’’ and inserting ‘‘subsection (a)’’. alcohol consumed by a pregnant woman, and to appointments and classifications in the com- (c) EFFECTIVE DATE.—This section is deemed that stopping alcohol consumption at any point petitive service, and may compensate such pro- to have taken effect immediately after the enact- in the pregnancy reduces the emotional, phys- fessionals subject to the provisions of chapter 74 ment of Public Law 103–43. ical, and mental consequences of alcohol expo- sure to the baby; and of title 38, United States Code.’’. SEC. 417. AIDS DRUG ASSISTANCE PROGRAM. SEC. 410. RAISE IN MAXIMUM LEVEL OF LOAN RE- Section 2618(b)(3) of the Public Health Service (10) though approximately 1 out of every 5 PAYMENTS. Act (42 U.S.C. 300ff–28(b)(3)) is amended— pregnant women drink alcohol during their (a) REPAYMENT PROGRAMS WITH RESPECT TO (1) in subparagraph (A), by striking ‘‘and the pregnancy, we know of no safe dose of alcohol AIDS.—Section 487A of the Public Health Serv- Commonwealth of Puerto Rico’’ and inserting ‘‘, during pregnancy, or of any safe time to drink ice Act (42 U.S.C. 288–1) is amended— the Commonwealth of Puerto Rico, the Virgin during pregnancy, thus, it is in the best interest (1) in subsection (a), by striking ‘‘$20,000’’ and Islands, and Guam’’; and of the Nation for the Federal Government to inserting ‘‘$35,000’’; and (2) in subparagraph (B), by striking ‘‘the Vir- take an active role in encouraging all women to (2) in subsection (c), by striking ‘‘1996’’ and gin Islands, Guam’’. abstain from alcohol consumption during preg- inserting ‘‘2001’’. SEC. 418. NATIONAL FOUNDATION FOR BIO- nancy. (b) REPAYMENT PROGRAMS WITH RESPECT TO MEDICAL RESEARCH. (c) PURPOSE.—It is the purpose of this section CONTRACEPTION AND INFERTILITY.—Section Part I of title IV of the Public Health Service to establish, within the Department of Health 487B(a) of the Public Health Service Act (42 Act (42 U.S.C. 290b et seq.) is amended— and Human Services, a comprehensive program U.S.C. 288–2(a)) is amended by striking (1) by striking the part heading and inserting to help prevent Fetal Alcohol Syndrome and ‘‘$20,000’’ and inserting ‘‘$35,000’’. the following: Fetal Alcohol Effect nationwide and to provide (c) REPAYMENT PROGRAMS WITH RESPECT TO ‘‘PART I—FOUNDATION FOR THE effective intervention programs and services for RESEARCH GENERALLY.—Section 487C(a)(1) of NATIONAL INSTITUTES OF HEALTH’’; children, adolescents and adults already af- the Public Health Service Act (42 U.S.C. 288– fected by these conditions. Such program shall— 3(a)(1)) is amended by striking ‘‘$20,000’’ and in- and (1) coordinate, support, and conduct national, serting ‘‘$35,000’’. (2) in section 499— State, and community-based public awareness, (d) REPAYMENT PROGRAMS WITH RESPECT TO (A) in subsection (a), by striking ‘‘National prevention, and education programs on Fetal CLINICAL RESEARCHERS FROM DISADVANTAGED Foundation for Biomedical Research’’ and in- Alcohol Syndrome and Fetal Alcohol Effect; BACKGROUNDS.—Section 487E(a) of the Public serting ‘‘Foundation for the National Institutes Health Service Act (42 U.S.C. 288–5(a)) is of Health’’; (2) coordinate, support, and conduct preven- amended— (B) in subsection (k)(10)— tion and intervention studies as well as epi- (1) in paragraph (1), by striking ‘‘$20,000’’ and (i) by striking ‘‘not’’; and demiologic research concerning Fetal Alcohol (ii) by adding at the end the following: ‘‘Any inserting ‘‘$35,000’’; and Syndrome and Fetal Alcohol Effect; (2) in paragraph (3), by striking ‘‘338C’’ and funds transferred under this paragraph shall be (3) coordinate, support and conduct research inserting ‘‘338B, 338C’’. subject to all Federal limitations relating to Fed- and demonstration projects to develop effective erally-funded research.’’; and developmental and behavioral interventions and SEC. 411. CONSTRUCTION OF REGIONAL CENTERS (C) in subsection (m)(1), by striking ‘‘$200,000’’ FOR RESEARCH ON PRIMATES. programs that foster effective advocacy, edu- and all that follows through ‘‘1995’’ and insert- Section 481B(a) of the Public Health Service cational and vocational training, appropriate ing ‘‘$500,000 for each fiscal year’’. Act (42 U.S.C. 287a–3(a)) is amended— therapies, counseling, medical and mental (1) by striking ‘‘shall’’ and inserting ‘‘may’’; SEC. 419. FETAL ALCOHOL SYNDROME PREVEN- health, and other supportive services, as well as and TION AND SERVICES. models that integrate or coordinate such serv- (2) by striking ‘‘$5,000,000’’ and inserting ‘‘up (a) SHORT TITLE.—This section may be cited ices, aimed at the unique challenges facing indi- to $2,500,000’’. as the ‘‘Fetal Alcohol Syndrome and Fetal Alco- viduals with Fetal Alcohol Syndrome or Fetal hol Effect Prevention and Services Act’’. SEC. 412. PEER REVIEW. Alcohol Effect and their families; and (b) FINDINGS.—Congress finds that— Section 504(d)(2) of the Public Health Service (1) Fetal Alcohol Syndrome is the leading pre- (4) foster coordination among all Federal, Act (42 U.S.C. 290aa–3(d)(2)) is amended by ventable cause of mental retardation, and it is State and local agencies, and promote partner- striking ‘‘cooperative agreement, or contract’’ 100 percent preventable; ships between research institutions and commu- each place that such appears and inserting ‘‘or (2) estimates on the number of children each nities that conduct or support Fetal Alcohol cooperative agreement’’. year vary, but according to some researchers, up Syndrome and Fetal Alcohol Effect research, SEC. 413. FUNDING FOR TRAUMA CARE. to 12,000 infants are born in the United States programs, surveillance, prevention, and inter- Section 1232(a) of the Public Health Service with Fetal Alcohol Syndrome, suffering irrevers- ventions and otherwise meet the general needs Act (42 U.S.C. 300d–32) is amended by striking ible physical and mental damage; of populations already affected or at risk of ‘‘and 1996’’ and inserting ‘‘through 2002’’. (3) thousands more infants are born each year being impacted by Fetal Alcohol Syndrome and SEC. 414. HEALTH INFORMATION AND HEALTH with Fetal Alcohol Effect, also known as Alco- Fetal Alcohol Effect. PROMOTION. hol Related Neurobehavioral Disorder (ARND), (d) ESTABLISHMENT OF PROGRAM.—Title III of Section 1701(b) of the Public Health Service a related and equally tragic syndrome; the Public Health Service Act (42 U.S.C. 241 et Act (42 U.S.C. 300u(b)) is amended by striking (4) children of women who use alcohol while seq.) is amended by adding at the end the fol- ‘‘through 1996’’ and inserting ‘‘through 2002’’. pregnant have a significantly higher infant lowing: October 14, 1998 CONGRESSIONAL RECORD — SENATE S12529 ‘‘PART O—FETAL ALCOHOL SYNDROME ‘‘(B) include the Chairperson of the Inter- then be read a third time and passed, PREVENTION AND SERVICES PROGRAM agency Coordinating Committee on Fetal Alco- the motion to reconsider be laid upon ‘‘SEC. 399G. ESTABLISHMENT OF FETAL ALCOHOL hol Syndrome of the Department of Health and the table, and the statements relating SYNDROME PREVENTION AND SERV- Human Services, individuals with Fetal Alcohol to the bill be printed in the RECORD, ICES PROGRAM. Syndrome and Fetal Alcohol Effect, and rep- ‘‘(a) FETAL ALCOHOL SYNDROME PREVENTION, resentatives from advocacy and research organi- with the above occurring en bloc. INTERVENTION AND SERVICES DELIVERY PRO- zation such as the Research Society on Alcohol- The PRESIDING OFFICER. Without GRAM.—The Secretary shall establish a com- ism, the FAS Family Resource Institute, the Na- objection, it is so ordered. prehensive Fetal Alcohol Syndrome and Fetal tional Organization of Fetal Alcohol Syndrome, f Alcohol Effect prevention, intervention and the Arc, the academic community, and Federal, services delivery program that shall include— State and local government agencies and offices. EL CAMINO REAL DE TIERRA ‘‘(1) an education and public awareness pro- ‘‘(3) FUNCTIONS.—The Task Force shall— ADENTRO NATIONAL HISTORIC gram to support, conduct, and evaluate the ef- ‘‘(A) advise Federal, State and local programs TRAIL ACT fectiveness of— and research concerning Fetal Alcohol Syn- The bill (S. 2039) to amend the Na- ‘‘(A) educational programs targeting medical drome and Fetal Alcohol Effect, including pro- schools, social and other supportive services, grams and research concerning education and tional Trails System Act to designate educators and counselors and other service pro- public awareness for relevant service providers, El Camino Real de Tierra Adentro as a viders in all phases of childhood development, school-age children, women at-risk, and the National Historic Trail, was consid- and other relevant service providers, concerning general public, medical diagnosis, interventions ered, ordered to be engrossed for a the prevention, identification, and provision of for women at-risk of giving birth to children third reading, read the third time, and services for children, adolescents and adults with Fetal Alcohol Syndrome and Fetal Alcohol with Fetal Alcohol Syndrome and Fetal Alcohol passed; as follows: Effect, and beneficial services for individuals Effect; S. 2039 with Fetal Alcohol Syndrome and Fetal Alcohol ‘‘(B) strategies to educate school-age children, Effect and their families; Be it enacted by the Senate and House of Rep- including pregnant and high risk youth, con- ‘‘(B) coordinate its efforts with the Inter- resentatives of the United States of America in cerning Fetal Alcohol Syndrome and Fetal Alco- agency Coordinating Committee on Fetal Alco- Congress assembled, hol Effect; SECTION 1. SHORT TITLE. ‘‘(C) public and community awareness pro- hol Syndrome of the Department of Health and This Act may be cited as the ‘‘El Camino grams concerning Fetal Alcohol Syndrome and Human Services; and Real de Tierra Adentro National Historic Fetal Alcohol Effect; and ‘‘(C) report on a biennial basis to the Sec- ‘‘(D) strategies to coordinate information and retary and relevant committees of Congress on Trail Act’’. services across affected community agencies, in- the current and planned activities of the partici- SEC. 2. FINDINGS. cluding agencies providing social services such pating agencies. Congress finds that— as foster care, adoption, and social work, medi- ‘‘(4) TIME FOR APPOINTMENT.—The members of (1) El Camino Real de Tierra Adentro (the cal and mental health services, and agencies in- the Task Force shall be appointed by the Sec- Royal Road of the Interior), served as the volved in education, vocational training and retary not later than 6 months after the date of primary route between the colonial Spanish civil and criminal justice; enactment of this part. capital of Mexico City and the Spanish pro- ‘‘(2) a prevention and diagnosis program to ‘‘SEC. 399H. ELIGIBILITY. vincial capitals at San Juan de Los Cabal- support clinical studies, demonstrations and ‘‘To be eligible to receive a grant, or enter into leros (1598–1600), San Gabriel (1600-1609) and other research as appropriate to— a cooperative agreement or contract under this Santa Fe (1610–1821); ‘‘(A) develop appropriate medical diagnostic part, an entity shall— (2) the portion of El Camino Real in what methods for identifying Fetal Alcohol Syndrome ‘‘(1) be a State, Indian tribal government, is now the United States extended between and Fetal Alcohol Effect; and local government, scientific or academic institu- El Paso, Texas, and present San Juan Pueb- ‘‘(B) develop effective prevention services and tion, or nonprofit organization; and lo, New Mexico, a distance of 404 miles; interventions for pregnant, alcohol-dependent ‘‘(2) prepare and submit to the Secretary an (3) El Camino Real is a symbol of the cul- women; and application at such time, in such manner, and tural interaction between nations and ethnic ‘‘(3) an applied research program concerning containing such information as the Secretary groups and of the commercial exchange that intervention and prevention to support and con- may prescribe, including a description of the ac- made possible the development and growth duct service demonstration projects, clinical tivities that the entity intends to carry out using of the borderland; studies and other research models providing ad- amounts received under this part. (4) American Indian groups, especially the vocacy, educational and vocational training, Pueblo Indians of the Rio Grande, developed counseling, medical and mental health, and ‘‘SEC. 399I. AUTHORIZATION OF APPROPRIA- TIONS. trails for trade long before Europeans ar- other supportive services, as well as models that ‘‘(a) IN GENERAL.—There are authorized to be rived; integrate and coordinate such services, that are appropriated to carry out this part, $27,000,000 (5) in 1598, Juan de On˜ ate led a Spanish aimed at the unique challenges facing individ- for each of the fiscal years 1999 through 2003. military expedition along those trails to es- uals with Fetal Alcohol Syndrome or Fetal Alco- ‘‘(b) TASK FORCE.—From amounts appropriate tablish the northern portion of El Camino hol Effect and their families. for a fiscal year under subsection (a), the Sec- Real; ‘‘(b) GRANTS AND TECHNICAL ASSISTANCE.— retary may use not to exceed $2,000,000 of such (6) during the Mexican National Period and The Secretary may award grants, cooperative part of the United States Territorial Period, agreements and contracts and provide technical amounts for the operations of the National Task Force under section 399G(d). El Camino Real facilitated the emigration of assistance to eligible entities described in section people to New Mexico and other areas that ‘‘SEC. 399J. SUNSET PROVISION. 399H to carry out subsection (a). were to become part of the United States; ‘‘(c) DISSEMINATION OF CRITERIA.—In carry- ‘‘This part shall not apply on the date that is (7) the exploration, conquest, colonization, ing out this section, the Secretary shall develop 7 years after the date on which all members of settlement, religious conversion, and mili- a procedure for disseminating the Fetal Alcohol the national task force have been appointed tary occupation of a large area of the border- Syndrome and Fetal Alcohol Effect diagnostic under section 399G(d)(1).’’. land was made possible by El Camino Real, criteria developed pursuant to section 705 of the Mr. THOMAS. Mr. President, I ask the historical period of which extended from ADAMHA Reorganization Act (42 U.S.C. 485n unanimous consent that the Senate 1598 to 1882; note) to health care providers, educators, social (8) American Indians, European emigrants, workers, child welfare workers, and other indi- agree to the amendment of the House. The PRESIDING OFFICER. Without miners, ranchers, soldiers, and missionaries viduals. used El Camino Real during the historic de- ‘‘(d) NATIONAL TASK FORCE.— objection, it is so ordered. velopment of the borderland, promoting cul- ‘‘(1) IN GENERAL.—The Secretary shall estab- f lish a task force to be known as the National tural interaction among Spaniards, other task force on Fetal Alcohol Syndrome and Fetal THE CALENDAR Europeans, American Indians, Mexicans, and Americans; and Alcohol Effect (referred to in this subsection as Mr. THOMAS. Mr. President, I ask the ‘task force’) to foster coordination among all (9) El Camino Real fostered the spread of governmental agencies, academic bodies and unanimous consent that the Senate Catholicism, mining, an extensive network community groups that conduct or support Fetal proceed en bloc to the immediate con- of commerce, and ethnic and cultural tradi- Alcohol Syndrome and Fetal Alcohol Effect re- sideration of the following bills: S. tions including music, folklore, medicine, search, programs, and surveillance, and other- 2039, S. 2276 and H.R. 3687. foods, architecture, language, place names, wise meet the general needs of populations actu- The PRESIDING OFFICER. Without irrigation systems, and Spanish law. ally or potentially impacted by Fetal Alcohol objection, it is so ordered. SEC. 3. AUTHORIZATION AND ADMINISTRATION. Syndrome and Fetal Alcohol Effect. Mr. THOMAS. Mr. President, I fur- Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended— ‘‘(2) MEMBERSHIP.—The Task Force estab- ther ask unanimous consent that the lished pursuant to paragraph (1) shall— (1) by designating the paragraphs relating ‘‘(A) be chaired by an individual to be ap- committee amendments to S. 2276 be to the California National Historic Trail, the pointed by the Secretary and staffed by the Ad- agreed to, the committee amendment Pony Express National Historic Trail, and ministration; and to H.R. 3687 not be agreed to, the bills the Selma to Montgomery National Historic S12530 CONGRESSIONAL RECORD — SENATE October 14, 1998 Trail as paragraphs (18), (19), and (20), respec- (2) the seventeenth, eighteenth, and early cational programs, providing technical as- tively; and nineteenth century rivalries among the Eu- sistance, and working to establish an inter- (2) by adding at the end the following: ropean colonial powers of Spain, France, and national historic trail with complementary ‘‘(21) EL CAMINO REAL DE TIERRA ADENTRO.— England and after their independence, Mex- preservation and education programs in each ‘‘(A) IN GENERAL.—El Camino Real de Tier- ico and the United States, for dominion over nation.’’. ra Adentro (the Royal Road of the Interior) lands fronting the Gulf of Mexico, were The Committee amendments were National Historic Trail, a 404 mile long trail played out along the evolving travel routes agreed to. from the Rio Grande near El Paso, Texas to in this immense area; San Juan Pueblo, New Mexico, as generally (3) the future of several American Indian The bill (S. 2276), as amended, was depicted on the maps entitled ‘United States nations, whose prehistoric trails were later passed. Route: El Camino Real de Tierra Adentro’, used by the Spaniards for exploration and f contained in the report prepared pursuant to colonization, was tied to these larger forces subsection (b) entitled ‘National Historic and events and the nations were fully in- CANADIAN RIVER PROJECT Trail Feasibility Study and Environmental volved in and affected by the complex cul- PREPAYMENT ACT Assessment: El Camino Real de Tierra tural interactions that ensued; The Senate proceeded to consider the Adentro, Texas-New Mexico’, dated March (4) the Old San Antonio Road was a series bill (H.R. 3687) to authorize prepay- 1997. of routes established in the early 19th cen- ment of amounts due under a water ‘‘(B) MAP.—A map generally depicting the tury sharing the same corridor and some reclamation project contract for the trail shall be on file and available for public routes of El Camino Real, and carried Amer- inspection in the Office of the National Park ican immigrants from the east, contributing Canadian River Project, Texas, which Service, Department of the Interior. to the formation of the Republic of Texas, had been reported from the Committee ‘‘(C) ADMINISTRATION.—The trail shall be and its annexation to the United States; on Energy and Natural Resources, with administered by the Secretary of the Inte- (5) the exploration, conquest, colonization, an amendment on page 4 to strike rior. settlement, migration, military occupation, ‘‘shall have the right’’ and insert in ‘‘(D) LAND ACQUISITION.—No land or inter- religious conversion, and cultural exchange lieu thereof ‘‘may be permitted’’, as est in land outside the exterior boundaries of that occurred in a large area of the border- follows: any federally administered area may be ac- land was facilitated by El Camino Real de los quired by the United States for the trail ex- Tejas as it carried Spanish and Mexican in- H.R. 3687 cept with the consent of the owner of the fluences northeastward, and by its successor, Be it enacted by the Senate and House of Rep- land or interest in land. the Old San Antonio Road, which carried resentatives of the United States of America in ‘‘(E) VOLUNTEER GROUPS; CONSULTATION.— American influence westward, during a his- Congress assembled, The Secretary of the Interior shall— toric period which extended from 1689 to 1850; SECTION 1. SHORT TITLE. ‘‘(i) encourage volunteer trail groups to and This Act may be cited as the ‘‘Canadian participate in the development and mainte- (6) the portions of El Camino Real de los River Project Prepayment Act’’. nance of the trail; and Tejas in what is now the United States ex- SEC. 2. DEFINITIONS. ‘‘(ii) consult with affected Federal, State, tended from the Rio Grande near Eagle Pass For the purposes of this Act: and tribal agencies in the administration of and øLoredo¿ Laredo, Texas and involved (1) The term ‘‘Authority’’ means the Cana- the trail. routes that changed through time, that total dian River Municipal Water Authority, a ‘‘(F) COORDINATION OF ACTIVITIES.—The almost 2,600 miles in combined length, gen- conservation and reclamation district of the Secretary of the Interior may coordinate erally coursing northeasterly through San State of Texas. with United States and Mexican public and Antonio, Bastrop, Nacogdoches, and San Au- (2) The term ‘‘Canadian River Project Au- non-governmental organizations, academic gustine in Texas to Natchitoches, Louisiana, thorization Act’’ means the Act entitled ‘‘An institutions, and, in consultation with the a general corridor distance of 550 miles. Act to authorize the construction, operation, Secretary of State, the government of Mex- SEC. 3. AUTHORIZATION AND ADMINISTRATION. and maintenance by the Secretary of the In- ico and its political subdivisions, for the pur- Section 5(a) of the National Trails System terior of the Canadian River reclamation pose of exchanging trail information and re- Act (16 U.S.C. 1244(a) is amended— project, Texas’’, approved December 29, 1950 search, fostering trail preservation and edu- (1) by designating the paragraphs relating (chapter 1183; 64 Stat. 1124). cational programs, providing technical as- to the California National Historic Trail, the (3) The term ‘‘Project’’ means all of the sistance, and working to establish an inter- Pony Express National Historic Trail, and right, title and interest in and to all land national historic trail with complementary the Selma to Montgomery National Historic and improvements comprising the pipeline preservation and education programs in each Trail as paragraphs (18), (19), and (20), respec- and related facilities of the Canadian River nation.’’. tively; and Project authorized by the Canadian River f (2) by adding at the end the following: Project Authorization Act. ‘‘ (21) (22) EL CAMINO REAL DE LOS TEJAS.— (4) The term ‘‘Secretary’’ means the Sec- EL CAMINO REAL DE LOS TEJAS ø ¿ ‘‘(A) IN GENERAL.—El Camino Real de los retary of the Interior. NATIONAL HISTORIC TRAIL ACT Tejas (The Royal Road to the Tejas) Na- SEC. 3. PREPAYMENT AND CONVEYANCE OF OF 1998 tional Historic Trail, a combination of PROJECT. The Senate proceeded to consider the routes totaling 2,580 miles in length from the (a) IN GENERAL.—(1) In consideration of the bill (S. 2276) to amend the National Rio Grande near Eagle Pass and Laredo, Authority accepting the obligation of the Trails System Act to designate El Ca- Texas to Natchitoches, Louisiana, and in- Federal Government for the Project and sub- cluding the Old San Antonio Road, as gen- ject to the payment by the Authority of the mino Real de los Tejas as a National erally depicted on the maps entitled ‘El Ca- applicable amount under paragraph (2) with- Historic Trail, which had been reported mino Real de los Tejas’, contained in the re- in the 360-day period beginning on the date from the Committee on Energy and port prepared pursuant to subsection (b) en- of the enactment of this Act, the Secretary Natural Resources, with amendments; titled ‘National Historic Trail Feasibility shall convey the Project to the Authority, as as follows: Study and Environmental Assessment: El provided in section 2(c)(3) of the Canadian (The parts of the bill intended to be Camino Real de los Tejas, Texas-Louisiana’, River Project Authorization Act (64 Stat. stricken are shown in boldface brack- dated øl 1998¿ July 1998. A map generally de- 1124). ets and the parts of the bill intended to picting the trail shall be on file and avail- (2) For purposes of paragraph (1), the appli- be inserted are shown in italic.) able for public inspection in the Office of the cable amount shall be— National Park Service, Department of the (A) $34,806,731, if payment is made by the S. 2276 Interior. The trail shall be administered by Authority within the 270-day period begin- Be it enacted by the Senate and House of Rep- the Secretary of the Interior. No land or in- ning on the date of enactment of this Act; or resentatives of the United States of America in terest in land outside the exterior bound- (B) the amount specified in subparagraph Congress assembled, aries of any federally administered area may (A) adjusted to include interest on that SECTION 1. SHORT TITLE. be acquired by the United States for the trail amount since the date of the enactment of This Act may be cited as the ‘‘El Camino except with the consent of the owner of the this Act at the appropriate Treasury bill Real de los Tejas National Historic Trail Act land or interest in land. rate for an equivalent term, if payment is of 1998’’. ‘‘(B) COORDINATION OF ACTIVITIES.—The made by the Authority after the period re- SEC. 2. FINDINGS. Secretary of the Interior may coordinate ferred to in subparagraph (A). Congress finds that— with United States and Mexican public and (3) If payment under paragraph (1) is not (1) El Camino Real de los Tejas (the Royal non-governmental organizations, academic made by the Authority within the period Road to the Tejas), served as the primary institutions, and, in consultation with the specified in paragraph (1), this Act shall have route between the Spanish viceregal capital Secretary of State, the government of Mex- no force or effect. of Mexico City and the Spanish provincial ico and its political subdivisions, for the pur- (b) FINANCING.—Nothing in this Act shall capital of Tejas at Los Adaes (1721–1773) and pose of exchanging trail information and re- be construed to affect the right of the Au- San Antonio (1773–1821); search, fostering trail preservation and edu- thority to use a particular type of financing. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12531 SEC. 4. RELATIONSHIP TO EXISTING OPER- sage from the House of Representatives sources, including ancient pottery, arrowheads, ATIONS. on the bill (S. 1718) to amend the Weir and rock homes constructed centuries ago. (a) IN GENERAL.—Nothing in this Act shall Farm National Historic Site Establish- (3) These lands, while comprising only ap- be construed as significantly expanding or proximately 3,800 acres, control access to over otherwise changing the use or operation of ment Act of 1990 to authorize the ac- 75,000 acres of Federal lands under the jurisdic- the Project from its current use and oper- quisition of additional acreage for the tion of the Bureau of Land Management. ation. historic site to permit the development (4) Acquisition of the Wilcox Ranch would (b) FUTURE ALTERATIONS.—If the Authority of visitor and administrative facilities benefit the people of the United States by pre- alters the operations or uses of the Project it and to authorize the appropriation of serving and enhancing important wildlife habi- shall comply with all applicable laws or reg- additional amounts for the acquisition tat, ensuring access to lands of the Bureau of ulations governing such alteration at that of real and personal property. Land Management, and protecting priceless ar- time. cheological and cultural resources. (c) RECREATION.—The Secretary of the In- The PRESIDING OFFICER laid be- (5) These lands, if acquired by the United terior, acting through the National Park fore the Senate the following message States, can be managed by the Utah Division of Service, shall continue to operate the Lake from the House of Representatives: Wildlife Resources at no additional expense to Meredith National Recreation Area at Lake Resolved, That the bill from the Senate (S. the Federal Government. Meredith. 1718) entitled ‘‘An Act to amend the Weir (b) ACQUISITION OF LANDS.—As soon as prac- (d) FLOOD CONTROL.—The Secretary of the Farm National Historic Site Establishment ticable, after the date of the enactment of this Army, acting through the Corps of Engi- Act of 1990 to authorize the acquisition of ad- Act, the Secretary of the Interior shall acquire, neers, shall continue to prescribe regulations ditional acreage for the historic site to per- through purchase, the Wilcox Ranch located in for the use of storage allocated to flood con- mit the development of visitor and adminis- Emery County, in eastern Utah. trol at Lake Meredith as prescribed in the trative facilities and to authorize the appro- (c) FUNDS FOR PURCHASE.—The Secretary of Letter of Understanding entered into be- priation of additional amounts for the acqui- the Interior is authorized to use not more than tween the Corps, the Bureau of Reclamation, sition of real and personal property’’, do pass $5,000,000 from the land and water conservation and the Authority in March and May 1980. with the following amendments: fund established under section 2 of the Land (e) SANFORD DAM PROPERTY.—The Author- Strike out all after the enacting clause and and Water Conservation Fund Act of 1965 (16 ity øshall have the right¿ may be permitted to insert: U.S.C. 460l–5) for the purchase of the Wilcox occupy and use without payment of lease or SECTION 1. WEIR FARM NATIONAL HISTORIC Ranch under subsection (b). rental charges or license or use fees the prop- SITE, CONNECTICUT. (d) MANAGEMENT OF LANDS.—Upon payment erty retained by the Bureau of Reclamation (a) ACQUISITION OF LAND FOR VISITOR AND by the State of Utah of one-half of the purchase at Sanford Dam and all buildings con- ADMINISTRATIVE FACILITIES.—Section 4 of the price of the Wilcox Ranch to the United States, structed by the United States thereon for Weir Farm National Historic Site Establishment or transfer by the State of Utah of lands of the use as the Authority’s headquarters and Act of 1990 (16 U.S.C. 461 note; Public Law 101– same such value to the United States, the Sec- maintenance facility. Buildings constructed 485; 104 Stat. 1171) is amended by adding at the retary of the Interior shall transfer to the State by the Authority on such property, or past end the following: of Utah all right, title, and interest of the and future additions to Government con- ‘‘(d) ACQUISITION OF LAND FOR VISITOR AND United States in and to those Wilcox Ranch structed buildings, shall be allowed to re- ADMINISTRATIVE FACILITIES; LIMITATIONS.— lands acquired under subsection (b) for manage- main on the property. The Authority shall ‘‘(1) ACQUISITION.— ment by the State Division of Wildlife Resources operate and maintain such property and fa- ‘‘(A) IN GENERAL.—To preserve and maintain for wildlife habitat and public access. cilities without cost to the United States. the historic setting and character of the historic SEC. 3. LAND CONVEYANCE, YAVAPAI COUNTY, SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT site, the Secretary may acquire not more than 15 ARIZONA. OBLIGATIONS. additional acres for the development of visitor (a) CONVEYANCE REQUIRED.—Notwithstanding (a) PAYMENT OBLIGATIONS EXTINGUISHED.— and administrative facilities for the historic site. any other provision of law, the Secretary of the Provision of consideration by the Authority ‘‘(B) PROXIMITY.—The property acquired Interior shall convey, without consideration and in accordance with section 3(b) shall extin- under this subsection shall be contiguous to or for educational related purposes, to Embry-Rid- guish all payment obligations under contract in close proximity to the property described in dle Aeronautical University, Florida, a non- numbered 14–06–500–485 between the Author- subsection (b). profit corporation authorized to do business in ity and the Secretary. ‘‘(C) MANAGEMENT.—The acquired property the State of Arizona, all right, title, and interest (b) OPERATION AND MAINTENANCE COSTS.— shall be included within the boundary of the of the United States, if any, to a parcel of real After completion of the conveyance provided historic site and shall be managed and main- property consisting of approximately 16 acres in for in section 3, the Authority shall have full tained as part of the historic site. Yavapai County, Arizona, which is more fully responsibility for the cost of operation and ‘‘(2) DEVELOPMENT.—The Secretary shall keep described as the parcel lying east of the east maintenance of Sanford Dam, and shall con- development of the property acquired under right-of-way boundary of the Willow Creek tinue to have full responsibility for oper- paragraph (1) to a minimum so that the char- Road in the southwest one-quarter of the south- ation and maintenance of the Project pipe- acter of the acquired property will be similar to west one-quarter (SW1⁄4SW1⁄4) of section 2, town- line and related facilities. the natural and undeveloped landscape of the ship 14 north, range 2 west, Gila and Salt River (c) GENERAL.—Rights and obligations property described in subsection (b). meridian. under the existing contract No. 14–06–500–485 ‘‘(3) AGREEMENTS.—Prior to and as a pre- (b) TERMS OF CONVEYANCE.—Subject to the between the Authority and the United requisite to any development of visitor and ad- limitation that the land to be conveyed is to be States, other than provisions regarding re- ministrative facilities on the property acquired used only for educational related purposes, the payment of construction charge obligation under paragraph (1), the Secretary shall enter conveyance under subsection (a) is to be made by the Authority and provisions relating to into 1 or more agreements with the appropriate without any other conditions, limitations, res- the Project aqueduct, shall remain in full zoning authority of the town of Ridgefield, Con- ervations, restrictions, or terms by the United force and effect for the remaining term of necticut, and the town of Wilton, Connecticut, States. If the Secretary of the Interior deter- the contract. for the purposes of— mines that the conveyed lands are not being SEC. 6. RELATIONSHIP TO OTHER LAWS. ‘‘(A) developing the parking, visitor, and ad- used for educational related purposes, at the op- Upon conveyance of the Project under this ministrative facilities for the historic site; and tion of the United States, the lands shall revert Act, the Reclamation Act of 1902 (82 Stat. ‘‘(B) managing bus traffic to the historic site to the United States. 388) and all Acts amendatory thereof or sup- and limiting parking for large tour buses to an SEC. 4. LAND EXCHANGE, EL PORTAL ADMINIS- plemental thereto shall not apply to the offsite location.’’. TRATIVE SITE, CALIFORNIA. Project. (b) INCREASE IN MAXIMUM ACQUISITION AU- (a) AUTHORIZATION OF EXCHANGE.—If the SEC. 7. LIABILITY. THORITY.—Section 7 of the Weir Farm National non-Federal lands described in subsection (b) Except as otherwise provided by law, effec- Historic Site Act of 1990 (16 U.S.C. 461 note; are conveyed to the United States in accordance tive on the date of conveyance of the Project Public Law 101–485; 104 Stat. 1173) is amended with this section, the Secretary of the Interior under this Act, the United States shall not by striking ‘‘$1,500,000’’ and inserting shall convey to the party conveying the non- be liable under any law for damages of any ‘‘$4,000,000’’. Federal lands all right, title, and interest of the kind arising out of any act, omission, or oc- SEC. 2. ACQUISITION AND MANAGEMENT OF United States in and to a parcel of land consist- currence relating to the conveyed property. WILCOX RANCH, UTAH, FOR WILD- ing of approximately 8 acres administered by the The Committee amendment was re- LIFE HABITAT. Department of Interior as part of the El Portal jected. (a) FINDINGS.—Congress finds the following: Administrative Site in the State of California, as The bill (H.R. 3687) was passed. (1) The lands within the Wilcox Ranch in generally depicted on the map entitled ‘‘El Por- eastern Utah are prime habitat for wild turkeys, tal Administrative Site Land Exchange’’, dated f eagles, hawks, bears, cougars, elk, deer, bighorn June 1998. WEIR FARM NATIONAL HISTORIC sheep, and many other important species, and (b) RECEIPT OF NON-FEDERAL LANDS.—The SITE Range Creek within the Wilcox Ranch could be- parcel of non-Federal lands referred to in sub- come a blue ribbon trout stream. section (a) consists of approximately 8 acres, Mr. THOMAS. Mr. President, I ask (2) These lands also contain a great deal of known as the Yosemite View parcel, which is lo- the Chair lay before the Senate a mes- undisturbed cultural and archeological re- cated adjacent to the El Portal Administrative S12532 CONGRESSIONAL RECORD — SENATE October 14, 1998 Site, as generally depicted on the map referred (4) the Lower East Side Tenement at 97 Or- SEC. 104. MANAGEMENT OF THE HISTORIC SITE. to in subsection (a). Title to the non-Federal chard Street in New York City is an outstanding (a) COOPERATIVE AGREEMENT.—The Secretary lands must be acceptable to the Secretary of the survivor of the vast number of humble buildings may enter into a cooperative agreement with the Interior, and the conveyance shall be subject to that housed immigrants to New York City dur- Museum to ensure the marking, interpretation, such valid existing rights of record as may be ing the greatest wave of immigration in Amer- and preservation of the national historic site acceptable to the Secretary. The parcel shall ican history; designated by section 103(a). conform with the title approval standards appli- (5) the Lower East Side Tenement is owned (b) TECHNICAL AND FINANCIAL ASSISTANCE.— cable to Federal land acquisitions. and operated as a museum by the Lower East The Secretary may provide technical and finan- (c) EQUALIZATION OF VALUES.—If the value of Side Tenement Museum; cial assistance to the Museum to mark, inter- the Federal land and non-Federal lands to be (6) the Lower East Side Tenement Museum is pret, and preserve the historic site, including exchanged under this section are not equal in dedicated to interpreting immigrant life within a making preservation-related capital improve- value, the difference in value shall be equalized neighborhood long associated with the immi- ments and repairs. through a cash payment or the provision of grant experience in the United States, New York (c) GENERAL MANAGEMENT PLAN.— goods or services as agreed upon by the Sec- City’s Lower East Side, and its importance to (1) IN GENERAL.—The Secretary, in consulta- retary and the party conveying the non-Federal United States history; and tion with the Museum, shall develop a general lands. (7)(A) the Director of the National Park Serv- management plan for the historic site that de- (d) APPLICABILITY OF OTHER LAWS.—Except ice found the Lower East Side Tenement at 97 fines the role and responsibility of the Secretary as otherwise provided in this section, the Sec- Orchard Street to be nationally significant; and with regard to the interpretation and the preser- retary of the Interior shall process the land ex- (B) the Secretary of the Interior declared the vation of the historic site. change authorized by this section in the manner Lower East Side Tenement a National Historic (2) INTEGRATION WITH NATIONAL MONU- provided in part 2200 of title 43, Code of Federal Landmark on April 19, 1994; and MENTS.—The plan shall outline how interpreta- Regulations, as in effect on the date of the en- (C) the Director of the National Park Service, tion and programming for the historic site shall actment of this subtitle. through a special resource study, found the be integrated and coordinated with the Statue (e) BOUNDARY ADJUSTMENT.—Upon comple- Lower East Side Tenement suitable and feasible of Liberty National Monument, Ellis Island Na- tion of the land exchange, the Secretary shall for inclusion in the National Park System. tional Monument, and Castle Clinton National adjust the boundaries of the El Portal Adminis- (b) PURPOSES.—The purposes of this title Monument to enhance the story of the historic trative Site as necessary to reflect the exchange. are— site and these National Monuments. Lands acquired by the Secretary under this sec- (1) to ensure the preservation, maintenance, (3) COMPLETION.—The plan shall be completed tion shall be administered as part of the El Por- and interpretation of this site and to interpret not later than 2 years after the date of enact- tal Administrative Site. at the site the themes of immigration, tenement ment of this Act. (d) LIMITED ROLE OF SECRETARY.—Nothing in (f) MAP.—The map referred to in subsection life in the latter half of the 19th century and the this title authorizes the Secretary to acquire the (a) shall be on file and available for inspection first half of the 20th century, the housing re- property at 97 Orchard Street or to assume over- in appropriate offices of the Department of the form movement, and tenement architecture in all financial responsibility for the operation, Interior. the United States; (g) ADDITIONAL TERMS AND CONDITIONS.—The (2) to ensure continued interpretation of the maintenance, or management of the historic Secretary of the Interior may require such addi- nationally significant immigrant phenomenon site. tional terms and conditions in connection with associated with New York City’s Lower East SEC. 105. AUTHORIZATION OF APPROPRIATIONS. the land exchange under this section as the Sec- Side and the Lower East Side’s role in the his- There are authorized to be appropriated such retary considers appropriate to protect the inter- tory of immigration to the United States; and sums as are necessary to carry out this title. ests of the United States. (3) to enhance the interpretation of the Castle TITLE II—OTHER MATTERS Mr. THOMAS. Mr. President, I ask Clinton, Ellis Island, and Statue of Liberty Na- SEC. 201. CASA MALPAIS NATIONAL HISTORIC unanimous consent that the Senate tional Monuments. LANDMARK, ARIZONA. agree to the amendments of the House. SEC. 102. DEFINITIONS. (a) FINDINGS.—The Congress finds and de- The PRESIDING OFFICER. Without As used in this title: clares that— objection, it is so ordered. (1) HISTORIC SITE.—The term ‘‘historic site’’ (1) the Casa Malpais National Historic Land- mark was occupied by one of the largest and f means the Lower East Side Tenement found at 97 Orchard Street on Manhattan Island in City most sophisticated Mogollon communities in the LOWER EAST SIDE TENEMENT NA- of New York, State of New York, and designated United States; TIONAL HISTORIC SITE ACT OF as a national historic site by section 103. (2) the landmark includes a 58-room masonry pueblo, including stairways, Great Kiva com- 1998 (2) MUSEUM.—The term ‘‘Museum’’ means the Lower East Side Tenement Museum, a nonprofit plex, and fortification walls, a prehistoric trail, Mr. THOMAS. Mr. President, I ask organization established in City of New York, and catacomb chambers where the deceased the Chair lay before the Senate a mes- State of New York, which owns and operates were placed; sage from the House of Representatives the tenement building at 97 Orchard Street and (3) the Casa Malpais was designated as a na- on the bill (S. 1408) to establish the manages other properties in the vicinity of 97 tional historic landmark by the Secretary of the Orchard Street as administrative and program Interior in 1964; and Lower East Side Tenement National (4) the State of Arizona and the community of support facilities for 97 Orchard Street. Historic Site, and for other purposes. Springerville are undertaking a program of in- (3) SECRETARY.—The term ‘‘Secretary’’ means The PRESIDING OFFICER laid be- terpretation and preservation of the landmark. the Secretary of the Interior. fore the Senate the following message (b) PURPOSE.—It is the purpose of this section from the House of Representatives: SEC. 103. ESTABLISHMENT OF HISTORIC SITE. to assist in the preservation and interpretation (a) IN GENERAL.—To further the purposes of of the Casa Malpais National Historic Land- Resolved, That the bill from the Senate (S. this title and the Act entitled ‘‘An Act to pro- 1408) entitled ‘‘An Act to establish the Lower mark for the benefit of the public. vide for the preservation of historic American (c) COOPERATIVE AGREEMENTS.— East Side Tenement National Historic Site, sites, buildings, objects, and antiquities of na- (1) IN GENERAL.—In furtherance of the pur- and for other purposes’’, do pass with the fol- tional significance, and for other purposes’’, ap- pose of this section, the Secretary of the Interior lowing amendment: proved August 21, 1935 (16 U.S.C. 461 et seq.), is authorized to enter into cooperative agree- Strike out all after the enacting clause and the Lower East Side Tenement at 97 Orchard ments with the State of Arizona and the town of insert: Street, in the City of New York, State of New Springerville, Arizona, pursuant to which the TITLE I—LOWER EAST SIDE TENEMENT York, is designated a national historic site. Secretary may provide technical assistance to NATIONAL HISTORIC SITE, NEW YORK. (b) COORDINATION WITH NATIONAL PARK SYS- interpret, operate, and maintain the Casa SEC. 101. FINDINGS AND PURPOSES. TEM.— Malpais National Historic Landmark and may (a) FINDINGS.—Congress finds that— (1) AFFILIATED SITE.—The historic site shall also provide financial assistance for planning, (1)(A) immigration, and the resulting diversity be an affiliated site of the National Park Sys- staff training, and development of the Casa of cultural influences, is a key factor in defining tem. Malpais National Historic Landmark, but not the identity of the United States; and (2) COORDINATION.—The Secretary, in con- including other routine operations. (B) many United States citizens trace their sultation with the Museum, shall coordinate the (2) ADDITIONAL PROVISIONS.—Any such agree- ancestry to persons born in nations other than operation and interpretation of the historic site ment may also contain provisions that— the United States; with the Statue of Liberty National Monument, (A) the Secretary, acting through the Director (2) the latter part of the 19th century and the Ellis Island National Monument, and Castle of the National Park Service, shall have right to early part of the 20th century marked a period Clinton National Monument. The historic site’s access at all reasonable times to all public por- in which the volume of immigrants coming to story and interpretation of the immigrant expe- tions of the property covered by such agreement the United States far exceeded that of any time rience in the United States is directly related to for the purpose of interpreting the landmark; prior to or since that period; the themes and purposes of these National and (3) no single identifiable neighborhood in the Monuments. (B) no changes or alterations shall be made in United States absorbed a comparable number of (c) OWNERSHIP.—The historic site shall con- the landmark except by mutual agreement be- immigrants than the Lower East Side neighbor- tinue to be owned, operated, and managed by tween the Secretary and the other parties to all hood of Manhattan in New York City; the Museum. such agreements. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12533 (d) APPROPRIATIONS.—There are authorized to read a third time and passed, the mo- cation as an issue, despite the fact that be appropriated such sums as may be necessary tion to reconsider be laid upon the we have been negotiating now for sev- to provide financial assistance in accordance table, and that any statements relating eral weeks, until last Friday. All the with this section. to the bill be printed in the RECORD. time we were working, trying to finish SEC. 202. PROVISION FOR ROADS IN PICTURED The PRESIDING OFFICER. Without the business of the American people, ROCKS NATIONAL LAKESHORE. Section 6 of the Act of October 15, 1966, enti- objection, it is so ordered. the administration never raised edu- tled ‘‘An Act to establish in the State of Michi- The bill (H.R. 3910) was considered cation as an issue, and suddenly on gan the Pictured Rocks National Lakeshore, read the third time and passed. Saturday the President brings it up in and for other purposes’’ (16 U.S.C. 460s–5), is Mr. THOMAS. I thank the Chair very his radio address, and now every day amended as follows: much. the President is somewhere doing a (1) In subsection (b)(1) by striking ‘‘including I thank the Senator from Texas for photo opportunity, or a press con- a scenic shoreline drive’’ and inserting ‘‘includ- his time in allowing us to complete ference, or having a fundraiser on the ing appropriate improvements to Alger County these bills. education issue. Road H–58’’. I want to say a little bit about that (2) By adding at the end the following new Mr. GRAMM. Mr. President, I yield subsection: to the Senator from Pennsylvania for because part of what makes it possible ‘‘(c) PROHIBITION OF CERTAIN CONSTRUC- the purpose of a unanimous consent re- for you to finish your work, under very TION.—A scenic shoreline drive may not be con- quest. difficult circumstances at the end of a structed in the Pictured Rocks National Lake- Mr. SPECTER. Mr. President, my un- session, is when you have mutual trust, shore.’’. derstanding is the Senator from Texas when you believe that both sides to the Mr. THOMAS. Mr. President, I ask has the floor now. negotiation are acting in good faith unanimous consent that the Senate I ask unanimous consent that at the and that we are trying to do the work agree to the amendment of the House. conclusion of his 30-minute allocation of the American people and not gain The PRESIDING OFFICER. Without that I be permitted to speak as if in political advantage. I am afraid that in objection, it is so ordered. morning business for 15 minutes. this case the President is not acting in f The PRESIDING OFFICER. Without good faith in dealing with us on this objection, it is so ordered. issue. OREGON PUBLIC LANDS TRANS- Mr. SPECTER. I thank the Chair. I A second reason I was surprised this FER AND PROTECTION ACT OF thank my colleague from Texas. issue surfaced so late in our negotia- 1998 The PRESIDING OFFICER. The Sen- tions is that the President, in January, Mr. THOMAS. Mr. President, I ask ator from Texas. proposed in his initial budget that we unanimous consent the Senator pro- Mr. GRAMM. Mr. President, thank spend $32 billion in appropriations on ceed to the immediate consideration of you for the recognition. I guess before education. When we reported our fund- H.R. 4326, which is at the desk. I speak I need to thank several people. ing bill, we spent $32 billion on edu- The PRESIDING OFFICER. The I thank Senator BYRD, who has left the cation. So it seems strange to me to clerk will report. floor, for insisting on a unanimous con- now have this issue raised about edu- The bill clerk read as follows: sent request that allowed me to have cation when, in fact, we have provided A bill (H.R. 4326) to transfer administrative the opportunity to speak today. Sen- almost exactly the amount of money jurisdiction over certain Federal lands lo- ator BYRD is a Member who always re- that the President sought in January. cated within or adjacent to the Rogue River minds us that we do well to be cour- But whether we think it is political or National Forest and to clarify the authority teous to one another. I appreciate his not, whether it makes any sense, given of the Bureau of Land Management to sell generosity. that we have funded almost identical and exchange other Federal lands in Oregon. Second, I am going to speak today on levels to those requested by the Presi- The PRESIDING OFFICER. Is there education and on other subjects. Much dent, the President has raised the edu- objection to the immediate consider- of the material that I am going to use cation issue and I thought it was im- ation of the bill? was developed by Senator FRIST in the portant to give a brief response of what There being no objection, the Senate Budget Committee Task Force on Edu- the difference is. proceeded to consider the bill. cation. I want to be sure to give Sen- The dispute is not about how much Mr. THOMAS. Mr. President, I ask ator FRIST credit for developing much money is going to be spent on edu- unanimous consent that the bill be of this material. cation. As I said earlier, the President read a third time and passed, the mo- Mr. President, today, as we reach the requested $32 billion; we have provided tion to reconsider be laid upon the end of the term, I want to say a little $32 billion. The question is not about table, and that any statements relating bit about four different subjects. I rare- how much money is going to be spent to the bill be printed in the RECORD. ly get up and speak on more than one but the debate is about who is going to The PRESIDING OFFICER. Without subject because many Senators, myself do the spending. Despite all the rhet- objection, it is so ordered. included, have trouble doing one sub- oric of the President and the adminis- The bill (H.R. 4326) was considered ject justice. But I need to say a few tration, the debate is not about the read the third time and passed. words about education. I want to say a level of spending but who is going to do f few things about home health care. I the spending. They want the Federal Government to do the spending. They AUTOMOBILE NATIONAL want to talk a little bit about R&D tax want bureaucrats in Washington, DC, HERITAGE AREA credits that are now pending in both Houses. And, finally, I want to talk to do the spending. And what Repub- Mr. THOMAS. Mr. President, I ask about the world economy and what I licans have done in the first change in unanimous consent that the Senate see the lessons to be, and say a little national education policy in over 30 proceed to the immediate consider- bit about IMF. years is, we have voted to pass money ation of H.R. 3910, which is at the desk. f back to local school districts so that The PRESIDING OFFICER. The local parents, local teachers, and lo- clerk will report. EDUCATION cally elected school board members can The bill clerk read as follows: Mr. GRAMM. Mr. President, let me set education priority. So the debate is A bill (H.R. 3910) to authorize the Auto- begin with education. First of all, I not about how much money is going to mobile National Heritage Area in the State want to express some concern about be spent, the debate is about who is of Michigan, and for other purposes. the fact that the administration has going to do the spending. The PRESIDING OFFICER. Is there decided, in the waning hours of this Since the President has raised the objection to the immediate consider- Congress, to suddenly bring education issue, let me tell you our side of the ation of the bill? up as an issue in this omnibus spending story. Our side of the story first points There being no objection, the Senate bill that we are working on. I want to out that we spend a lot of money on proceeded to consider the bill. explain why I have concerns about this. education, and we should. In 1969, we Mr. THOMAS. Mr. President, I ask First of all, so far as I am aware, the were spending $68.5 billion on primary unanimous consent that the bill be administration never mentioned edu- and secondary education in America. S12534 CONGRESSIONAL RECORD — SENATE October 14, 1998 Today, we are spending a whopping into the classroom. So no wonder we where bureaucrats get 63 cents out of $564.2 billion. So, in dollar terms, we are spending all this money with such every dollar. We want local parents, have almost increased education fund- poor results. This is the existing sys- local teachers, locally elected school ing tenfold. tem. It is the 37-cent solution. And the board members to do the spending, be- But yet, while education funding has President says, many of our colleagues cause we believe that people love their exploded since 1969, we have seen SAT say, give this system more money. children more than the Government scores, which measure high school Our answer has been, look, if this does. We believe that parents know achievement, stagnate, we have seen system can only get 37 cents out of better about education than the Gov- reading stores stagnate, and we have every dollar to the classroom, this sys- ernment does. seen, since 1969, a systematic decline of tem is fundamentally broken and it Let me also say for those who say, American student performance on needs to be changed. What we would do ‘‘Where are the education bills that international tests, where we have in changing it is, basically, we want to have been passed in this Congress?’’ let gone from virtually the top of each go to a block grant system which takes me just remind those who are inter- major learning category to near the much of the money that we spend in ested that we passed a bill in this Con- bottom on each learning category. Washington, except for the amount gress, this year, that provided parents In fact, I just pick two here. This last that is targeted to critical needs such with the ability to set aside tax free up year on international tests on physics, as children with special learning dis- to $2,000 a year to use to send their of all the nations that participated in abilities, special education programs, children to summer school or to get the program, the United States of and what we would like to do is take afterschool tutoring or to buy edu- America ranked dead last. On math, a $10.2 billion of the money we are spend- cation equipment, like a computer, or critically important ability given the ing in Washington and, rather than to send their children to parochial or modern era we live in—and we all un- giving 63 cents out of every dollar of it private schools, if they choose. The derstand the importance of mathemati- to bureaucrats, which we do now, we President vetoed that bill. cal skills in the information age— would like to take the $10.2 billion and America ranked second to last of all give it directly to local school systems. We passed literacy funding. The nations that participated in the math So local parents, local teachers, and lo- President vetoed that bill. testing program. This despite the fact cally elected school board members We passed a teacher merit pay pro- that, on a per capita basis, we are one would determine how that money is gram. The President, standing with the of the largest spenders on education in spent. That gives us a 100-cent solu- teachers unions and not with the stu- the world, spending in some cases two tion, because then every dollar will go dents, vetoed that bill. or three times as much per student as to local teachers, local parents, and lo- We passed a bill giving low-income the nations that achieved the top cally elected school board members. families some choice in education. The scores on these tests. The President and, obviously, many President sent his child to private One of the reasons we are spending so people in Washington believe we know school in the District of Columbia, and much money and getting so little for it better; that it is worth having a pro- he had every right to do it. The point is really encapsulated in this chart. gram where only 37 cents out of every is, however, that we wanted to give What this chart seeks to do is to show dollar gets to the classroom because working families the same rights the the 23 different federal government the bureaucracy is adding so much President had, and the President ve- agencies that we have funding edu- value by telling parents and teachers toed it. cation through 300 different Federal and locally elected school board mem- programs, in trying to provide money bers, who do not understand education, We had tax relief for parents whose for teachers, for at-risk students, and how to do it. children use the State tuition prepaid for young children. As you can see, If anybody ever believed that, surely plan where you can start paying, even looking at this chart, what we have when we are in a situation where our before your child is born, for him or created is a massive bureaucracy which test scores have stagnated, our reading her to go to Texas A&M, and you can has overlapping responsibilities and scores are flat or declining, and where do it at a discount because your money where we have 300 different programs we are ranking last, or near last, in is building up. If they pass the test and basically all trying to achieve the every achievement test given inter- can get in, you have paid for it. We same thing. nationally, I just think it is uncon- wanted to give tax advantages to en- Looking at this chart, you will not scionable and hurtful to the country courage families to do that. The Presi- be shocked by the next chart. The next and to the children to stay with a sys- dent vetoed it. chart really is the measure of how effi- tem where only 37 cents out of every We had tax relief for employer-pro- cient we are in getting the dollar we dollar we spend gets through to the vided education assistance. We have all spend in Washington through to the classroom. heard employers everywhere saying to classroom where the child is learning. That is what the debate is about. us, ‘‘The kids who come to work for us What this tries to show is, starting out When you hear the President say, ‘‘We out of high school don’t have the skills with $1 we spend here—not just want Congress to act on education,’’ we they need. They can’t read, they can’t through the Department of Education, have already acted. The President write, they can’t reason.’’ So employ- but all federal education spending— wanted $32 billion. We have given the ers are beginning to pay their own how much of it actually gets to the President $32 billion. But where the dif- money to reeducate their workers. We classroom. Fifteen cents of every dol- ference is, the President wanted the wanted to encourage it by making it lar we spend never gets to the school Federal Government to spend the tax free if they do that, because they district because, for all practical pur- money, the President wanted to keep a know the skills they need. The Presi- poses, it never gets out of the State system where 63 cents out of every dol- dent vetoed it. and Federal bureaucracy. It basically lar gets lost before it gets to the class- Finally, we now are trying to give is consumed here and in various State room, and what we are trying to do is local school systems more control, to capitals, with Federal bureaucracies to give the money directly to local take control away from Federal bu- that we are basically paying to tell school systems and cut the bureaucrats reaucrats. The President says he will people how to run education. Forty- out of it. veto it unless we change it to spend the When you hear the President talking eight cents out of every dollar can go money his way, which is 63 cents for about this issue, understand that, de- to support local bureaucracies—sup- bureaucrats and 37 cents for class- spite what he appears to be saying, the port staff, administration staff, people rooms. That is not good enough for dispute is not about how much money who are not directly involved in class- America anymore. room instruction. is going to be spent, the dispute is So the bottom line is, from all of this about who is going to do the spending. Mr. President, how much time do I mass of bureaucracy, we are getting 37 Bill Clinton and our Democrat col- have left? cents out of every dollar the federal leagues want the Federal Government The PRESIDING OFFICER. The Sen- government is spending on education to do the spending with an old system ator has 13 minutes left. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12535 HOME HEALTH CARE, R&D TAX Finance Committee that would pay for at the end of World War II as part of AND THE WORLD ECONOMY another $1 billion of aid to home health the Bretton Woods agreement. In those Mr. GRAMM. Mr. President, let me care by changing the 1997 law to stop days, we had fixed exchange rates, and now turn to home health care, R&D tax payments for bad debt so that if you the IMF was supposed to provide fi- credit and the world economy. don’t collect your bills, you have to nancing to make the system work. The pay for it, and not the taxpayer. I hope United States, in 1969, went on flexible HOME HEALTH CARE we can work out something. exchange rates. The Bretton Woods We put together a bill in the Finance I certainly believe it is possible to agreement died. We have not had an Committee to provide $1 billion to the come up with a solution. I thought we international financial crisis come out home health care industry, which has had a good one. Someone objected to it. of America since. So IMF has been been hit by a failure of HCFA to imple- So now we are scrambling trying to scrambling to try to find something to ment a workable program to try to find another solution. do. control the exploding cost of home R&D CREDIT I do not believe they have done a health care. I am for the R&D tax credit. I think good job. I think in Russia they pro- As my colleagues will remember, we it should be extended. I think the vided money most of which was simply passed a bill to have a simple $5 copay- House has come up with a good ex- stolen. I think they did not get the eco- ment for home health care. That co- tender bill. I am for the House bill. I nomic reforms they sought, and they payment would not apply to moderate- am afraid that if we fool around trying squandered their money and ours. I am income people who would have their to add items, like tax credits for bio- very concerned about what is happen- cost paid by Medicaid. The administra- mass energy, which I think is a waste- ing in much of Asia. But I have de- tion said, no, that they could save the ful subsidy, that we are going to end up cided, with some concrete reforms, to money in another way, that they could with one bill in the Senate, one bill in go along with additional money for reform the system. So in the omnibus the House, and we are not going to get IMF. But they are going to have to reconciliation bill for the 1997 budget the tax extenders. I hope we can just make the reforms to get the money. last Congress, we gave them the ability adopt the House bill which deals fun- The reforms are: If you want to use to do that. Now they have come up damentally with the major issue in the your money, you can do anything you with a totally unworkable program tax extenders, and that major issue is want to do economically in the world. which they say they can’t fix. the R&D tax credit. If you want to shoot your economy in We responded in two ways: No. 1, we WORLD ECONOMY the foot, or someplace worse, you have in the Senate Finance Committee came Finally, in the few minutes I have a right to do it, but you do not have a up with a bill to provide $1 billion for left, let me say a little bit about the right to do it with our money. If you home health care, and we paid for it by world economy. I think that something want our money, you are going to have going back and correcting a technical fundamentally is getting lost in all of to set out a plan to open up your econ- error in the 1997 bill. We meant in that this discussion in the last couple of omy for world trade, you are going to bill to require the Federal Government weeks about the world economy. One have to have movement toward free to reduce payments to health care pro- would think in listening to the admin- trade and free capital movement, you viders for bad debt because it was pro- istration and the many commentators are going to have to set up a system ducing perverse incentives where they that the problem in the world economy where you give everybody equal justice were not trying to collect debts, since is that there is some economic equiva- under the law in areas like bankruptcy, the Government paid them off 100 cents lent to the flu which is going around and you are going to have to end crony on the dollar, and where they were ba- the world and it is being caught ran- capitalism where the kinfolks of rul- sically extending credit where there domly. ers, where politically favored members was no hope of collection because, The plain truth is, the collapse of the of political parties, end up getting own- again, it wasn’t their money. economies in Asia was due to crony ership of property and end up getting We meant to do that for every health capitalism where government was di- investment under their control. care provider, but by a technical draft- recting capital politically rather than The point is, these reforms are criti- ing error, it only applied to hospitals. economically. That system failed. As a cally important if we are to avoid a So we were going to expand it to every result, it pulled down the economies, world financial crisis. And these re- other health care provider. It saved us first of Thailand, and now several forms are going to have to be made if about $1 billion from current law, and countries in Asia, including Japan. we are going to provide the IMF the we were going to provide $1 billion for The solution to the problem is to end money. home health care relief to give the ad- crony capitalism. The solution to the I just want to respond very briefly to ministration another year or 18 months problem is to open their markets for the representative from France, and to try to fix the problem that they competition from American goods and others, who said, ‘‘How dare the United have created. We have now had Mem- goods produced all around the world, States of America try to tell us what bers of the Senate—at least one Mem- and eliminate the crony capitalism in to do.’’ Let me make it clear, we do not ber—object to that funding mechanism. places like Japan, where American care what they do with their money. Look, I don’t object to the fact that goods had been kept out and in the But if they are going to spend our Senators have a right to stop a bill in process it has weakened their economy money, they are going to have to use it the waning hours of the session. I think and it has hurt the world economy. The on programs that we believe can work. that represents part of the strength of solution is not to engage in capital And if they do not want to do it our the Senate and, quite frankly, if you controls. And the solution is not to way, that is great, just do not take our are going to make laws in the last hour simply have the world use its money to money; and they are not going to get it of the session, you ought to have unan- support economic systems that do not unless they do it our way. imous agreement. work. Finally, I think in some ways we are I am disappointed, because I thought So I think it is important to remem- adding to the world financial crisis by that was a reasonable way to try to fix ber that the problem in the world econ- using rhetoric that seems akin to the the problem. We now have many other omy is that we had countries practic- sort of ‘‘The sky is falling’’ logic. people trying to come up with ways of ing crony capitalism. I think in the end Crony capitalism failed. Government funding this $1 billion, including some this can turn out to be a good thing, does not work as an allocator of cap- proposals that we have a bunch of little not a bad thing. I think if we reform ital. That is hardly a surprise, but it is tax increases. economies in Asia, if we learn the les- a lesson that is proven in Japan and all I don’t think that is the way to go. I son in America that the Government over Asia. hope we can work out a compromise, should not be deciding where invest- I remember not long ago sitting down but there has been so much said about ments are made, I think the world with a President and with a Cabinet this issue that I wanted to come to the economy can come back and be strong. Member and another Member of the floor and go on record as saying I am I am very concerned about the Inter- Senate, and there was really a discus- for the solution that we reached in the national Monetary Fund. It was set up sion about our Government funding S12536 CONGRESSIONAL RECORD — SENATE October 14, 1998 high-definition television as part of in- The Majority and Minority Leaders of and the House-Senate conference was dustrial policy; the Japanese were the Senate, the Speaker, and the Mi- at $31.8 billion. We were $600 million doing it, and we could lose our cutting nority Leader of the House of Rep- over the President’s figure. It led me at edge in technology. resentatives. that news conference to comment that Well, what happened? Fortunately, My bill is illustrative. I chair the ap- the President either did not know what we did not do it. I opposed it. The Japa- propriations subcommittee which has the figures were or was negotiating not nese invested over $1 billion in their jurisdiction of three major Depart- in good faith in representing that the technology, which failed. The world ments: The Department of Education, Congress had not met his requests for adopted our private technology, and we the Department of Health and Human an education funding figure. now dominate the world market. Crony Services, and the Department of Labor. A further controversy developed, and capitalism does not work in America, And my staff and I worked during the I believe is still pending, although it does not work in Japan, it certainly month of August, a recess month, so those negotiations are ongoing. And did not work in Korea and Thailand, that when we came back into session minute by minute we do not know and the sooner they change their sys- on August 31 we would be prepared, as whether agreements are made or not tem, the better off they are going to we were on September 1, to have the until we hear their final report. The be. subcommittee act. The full committee President asked for $1.1 billion for If they want to set their economy then acted on September 3 in an effort classroom size. The President proposed right by using a system that we know to have this complex and important paying for that item with the proceeds works—capitalism and democracy— bill considered early on by the Senate. from the tobacco settlement, except then we want to help. If they want to The bill never came to the Senate there never was a tobacco settlement keep trying crony capitalism and so- floor because of other pressing business and we never had those proceeds to cialism, we wish them good luck, we and candidly, because the bill was so work with. will include them in our prayers, but controversial that it would likely be My subcommittee had anticipated we will not fund that experiment, be- tied up in matters which might not be that problem and had, in the report cause we know it does not work. resolved. However, I believe that had which we filed, provided for reduction I yield the floor. these issues been debated on the Sen- in classroom size to meet what the Mr. SPECTER addressed the Chair. ate floor, I think that they would have President considered a priority. We The PRESIDING OFFICER. The Sen- had chance, a realistic chance. Ulti- agreed with him that it was a priority. ator from Pennsylvania. mately, with enough time and effort, We allocated some $300 million for that f we could have prevailed. Similarly, in effort. According to the information the House of Representatives there was presented in our conference, the maxi- UNANIMOUS CONSENT AGREE- never floor consideration to the legis- mum expenditure for the next fiscal MENT—2-DAY CONTINUING RESO- lation covering these three important year would have been $50 million. So LUTION departments. we had adequately taken care of the Mr. SPECTER. Mr. President, I have So the subcommittee chairman and President’s priority and we had more been asked to make a unanimous con- the ranking members met and tried to than enough funding to proceed for the sent request on behalf of our leader, work out many of the points of conten- first year. Senator LOTT. tion. The matters have never been con- It was our concern that the congres- I ask unanimous consent that when sidered on the floor of the Senate sional authorizing committees had not the Senate begins consideration of the where under our procedures Senators taken up the item, which should be two-day continuing resolution, there have the right to offer amendments, done in the context where we saw there be 10 minutes equally divided between the right to modify figures in the regu- was adequate funding. Had we had the the chairman and ranking minority lar legislative consideration. tobacco proceeds, I think a good bit member of the Appropriations Commit- We are going to have to take a hard more attention would have been paid tee, and following the conclusion or look at our procedures when we recon- to this. When the funding did not come yielding back of time, the resolution be vene next January so that we go back through, the subcommittee made its agreed to and the motion to reconsider to the regular order and to the process best efforts. I believe the facts are il- be laid upon the table, all without ad- under which this body, the Senate, con- lustrated on these items, which were ditional action or debate. siders the legislation we have handled the bones of contention. The sub- The PRESIDING OFFICER. Without on the floor and then in the conference committee had provided more funding objection, it is so ordered. report and then present it to the Presi- for education than the President had f dent for his signature or for his veto, requested, and it made an appropriate as he exercises his Presidential judg- allocation for classroom reduction size. THE BUDGET PROCESS ment. Congress had done its job on education. Mr. SPECTER. Mr. President, I have We had a conference last Friday with It is obvious that when the President sought recognition to comment about representatives from the Office of Man- speaks from that bully pulpit he may the budget process and the status of agement and Budget and the chairmen even get more attention than when a events now pending between the Con- of the Appropriations Committees from Senator addresses the same subject on gress and the Administration. both Houses, as well as the chairmen of the Senate floor, seen by very few peo- We have come to a stage on appro- the subcommittees and ranking mem- ple on C-SPAN2. But at least we do priations where so many decisions are bers. At that time we were considering what we can to establish the record for left, in the final analysis, to negotia- an objection which the President had the propriety of our congressional ac- tions which involve only four Members raised to the appropriations bill cover- tion. of Congress and now the Chief of Staff ing education. The President had just The business of having 535 elected of the President’s administration, had a rose garden news conference and Members of the Congress delegate au- which I believe is far removed from the was very, very critical of Congress for thority to four individual Members, regular order of the United States Con- failing to meet his demands, his re- short-circuiting our process, is not in gress and the regular order as envi- quests, his priorities on education. the national interest. sioned by the Constitution where the I was asked to participate in a re- One of the items which has been Congress legislates, presents bills to sponsive news conference which, unlike under consideration in the subcommit- the President, and the President either the President’s power of the bully pul- tee has been a complex question of signs or vetoes those bills. pit, received virtually no attention. organ transplants. The subcommittee We have, as we all know, 100 Mem- The facts are these: The President has has adopted the recommendation of the bers of the Senate and 435 Members of requested for education $31,185,302,000; administration, put forward by Sec- the House of Representatives. And it is on Friday the House-Senate Conference retary of Health and Human Services my view that, if unconstitutional, it is Committee had come to a figure of Donna Shalala, to establish regulations certainly an unwise de facto delegation $31,832,358,000. Rounding off the num- issued by her Department. We held a of power to four Members of Congress: bers, the President was at $31.2 billion hearing on the subject and tried to October 14, 1998 CONGRESSIONAL RECORD — SENATE S12537 come to grips with that issue. A differ- It is my hope that these procedures date from the Federal Government op- ing point of view was put forth by the will be corrected when the Congress re- erated out of Washington instead of House of Representatives. convenes next January, to find a way leaving it to local government. I concede that while the House advo- to return to regular order and to have Here again, I think the President cates had parochial interests of their these issues considered by the full Sen- would not have exercised his veto, or at State, I, too, had an interest in Penn- ate, considered in a Conference Com- least had we followed regular order and sylvania on this issue. Looking at the mittee, and presented to the President. the constitutional procedure without broader national aspects, it really is a When we had our conference last Fri- matter to be decided by the medical ex- having the President in the negotia- day, I raised the question head on with perts. I think that was provided for in tions on the appropriations bill—where members of the Office of Management the regulations proposed by the Sec- he ought not to be, his representative retary of Health and Human Services. and Budget where this education item ought not to be—we would have had a The Secretary had no parochial inter- was a matter for veto. He had some dif- determination as to whether it rose to est and was speaking for the national ference of opinion of some $330 million, the magnitude of a Presidential veto. interest. If the Secretary was wrong, which is not insignificant, but is not Our institutions have been well that is a matter which ought to be de- enormous on a $32 billion budget. The served, as we know, when we follow cided by the authorizing committee. It representative of the administration constitutional procedures, when you ought not to be left to the appropri- couldn’t answer the question. If we had follow regular order on what has been ators. passed a bill and submitted it to the established. I do believe that these That is only illustrative of many, President, I think he would not have shortcuts are not in the public interest many riders we have where the appro- vetoed. My instinct is if we passed a and we ought to return to the tried and priators are called upon to decide very, bill and submitted it to the President, tested ways of the appropriations proc- very complex questions which ought to the funding figure which he wished for, ess. be resolved after hearings, analysis, classroom size reduction, which has floor debate, and a decision on what is now been conceded by the congres- I ask unanimous consent to have public policy. They really are not sional negotiators, but it left open the printed in the RECORD the chart I re- issues to be decided by how much issue of whether it would be decided by ferred to earlier. money ought to be allocated to a spe- the States and local government or de- There being no objection, the chart cific line, which is the function of ap- cided by the Federal Government, with was ordered to be printed in the propriations. the President pressing to have a man- RECORD, as follows: LABOR, HEALTH HUMAN SERVICES AND EDUCATION APPROPRIATIONS

1998 com- House committee Senate commit- Tentative agree- Tentative agree- parable Budget request bill tee bill ment—House ment—Senate Open issues UA

Title II—Department of HHS, current year (federal) ...... 162,167,174 177,149,724 176,289,059 176,178,717 178,665,109 178,695,109 30,000 Prior year advances ...... 31,036,993 31,718,189 31,718,189 31,718,189 31,718,189 31,718,189 ...... Trust funds, current year ...... 1,798,072 1,951,665 1,951,665 1,694,715 1,955,665 1,955,665 ...... Total ...... 195,002,239 210,819,578 209,958,913 209,591,621 212,338,963 212,368,963 30,000

Mandatory, current year ...... 132,981,566 145,960,968 146,055,968 146,040,968 146,230,968 146,230,968 ...... Prior year advances ...... 29,099,993 29,618,189 29,618,189 29,618,189 29,618,189 29,618,189 ...... Subtotal: Mandatory ...... 162,081,559 175,579,157 175,674,157 175,659,157 175,849,157 175,849,157 ......

Discretionary ...... 29,185,608 31,188,756 30,233,091 30,137,749 32,434,141 32,464,141 30,000 Prior year advances ...... 1,937,000 2,100,000 2,100,000 2,100,000 2,100,000 2,100,000 ...... Trust funds, current year ...... 1,798,072 1,951,665 1,951,665 1,694,715 1,955,665 1,955,665 ...... Projected HCFA user fee collections ...... (264,500) ...... Child Care Welfare Reform rescission ...... (3,000) ...... Viagra Limitation ...... (40,000) ...... (40,000) ...... 40,000 Adjustment for legislative cap on Title XX SSBGs ...... (81,000) (471,000) (81,000) (471,000) (81,000) (81,000) ...... Subtotal: Discretionary ...... 32,836,680 34,504,921 34,163,756 33,461,464 36,368,806 36,438,806 70,000

Total: 302(b) scorekeeping ...... 194,918,239 210,084,078 309,837,913 209,120,621 212,217,963 212,287,963 70,000

Title III—Department of Education current year (federal funds) ...... 30,701,330 32,142,182 31,481,671 31,867,651 32,250,768 32,797,056 546,288 Mandatory, current year ...... 2,555,086 2,615,266 2,616,640 2,615,266 2,622,584 2,622,584 ......

Discretionary, current year (federal funds) ...... 28,146,244 29,526,916 28,865,031 29,252,385 29,628,184 30,174,472 546,288 Prior year advances ...... 1,298,386 1,658,386 1,658,386 1,658,386 1,658,386 1,658,386 ...... Subtotal, Discretionary ...... 29,444,630 31,185,302 30,523,417 30,910,771 31,286,570 31,832,858 546,288 Total, 302(b) scorekeeping ...... 31,999,716 33,800,568 33,140,057 33,526,037 33,909,154 34,455,442 546,288

Title IV—Related Agencies (federal funds, current year) ...... 17,738,380 23,195,669 23,058,541 23,207,418 23,173,046 23,182,836 9,790

HATE CRIMES It has been reported by the investiga- three suspects were white supremacists Mr. SPECTER. Mr. President, we tors that the two suspects lured Mr. and had white supremacist tattoos on have seen the issue of hate crimes Shepard from the bar by stating that their bodies. All three were identified again tragically before the American they, too, were gay and wanted to meet as belonging to the Ku Klux Klan and people with a horrendous event in Lar- with him. The girlfriend of one of the the Confederate Knights of America amie, WY, on October 6, just last week, two suspects has stated that Shepard while serving in prison. Racist lit- where a young man, Matthew Shepard, was targeted because he had flirted erature was seized from the home was kidnaped, robbed, severely beaten, with the suspect earlier that evening shared by the suspects. and left tied to a fence in freezing and allegedly embarrassed him. The current hate crime legislation weather. He died 5 days later from his The issue of hate crimes was very was deemed inadequate on the murder wounds. much a national focus months ago, on of Mr. Byrd because the victim was at- Two men have been charged with the June 7 of 1998, when Mr. James Byrd, tacked in a way where he was not seek- murder. It appears that the attack was Jr., an African-American, was kid- ing to exercise a federally protected motivated at least in part by an naped and killed by being dragged from right. antigay bias. Police have stated that the back of a pickup truck. Three On November 13, 1997, Senator KEN- while robbery was the main motive for white men have been charged with the NEDY, Senator WYDEN, and I introduced the attack, that Mr. Shepard was ap- murder. The evidence indicates that the Hate Crimes Prevention Act, which parently chosen as a victim because he there was racial motivation for the at- has not moved forward. It is my view was gay. tack. Authorities have stated that all that there is no place in America for S12538 CONGRESSIONAL RECORD — SENATE October 14, 1998 hate. There is just no place in America clearly defines the difference between the Republican Party, there has been for hate. There is no place for hatred of the two parties on the issue of funding essentially no increase in funding for African-Americans, hatred of Asians, education than the issue of special edu- special education. As a result, what and there is no place for hatred of cation. this administration has said is: Rather Jews, Muslims, gays, or anyone else. This White House has been so enthu- than funding the needs of special ed That is antithetical to America, anti- siastic for creating new programs, that kids, we want to create brand new pro- thetical to the concepts of the melting are controlled here in Washington, grams, we want to go out and tell the pot. We see around the world what has which tell the teachers, principals, par- school districts what they are going to happened in places like Bosnia, and we ents, and students back in my State, have to do with Federal dollars, rather see what has happened in Kosovo, and and in the State of Mississippi, where than using the Federal dollars to fund we have seen what has happened in Af- the occupant of the Chair comes from, the needs of the special needs kids the rica. But in the United States, there is and every State of this country, how way we are supposed to under the law. no place for hate. they shall run their schools on a day- So they set up this scenario where I have asked both leaders in the Con- to-day basis, how to manage curricu- they say to local school districts: We gress and the President to push to have lums, whom they shall hire, when they are not going to pay you what we are this legislation included in the final shall hire them, what they will do after supposed to and allow you to free up Omnibus Appropriations Act. I know it school. This administration has been so your money to spend it on what you is difficult to do. Let’s see what hap- insistent in trying to move the control need, such as books and teachers—or pens on it. There ought to be a very, of education to the Federal level and whatever the local school district thinks it needs. Rather, we are going very strong stand taken against hate. now has come forward with a new se- to tell you what you need, and we are Gays ought to be included in the pro- ries of efforts to accomplish that. But going to make you come to the Federal tection, and we ought not to have the this administration has failed consist- Government, come to the Federal bu- highly technical, legalistic concepts of ently to fund the most fundamental ob- reaucrat, and say, ‘‘Please, Federal bu- the exercise of a federally protected ligation of the Federal Government in reaucrat, give us back some of our right. the area of education—specifically, the I served for 8 years as district attor- obligation under special education. money so we can pay for new edu- ney of Philadelphia and 4 years as as- Back in 1976, I think, when the spe- cational initiatives.’’ But we have to sistant district attorney before that, cial education bill was passed, which do exactly what you tell us in initiat- and crime was horrendous. But when was a major step forward in this Na- ing those initiatives. It obviously hate is added to the crime, it becomes tion toward caring for kids who have makes no sense. What did the Republican Congress an intolerable circumstance, some- special needs, the Federal Government do? It said let’s live up to our obliga- thing which should be acted upon by committed to the local communities of tions as a Congress first. So we made a this country that it would pay 40 per- the Congress of the United States. The priority. In fact, S. 1, the No. 1 bill of cent of the cost of those children’s edu- legislation has been modified to arrive the Senate, made as its priority setting cational needs. But what has hap- at a situation where local authorities a course to fully fund special education pened? Well, when the Republican Con- would call for Federal assistance. I am at the 40 percent required under the not sure that is a wise provision, be- gress took control of Congress 4 years law. We made great strides in this cause so frequently we find local au- ago, at that point, the obligations under the leadership of the majority thorities unwilling to act, and that is being paid by the Federal Government leader, under the leadership of the Sen- really the reason for the necessity for weren’t 40 percent of the cost of special ator from Pennsylvania, who is the Federal action. But the legislation has ed needs, they were only 6 percent of head of the appropriations subcommit- been modified in a number of impor- the costs. The difference, 34 percent, tee, with the strong effort of the coali- tant respects to try to give an impetus which was supposed to be picked up by tion here on our side of the aisle. for enactment. We should not await the the Federal Government, was being We have increased funding for special next tragedy on hate—whether it is di- borne by the local taxpayer. education dramatically in the last 3 rected to someone of Asian ancestry, or What was the practical effect of that? years, with no help from the adminis- someone who is Jewish, or a Muslim, or The practical effect of that was that tration. Three years ago, we put it up; a gay, or an African-American—to mo- the local tax burden was skewed and we increased special education funding tivate us to take the appropriate steps the local school districts’ ability to by almost $700 million. Last year, we and be very, very tough in the response support their educational agenda was increased it by almost $690 million. and prosecution of those offenses. controlled not by what they wanted to This year, we have increased it again Mr. President, in the absence of any- do but by their need to meet a Federal by $500 million. So we have taken the one else seeking recognition, I suggest mandate that was not being paid for by percentage which the Federal Govern- the absence of a quorum. the Federal Government—specifically, ment is paying for special education The PRESIDING OFFICER (Mr. special education. So where a local from 6 percent when we took control of COCHRAN). The clerk will call the roll. school board might have wanted to add the Congress up to over 10 percent now, The assistant legislative clerk pro- new teachers, or an afterschool pro- and it is moving in the right direction. ceeded to call the roll. gram, or a new language program, or Now, one more time this week, we Mr. GREGG. Mr. President, I ask put in new computers, they could not hear this disingenuous argument com- unanimous consent that the order for do it. Why? Because they had to pay ing from the administration that if we the quorum call be rescinded. the cost of the special education stu- are going to have good education, we The PRESIDING OFFICER. Without dents, which costs were supposed to be have to create a new program where objection, it is so ordered. borne by the Federal Government, at the Federal Government, the Presi- Mr. GREGG. I ask unanimous con- least to the extent of 40 percent. dent, and his friends at some national sent to proceed as in morning business So you would have thought that this labor union and down here at the De- for 5 minutes. ‘‘education Presidency’’—as it tries to partment of Education tell local edu- The PRESIDING OFFICER. Without proclaim itself—would have wanted to cators how to spend their dollars and objection, it is so ordered. correct that problem, would have rec- what they must spend their dollars on. The Senator from New Hampshire is ognized that as the first step in its ef- If the President really wanted to ad- recognized. forts on education, and would have ful- dress the educational needs of this f filled the underlying obligation to spe- country, he would say to local school cial needs kids and paid the 40 percent districts: I want another $1 billion, but EDUCATION the Federal Government is obliged to I want to give it back to the local Mr. GREGG. Mr. President, we have pay under the law. school districts to help them with spe- heard a lot of talk about education in What actually happened? In every cial education, and that will free up the last few days, especially from the budget that the President of the United the local school districts to be able to White House, and about adequate fund- States has sent up to this Congress spend money for what they think they ing for education. I think no item more since this Congress was taken over by need. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12539 Not every school district in this for the dollars spent for education bureaucrats in the Department of Edu- country needs more teachers. Not which we need. cation here in Washington, DC, should every school district in this country So there is the difference. set those priorities for all of the thou- has a terrible school building. Some The Republican Congress is showing sands of school districts across the school districts need more computers. the right way. We have put our money country. We do not. We believe in the Some school districts want to expand in the right programs. We have com- wisdom of school board members and in their language programs. Some school mitted to special education the huge the dedication of principals and teach- districts want to expand their dance increase in spending. I just wish the ers and parents to the quality of their programs. Some may want to expand President would join us in that. children’s education. their math programs. That decision Mr. President, I yield the floor. I want to emphasize once again, the should be made at the local level. Only f President in his budget this year asked the parents, only the teachers, only the for $31.4 billion for education. The principals really know what a local MAKING FURTHER CONTINUING budget passed by the Senate of the school district needs in order to make APPROPRIATIONS FOR FISCAL United States has $31.4 billion for edu- it a better place for kids to learn in. YEAR 1999 cation. Later, the President came back We don’t know in Washington. Mr. GORTON addressed the Chair. and asked for an additional $1.1 billion. Yet, the President and his friends The PRESIDING OFFICER. The Sen- Republicans have agreed that that $1.1 and his supporters seem to feel that ator from Washington. billion is appropriate. But in negotiations, of which I have they know best, that they can run all Mr. GORTON. Mr. President, I ask been a part, the President has narrow the school districts in this country out unanimous consent that all the debate prescriptions for the use of that $1.1 of some building down here on Con- time on the 2-day continuing resolu- billion. In fact, when I looked at the stitution Avenue. It doesn’t work that tion be yielded. statutory language that the Presi- way. The PRESIDING OFFICER. Is there dent’s people asked for, the first two If we really want to help out local objection? lines were about the appropriation of school districts, what we will do is re- Without objection, it is so ordered. $1.1 billion. All of the rest of the lan- lieve them of having to fulfill the obli- Under the order, the joint resolution guage was designed to restrict the dis- gations of the Federal Government by is passed. cretion of State and local education paying the costs of special education The joint resolution (H.J.Res. 135) agencies in connection with the spend- and free up those dollars so that the was considered read a third time and ing of that $1.1 billion, narrowly fo- local school districts can spend them passed. where they see fit, where they feel they cused on teachers, focused even more will get the best return. If we really f on teachers in the first three grades; want to help local education, what we EXTENSION OF MORNING subject to the rules and regulations of will do as a Congress and what the BUSINESS the Federal Department of Education President should be suggesting is that at every possible turn, the distribution Mr. GORTON. Mr. President, I ask we will fund the special education formula and the set of rules already unanimous consent that morning busi- needs of kids in this country to the adopted for the spending of money ness be extended until 4 p.m. with Sen- tune of 40 percent, which we committed from the pot into which this $1.1 billion ators permitted to speak for up to 5 to. is to go, according to the President. Ironically, if you take the dollars minutes each. The formal rules take up just 15 pages being proposed by the President to be The PRESIDING OFFICER. Without of regulations—perhaps 15 pages too spent on his new categorical programs objection, it is so ordered. many. But the nonregulatory guidance where he tells everybody in the coun- Mr. GORTON. Mr. President, I ask for those regulations is another 171 try how to run their school districts, unanimous consent that I may go over pages. And, of course, there would have and you add them up, in 5 years—which that 5-minute limit by not to exceed an to be additional regulations on top of is the goal that we have set as a Repub- additional 5 minutes. those, and additional guidance on top lican Congress—in 5 years, you will be The PRESIDING OFFICER. Is there of those, for this program as the Presi- at just about the 40 percent that the objection? dent has recommended it. Federal Government said it was going Without objection, it is so ordered. In its publication called ‘‘Education to spend on special education. If you f At The Crossroads,’’ the Education take those dollars and you move them Committee of the House of Representa- THE DEBATE OVER EDUCATION over to special education, you will be tives reports that there are now 760 accomplishing what we said we were Mr. GORTON. Mr. President, I can do Federal education programs, requiring going to do back in the 1970s. But, no better than to echo the eloquent re- something over 48,600,000 hours of pa- more importantly, we will be freeing marks of my friend and colleague from perwork per year—48,600,000 hours of up the local school districts to educate New Hampshire. The debate over edu- paperwork. We simply need not add to kids the way they know they must be cation today is not a debate over its that burden. Mr. President, 90 percent educated rather than the way some bu- importance. It is not a debate over the of those hours now paid for out of the reaucrat down here in Washington relative commitment of Republicans education budgets of our school dis- thinks they should be educated. and Democrats to increase the edu- tricts and of our States, 90 percent of That is the difference. That is what cational opportunities for our children. those hours could be far more profit- the debate is about. The Republicans The debate, as we have it today, is over ably spent on additional instruction for believe that schools should be operated who determines how and where that our students or the money spent on im- at the local level, that it should be the money should be spent—bureaucrats in proving the physical quality of our parents, the teachers, and the prin- Washington, DC, or the parents, teach- schools or the equipment that our cipals who make the decisions on edu- ers, principals, and elected school schools and our teachers use to train cation. Regrettably, some of our col- board members in thousands of school our children. But those moneys are leagues on the other side, and clearly districts across the United States. now spent meeting the regulations of the people down on Pennsylvania Ave- That debate is a vitally important one. the Federal Government accompanying nue, feel that they know better than In his 1997 state of education speech, the modest amount of money—some 7 parents, teachers, and principals—they Secretary Riley said, ‘‘We should not percent to 8 percent—the modest should be the ones operating our cloud our children’s future with silly amount of money that the Federal schools. arguments about Federal Government Government supplies as against the This is not a dollar fight. It is not a intrusion.’’ But that is exactly what States and local taxpayers for the question of putting more dollars in this debate is about. It isn’t silly, and maintenance and the instruction in our education. It is a question of where the it couldn’t possibly be more important. public school program. dollars go, how they are better man- Secretary Riley may feel it very nat- We, on the other hand, without a de- aged, how they can give the best return ural that he and the President and his bate with the President over the S12540 CONGRESSIONAL RECORD — SENATE October 14, 1998 amount of money to be spent on edu- The PRESIDING OFFICER. The Sen- that the expenditures are the same as cation, prefer that it be distributed ator from Wyoming. the appropriations requests. That has through an existing Federal program, Mr. THOMAS. Mr. President, I ask not always been the case. the one existing Federal program that unanimous consent that I be allowed to We need to establish a process for de- carries very few regulations with it, di- speak for 10 minutes in morning busi- veloping new parks. There are criteria rectly to the school districts of the ness. for parks and they need to be followed. United States, to be spent in the way The PRESIDING OFFICER. Without We have a proposition where there that each of those school districts feels objection, it is so ordered. would be a study to see if, indeed, that most appropriate. More teachers? Yes, f park does square with the criteria that where those school districts feel that is we have set forth. Too often, I think, PRIVILEGE OF THE FLOOR their No. 1 priority. Focused on special Members of Congress have been able to education where, as the Senator from Mr. THOMAS. Mr. President, I ask bring parks into the system to be sup- New Hampshire pointed out, we have unanimous consent that Darlene ported by Federal dollars when, frank- imposed innumerable burdens and reg- Koontz, a fellow with the National ly, they really perhaps did not meet ulations on our school districts but Park Service, be granted the privilege the criteria that they should. supply less than 10 percent of the of the floor for this afternoon’s session. The bill provides for enhanced train- money to meet those regulations? On The PRESIDING OFFICER. Without ing opportunities for Park Service em- other matters that may be more sig- objection, it is so ordered. ployees. Many of them have very spe- nificant to particular school districts f cialized jobs, very specialized work to across the country? Yes. NATIONAL PARKS RESTORATION inventory and to understand what the In discussion of this issue in the resources are and to protect them. In course of the last 24 hours with a dis- Mr. THOMAS. Mr. President, I rise my experience of working with Govern- tinguished Democratic Member of the today and come to the floor to thank ment and in this Government, I don’t House of Representatives on the com- the Senate and the House for the pas- know of an agency that has a more mittee there dealing with education, sage of S. 1693, the Vision 2020 bill, na- dedicated staff than does the Park we were told that even in that Rep- tional parks reform. I think it is a Service. They are people who are really resentative’s own district, the school great day for the Congress and for our committed to what they are doing and boards could not be trusted. This Rep- national parks. Parks are one of the committed to the preservation of parks resentative was eloquent on the tum- real resources, one of the real treasures and making them useful. We need to bled-down nature of many of the that we have in this country that I help with opportunities for training. schools in his city, eloquent on the think all of us have feelings for. There We are providing for increased sci- lack of adequate teaching in that are lots of different parks and lots of entific study and research to ensure school district, but he was totally un- different kinds of parks, but they are park resources are inventoried and willing to let the people who elected all our heritage. They are our culture. they are, indeed, protected. both him and the school board mem- I think we have known for some time There are two purposes: The first bers in his city—he was unwilling to that the parks have needed some as- purpose of the park, of course, is to allow those elected school board mem- sistance. They are more visited now maintain the resources, whether they bers to decide how this new money than ever. They are more utilized, as be cultural or natural resources. The should be used. He was convinced, for they should be, by Americans than second is to provide for its owners, the some reason or another, that they ever. The Park Service, on the other American people, to visit. One of the would ignore the condition of their hand, thinks that they are at least $10 elements of that, of course, is the con- schools and the quality of their teach- billion in arrears in infrastructure cessions that provide the services that ers and find something else to spend costs and they need to change. I think are necessary. the money on. there is a willingness to change on the We have worked at changing the con- Between that idea and ours, there is part of the Park Service. So through cessions policy and making it more a great gulf fixed. We feel that if the hard work and bipartisan compromise competitive so that new businesses can school boards are allowed to determine we forged a bill that will preserve and have an opportunity to provide them, how this money should be spent, it help protect our parks now and well to provide them more efficiently, to will, in the vast majority of all cases, into the next century. provide more of an opportunity, and to be spent more wisely than it could pos- I have a special place in my heart for pay some of the income to the park as sibly be spent under a set of one-size- parks. I grew up right outside of Yel- a means of sustaining it. fits-all regulations from Washington, lowstone Park near Cody, WY. We have We have eliminated the preferential DC, and we feel that there will be more the first park, Yellowstone, that is right of renewal so that there is com- money in the schools because less of it more than 125 years old now, also petition for those services as they are will be used for this 48-plus million Grand Teton Park, which is, of course, renewed. hours of filling out paperwork. a spectacular and unusual place, Dev- We have authorized the new national Those are the two principal reasons il’s Tower. So parks are very much a park collectible passport which pro- for our perspective on this issue—a part of the West. They also are very vides an opportunity for supporters of trust in the dedication of the parents much part of the rest of the country. a park to pay a little something and to and teachers and principals and super- Right here in Virginia, last week my have in their car window or their house intendents and school board members wife and I went to Philadelphia, Inde- window this attractive passport that to the education of the children com- pendence Park, one of the great treas- will allow us to help support the parks. mitted to their care, and to the belief ures of our history. So I am very We provide for increased philan- that the less the paperwork, the fewer pleased with this legislation and I thropic support for individual units to the regulations, the more dollars that think it will be helpful. help Friends of Yellowstone, for exam- can get actually into the classroom. Let me mention a few of the major ple, to raise money, and they raise sig- That may be the last major issue sep- provisions of S. 1693. First, it requires nificant amounts of money for parks. arating us from the President in com- the Department to develop a strategic We have authorized some studies for ing up with an overall omnibus budget plan and comprehensive budget for the the Park Police which is necessary. We and allowing this Congress to finish its individual units. It is a large business. have some 400 Park Police right here in work. But it is an issue of profound im- The budget is $1.2 billion. So there has the Capital who have large responsibil- portance to every American—our stu- to, now, in addition to the manage- ities. dents and our parents and all other ment of resources, be management of a These are some of the changes that Americans who wish to bequeath to large financial issue. We need plans. we have worked at. This is the first their children and their grandchildren We need a Park Service that has trans- time in 18 years that we have had a ge- an even stronger America than the one parency in terms of its plans and in neric parks bill that is designed not to they inherited from their parents. terms of its budget. There needs to be deal with some specific park but rather Mr. THOMAS addressed the Chair. a budget. There needs to be assurance to deal with the whole idea of a system October 14, 1998 CONGRESSIONAL RECORD — SENATE S12541 that will preserve and strengthen the Finally, I thank the staff, of course, National Park System to ensure that parks. It is the culmination of more at all levels in the Senate, in the com- only those areas of truly national sig- than 2 years of work by the sub- mittee, particularly my personal asso- nificance are authorized. committee. We have had hearings coast ciates: Liz Brimmer, my chief of staff; Mr. President, the original bill to coast. We have been in Colorado. We Dan Naatz, legislative director; Jim passed by the Senate contained new fee have been out in San Francisco. There O’Toole, who is the director of the authorities which would have allowed are many different kinds of parks. We committee staff; and Steve the actual users of the System to had the same reaction at the hearings: Shackelton, a fellow, who worked shoulder more of the responsibility to that there needs to be more resources; originally with us on the bill. decrease the $8 billion dollar back-log they need to be managed better; we I wanted to come to the floor to say in maintenance and infrastructure re- need to have more support; we need to a couple of things. One is, I am very pair needed in our parks. Unfortu- deal with gateway communities; and pleased we passed this. I think it is nately, the other Body decided to de- have better communications. I think going to help parks. lete these provisions from this legisla- these things will be strengthened. We Second, I am impressed with the sys- tive package. I regret this decision; passed a bill that, I think, will do much tem when we really do work together however, I want you to know that the of that. and cooperate to come up with some- Committee on Energy and Natural Re- I want to take a moment to thank thing that is a compromise and reach sources is going to address the fee sys- some of the people who were involved. the goals with which we began. tems for all of the agencies under our We hear a lot about the difficulty of Mr. President, I thank you for the jurisdiction early in the next Congress. passing legislation, and it is difficult. time and say, again, I am very pleased There are needs to be met and prob- Everyone has, legitimately, different we were able to bring this to passage in lems to be resolved in this specific ideas about how things ought to be the Senate. arena. done; indeed, philosophies of how they f Senator THOMAS came up with a park might be done. The media, of course, passport and stamp as an entrance pass VISION 20–20 LEGISLATION emphasizes the conflicts that we have, to our National Parks. The winning de- and we have conflicts. Here, although Mr. MURKOWSKI. Mr. President, sign of the stamp will be through a most everyone will agree with parks, today is a historic day for the Con- competitive process each year, a simi- there are conflicts about how we re- gress, the National Park Service and lar process to the popular Duck Stamp solve these things. the American people. After two years that we are all familiar with. It’s a I am so pleased we had an oppor- of intense negotiations, hearings from great marketing tool and should in- tunity to come together with people on coast to coast, and a great deal of hard crease revenues. Along that same line both sides of the aisle, with people in work I am pleased to inform my col- we are directing the National Park the administration, with people in the leagues that we have National Park Foundation to assist other park friends Congress. No one got everything they Service Reform. groups. The Foundation possesses a wanted. We had to make concessions. More importantly, after eight years great deal of expertise in fund raising We had to make changes, give up some of disagreement, and as part of the Na- and philanthropic activities. Sharing things, add some things. But that is tional Park Service reform package, that expertise will benefit hundreds of the way the legislative process has to we have achieved victory; we have parks across this Nation. work. come together in true bi-partisan fash- We also direct the Secretary and pro- I particularly thank Senator MUR- ion, and we have reformed the manage- vide him the authority to lease unused KOWSKI, the chairman of the Energy ment and administration of concession Park Service buildings and enter into and Natural Resources Committee, for operations in the National Park Serv- expanded cooperative agreements in all of his guidance on this legislation. ice System. the hope that the private sector will Without his help, of course, we Under this legislation, and in addi- take advantage of occupying and main- wouldn’t have had this bill before the tion to concession reform, we have pro- taining some of these unused struc- Senate. The chairman went out of his vided the National Park Service with tures, thereby off-setting expenditures way to ensure that negotiations stayed increased opportunities, in cooperation by the Service. on track. As you know, Alaska has with colleges and universities, to con- Mr. President, Senator THOMAS, Sen- some unique things. He helped to make duct scientific research in our parks so ator BUMPERS, Senator BENNETT, and this thing work. that in future years resource manage- Secretary Babbitt entered into nego- I also thank Senator BUMPERS, the ment decisions can be based more on tiations on concession reform. The end ranking minority member of the com- sound science as opposed to emotion result is before you today. All of these mittee. I know personally that he has and guess work. gentlemen deserve our congratulations worked on some of these things. He has We direct the Secretary of the Inte- and thanks for the time and energy worked on the issue of concessions in rior to develop a comprehensive train- each put into the effort. particular for at least 10 years. He ing program for employees in all pro- This bill is a direct result of discus- made some concessions on this issue. fessional careers in the work force of sions amongst the House and Senate Without him, frankly, we wouldn’t the National Park Service to ensure Committees, representatives of the have a bill, particularly over in the that personnel have the best, up-to- concession industry, and other interest House where he worked at it. I just say date knowledge, skills and abilities groups. It reflects, I believe, a fair and to the Senator from Arkansas that I with which to manage, interpret and just resolution of some issues about really appreciate his help and appre- protect the resources of the National which there is legitimate disagree- ciate the attitude that he brought here Park System. ment. The recent amendment offered to this debate. As we all know the management and by Representative MILLER alters the I thank Secretary of Interior Bruce administration of parks is becoming terms of that agreement to some de- Babbitt. It is no secret that we don’t more complex. We require managers gree, but it remains a piece of legisla- always agree with a lot of things, like who are fully prepared to take on the tion I can still support and endorse. public lands. Bruce Babbitt worked as challenges that the next century will However, I do think the amendment hard as anyone could be asked to work. offer. The Secretary is directed to de- does give rise to a need for some clari- He came from California to work with velop a training program which will en- fication. our staff on this. He helped form a sure that future park managers will Protection of the existing possessory compromise. come from the cream of the crop and interests of concessioners is an impor- Also, I thank Assistant Secretary will be fully prepared to assume the re- tant element of this legislation. Don Barry—these folks worked very sponsibilities that management and ad- Possessory interest is a significant and hard—as well as BOB BENNETT. There is ministration of multiple park pro- valuable right. It reflects the capital a whole list of people. Over in the grams will demand. investment of the concessioner. It was House, JIM HANSEN and Chairman DON We have established procedures for one of the foundations on which the YOUNG worked very hard as well. the establishment of new units of the 1965 Concessions Act was built and it S12542 CONGRESSIONAL RECORD — SENATE October 14, 1998 can not be simply eliminated. The con- Mr. HARKIN. Mr. President, I ask recommendation for the Department of cessioners are entitled to the protec- unanimous consent that the order for Education is $34.4 billion. That number tions which the 1965 Act promised. the quorum call be rescinded. is likely to increase as a result of the For those reasons I think we must The PRESIDING OFFICER. Without negotiations on the final bill. make clear what the Miller amend- objection, it is so ordered. So then I said, ‘‘OK, how much does ment does not do. In authorizing the Mr. HARKIN. Mr. President, I under- the Department of Education spend ad- Secretary to, in the future, alter the stand we are in morning business. I ask ministering these programs?’’ Well, treatment of possessory interests, it unanimous consent that I be allowed to here is the line item. It is right here in does not empower him to do what Con- speak for the next 15 minutes uninter- the book. You do not have to go very gress has specifically chosen not to do, rupted. far. General Departmental Manage- by which I mean deny those conces- The PRESIDING OFFICER. Is there ment: $101 million. Well, I am not the sioners the value of their existing objection? Without objection, the Sen- best at math, but I tried to figure this possessory interest. Regardless of what ator from Iowa is recognized. out. And as best I can come, that is less the Secretary may ultimately decide, Mr. HARKIN. I thank the President. than one-half of 1 percent of the total those existing possessory interest will f money that we appropriate to the De- partment of Education goes for admin- remain a valuable and legally pro- EDUCATION tected right for which concessioners istration—less than one-half of 1 per- must be compensated. They will re- Mr. HARKIN. Mr. President, as a cent. main entitled to see their investment member of the Appropriations Commit- I then asked my staff to find out how protected and to receive the benefit of tee and as the ranking member on the much of was spent for administration their bargain. Labor, Health and Human Services, at the State level. And that is about 2 Mr. President, on another point, we and Education Subcommittee of the percent. So 2.5 percent of all the money have just received a GAO study that Appropriations Committee—my chair- we take in that we give the Depart- tells us that many of our existing con- man is the distinguished Senator from ment of Education goes for administra- cession facilities are below standard Pennsylvania, Senator SPECTER—we tion; therefore providing 97.5 percent to and deteriorating. Visitors to our have been involved, as I am sure every- local school districts and students. parks should not expect to stay in a fa- one knows, in a lot of negotiations over That is right; out of every $1 that goes cility that cannot pass the minimum the last several days regarding the edu- to the Department of Education, 97 requirements that apply to those ho- cation portion of the bill. There are cents-plus goes out to schools and to tels and motels on the borders of our some other items there also, but basi- students. Where the heck that 37-cent figure, parks. On that note, and as I have pre- cally on education. that the Senator from Texas had, came viously stated the negotiations that After reading some of the newspaper from, I have not the foggiest idea. I lead to this compromise were difficult accounts and listening to some of the have his comments. I still do not un- to say the least. Each had to come speeches on the Senate floor, I can only derstand where he got that figure. The across the table, no one got everything come to the realization that perhaps only thing I can expect is that maybe they wanted except the American peo- the American people are a little bit he did not take into account Pell ple, and they got a lot. confused now about what is going on. I grants that go directly to students that The provisions of this compromise respectfully submit that may be the are paid to schools. I do not know. mean that we will have the expertise of point of what is going on—to try to Whatever the reason is, that is not the the private sector to assist and advise confuse the American people. I am correct figure. It is not chewed up in the National Park Service in the man- going to try to set the record a little bit straight here, in my limited administration. agement and administration of conces- The documentation is right here in sion operations. I am confident that amount of time. I was in my office a little while ago black and white in the committee re- under this scenario concession oper- port. It just seems that all we have is ations have no where to go but to listening to the Senator from Texas talk about education. He had a chart. we just have a lot of rhetoric around produce better quality services. here and somehow we are supposed to He went on to say that only 37 cents of The private sector will be more than take the rhetoric for substance. every dollar that comes in here, I think glad to provide major investments in The substance is there. It is not a se- new and existing facilities because in the Department of Education, actu- cret. You can find out how much goes they are able to maintain a financial ally gets back out to the local schools. for administration, and it is not as Having been involved both on the au- interest in the properties. There is a much as the Senator from Texas said. great incentive for the operators to thorizing committee for now 14 years Fully 97 cents of every dollar that goes maintain their facilities and infra- and on the Appropriations Committee, to the Department of Education goes structure to the highest standards pos- an equal amount of time on Education, out to schools, goes out to students. sible. If they don’t, the provisions pro- I was quite astounded by this figure be- Again, it seems now that what I am vide for a decrease in the dollar cause I never heard this figure before. hearing is that the Republicans, in the amount of interest they are entitled to So I decided to go back and find out ex- negotiations, are saying that they are receive. actly what were the facts. going to match us dollar-for-dollar, but Finally, concession operators will be So I guess the best place to look is in they just want to throw the money out paying more in fees which go back to the committee report, compiled not by there in the Title VI block grant to the the parks. the Democrats but by the Repub- States, so they can do with it basically Mr. President, I personally want to licans,—by Senator SPECTER for the what they want. So the sort of hue and thank Senator THOMAS for the extreme Committee on Appropriations. Of cry is ‘‘We’ll give money to the States effort that he has put forth in this en- course, I will say this, and most grate- and let the States do what they want.’’ deavor. In my years in the Senate I fully say, he and his staff have worked There is a better way. To deal with have never seen a Senator work harder very closely with me and our appro- class size, the President has an initia- on this contentious issue. He has done priations staff in putting out this re- tive to hire 100,000 teachers to reduce the impossible. port. class size in this country. The Presi- And, last but not least, I want to say So I looked in the report, to check on dent and those of us on this side of the thank you to the Committee staff, for administrative costs for the Depart- aisle, what we want to do is put that the hard work, the lost weekends, the ment of Education, because I never money through title I reading and evenings and for the great work. heard that figure, 37 cents. I thought, math program to reduce class sizes. I Mr. THOMAS. I suggest the absence ‘‘Boy, if that’s the truth, I might join am told the Republicans want to send of a quorum. the Senator from Texas in this argu- it out through the Title VI block The PRESIDING OFFICER. The ment.’’ So I looked it up. In this re- grant. clerk will call the roll. port—this is the document right here; Again, I am sure that the American The bill clerk proceeded to call the big and thick, has a lot of numbers in people watching me speak here are say- roll. it, very boring reading—the committee ing, ‘‘Gobbledygook, Title I, Title VI, October 14, 1998 CONGRESSIONAL RECORD — SENATE S12543 so what?’’ Well, so what is a big dif- new technology, to help fix up crum- We passed the Higher Education Act; ference in whether more money gets bling schools, the States then have to we reauthorized the vocational and out to the students or not. put it back on the local jurisdictions, technical education bill; we expanded There is a big difference. For exam- and they have to raise property taxes. the Federal Charter Schools Program. ple, in title I, we have a cap by law That is why the property taxes seem to Senators on both sides of the aisle brag that says that no more than 1 percent be going up all over this country. about this. How can you brag about it of the money that goes out to Title I So I always say to people, if you in one breath and turn around and say can be used for administration at the want property tax relief, the best thing that we have to turn over all the State level. One cent of every dollar, is to get the Federal Government back money to the States? I am a little con- that is all, no more; so that 99 cents ac- up to where we were in 1980. You do fused about that. If you are proud of tually gets to the schools and the stu- that and you will find out we will be the vocational and technical education dents. able to fix our crumbling schools, we and the fact that the Federal Govern- However, under Title VI, 15 percent will be able to hire 100,000 teachers and ment has supported it and we just re- of the money that goes out to the reduce class size, we will be able to authorized it, how can you then turn States is held at the State level; 15 wire the schools for the Internet, and around and said we shouldn’t do any of cents out of every dollar is held at the get the technology these kids need at this? State level. The remaining 85 cents an early level. There is a role, a limited role, for the then goes out to the school districts. Mr. President, if we had just held Federal Government, but a very power- Title I is more efficient and will get constant from where we were in 1980 to ful and important role. I believe this more resources into the classrooms and today—do not increase but do not de- Congress is turning its back on its re- schools—99 cents of every dollar, to ac- crease; simply held constant—the Fed- sponsibilities, unless in the closing tually hire the teachers and reduce eral Government’s share of elementary days of this session we can get an class size. What the Republicans are and secondary education would be agreement to provide resources to re- saying is, turn it over to the States. about a 44-percent increase. We would duce class size and fix our crumbling They keep 15 cents and send only 85 be providing an additional $10 billion schools. We need the money in there cents to the schools. more each year our local schools. And right now so the kids don’t have to go So I submit, Mr. President, that if any way you cut it, that spells prop- out in trailers in the back of the school you really want to cut administrative erty tax relief. That spells more tech- to learn. costs, if you want to get the most nology for our schools. I hope in the closing days we will be money out there to get the most bang If I might digress just a moment, able to get the education funding that for the buck, let’s put the money in there are some who think that our kids we need. Title I and not the Title VI program. in elementary school have to learn the f There seems to be another strain basics first and then they can get on to CHILD LABOR going on around here and that is that computers. There are some who say Mr. HARKIN. Mr. President, I turn ‘‘the Federal Government is doing too that what our kids need is a No. 2 lead my attention to another issue that is much in education. The Federal Gov- pencil and a Big Chief tablet; they closely akin to education, an issue I ernment should do less. We have got learn that first, and then they can go have been working on for a long time, leave this to States and local commu- into computers. They fail to recognize one which has come to the front now nities.’’ that the No. 2 lead pencil and the Big because of all the negotiations going I would be the first to defend and the Chief tablet of today are the desktop on. That is the issue of child labor. last person standing in defense of the computer. In January of this year, my staff, right of local jurisdictions to control I know the occupant of the Chair is a Rosemary Gutierrez, and I traveled to their schools. That does not mean that little bit younger than I am, but when Nepal, Bangladesh, India, and Pakistan the Federal Government does not have I was a kid in a two-room country to look at the issue of child labor. a role to play in helping those schools. schoolhouse in rural Iowa back in the While we were in Nepal, the exotic city I believe it does; a significant role. And 1940s and early 1950s, we had a black- of Katmandu, I met with a young man we have owned up to that over the board and a piece of chalk. That was who had been a former child laborer. years. But to say that the Federal Gov- our computer. We used that blackboard He told me about the awful conditions ernment is doing too much, I think, is and a piece of chalk; we had our Big that were in some of these countries, to ignore what we have done in the Chief tablet and No. 2 lead pencil. That yet the official government line is, past. might have been OK for my generation. there is no child labor; it is prohibited. In 1980—of every dollar that went for It is not OK for this generation; it is On a Sunday evening, right after it elementary and secondary education in not OK for the kids today. It is not got dark, about dusk, we got into an America, for every dollar that went something they use after they get unmarked car—the former child la- out, the Federal Government provided smart, it is something they use to help borer, a driver, my staff person, and I— about 10 cents. So about 10 cents of them learn smart, to understand what and drove to the outskirts of Kat- every dollar that went out for elemen- we are going to need in the 21st cen- mandu to a carpet factory. It was tary and secondary education came tury to meet our needs. thought by my host, this young man from the Federal Government. That We could have that if the Federal who had been a former child laborer, was 1980. Government would meet its obliga- that the owner of the factory was not To those who say that today, in 1998, tions, if we just held constant where we going to be there. He kind of knew the the Federal Government is doing too were in 1980. That is what we are trying guard at the gate and said we could get much in elementary and secondary to do. We are trying to support the through. So we drove out to the out- education, I point out that from that President’s goal of reducing class size skirts. Sure enough, there was a gate, point in 1980 to now the Federal Gov- and getting 100,000 teachers out there. there was a wire fence. The guard let ernment is only providing about 6 per- We are trying to support the President us through. We went up, and the young cent of the money for elementary and in his goal of getting money out to man talked to him in Nepalese, since I secondary education. In other words, in help fix our crumbling schools, so the don’t speak Nepalese, and we were let the intervening 18 years, the Federal kids don’t have to go out and learn in through. role in support of elementary and sec- trailers, so we don’t have 30 to 35 kids What was on the outside of the gate ondary education has been cut by al- in the class but something like 18 or 19, before we entered? This sign right here, most. at the maximum, in any class. in Nepalese and in English. This is the I always tell my constituents in Last, we hear all the speeches about sign; I took this picture with my cam- Iowa, and other places, obviously, you turning the money over to the States era. The brick wall states: wonder why your property taxes are and let them decide how to respond. Child labor [sic] under the age of 14 is going up. That is why. In order to keep That all sounds good. What about all of strictly prohibited. the schools up and to meet their con- the bipartisan accomplishments that Right on the gate it says this. I took stitutional requirements to provide for we also hear about in this Congress? the picture. We went through a gate, S12544 CONGRESSIONAL RECORD — SENATE October 14, 1998 down a long hallway, turned left; there However, this was only a 1-year pro- the telephone with the chairman of the were doors; we opened the doors and vision. It was on an appropriations bill. Finance Committee last week. I asked walked in. But it passed. It was supported by the why this noncontroversial provision Remember: House and Senate. But it only lasted 1 couldn’t be put in. I don’t know that Child labor under the age of 14 is strictly year. That year is now up. That provi- anyone would come to the floor and ob- prohibited. sion no longer is valid because it was ject to taking the Tariff Law of 1930, Here are some more pictures I took. only good for 1 year. which forbids the importation of goods These are kids working at the looms. In order to ensure that goods made made by forced and indentured labor, We asked our host to ask them their with forced and indentured child labor and adding the words ‘‘child labor,’’ so ages. We have a boy here who is 9 and are treated the same as goods made that forced and indentured labor would a girl about 12. That is just two of with forced or indentured adult labor, cover forced and indentured child them. This place was loaded with kids we need to change the law perma- labor. Would someone come to the that age, working on a Sunday at 7 nently. Well, this summer, the Senate floor and say, OK, we have to keep ev- o’clock in the evening; it was getting approved my amendment to reflect the erything out of this country made with dark. They are still working full-time intent of Congress to include forced forced and indentured adult labor, but in dirty, dusty conditions, making and indentured child labor under this if you have forced and indentured child these carpets. umbrella. My amendment was quite labor, that’s OK, we will bring it in. Here is another picture I took. Again, simple. The Tariff Act already says Does anybody want to come to the don’t tell me these are phony pictures. that goods made with forced or inden- floor and make that argument? I doubt I took them with my camera. I was tured labor are prohibited from enter- it. I don’t think anybody would want to there. More kids are working at their ing the U.S. market. I included the make that argument, because it looms—kids, 11, 12, 13, 10, 9 years old. words ‘‘forced and indentured child doesn’t make sense. I think we are all And I have other pictures. I had my labor,’’ so there is no ambiguity in the fairly reasonable people around here. staff take a photo with me included statute’s interpretation. So I would like to get my amendment with the kids to show that I was there. Unfortunately, my amendment was on the tariff bill—an amendment that, Again, there are other kids—not the struck from the bill during conference as I said, passed both Houses—it passed same kids—other kids in the same because Members did not feel a tariff this body twice—and has been in effect place, all of whom basically are under measure belonged on the defense au- for one year. I didn’t hear any hue and the age of 14—there were some older, I thorization bill. I was told to find a cry from anyone. As far as I know, I admit, but a lot of them under the age more relevant measure. Well, I have it. never had one corporation, one busi- of 14, working. Congress is considering a tariff meas- ness, one importer yell about it or say What we are trying to do is do some- ure, H.R. 4342, the Miscellaneous Tariff that ‘‘this is awful that we are keeping thing about the issue of child labor. and Technical Corrections Act of 1998, goods out made with forced and inden- What can we do? In 1930, Congress which passed the House on August 4. It tured child labor.’’ My amendment passed what was infamously known as has a lot of provisions in it. There is gives our Treasury Department, our the Smoot-Hawley bill. Aside from the page after page after page of technical Customs people, is a permanent law bad things Smoot-Hawley did in terms corrections to the tariff laws. Exam- whereby it would say, in unambiguous of restricting trade, there was section ples: Over 100 provisions that would terms, forced and indentured labor 307, which is part of the law today, suspend or reduce the tariff applicable means forced and indentured child which has been in existence since 1930. to certain specified products, most of labor, also. I will read the first sentence: these being a wide variety of chemicals Now, could there be an objection that All goods, wares, articles, and merchan- and organic pigments, including a tem- costs money? Well, I have an opinion dise, mined, produced or manufactured, porary suspension on the duties for a here from CBO, from back on July 16 of wholly or in part, in any foreign country by variety of HIV medications and this year. convict labor or/and forced labor, or/and in- anticancer drugs and other trade-relat- dentured labor, under penal sanctions, shall The PRESIDING OFFICER. The time ed provisions—hundreds of provisions. of the Senator has expired. not be entitled to entry at any of the ports Here is the report. As you go through of the United States, and the importation Mr. HARKIN. Mr. President, I ask thereof is hereby prohibited, and the Sec- it, there is page after page, including things like pigment yellow No. 151, pig- unanimous consent for another 10 min- retary of the Treasury is authorized and di- utes. rected to prescribe such regulations as may ment yellow No. 175, chloroacetone, be necessary for the enforcement of this pro- benzenepropanal. Section 2143, textile The PRESIDING OFFICER. Is there vision. machinery. Section 2144. Here are some objection? It covers forced and indentured labor. things and chemicals I can’t even pro- Without objection, it is so ordered. We have prohibited that ever since. nounce that are being changed here. A Mr. HARKIN. Mr. President, I hope A couple of years ago, I made an in- lot of chemicals. Here is 4- not to even take that long. Here is the quiry of the Department of the Treas- hexylresorcinol. I don’t even know analysis from CBO on my amendment: ury. I asked if any items made with what it is. ‘‘This proposal would not affect direct forced or indentured child labor had My point is this: There are hundreds spending or receipts, so there would be been prohibited from entering the of tariff changes in this bill. This is a no pay-as-you-go scoring under section United States under this section on tariff bill. My amendment on child 252 of the Balanced Budget Act.’’ forced labor. To my surprise, the an- labor amends the Tariff Act of 1930—a There you are. It doesn’t cost any swer was no. Furthermore, the Depart- tariff measure. So we have the right money. It has no effect on the budget. ment of Treasury was not sure whether vehicle. But, Mr. President, because It has been passed. All I want to do is or not forced or indentured child labor the House passed it on suspension, it get it added to this bill and, since I was included in the definition of came over here and it was never didn’t have a chance to offer it as an ‘‘forced or indentured labor.’’ brought out on the floor for debate so amendment, I only have one recourse. I This is outrageous. The law says that I could offer this amendment—an put a hold on the tariff bill. I don’t ‘‘forced or indentured labor,’’ but we amendment which is noncontroversial. want it to pass by unanimous consent. don’t know if it covers kids. It passed the Senate twice, and passed Am I opposed to the tariff bill? No. I Last year, during consideration of the House once. It has been in effect for assume everything in it is fine. It has the fiscal year 1998 Treasury-Postal ap- one year because it was on an appro- all been cleared. The chairman of the propriations bill, I inserted a provision priations bill. I just want to get an Finance Committee assured me that it which instructed the U.S. Customs amendment to the tariff bill to indi- has been cleared by everybody. I don’t Service to block from entry into the cate that forced and indentured labor know every section and title, but I as- United States any imports made by includes forced and indentured ‘‘child’’ sume it’s all right. I want the oppor- forced or indentured child labor as they labor. tunity to put this into permanent law are inherently imports made with Well, I don’t know why we can’t in- on a tariff bill. I don’t know when the forced and indentured labor. clude it. I did have a conversation on next tariff bill will come across the October 14, 1998 CONGRESSIONAL RECORD — SENATE S12545 Senate floor. I don’t believe this lan- very hard to solve the problems of this Mr. President, I want to close on the guage can be held hostage simply be- country. one note—the one area in which DALE cause the Senate didn’t do its work. He has been a close friend, a person has devoted so much of his time and ef- The House passed this on August 4. We of immense common sense. When it fort, along with Betty on protecting had plenty of time to take it up here, comes to helping farmers, seniors, our children from illnesses and diseases but we never brought it up. So I am working people, and children there is that have ravaged kids since time im- left in the position of having to do no better person to have as an ally memorial. something that I don’t like to do, than DALE BUMPERS. He stuck to what No one has fought harder for child- which is to put a hold on the bill and he believed. He had the determination hood vaccinations, and to make them not give my consent to pass the bill by to get the job done with a strong com- universal, affordable, and accessible unanimous consent, unless we can get mitment to the people of Arkansas. He than DALE and Betty Bumpers. this amendment added. An amendment, is certainly one of the finest orators So in recognition of their contribu- which I swear, I would like to know and debaters this Chamber has ever tions, the Appropriations Committee, one person that could come over here seen. He has led the fight in the Senate on which DALE served, voted unani- and argue against it. I don’t think you against government waste. mously, Republican and Democrats, to could find such a person. I loved to listen to his speeches on name a new vaccine facility at the Na- So I see no reason why it can’t be that $12 billion boondoggle called the tional Institutes of Health after Sen- added. It’s time that we say about kids superconductor super collider. And he ator BUMPERS and his wife, Betty. This what we said in 1930—in 1930—what we won. Unfortunately, we wasted a lot of new facility, now under construction, said about adults. This Congress said money on it. But, the people finally will be named the ‘‘DALE and Betty that no goods, no merchandise, or any- came to their senses and saw it as the Bumpers Vaccine Research Facility.’’ thing that is mined by forced or inden- boondoggle that it was. As I said, DALE has been our resident tured labor can come into this country. I wasn’t in the Senate at the time. I expert on immunization since early in was in the House working to kill that his Senate career. He has been a tire- Here we are, 68 years later, and we other boondoggle called the Clinch less advocate for funding to purchase can’t add the words ‘‘forced and inden- River breeder reactor. Boy, you would vaccines and provide the public health tured child labor.’’ Nonsense. I hope that those who are think at that time it was the most im- system with the resources necessary to portant thing to civilization that we working on the tariff bill would be so deliver those vaccines to the children built that breeder reactor. But finally kind as to include this amendment so who are most in need. He advocated a people came to their senses, and we that we can take away any ambiguity, grant incentive program in the Senate stopped it. And we are better and we clean it up once and for all, and pro- that the Appropriations Committee has are stronger because of it. We saved hibit the importation of goods made used each year to reward States that billions of dollars that would have been with child labor. have been successful in preventing un- wasted. DALE led the fight on that in necessary diseases. f the Senate. So there have been a lot of tributes TRIBUTE TO SENATOR DALE He has led the fight against other that have been paid to DALE. But, the BUMPERS OF ARKANSAS wasteful spending such as star wars most lasting tribute will be his and and the space station. Mr. HARKIN. Mr. President, I want Betty Bumpers’ name on that research I believe that he has finally brought facility at NIH because, that is truly to take a few minutes to talk in as home to the American conscience the glowing terms as I can about a great where his heart has been in making issue of mining interests and the abuse sure that kids in places like rural Ar- friend, a great Senator, and a person I of our public lands and the fact that we have admired both as a Senator and as kansas and rural Iowa, and all over need to update our laws. America—including our inner cities— a plain good person for all the years I Anyway, with a common sense ap- have been in Washington. And he is to make sure they have a healthy start proach he has been a strong ally on the in life by getting immunized. To me leaving us. He is retiring at the end of Appropriations Committee where we this session. I am speaking about per- that says it all about DALE BUMPERS. need that kind of common sense ap- We are going to miss him. I hope that haps the epitome of what I believe to proach. be a good Senator, and that Senator is he doesn’t go too far away. I for one On the Agriculture Committee, he look forward to his continued advice DALE BUMPERS of Arkansas. placed the needs of America’s rural and counsel as I serve out my career in I am really going to miss him, and communities at the top of the national this country is going to miss him as the U.S. Senate. debate including rural housing and Mr. President, I yield the floor. well. So will this Chamber. He is truly rural economic development. He has Mr. JEFFORDS addressed the Chair. one of the finest Senators to have ever been the strongest fighter for protect- The PRESIDING OFFICER. The Sen- graced this body. He has done so many ing the environment. On the Clean Air ator from Vermont. good things over the years. It is hard to Act, and Clean Water Act, DALE BUMP- Mr. JEFFORDS. I ask unanimous know where to begin. ERS has been in the forefront of Ameri- consent to proceed in morning business I know he started out as someone in ca’s fight to keep our country clean. for 10 minutes. the Marine Corps. As a Navy person I As the National Journal put it, DALE The PRESIDING OFFICER (Mr. will not hold that against him. I can BUMPERS is the Senator to whom THOMAS). Without objection, it is so or- overlook that. But then he came back ‘‘other Senators pay attention.’’ dered. to Arkansas and practiced law, had a In numerous polls of Senate staffers, f small business, and even raised some DALE BUMPERS has consistently ranked cattle. He had good practical experi- as one of the best liked Senators. THE WORK INCENTIVES ence, and knows the people of Arkansas So we are going to miss him when we IMPROVEMENT ACT OF 1998 and he knows the people of this coun- start the 106th Congress in January. Mr. JEFFORDS. Mr. President, we try. The people of Arkansas rewarded We are going to miss DALE and his elo- must pass the Work Incentives Im- that—first as Governor, and now fin- quence, his determination and his provement Act of 1998 in this Congress. ishing his tenure as a Senator. He was stick-to-itness. It seems like so long ago that when elected by more than 60 percent of the So to the entire Bumpers family, we introduced bill, I remember Bob vote in the last two terms. DALE and Betty, their children—Brent, Dole, who has been a hero with disabil- Senator BUMPERS came to the Senate Bill and Brooke—and their five grand- ities over the years being a disabled at the same time I came to the House children, I want to extend my grati- man himself, coming forward to us in 1974. For 24 years he has been here. tude, and the gratitude of the citizens with this legislation, or to help on this Someone said once about Senators in of my State, that I am so proud to rep- legislation, and told his life story, and general that some Senators come here resent, for loaning DALE to us for the how incredibly important it was for to coin a phrase, or coin a slogan, and past 24 years. America is a much better him as an individual to be able to get think they have solved the problem. place because of DALE’S service in the back into the workforce. As we all But not DALE BUMPERS. He has worked Senate. know, he did that so successfully. S12546 CONGRESSIONAL RECORD — SENATE October 14, 1998 I am now watching carefully as we between 1989 and 1997, and this number has taken us so long to get to this pre- struggle to come to the end of this ses- will continue to grow by a rate of cious moment. Let’s make it count. sion, and know that one of the bills about 3 to 6 percent a year. Let us deliver, and let us deliver now. that is lying there waiting to be passed If just 1 percent of these beneficiaries Mr. President, I yield whatever time is the Work Incentives Improvement were to become successfully employed, I have and I am now ready to proceed. Act of 1998 on which the former Sen- savings in cash payments would total I make a point of order that a ator, Leader Dole, worked so hard. $3.5 billion over their lifetime for that quorum is not present. This legislation addresses the last re- 1 percent. The Work Incentives Im- The PRESIDING OFFICER. The maining barrier to true independence provement Act is a credible, viable so- clerk will call the roll. for individuals with disabilities. We lution in terms of both fiscal respon- The legislative clerk proceeded to must act now. For years, both here and sibility and personal responsibility. call the roll. in Vermont, individuals with disabil- The Work Incentives Improvement Mr. JEFFORDS. Mr. President, I ask ities have said to me, ‘‘Senator Jef- Act gives States discretion to offer unanimous consent that the order for fords, I want to work. But I cannot af- health care benefits to individuals with the quorum call be rescinded. ford to.’’ disabilities on the Social Security rolls The PRESIDING OFFICER. Without It took me a while to fully under- when their earned income exceeds that objection, it is so ordered. stand and appreciate what they were now in the Social Security Act. As a saying. Simply put, the current system result, more of these individuals will f of cash payments and health care cov- work and will work for more hours. The legislation allows States to im- erage in the Social Security Act do not MESSAGES FROM THE PRESIDENT encourage individuals with disabilities pose cost-sharing obligations on these to work, or to work to their full poten- individuals. The legislation would cost Messages from the President of the tial. Common sense is on our side with $200 million a year over a 5-year pe- United States were communicated to regard to Social Security reform. Our riod—a small price to pay when you the Senate by Mr. Williams, one of his country has succeeded in providing consider this legislation has a poten- secretaries. Federal and State support for children tial to turn 8 million individuals into EXECUTIVE MESSAGES REFERRED and adults with disabilities through taxpayers. There ought to be a sub- As in executive session the Presiding the Individuals with Disabilities Edu- stantial gain—no cost. The legislation Officer laid before the Senate messages cation Act, the Americans with Dis- includes offsets to pay for it. from the President of the United The legislation includes Representa- abilities Act, and recently the Work In- States submitting sundry nominations tive BUNNING’s ‘‘Ticket to Work’’ bill vestment Act of 1998. which were referred to the Committee that will give people with disabilities But although our Nation has shown on Labor and Human Resources. more choices when they need job train- its commitment to prepare children (The nominations received today are ing before going to work. and adults with disabilities for work— printed at the end of the Senate pro- All major disabilities organizations ceedings.) in fact, in the work incentive bill I re- support the Work Incentives Improve- ferred to, we have the Rehabilitation ment Act but will not support the en- f Act reauthorization there; we put it in actment of the ‘‘Ticket to Work’’ the Workforce Act to bring closure, to alone. They have to come together. bring together all of these bills that Many of our colleagues in the admin- REPORT OF AN AGREEMENT WITH help people to work—we have condi- istration support this legislation. I es- THE REPUBLIC OF LITHUANIA tions that, unfortunately, do not allow pecially want to thank my friend Sen- CONCERNING FISHERIES OFF or encourage those individuals with ator GRASSLEY for his support in these THE COASTS OF THE UNITED disabilities to work. important last weeks. STATES—MESSAGE FROM THE If someone told you, ‘‘Look, you can The insurance industry fully sup- PRESIDENT—PM 162 work, but if you earn over $500 month- ports the legislation. The Work Incen- The PRESIDING OFFICER laid be- ly, in 12 months’’—that is $6,000 a tives Improvement Act will help reduce fore the Senate the following message year—‘‘your health insurance will stop, the $70 billion annual drain on the from the President of the United unless you pay for it yourself,’’ after a budget caused by 8 million individuals States, together with an accompanying period of time would you work and ex- with disabilities, many of whom want report; referred jointly, pursuant to 16 ceed those thresholds? I doubt it. to work but do not because of their U.S.C. 1823, to the Committee on Com- If someone told you, ‘‘We will cover fear of the loss of access to health care. merce, Science, and Transportation, the cost of personal assistance services At this point we cannot say, again, and to the Committee on Foreign Rela- and prescription drugs that you need in we will try to get something through tions. order to work, but you cannot have next Congress. We cannot hide behind more than $2,000 in assets, or accumu- excuses. We must pass the Work Incen- To the Congress of the United States: late more than $2,000 in assets,’’ do tives Improvement Act now. This is a In accordance with the Magnuson these conditions appear to help individ- special time. The momentum is with Fishery Conservation and Management uals be self-sufficient? Clearly not. us. People with disabilities expect us to Act of 1976 (16 U.S.C. 1801 et seq.), I The facts are on the side of those of deliver now. They want to be free to go transmit herewith an Agreement be- us who want to pass the Work Incen- to work. tween the Government of the United tives Improvement Act of 1998. We If we do, the lives of millions of States of America and the Government want it included in the omnibus appro- Americans will be transformed, both of the Republic of Lithuania extending priations bill, and there is great effort disabled and nondisabled Americans. the Agreement of November 12, 1992, going on to accomplish that. Individuals with disabilities will work Concerning Fisheries Off the Coasts of There are 7.5 million individuals with and pay taxes. They will experience the the United States, with annex, as ex- disabilities who receive cash payments true meaning of personal dignity, free- tended (‘‘the 1992 Agreement’’). The from the Social Security Administra- dom, independence, and choices. Their present Agreement, which was effected tion and receive health insurance cov- family members and friends will be by an exchange of notes in Washington erage through Medicare or Medicaid. freed from caretaking responsibilities on April 20, September 16 and Septem- According to GAO, in 1996 cash pay- and reenter the workforce or expand ber 17, 1998, extends the 1992 Agreement ments were about $1.21 billion weekly. their work hours. Decisions about the to December 31, 2001. These payments do not include pay- quality of life and living circumstances In light of the importance of our fish- ments made under Medicare or Medic- of an individual with disabilities will eries relationship with the Republic of aid. If these payments are factored in, no longer be made for that individual Lithuania, I urge that the Congress the costs exceed $70 billion annually. but will be made by and with that indi- give favorable consideration to this It has been estimated that the num- vidual. Agreement at an early date. ber of Social Security beneficiaries The only down side to the Work In- WILLIAM J. CLINTON. with disabilities increased 83 percent centives Improvement Act of 1998 is it THE WHITE HOUSE, October 14, 1998. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12547 REPORT OF AN AGREEMENT WITH S. 2364. An act to reauthorize and make re- Mr. Hanrahan, one of its reading THE REPUBLIC OF ESTONIA CON- forms to programs authorized by the Public clerks, announced that the House has CERNING FISHERIES OFF THE Works and Economic Development Act of passed the following bills, without COASTS OF THE UNITED 1965 and the Appalachian Regional Develop- amendment: ment Act of 1965. STATES—MESSAGE FROM THE S. 759. An act to amend the State Depart- PRESIDENT—PM 163 The message also announced that the ment Basic Authorities Act of 1956 to require House agrees to the amendment of the The PRESIDING OFFICER laid be- the Secretary of State to submit an annual Senate to the bill (H.R. 2327) to provide report to Congress concerning diplomatic fore the Senate the following message for a change in the exemption from the immunity. from the President of the United child labor provisions of the Fair Labor S. 1397. An act to establish a commission States, together with an accompanying Standards Act of 1938 for minors who to assist in commemoration of the centen- report; referred jointly, pursuant to 16 are 17 years of age and who engage in nial of powered flight and the achievements U.S.C. 1823, to the Committee on Com- of the Wright brothers. the operations of automobiles and S. 2129. An act to eliminate restrictions on merce, Science, and Transportation, trucks. and to the Committee on Foreign Rela- the acquisition of certain land contiguous to The message further announced that Hawaii Volcanoes National Park. tions. the House agrees to the report of the The message also announced that the To the Congress of the United States: committee of conference on the dis- House has agreed to the following con- In accordance with the Magnuson agreeing votes of the two Houses on current resolution, in which it requests Fishery Conservation and Management the amendment of the House of Rep- the concurrence of the Senate: Act of 1976 (16 U.S.C. 1801 et seq.), I resentatives to the bill (S. 1260) to H. Con. Res. 27. Concurrent resolution rec- transmit herewith an Agreement be- amend the Securities Act of 1933 and ognizing the importance of African-Amer- tween the Government of the United the Securities Exchange Act of 1934 to ican music to global culture and calling on States of America and the Government limit the conduct of securities class ac- the people of the United States to study, re- of the Republic of Estonia extending tions under State law, and for other flect on, and celebrate African-American the Agreement of June 1, 1992, Concern- purposes. music. ing Fisheries Off the Coasts of the ENROLLED BILLS SIGNED The message further announced that United States, with annex, as extended The message also announced that the the House agrees to the amendment of (‘‘the 1992 Agreement’’). The present Speaker has signed the following en- the Senate to the bill (H.R. 1274) to au- Agreement, which was effected by an rolled bills: thorize appropriations for the National exchange of notes in Tallinn on March H.R. 2411. An act to provide for a land ex- Institute of Standards and Technology 10 and June 11, 1998, extends the 1992 change involving the Cape Cod National Sea- for fiscal years 1998 and 1999, and for Agreement to June 30, 2000. shore and to extend the authority for the other purposes. In light of the importance of our fish- Cape Cod National Seashore Advisory Com- f eries relationship with the Republic of mission. Estonia, I urge that the Congress give H.R. 2886. An act to provide for a dem- EXECUTIVE AND OTHER onstration project in the Stanislaus National COMMUNICATIONS favorable consideration to this Agree- Forest, California, under which a private ment at an early date. contractor will perform multiple resource The following communications were WILLIAM J. CLINTON. management for that unit of the National laid before the Senate, together with THE WHITE HOUSE, October 14, 1998. Forest System. accompanying papers, reports, and doc- f H.R. 3796. An act to authorize the Sec- uments, which were referred as indi- retary of Agriculture to convey the adminis- cated: MESSAGES FROM THE HOUSE trative site for the Rogue River National EC–7478. A communication from the Assist- At 12:45 p.m., a message from the Forest and use the proceeds for the construc- ant Secretary for Legislative Affairs, De- House of Representatives, delivered by tion or improvement of offices and support partment of State, transmitting, pursuant to Mr. Hays, one of its reading clerks, an- buildings for the Rogue River National For- law, notice of the Department’s intent to ob- est and the Bureau of Land Management. nounced that the House has passed the ligate funds for activities of the Non- H.R. 4081. An act to extend the deadline proliferation and Disarmament Fund; to the following bills, in which it requests the under the Federal Power Act applicable to concurrence of the Senate: Committee on Foreign Relations. the construction of a hydroelectric project in EC–7479. A communication from the Assist- H.R. 3899. An act to expand homeownership the State of Arkansas. ant Secretary for Legislative Affairs, De- in the United States. H.R. 4284. An act to authorize the Govern- partment of State, transmitting, pursuant to H.R. 4756. An act to ensure that the United ment of India to establish a memorial to law, notice of a Presidential Determination States is prepared to meet the Year 2000 honor Mahatma Gandhi in the District of Co- (98–39) admitting refugees of special humani- computer problem. lumbia. tarian concern to the United States; to the H.R. 4805. An act to require reports on H.R. 4658. An act to extend the date by Committee on Foreign Relations. travel of Executive branch officers and em- which an automated entry-exit control sys- EC–7480. A communication from the Sec- ployees to international conferences, and for tem must be developed. retary of Defense, transmitting, notice of other purposes. At 2:38 p.m., a message from the routine military retirements; to the Com- The message also announced that the mittee on Armed Services. House has passed the following bills, House of Representatives, delivered by EC–7481. A communication from the Sec- with an amendment, in which it re- Mr. Hays, one of its reading clerks, an- retary of Defense, transmitting, pursuant to quests the concurrence of the Senate: nounced that the House has passed the law, notice of a proposed allocation of funds S. 1364. An act to eliminate unnecessary following joint resolution, in which it under the Cooperative Threat Reduction and wasteful Federal reports. requests the concurrence of the Senate: Program to carry out chemical weapons de- S. 1693. An act to provide for improved H.J. Res. 135. Joint resolution making fur- struction activities; to the Committee on management and increased accountability ther continuing appropriations for the fiscal Armed Services. for certain National Park Service programs, year 1999, and for other purposes. EC–7482. A communication from the Direc- and for other purposes. tor of the Office of Management and Budget, ENROLLED JOINT RESOLUTION SIGNED Executive Office of the President, transmit- S. 1754. An act to amend the Public Health The message also announced that the Service Act to consolidate and reauthorize ting, pursuant to law, a report on direct health professions and minority and dis- Speaker has signed the following en- spending or receipts legislation regarding advantaged health education programs, and rolled joint resolution: the ‘‘Postal Employees Safety Enhancement for other purposes. H.J. Res. 135. Joint resolution making fur- Act’’ (Report 461) dated October 8, 1998; to The message further announced that ther continuing appropriations for the fiscal the Committee on the Budget. year 1999, and for other purposes. EC–7483. A communication from the Dep- the House has passed the following uty Executive Director and Chief Operating bills, without amendment: The enrolled bills and joint resolu- Officer of the Pension Benefit Guaranty Cor- S. 1722. An act to amend the Public Health tion were signed subsequently by the poration, transmitting, pursuant to law, the Service Act to revise and extend certain pro- President pro tempore (Mr. THUR- report of a rule entitled ‘‘Allocation of As- grams with respect to women’s health re- MOND). sets in Single-Employer Plans; Interest As- search and prevention activities at the Na- sumptions for Valuing Benefits’’ received on tional Institutes of Health and the Centers At 4:33 p.m., a message from the October 9, 1998; to the Committee on Labor for Disease Control and Prevention. House of Representatives, delivered by and Human Resources. S12548 CONGRESSIONAL RECORD — SENATE October 14, 1998 EC–7484. A communication from the Execu- port of a rule entitled ‘‘Amendment to Time 98–NM–235–AD) received on October 9, 1998; to tive Director of the Committee for Purchase of Designation for Restricted Area R–2908, the Committee on Commerce, Science, and from People who are Blind or Severely Dis- Pensacola, FL’’ (Docket 97–ASO–9) received Transportation. abled, transmitting, pursuant to law, a no- on October 9, 1998; to the Committee on Com- EC–7505. A communication from the Gen- tice of additions to the Committee’s Pro- merce, Science, and Transportation. eral Counsel of the Department of Transpor- curement Lists dated October 6, 1998; to the EC–7495. A communication from the Gen- tation, transmitting, pursuant to law, the re- Committee on Governmental Affairs. eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Magnetic Levitation EC–7485. A communication from the Chair- tation, transmitting, pursuant to law, the re- Transportation Technology Deployment Pro- man of the United States Sentencing Com- port of a rule entitled ‘‘Realignment of Col- gram’’ (Docket FRA–98–4545) received on Oc- mission, transmitting, pursuant to law, the ored Federal Airway; AK’’ (Docket 98–AAL– tober 9, 1998; to the Committee on Com- Commission’s report entitled ‘‘Tele- 6) received on October 9, 1998; to the Commit- merce, Science, and Transportation. marketing Fraud Offenses’’; to the Commit- tee on Commerce, Science, and Transpor- EC–7506. A communication from the Gen- tee on the Judiciary. tation. eral Counsel of the Department of Transpor- EC–7486. A communication from the Chief EC–7496. A communication from the Gen- tation, transmitting, pursuant to law, the re- of the Regulations Unit, Internal Revenue eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Qualification of Driv- Service, Department of the Treasury, trans- tation, transmitting, pursuant to law, the re- ers; Exemption Applications; Vision’’ (Dock- mitting, pursuant to law, the report of a rule port of a rule entitled ‘‘Airworthiness Direc- et FHWA–98–3637) received on October 9, 1998; entitled ‘‘Examination of Returns and tives; Boeing Model 737–700 and –800 Series to the Committee on Commerce, Science, Claims for Refund, Credit, or Abatement; De- Airplanes’’ (Docket 98–NM–272–AD) received and Transportation. termination of Correct Tax Liability’’ (Rev. on October 9, 1998; to the Committee on Com- EC–7507. A communication from the Gen- Proc. 98–54) received on October 9, 1998; to merce, Science, and Transportation. eral Counsel of the Department of Transpor- the Committee on Finance. EC–7497. A communication from the Gen- tation, transmitting, pursuant to law, the re- EC–7487. A communication from the Direc- eral Counsel of the Department of Transpor- port of a rule entitled ‘‘Use of Brokerage tor of the Office of Regulatory Management tation, transmitting, pursuant to law, the re- Firms as Depositories Under the Capitol and Information, Environmental Protection port of a rule entitled ‘‘Airworthiness Direc- Construction Fund Program’’ (Docket Agency, transmitting, pursuant to law, the tives; Pratt and Whitney Canada PW530A Se- MARAD–98–4433) received on October 9, 1998; report of a rule entitled ‘‘Idaho: Final Au- ries Turbofan Engines’’ (Docket 98–ANE–58– to the Committee on Commerce, Science, thorization of State Hazardous Waste Man- AD) received on October 9, 1998; to the Com- and Transportation. agement Program Revisions; Immediate mittee on Commerce, Science, and Transpor- EC–7508. A communication from the Gen- Final Rule’’ (FRL6176–7) received on October tation. eral Counsel of the Department of Transpor- 9, 1998; to the Committee on Environment EC–7498. A communication from the Gen- tation, transmitting, pursuant to law, the re- and Public Works. eral Counsel of the Department of Transpor- port of a rule entitled ‘‘State Highway Safe- EC–7488. A communication from the Direc- tation, transmitting, pursuant to law, the re- ty Data and Traffic Records Improvements’’ tor of the Office of Regulatory Management port of a rule entitled ‘‘Airworthiness Direc- (Docket NHTSA–98–4532) received on October and Information, Environmental Protection tives; Aerospatiale Model ATR42–200 and –300 9, 1998; to the Committee on Commerce, Agency, transmitting, pursuant to law, the Series Airplanes’’ (Docket 97–NM–266–AD) re- Science, and Transportation. report of a rule entitled ‘‘Louisiana: Final ceived on October 9, 1998; to the Committee f Authorization of State Hazardous Waste on Commerce, Science, and Transportation. Management Program Revisions; Immediate EC–7499. A communication from the Gen- PETITIONS AND MEMORIALS eral Counsel of the Department of Transpor- Final Rule’’ (FRL6176–1) received on October The following petitions and memori- 9, 1998; to the Committee on Environment tation, transmitting, pursuant to law, the re- and Public Works. port of a rule entitled ‘‘Airworthiness Direc- als were laid before the Senate and EC–7489. A communication from the Asso- tives; Fokker Model F27 Mark 050, 100, 200, were referred or ordered to lie on the ciate Managing Director for Performance 300, 400, 500, 600, and 700 Rough Field Version table as indicated: Evaluation and Records Management, Fed- (RFV) Series Airplanes’’ (Docket 98–NM–92– POM–552. A resolution adopted by the eral Communications Commission, transmit- AD) received on October 9, 1998; to the Com- House of Delegates of the American Bar As- ting, pursuant to law, the report of a rule en- mittee on Commerce, Science, and Transpor- sociation relative to children’s gun violence; titled ‘‘Table of Allotments, FM Broadcast tation. to the Committee on the Judiciary. Stations (Macon Hampton and Roswell, EC–7500. A communication from the Gen- POM–553. A resolution adopted by the Georgia)’’ (Docket 98–18) received on October eral Counsel of the Department of Transpor- House of Delegates of the American Bar As- 9, 1998; to the Committee on Commerce, tation, transmitting, pursuant to law, the re- sociation relative to the ‘‘Uniform Guardian- Science, and Transportation. port of a rule entitled ‘‘Airworthiness Direc- ship and Protective Proceedings Act’’; to the EC–7490. A communication from the Gen- tives; British Aerospace (Jetstream) Model Committee on the Judiciary. eral Counsel of the Department of Transpor- 4101 Airplanes’’ (Docket 98–NM–168–AD) re- POM–554. A resolution adopted by the tation, transmitting, pursuant to law, the re- ceived on October 9, 1998; to the Committee House of Delegates of the American Bar As- port of a rule entitled ‘‘Drawbridge Operat- on Commerce, Science, and Transportation. sociation relative to workplace violence; to ing Regulation; Buffalo Bayou, TX’’ (Docket EC–7501. A communication from the Gen- the Committee on the Judiciary. eral Counsel of the Department of Transpor- 08–98–066) received on October 9, 1998; to the f Committee on Commerce, Science, and tation, transmitting, pursuant to law, the re- Transportation. port of a rule entitled ‘‘Airworthiness Direc- EXECUTIVE REPORTS OF EC–7491. A communication from the Gen- tives; Dornier Model 328–100 Series Air- COMMITTEE eral Counsel of the Department of Transpor- planes’’ (Docket 98–NM–173–AD) received on tation, transmitting, pursuant to law, the re- October 9, 1998; to the Committee on Com- The following executive reports of port of a rule entitled ‘‘Drawbridge Operat- merce, Science, and Transportation. committees were submitted: ing Regulation; Lafourche Bayou, LA’’ EC–7502. A communication from the Gen- By Mr. HELMS, from the Committee on (Docket 08–98–064) received on October 9, eral Counsel of the Department of Transpor- Foreign Relations: 1998; to the Committee on Commerce, tation, transmitting, pursuant to law, the re- Treaty Doc. 105–6; 105–11; 105–12; 105–22; 105– Science, and Transportation. port of a rule entitled ‘‘Airworthiness Direc- 23; 105–24; 105–27; 105–34; 105–37; 105–38; 105–40; EC–7492. A communication from the Gen- tives; Short Brothers Model SD3–30, SD3–60, 105–41; 105–42; 105–44; 105–47; and 105–52 (Exec. eral Counsel of the Department of Transpor- SD3–60 SHERPA, and SD3 SHERPA Series Rept. 105–22). tation, transmitting, pursuant to law, the re- Airplanes’’ (Docket 98–NM–203–AD) received port of a rule entitled ‘‘Drawbridge Operat- on October 9, 1998; to the Committee on Com- TEXT OF THE COMMITTEE-RECOMMENDED ing Regulation; New Jersey Intracoastal Wa- merce, Science, and Transportation. RESOLUTION OF ADVICE AND CONSENT terway; Grassy Sound Channel’’ (Docket 05– EC–7503. A communication from the Gen- Resolved, (two-thirds of the Senators present 98–083) received on October 9, 1998; to the eral Counsel of the Department of Transpor- concurring therein), That the Senate advise Committee on Commerce, Science, and tation, transmitting, pursuant to law, the re- and consent to the ratification of the Agree- Transportation. port of a rule entitled ‘‘Airworthiness Direc- ment between the Government of the United EC–7493. A communication from the Gen- tives; British Aerospace Model BAe 146–100A, States of America and the Government of eral Counsel of the Department of Transpor- –200A, and –300A Series Airplanes’’ (Docket Hong Kong on Mutual Legal Assistance in tation, transmitting, pursuant to law, the re- 98–NM–214–AD) received on October 9, 1998; to Criminal Matters, with Annex, signed in port of a rule entitled ‘‘Delaware River Safe- the Committee on Commerce, Science, and Hong Kong on April 15, 1997 (Treaty Doc. 105– ty Zone and Ancorage Regulations’’ (Docket Transportation. 6), subject to the understanding of sub- 05–98–084) received on October 9, 1998; to the EC–7504. A communication from the Gen- section (a), the declaration of subsection (b), Committee on Commerce, Science, and eral Counsel of the Department of Transpor- and the provisos of subsection (c). Transportation. tation, transmitting, pursuant to law, the re- (a) UNDERSTANDING.—The Senate’s advice EC–7494. A communication from the Gen- port of a rule entitled ‘‘Airworthiness Direc- and consent is subject to the following un- eral Counsel of the Department of Transpor- tives; British Aerospace Model Avro 146– derstanding, which shall be included in the tation, transmitting, pursuant to law, the re- RJ85A and RJ100A Series Airplanes’’ (Docket instrument of ratification: October 14, 1998 CONGRESSIONAL RECORD — SENATE S12549

PROHIBITION ON ASSISTANCE TO THE INTER- TREATY INTERPRETATION.—The Senate af- essential public policy or interest, the NATIONAL CRIMINAL COURT.—The United firms the applicability to all treaties of the United States shall deny a request for assist- States shall exercise its rights to limit the constitutionally based principles of treaty ance when the Central Authority, after con- use of assistance it provides under the Trea- interpretation set forth in Condition (1) of sultation with all appropriate intelligence, ty so that any assistance provided by the the resolution of ratification of the INF anti-narcotic, and foreign policy agencies, Government of the United States shall not Treaty, approved by the Senate on May 27, has specific information that a senior gov- be transferred to or otherwise used to assist 1988, and Condition (8) of the resolution of ernment official who will have access to in- the International Criminal Court agreed to ratification of the Document Agreed Among formation to be provided under this Treaty in Rome, Italy, on July 17, 1998, unless the the States Parties to the Treaty on Conven- is engaged in a felony, including the facilita- treaty establishing the court has entered tional Armed Forces in Europe, approved by tion of the production or distribution of ille- into force for the United States by and with the Senate on May 14, 1997. gal drugs. the advice and consent of the Senate, as re- (c) PROVISOS.—The resolution of ratifica- (2) SUPREMACY OF THE CONSTITUTION.— quired by Article II, section 2 of the United tion is subject to the following two provisos, Nothing in the Treaty requires or authorizes States Constitution. which shall not be included in the instru- legislation or other action by the United (b) DECLARATION.—The Senate’s advice and ment of ratification to be signed by the States of America that is prohibited by the consent is subject to the following declara- President: Constitution of the United States as inter- tion, which shall be binding on the Presi- (1) LIMITATION ON ASSISTANCE.—Pursuant preted by the United States. dent: to the rights of the United States under this Resolved, (two-thirds of the Senators present TREATY INTERPRETATION.—The Senate af- Treaty to deny requests which prejudice its concurring therein), That the Senate advise firms the applicability to all treaties of the essential public policy or interest, the and consent to the ratification of the Treaty constitutionally based principles of treaty United States shall deny a request for assist- Between the Government of the United interpretation set forth in Condition (1) of ance when the Central Authority, after con- States of America and the Government of the resolution of ratification of the INF sultation with all appropriate intelligence, Trinidad and Tobago on Mutual Legal As- Treaty, approved by the Senate on May 27, anti-narcotic, and foreign policy agencies, sistance in Criminal Matters, signed at Port 1988, and Condition (8) of the resolution of has specific information that a senior gov- of Spain on March 4, 1996 (Treaty Doc. 105– ratification of the Document Agreed Among ernment official who will have access to in- 22), subject to the understanding of sub- the States Parties to the Treaty on Conven- formation to be provided under this Treaty section (a), the declaration of subsection (b), tional Armed Forces in Europe, approved by is engaged in a felony, including the facilita- and the provisos of subsection (c). the Senate on May 14, 1997. tion of the production or distribution of ille- (a) UNDERSTANDING.—The Senate’s advice (c) PROVISOS.—The resolution of ratifica- gal drugs. and consent is subject to the following un- tion is subject to the following two provisos, (2) SUPREMACY OF THE CONSTITUTION.— derstanding, which shall be included in the which shall not be included in the instru- Nothing in the Treaty requires or authorizes instrument of ratification: ment of ratification to be signed by the legislation or other action by the United PROHIBITION ON ASSISTANCE TO THE INTER- President: States of America that is prohibited by the NATIONAL CRIMINAL COURT.—The United (1) LIMITATION ON ASSISTANCE.—Pursuant Constitution of the United States as inter- States shall exercise its rights to limit the to the rights of the United States under this preted by the United States. use of assistance it provides under the Trea- Treaty to deny requests which prejudice its Resolved, (two-thirds of the Senators present ty so that any assistance provided by the essential public policy or interest, the concurring therein), That the Senate advise Government of the United States shall not United States shall deny a request for assist- and consent to the ratification of the Treaty be transferred to or otherwise used to assist ance when the Central Authority, after con- Between the United States of America and the International Criminal Court agreed to sultation with all appropriate intelligence, the Government of the Republic of Poland on in Rome, Italy, on July 17, 1998, unless the anti-narcotic, and foreign policy agencies, Mutual Legal Assistance in Criminal Mat- treaty establishing the court has entered has specific information that a senior gov- ters, signed at Washington on July 10, 1996 into force for the United States by and with ernment official who will have access to in- (Treaty Doc. 105–12), subject to the under- the advice and consent of the Senate, as re- formation to be provided under this Treaty standing of subsection (a), the declaration of quired by Article II, section 2 of the United is engaged in a felony, including the facilita- subsection (b), and the provisos of subsection States Constitution. tion of the production or distribution of ille- (c). (b) DECLARATION.—The Senate’s advice and gal drugs. (a) UNDERSTANDING.—The Senate’s advice consent is subject to the following declara- (2) SUPREMACY OF THE CONSTITUTION.— and consent is subject to the following un- tion, which shall be binding on the Presi- Nothing in the Treaty requires or authorizes derstanding, which shall be included in the dent: legislation or other action by the United instrument of ratification: TREATY INTERPRETATION.—The Senate af- States of America that is prohibited by the PROHIBITION ON ASSISTANCE TO THE INTER- firms the applicability to all treaties of the Constitution of the United States as inter- NATIONAL CRIMINAL COURT.—The United constitutionally based principles of treaty preted by the United States. States shall exercise its rights to limit the interpretation set forth in Condition (1) of Resolved, (two-thirds of the Senators present use of assistance it provides under the Trea- the resolution of ratification of the INF concurring therein), That the Senate advise ty so that any assistance provided by the Treaty, approved by the Senate on May 27, and consent to the ratification of the Treaty Government of the United States shall not 1988, and Condition (8) of the resolution of Between the Government of the United be transferred to or otherwise used to assist ratification of the Document Agreed Among States of America and the Government of the International Criminal Court agreed to the States Parties to the Treaty on Conven- the Grand Duchy of Luxembourg on Mutual in Rome, Italy, on July 17, 1998, unless the tional Armed Forces in Europe, approved by Legal Assistance in Criminal Matters, and treaty establishing the court has entered the Senate on May 14, 1997. related exchange of notes, signed at Wash- into force for the United States by and with (c) PROVISOS.—The resolution of ratifica- ington on March 13, 1997 (Treaty Doc. 105–11), the advice and consent of the Senate, as re- tion is subject to the following two provisos, subject to the understanding of subsection quired by Article II, section 2 of the United which shall not be included in the instru- (a), the declaration of subsection (b), and the States Constitution. ment of ratification to be signed by the provisos of subsection (c). (b) DECLARATION.—The Senate’s advice and President: (a) UNDERSTANDING.—The Senate’s advice consent is subject to the following declara- (1) LIMITATION ON ASSISTANCE. Pursuant to and consent is subject to the following un- tion, which shall be binding on the Presi- the rights of the United States under this derstanding, which shall be included in the dent: Treaty to deny requests which prejudice its instrument of ratification: TREATY INTERPRETATION.—The Senate af- essential public policy or interest, the PROHIBITION ON ASSISTANCE TO THE INTER- firms the applicability to all treaties of the United States shall deny a request for assist- NATIONAL CRIMINAL COURT.—The United constitutionally based principles of treaty ance when the Central Authority, after con- States shall exercise its rights to limit the interpretation set forth in Condition (1) of sultation with all appropriate intelligence, use of assistance it provides under the Trea- the resolution of ratification of the INF anti-narcotic, and foreign policy agencies, ty so that any assistance provided by the Treaty, approved by the Senate on May 27, has specific information that a senior gov- Government of the United States shall not 1988, and Condition (8) of the resolution of ernment official who will have access to in- be transferred to or otherwise used to assist ratification of the Document Agreed Among formation to be provided under this Treaty the International Criminal Court agreed to the States Parties to the Treaty on Conven- is engaged in a felony, including the facilita- in Rome, Italy, on July 17, 1998, unless the tional Armed Forces in Europe, approved by tion of the production or distribution of ille- treaty establishing the court has entered the Senate on May 14, 1997. gal drugs. into force for the United States by and with (c) PROVISOS.—The resolution of ratifica- (2) SUPREMACY OF THE CONSTITUTION.— the advice and consent of the Senate, as re- tion is subject to the following two provisos, Nothing in the Treaty requires or authorizes quired by Article II, section 2 of the United which shall not be included in the instru- legislation or other action by the United States Constitution. ment of ratification to be signed by the States of America that is prohibited by the (b) DECLARATION.—The Senate’s advice and President: Constitution of the United States as inter- consent is subject to the following declara- (1) LIMITATION ON ASSISTANCE.—Pursuant preted by the United States. tion, which shall be binding on the Presi- to the rights of the United States under this Resolved, (two-thirds of the Senators present dent: Treaty to deny requests which prejudice its concurring therein), That the Senate advise S12550 CONGRESSIONAL RECORD — SENATE October 14, 1998 and consent to the ratification of the Treaty be transferred to or otherwise used to assist ratification of the Document Agreed Among Between the Government of the United the International Criminal Court agreed to the States Parties to the Treaty on Conven- States of America and the Government of in Rome, Italy, on July 17, 1998, unless the tional Armed Forces in Europe, approved by Barbados on Mutual Legal Assistance in treaty establishing the court has entered the Senate on May 14, 1997. Criminal Matters, signed at Bridgetown on into force for the United States by and with (c) PROVISOS.—The resolution of ratifica- February 28, 1996 (Treaty Doc. 105–23), sub- the advice and consent of the Senate, as re- tion is subject to the following two provisos, ject to the understanding of subsection (a), quired by Article II, section 2 of the United which shall not be included in the instru- the declaration of subsection (b), and the States Constitution. ment of ratification to be signed by the provisos of subsection (c). (b) DECLARATION.—The Senate’s advice and President: (a) UNDERSTANDING.—The Senate’s advice consent is subject to the following declara- (1) LIMITATION ON ASSISTANCE.—Pursuant and consent is subject to the following un- tion, which shall be binding on the Presi- to the rights of the United States under this derstanding, which shall be included in the dent: Treaty to deny requests which prejudice its instrument of ratification: TREATY INTERPRETATION.—The Senate af- essential public policy or interest, the PROHIBITION ON ASSISTANCE TO THE INTER- firms the applicability to all treaties of the United States shall deny a request for assist- NATIONAL CRIMINAL COURT.—The United constitutionally based principles of treaty ance when the Central Authority, after con- States shall exercise its rights to limit the interpretation set forth in Condition (1) of sultation with all appropriate intelligence, use of assistance it provides under the Trea- the resolution of ratification of the INF anti-narcotic, and foreign policy agencies, ty so that any assistance provided by the Treaty, approved by the Senate on May 27, has specific information that a senior gov- Government of the United States shall not 1988, and Condition (8) of the resolution of ernment official who will have access to in- be transferred to or otherwise used to assist ratification of the Document Agreed Among formation to be provided under this Treaty the International Criminal Court agreed to the States Parties to the Treaty on Conven- is engaged in a felony, including the facilita- in Rome, Italy, on July 17, 1998, unless the tional Armed Forces in Europe, approved by tion of the production or distribution of ille- treaty establishing the court has entered the Senate on May 14, 1997. gal drugs. into force for the United States by and with (c) PROVISOS.—The resolution of ratifica- (2) SUPREMACY OF THE CONSTITUTION.— the advice and consent of the Senate, as re- tion is subject to the following two provisos, Nothing in the Treaty requires or authorizes quired by Article II, section 2 of the United which shall not be included in the instru- legislation or other action by the United States of America that is prohibited by the States Constitution. ment of ratification to be signed by the Constitution of the United States as inter- (b) DECLARATION.—The Senate’s advice and President: consent is subject to the following declara- (1) LIMITATION ON ASSISTANCE. Pursuant to preted by the United States. Resolved, (two-thirds of the Senators present tion, which shall be binding on the Presi- the rights of the United States under this concurring therein), That the Senate advise dent: Treaty to deny requests which prejudice its and consent to the ratification of the Treaty TREATY INTERPRETATION.—The Senate af- essential public policy or interest, the on Mutual Legal Assistance in Criminal Mat- firms the applicability to all treaties of the United States shall deny a request for assist- ters Between the Government of the United constitutionally based principles of treaty ance when the Central Authority, after con- States of America and the Government of interpretation set forth in Condition (1) of sultation with all appropriate intelligence, Grenada, signed at St. George’s on May 30, the resolution of ratification of the INF anti-narcotic, and foreign policy agencies, 1996 (Treaty Doc. 105–24), subject to the un- Treaty, approved by the Senate on May 27, has specific information that a senior gov- derstanding of subsection (a), the declaration 1988, and Condition (8) of the resolution of ernment official who will have access to in- of subsection (b), and the provisos of sub- ratification of the Document Agreed Among formation to be provided under this Treaty section (c). the States Parties to the Treaty on Conven- is engaged in a felony, including the facilita- (a) UNDERSTANDING.—The Senate’s advice tional Armed Forces in Europe, approved by tion of the production or distribution of ille- and consent is subject to the following un- the Senate on May 14, 1997. gal drugs. derstanding, which shall be included in the (c) PROVISOS.—The resolution of ratifica- (2) SUPREMACY OF THE CONSTITUTION.— instrument of ratification: tion is subject to the following two provisos, Nothing in the Treaty requires or authorizes PROHIBITION ON ASSISTANCE TO THE INTER- which shall not be included in the instru- legislation or other action by the United NATIONAL CRIMINAL COURT.—The United ment of ratification to be signed by the States of America that is prohibited by the States shall exercise its rights to limit the President: Constitution of the United States as inter- use of assistance it provides under the Trea- (1) LIMITATION ON ASSISTANCE.—Pursuant preted by the United States. ty so that any assistance provided by the to the rights of the United States under this Resolved, (two-thirds of the Senators present Government of the United States shall not Treaty to deny requests which prejudice its concurring therein), That the Senate advise be transferred to or otherwise used to assist essential public policy or interest, the and consent to the ratification of the Treaty the International Criminal Court agreed to United States shall deny a request for assist- on Mutual Legal Assistance in Criminal Mat- in Rome, Italy, on July 17, 1998, unless the ance when the Central Authority, after con- ters Between the Government of the United treaty establishing the court has entered sultation with all appropriate intelligence, States of America and the Government of into force for the United States by and with anti-narcotic, and foreign policy agencies, Dominica, signed at Roseau on October 10, the advice and consent of the Senate, as re- has specific information that a senior gov- 1996 (Treaty Doc. 105–24), subject to the un- quired by Article II, section 2 of the United ernment official who will have access to in- derstanding of subsection (a), the declaration States Constitution. formation to be provided under this Treaty of subsection (b), and the provisos of sub- (b) DECLARATION.—The Senate’s advice and is engaged in a felony, including the facilita- section (c). consent is subject to the following declara- tion of the production or distribution of ille- (a) UNDERSTANDING.—The Senate’s advice tion, which shall be binding on the Presi- gal drugs. and consent is subject to the following un- dent: (2) SUPREMACY OF THE CONSTITUTION.— derstanding, which shall be included in the TREATY INTERPRETATION.—The Senate af- Nothing in the Treaty requires or authorizes instrument of ratification: firms the applicability to all treaties of the legislation or other action by the United PROHIBITION ON ASSISTANCE TO THE INTER- constitutionally based principles of treaty States of America that is prohibited by the NATIONAL CRIMINAL COURT.—The United interpretation set forth in Condition (1) of Constitution of the United States as inter- States shall exercise its rights to limit the the resolution of ratification of the INF preted by the United States. use of assistance it provides under the Trea- Treaty, approved by the Senate on May 27, Resolved, (two-thirds of the Senators present ty so that any assistance provided by the 1988, and Condition (8) of the resolution of concurring therein), That the Senate advise Government of the United States shall not ratification of the Document Agreed Among and consent to the ratification of the Treaty be transferred to or otherwise used to assist the States Parties to the Treaty on Conven- on Mutual Legal Assistance in Criminal Mat- the International Criminal Court agreed to tional Armed Forces in Europe, approved by ters Between the Government of the United in Rome, Italy, on July 17, 1998, unless the the Senate on May 14, 1997. States of America and the Government of treaty establishing the court has entered (c) PROVISOS.—The resolution of ratifica- Antigua and Barbuda, signed at St. John’s on into force for the United States by and with tion is subject to the following two provisos, October 31, 1996 (Treaty Doc. 105–24), subject the advice and consent of the Senate, as re- which shall not be included in the instru- to the understanding of subsection (a), the quired by Article II, section 2 of the United ment of ratification to be signed by the declaration of subsection (b), and the provi- States Constitution. President: sos of subsection (c). (b) DECLARATION.—The Senate’s advice and (1) LIMITATION ON ASSISTANCE.—Pursuant (a) UNDERSTANDING.—The Senate’s advice consent is subject to the following declara- to the rights of the United States under this and consent is subject to the following un- tion, which shall be binding on the Presi- Treaty to deny requests which prejudice its derstanding, which shall be included in the dent: essential public policy or interest, the instrument of ratification: TREATY INTERPRETATION.—The Senate af- United States shall deny a request for assist- PROHIBITION ON ASSISTANCE TO THE INTER- firms the applicability to all treaties of the ance when the Central Authority, after con- NATIONAL CRIMINAL COURT.—The United constitutionally based principles of treaty sultation with all appropriate intelligence, States shall exercise its rights to limit the interpretation set forth in Condition (1) of anti-narcotic, and foreign policy agencies, use of assistance it provides under the Trea- the resolution of ratification of the INF has specific information that a senior gov- ty so that any assistance provided by the Treaty, approved by the Senate on May 27, ernment official who will have access to in- Government of the United States shall not 1988, and Condition (8) of the resolution of formation to be provided under this Treaty October 14, 1998 CONGRESSIONAL RECORD — SENATE S12551

is engaged in a felony, including the facilita- section (b), and the provisos of subsection (b) DECLARATION.—The Senate’s advice and tion of the production or distribution of ille- (c). consent is subject to the following declara- gal drugs. (a) UNDERSTANDING.—The Senate’s advice tion, which shall be binding on the Presi- (2) SUPREMACY OF THE CONSTITUTION.— and consent is subject to the following un- dent: Nothing in the Treaty requires or authorizes derstanding, which shall be included in the TREATY INTERPRETATION.—The Senate af- legislation or other action by the United instrument of ratification: firms the applicability to all treaties of the States of America that is prohibited by the PROHIBITION ON ASSISTANCE TO THE INTER- constitutionally based principles of treaty Constitution of the United States as inter- NATIONAL CRIMINAL COURT.—The United interpretation set forth in Condition (1) of preted by the United States. States shall exercise its rights to limit the the resolution of ratification of the INF Resolved, (two-thirds of the Senators present use of assistance it provides under the Trea- Treaty, approved by the Senate on May 27, concurring therein), That the Senate advise ty so that any assistance provided by the 1988, and Condition (8) of the resolution of and consent to the ratification of the Treaty Government of the United States shall not ratification of the Document Agreed Among on Mutual Legal Assistance in Criminal Mat- be transferred to or otherwise used to assist the States Parties to the Treaty on Conven- ters Between the Government of the United the International Criminal Court agreed to tional Armed Forces in Europe, approved by States of America and the Government of in Rome, Italy, on July 17, 1998, unless the the Senate on May 14, 1997. Saint Lucia, signed at Castries on April 18, treaty establishing the court has entered (c) PROVISOS.—The resolution of ratifica- 1996 (Treaty Doc. 105–24), subject to the un- into force for the United States by and with tion is subject to the following two provisos, derstanding of subsection (a), the declaration the advice and consent of the Senate, as re- which shall not be included in the instru- of subsection (b), and the provisos of sub- quired by Article II, section 2 of the United ment of ratification to be signed by the section (c). States Constitution. President: (a) UNDERSTANDING.—The Senate’s advice (b) DECLARATION.—The Senate’s advice and (1) LIMITATION ON ASSISTANCE.— Pursuant and consent is subject to the following un- consent is subject to the following declara- to the rights of the United States under this derstanding, which shall be included in the tion, which shall be binding on the Presi- Treaty to deny requests which prejudice its instrument of ratification: dent: essential public policy or interest, the PROHIBITION ON ASSISTANCE TO THE INTER- TREATY INTERPRETATION.—The Senate af- United States shall deny a request for assist- NATIONAL CRIMINAL COURT.—The United firms the applicability to all treaties of the ance when the Central Authority, after con- States shall exercise its rights to limit the constitutionally based principles of treaty sultation with all appropriate intelligence, use of assistance it provides under the Trea- interpretation set forth in Condition (1) of anti-narcotic, and foreign policy agencies, ty so that any assistance provided by the the resolution of ratification of the INF has specific information that a senior gov- Government of the United States shall not Treaty, approved by the Senate on May 27, ernment official who will have access to in- be transferred to or otherwise used to assist 1988, and Condition (8) of the resolution of formation to be provided under this Treaty ratification of the Document Agreed Among the International Criminal Court agreed to is engaged in a felony, including the facilita- the States Parties to the Treaty on Conven- in Rome, Italy, on July 17, 1998, unless the tion of the production or distribution of ille- tional Armed Forces in Europe, approved by treaty establishing the court has entered gal drugs. the Senate on May 14, 1997. (2) SUPREMACY OF THE CONSTITUTION.— into force for the United States by and with (c) PROVISOS.—The resolution of ratifica- Nothing in the Treaty requires or authorizes the advice and consent of the Senate, as re- tion is subject to the following two provisos, legislation or other action by the United quired by Article II, section 2 of the United which shall not be included in the instru- States of America that is prohibited by the States Constitution. ment of ratification to be signed by the Constitution of the United States as inter- (b) DECLARATION.—The Senate’s advice and President: preted by the United States. consent is subject to the following declara- (1) LIMITATION ON ASSISTANCE.—Pursuant Resolved, (two-thirds of the Senators present tion, which shall be binding on the Presi- to the rights of the United States under this concurring therein), That the Senate advise dent: Treaty to deny requests which prejudice its and consent to the ratification of the Treaty TREATY INTERPRETATION.—The Senate af- essential public policy or interest, the Between the Government of the United firms the applicability to all treaties of the United States shall deny a request for assist- States of America and the Government of constitutionally based principles of treaty ance when the Central Authority, after con- Saint Kitts and Nevis on Mutual Legal As- interpretation set forth in Condition (1) of sultation with all appropriate intelligence, sistance in Criminal Matters, signed at the resolution of ratification of the INF anti-narcotic, and foreign policy agencies, Basseterre on September 18, 1997, and a relat- Treaty, approved by the Senate on May 27, has specific information that a senior gov- ed exchange of notes signed at Bridgetown 1988, and Condition (8) of the resolution of ernment official who will have access to in- on October 29, 1997, and February 4, 1998 ratification of the Document Agreed Among formation to be provided under this Treaty (Treaty Doc. 105–37), subject to the under- the States Parties to the Treaty on Conven- is engaged in a felony, including the facilita- standing of subsection (a), the declaration of tional Armed Forces in Europe, approved by tion of the production or distribution of ille- subsection (b), and the provisos of subsection the Senate on May 14, 1997. gal drugs. (c). (c) PROVISOS.—The resolution of ratifica- (2) SUPREMACY OF THE CONSTITUTION.— (a) UNDERSTANDING.—The Senate’s advice tion is subject to the following two provisos, Nothing in the Treaty requires or authorizes and consent is subject to the following un- which shall not be included in the instru- legislation or other action by the United derstanding, which shall be included in the ment of ratification to be signed by the States of America that is prohibited by the instrument of ratification: President: Constitution of the United States as inter- PROHIBITION ON ASSISTANCE TO THE INTER- (1) LIMITATION ON ASSISTANCE.—Pursuant preted by the United States. NATIONAL CRIMINAL COURT.—The United to the rights of the United States under this Resolved, (two-thirds of the Senators present States shall exercise its rights to limit the Treaty to deny requests which prejudice its concurring therein), That the Senate advise use of assistance it provides under the Trea- essential public policy or interest, the and consent to the ratification of the Treaty ty so that any assistance provided by the United States shall deny a request for assist- Between the United States of America and Government of the United States shall not ance when the Central Authority, after con- the Republic of Latvia on Mutual Legal As- be transferred to or otherwise used to assist sultation with all appropriate intelligence, sistance in Criminal Matters, and an ex- the International Criminal Court agreed to anti-narcotic, and foreign policy agencies, change of notes, signed at Washington on in Rome, Italy, on July 17, 1998, unless the has specific information that a senior gov- June 13, 1997 (Treaty Doc. 105–34), subject to treaty establishing the court has entered ernment official who will have access to in- the understanding of subsection (a), the dec- into force for the United States by and with formation to be provided under this Treaty laration of subsection (b), and the provisos of the advice and consent of the Senate, as re- is engaged in a felony, including the facilita- subsection (c). quired by Article II, section 2 of the United tion of the production or distribution of ille- (a) UNDERSTANDING.—The Senate’s advice States Constitution. gal drugs. and consent is subject to the following un- (b) DECLARATION.—The Senate’s advice and (2) SUPREMACY OF THE CONSTITUTION.— derstanding, which shall be included in the consent is subject to the following declara- Nothing in the Treaty requires or authorizes instrument of ratification: tion, which shall be binding on the Presi- legislation or other action by the United PROHIBITION ON ASSISTANCE TO THE INTER- dent: States of America that is prohibited by the NATIONAL CRIMINAL COURT.—The United TREATY INTERPRETATION.—The Senate af- Constitution of the United States as inter- States shall exercise its rights to limit the firms the applicability to all treaties of the preted by the United States. use of assistance it provides under the Trea- constitutionally based principles of treaty Resolved, (two-thirds of the Senators present ty so that any assistance provided by the interpretation set forth in Condition (1) of concurring therein), That the Senate advise Government of the United States shall not the resolution of ratification of the INF and consent to the ratification of the Treaty be transferred to or otherwise used to assist Treaty, approved by the Senate on May 27, Between the Government of the United the International Criminal Court agreed to 1988, and Condition (8) of the resolution of States of America and the Government of in Rome, Italy, on July 17, 1998, unless the ratification of the Document Agreed Among Australia on Mutual Assistance in Criminal treaty establishing the court has entered the States Parties to the Treaty on Conven- Matters, and a related exchange of notes, into force for the United States by and with tional Armed Forces in Europe, approved by signed at Washington on April 30, 1997 (Trea- the advice and consent of the Senate, as re- the Senate on May 14, 1997. ty Doc. 105–27), subject to the understanding quired by Article II, section 2 of the United (c) PROVISOS.—The resolution of ratifica- of subsection (a), the declaration of sub- States Constitution. tion is subject to the following two provisos, S12552 CONGRESSIONAL RECORD — SENATE October 14, 1998

which shall not be included in the instru- legislation or other action by the United PROHIBITION ON ASSISTANCE TO THE INTER- ment of ratification to be signed by the States of America that is prohibited by the NATIONAL CRIMINAL COURT.—The United President: Constitution of the United States as inter- States shall exercise its rights to limit the (1) LIMITATION ON ASSISTANCE.—Pursuant preted by the United States. use of assistance it provides under the Trea- to the rights of the United States under this Resolved, (two-thirds of the Senators present ty so that any assistance provided by the Treaty to deny requests which prejudice its concurring therein), That the Senate advise Government of the United States shall not essential public policy or interest, the and consent to the ratification of the Treaty be transferred to or otherwise used to assist United States shall deny a request for assist- Between the Government of the United the International Criminal Court agreed to ance when the Central Authority, after con- States of America and the Government of in Rome, Italy, on July 17, 1998, unless the sultation with all appropriate intelligence, the State of Israel on Mutual Legal Assist- treaty establishing the court has entered anti-narcotic, and foreign policy agencies, ance in Criminal Matters, signed at Tel Aviv into force for the United States by and with has specific information that a senior gov- on January 26, 1998, and a related exchange the advice and consent of the Senate, as re- ernment official who will have access to in- of notes signed the same date (Treaty Doc. quired by Article II, section 2 of the United formation to be provided under this Treaty 105–40), subject to the understanding of sub- States Constitution. is engaged in a felony, including the facilita- section (a), the declaration of subsection (b), (b) DECLARATION.—The Senate’s advice and tion of the production or distribution of ille- and the provisos of subsection (c). consent is subject to the following declara- gal drugs. (a) UNDERSTANDING.—The Senate’s advice tion, which shall be binding on the Presi- (2) SUPREMACY OF THE CONSTITUTION.— and consent is subject to the following un- dent: Nothing in the Treaty requires or authorizes derstanding, which shall be included in the TREATY INTERPRETATION.—The Senate af- legislation or other action by the United instrument of ratification: firms the applicability to all treaties of the States of America that is prohibited by the PROHIBITION ON ASSISTANCE TO THE INTER- constitutionally based principles of treaty Constitution of the United States as inter- NATIONAL CRIMINAL COURT.—The United interpretation set forth in Condition (1) of preted by the United States. States shall exercise its rights to limit the the resolution of ratification of the INF Resolved, (two-thirds of the Senators present use of assistance it provides under the Trea- Treaty, approved by the Senate on May 27, concurring therein), That the Senate advise ty so that any assistance provided by the 1988, and Condition (8) of the resolution of and consent to the ratification of the Treaty Government of the United States shall not ratification of the Document Agreed Among Between the Government of the United be transferred to or otherwise used to assist the States Parties to the Treaty on Conven- States of America and the Government of the International Criminal Court agreed to tional Armed Forces in Europe, approved by the Republic of Venezuela on Mutual Legal in Rome, Italy, on July 17, 1998, unless the the Senate on May 14, 1997. Assistance in Criminal Matters, signed at treaty establishing the court has entered (c) PROVISOS.—The resolution of ratifica- Caracas on October 12, 1997 (Treaty Doc. 105– into force for the United States by and with tion is subject to the following two provisos, 38), subject to the understanding of sub- the advice and consent of the Senate, as re- which shall not be included in the instru- quired by Article II, section 2 of the United ment of ratification to be signed by the section (a), the declaration of subsection (b), States Constitution. President: and the provisos of subsection (c). (b) DECLARATION.—The Senate’s advice and (1) LIMITATION ON ASSISTANCE.—Pursuant (a) UNDERSTANDING.—The Senate’s advice consent is subject to the following declara- to the rights of the United States under this and consent is subject to the following un- tion, which shall be binding on the Presi- Treaty to deny requests which prejudice its derstanding, which shall be included in the dent: essential public policy or interest, the instrument of ratification: TREATY INTERPRETATION.—The Senate af- United States shall deny a request for assist- PROHIBITION ON ASSISTANCE TO THE INTER- firms the applicability to all treaties of the ance when the Central Authority, after con- NATIONAL CRIMINAL COURT.—The United constitutionally based principles of treaty sultation with all appropriate intelligence, States shall exercise its rights to limit the interpretation set forth in Condition (1) of anti-narcotic, and foreign policy agencies, use of assistance it provides under the Trea- the resolution of ratification of the INF has specific information that a senior gov- ty so that any assistance provided by the Treaty, approved by the Senate on May 27, ernment official who will have access to in- Government of the United States shall not 1988, and Condition (8) of the resolution of formation to be provided under this Treaty be transferred to or otherwise used to assist ratification of the Document Agreed Among is engaged in a felony, including the facilita- the International Criminal Court agreed to the States Parties to the Treaty on Conven- tion of the production or distribution of ille- in Rome, Italy, on July 17, 1998, unless the tional Armed Forces in Europe, approved by gal drugs. treaty establishing the court has entered the Senate on May 14, 1997. (2) SUPREMACY OF THE CONSTITUTION.— into force for the United States by and with (c) PROVISOS.—The resolution of ratifica- Nothing in the Treaty requires or authorizes the advice and consent of the Senate, as re- tion is subject to the following two provisos, legislation or other action by the United quired by Article II, section 2 of the United which shall not be included in the instru- States of America that is prohibited by the States Constitution. ment of ratification to be signed by the Constitution of the United States as inter- (b) DECLARATION.—The Senate’s advice and President: preted by the United States. consent is subject to the following declara- (1) LIMITATION ON ASSISTANCE.—Pursuant Resolved, (two-thirds of the Senators present tion, which shall be binding on the Presi- to the rights of the United States under this concurring therein), That the Senate advise dent: Treaty to deny requests which prejudice its and consent to the ratification of the Treaty TREATY INTERPRETATION.—The Senate af- essential public policy or interest, the Between the Government of the United firms the applicability to all treaties of the United States shall deny a request for assist- States of America and the Government of constitutionally based principles of treaty ance when the Central Authority, after con- the Federative Republic of Brazil on Mutual interpretation set forth in Condition (1) of sultation with all appropriate intelligence, Legal Assistance in Criminal Matters, signed the resolution of ratification of the INF anti-narcotic, and foreign policy agencies, at Brasilia on October 14, 1997 (Treaty Doc. Treaty, approved by the Senate on May 27, has specific information that a senior gov- 105–42), subject to the understanding of sub- 1988, and Condition (8) of the resolution of ernment official who will have access to in- section (a), the declaration of subsection (b), ratification of the Document Agreed Among formation to be provided under this Treaty and the provisos of subsection (c). the States Parties to the Treaty on Conven- is engaged in a felony, including the facilita- (a) UNDERSTANDING.—The Senate’s advice tional Armed Forces in Europe, approved by tion of the production or distribution of ille- and consent is subject to the following un- the Senate on May 14, 1997. gal drugs. derstanding, which shall be included in the (c) PROVISOS.—The resolution of ratifica- (2) SUPREMACY OF THE CONSTITUTION.— instrument of ratification: tion is subject to the following two provisos, Nothing in the Treaty requires or authorizes PROHIBITION ON ASSISTANCE TO THE INTER- which shall not be included in the instru- legislation or other action by the United NATIONAL CRIMINAL COURT.—The United ment of ratification to be signed by the States of America that is prohibited by the States shall exercise its rights to limit the President: Constitution of the United States as inter- use of assistance it provides under the Trea- (1) LIMITATION ON ASSISTANCE.—Pursuant preted by the United States. ty so that any assistance provided by the to the rights of the United States under this Resolved, (two-thirds of the Senators present Government of the United States shall not Treaty to deny requests which prejudice its concurring therein), That the Senate advise be transferred to or otherwise used to assist essential public policy or interest, the and consent to the ratification of the Treaty the International Criminal Court agreed to United States shall deny a request for assist- Between the Government of the United in Rome, Italy, on July 17, 1998, unless the ance when the Central Authority, after con- States of America and the Government of treaty establishing the court has entered sultation with all appropriate intelligence, the Republic of Lithuania on Mutual Legal into force for the United States by and with anti-narcotic, and foreign policy agencies, Assistance in Criminal Matters, signed at the advice and consent of the Senate, as re- has specific information that a senior gov- Washington on January 16, 1998 (Treaty Doc. quired by Article II, section 2 of the United ernment official who will have access to in- 105–41), subject to the understanding of sub- States Constitution. formation to be provided under this Treaty section (a), the declaration of subsection (b), (b) DECLARATION.—The Senate’s advice and is engaged in a felony, including the facilita- and the provisos of subsection (c). consent is subject to the following declara- tion of the production or distribution of ille- (a) UNDERSTANDING.—The Senate’s advice tion, which shall be binding on the Presi- gal drugs. and consent is subject to the following un- dent: (2) SUPREMACY OF THE CONSTITUTION.— derstanding, which shall be included in the TREATY INTERPRETATION.—The Senate af- Nothing in the Treaty requires or authorizes instrument of ratification: firms the applicability to all treaties of the October 14, 1998 CONGRESSIONAL RECORD — SENATE S12553 constitutionally based principles of treaty United States shall deny a request for assist- States of America and the Government of interpretation set forth in Condition (1) of ance when the Central Authority, after con- the Republic of Estonia on Mutual Legal As- the resolution of ratification of the INF sultation with all appropriate intelligence, sistance in Criminal Matters, signed at Treaty, approved by the Senate on May 27, anti-narcotic, and foreign policy agencies, Washington on April 2, 1998 (Treaty Doc. 105– 1988, and Condition (8) of the resolution of has specific information that a senior gov- 52), and an Exchange of Notes dated Septem- ratification of the Document Agreed Among ernment official who will have access to in- ber 16 and 17, 1998 (EC–7063), subject to the the States Parties to the Treaty on Conven- formation to be provided under this Treaty understanding of subsection (a), the declara- tional Armed Forces in Europe, approved by is engaged in a felony, including the facilita- tion of subsection (b), and the provisos of the Senate on May 14, 1997. tion of the production or distribution of ille- subsection (c). (c) PROVISOS.—The resolution of ratifica- gal drugs. (a) UNDERSTANDING.—The Senate’s advice tion is subject to the following two provisos, (2) SUPREMACY OF THE CONSTITUTION.— and consent is subject to the following un- which shall not be included in the instru- Nothing in the Treaty requires or authorizes derstanding, which shall be included in the ment of ratification to be signed by the legislation or other action by the United instrument of ratification: President: States of America that is prohibited by the PROHIBITION ON ASSISTANCE TO THE INTER- (1) LIMITATION ON ASSISTANCE.—Pursuant Constitution of the United States as inter- NATIONAL CRIMINAL COURT.—The United to the rights of the United States under this preted by the United States. States shall exercise its rights to limit the Treaty to deny requests which prejudice its Resolved, (two-thirds of the Senators present use of assistance it provides under the Trea- essential public policy or interest, the concurring therein), That the Senate advise ty so that any assistance provided by the United States shall deny a request for assist- and consent to the ratification of the Treaty Government of the United States shall not ance when the Central Authority, after con- Between the United States of America and be transferred to or otherwise used to assist sultation with all appropriate intelligence, the Czech Republic on Mutual Legal Assist- the International Criminal Court agreed to anti-narcotic, and foreign policy agencies, ance in Criminal Matters, signed at Wash- in Rome, Italy, on July 17, 1998, unless the has specific information that a senior gov- ington on February 4, 1998 (Treaty Doc. 105– treaty establishing the court has entered ernment official who will have access to in- 47), subject to the understanding of sub- into force for the United States by and with formation to be provided under this Treaty section (a), the declaration of subsection (b), the advice and consent of the Senate, as re- is engaged in a felony, including the facilita- and the provisos of subsection (c). quired by Article II, section 2 of the United tion of the production or distribution of ille- (a) UNDERSTANDING.—The Senate’s advice States Constitution. gal drugs. and consent is subject to the following un- (b) DECLARATION.—The Senate’s advice and (2) SUPREMACY OF THE CONSTITUTION.— derstanding, which shall be included in the consent is subject to the following declara- Nothing in the Treaty requires or authorizes instrument of ratification: tion, which shall be binding on the Presi- legislation or other action by the United PROHIBITION ON ASSISTANCE TO THE INTER- dent: States of America that is prohibited by the NATIONAL CRIMINAL COURT.—The United TREATY INTERPRETATION.—The Senate af- Constitution of the United States as inter- States shall exercise its rights to limit the firms the applicability to all treaties of the preted by the United States. use of assistance it provides under the Trea- constitutionally based principles of treaty Resolved, (two-thirds of the Senators present ty so that any assistance provided by the interpretation set forth in Condition (1) of concurring therein), That the Senate advise Government of the United States shall not the resolution of ratification of the INF and consent to the ratification of the Treaty be transferred to or otherwise used to assist Treaty, approved by the Senate on May 27, Between the Government of the United the International Criminal Court agreed to 1988, and Condition (8) of the resolution of States of America and the Government of in Rome, Italy, on July 17, 1998, unless the ratification of the Document Agreed Among Saint Vincent and the Grenadines on Mutual treaty establishing the court has entered the States Parties to the Treaty on Conven- Legal Assistance in Criminal Matters, and a into force for the United States by and with tional Armed Forces in Europe, approved by Related Protocol, signed at Kingstown on the advice and consent of the Senate, as re- the Senate on May 14, 1997. January 8, 1998 (Treaty Doc. 105–44), subject quired by Article II, section 2 of the United (c) PROVISOS.—The resolution of ratifica- to the understanding of subsection (a), the States Constitution. tion is subject to the following two provisos, declaration of subsection (b), and the provi- (b) DECLARATION.—The Senate’s advice and which shall not be included in the instru- sos of subsection (c). consent is subject to the following declara- ment of ratification to be signed by the (a) UNDERSTANDING.—The Senate’s advice tion, which shall be binding on the Presi- President: and consent is subject to the following un- dent: (1) LIMITATION ON ASSISTANCE.—Pursuant derstanding, which shall be included in the TREATY INTERPRETATION.—The Senate af- to the rights of the United States under this instrument of ratification: firms the applicability to all treaties of the Treaty to deny requests which prejudice its PROHIBITION ON ASSISTANCE TO THE INTER- constitutionally based principles of treaty essential public policy or interest, the NATIONAL CRIMINAL COURT.—The United interpretation set forth in Condition (1) of United States shall deny a request for assist- States shall exercise its rights to limit the the resolution of ratification of the INF ance when the Central Authority, after con- use of assistance it provides under the Trea- Treaty, approved by the Senate on May 27, sultation with all appropriate intelligence, ty so that any assistance provided by the 1988, and Condition (8) of the resolution of anti-narcotic, and foreign policy agencies, Government of the United States shall not ratification of the Document Agreed Among has specific information that a senior gov- be transferred to or otherwise used to assist the States Parties to the Treaty on Conven- ernment official who will have access to in- the International Criminal Court agreed to tional Armed Forces in Europe, approved by formation to be provided under this Treaty in Rome, Italy, on July 17, 1998, unless the the Senate on May 14, 1997. is engaged in a felony, including the facilita- treaty establishing the court has entered (c) PROVISOS.—The resolution of ratifica- tion of the production or distribution of ille- into force for the United States by and with tion is subject to the following two provisos, gal drugs. the advice and consent of the Senate, as re- which shall not be included in the instru- (2) SUPREMACY OF THE CONSTITUTION.— quired by Article II, section 2 of the United ment of ratification to be signed by the Nothing in the Treaty requires or authorizes States Constitution. President: legislation or other action by the United (b) DECLARATION.—The Senate’s advice and (1) LIMITATION ON ASSISTANCE.—Pursuant States of America that is prohibited by the consent is subject to the following declara- to the rights of the United States under this Constitution of the United States as inter- tion, which shall be binding on the Presi- Treaty to deny requests which prejudice its preted by the United States. dent: essential public policy or interest, the Treaty Docs. 105–10; 105–13; 105–14; 105–15; TREATY INTERPRETATION.—The Senate af- United States shall deny a request for assist- 105–16; 105–18; 105–19; 105–20; 105–21; 105–30; 105– firms the applicability to all treaties of the ance when the Central Authority, after con- 33; 105–46; and 105–50 (Exec. Rept. 105–23). constitutionally based principles of treaty sultation with all appropriate intelligence, interpretation set forth in Condition (1) of anti-narcotic, and foreign policy agencies, TEXT OF THE COMMITTEE-RECOMMENDED the resolution of ratification of the INF has specific information that a senior gov- RESOLUTION OF ADVICE AND CONSENT Treaty, approved by the Senate on May 27, ernment official who will have access to in- Resolved, (two-thirds of the Senators present 1988, and Condition (8) of the resolution of formation to be provided under this Treaty concurring therein), That the Senate advise ratification of the Document Agreed Among is engaged in a felony, including the facilita- and consent to the ratification of the Extra- the States Parties to the Treaty on Conven- tion of the production or distribution of ille- dition Treaty Between the Government of tional Armed Forces in Europe, approved by gal drugs. the United States of America and the Gov- the Senate on May 14, 1997. (2) SUPREMACY OF THE CONSTITUTION.— ernment of the Grand Duchy of Luxembourg, (c) PROVISOS.—The resolution of ratifica- Nothing in the Treaty requires or authorizes signed at Washington on October 1, 1996 tion is subject to the following two provisos, legislation or other action by the United (Treaty Doc. 105–10), subject to the under- which shall not be included in the instru- States of America that is prohibited by the standing of subsection (a), the declaration of ment of ratification to be signed by the Constitution of the United States as inter- subsection (b), and the proviso of subsection President: preted by the United States. (c). (1) LIMITATION ON ASSISTANCE. Pursuant to Resolved, (two-thirds of the Senators present (a) UNDERSTANDING.—The Senate’s advice the rights of the United States under this concurring therein), That the Senate advise and consent is subject to the following un- Treaty to deny requests which prejudice its and consent to the ratification of the Treaty derstanding, which shall be included in the essential public policy or interest, the Between the Government of the United instrument of ratification: S12554 CONGRESSIONAL RECORD — SENATE October 14, 1998

PROHIBITION ON EXTRADITION TO THE INTER- ratification of the Document Agreed Among the resolution of ratification of the INF NATIONAL CRIMINAL COURT.—The United the States Parties to the Treaty on Conven- Treaty, approved by the Senate on May 27, States understands that the protections con- tional Armed Forces in Europe, approved by 1988, and Condition (8) of the resolution of tained in Article 17 concerning the Rule of the Senate on May 14, 1997. ratification of the Document Agreed Among Specialty would preclude the resurrender of (c) PROVISO.—The resolution of ratification the States Parties to the Treaty on Conven- any person from the United States to the is subject to the following proviso, which tional Armed Forces in Europe, approved by International Criminal Court agreed to in shall not be included in the instrument of the Senate on May 14, 1997. Rome, Italy, on July 17, 1998, unless the ratification to be signed by the President: (b) PROVISO.—The resolution of ratification United States consents to such resurrender; SUPREMACY OF THE CONSTITUTION.—Nothing is subject to the following proviso, which and the United States shall not consent to in the Treaty requires or authorizes legisla- shall not be included in the instrument of the transfer of any person extradited to Lux- tion or other action by the United States of ratification to be signed by the President: embourg by the United States to the Inter- America that is prohibited by the Constitu- SUPREMACY OF THE CONSTITUTION.—Nothing national Criminal Court agreed to in Rome, tion of the United States as interpreted by in the Treaty requires or authorizes legisla- Italy, on July 17, 1998, unless the treaty es- the United States. tion or other action by the United States of tablishing that Court has entered into force Resolved, (two-thirds of the Senators present America that is prohibited by the Constitu- for the United States by and with the advice concurring therein), That the Senate advise tion of the United States as interpreted by and consent of the Senate, as required by Ar- and consent to the ratification of the Extra- the United States. ticle II, section 2 of the United States Con- dition Treaty Between the United States of Resolved, (two-thirds of the Senators present stitution. America and the Republic of Poland, signed concurring therein), That the Senate advise (b) DECLARATION.—The Senate’s advice and at Washington on July 10, 1996 (Treaty Doc. and consent to the ratification of the Extra- consent is subject to the following declara- 105–14), subject to the understanding of sub- dition Treaty Between the Government of tion, which shall be binding on the Presi- section (a), the declaration of subsection (b), the United States of America and the Gov- dent: and the proviso of subsection (c). ernment of the Republic of Cyprus, signed at TREATY INTERPRETATION.—The Senate af- (a) UNDERSTANDING.—The Senate’s advice Washington on June 17, 1996 (Treaty Doc. firms the applicability to all treaties of the and consent is subject to the following un- 105–16), subject to the understanding of sub- constitutionally based principles of treaty derstanding, which shall be included in the section (a), the declaration of subsection (b), interpretation set forth in Condition (1) of instrument of ratification: and the proviso of subsection (c). the resolution of ratification of the INF PROHIBITION ON EXTRADITION TO THE INTER- (a) UNDERSTANDING.—The Senate’s advice Treaty, approved by the Senate on May 27, NATIONAL CRIMINAL COURT.—The United and consent is subject to the following un- 1988, and Condition (8) of the resolution of States understands that the protections con- derstanding, which shall be included in the ratification of the Document Agreed Among tained in Article 19 concerning the Rule of instrument of ratification: the States Parties to the Treaty on Conven- Specialty would preclude the resurrender of PROHIBITION ON EXTRADITION TO THE INTER- tional Armed Forces in Europe, approved by any person from the United States to the NATIONAL CRIMINAL COURT.—The United the Senate on May 14, 1997. International Criminal Court agreed to in States understands that the protections con- (c) PROVISO.—The resolution of ratification Rome, Italy, on July 17, 1998, unless the tained in Article 16 concerning the Rule of is subject to the following proviso, which United States consents to such resurrender; Specialty would preclude the resurrender of shall not be included in the instrument of and the United States shall not consent to any person from the United States to the ratification to be signed by the President: the transfer of any person extradited to Po- International Criminal Court agreed to in SUPREMACY OF THE CONSTITUTION.—Nothing land by the United States to the Inter- Rome, Italy, on July 17, 1998, unless the in the Treaty requires or authorizes legisla- national Criminal Court agreed to in Rome, United States consents to such resurrender; tion or other action by the United States of Italy, on July 17, 1998, unless the treaty es- and the United States shall not consent to America that is prohibited by the Constitu- tablishing that Court has entered into force the transfer of any person extradited to Cy- tion of the United States as interpreted by for the United States by and with the advice prus by the United States to the Inter- the United States. and consent of the Senate, as required by Ar- national Criminal Court agreed to in Rome, Resolved, (two-thirds of the Senators present ticle II, section 2 of the United States Con- Italy, on July 17, 1998, unless the treaty es- concurring therein), That the Senate advise stitution. tablishing that Court has entered into force and consent to the ratification of the Extra- (b) DECLARATION.—The Senate’s advice and for the United States by and with the advice dition Treaty between the United States of consent is subject to the following declara- and consent of the Senate, as required by Ar- America and France, which includes an tion, which shall be binding on the Presi- ticle II, section 2 of the United States Con- Agreed Minute, signed at Paris on April 23, dent: stitution. 1996 (Treaty Doc. 105–13), subject to the un- TREATY INTERPRETATION.—The Senate af- (b) DECLARATION.—The Senate’s advice and derstanding of subsection (a), the declaration firms the applicability to all treaties of the consent is subject to the following declara- of subsection (b), and the proviso of sub- constitutionally based principles of treaty tion, which shall be binding on the Presi- section (c). interpretation set forth in Condition (1) of dent: (a) UNDERSTANDING.—The Senate’s advice the resolution of ratification of the INF TREATY INTERPRETATION.—The Senate af- and consent is subject to the following un- Treaty, approved by the Senate on May 27, firms the applicability to all treaties of the derstanding, which shall be included in the 1988, and Condition (8) of the resolution of constitutionally based principles of treaty instrument of ratification: ratification of the Document Agreed Among interpretation set forth in Condition (1) of PROHIBITION ON EXTRADITION TO THE INTER- the States Parties to the Treaty on Conven- the resolution of ratification of the INF NATIONAL CRIMINAL COURT.—The United tional Armed Forces in Europe, approved by Treaty, approved by the Senate on May 27, States understands that the protections con- the Senate on May 14, 1997. 1988, and Condition (8) of the resolution of tained in Articles 19 and 20 concerning the (c) PROVISO.—The resolution of ratification ratification of the Document Agreed Among Rule of Specialty would preclude the re- is subject to the following proviso, which the States Parties to the Treaty on Conven- surrender of any person from the United shall not be included in the instrument of tional Armed Forces in Europe, approved by States to the International Criminal Court ratification to be signed by the President: the Senate on May 14, 1997. agreed to in Rome, Italy, on July 17, 1998, un- SUPREMACY OF THE CONSTITUTION.—Nothing (c) PROVISO.—The resolution of ratification less the United States consents to such re- in the Treaty requires or authorizes legisla- is subject to the following proviso, which surrender; and the United States shall not tion or other action by the United States of shall not be included in the instrument of consent to the transfer of any person extra- America that is prohibited by the Constitu- ratification to be signed by the President: dited to France by the United States to the tion of the United States as interpreted by SUPREMACY OF THE CONSTITUTION.—Nothing International Criminal Court agreed to in the United States. in the Treaty requires or authorizes legisla- Rome, Italy, on July 17, 1998, unless the trea- Resolved, (two-thirds of the Senators present tion or other action by the United States of ty establishing that Court has entered into concurring therein), That the Senate advise America that is prohibited by the Constitu- force for the United States by and with the and consent to the ratification of the Third tion of the United States as interpreted by advice and consent of the Senate, as required Supplementary Extradition Treaty Between the United States. by Article II, section 2 of the United States the United States of America and the King- Resolved, (two-thirds of the Senators present Constitution. dom of Spain, signed at Madrid on March 12, concurring therein), That the Senate advise (b) DECLARATION.—The Senate’s advice and 1996 (Treaty Doc. 105–15), subject to the dec- and consent to the ratification of the Extra- consent is subject to the following declara- laration of subsection (a), and the proviso of dition Treaty Between the United States of tion, which shall be binding on the Presi- subsection (b). America and the Argentine Republic, signed dent: (a) DECLARATION.—The Senate’s advice and at Buenos Aires on June 10, 1997 (Treaty Doc. TREATY INTERPRETATION.—The Senate af- consent is subject to the following declara- 105–18), subject to the understanding of sub- firms the applicability to all treaties of the tion, which shall be binding on the Presi- section (a), the declaration of subsection (b), constitutionally based principles of treaty dent: and the proviso of subsection (c). interpretation set forth in Condition (1) of TREATY INTERPRETATION.—The Senate af- (a) UNDERSTANDING.—The Senate’s advice the resolution of ratification of the INF firms the applicability to all treaties of the and consent is subject to the following un- Treaty, approved by the Senate on May 27, constitutionally based principles of treaty derstanding, which shall be included in the 1988, and Condition (8) of the resolution of interpretation set forth in Condition (1) of instrument of ratification: October 14, 1998 CONGRESSIONAL RECORD — SENATE S12555

PROHIBITION ON EXTRADITION TO THE INTER- ratification of the Document Agreed Among States understands that the protections con- NATIONAL CRIMINAL COURT.—The United the States Parties to the Treaty on Conven- tained in Article 14 concerning the Rule of States understands that the protections con- tional Armed Forces in Europe, approved by Specialty would preclude the resurrender of tained in Article 16 concerning the Rule of the Senate on May 14, 1997. any person from the United States to the Specialty would preclude the resurrender of (c) PROVISO.—The resolution of ratification International Criminal Court agreed to in any person from the United States to the is subject to the following proviso, which Rome, Italy, on July 17, 1998, unless the International Criminal Court agreed to in shall not be included in the instrument of United States consents to such resurrender; Rome, Italy, on July 17, 1998, unless the ratification to be signed by the President: and the United States shall not consent to United States consents to such resurrender; SUPREMACY OF THE CONSTITUTION.—Nothing the transfer of any person extradited to Gre- and the United States shall not consent to in the Treaty requires or authorizes legisla- nada by the United States to the Inter- the transfer of any person extradited to Ar- tion or other action by the United States of national Criminal Court agreed to in Rome, gentina by the United States to the Inter- America that is prohibited by the Constitu- Italy, on July 17, 1998, unless the treaty es- national Criminal Court agreed to in Rome, tion of the United States as interpreted by tablishing that Court has entered into force Italy, on July 17, 1998, unless the treaty es- the United States. for the United States by and with the advice tablishing that Court has entered into force Resolved, (two-thirds of the Senators present and consent of the Senate, as required by Ar- for the United States by and with the advice concurring therein), That the Senate advise ticle II, section 2 of the United States Con- and consent of the Senate, as required by Ar- and consent to the ratification of the Extra- stitution. (b) DECLARATION.—The Senate’s advice and ticle II, section 2 of the United States Con- dition Treaty Between the Government of consent is subject to the following declara- stitution. the United States of America and the Gov- tion, which shall be binding on the Presi- (b) DECLARATION.—The Senate’s advice and ernment of Dominica, signed at Roseau on dent: consent is subject to the following declara- October 10, 1996 (Treaty Doc. 105–19), subject TREATY INTERPRETATION.—The Senate af- to the understanding of subsection (a), the tion, which shall be binding on the Presi- firms the applicability to all treaties of the declaration of subsection (b), and the proviso dent: constitutionally based principles of treaty TREATY INTERPRETATION.—The Senate af- of subsection (c). interpretation set forth in Condition (1) of (a) UNDERSTANDING.—The Senate’s advice firms the applicability to all treaties of the the resolution of ratification of the INF and consent is subject to the following un- constitutionally based principles of treaty Treaty, approved by the Senate on May 27, interpretation set forth in Condition (1) of derstanding, which shall be included in the 1988, and Condition (8) of the resolution of the resolution of ratification of the INF instrument of ratification: ratification of the Document Agreed Among ROHIBITION ON EXTRADITION TO THE INTER- Treaty, approved by the Senate on May 27, P the States Parties to the Treaty on Conven- 1988, and Condition (8) of the resolution of NATIONAL CRIMINAL COURT.—The United tional Armed Forces in Europe, approved by ratification of the Document Agreed Among States understands that the protections con- the Senate on May 14, 1997. the States Parties to the Treaty on Conven- tained in Article 14 concerning the Rule of (c) PROVISO.—The resolution of ratification tional Armed Forces in Europe, approved by Specialty would preclude the resurrender of is subject to the following proviso, which the Senate on May 14, 1997. any person from the United States to the shall not be included in the instrument of (c) PROVISO.—The resolution of ratification International Criminal Court agreed to in ratification to be signed by the President: is subject to the following proviso, which Rome, Italy, on July 17, 1998, unless the SUPREMACY OF THE CONSTITUTION.—Nothing shall not be included in the instrument of United States consents to such resurrender; in the Treaty requires or authorizes legisla- ratification to be signed by the President: and the United States shall not consent to tion or other action by the United States of SUPREMACY OF THE CONSTITUTION.—Nothing the transfer of any person extradited to America that is prohibited by the Constitu- in the Treaty requires or authorizes legisla- Dominica by the United States to the Inter- tion of the United States as interpreted by tion or other action by the United States of national Criminal Court agreed to in Rome, the United States. America that is prohibited by the Constitu- Italy, on July 17, 1998, unless the treaty es- Resolved, (two-thirds of the Senators present tion of the United States as interpreted by tablishing that Court has entered into force concurring therein), That the Senate advise the United States. for the United States by and with the advice and consent to the ratification of the Extra- Resolved, (two-thirds of the Senators present and consent of the Senate, as required by Ar- dition Treaty Between the Government of concurring therein), That the Senate advise ticle II, section 2 of the United States Con- the United States of America and the Gov- and consent to the ratification of the Extra- stitution. ernment of Saint Lucia, signed at Castries dition Treaty Between the Government of (b) DECLARATION.—The Senate’s advice and on April 18, 1996 (Treaty Doc. 105–19), subject the United States of America and the Gov- consent is subject to the following declara- to the understanding of subsection (a), the ernment of Antigua and Barbuda, signed at tion, which shall be binding on the Presi- declaration of subsection (b), and the proviso St. John’s on June 3, 1996 (Treaty Doc. 105– dent: of subsection (c). 19), subject to the understanding of sub- TREATY INTERPRETATION.—The Senate af- (a) UNDERSTANDING.—The Senate’s advice section (a), the declaration of subsection (b), firms the applicability to all treaties of the and consent is subject to the following un- and the proviso of subsection (c). constitutionally based principles of treaty derstanding, which shall be included in the (a) UNDERSTANDING.—The Senate’s advice interpretation set forth in Condition (1) of instrument of ratification: PROHIBITION ON EXTRADITION TO THE INTER- and consent is subject to the following un- the resolution of ratification of the INF NATIONAL CRIMINAL COURT.—The United derstanding, which shall be included in the Treaty, approved by the Senate on May 27, States understands that the protections con- instrument of ratification: 1988, and Condition (8) of the resolution of tained in Article 14 concerning the Rule of PROHIBITION ON EXTRADITION TO THE INTER- ratification of the Document Agreed Among Specialty would preclude the resurrender of NATIONAL CRIMINAL COURT.—The United the States Parties to the Treaty on Conven- any person from the United States to the States understands that the protections con- tional Armed Forces in Europe, approved by International Criminal Court agreed to in tained in Article 14 concerning the Rule of the Senate on May 14, 1997. Rome, Italy, on July 17, 1998, unless the Specialty would preclude the resurrender of (c) PROVISO.—The resolution of ratification United States consents to such resurrender; any person from the United States to the is subject to the following proviso, which and the United States shall not consent to International Criminal Court agreed to in shall not be included in the instrument of the transfer of any person extradited to Rome, Italy, on July 17, 1998, unless the ratification to be signed by the President: Saint Lucia by the United States to the United States consents to such resurrender; SUPREMACY OF THE CONSTITUTION.—Nothing International Criminal Court agreed to in and the United States shall not consent to in the Treaty requires or authorizes legisla- Rome, Italy, on July 17, 1998, unless the trea- the transfer of any person extradited to An- tion or other action by the United States of ty establishing that Court has entered into tigua and Barbuda by the United States to America that is prohibited by the Constitu- force for the United States by and with the the International Criminal Court agreed to tion of the United States as interpreted by advice and consent of the Senate, as required in Rome, Italy, on July 17, 1998, unless the the United States. by Article II, section 2 of the United States treaty establishing that Court has entered Resolved, (two-thirds of the Senators present Constitution. into force for the United States by and with concurring therein), That the Senate advise (b) DECLARATION.—The Senate’s advice and the advice and consent of the Senate, as re- and consent to the ratification of the Extra- consent is subject to the following declara- quired by Article II, section 2 of the United dition Treaty Between the Government of tion, which shall be binding on the Presi- States Constitution. the United States of America and the Gov- dent: (b) DECLARATION.—The Senate’s advice and ernment of Grenada, signed at St. George’s TREATY INTERPRETATION.—The Senate af- consent is subject to the following declara- on May 30, 1996 (Treaty Doc. 105–19), subject firms the applicability to all treaties of the tion, which shall be binding on the Presi- to the understanding of subsection (a), the constitutionally based principles of treaty dent: declaration of subsection (b), and the proviso interpretation set forth in Condition (1) of TREATY INTERPRETATION.—The Senate af- of subsection (c). the resolution of ratification of the INF firms the applicability to all treaties of the (a) UNDERSTANDING.—The Senate’s advice Treaty, approved by the Senate on May 27, constitutionally based principles of treaty and consent is subject to the following un- 1988, and Condition (8) of the resolution of interpretation set forth in Condition (1) of derstanding, which shall be included in the ratification of the Document Agreed Among the resolution of ratification of the INF instrument of ratification: the States Parties to the Treaty on Conven- Treaty, approved by the Senate on May 27, PROHIBITION ON EXTRADITION TO THE INTER- tional Armed Forces in Europe, approved by 1988, and Condition (8) of the resolution of NATIONAL CRIMINAL COURT.—The United the Senate on May 14, 1997. S12556 CONGRESSIONAL RECORD — SENATE October 14, 1998

(c) PROVISO.—The resolution of ratification any person from the United States to the shall not be included in the instrument of is subject to the following proviso, which International Criminal Court agreed to in ratification to be signed by the President: shall not be included in the instrument of Rome, Italy, on July 17, 1998, unless the SUPREMACY OF THE CONSTITUTION.—Nothing ratification to be signed by the President: United States consents to such resurrender; in the Treaty requires or authorizes legisla- SUPREMACY OF THE CONSTITUTION.—Nothing and the United States shall not consent to tion or other action by the United States of in the Treaty requires or authorizes legisla- the transfer of any person extradited to America that is prohibited by the Constitu- tion or other action by the United States of Saint Vincent by the United States to the tion of the United States as interpreted by America that is prohibited by the Constitu- International Criminal Court agreed to in the United States. tion of the United States as interpreted by Rome, Italy, on July 17, 1998, unless the trea- Resolved, (two-thirds of the Senators present the United States. ty establishing that Court has entered into concurring therein), That the Senate advise Resolved, (two-thirds of the Senators present force for the United States by and with the and consent to the ratification of the Extra- concurring therein), That the Senate advise advice and consent of the Senate, as required dition Treaty Between the Government of and consent to the ratification of the Extra- by Article II, section 2 of the United States the United States of America and the Gov- dition Treaty Between the Government of Constitution. ernment of Trinidad and Tobago, signed at the United States of America and the Gov- (b) DECLARATION.—The Senate’s advice and Port of Spain on March 4, 1996 (Treaty Doc. ernment of Saint Kitts and Nevis, signed at consent is subject to the following declara- 105–21), subject to the understanding of sub- Basseterre on September 18, 1996 (Treaty tion, which shall be binding on the Presi- section (a), the declaration of subsection (b), Doc. 105–19), subject to the understanding of dent: and the proviso of subsection (c). subsection (a), the declaration of subsection TREATY INTERPRETATION.—The Senate af- (a) UNDERSTANDING.—The Senate’s advice (b), and the proviso of subsection (c). firms the applicability to all treaties of the and consent is subject to the following un- (a) UNDERSTANDING.—The Senate’s advice constitutionally based principles of treaty derstanding, which shall be included in the and consent is subject to the following un- interpretation set forth in Condition (1) of instrument of ratification: derstanding, which shall be included in the the resolution of ratification of the INF PROHIBITION ON EXTRADITION TO THE INTER- instrument of ratification: Treaty, approved by the Senate on May 27, NATIONAL CRIMINAL COURT.—The United PROHIBITION ON EXTRADITION TO THE INTER- 1988, and Condition (8) of the resolution of States understands that the protections con- NATIONAL CRIMINAL COURT.—The United ratification of the Document Agreed Among tained in Article 14 concerning the Rule of States understands that the protections con- the States Parties to the Treaty on Conven- Specialty would preclude the resurrender of tained in Article 14 concerning the Rule of tional Armed Forces in Europe, approved by any person from the United States to the Specialty would preclude the resurrender of the Senate on May 14, 1997. International Criminal Court agreed to in any person from the United States to the (c) PROVISO.—The resolution of ratification Rome, Italy, on July 17, 1998, unless the International Criminal Court agreed to in is subject to the following proviso, which United States consents to such resurrender; Rome, Italy, on July 17, 1998, unless the shall not be included in the instrument of and the United States shall not consent to United States consents to such resurrender; ratification to be signed by the President: the transfer of any person extradited to SUPREMACY OF THE CONSTITUTION.—Nothing and the United States shall not consent to Trinidad and Tobago by the United States to in the Treaty requires or authorizes legisla- the transfer of any person extradited to the International Criminal Court agreed to tion or other action by the United States of Saint Kitts and Nevis by the United States in Rome, Italy, on July 17, 1998, unless the America that is prohibited by the Constitu- to the International Criminal Court agreed treaty establishing that Court has entered tion of the United States as interpreted by to in Rome, Italy, on July 17, 1998, unless the into force for the United States by and with the United States. treaty establishing that Court has entered Resolved, (two-thirds of the Senators present the advice and consent of the Senate, as re- into force for the United States by and with concurring therein), That the Senate advise quired by Article II, section 2 of the United the advice and consent of the Senate, as re- and consent to the ratification of the Extra- States Constitution. quired by Article II, section 2 of the United dition Treaty Between the Government of (b) DECLARATION.—The Senate’s advice and States Constitution. the United States of America and the Gov- consent is subject to the following declara- (b) DECLARATION.—The Senate’s advice and ernment of Barbados, signed at Bridgetown tion, which shall be binding on the Presi- consent is subject to the following declara- on February 28, 1996 (Treaty Doc. 105–20), dent: tion, which shall be binding on the Presi- subject to the understanding of subsection TREATY INTERPRETATION.—The Senate af- dent: (a), the declaration of subsection (b), and the firms the applicability to all treaties of the TREATY INTERPRETATION.—The Senate af- proviso of subsection (c). constitutionally based principles of treaty firms the applicability to all treaties of the (a) UNDERSTANDING.—The Senate’s advice interpretation set forth in Condition (1) of constitutionally based principles of treaty and consent is subject to the following un- the resolution of ratification of the INF interpretation set forth in Condition (1) of derstanding, which shall be included in the Treaty, approved by the Senate on May 27, the resolution of ratification of the INF instrument of ratification: 1988, and Condition (8) of the resolution of Treaty, approved by the Senate on May 27, PROHIBITION ON EXTRADITION TO THE INTER- ratification of the Document Agreed Among 1988, and Condition (8) of the resolution of NATIONAL CRIMINAL COURT.—The United the States Parties to the Treaty on Conven- ratification of the Document Agreed Among States understands that the protections con- tional Armed Forces in Europe, approved by the States Parties to the Treaty on Conven- tained in Article 14 concerning the Rule of the Senate on May 14, 1997. tional Armed Forces in Europe, approved by Specialty would preclude the resurrender of (c) PROVISO.—The resolution of ratification the Senate on May 14, 1997. any person from the United States to the is subject to the following proviso, which (c) PROVISO.—The resolution of ratification International Criminal Court agreed to in shall not be included in the instrument of is subject to the following proviso, which Rome, Italy, on July 17, 1998, unless the ratification to be signed by the President: shall not be included in the instrument of United States consents to such resurrender; SUPREMACY OF THE CONSTITUTION.—Nothing ratification to be signed by the President: and the United States shall not consent to in the Treaty requires or authorizes legisla- SUPREMACY OF THE CONSTITUTION.—Nothing the transfer of any person extradited to Bar- tion or other action by the United States of in the Treaty requires or authorizes legisla- bados by the United States to the Inter- America that is prohibited by the Constitu- tion or other action by the United States of national Criminal Court agreed to in Rome, tion of the United States as interpreted by America that is prohibited by the Constitu- Italy, on July 17, 1998, unless the treaty es- the United States. tion of the United States as interpreted by tablishing that Court has entered into force Resolved, (two-thirds of the Senators present the United States. for the United States by and with the advice concurring therein), That the Senate advise Resolved, (two-thirds of the Senators present and consent of the Senate, as required by Ar- and consent to the ratification of the Extra- concurring therein), That the Senate advise ticle II, section 2 of the United States Con- dition Treaty Between the Government of and consent to the ratification of the Extra- stitution. the United States of America and the Gov- dition Treaty Between the Government of (b) DECLARATION.—The Senate’s advice and ernment of the Republic of India, signed at the United States of America and the Gov- consent is subject to the following declara- Washington on June 25, 1997 (Treaty Doc. ernment of Saint Vincent and the Grena- tion, which shall be binding on the Presi- 105–30), subject to the understanding of sub- dines, signed at Kingstown on August 15, 1996 dent: section (a), the declaration of subsection (b), (Treaty Doc. 105–19), subject to the under- TREATY INTERPRETATION.—The Senate af- and the proviso of subsection (c). standing of subsection (a), the declaration of firms the applicability to all treaties of the (a) UNDERSTANDING.—The Senate’s advice subsection (b), and the proviso of subsection constitutionally based principles of treaty and consent is subject to the following un- (c). interpretation set forth in Condition (1) of derstanding, which shall be included in the (a) UNDERSTANDING.—The Senate’s advice the resolution of ratification of the INF instrument of ratification: and consent is subject to the following un- Treaty, approved by the Senate on May 27, PROHIBITION ON EXTRADITION TO THE INTER- derstanding, which shall be included in the 1988, and Condition (8) of the resolution of NATIONAL CRIMINAL COURT.—The United instrument of ratification: ratification of the Document Agreed Among States understands that the protections con- PROHIBITION ON EXTRADITION TO THE INTER- the States Parties to the Treaty on Conven- tained in Article 17 concerning the Rule of NATIONAL CRIMINAL COURT.—The United tional Armed Forces in Europe, approved by Specialty would preclude the resurrender of States understands that the protections con- the Senate on May 14, 1997. any person from the United States to the tained in Article 14 concerning the Rule of (c) PROVISO.—The resolution of ratification International Criminal Court agreed to in Specialty would preclude the resurrender of is subject to the following proviso, which Rome, Italy, on July 17, 1998, unless the October 14, 1998 CONGRESSIONAL RECORD — SENATE S12557

United States consents to such resurrender; SUPREMACY OF THE CONSTITUTION.—Nothing (c) PROVISO.—The resolution of ratification and the United States shall not consent to in the Treaty requires or authorizes legisla- is subject to the following proviso, which the transfer of any person extradited to tion or other action by the United States of shall not be included in the instrument of India by the United States to the Inter- America that is prohibited by the Constitu- ratification to be signed by the President: national Criminal Court agreed to in Rome, tion of the United States as interpreted by SUPREMACY OF THE CONSTITUTION.—Nothing Italy, on July 17, 1998, unless the treaty es- the United States. in the Treaty requires or authorizes legisla- tablishing that Court has entered into force Resolved, (two-thirds of the Senators present tion or other action by the United States of for the United States by and with the advice concurring therein), That the Senate advise America that is prohibited by the Constitu- and consent of the Senate, as required by Ar- and consent to the ratification of the Proto- tion of the United States as interpreted by ticle II, section 2 of the United States Con- col to the Extradition Treaty Between the the United States. stitution. United States of America and the United Treaty Doc. 105–7 (Exec. Rept. 105–24). (b) DECLARATION.—The Senate’s advice and Mexican States of May 4, 1978, signed at TEXT OF THE COMMITTEE-RECOMMENDED consent is subject to the following declara- Washington on November 13, 1997 (Treaty RESOLUTION OF ADVICE AND CONSENT tion, which shall be binding on the Presi- Doc. 105–46), subject to the declaration of Resolved, (two-thirds of the Senators present dent: subsection (a), and the proviso of subsection concurring therein), That the Senate advise TREATY INTERPRETATION.—The Senate af- (b). and consent to the ratification of the Agree- firms the applicability to all treaties of the (a) DECLARATION.—The Senate’s advice and ment between the Government of the United constitutionally based principles of treaty consent is subject to the following declara- States of America and the Government of interpretation set forth in Condition (1) of tion, which shall be binding on the Presi- Hong Kong for the Transfer of Sentenced the resolution of ratification of the INF dent: Persons, signed at Hong Kong on April 15, Treaty, approved by the Senate on May 27, TREATY INTERPRETATION.—The Senate af- 1997 (Treaty Doc. 105–7), subject to the dec- 1988, and Condition (8) of the resolution of firms the applicability to all treaties of the laration of subsection (a), and the proviso of ratification of the Document Agreed Among constitutionally based principles of treaty subsection (b). interpretation set forth in Condition (1) of the States Parties to the Treaty on Conven- (a) DECLARATION.—The Senate’s advice and tional Armed Forces in Europe, approved by the resolution of ratification of the INF consent is subject to the following declara- the Senate on May 14, 1997. Treaty, approved by the Senate on May 27, tion, which shall be binding on the Presi- (c) PROVISO.—The resolution of ratification 1988, and Condition (8) of the resolution of dent: is subject to the following proviso, which ratification of the Document Agreed Among TREATY INTERPRETATION.—The Senate af- shall not be included in the instrument of the States Parties to the Treaty on Conven- firms the applicability to all treaties of the ratification to be signed by the President: tional Armed Forces in Europe, approved by constitutionally based principles of treaty SUPREMACY OF THE CONSTITUTION.—Nothing the Senate on May 14, 1997. interpretation set forth in Condition (1) of ROVISO.—The resolution of ratification in the Treaty requires or authorizes legisla- (b) P the resolution of ratification of the INF is subject to the following proviso, which tion or other action by the United States of Treaty, approved by the Senate on May 27, shall not be included in the instrument of America that is prohibited by the Constitu- 1988, and Condition (8) of the resolution of ratification to be signed by the President: tion of the United States as interpreted by ratification of the Document Agreed Among SUPREMACY OF THE CONSTITUTION.—Nothing the States Parties to the Treaty on Conven- the United States. in the Treaty requires or authorizes legisla- Resolved, (two-thirds of the Senators present tional Armed Forces in Europe, approved by tion or other action by the United States of concurring therein), That the Senate advise America that is prohibited by the Constitu- the Senate on May 14, 1997. and consent to the ratification of the Extra- (b) PROVISO.—The resolution of ratification tion of the United States as interpreted by is subject to the following proviso, which dition Treaty Between the Government of the United States. the United States of America and the Gov- Resolved, (two-thirds of the Senators present shall not be included in the instrument of ernment of the Republic of Zimbabwe, signed concurring therein), That the Senate advise ratification to be signed by the President: SUPREMACY OF THE CONSTITUTION.—Nothing at Harare on July 25, 1997 (Treaty Doc. 105– and consent to the ratification of the Extra- in the Treaty requires or authorizes legisla- 33), subject to the understanding of sub- dition Treaty Between the Government of tion or other action by the United States of section (a), the declaration of subsection (b), the United States of America and the Gov- America that is prohibited by the Constitu- and the proviso of subsection (c). ernment of the Republic of Austria, signed at tion of the United States as interpreted by (a) UNDERSTANDING.—The Senate’s advice Washington on January 8, 1998 (Treaty Doc. and consent is subject to the following un- 105–50), subject to the understanding of sub- the United States. Treaty Doc. 105–17 (Exec. Rept. 105–25). derstanding, which shall be included in the section (a), the declaration of subsection (b), instrument of ratification: and the proviso of subsection (c). TEXT OF THE COMMITTEE-RECOMMENDED PROHIBITION ON EXTRADITION TO THE INTER- (a) UNDERSTANDING.—The Senate’s advice RESOLUTION OF ADVICE AND CONSENT NATIONAL CRIMINAL COURT.—The United and consent is subject to the following un- Resolved, (two-thirds of the Senators present States understands that the protections con- derstanding, which shall be included in the concurring therein), That the Senate advise tained in Article 14 concerning the Rule of instrument of ratification: and consent to the ratification of the World Specialty would preclude the resurrender of PROHIBITION ON EXTRADITION TO THE INTER- Intellectual Property Organization Copy- any person from the United States to the NATIONAL CRIMINAL COURT.—The United right Treaty and the World Intellectual International Criminal Court agreed to in States understands that the protections con- Property Organization Performances and Rome, Italy, on July 17, 1998, unless the tained in Article 19 concerning the Rule of Phonograms Treaty, done at Geneva on De- United States consents to such resurrender; Specialty would preclude the resurrender of cember 20, 1996, and signed by the United and the United States shall not consent to any person from the United States to the States on April 12, 1997 (Treaty Doc. 105–17), the transfer of any person extradited to International Criminal Court agreed to in subject to the reservation of subsection (a), Zimbabwe by the United States to the Inter- Rome, Italy, on July 17, 1998, unless the the declarations of subsection (b), and the national Criminal Court agreed to in Rome, United States consents to such resurrender; provisos of subsection (c). Italy, on July 17, 1998, unless the treaty es- and the United States shall not consent to (a) RESERVATION.—The advice and consent tablishing that Court has entered into force the transfer of any person extradited to Aus- of the Senate to the WIPO Performances and for the United States by and with the advice tria by the United States to the Inter- Phonograms Treaty is subject to the follow- and consent of the Senate, as required by Ar- national Criminal Court agreed to in Rome, ing reservation, which shall be included in ticle II, section 2 of the United States Con- Italy, on July 17, 1998, unless the treaty es- the instrument of ratification and shall be stitution. tablishing that Court has entered into force binding on the President: (b) DECLARATION.—The Senate’s advice and for the United States by and with the advice REMUNERATION RIGHT LIMITATION.—Pursu- consent is subject to the following declara- and consent of the Senate, as required by Ar- ant to Article 15(3) of the WIPO Perform- tion, which shall be binding on the Presi- ticle II, section 2 of the United States Con- ances and Phonograms Treaty, the United dent: stitution. States will apply the provisions of Article TREATY INTERPRETATION.—The Senate af- (b) DECLARATION.—The Senate’s advice and 15(1) of the WIPO Performances and firms the applicability to all treaties of the consent is subject to the following declara- Phonograms Treaty only in respect of cer- constitutionally based principles of treaty tion, which shall be binding on the Presi- tain acts of broadcasting and communication interpretation set forth in Condition (1) of dent: to the public by digital means for which a di- the resolution of ratification of the INF TREATY INTERPRETATION.—The Senate af- rect or indirect fee is charged for reception, Treaty, approved by the Senate on May 27, firms the applicability to all treaties of the and for other retransmissions and digital 1988, and Condition (8) of the resolution of constitutionally based principles of treaty phonorecord deliveries, as provided under ratification of the Document Agreed Among interpretation set forth in Condition (1) of the United States law. the States Parties to the Treaty on Conven- the resolution of ratification of the INF (b) DECLARATION.—The advice and consent tional Armed Forces in Europe, approved by Treaty, approved by the Senate on May 27, of the Senate is subject to the following dec- the Senate on May 14, 1997. 1988, and Condition (8) of the resolution of larations: (c) PROVISO.—The resolution of ratification ratification of the Document Agreed Among (1) LIMITED RESERVATIONS PROVISIONS.—It is subject to the following proviso, which the States Parties to the Treaty on Conven- is the Sense of the Senate that a ‘‘limited shall not be included in the instrument of tional Armed Forces in Europe, approved by reservations’’ provision, such as that con- ratification to be signed by the President: the Senate on May 14, 1997. tained in Article 21 of the Performances and S12558 CONGRESSIONAL RECORD — SENATE October 14, 1998 Phonograms Treaty, and a ‘‘no reservations’’ by the Constitution of the United States as bring much-needed regional jet service provision, such as that contained in Article interpreted by the United States. to underserved communities. This leg- 22 of the Copyright Treaty, have the effect of f islation is designed to help restore air inhibiting the Senate in its exercise of its service to underserved communities constitutional duty to give advice and con- INTRODUCTION OF BILLS AND and to stimulate airline competition sent to ratification of a treaty, and the Sen- JOINT RESOLUTIONS ate’s approval of these treaties should not be by offering an investment tax credit to construed as a precedent for acquiescence to The following bills and joint resolu- new entrant carriers to provide re- future treaties containing such provisions. tions were introduced, read the first gional jet service to underserved mar- (2) TREATY INTERPRETATION.—The Senate and second time by unanimous con- kets. My bill also significantly reduces affirms the applicability to all treaties of sent, and referred as indicated: the current airline ticket tax on pas- the constitutionally based principles of trea- By Mr. DORGAN: sengers flying in and out of rural ty interpretation set forth in Condition (1) of S. 2629. A bill to amend the Internal Reve- the resolution of ratification of the INF America. Together, these tax incen- nue Code of 1986 to provide an investment Treaty, approved by the Senate on May 27, tives will encourage new entrants to credit to promote the availability of jet air- 1988, and Condition (8) of the resolution of enter thinner rural markets. craft to underserved communities, to reduce ratification of the Document Agreed Among This legislation has two objectives: the passenger tax rate on rural domestic the States Parties to the Treaty on Conven- (A) incentivize the purchase and de- flight segments, and for other purposes; to tional Armed Forces in Europe, approved by the Committee on Finance. ployment of regional jets for under- the Senate on May 14, 1997. By Mr. MACK: served markets; and (B) stimulate com- (c) PROVISOS.—The advice and consent of S. 2630. A bill to amend the Internal Reve- petition in rural areas by providing fi- the Senate is subject to the following provi- nancial incentives for new entrants to sos: nue Code of 1986 to provide a special rule re- (1) CONDITION FOR RATIFICATION.—The garding allocation of interest expense of serve underserved markets with re- United States shall not deposit the instru- qualified infrastructure indebtedness of tax- gional jets. Using tax credits is a fair ments of ratification for these Treaties until payers; to the Committee on Finance. and effective means to accomplish such time as the President signs into law a By Mr. JOHNSON: these goals. bill that implements the Treaties, and that S. 2631. A bill to establish a toll free num- Most small communities have not ber in the Department of Commerce to assist shall include clarifications to United States benefitted from airline deregulation. In law regarding infringement liability for on- consumers in determining if products are American-made; to the Committee on Com- fact, airline deregulation has been a line service providers, such as contained in steady decline for much of rural Amer- H.R. 2281. merce, Science, and Transportation. (2) REPORT.—On October 1, 1999, and annu- By Mr. D’AMATO (for himself and Mr. ica. Since 1978, when the Congress de- ally thereafter for five years, unless ex- MOYNIHAN): regulated the airline industry, more tended by an Act of Congress, the President S. 2632. A bill for the relief of Thomas J. than 30 small communities have had shall submit to the Committee on Foreign Sansone, Jr; to the Committee on Labor and jet service replaced with turbo prop Relations of the Senate, and the Speaker of Human Resources. service; out of the 320 small commu- the House of Representatives, a report that By Mr. FRIST: S. 2633. A bill to amend the Internal Reve- nities served by a major airline in 1978 sets out: declined from 213 to 33 by 1995; and the (A) RATIFICATION.—A list of the countries nue Code of 1986 to allow registered venders that have ratified the Treaties, the dates of to administer claims for refund of kerosene number of small communities receiv- ratification and entry into force for each sold for home heating use; to the Committee ing service to only one major hub air- country, and a detailed account of U.S. ef- on Finance. port nearly doubled, increasing from 79 forts to encourage other nations that are sig- By Mr. ASHCROFT: in 1978 to 174 in 1995. natories to the Treaties to ratify and imple- S. 2634. A bill to require reports on travel Countless studies from the General ment them. of Executive branch officers and employees Accounting Office and the U.S. Depart- (B) DOMESTIC LEGISLATION IMPLEMENTING to international conferences, and for other ment of Transportation have docu- purposes; to the Committee on Govern- THE CONVENTION.—A description of the do- mented that as the airline industry mestic laws enacted by each Party to the mental Affairs. Treaties that implement commitments By Mr. GREGG (for himself and Mr. grows more and more concentrated under the Treaties, and an assessment of the BREAUX): under deregulation, small rural com- compatibility of the laws of each country S. 2635. A bill to amend the Internal Reve- munities are being left behind with less with the requirements of the Treaties. nue Code of 1986 to provide for retirement service and higher fares. Several GAO (C) ENFORCEMENT.—An assessment of the savings for the 21st century; to the Commit- studies have pointed to the correlation measures taken by each Party to fulfill its tee on Finance. between industry concentration and obligations under the Treaties, and to ad- f higher air fares and that small rural vance its object and purpose, during the pre- communities are being hit especially vious year. This shall include an assessment SUBMISSION OF CONCURRENT AND hard as a result of the chilling of com- of the enforcement by each Party of its do- SENATE RESOLUTIONS mestic laws implementing the obligations of petition in the industry. In 1990, the the Treaties, including its efforts to: The following concurrent resolutions GAO identified several market barriers (i) investigate and prosecute cases of pi- and Senate resolutions were read, and thwarting the emergence of competi- racy; referred (or acted upon), as indicated: tion. In 1996, the GAO found that not (ii) provide sufficient resources to enforce By Mr. LOTT (for himself and Mr. only do the same problems continue to its obligations under the Treaties; DASCHLE): (iii) provide adequate and effective legal exist, but have gotten worse. S. Res. 299. A resolution to authorize testi- In the present deregulated environ- remedies against circumvention of effective mony and representation in BCCI Holdings technological measures that are used by ment, small rural communities see (Luxembourg), S.A., et al. v. Abdul Raouf very little to give them hope that air copyright owners in connection with the ex- Hasan Kahlil, et al; considered and agreed to. ercise of their rights under the Treaties or service will improve. The advent of re- the Berne Convention and that restrict acts, f gional jets holds some promise, but in respect of their works, which are not au- most RJs are presently being pur- thorized by the copyright owners concerned STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS chased by the major carriers who are or permitted by law. using them to serve high density mar- (D) FUTURE NEGOTIATIONS.—A description By Mr. DORGAN: of the future work of the Parties to the Trea- kets. Thus, if air service to rural Amer- S. 2629. A bill to amend the Internal ica is going to be revitalized, we must ties, including work on any new treaties re- Revenue Code of 1986 to provide an in- lated to copyright or phonogram protection. find a way to incentivize the deploy- (E) EXPANDED MEMBERSHIP.—A description vestment credit to promote the avail- ment of regional jets in underserved of U.S. efforts to encourage other non-signa- ability of jet aircraft to underserved markets. tory countries to sign, ratify, implement, communities, to reduce the passenger Last August, Northwest Airlines had and enforce the Treaties, including efforts to tax rate on rural domestic flight seg- a pilot strike and therefore a shutdown encourage the clarification of laws regarding ments, and for other purposes; to the of their airline service. That might not Internet service provider liability. Committee on Finance. (3) SUPREMACY OF THE CONSTITUTION.— have meant much to some. In some air- Nothing in the Convention requires or au- REGIONAL JET INVESTMENT TAX CREDIT ports, Northwest was one of a number thorizes legislation or other action by the ∑ Mr. DORGAN. Mr. President, today I of carriers that was serving certain air- United States of America that is prohibited am introducing legislation to help ports and serving passengers. But in October 14, 1998 CONGRESSIONAL RECORD — SENATE S12559 North Dakota, the State which I rep- What sense does that make, to have ceiving EAS subsidies. Under this legis- resent, Northwest Airlines was the monopolies without regulation? The lation, the 7.5 percent ad velorem tax on only airline providing jet service to my minute I say ‘‘regulation,’’ we have domestic flights to rural airports State. That is a very different picture people here having apoplectic seizures would be reduced in proportion to the than the last time we had an airline on the floor of the Senate. Oh, Lord, we amount remaining from the revenue strike, which was over 25 years ago. cannot talk about ‘‘regulation!’’ I am offset after the regional jet aircraft in- Nearly a quarter of a century ago not standing here today talking about vestment tax credit has been provided. when Northwest had another strike and regulation and I am not suggesting to It is targeted, it makes good sense, a shutdown prior to deregulation of the re-regulate the airlines. All I want to and it will stimulate investment in an airlines, we had five different airline do is see if we can provide some sort of activity that this country that very companies flying jets into the State of industrial-strength vitamin B–12 shot much needs more competition. The so- North Dakota. At roughly the same right in the rump of those airlines to called free market is clogged—a kind of time, we had folks in Congress saying: see if we cannot get them competing an airline cholesterol here that clogs ‘‘What we really need to do is foster again. How do we do that? We do it by up the arteries, and they say, ‘‘This is competition. We need to deregulate the creating the conditions that require the way we work, these are our hubs, airline industry.’’ Thus, Congress de- competition. This legislation is one at- these are out spokes, and you cannot regulated the airline industry about 20 tempt to do just that. mess with them.’’ years ago. I wasn’t here at the time, In order to encourage new startup re- My legislation simply says we would but the results for North Dakota was gional jet service, I am proposing a 10 like to assist areas that no longer have that we went from five jet carriers to percent investment tax credit for re- jet service but could support it. We one and we pay some of the highest gional jet purchases. That is, those would like to encourage companies fares of anywhere in the country. startup companies that want to begin that decide they want to come in and All those folks who swallowed the regional jet service to fly these new re- serve there to be able to purchase the goal to deregulation in order to stimu- gional jets between certain cities and regional jets and be able to initiate late competition are now choking on hubs that are not now served with re- that kind of service. the word ‘‘competition.’’ Today, stimu- gional jet service, we would say to My legislation has a second provision lating competition is likened to re-reg- them that we will help with a 10 per- which reduces the airline ticket tax for ulation. What a twist. But, the fact is cent investment tax credit on the pur- certain qualified flights in rural Amer- that competition is more the exception chase or lease of those regional jets. ica. This proposal also has a revenue than the rule. We will help because we want to pro- offset so it would not be a net loser for If you live in Chicago and you are vide incentives for the establishment the Federal budget. flying to New York or Los Angeles, of regional jet service once again in our We are not in a situation in rural God bless you, because you are going to country. areas of this country where we can just have a lot of carriers to choose from Under this legislation, qualifying sit back and say what is going to hap- and you are going to find very inexpen- carriers would be eligible for an invest- pen to us is going to happen to us and sive ticket prices. You have a choice of ment tax credit—up to ten percent of there is nothing we can do about it. carriers and ticket prices that are very the purchase or lease price—of regional There are some, I suppose, who sit attractive to you. You live in a city jet aircraft that are used primarily to around and wring their hands and with millions and millions of people serve under-served markets. To receive gnash their teeth and fret and sweat and you want to fly to another city the investment tax credit, an air car- and say, ‘‘I really cannot alter things with millions and millions of people. rier must have less than $10 billion an- very much, this is the way it is.’’ This is not an awfully bad deal for you; nual revenue passenger miles and the The way it is not satisfactory to the more choices and low fares. But if you people of my State. It is not satisfac- get beyond those cities and ask how aircraft for which the tax credit applies tory to have only one jet carrier serv- has this airline deregulation affected must be used primarily (over 50% of its ing our entire State. Our State’s trans- other Americans, what you will find is flight segments) to serve underserved portation services and airline service, less selection, fewer choices, and high- markets for 5 years. An under-served especially jet airline service, is an es- er prices. market is defined as a community North Dakota is just one example, served by an airport with fewer than sential transportation service. It ought and the recent shutdown of our state’s 60,000 annual emplanements. not be held hostage by labor problems only jet carrier highlighted the prob- The investment tax credit would be or other problems of one jet carrier. We lem. When the strike was called and offset by closing a corporate tax loop- must have competition. If all of those the airline shut down, just like that, hole regarding the deductible liquidat- in this Chamber who mean what they an entire State lost all of its jet serv- ing distributions or regulated invest- say when they talk about competition ice. ment companies and real estate invest- will weigh in here and say, ‘‘Let’s A complete shutdown of all jet serv- ment trusts. The remaining revenue stand for competition, let’s stand for ice chokes the economy very quickly. available from the offset would be used the free market, let’s try to help new People can’t move in and out. Now, I to reduce the airline ticket tax for the starts, let’s breed opportunities for happen to think Northwest is a good domestic segment serving a rural air- broader based economic ownership and carrier. I believe the same about all the port. more competition in the airline indus- major carriers. Most of them are well- Under current law, an 8 percent ad try,’’ then I think we will have done run, good companies. velorem tax is imposed on all domestic something important and useful and What I do not admire is what they flights, plus a $2 flight segment tax. good for States like mine and for many have done by retreating into regional Beginning in fiscal year 1999, the ad other rural States in this country. monopolies—dominating the access velorem tax is reduced to 7.5 percent Mr. President, I ask unanimous con- points of our Nation’s air transpor- and the flight segment tax is increased sent that a copy of this bill be printed tation system. The major carriers have to $2.25. In subsequent years, the ad in the RECORD. retreated into fortress hubs where one velorem tax remains at 7.5 percent while There being no objection, the bill was airline controls 60 or 70 or 80 percent of the flight segment tax increases $0.25 ordered to be printed in the RECORD, as all the traffic at a major hub airport. per year through 2003 at which point is follows: With that level of market dominance, capped at $3.00 per flight segment. Cur- S. 2627 does anyone believe that another car- rent law provides that the flight seg- Be it enacted by the Senate and House of Rep- rier is going to be able to come in and ment tax is not imposed on domestic resentatives of the United States of America in take them on? Competition is not flights to and from rural airports, Congress assembled, flourishing. It’s dying. This is not a which are defined as an airport with SECTION 1. TAX CREDIT FOR REGIONAL JET AIR- CRAFT SERVING UNDERSERVED free market—new entrants cannot ac- fewer than 100,000 passenger departures COMMUNITIES. cess these dominated hubs and the re- and is not located within 75 miles of (a) ALLOWANCE OF CREDIT.— sult is that we now have regional mo- another airport (that has fewer than (1) IN GENERAL.—Section 46 of the Internal nopolies without any regulation. 100,000 passenger departures) or is re- Revenue Code of 1986 (relating to amount of S12560 CONGRESSIONAL RECORD — SENATE October 14, 1998 credit) is amended by striking ‘‘and’’ at the shall be increased by an amount equal to the ‘‘SEC. 48. OTHER CREDITS.’’ end of paragraph (2), by striking the period aggregate of each qualified progress expendi- (ii) The table of sections for subpart E of at the end of paragraph (3) and inserting ‘‘, ture for the taxable year with respect to part IV of subchapter A of chapter 1 of such and’’, and by inserting after paragraph (3) progress expenditure property. Code is amended by striking the item relat- the following new paragraph: ‘‘(B) PROGRESS EXPENDITURE PROPERTY DE- ing to section 48 and inserting the following ‘‘(4) in the case of an eligible small air car- FINED.—For purposes of this paragraph, the new item: rier, the underserved community jet access term ‘progress expenditure property’ means credit.’’ any property which is being constructed for ‘‘Sec. 48. Other credits.’’ (2) UNDERSERVED COMMUNITY JET ACCESS the taxpayer and which it is reasonable to (5) EFFECTIVE DATE.—The amendments CREDIT.—Section 48 of such Code (relating to believe will qualify as a qualified regional jet made by this subsection shall apply to peri- the energy credit and the reforestation cred- aircraft of the taxpayer when it is placed in ods after the date of the enactment of this it) is amended by adding after subsection (b) service. Act, under rules similar to the rules of sec- the following new subsection: ‘‘(C) QUALIFIED PROGRESS EXPENDITURES DE- tion 48(m) of the Internal Revenue Code of ‘‘(c) UNDERSERVED COMMUNITY JET ACCESS FINED.—For purposes of this paragraph, the 1986 (as in effect on the day before the date CREDIT.— term ‘qualified progress expenditures’ means of the enactment of the Revenue Reconcili- ‘‘(1) IN GENERAL.—For purposes of section the amount paid during the taxable year to ation Act of 1990. 46, the underserved community jet access another person for the construction of such (b) REDUCED PASSENGER TAX RATE ON credit of an eligible small air carrier for any property. RURAL DOMESTIC FLIGHT SEGMENTS.—Section taxable year is an amount equal to 10 per- ‘‘(D) ONLY CONSTRUCTION OF AIRCRAFT TO BE 4261(e)(1)(C) of such Code (relating to seg- cent of the qualified investment in any TAKEN INTO ACCOUNT.—Construction shall be ments to and from rural airports) is amended qualified regional jet aircraft. taken into account only if, for purposes of to read as follows: ‘‘(2) ELIGIBLE SMALL AIR CARRIER.—For pur- this subpart, expenditures therefor are prop- ‘‘(C) REDUCTION IN GENERAL TAX RATE.— poses of this subsection and section 46— erly chargeable to capital account with re- ‘‘(i) IN GENERAL.—The tax imposed by sub- ‘‘(A) IN GENERAL.—The term ‘eligible small spect to the qualified regional jet aircraft. section (a) shall apply to any domestic seg- air carrier’ means, with respect to any quali- ‘‘(E) ELECTION.—An election under this ment beginning or ending at an airport fied regional jet aircraft, an air carrier— paragraph may be made at such time and in which is a rural airport for the calendar year ‘‘(i) to which part 121 of title 14, Code of such manner as the Secretary may by regu- in which such segment begins or ends (as the Federal Regulations, applies, and lations prescribe. Such an election shall case may be) at the rate determined by the ‘‘(ii) which has less than 10,000,000,000 (10 apply to the taxable year for which made and Secretary under clause (ii) for such year in billion) revenue passenger miles for the cal- to all subsequent taxable years. Such an lieu of the rate otherwise applicable under endar year preceding the calendar year in election, once made, may not be revoked ex- subsection (a). which such aircraft is originally placed in cept with the consent of the Secretary. ‘‘(ii) DETERMINATION OF RATE.—The rate de- service. ‘‘(7) COORDINATION WITH OTHER CREDITS.— termined by the Secretary under this clause ‘‘(B) AIR CARRIER.—The term ‘air carrier’ This subsection shall not apply to any prop- for each calendar year shall equal the rate of means any air carrier holding a certificate of erty with respect to which the energy credit tax otherwise applicable under subsection (a) public convenience and necessity issued by or the rehabilitation credit is allowed unless reduced by an amount which reflects the net the Secretary of Transportation under sec- the taxpayer elects to waive the application amount of the increase in revenues to the tion 41102 of title 49, United States Code. of such credits to such property. Treasury for such year resulting from the ‘‘(C) START-UP CARRIERS.—If an air carrier ‘‘(8) SPECIAL LEASE RULES.—For purposes of has not been in operation during the entire amendments made by subsections (a) and (c) section 50(d)(5), section 48(d) (as in effect on ll calendar year described in subparagraph the day before the date of the enactment of of section of the Wendell H. Ford Na- (A)(ii), the determination under such sub- the Revenue Reconciliation Act of 1990) shall tional Air Transportation System Improve- paragraph shall be made on the basis of a be applied for purposes of this section with- ment Act of 1998. reasonable estimate of revenue passenger out regard to paragraph (4)(B) thereof (relat- ‘‘(iii) TRANSPORTATION INVOLVING MULTIPLE miles for its first full calendar year of oper- ing to short-term leases of property with SEGMENTS.—In the case of transportation in- ation. class life of under 14 years). volving more than 1 domestic segment at ‘‘(D) AGGREGATION.—All air carriers which ‘‘(9) APPLICATION.—This subsection shall least 1 of which does not begin or end at a are treated as 1 employer under section 52 apply to periods after the date of the enact- rural airport, the rate applicable by reason shall be treated as 1 person for purposes of ment of this subsection and before January of clause (i) shall be applied by taking into subparagraph (A)(ii). 1, 2009, under rules similar to the rules of account only an amount which bears the ‘‘(3) QUALIFIED REGIONAL JET AIRCRAFT.— section 48(m) (as in effect on the day before same ratio to the amount paid for such For purposes of this subsection, the term the date of the enactment of the Revenue transportation as the number of specified ‘qualified regional jet aircraft’ means a civil Reconciliation Act of 1990).’’ miles in domestic segments which begin or aircraft— (3) RECAPTURE.—Section 50(a) of such Code end at a rural airport bears to the total num- ‘‘(A) which is originally placed in service (relating to recapture in the case of disposi- ber of specified miles in such transpor- by the taxpayer, tions, etc.) is amended by adding at the end tation.’’. ‘‘(B) which is powered by jet propulsion the following new paragraph: (c) TREATMENT OF CERTAIN DEDUCTIBLE and is designed to have a maximum pas- ‘‘(6) SPECIAL RULES FOR AIRCRAFT CREDIT.— LIQUIDATING DISTRIBUTIONS OF REGULATED senger seating capacity of not less than 30 ‘‘(A) IN GENERAL.—For purposes of deter- INVESTMENT COMPANIES AND REAL ESTATE IN- passengers and not more than 100 passengers, mining whether a qualified regional jet air- VESTMENT TRUSTS.— and craft ceases to be investment credit prop- (1) IN GENERAL.—Section 332 of the Internal ‘‘(C) at least 50 percent of the flight seg- erty, an airport which was an underserved Revenue Code of 1986 (relating to complete ments of which during any 12-month period airport as of the date such aircraft was origi- liquidations of subsidiaries) is amended by beginning on or after the date the aircraft is nally placed in service shall continue to be adding at the end the following new sub- originally placed in service are between a treated as an underserved airport during any section: hub airport (as defined in section 41731(a)(3) period this subsection applies to the aircraft. ‘‘(c) DEDUCTIBLE LIQUIDATING DISTRIBU- of title 49, United States Code, and an under- ‘‘(B) PROPERTY CEASES TO QUALIFY FOR TIONS OF REGULATED INVESTMENT COMPANIES served airport. PROGRESS EXPENDITURES.—Rules similar to AND REAL ESTATE INVESTMENT TRUSTS.—If a ‘‘(4) UNDERSERVED AIRPORT.—The term ‘un- the rules of paragraph (2) shall apply in the corporation receives a distribution from a derserved airport’ means, with respect to case of qualified progress expenditures for a regulated investment company or a real es- any qualified regional jet aircraft, an airport qualified regional jet aircraft under section tate investment trust which is considered which for the calendar year preceding the 48(c).’’ under subsection (b) as being in complete liq- calendar year in which such aircraft is origi- (4) TECHNICAL AMENDMENTS.— uidation of such company or trust, then, not- nally placed in service had less than 600,000 (A) Subparagraph (C) of section 49(a)(1) of withstanding any other provision of this enplanements. such Code is amended by striking ‘‘and’’ at chapter, such corporation shall recognize ‘‘(5) QUALIFIED INVESTMENT.—For purposes the end of clause (ii), by striking the period and treat as a dividend from such company of paragraph (1), the term ‘qualified invest- at the end of clause (iii) and inserting ‘‘, or trust an amount equal to the deduction ment’ means, with respect to any taxable and’’, and by adding at the end the following for dividends paid allowable to such com- year, the basis of any qualified regional jet new clause: pany or trust by reason of such distribu- aircraft placed in service by the taxpayer ‘‘(iv) the portion of the basis of any quali- tion.’’. during such taxable year. fied regional jet aircraft attributable to any (2) CONFORMING AMENDMENTS.— ‘‘(6) QUALIFIED PROGRESS EXPENDITURES.— qualified investment (as defined by section (A) The material preceding paragraph (1) of ‘‘(A) INCREASE IN QUALIFIED INVESTMENT.— 48(c)(5)).’’ section 332(b) of such Code is amended by In the case of a taxpayer who has made an (B) Paragraph (4) of section 50(a) of such striking ‘‘subsection (a)’’ and inserting ‘‘this election under subparagraph (E), the amount Code is amended by striking ‘‘and (2)’’ and section’’. of the qualified investment of such taxpayer inserting ‘‘, (2), and (6)’’. (B) Paragraph (1) of section 334(b) of such for the taxable year (determined under para- (C)(i) The section heading for section 48 of Code is amended by striking ‘‘section 332(a)’’ graph (5) without regard to this subsection) such Code is amended to read as follows: and inserting ‘‘section 332’’. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12561 (3) EFFECTIVE DATE.—The amendments interest deductions from U.S. to for- indebtedness’ means debt incurred to carry made by this subsection shall apply to dis- eign operations. The unfairness of this on, or to acquire, build, or finance property tributions after May 21, 1998.∑ misallocation is magnified by the fact used predominantly in, the trade or business that interest expenses are usually asso- of the furnishing or sale of electrical energy By Mr. MACK: ciated with domestically-regulated or natural gas in the United States. The de- termination of whether debt constitutes S. 2630. A bill to amend the Internal debt, which is tied to domestic produc- Revenue Code of 1986 to provide a spe- qualified infrastructure indebtedness under tion and is not as fungible as the tax the previous sentence shall be made at the cial rule regarding allocation of inter- code assumes. est expense of qualified infrastructure time the debt is incurred. The result of this economically-irra- ‘‘(ii) REQUIRED RATE REGULATION.—The indebtedness of taxpayers; to the Com- tional taxation scheme is a very high rates for the furnishing or sale of electrical mittee on Finance. effective tax rate on certain foreign in- energy or natural gas by a trade or business TAX LEGISLATION vestment and a loss of U.S. foreign tax under clause (i) must be established or ap- ∑ Mr. MACK. Mr. President, today I am credits. Rather than face this double- proved by— introducing legislation to remedy a tax penalty, some U.S. utilities have ‘‘(I) the District of Columbia or a State or problem in the way the U.S. taxes the actually chosen not to invest overseas political subdivision thereof, ‘‘(II) any agency or instrumentality of the foreign operations of U.S. electric and and others have pulled back from their United States, or gas utilities. With the 1992 passage of initial investments. ‘‘(III) a public service or public utility the National Energy Policy Act, Con- One solution to this problem is found commission or other similar body of the Dis- gress gave a green light to U.S. utili- in the legislation that I am introducing trict of Columbia or of any State or political ties wishing to do business abroad, lift- today. This remedy is to exempt from subdivision thereof. ing a long-standing prohibition. U.S. the interest allocation rules of Section ‘‘(iii) LIMITATION.—If the rate regulation utilities were allowed to compete for 864 the debt associated with a U.S. util- under clause (ii) applies only to a portion of the foreign business opportunities cre- ity’s furnishing and sale of electricity the trade or business of the furnishing or or natural gas in the United States. sale of electrical energy or natural gas, the ated by the privatization of national debt incurred to carry on, or to acquire, utilities and the need for the construc- This proposed rule is similar to the rule governing ‘‘non-recourse’’ debt, build, or finance property used in, such trade tion of facilities to meet increased en- or business shall constitute qualified infra- ergy demands abroad. which is not subjected to foreign allo- structure indebtedness only to the extent Since 1992, U.S. utility companies cation. In both cases, lenders look to that the ratio of the total outstanding quali- have made significant investments in specific cash flows for repayment and fied infrastructure indebtedness with respect utility operations in the United King- specific assets as collateral. These to such trade or business (including such dom, Australia, Eastern Europe, the loans are thus distinguishable from the debt) to the total outstanding indebtedness typical risks of general credit lending with respect to such trade or business does Far East and South America. These in- not exceed the ratio of the assets used in the vestments in foreign utilities have cre- transactions. The specific cash flow aspect of non- portion of the trade or business that is sub- ated domestic jobs in the fields of de- recourse financing is a critical element ject to such rate regulation to the total as- sign, architecture, engineering, con- of the non-recourse debt exception, and sets used in such trade or business. For pur- struction, and heavy equipment manu- poses of the determination under the preced- logic requires that the same tax treat- facturing. They also allow U.S. utili- ing sentence, assets shall be measured using ment should be given to analogous util- ties an opportunity to diversify and book value for taxation purposes unless the ity debt. Thus, my bill would exempt grow. taxpayer makes an election to use fair mar- from allocation to foreign source in- Unfortunately, the Internal Revenue ket value. Such election shall apply to the come the interest on debt incurred in taxable year for which the election is made Code penalizes these investments by the trade or business of furnishing or and all subsequent taxable years unless re- subjecting them to double-taxation. selling electricity or natural gas in the voked with the consent of the Secretary.’’ U.S. companies with foreign operations (b) EFFECTIVE DATE.— United States. The current situation is (1) IN GENERAL.—The amendments made by receive tax credits for a portion of the a very real problem that must be rem- taxes they pay to foreign countries, to this section shall apply to debt incurred in edied, and I urge my colleagues to sup- taxable years beginning after the date of en- reduce the double-taxation that would port the solution I am proposing. otherwise result from the U.S. policy of actment of this Act. Mr. President, I ask unanimous con- (2) OUTSTANDING DEBT.—In the case of debt taxing worldwide income. The size of sent that the text of the bill be printed outstanding as of the date of enactment of these foreign tax credits are affected in the RECORD. this Act, the determination of whether such by a number of factors, as U.S. tax laws There being no objection, the bill was debt constitutes ‘‘qualified infrastructure in- recalculate the amount of foreign in- ordered to be printed in the RECORD, as debtedness’’ shall be made by applying the come that is recognized for tax credit follows: rules of section 864(e)(6)(B) of the Internal Revenue Code of 1986, as added by this sec- purposes. S. 2630 tion, on the date such debt was incurred.∑ Section 864 of the tax code allocates Be it enacted by the Senate and House of Rep- deductible interest expenses between resentatives of the United States of America in By Mr. JOHNSON: the U.S. and foreign operations based Congress assembled, S. 2631. A bill to establish a toll free on the relative book values of assets lo- SECTION 1. TREATMENT OF INTEREST EXPENSE number in the Department of Com- OF QUALIFIED INFRASTRUCTURE cated in the U.S. and abroad. By ignor- merce to assist consumers in determin- ing business realities and the peculiar INDEBTEDNESS. (a) IN GENERAL.—Section 864(e) of the In- ing if products are American-made; to circumstances of U.S. utilities, this al- ternal Revenue Code of 1986 (relating to rules the Committee on Commerce, Science, location rule overtaxes them. Because for allocating interest, etc.) is amended by and Transportation. U.S. utilities were until recently pre- redesignating paragraphs (6) and (7) as para- MADE IN AMERICA CONSUMER HOTLINE vented from operating abroad, their graphs (7) and (8), respectively, and inserting LEGISLATION foreign plants and equipment have after paragraph (5) the following new para- ∑ Mr. JOHNSON. Mr. President, today been recently-acquired and con- graph: I introduce common-sense legislation sequently have not been much depre- ‘‘(6) TREATMENT OF CERTAIN INTEREST EX- PENSE RELATING TO QUALIFIED INFRASTRUC- which will greatly benefit America’s ciated, in contrast to their domestic TURE INDEBTEDNESS.— manufacturers and consumers. My col- assets which are in most cases fully-de- ‘‘(A) IN GENERAL.—Interest expense attrib- league, Senator DEWINE of Ohio, is preciated. Thus a disproportionate utable to qualified infrastructure indebted- joining me as an original cosponsor of amount of interest expenses are allo- ness of a taxpayer shall be allocated and ap- this bill. The ‘‘Made In America’’ Con- cated to foreign income, reducing the portioned solely to sources within the United sumer Hotline bill will establish a toll foreign income base that is recognized States and the taxpayer’s assets (whether or free number in the Department of Com- for U.S. tax purposes thus the size of not held in the United States) shall be re- merce to assist consumers in determin- the corresponding foreign tax credits. duced by the amount of qualified infrastruc- ture indebtedness. ing whether the products they buy are As the allocation rules increase the ‘‘(B) QUALIFIED INFRASTRUCTURE INDEBTED- American-made. The House has passed double-taxation of foreign income by NESS.— this legislation and I urge my col- reducing foreign tax credits, they also ‘‘(i) IN GENERAL.—For purposes of this leagues to move this bill swiftly in our increase domestic taxation by shifting paragraph, the term ‘qualified infrastructure remaining days of the Congress. S12562 CONGRESSIONAL RECORD — SENATE October 14, 1998 As the world economy becomes more Freedom of information about coun- result, families of children like Tommy inter-related, determining to what ex- try of origin labeling is fair trade be- find it nearly impossible to win a claim tent a product is ‘‘Made in America’’ is cause it provides global consumers against the Vaccine Injury Compensa- increasingly difficult for American with freedom of choice. In today’s glob- tion Program. Most importantly, the consumers. We have come to expect ac- al economy, consumers deserve access program is failing its mission. cess to information about so many of to information on where the products Today, the Vaccine Injury Compensa- the products and services we rely on their families use are from. By passing tion Program is seen as a Fort Knox of every day, information to help us make this ‘‘Made in America’’ toll-free hot- government funds that not even the decisions about what’s best for our line legislation, Congress will help con- worthiest claim can access without a families, our communities and our sumers assert their right to know.∑ high-priced lawyer to guide it through economy. With auto parts, computers, a labyrinth of bureaucratic regula- clothing, or appliances, American con- By Mr. D’AMATO (for himself tions. It is no longer the ‘‘no-fault sumers know that the ‘‘Made in Amer- and Mr. MOYNIHAN): compensation program under which ica’’ designation on products rep- S. 2632. A bill for the relief of Thomas awards can be made to vaccine-injured resents quality, reliability, and value. J. Sansone, Jr.; to the Committee on persons quickly, easily, and with cer- This legislation would establish a Labor and Human Relations. tainty and generosity,’’ as we origi- pilot program for the operation of a PRIVATE RELIEF BILL FOR TOMMY SANSONE, JR. nally intended in 1986. three-year, toll-free number to assist Mr. D’AMATO. Mr. President, I rise To be clear, VICP is not a medical in- consumers in determining what prod- today to introduce a bill for myself and surance policy. The program is not de- ucts are ‘‘Made in America.’’ This leg- for Senator MOYNIHAN that will provide signed to take care of those who can- islation will have no cost to American compensation under the National Vac- not get or receive care. VICP is a com- taxpayers. Instead, fees collected from cine Injury Compensation Program pensation program, where the govern- manufacturers who voluntarily choose (VICP) to Tommy Sansone, Jr. Tommy ment makes amends for a failure in the to register their product will fully fund was injured by a DPT vaccine in June system that it established. Claims are the toll-free line. In the past, I cospon- 1994 and continues to suffer seizures paid from a trust fund established from sored this hotline legislation in the and brain damage to this day. Tommy surcharged that are paid on each shot a House and I applaud my House col- is the unintended and helpless victim child receives. The fund serves as an in- leagues for passing this bill. of a drug designed to help him. He surance policy against vaccine injuries. Providing consumers access to accu- needs our help because while the Vac- But, following the regulatory changes rate and reliable information on the cine Injury Program is meant to make made in 1995, the government is not content of the products they buy is reparations for these injuries, it is recognizing even the most legitimate common-sense legislation that is long hampered by regulations that chal- of claims. We are failing the very chil- overdue. Some may object to the cre- lenges the worthiest of claims. dren we are trying to protect. ation of such an information hotline as Let me be clear, I am not advocating Senator JEFFORDS, the chairman of a protectionist endeavor. On the con- against our national immunization the Senate Labor Committee and I trary, I believe there is nothing more program. Vaccines are an integral part have commissioned the GAO to study conducive to fair trade than providing of our preventive health program, and the vaccine injury program. We asked consumers the freedom to decide what in no way should we stop vaccinating them to examine the overall operation product is best for them. This legisla- our kids. However, in rare instances, a and effectiveness of the Vaccine Injury tion is not about telling consumers child will receive a shot designed to Compensation Program and the Na- what to buy, it’s about providing con- keep him safe from whooping cough or tional Vaccine Program. They will sumers the resources they need to measles or other illness but react vio- look at how revenues in the compensa- make their own decisions. lently to the serum and end up crippled tion fund are being managed and dis- I have worked hard to advance the or sometimes killed. The answer is not persed and whether vaccine injury issue of freedom of information on to stop inoculating our children. We claims are reviewed and processed in a country of origin labeling, but we need must review the program to ensure we fair and timely manner. They will look to do more to facilitate consumer ac- provide our children with the greatest for those barriers, if any, that petition- cess to information. As you and I protection possible against the tragic ers face in proving vaccine-related in- know, we can easily determine which diseases that older generations of juries. We’ve asked them to look into country manufactured the automobiles Americans knew all too well, and we how well information about vaccine we drive. We trust the tags on our must review the Vaccine Injury Act. safety and injuries is collected, main- shirts or trousers and we can see where Back in 1986, Congress passed the tained and distributed, and to rec- our computers, stereos, and telephones Vaccine Injury Act to take care of vac- ommend changes (legislative or regu- were made by simply looking at the cine injuries because the shots that we latory) to improve the Vaccine Injury products’ label. But many areas remain required our children to get were not Compensation Program and the Na- void of information on product origin. as safe as they could have been. Since tional Vaccine Program. We want to For example, when we go to the gro- the program was established, more fix VICP for children nationwide who cery store to purchase meat products than 1100 children have been com- needlessly suffer twice at the hands of for our families to eat, we have no idea pensated. Over the first ten years, a the federal government; once with an where that meat originated. great percentage of those with seizures adverse reaction to a vaccine they are Throughout my service in the United or brain damage or other symptoms required to receive and a second time States Congress, I have been a strong were recognized to be DPT-injured, when they cannot hold the federal gov- believer in country of origin labeling and, they were summarily com- ernment liable for their pain and suf- for all types of consumer products. I pensated. But, by 1995, the Institutes of fering. But, there is something we can have been an especially strong sup- Medicine (IOM) and others concluded do now. We need to take care of this porter of country of origin labeling for that because the symptoms had no little guy, Tommy Sansone, Jr. meat products because of its common- unique clinical profile, they were not Over the years after his DPT shot sense nature, its benefits to ranchers, necessarily DPT injuries. So, HHS (the combined shot for diphtheria, per- farmers, and consumers, its strong bi- changed the definitions of tussis and tetanus), Tommy suffers se- partisan and agricultural group sup- encephalopathy (inflammation of the vere seizures and from brain damage port, its cost-free benefit to taxpayers brain), and of vaccine injury. Those new that has hampered his mental develop- as scored by the Congressional Budget definitions had unintended con- ment. When he wakes in the morning Office (CBO), and its trade friendly pro- sequences. Now, the program that we or from a nap, either his mother or fa- visions. I don’t intend to stop at agri- set up to be expeditious and fair, uses ther is at his side waiting for the inevi- cultural products. The legislation I am criteria that are so strict that the fund table. Tommy’s eyes tear and his face introducing today targets general con- from which these claims are paid pays cringes in agony as his entire body is sumer products greater than $250 in fewer claims than before and the fund wracked with a muscle-clenching sei- value. has ballooned to over $1.2 billion. As a zure. His parents hold him helplessly October 14, 1998 CONGRESSIONAL RECORD — SENATE S12563 until the seizure subsides, sometimes S. 2632 concerns. In addition, many small oil for as long as five minutes. Tommy Be it enacted by the Senate and House of Rep- companies and kerosene venders do not will then look into his mother’s loving resentatives of the United States of America in have sufficient facilities to sell both eyes, and say, ‘‘No more, mommy. Congress assembled, dyed and undyed kerosene, and many Make them stop.’’ SECTION 1. COMPENSATION FOR VACCINE-RE- states have regulations mandating that LATED INJURY. only undyed kerosene may be used in At the very least, Tommy’s parents (a) CAUSE OF INJURY.—In consideration of know that the strain of vaccine used on the petition filed under subtitle 2 of title home heaters. As a result, many con- Tommy is now being phased out be- XXI of the Public Health Service Act (42 sumers of kerosene for non-taxable cause of the rash of adverse reactions U.S.C. 300aa–10 et seq.) (relating to the Na- home heating purposes will either be it caused. But, this does nothing for tional Vaccine Injury Compensation Pro- forced, or will choose for safety rea- Tommy or his parents who have been gram) by the legal representatives of Thom- sons, to purchase the taxable undyed in and out of countless hospitals, and as J. Sansone, Jr., including the claims con- kerosene. Under current law and IRS tained in that petition that the injury de- consulted with doctors and experts at regulation, only the taxpayer is al- scribed in that petition was cause by a vac- lowed to file a claim for a fuel credit if the Centers for Disease Control and the cine covered in the Vaccine Injury Table Health Resources and Services Admin- specified in section 2114 of such Act (42 he or she purchases taxable kerosene istration. Their claim for compensa- U.S.C. 300aa–14) and given on June 1, 1994, for a non-taxable purpose other than tion was dismissed in the Federal such injury is deemed to have been caused by from a blocked pump. Court of Claims, but they and Tommy’s such vaccine for the purposes of subtitle 2 of The Internal Revenue Service (IRS) doctor feel (and I agree with them) title XXI of such Act. has provided refund and credit proce- (b) PAYMENT.—The Secretary of Health and that they should have known more dures for vendors and/or purchasers of Human Services shall pay compensation to the clear, taxed kerosene when the ker- about the potential dangers of the DPT Thomas J. Sansone, Jr. for the injury re- osene is intended for nontaxable pur- vaccine that Tommy received on June ferred to in subsection (a) in accordance with poses like home heating. This process, 1, 1994. No one told them that there was section 2115 of the Public Health Service Act however, is complex and potentially a chance that the DPT vaccine could (42 U.S.C. 300aa–15). unwieldy. Individual purchasers may cause such trauma. No one told them claim a credit on line 59 of the 1040 tax about ‘‘hot lots,’’ an unofficial team By Mr. FIRST: form for whatever amount of tax they for a batch of shots that has had an S. 2633. A bill to amend the Internal paid on clear kerosene bought for a abundance of adverse reactions. The lot Revenue Code of 1986 to allow reg- nontaxable use. It is true that an indi- that Tommy received is known to have istered venders to administer claims for refund of kerosene sold for home vidual must file a return, even if he or had 44 such reactions from March–No- she otherwise would not, in order to re- vember 1994, including 2 deaths. These heating use; to the Committee on Fi- nance. ceive the credit from the IRS. Vendors are reactions beyond the short-lived may claim a credit on their tax returns fever and rashes that accompany many TAX CLAIMS FOR REFUND OF KEROSENE SOLD FOR HOME HEATING USE or may claim a quarterly refund if at vaccines. Their doctor didn’t know least $750 is owed. about the availability of the ‘‘new’’ ∑ Mr. FRIST. Mr. President, today I in- troduce a bill that will correct a grave Because many of these kerosene con- acellular strain of pertussis vaccine sumers do not file tax return form 1040, that is replacing the whole cell version injustice to users of kerosene for home heating. My bill would amend last this provision is an undue burden on that has been used since the 1930s. hundreds, perhaps thousands, of Ten- Sure, it costs a couple of dollars more, year’s change to the tax code concern- ing kerosene to allow registered ven- nesseans, and many thousands of but who wouldn’t choose that for their Americans. The complex nature of the child—given the choice? dors to administer claims for the re- fund of kerosene sold for home heating kerosene tax refund policies on individ- Tommy’s claim would have been cov- use. ual consumers who use kerosene for ered before the 1995 changes, but that As many of you know, on July 1, 1998, home heating is unduly burdensome. is not the case any longer. He’s the vic- new regulations regarding the taxation Additionally, for the consumers to pay tim of a bad DPT vaccine, yet his case of kerosene went into effect, and I have a 24.4 cent tax per gallon at all strikes continues to be denied because the first heard from many Tennesseans who are me as unjust taxation. Many of those seizure didn’t occur within 72 hours of concerned about the new tax policies. who use kerosene for home heating are the shot. It occurred 18 days later, and These provisions were included in the poor and can ill-afford to pay approxi- he suffers to this day. Tommy also has House version of the ‘‘Taxpayer Relief mately 25% more per gallon of ker- brain damage (encephalopathy) be- Act of 1997.’’ While these provisions osene—even if it is to be refunded at a cause of the DPT shot, but it doesn’t were not included in the Senate version later time. I sent a letter to the Internal Reve- fit that new definition either. He cried of the bill, the House language pre- nue Service (IRS) on August 13, 1998 and moaned at a shrill pitch from the vailed when the Senate and House asking Commissioner Rossotti to issue moment of the shot until his first sei- worked out the conference agreement a regulation that would allow kerosene zure, but that doesn’t matter either. on this bill. Prior to the 1997 change in vendors to file refund claims on behalf For the first six months of his life, law, kerosene was not taxable unless it of their consumers. The Commissioner tommy was in all ways normal, but for was blended with taxable diesel fuel or responded that such a regulation would 4 and a half years since the DPT vac- used as an aviation fuel, nor was it sub- cine he and his family have suffered. As require Congressional action to actu- ject to dyeing requirements. ally change the statute. a parent and grandparent, I would do There have been continued problems anything to protect my family from This bill would do just that. I urge with the use of untaxed kerosene being my colleagues to support this measure such pain and suffering. Tom Senior blended with taxable highway fuel, like has done everything he knows how to and I strongly urge passage of this diesel. As a result, some members of bill.∑ help his son. Now he has turned to me the House of Representatives deter- because he knows I am in a position to mined and diesel fuel compliance meas- By Mr. GREGG (for himself and help and I will not relent in my pursuit ures, like dyeing, should be extended to Mr. BREAUX): of relief for the Sansone family. The kerosene. According to the new law, S. 2635. A bill to amend the Internal Vaccine Injury Compensation Program kerosene is taxed at 24.4 cents per gal- Revenue Code of 1986 to provide for re- should take care of Tommy, but it lon unless it is indelibly dyed and used tirement savings for the 21st century; doesn’t. This bill will enable us to en- only for a nontaxable use like home to the Committee on Finance. sure that it does. heating. 21ST CENTURY RETIREMENT SAVINGS ACT Mr. President, I ask unanimous con- I am concerned about these changes, Mr. GREGG. Mr. President, I rise, sent that the text of the bill be printed especially since kerosene is often used along with my colleague Senator JOHN in the RECORD. as a heating oil or in space heaters. BREAUX, to introduce the 21st Century There being no objection, the bill was This is a nontaxable use; however, it is Retirement Savings Act. ordered to be printed in the RECORD, as unclear whether dyed kerosene may be Earlier this year, I joined Senator follows: used in space heaters due to health BREAUX as two of six co-sponsors of S. S12564 CONGRESSIONAL RECORD — SENATE October 14, 1998 2313, a bill to strengthen and preserve ments under the National Manufac- crease the amount of payment under Social Security. This legislation was tured Housing Construction and Safety the Medicare program for pap smear developed through the expertise of the Standards Act of 1974 and to establish a laboratory tests. National Commission on Retirement balanced consensus process for the de- S. 2597 Policy, convened by the Center of Stra- velopment, revision, and interpretation At the request of Mr. TORRICELLI, the tegic and International Studies. of Federal construction and safety name of the Senator from New York The Commission was unique among standards for manufactured homes. (Mr. D’AMATO) was added as a cospon- such efforts in that it looked at the en- S. 2263 sor of S. 2597, a bill to amend the Fed- tire picture surrounding retirement At the request of Mr. GORTON, the eral Agriculture Improvement and Re- saving, and did not seek to increase in- names of the Senator from Michigan form Act of 1996 to improve the farm- come through one venue at the expense (Mr. ABRAHAM) and the Senator from land protection program. of another. It was our finding that in- Louisiana (Ms. LANDRIEU) were added S. 2598 come through all of the components of as cosponsors of S. 2263, a bill to amend At the request of Mr. TORRICELLI, the the national retirement structures— the Public Health Service Act to pro- name of the Senator from Illinois (Mr. Social Security, employer-provided vide for the expansion, intensification, DURBIN) was added as a cosponsor of S. pensions, and individual savings—need- and coordination of the activities of 2598, a bill to require proof of screening ed to be increased if we are to meet the the National Institutes of Health with for lead poisoning and to ensure that needs of the 21st century. respect to research on autism. children at highest risk are identified This legislation to shore up private S. 2281 and treated. retirement savings is a companion At the request of Mr. DEWINE, the SENATE JOINT RESOLUTION 56 piece to S. 2313, which dealt with So- name of the Senator from New York RASSLEY cial Security. I am pleased that it will At the request of Mr. G , the (Mr. D’AMATO) was added as a cospon- also be introduced by Congressmen names of the Senator from Michigan sor of S. 2281, a bill to amend the Tariff (Mr. ABRAHAM), the Senator from Wyo- KOLBE and STENHOLM in the House. Act of 1930 to eliminate disincentives ming (Mr. ENZI), and the Senator from f to fair trade conditions. Pennsylvania (Mr. SANTORUM) were ADDITIONAL COSPONSORS S. 2288 added as cosponsors of Senate Joint S. 244 At the request of Mr. WARNER, the Resolution 56, a joint resolution ex- At the request of Mr. MCCAIN, the name of the Senator from Rhode Island pressing the sense of Congress in sup- name of the Senator from New York (Mr. CHAFEE) was added as a cosponsor port of the existing Federal legal proc- (Mr. D’AMATO) was added as a cospon- of S. 2288, a bill to provide for the re- ess for determining the safety and effi- sor of S. 244, a bill to amend the Inter- form and continuing legislative over- cacy of drugs, including marijuana and nal Revenue Code of 1986 to repeal the sight of the production, procurement, other Schedule I drugs, for medicinal increase in the tax on social security dissemination, and permanent public use. benefits. access of the Government’s publica- SENATE RESOLUTION 199 S. 859 tions, and for other purposes. At the request of Mr. TORRICELLI, the At the request of Mr. KYL, the name S. 2295 name of the Senator from Georgia (Mr. of the Senator from New York (Mr. At the request of Mr. MCCAIN, the CLELAND) was added as a cosponsor of D’AMATO) was added as a cosponsor of name of the Senator from New York Senate Resolution 199, a resolution des- S. 859, a bill to repeal the increase in (Mr. D’AMATO) was added as a cospon- ignating the last week of April of each tax on social security benefits. sor of S. 2295, a bill to amend the Older calendar year as ‘‘National Youth Fit- ness Week.’’ S. 1529 Americans Act of 1965 to extend the au- f At the request of Mr. KENNEDY, the thorizations of appropriations for that name of the Senator from New York Act, and for other purposes. SENATE RESOLUTION 299—AU- (Mr. MOYNIHAN) was added as a cospon- S. 2324 THORIZING TESTIMONY AND sor of S. 1529, a bill to enhanceFederal At the request of Mr. DURBIN, the REPRESENTATION BY THE SEN- enforcement of hate crimes, and for name of the Senator from Connecticut ATE LEGAL COUNSEL other purposes. (Mr. DODD) was added as a cosponsor of Mr. LOTT (for himself and Mr. S. 1855 S. 2324, a bill to amend section 922(t) of DASCHLE) submitted the following reso- At the request of Mr. WYDEN, the title 18, United States Code, to require lution; which was considered and name of the Senator from Michigan the reporting of information to the agreed to: chief law enforcement officer of the (Mr. ABRAHAM) was added as a cospon- S. RES. 299 buyer’s residence and to require a min- sor of S. 1855, a bill to require the Oc- Whereas, in the case of BCCI Holdings (Lux- cupational safety and Health Adminis- imum 72-hour waiting period before the embourg), S.A., et al. v. Abdul Raouf Hasan tration to recognize that electronic purchase of a handgun, and for other Khalil, et al., C.A. No. 95–1252 (JHG), pending forms of providing MSDSs provide the purposes. in the United States District Court for the same level of access to information as S. 2353 District of Columbia, the plaintiffs have re- paper copies. At the request of Mr. DURBIN, the quested testimony from Jack Blum, a former employee on the staff of the Committee on S. 2054 name of the Senator from Oregon (Mr. Foreign Relations; At the request of Mr. JEFFORDS, the WYDEN) was added as a cosponsor of S. Whereas, pursuant to sections 703(a) and name of the Senator from South Da- 2353, a bill to redesignate the legal pub- 704(a)(2) of the Ethics in Government Act of kota (Mr. JOHNSON) was added as a co- lic holiday of ‘‘Washington’s Birthday’’ 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the sponsor of S. 2054, a bill to amend title as ‘‘Presidents’ Day’’ in honor of Senate may direct its counsel to represent XVIII of the Social Security Act to re- George Washington, Abraham Lincoln, Members, officers, and employees of the Sen- quire the Secretary of Veterans Affairs and Franklin Roosevelt and in recogni- ate with respect to any subpoena, order, or and the Secretary of Health and tion of the importance of the institu- request for testimony relating to their offi- tion of the Presidency and the con- cial responsibilities; Human Services to carry out a model Whereas, by the privileges of the Senate of project to provide the Department of tributions that Presidents have made the United States and Rule XI of the Stand- Veterans Affairs with medicare reim- to the development of our Nation and ing Rules of the Senate, no evidence under bursement for medicare health-care the principles of freedom and democ- the control or in the possession of the Senate services provided to certain medicare- racy. may, by the judicial or administrative proc- eligible veterans. S. 2378 ess, be taken from such control or possession but by permission of the Senate; S. 2145 At the request of Mr. AKAKA, the Whereas, when it appears that evidence At the request of Mr. SHELBY, the name of the Senator from Washington under the control or in the possession of the name of the Senator from Maine (Ms. (Mrs. MURRAY) was added as a cospon- Senate may promote the administration of COLLINS) was added as a cosponsor of S. sor of S. 2378, a bill to amend title justice, the Senate will take such action as 2145, a bill to modernize the require- XVIII of the Social Security Act to in- will promote the ends of justice consistently October 14, 1998 CONGRESSIONAL RECORD — SENATE S12565 with the privileges of the Senate: Now, (C) the feasibility and cost-benefit ratio of At the appropriate place, insert the follow- therefore, be it each available option for a national data- ing: Resolved, That Jack Blum is authorized to base; SEC. . NATIONAL ENVIRONMENTAL WASTE testify in the case of BCCI Holdings (Luxem- (2) survey the States to determine how the TECHNOLOGY TESTING AND EVAL- bourg), S.A., et al. v. Abdul Raouf Hasan States are enforcing the prohibition on re- UATION CENTER. Khalil, et al., except concerning matters for cipients receiving assistance in more than 1 (a) IN GENERAL.—The Administrator of the which a privilege should be asserted. State under Federal means-tested public as- Environmental Protection Agency is author- SEC. 2. That the Senate Legal Counsel is sistance programs; ized to provide financial assistance to the authorized to represent Jack Blum in con- (3) determine the functional requirements National Environmental Waste Technology nection with the testimony authorized by of each available option for a national data- Testing and Evaluation Center in Butte, section one of this resolution. base; and Montana. f (4) ensure that all options provide safe- (b) AUTHORIZATION OF APPROPRIATIONS.— guards to protect against the unauthorized There is authorized to be appropriated to AMENDMENTS SUBMITTED use or disclosure of information in the na- carry out this section $10,000,000 for each of tional database. fiscal years 1998 through 2002. (c) REPORT.—Not later than 1 year after f DENIAL FOR FOOD STAMPS FOR the date of enactment of this Act, the Sec- DECEASED INDIVIDUALS retary shall submit to Congress a report on OFFICER DALE CLAXTON BULLET the results of the study conducted under this RESISTANT POLICE PROTECTIVE section. EQUIPMENT ACT OF 1998 LUGAR (AND HARKIN) (d) FUNDING.—Out of any moneys in the AMENDMENT NO. 3822 Treasury not otherwise appropriated, the Mr. CRAIG (for Mr. LUGAR for him- Secretary of the Treasury shall provide to JEFFORDS (AND LEAHY) self and Mr. HARKIN) proposed an the Secretary of Agriculture $500,000 to carry AMENDMENT NO. 3825. amendment to the bill (S. 1733) to re- out this section. The Secretary shall be enti- quire the Commissioner of Social Secu- tled to receive the funds and shall accept the Mr. JEFFORDS (for himself and Mr. funds, without further appropriation. LEAHY) proposed an amendment to the rity and food stamp State agencies to Amend the title so as to read: ‘‘A bill to take certain actions to ensure that amend the Food Stamp Act of 1977 to require bill (S. 2253) to establish a matching food stamp coupons are not issued for food stamp State agencies to take certain grant program to help State and local deceased individuals; as follows: actions to ensure that food stamp coupons jurisdictions purchase bullet resistant Strike all after the enacting clause and in- are not issued for deceased individuals, to re- equipment for use by law enforcement sert the following: quire the Secretary of Agriculture to con- departments; as follows: SECTION 1. DENIAL OF FOOD STAMPS FOR DE- duct a study of options for the design, devel- Beginning on page 8, strike line 17 and all CEASED INDIVIDUALS. opment, implementation, and operation of a that follows through page 9, line 6, and insert (a) IN GENERAL.—Section 11 of the Food national database to track participation in the following: Stamp Act of 1977 (7 U.S.C. 2020) is amended Federal means-tested public assistance pro- by adding at the end the following: grams, and for other purposes.’’. vise sentenced criminal offenders. ‘‘(r) DENIAL OF FOOD STAMPS FOR DECEASED f ‘‘Subpart C—Grant Program For Video INDIVIDUALS.—Each State agency shall— Cameras ‘‘(1) enter into a cooperative arrangement CONCURRENT RESOLUTION ON ‘‘SEC. 2521. PROGRAM AUTHORIZED. with the Commissioner of Social Security, THE AGREEMENT ON TRADE-RE- ‘‘(a) IN GENERAL.—The Director of the Bu- pursuant to the authority of the Commis- LATED ASPECTS OF INTELLEC- reau of Justice Assistance is authorized to sioner under section 205(r)(3) of the Social TUAL PROPERTY make grants to States, units of local govern- Security Act (42 U.S.C. 405(r)(3)), to obtain ment, and Indian tribes to purchase video information on individuals who are deceased; cameras for use by State, local, and tribal and LAUTENBERG AMENDMENT NO. law enforcement agencies in law enforce- ‘‘(2) use the information to verify and oth- ment vehicles. 3823 erwise ensure that benefits are not issued to ‘‘(b) USES OF FUNDS.—Grants awarded individuals who are deceased.’’. Mr. CRAIG (for Mr. LAUTENBERG) under this section shall be— EPORT.—Not later than September 1, (b) R ‘‘(1) distributed directly to the State, unit 2000, the Secretary of Agriculture shall sub- proposed an amendment to the concur- of local government, or Indian tribe; and mit a report regarding the progress and ef- rent resolution (S. Con. Res. 124) ex- ‘‘(2) used for the purchase of video cameras fectiveness of the cooperative arrangements pressing the sense of Congress regard- for law enforcement vehicles in the jurisdic- entered into by State agencies under section ing the denial of benefits under the tion of the grantee. 11(r) of the Food Stamp Act of 1977 (7 U.S.C. Generalized System of Preferences to ‘‘(c) PREFERENTIAL CONSIDERATION.—In 2020(r)) (as added by subsection (a)) to— developing countries that violate the awarding grants under this subpart, the Di- (1) the Committee on Agriculture of the intellectual property rights of United rector of the Bureau of Justice Assistance House of Representatives; may give preferential consideration, if fea- (2) the Committee on Agriculture, Nutri- States persons, particularly those that sible, to an application from a jurisdiction tion, and Forestry of the Senate; have not implemented their obliga- that— (3) the Committee on Ways and Means of tions under the Agreement on Trade- ‘‘(1) has the greatest need for video cam- the House of Representatives; Related Aspects of Intellectual Prop- eras, based on the percentage of law enforce- (4) the Committee on Finance of the Sen- erty; as follows: ment officers in the department do not have ate; and On page 3, line 5, strike all in the line after access to a law enforcement vehicle equipped (5) the Secretary of the Treasury. ‘‘that’’ and insert: ‘‘is not making substan- with a video camera; (d) EFFECTIVE DATE.—This section and the tial progress towards adequately and effec- amendments made by this section take ef- ‘‘(2) has a violent crime rate at or above tively protecting’’. fect on June 1, 2000. the national average as determined by the Federal Bureau of Investigation; or SEC. 2. STUDY OF NATIONAL DATABASE FOR FED- f ERAL MEANS-TESTED PUBLIC AS- ‘‘(3) has not received a block grant under SISTANCE PROGRAMS. ESTUARY HABITAT RESTORATION the Local Law Enforcement Block Grant (a) IN GENERAL.—The Secretary of Agri- PARTNERSHIP ACT OF 1998 program described under the heading ‘Vio- culture shall conduct a study of options for lent Crime Reduction Programs, State and the design, development, implementation, Local Law Enforcement Assistance’ of the and operation of a national database to BAUCUS (AND BURNS) Departments of Commerce, Justice, and track participation in Federal means-tested AMENDMENT NO. 3824 State, the Judiciary, and Related Agencies public assistance programs. Appropriations Act, 1998 (Public Law 105– (b) ADMINISTRATION.—In conducting the Mr. CRAIG (for Mr. BAUCUS for him- 119). study, the Secretary shall— self and Mr. BURNS) proposed an ‘‘(d) MINIMUM AMOUNT.—Unless all eligible (1) analyze available data to determine— amendment to the bill (S. 1222) to cata- applications submitted by any State or unit (A) whether the data have addressed the lyze restoration of estuary habitat of local government within such State for a needs of the food stamp program established through more efficient financing of grant under this section have been funded, under the Food Stamp Act of 1977 (7 U.S.C. such State, together with grantees within 2011 et seq.); projects and enhanced coordination of the State (other than Indian tribes), shall be (B) whether additional or unique data need Federal and non-Federal restoration allocated in each fiscal year under this sec- to be developed to address the needs of the programs, and for other purposes; as tion not less than 0.50 percent of the total food stamp program; and follows: amount appropriated in the fiscal year for S12566 CONGRESSIONAL RECORD — SENATE October 14, 1998 grants pursuant to this section, except that tion, detection, or investigation of any viola- national narcotics trafficking, and other re- the United States Virgin Islands, American tion of criminal law, or authorized by law to lated criminal acts. Samoa, Guam, and the Northern Mariana Is- supervise sentenced criminal offenders.’’. ‘‘(3) IMPLEMENTATION.—The rewards pro- lands shall each be allocated 0.25 percent. (b) AUTHORIZATION OF APPROPRIATIONS.— gram shall be administered by the Secretary ‘‘(e) MAXIMUM AMOUNT.—A qualifying Section 1001(a) of the Omnibus Crime Control of State, in consultation, as appropriate, State, unit of local government, or Indian and Safe Streets Act of 1968 (42 U.S.C. with the Attorney General. tribe may not receive more than 5 percent of 3793(a)) is amended by striking paragraph ‘‘(b) REWARDS AUTHORIZED.—In the sole the total amount appropriated in each fiscal (23) and inserting the following: discretion of the Secretary (except as pro- year for grants under this section, except ‘‘(23) There are authorized to be appro- vided in subsection (c)(2)) and in consulta- that a State, together with the grantees priated to carry out part Y— tion, as appropriate, with the Attorney Gen- within the State may not receive more than ‘‘(A) $25,000,000 for each of fiscal years 1999 eral, the Secretary may pay a reward to any 20 percent of the total amount appropriated through 2001 for grants under subpart A of individual who furnishes information leading in each fiscal year for grants under this sec- that part; to— tion. ‘‘(B) $40,000,000 for each of fiscal years 1999 ‘‘(1) the arrest or conviction in any coun- ‘‘(f) MATCHING FUNDS.—The portion of the through 2001 for grants under subpart B of try of any individual for the commission of costs of a program provided by a grant under that part; and an act of international terrorism against a subsection (a) may not exceed 50 percent. ‘‘(B) $25,000,000 for each of fiscal years 1999 United States person or United States prop- Any funds appropriated by Congress for the through 2001 for grants under subpart C of erty; activities of any agency of an Indian tribal that part.’’. ‘‘(2) the arrest or conviction in any coun- government or the Bureau of Indian Affairs f try of any individual conspiring or attempt- performing law enforcement functions on ing to commit an act of international terror- any Indian lands may be used to provide the INTERNATIONAL ANTI-BRIBERY ism against a United States person or United non-Federal share of a matching require- ACT OF 1998 States property; ment funded under this subsection. ‘‘(3) the arrest or conviction in any coun- ‘‘(g) ALLOCATION OF FUNDS.—At least half try of any individual for committing, pri- of the funds available under this subpart marily outside the territorial jurisdiction of shall be awarded to units of local govern- D’AMATO (AND SARBANES) the United States, any narcotics-related of- ment with fewer than 100,000 residents. AMENDMENT NO. 3826 fense if that offense involves or is a signifi- ‘‘SEC. 2522. APPLICATIONS. Mr. JEFFORDS (for Mr. D’AMATO for cant part of conduct that involves— ‘‘(a) IN GENERAL.—To request a grant himself and Mr. SARBANES) proposed an ‘‘(A) a violation of United States narcotics under this subpart, the chief executive of a amendment to the bill (S. 2375) to laws such that the individual would be a major violator of such laws; State, unit of local government, or Indian amend the Securities Exchange Act of tribe shall submit an application to the Di- ‘‘(B) the killing or kidnapping of— rector of the Bureau of Justice Assistance in 1934 and the Foreign Corrupt Practices ‘‘(i) any officer, employee, or contract em- such form and containing such information Act of 1977, to strengthen prohibitions ployee of the United States Government as the Director may reasonably require. on international bribery and other cor- while such individual is engaged in official ‘‘(b) REGULATIONS.—Not later than 90 days rupt practices, and for other purposes; duties, or on account of that individual’s of- after the date of the enactment of this sub- as follows: ficial duties, in connection with the enforce- part, the Director of the Bureau of Justice Strike section 5 of the bill. ment of United States narcotics laws or the Assistance shall promulgate regulations to In section 6(a) of the bill, strike paragraph implementing of United States narcotics implement this section (including the infor- (7) and redesignate paragraphs (8), (9), and control objectives; or mation that must be included and the re- (10), as paragraphs (7),(8), and (9). ‘‘(ii) a member of the immediate family of quirements that the States, units of local Redesignate section 6 of the bill as section any such individual on account of that indi- government, and Indian tribes must meet) in 5. vidual’s official duties, in connection with submitting the applications required under the enforcement of United States narcotics this section. f laws or the implementing of United States ‘‘(c) ELIGIBILITY.—A unit of local govern- narcotics control objectives; or ment that receives funding under the Local DEPARTMENT OF STATE RE- ‘‘(C) an attempt or conspiracy to commit Law Enforcement Block Grant program (de- WARDS RELATIVE TO THE any act described in subparagraph (A) or (B); scribed under the heading ‘Violent Crime Re- FORMER YUGOSLAVIA ‘‘(4) the arrest or conviction in any coun- duction Programs, State and Local Law En- try of any individual aiding or abetting in forcement Assistance’ of the Departments of the commission of an act described in para- Commerce, Justice, and State, the Judiciary, HELMS (AND BIDEN) AMENDMENT graph (1), (2), or (3); or and Related Agencies Appropriations Act, NO. 3827 ‘‘(5) the prevention, frustration, or favor- 1998 (Public Law 105–119)) during a fiscal year able resolution of an act described in para- in which it submits an application under this Mr. JEFFORDS (for Mr. HELMS for graph (1), (2), or (3). subpart shall not be eligible for a grant himself and Mr. BIDEN) proposed an ‘‘(c) COORDINATION.— under this subpart unless the chief executive amendment to the bill (H.R. 4660) to ‘‘(1) PROCEDURES.—To ensure that the pay- officer of such unit of local government cer- amend the State Department Basic Au- ment of rewards pursuant to this section tifies and provides an explanation to the Di- thorities Act of 1956 to provide rewards does not duplicate or interfere with the pay- rector that the unit of local government con- for information leading to the arrest or ment of informants or the obtaining of evi- sidered or will consider using funding re- conviction of any individual for the dence or information, as authorized to the ceived under the block grant program for Department of Justice, the offering, admin- any or all of the costs relating to the pur- commission of an act, or conspiracy to istration, and payment of rewards under this chase of video cameras, but did not, or does act, of international terrorism, narcot- section, including procedures for— not expect to use such funds for such pur- ics related offenses, or for serious vio- ‘‘(A) identifying individuals, organizations, pose. lations of international humanitarian and offenses with respect to which rewards ‘‘SEC. 2523. DEFINITIONS. law relating to the Former Yugoslavia; will be offered; ‘‘For purposes of this subpart— as follows: ‘‘(B) the publication of rewards; ‘‘(C) the offering of joint rewards with for- ‘‘(1) the term ‘State’ means each of the 50 Strike all after the enacting clause and in- eign governments; States, the District of Columbia, the Com- sert the following: monwealth of Puerto Rico, the United States ‘‘(D) the receipt and analysis of data; and TITLE I—DEPARTMENT OF STATE Virgin Islands, American Samoa, Guam, and ‘‘(E) the payment and approval of pay- REWARDS PROGRAM the Northern Mariana Islands; ment, ‘‘(2) the term ‘unit of local government’ SEC. 101. REVISION OF PROGRAM. shall be governed by procedures developed by means a county, municipality, town, town- Section 36 of the State Department Basic the Secretary of State, in consultation with ship, village, parish, borough, or other unit Authorities Act of 1956 (22 U.S.C. 2708) is the Attorney General. of general government below the State level; amended to read as follows: ‘‘(2) PRIOR APPROVAL OF ATTORNEY GENERAL ‘‘(3) the term ‘Indian tribe’ has the same ‘‘SEC. 36. DEPARTMENT OF STATE REWARDS PRO- REQUIRED.—Before making a reward under meaning as in section 4(e) of the Indian Self- GRAM. this section in a matter over which there is Determination and Education Assistance Act ‘‘(a) ESTABLISHMENT.— Federal criminal jurisdiction, the Secretary (25 U.S.C. 450b(e)); and ‘‘(1) IN GENERAL.—There is established a of State shall obtain the concurrence of the ‘‘(4) the term ‘law enforcement officer’ program for the payment of rewards to carry Attorney General. means any officer, agent, or employee of a out the purposes of this section. ‘‘(d) FUNDING.— State, unit of local government, or Indian ‘‘(2) PURPOSE.—The rewards program shall ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— tribe authorized by law or by a government be designed to assist in the prevention of Notwithstanding section 102 of the Foreign agency to engage in or supervise the preven- acts of international terrorism, inter- Relations Authorization Act, Fiscal Years October 14, 1998 CONGRESSIONAL RECORD — SENATE S12567 1986 and 1987 (Public Law 99–93; 99 Stat. 408), under this section shall be final and conclu- istration, and payment of rewards under this but subject to paragraph (2), there are au- sive and shall not be subject to judicial re- section, including procedures for— thorized to be appropriated to the Depart- view. (A) identifying individuals, organizations, ment of State from time to time such ‘‘(j) DEFINITIONS.—As used in this section: and offenses with respect to which rewards amounts as may be necessary to carry out ‘‘(1) ACT OF INTERNATIONAL TERRORISM.— will be offered; this section. The term ‘act of international terrorism’ in- (B) the publication of rewards; ‘‘(2) LIMITATION.—No amount of funds may cludes— (C) the offering of joint rewards with for- be appropriated under paragraph (1) which, ‘‘(A) any act substantially contributing to eign governments; when added to the unobligated balance of the acquisition of unsafeguarded special nu- (D) the receipt and analysis of data; and amounts previously appropriated to carry clear material (as defined in paragraph (8) of (E) the payment and approval of payment, out this section, would cause such amounts section 830 of the Nuclear Proliferation Pre- shall be governed by procedures developed by to exceed $15,000,000. vention Act of 1994 (22 U.S.C. 3201 note)) or the Secretary of State, in consultation with ‘‘(3) ALLOCATION OF FUNDS.—To the maxi- any nuclear explosive device (as defined in the Attorney General. mum extent practicable, funds made avail- paragraph (4) of that section) by an individ- (2) Before making a reward under this sec- able to carry out this section should be dis- ual, group, or non-nuclear-weapon state (as tion in a matter over which there is Federal tributed equally for the purpose of prevent- defined in paragraph (5) of that section); and criminal jurisdiction, the Secretary of State ing acts of international terrorism and for ‘‘(B) any act, as determined by the Sec- shall obtain the concurrence of the Attorney the purpose of preventing international nar- retary, which materially supports the con- General. cotics trafficking. duct of international terrorism, including (3) Rewards under this section shall be sub- ‘‘(4) PERIOD OF AVAILABILITY.—Amounts ap- the counterfeiting of United States currency ject to any requirements or limitations that propriated under paragraph (1) shall remain or the illegal use of other monetary instru- apply to rewards under section 36 of the available until expended. ments by an individual, group, or country State Department Basic Authorities Act of ‘‘(e) LIMITATIONS AND CERTIFICATION.— supporting international terrorism as deter- 1956 (22 U.S.C. 2708) with respect to the ineli- ‘‘(1) MAXIMUM AMOUNT.—No reward paid mined for purposes of section 6(j)(1)(A) of the gibility of government employees for re- under this section may exceed $5,000,000. Export Administration Act of 1979 (50 U.S.C. wards, maximum reward amount, and proce- ‘‘(2) APPROVAL.—A reward under this sec- App. 2405(j)(1)(A)). dures for the approval and certification of re- tion of more than $100,000 may not be made ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- wards for payment. without the approval of the Secretary. TEES.—The term ‘appropriate congressional (c) REFERENCE.—For the purposes of sub- ‘‘(3) CERTIFICATION FOR PAYMENT.—Any re- committees’ means the Committee on Inter- section (a), the statute of the International ward granted under this section shall be ap- national Relations of the House of Rep- Criminal Tribunal for the Former Yugo- proved and certified for payment by the Sec- resentatives and the Committee on Foreign slavia means the Annex to the Report of the retary. Relations of the Senate. Secretary General of the United Nations pur- ‘‘(4) NONDELEGATION OF AUTHORITY.—The ‘‘(3) MEMBER OF THE IMMEDIATE FAMILY.— suant to paragraph 2 of Security Council authority to approve rewards of more than The term ‘member of the immediate family’, Resolution 827 (1993) (S/25704). $100,000 set forth in paragraph (2) may not be with respect to an individual, includes— (d) DETERMINATION OF THE SECRETARY.—A delegated. ‘‘(A) a spouse, parent, brother, sister, or determination made by the Secretary of ‘‘(5) PROTECTION MEASURES.—If the Sec- child of the individual; State under this section shall be final and retary determines that the identity of the ‘‘(B) a person with respect to whom the in- conclusive and shall not be subject to judi- recipient of a reward or of the members of dividual stands in loco parentis; and cial review. (e) PRIORITY.—Rewards under this Section the recipient’s immediate family must be ‘‘(C) any person not covered by subpara- may be paid from funds authorized to carry protected, the Secretary may take such graph (A) or (B) who is living in the individ- out Section 36 of the State Department Basic measures in connection with the payment of ual’s household and is related to the individ- Authorities Act of 1956 (22 U.S.C.). In the ad- the reward as he considers necessary to ef- ual by blood or marriage. ministration and payment of rewards under ‘‘(4) REWARDS PROGRAM.—The term ‘re- fect such protection. the rewards program of Section 36 of the ‘‘(f) INELIGIBILITY.—An officer or employee wards program’ means the program estab- State Department Basic Authorities Act of of any entity of Federal, State, or local gov- lished in subsection (a)(1). 1956 (22 U.S.C.), the Secretary of State shall ernment or of a foreign government who, ‘‘(5) UNITED STATES NARCOTICS LAWS.—The ensure that priority is given for payments to while in the performance of his or her offi- term ‘United States narcotics laws’ means individuals described in section 36 of that cial duties, furnishes information described the laws of the United States for the preven- Act and that funds paid under this section in subsection (b) shall not be eligible for a tion and control of illicit trafficking in con- are paid only after any and all due and pay- reward under this section. trolled substances (as such term is defined in able demands are met under section 36 of ‘‘(g) REPORTS.— section 102(6) of the Controlled Substances that Act. ‘‘(1) REPORTS ON PAYMENT OF REWARDS.— Act (21 U.S.C. 802(6))). (f) REPORTS.—The Secretary shall inform Not later than 30 days after the payment of ‘‘(6) UNITED STATES PERSON.—The term the appropriate Committees of rewards paid any reward under this section, the Secretary ‘United States person’ means— under this section in the same manner as re- shall submit a report to the appropriate con- ‘‘(A) a citizen or national of the United quired by Section 36(g) of the State Depart- gressional committees with respect to such States; and ment Basic Authorities Act of 1956 (22 reward. The report, which may be submitted ‘‘(B) an alien lawfully present in the U.S.C.). in classified form if necessary, shall specify United States.’’. TITLE II—EXTRADITION TREATIES the amount of the reward paid, to whom the SEC. 102. REWARDS FOR INFORMATION CON- INTERPRETATION ACT OF 1998 reward was paid, and the acts with respect to CERNING INDIVIDUALS SOUGHT FOR SEC. 201. SHORT TITLE. which the reward was paid. The report shall SERIOUS VIOLATIONS OF INTER- also discuss the significance of the informa- NATIONAL HUMANITARIAN LAW RE- This title may be cited as the ‘‘Extradition tion for which the reward was paid in dealing LATING TO THE FORMER YUGO- Treaties Interpretation Act of 1998’’. with those acts. SLAVIA. SEC. 202. FINDINGS. ‘‘(2) ANNUAL REPORTS.—Not later than 60 (a) AUTHORITY.—In the sole discretion of Congress finds that— days after the end of each fiscal year, the the Secretary of State (except as provided in (1) each year, several hundred children are Secretary shall submit a report to the appro- subsection (b)(2)) and in consultation, as ap- kidnapped by a parent in violation of law, priate congressional committees with re- propriate, with the Attorney General, the court order, or legally binding agreement spect to the operation of the rewards pro- Secretary may pay a reward to any individ- and brought to, or taken from, the United gram. The report shall provide information ual who furnishes information leading to— States; on the total amounts expended during the (1) the arrest or conviction in any country, (2) until the mid-1970’s, parental abduction fiscal year ending in that year to carry out or generally was not considered a criminal of- this section, including amounts expended to (2) the transfer to, or conviction by, the fense in the United States; publicize the availability of rewards. International Criminal Tribunal for the (3) since the mid-1970’s, United States ‘‘(h) PUBLICATION REGARDING REWARDS OF- Former Yugoslavia, criminal law has evolved such that parental FERED BY FOREIGN GOVERNMENTS.—Notwith- of any individual who is the subject of an in- abduction is now a criminal offense in each standing any other provision of this section, dictment confirmed by a judge of such tribu- of the 50 States and the District of Columbia; in the sole discretion of the Secretary, the nal for serious violations of international (4) in enacting the International Parental resources of the rewards program shall be humanitarian law as defined under the stat- Kidnapping Crime Act of 1993 (Public Law available for the publication of rewards of- ute of such tribunal. 103–173; 107 Stat. 1998; 18 U.S.C. 1204), Con- fered by foreign governments regarding acts (b) PROCEDURES.— gress recognized the need to combat parental of international terrorism which do not in- (1) To ensure that the payment of rewards abduction by making the act of inter- volve United States persons or property or a pursuant to this section does not duplicate national parental kidnapping a Federal violation of the narcotics laws of the United or interfere with the payment of informants criminal offense; States. or the obtaining of evidence or information, (5) many of the extradition treaties to ‘‘(i) DETERMINATIONS OF THE SECRETARY.— as authorized to the Department of Justice, which the United States is a party specifi- A determination made by the Secretary subject to paragraph (3), the offering, admin- cally list the offenses that are extraditable S12568 CONGRESSIONAL RECORD — SENATE October 14, 1998 and use the word ‘‘kidnapping’’, but it has REMARKS OF THE HONORABLE DONALD RUMS- Dr. William Graham, former Science Advi- been the practice of the United States not to FELD, CENTER FOR SECURITY POLICY, OCTO- sor to President Reagan. Bill Graham has consider the term to include parental abduc- BER 7, 1998 done a superb job. Thank goodness we had tion because these treaties were negotiated Chairman Ed Meese, distinguished Mem- the benefit of his technical experienced and by the United States prior to the develop- bers of the House and Senate, public offi- knowledge. ment in United States criminal law de- cials—past and present—ladies and gentle- Dr. William Schneider, former Undersecre- scribed in paragraphs (3) and (4); men. Good evening. tary of State for Security Assistance in the (6) the more modern extradition treaties to I see so many here who have served our Reagan Administration. Bill kept us sane which the United States is a party contain country with distinction in so many impor- with his unfailing good humor, penetrating dual criminality provisions, which provide tant ways—Senators Cochran, Kyl and Wal- as it is, and challenged by his keen insights. The members of the Commission spent an for extradition where both parties make the lop, Secretaries Jim Schlesinger and Al enormous number of hours, over six months offense a felony, and therefore it is the prac- Haig, and many others. And there is Dr. and received over 200 briefings. Not surpris- tice of the United States to consider such Fritz Kraemer. There is a true ‘‘keeper of the ingly, given our different backgrounds and treaties to include parental abduction if the flame.’’ It is a privilege as well as a pleasure experiences—military, technical, policy ori- other foreign state party also considers the to be with you all. ented, but all with decades of experience act of parental abduction to be a criminal of- Frank—my congratulations to you for dealing with the Intelligence Community fense; and your ten years of contributions to our coun- and its products—we started out with a vari- (7) this circumstance has resulted in a dis- try’s security. You and your associates at ety of viewpoints. As we proceeded, each parity in United States extradition law the Center deserve, and have, our apprecia- time we seemed to be diverging in our views, which should be rectified to better protect tion. We all know and respect the energy, we called for more briefings and focused the interests of children and their parents. persistence and patriotism that you have back on the facts. SEC. 203. INTERPRETATION OF EXTRADITION brought to the national security debate and After extensive discussion and analysis, we TREATIES. are grateful for it. arrived at our unanimous conclusions and a For purposes of any extradition treaty to Senator Thad Cochran, I thank you for unanimous recommendation. As General which the United States is a party, Congress your generous words. As you know, your Welch said, the facts overcame our biases authorizes the interpretation of the terms Committee’s very useful ‘‘Proliferation and opinions and drove us to our unanimous ‘‘kidnaping’’ and ‘‘kidnapping’’ to include Primer’’ was given to each of our Commis- conclusions. And in this city, unanimity is parental kidnapping. sion members at our first session. You have remarkable, especially on a subject as heat- made important contributions on these key ed as this. f subjects, and I congratulate you for them. Given that so few people will be able to * * * * * read our classified final report of some 307 ADDITIONAL STATEMENTS I find since I first arrived in Washington, pages, with several hundred additional clas- D.C., to work on Capitol Hill back in 1957, sified pages of working papers and technical fresh out of the Navy, that while we went analysis, and that the unclassified executive back home at regular intervals, I seem to summary was only 36 pages, that our conclu- THE RUMSFELD COMMISSION keep finding myself back here on some sions were unanimous makes them consider- REPORT project or another for over several decades ably more persuasive. During the course of our deliberations, al- ∑ Mr. KYL. Mr. President, as you now. I must say that this most recent assign- ment, the Ballistic Missile Threat Commis- most every week there was an event some- know, over the past year there has sion, has been particularly interesting, be- where in the world related to ballistic mis- been a great deal of discussion in Wash- cause the subject is so important. siles or weapons of mass destruction—wheth- ington about the growing ballistic mis- This evening I want to talk a bit about our er the Ghauri missile launch by Pakistan, sile threat to the United States and report, first because it is a message that the Indian and Pakistani nuclear explosions, our forces and friends abroad. Although needs to be heard, and, second, because continued stiff-arming of the U.S. and the Members of Congress and the Adminis- there’s no group who has done more and can U.N. inspectors by Iraq, the Shahab 3 missile tration have not always agreed on how do still more to carry that message. firing in Iran, and more recently North Ko- rea’s Taepo Dong 1 three-stage launch. The to best respond to this growing threat, As you will recall, the U.S. Intelligence Community’s 1995 National Intelligence Esti- pace of these significant events, while dis- I think we can all agree that the Com- mate caused quite a stir in the national se- turbing to be sure, provided a vivid backdrop mission to Assess the Ballistic Missile curity community for a number of reasons. for our work. Threat to the United States, chaired by As a result, the Congress established our * * * * * former Secretary of Defense Donald Commission to provide an independent as- It is clear the Gulf War taught regional Rumsfeld, has made an indispensable sessment of the ballistic missile threat to powers that they are ill-advised to try to contribution to the debate. The bipar- the United States—including Alaska and Ha- combat U.S. or Western armies and air tisan, nine-member commission in- waii. Our charter was not to look at other forces. They can neither deter nor prevail threats or possible responses. against those vastly greater conventional ca- cluded many of our nation’s most As one of our Commissioners put it, our prominent experts on national security pabilities. That being the case, it’s not sur- task was to find out, Who has them? Who is prising that they week asymmetrical advan- affairs. Due to Don Rumsfeld’s leader- trying to get them? When are they likely to tages and leverage to enable them to change ship, this diverse group with divergent succeed? Why do we care? and, When will we the calculations of Western nations and ways views on many policy issues, came to- know? to threaten and deter them as well as their gether and produced an outstanding re- Thanks to Speaker Gingrich and Minority neighbors. port that unanimously concluded that Leader Gephardt for the House, and Senate They have several cost effective options. the ballistic missile threat to the U.S. Leaders Lott and Daschle, the members of Terrorism is one. Cruise missiles are also an our bipartisan Commission were truly out- is greater than previously assessed, increasingly attractive option in that they standing. They included: Dr. Barry are both versatile and relatively inexpensive. that rogue nations like Iran could de- Blechman, the former Assistant Director of At some point they may well become a weap- velop long-range missiles capable of the Arms Control and Disarmament Agency on of choice. reaching the U.S. in as little as five in the Carter Administration; Retired four- And, third, there are ballistic missiles. It years, and that we might have little or star general Lee Butler, former Commander is not happenstance that some 25–30 coun- no warning that such a threat had de- of the Strategic Air Command/ Dr. Richard tries either have or are seeking to acquire veloped. Garwin of IBM, a distinguished scientist; ballistic missiles. They are very attractive, At an event last week, the Center for General Larry Welch, former Chief of Staff and relatively inexpensive when compared to of the Air Force, and CEO of the IDA; Paul Security Policy honored Don Rumsfeld armies, navies, and air forces; second, like Wolfowitz, former Undersecretary of Defense cruise missiles, they can be launched from by presenting him with the ‘‘Keeper of for Policy, former Ambassador to Indonesia, land, sea or air and have the flexibility of the Flame’’ award for his outstanding and Dean of the Nitze School at Johns Hop- carrying chemical, biological or nuclear war- leadership as chairman of the Commis- kins University; and James Woolsey, former heads; and third, they have the compelling sion to Assess the Ballistic Missile Director of the CIA in the Clinton Adminis- advantage of being certain to arrive at their Threat to the United States. It was a tration. Also with us this evening is Dr. destinations—since there are no defenses well deserved honor. For the benefit of Steve Cambone, currently the Director of against them. those who were not able to attend the Research at the National Defense University. Those of us from Chicago recall Al Steve did a superb job as Staff Director for Capone’s remark that ‘‘You get more with a award ceremony, I ask that Mr. Rums- the Commission. kind word and a gun than you do with a kind feld’s remarks at the event be printed Two of our Commissioners are here this word alone.’’ We can substitute ‘‘ballistic in the RECORD. evening, and I’d like them to stand and be missile’’ for ‘‘gun’’ and the names of some The remarks follow: recognized for their important work. modern day Al Capones. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12569 The term ‘‘rogue countries’’ is an unfortu- indigenous ballistic missile development pro- corrosive. Leaders have to create an environ- nate phrase, since it suggests that their be- gram since Robert Goddard. The countries of ment that is hospitable to the truth—wheth- havior might be erratic. While unusual to us, interest are helping each other. They are er it is bad news or good news—not an envi- their actions are rational for them and not doing it for a variety of reasons—some stra- ronment that forces subordinates to trim, unpredictable. To say that such countries tegic, some financial. But, be clear—tech- hedge, duck and, as the President said, would be deterred or dissuaded from using nology transfer is not rare or unusual, it is ‘‘fudge.’’ terrorist attacks, cruise missiles or ballistic pervasive. * * * * * missiles with weapons of mass destruction, The intelligence task is difficult. There are The recent TD–1 space launch vehicle test because of the vastly greater power of the more actors, more programs and more facili- is an object lesson and also a warning. Many U.S. and the West, is to misunderstand. As ties to monitor than was the case during the were skeptical for technical reasons that the Lenin said, ‘‘the purpose of terrorism is to Cold War. Their assets are spread somewhat TD–1 could fly at all. It had been the conven- terrorize.’’ these are terror weapons, and thinly across many priorities. Methodologi- tional wisdom that ‘‘staging’’ and systems they work. cal adjustments relative to collecting and integration were too complex and difficult Having these capabilities in the hands of analyzing evidence is, in our view, not keep- for countries such as North Korea to accom- such countries forces a different calculation ing up with the pace of events. We need to plish in any near time frame. Yet North on the part of the U.S. and any nation that remember Baldy’s Law: ‘‘Some of it (what we Korea demonstrated staging twice. has interests in their regions. see), plus the rest of it (what we don’t see) The likelihood that a TD–2 will be success- equals all of it.’’ Or, as Dr. Bill Graham fre- fully tested has gone up considerably since * * * * * quently reminded us, ‘‘The absence of evi- The Commission’s unanimous conclusions the August 31st flight. The likelihood that a dence is not evidence of absence.’’ TD–2 flight could exceed 5,000 to 6,000 kilo- were these: Specifically, Russia and China have China and Russia continue to pose threats meters in range with a nuclear payload has emerged as major suppliers of technology to gone up as well. And, the likelihood that we to the U.S., although different in nature. a number of countries. There is the advent Each is on an uncertain, albeit different, will not know very much in advance of a and acceleration of trade among second-tier launch what a TD–2 will be capable of con- path. With respect to North Korea and Iran, powers to the point that the development of tinues to be high. we concluded each could pose a threat to the these capabilities may well have become Now, the TD–1 launch was interesting with U.S. within five years of a decision to do so, self-sustaining. Today they each have var- respect to North Korea, but given the reality and that the U.S. might not know for several ious capabilities the others do not. As they of technology transfer, what happens in years whether or not such a decision had trade—whether it’s knowledge, systems, ma- North Korea also is important with respect been made. Given that UNSCOM sanctions terials, components, or technicians—they to other countries, for example, Iran. We can and inspections are unlikely to be in place it benefit from each other and are able to move be certain that North Korea will offer that is increasingly clear that Iraq has to be in- forward on separate development paths, all capability to other countries, including Iran. cluded with North Korea and Iran. of which are notably different from ours or That has been their public posture. It has We concluded unanimously that these that of the Soviet Union. And, they are able been their private behavior. They are very, emerging capabilities are broader, more ma- to move at a more rapid pace. very active marketing ballistic missile tech- ture, and evolving more rapidly than had To characterize the programs of target na- nologies. In addition, Iran not only has as- been reported, and that the intelligence com- tions as ‘‘high-risk’’ is a misunderstanding of sistance from North Korea, but it also has munity’s ability to provide timely warning the situation. These countries do not need assistance from Russia and China, which cre- has been and is being eroded and that the the accuracies the U.S. required. They do not ates additional options and development warning time of deployment of a ballistic have the same concerns about safety that paths for them. missile threat to the United States is re- the U.S. has. Nor do they need the high vol- duced. Finally, we concluded that under umes the U.S. acquired. As a result, they are * * * * * What does this all mean by way of warn- some plausible scenarios, including re-basing capable of using technologies, techniques ing? Well, it powerfully reinforces our Com- or transfer of operational missiles, sea- and and even equipment that the U.S. would mission’s conclusions that technology trans- air-launch options, shortened development have rejected as too primitive as much as fer is pervasive and that deception and de- programs that might include testing in a three decades ago. But let there be no nial work. I’ve mentioned ‘‘surprises,’’ which third country, or some combination of these, doubt—they are successfully and rapidly de- of course go to the issue of warning. When do the U.S. might well have little or no warning veloping the capabilities necessary to we know something? Put another way—when before operational deployment. threaten the United States. is what we do know sufficiently clear that it As I mentioned, we considered a series of * * * * * becomes actionable? ways nations can shorten the missile devel- One important reason is that the emerging Roberta Wohlstetter’s brilliant book Pearl opment process and, therefore, warning time. powers are secretive about their programs Harbor, and the foreword to it, compellingly They include launching shorter-range mis- and increasingly sophisticated in deception argue that: ‘‘. . . we were not caught napping siles by air or sea, by placing them in an- and denial. They know considerably more at the time of Pearl Harbor. We just ex- other country, by missile testing in another than we would like them to know about the pected wrong. And it was not our warning country, by the turn-key sale of entire bal- sources and methods of our collection, in no that was most at fault, but our strategic listic missile systems to other countries, or small part through espionage. And they use analysis. We were so busy thinking through some combination. that knowledge to good effect in hiding their some ‘‘obvious’’ Japanese moves that we ne- These approaches have been characterized glected to hedge against the choice they ac- programs. as ‘‘unlikely.’’ But each has been done. They We concluded that there will be surprises. tually made.’’ are not new, novel, high-risk or unlikely. It is a big world, it is a complicated world, It may have been a somewhat ‘‘improb- As Jim Woolsey pointed out, making able’’ choice, but it was not all that improb- and deception and denial are extensive. The ICBMs was like the old 4-minute mile bar- surprise to me is not that there have been able. We provided the undefended target, and rier. It seemed impossible until Roger Ban- if we know anything from history, it is that and will continue to be surprises, but that we nister broke it. Today it’s relatively easy. are surprised that there are surprises. We weakness is provocative. Weakness entices don’t, won’t, and can’t know everything. We * * * * * others into adventures they otherwise would must recognize that some surprises will On the subject of sanctions, you will recall avoid. ‘‘The risk is that what is strange is occur and take the necessary steps to see that President Clinton recently said that thought to be ‘‘improbable,’’ and what seems that we invest so that our country is ar- sanctions legislation causes them to improbable is not taken seriously.’’ The book goes on to point out that: ‘‘Sur- ranged to deal with the risks that the inevi- ‘‘fudge.’’ It was an honest statement. How- prise, when it happens to a government, is table surprises will pose. As von Clausewitz ever, ‘‘fudging’’ can have a dangerous effect. There are several ways to ‘‘fudge’’: First, likely to be a complicated, diffuse bureau- wrote, ‘‘The unexpected is the prince of the simply don’t study or analyze a matter if the cratic thing. It includes neglect of respon- battlefield.’’ answer might put your superiors in an un- sibility, but also responsibility so poorly de- * * * * * comfortable position; delay studying or re- fined or so ambiguously delegated that ac- The second key factor relative to reduced porting up information that would be ‘‘bad tion gets lost. It includes gaps in intel- warning is the extensive and growing foreign news’’; narrowly construe an issue, so that ligence, but also intelligence that, like a assistance, technology transfer and foreign the answer will not be adverse to your boss’s string of pearls too precious to wear, is too trade in ballistic missile and weapons of views or positions; and last, select assump- sensitive to give to those who need it (and mass destruction capabilities. Foreign trade tions that assume that the answer will lead this is happening today). It includes the and foreign assistance are, in our view, not a to your desired conclusions. For example, alarm that fails to work, but also the alarm ‘‘wild card.’’ They are a fact. The contention you could study carefully whether or not the that has gone off so often it has been discon- that we will have ample warning of develop- U.S. will have adequate warning of ‘‘indige- nected. It includes the unalert watchman, ments in nations with ‘‘indigenous’’ ballistic nous’’ ballistic missile development pro- but also the one who knows he’ll be chewed missile development programs misses the grams, even though ‘‘indigenous’’ ballistic out by his superior if he gets higher author- point. I don’t know of a single nation on missile development programs don’t exist. ity out of bed. It includes the contingencies earth with an ‘‘indigenous’’ ballistic missile In short, the effect of ‘‘fudging’’ is to warp that occur to no one, but also those that ev- program. There may not have been a truly and corrupt the intelligence process. It is eryone assumes somebody else is taking care S12570 CONGRESSIONAL RECORD — SENATE October 14, 1998 of. It includes straightforward procrasti- bilities, as they most surely will in the Mr. Stabile has served with great dis- nation, but also decisions protracted by in- months ahead. tinction for the past 25 years as an Op- ternal disagreement. It includes, in addition, * * * * * erations Support Technician in the the inability of individual human beings to We are in a relaxed post-Cold War environ- Boston Field Office of the Secret Serv- rise to the occasion until they are sure it is ment, with increased exchanges of scientists the occasion, which is usually too late. ice, working in support of the agency’s and students, relaxed export controls, leaks protective and investigative missions. ‘‘The results, at Pearl Harbor, were sudden, of classified information appearing in the concentrated, and dramatic. The failure, press almost daily, espionage continuing Earlier, Mr. Stabile had served for 27 however, was cumulative, widespread, and apace, an explosion of ‘‘demarches,’’ which years in the United States Marine rather drearily familiar. This is why sur- provide vital information that eventually is Corps. He served in the South Pacific prise, when it happens, is everything in- used to our disadvantage, and increased in World War II, including the Marshall volved in a government’s failure to antici- international trade of sophisticated dual-use Islands, Saipan, and Iwo Jima. He also pate effectively.’’ technology. Does that sound familiar? served in the Korean War in the 1950’s, It is increasingly clear that anti-prolifera- was part of the Dominican Republic op- tion efforts, coupled with the inevitable im- * * * * * eration in 1965, and had two tours of Our Commission’s unanimous rec- position of still more sanctions—which al- ommendation was that U.S. analyses, prac- ready cover a large majority of the people on duty in Vietnam in the 1960’s. tices and policies that depend on expecta- earth—are not stopping other nations from In the course of this extraordinary tions of extended warning of deployment of acquiring increasingly sophisticated weap- career, he became a highly decorated ballistic missile threats be reviewed and, as ons of mass destruction and missile tech- Sergeant Major and received numerous appropriate, revised to reflect the reality of nologies. commendations, including the Bronze There are two schools of thought as to how an environment in which there may be little Star, the Navy Commendation Medal, or no warning. Specifically, we believe the to deal with this obvious failure: One is to try still harder and impose still the Presidential Unit Citation, and the Department of State should review its poli- more sanctions. Navy Unit Citation. Some say, once a cies and priorities, including sanctions and The second approach is to seriously work ‘‘boot,’’ always a ‘‘boot.’’ But Sergeant non-proliferation activities, as well as our to prevent the availability of the most im- alliance activities; the intelligence commu- Major Stabile took many ‘‘boots’’ over portant technologies, try to delay the avail- the years and developed them into ef- nity should review U.S. collection capabili- ability of the next tier of information, but to ties, given their changing and increasingly recognize that we live in a world where those fective leaders. complex task; and, last, that the defense es- who don’t wish us well will inevitably gain Throughout his brilliant career, tablishment should review both U.S. offen- sophisticated weapons, and that, therefore, Bernardino Stabile has served his coun- sive and defensive capabilities as well as the answer is to invest as necessary in the try with commitment, dedication, strategies, plans, and procedures that are offensive and defense capabilities and the in- bravery, integrity, honor, and patriot- based on an assumption of extended warning. telligence assets that will enable us to live ism of the highest order. He deserves In short, we are in a new circumstance and with these increasingly dangerous threats. the policies and approaches that were appro- the gratitude of the Senate and the na- priate when we could rely on extended warn- * * * * * tion, and I am proud to take this op- ing no longer apply. We hear a lot about the defense budget and portunity to praise his outstanding the top line pressure—that we can’t afford service.∑ * * * * * more. Look, our country may not be wealthy Recently I have been asked about the re- enough to do everything in the world that f ception our report has received. I would say everyone in the world may wish, but the first THE VERY BAD DEBT BOXSCORE it has been surprisingly good. responsibility of government is to provide First, the press. The reaction was superb for the national security. And, let there be ∑ Mr. HELMS. Mr. President, at the from Bill Safire, but across the country it no doubt, our country is more than wealthy close of business yesterday, Tuesday, has been modest. But then there has been a enough to do everything important that we October 13, 1998, the federal debt stood lot of unusual news competition here in need to do. Defense expenditures at 3% of at $5,537,720,928,486.41 (Five trillion, Washington, D.C., to say nothing of the news GNP are the lowest in my adult lifetime. We five hundred thirty-seven billion, seven of: need to stop the mindless defense cuts, rear- Russia’s economic problems and protests hundred twenty million, nine hundred range our national defense to fit the post- twenty-eight thousand, four hundred and the last Soviet intelligence chief, Mr. Cold War world, and invest as necessary to Primakov, being named Prime Minister. assure our nation’s ability to contribute to eighty-six dollars and forty-one cents). The Asian financial crisis. peace and stability in our still dangerous and Five years ago, October 13, 1993, the The Chicago Cubs’ Sammy Sosa’s brilliant increasingly untidy world. federal debt stood at $4,403,485,000,000 chase for the home run title, to say nothing (Four trillion, four hundred three bil- of Mr. McGwire’s accomplishment. * * * * * And, if you can believe it, Quaddafi, of all I am optimistic that we will find our way. lion, four hundred eighty-five million). people, holding a 5-nation summit. We are not a nation with but one leader. Our Ten years ago, October 13, 1988, the As to the Department of State and the Na- strength is that we have multiple centers of federal debt stood at $2,616,702,000,000 tional Security Council, I am not aware of leadership. (Two trillion, six hundred sixteen bil- any public reaction. Our central purpose remains as compelling lion, seven hundred two million). The only reaction from the Department of as ever. Quite simply, it is to guard the ram- Fifteen years ago, October 13, 1983, Defense I am aware of was to reiterate their parts of freedom and to expand freedom at home and light its way in the world. This the federal debt stood at belief that the U.S. will have ample warning $1,383,620,000,000 (One trillion, three of ‘‘indigenous’’ ballistic missile develop- means encouraging freedom abroad and en- ment programs, with which we, of course, riching it here at home. It requires purpose- hundred eighty-three billion, six hun- would readily agree, if, in fact, any ‘‘indige- ful diplomacy underpinned by strong, flexi- dred twenty million) which reflects a nous’’ ballistic missile programs actually ex- ble military power and persuasive moral debt increase of more than $4 trillion— isted—which they don’t. As General Lee But- leadership. $4,154,100,928,486.41 (Four trillion, one ler said at one of our Commission’s Congres- As Theodore Roosevelt once said, ‘‘Aggres- hundred fifty-four billion, one hundred sional hearings, ‘‘If you are determined to do sive fighting for the right is the noblest sport that the world affords.’’ To those gath- million, nine hundred twenty-eight it, there is no body of evidence that cannot thousand, four hundred eighty-six dol- be ignored.’’ ered here this evening, who do that each day, In the Intelligence Community we see posi- you have my thanks and appreciation. lars and forty-one cents) during the tive changes already. I think it is reasonably Thank you very much.∑ past 25 years.∑ certain that the next National Intelligence f f Estimate will look quite different from the IN MEMORY AND HONOR OF LOUIS last one. The initial press report on the re- THE SECRET SERVICE’S BER- lease of the Commission’s findings quoted an NARDINO STABILE—OUTSTAND- L. REDDING ‘‘anonymous CIA source’’ as contending that ING AMERICAN ∑ Mr. BIDEN. Mr. President, I rise our report was a ‘‘worst case.’’ But that was ∑ Mr. KENNEDY. Mr. President, I rise today to honor one of Delaware’s, in- before the North Korean three-stage TD–1 today to pay tribute to Bernardino R. deed this nation’s, legal legends. launch in August. We have not seen that Stabile on his retirement from the Se- Louis L. Redding was the first Afri- phrase used again since. Indeed, our report could prove to have been a ‘‘best case,’’ if cret Service. A military veteran and can-American admitted to the Dela- and when North Korea and/or Iran announce dedicated civil servant, Mr. Stabile has ware Bar in 1929. As one of the pre- and demonstrate still greater ballistic mis- completed 53 outstanding years in serv- eminent civil rights advocates in the sile and weapons of mass destruction capa- ice to the government. country, Redding was sought after to October 14, 1998 CONGRESSIONAL RECORD — SENATE S12571 participate in the argument before the tions. In 1961, he won another U.S. Su- MEREDITH BIXBY DONATION U.S. Supreme Court in the landmark preme Court case, representing former ∑ Mr. ABRAHAM. Mr. President, I rise Brown v. Board of Education, 347 U.S. Wilmington City Councilman William today to recognize Meredith Bixby of 483 (1954), which led to the end of legal ‘‘Dutch’’ Burton, allowing blacks to Saline, Michigan. Mr. Bixby is the fa- segregation in our nation’s public eat at the same counter with whites at ther of the Meredith Marionettes Tour- schools. Brown included a Delaware the Eagle Coffee Shoppe owned by the ing Company and is donating his col- case Redding had won in the State Wilmington Parking Authority. lection of marionette puppets to the Chancery Court holding that nine It is worth noting that Redding did Saline Culture and Commerce Center black children had the right to attend not consider the U.S. Supreme Court for permanent exhibit. white public schools. victories to be his greatest legal For more than forty years, Mr. Bixby Louis L. Redding died Monday, Sep- achievements. Instead, he said his most toured with his Meredith Marionettes tember 28, 1998, at the age of 96. His significant accomplishment was deseg- Touring Company across the Midwest death is obviously a time of sadness, regating Delaware’s courtrooms. In an and South staging shows in schools, but also a time to celebrate his truly interview in 1990, Redding said: theaters, and community centers. Each pioneering life and spirit. I suppose that really what I am most proud year nearly a quarter of a million chil- Time and time again, Redding not dren enjoyed the marionette magic Mr. only overcame adversity—he excelled of . . . is my undertaking years back to break up segregation in seating in the court- Bixby brought to them. in the face of it. He pursued justice per- rooms (of Delaware) . . . It was pretty hor- Mr. Bixby has been a leader in sistently and passionately—standing rible to go into a courtroom and see blacks puppeteering for nearly five decades. up for equal rights in education, public seated in one place and whites in another. He is affectionately known as the accommodations and criminal law. That’s the way I found it when I came in. ‘‘Master of the Marionettes’’ and built Redding, a 1928 Harvard University Ironically, Redding was not particu- his own marionettes and produced Law School graduate, broke the color larly proud of his distinction as the many original shows. He is also one of barrier in the Delaware Bar after 253 first African-American attorney in the original founding members of The years of this all-Caucasian group. When Delaware. In a characteristically, Puppeteers of America, which is cele- he took the Delaware Bar Examination blunt, honest statement, Redding once brating its 60th anniversary this year. with eight other white law school grad- said. ‘‘How can you boast about being This permanent exhibit is a coopera- uates, he was given a different, harder the first when you realize it was the re- tive effort of the Michigan Council for test. He passed with the top grades. sult of racism and antipathy?’’ Arts and Cultural Affairs, the City of After he was admitted to the Delaware Saline, the Bixby Project Group, and Bar in 1929, he remained the only mi- And Redding downplayed his role as a Saline Area Chamber of Commerce. nority attorney in Delaware for an- civil rights and civil liberties pioneer. This exhibit will preserve the memory other twenty-seven years. In a 1974 speech at Notre Dame Univer- It even took twenty years for the sity, he said: ‘‘I am just a pedestrian, of Meredith Bixby’s work and educate Delaware State Bar Association to journeyman lawyer who happens to new generations of children of the art allow him to become a member—and have been practicing in a state where and entertainment of marionettes. again he excelled in the face of adver- the necessities of the situation made I once again congratulate Meredith sity—becoming Vice President of this me participate in civil rights activi- Bixby for his years of providing quality once all-white Association. ties.’’ entertainment and the gracious dona- Redding earned national respect with The trails Redding blazed, however, tion of his collection to the community a series of sweeping civil rights vic- set the course for those of us who are of Saline.∑ tories in the Delaware courts. In 1950, humbled to follow in his footsteps. f he successfully argued Parker v. Univer- On a very personal note, Louis Red- ROBERT F. DEASY sity of Delaware, Del. Ch., 75 A.2d 225 ding was one of my heroes. His leader- (1950), which held that the University ship in the civil rights movement got ∑ Mr. DODD. Mr. President, commu- of Delaware’s refusal to admit blacks me interested in politics. I first met nities are not defined by physical bor- was unconstitutional because the him in 1969 when I was working as a ders. They are defined by people—peo- State’s black institution, Delaware young, public defender representing ple who are concerned for the well- State College, was woefully inferior. many in the black community in civil being of their neighbors, even if they He next filed the public school racial and criminal cases. do not know them. People who want to segregation case, Belton v. Gebhardt, make their town a good place to raise And make no mistake about it—he Del. Ch., 87 A.2d 862 (1952), aff’d, Del. children. People who recognize the im- commanded respect in the community Supr., 91 A.2d 137 (1952). This was the portance of being a part of something and in the courtroom. In the black only case ultimately affirmed by the larger than themselves. Today, I want community, he respectfully was known U.S. Supreme Court in Brown. Most to speak about one such person who as ‘‘Lawyer Redding.’’ Of course to me, Americans associate the name of has worked tirelessly to make Rocky it was never ‘‘Lou,’’ I always said ‘‘Mr. Redding’s distinguished fellow NAACP Hill, Connecticut a true community: Redding, Sir.’’ Indeed, he was quite a attorney, Thurgood Marshall, with this Robert Deasy. presence in the courtroom, with his school desegregation case, since he Bob Deasy worked for more than tailored, conservative suits and button- achieved greatness as a U.S. Supreme forty years as an accountant with down shirts. His standard was excel- Court Justice. And that’s just how Red- Travelers and Phoenix Fire Insurance lence, as he fought for the poorest and ding preferred it. He preferred a lower before retiring more than twenty years most discriminated among us. profile, using his great skills to get the ago. Throughout his life, Bob has been job done. Fortunately for us, Louis Redding’s remarkably active in the Rocky Hill After the U.S. Supreme Court’s legacy and spirit live on in our commu- community. Brown v. Board of Education decision, nity, and in his three daughters and From 1973 to 1985, he served as Rocky Redding dedicated his practice to im- five grandchildren. His name also ap- Hill’s registrar of voters, where he plementing the desegregation order. In propriately graces a middle school and worked closely with the Secretary of 1956, he filed a class action suit in the the New Castle County/City of Wil- State’s office. He has also been a mem- federal District Court in Delaware mington public building. His bronze ber of American Legion Post 123 in seeking to compel a school district to statute stands erect surrounded by Rocky Hill for more than 30 years, and establish a desegregation plan. It took young children in the pubic square as he served for eight years as the Post’s another twenty years for a court order well. commander. Through the American Le- forcing the implementation of this Louis L. Redding, noted civil rights gion, he reached out to young people in plan. Again, Redding persistently plod- attorney, teacher, loyal son, father, the area by coordinating their Boys ded along in the pursuit of justice. and grandfather—we will miss you State and Girls State activities, which Redding also set precedent in ending greatly, and vow to keep your legacy provide young people with an oppor- discrimination in public accommoda- alive.∑ tunity to see how their government S12572 CONGRESSIONAL RECORD — SENATE October 14, 1998 works. He also organized Rocky Hill’s medallion, was given by the Canadian neth Jernigan at his home in Irvington. Pals Memorial Day parade on many occa- National Institute for the Blind, and who followed the old fighter for the blind as sions, which earned him a citation the event was held at the Canadian he tenaciously led fights for jobs, for access, from the city for exemplary service. Embassy here in Washington. for independent living, for Braille, and for This recognition by our neighbors to civil rights have come to say thank you and In 1990, he was recognized for his out- goodbye to a dying blind man they say ex- standing service to the community by the north was a tangible expression, panded horizons for thousands of people. the Wethersfield/Rocky Hill Elk’s Club Mr. President, of the respect which Dr. James Omvig, a 63-year-old blind lawyer, and when they named him their ‘‘Citizen of Jernigan has earned throughout his his sighted wife Sharon flew from Tucson, the Year.’’ lifetime of service on behalf of blind Ariz., to visit with the president emeritus of Bob also sat on the finance council at people in the United States and around the National Federation of the Blind (NFB), St. James Church for ten years, where the world. Through his grit, determina- who is in the latter stages of lung cancer. he helped to strengthen this important tion, and skill, Dr. Jernigan achieved ‘‘The wonderful life I’ve had is all due to Dr. house of worship. personal success. But more important Jernigan,’’ Omvig said. In the 1950s, he ‘‘was than that, as a lifetime teacher and sitting around at home’’ in Iowa, after learn- But even greater than his commit- ing chair-making, until he met Jernigan and ment to his church and his community mentor, he gave others the chance for began studying Braille and other subjects. is his devotion to his family. Bob has success as well. Omvig then graduated from college, got a been a devoted husband to his wife Mil- Born blind in 1926, Kenneth Jernigan law degree, became the first blind person dred and together they have raised grew up on a small Tennessee farm hired by the National Labor Relations Board three children, and they enjoy the com- with little hope and little opportunity. and later developed programs for the blind at pany of five grandchildren. But, Mr. President, in the story of Ken- Social Security in Baltimore, Alaska, and Bob also possesses a passion for poli- neth Jernigan, from his humble begin- elsewhere. tics. He has been active in local Demo- ning in the hills of Tennessee to his One topic of conversation among the cratic politics for years, and I consider stature as a national—and even an friends has been Jernigan’s latest project, a proposed $12 million National Research and myself fortunate to have had the op- international—leader, the story of what is right with American is told. Training Institute for the Blind for NFB portunity to work with him and to be- headquarters in South Baltimore. come his friend. I am particularly Dr. Jernigan may have been blind in the physical sense, Mr. President, but Last week, Larry McKeever, of Des Moines, thankful to Bob for encouraging his who is sighted and has recorded material for granddaughter Adria to become in- he was a man of vision nonetheless. In the 50,000-member federation, came to chat volved in public service. For the past his leadership of the National Federa- and cook breakfast for the Jernigans. Donald four years she has worked in my Wash- tion of the Blind, he taught all of us to Capps, the blind leader of 58 South Carolina ington office. It has been a pleasure understand that eyesight and insight NFB chapters, called to congratulate working with her, and she has only en- are not related to each other in any Jernigan on being honored recently at the Canadian Embassy for his Newsline inven- hanced my already high opinion of the way. Although he did not have eye- sight, his insight on life, learning, and tion that enables the blind to hear daily Deasy family. newspapers. This Friday, the Rocky Hill Demo- leading has no equal. Mr. President, for those who knew Floyd Matson, who is sighted and has cratic Town Committee will bestow him and loved him, for the blind of this worked with Jernigan for 50 years, came upon Bob their Chairman’s Award in country and beyond, and for the Na- from Honolulu to be with ‘‘my old poetry gratitude for their work for the party. and drinking buddy.’’ tional Federation of the Blind—the or- This award is well deserved, and I con- A dramatic example of the high regard in ganization that he loved and built—the gratulate Bob on this honor. which blind people hold Jernigan came dur- world without Kenneth Jernigan will But, as I stated earlier, Bob Deasy’s ing the annual convention of 2,500 NFB mem- be difficult. But the world he has left devotion was not to a political party, it bers in Dallas in July. A donor contributed in death is a far better world because of was to a community. And thanks to $5,000 to start a Kenneth Jernigan Fund to his life. help blind people. Bob and people like him, Rocky Hill, The legacy which Dr. Jernigan has Quickly, state delegations caucused and Connecticut remains a tightly knit left is shown in the hundreds of thou- announced their own donations. The result: community with its own identity. It is sands of lives that he touched and the pledges of $137,000 in his honor. a place with a strong sense of history lives that will still be touched by his Jernigan, 71, who was born blind and grew that people are proud to call home. I example and the continuing power of up on a Tennessee farm with no electricity, thank Bob for all that he has done for his teaching. This will be the case for learned he had incurable lung cancer in No- the people of Connecticut, and I wish many generations to come. Mr. Presi- vember. In the past 10 months, Jernigan has him all the best in his future endeav- dent, Kenneth Jernigan will be missed been almost as busy as ever. He has contin- ors.∑ ued projects such as editing the latest in his most by his family and friends, but his large-type ‘‘Kernel Book’’ series of inspira- f loss will be shared by all of us because tional books for the visually impaired. But A TRIBUTE TO DR. KENNETH he cared for all of us. He cared enough his focus has been the proposed four-story in- JERNIGAN, PRESIDENT EMERI- to give of himself. With the strength of stitute, for which $1 million has been raised. TUS OF THE NATIONAL FEDERA- his voice and the power of his intellect, It will house the nerve center of an employ- TION OF THE BLIND he brought equality and freedom to the ment program; research and demonstration blind. As he did so, Mr. President, Ken- projects leading to jobs and independent liv- ∑ Mr. SARBANES. Mr. President, neth Jernigan taught us all to love one ing; technology training seminars; access technology, such as applications for voting today I rise to pay tribute to a man another and live with dignity. That is who has dedicated his life to improving machines, airport kiosks and information the real and lasting legacy of Kenneth systems; and Braille literacy initiatives to opportunities for others. He is Dr. Ken- Jernigan. neth Jernigan, who served as President reverse a 50 percent illiteracy rate among Mr. President, on September 24, 1998, visually impaired children. of the National Federation of the Blind an article entitled ‘‘Friends Pay Hom- In fighting for the blind, Jernigan has fre- from 1968 to 1986 and as the Federa- age to Crusader for the Blind, Jernigan quently been a controversial figure. Before tion’s President Emeritus until his Still Working Despite Lung Cancer’’ he moved to Baltimore in 1978, the Iowa death on October 12, 1998. In these ca- appeared in the Baltimore Sun. Be- Commission for the Blind, which he headed, pacities, Dr. Jernigan has become wide- cause it presents a fitting tribute to was the subject of a conflict-of-interest in- ly recognized and highly respected as Dr. Jernigan’s life and work, I ask to vestigation by a gubernatorial committee. In the end, Gov. Robert Ray felt the commit- the principal leader of the organized insert the text of this article in the blind movement in the United States. tee’s report vindicated the commission. The RECORD at this point. governor and the committee described the On September 14, 1998, Mr. President, The article follows. I was privileged to attend an especially commission’s program for the blind as ‘‘one FRIENDS PAY HOMAGE TO CRUSADER FOR THE of the best in the country.’’ moving ceremony to recognize Dr. BLIND, JERNIGAN STILL WORKING DESPITE There are good things in everything, even Jernigan for worldwide leadership in LUNG CANCER this illness,’’ said his wife, Mary Ellen the development of technology to as- (by Ernest F. Imhoff) Jernigan. ‘‘You expect to hear from old sist blind people. The award, consisting A steady stream of old friends—maybe 200 friends. But in letters and calls, we hear of $15,000 Canadian and a 2-ounce gold in the past months—have been visiting Ken- from hundreds of people we don’t know.’’∑ October 14, 1998 CONGRESSIONAL RECORD — SENATE S12573 PITNEY BOWES F. Furchgott of the State University of prizes. You do it because you’re curious about what makes things tick.’’ ∑ Mr. LIEBERMAN. Mr. President, I New York Health Science Center at Brooklyn on winning the 1998 Nobel Sure, international attention, television rise today to acknowledge an impor- cameras planted on the front lawn, phone tant milestone by an important insti- Prize in Physiology or Medicine. ringing off the hook with calls from report- tution in my home state of Connecti- Dr. Furchgott, along with Dr. Louis ers struggling mightily to understand the cut—Pitney Bowes. For the past 78 J. Ignarro of the University of Califor- subtleties of his work—these things have years, Pitney Bowes has been at the nia at Los Angeles, and Dr. Ferid tickled him. forefront of technological innovation. Murad of the University of Texas, were But his favorite moment in his entire ca- awarded the Nobel Prize for their dis- reer, he said, ‘‘was when we discovered that The postage metering mechanisms that endothelial cells were necessary for relax- the company patented more than seven coveries of how natural production of nitric oxide can mediate a wide variety ation of arteries.’’ decades ago have faithfully performed ‘‘Then,’’ he said, ‘‘it was finding that the their everyday task of metering post- of bodily actions. Those include the endothelium-derived relaxing factor was ni- age. regulation of blood pressure, widening tric oxide. There have been lots of fun Twenty years ago Pitney Bowes in- blood vessels, preventing the formation things.’’ troduced a postage by phone system, of blood clots, fighting infections, re- He is, by admission of his admirers, a seri- ous man of research. which allowed businesses to refill their ducing sexual dysfunction, and func- tioning as a signal molecule in the ‘‘His lectures were dull, onerous and dron- postage meters over the phone. This ing on,’’ said Eli A. Friedman, a distin- technology has just passed a major nervous system. The bestowment of this prestigious guished teaching professor of medicine at milestone. Recently, Pitney Bowes an- SUNY Downstate and a former student of Dr. nounced the signing of its one-mil- honor to Dr. Furchgott brings long Furchgott. ‘‘But the content of his work was lionth active postage by phone cus- overdue recognition to the medical re- profound and inspiring. So if one could get tomer. Connecticut’s Governor, John search conducted at ‘‘SUNY past the fact that he was less than electric Rowland, was on hand to commemo- Downstate’’. I commend Dr. Furchgott competition for Jackie Gleason on tele- and the entire staff of the State Uni- vision, he was very exciting and moving.’’ rate this event and presented the com- Dr. Furchgott, who holds a doctorate in pany with a proclamation noting that versity of New York Health Science Center at Brooklyn for their many con- biochemistry and is a professor emeritus at nearly three quarters of a billion dol- Downstate, won his prize for discoveries of lars in time and labor have been saved tributions to the field of medicine. new properties of nitric oxide. With col- since the postage by phone system was Mr. President, I ask that the article leagues, he was able to demonstrate that the implemented. on Dr. Robert F. Furchgott from the gas nitric oxide can act as a messenger mol- Together with numerous mass mail- New York Times be printed in the ecule that tells blood vessels to relax and di- ECORD. late, which lowers blood pressure. The dis- ing machines developed over the years, R The article follows. covery was vital to developing the anti-im- Pitney Bowes has changed the face of RESEARCH HONOR GOES TO THE BROOKLYN potence drug Viagra. commerce. They enabled mass mail In 1996, he won an Albert Lasker Award in SIDE marketing and created millions of jobs. basic medical research, which is often a pre- Indeed, every member of this body has (By Jennifer Steinhauer) cursor award to the Nobel Prize. ‘‘Everyone had a campaign that depended on the The State University of New York Health here will walk a little straighter and hold mass mail systems developed by Pitney Science Center at Brooklyn has always been their head a little higher because he is here.’’ a bit of an underdog among the city’s medi- Bowes. Dr. Friedman said. cally elite institutions. In spite of its Dr. Furchgott was born in Charleston, S.C., However, Pitney Bowes is not just groundbreaking work in the study of AIDS, and received a B.S. in chemistry from the postage meters. It’s not just faxes, alcoholism and other illnesses, kudos most University of North Carolina in 1937 and a copiers, software, business services, fi- often went to hospitals and research centers doctorate in biochemistry from Northwest- nancial services, or cryptographic se- on the other side of the Brooklyn Bridge, ern University in 1940. curity for cyberspace transactions and like Mount Sinai and New York University. When asked what else he would like known communications. It is not just PC post- But yesterday, SUNY Downstate, as the about his career, Dr. Furchgott said: ‘‘Noth- science center is known, earned its boasting age metering which makes it possible ing really. I would like to get myself some rights over Manhattan when Dr. Robert F. lunch now.’’ for businesses to print postage using ∑ Furchgott, a distinguished professor of phar- f only a PC and a standard printer. It is macology there, received a Nobel Prize in not just the $100 million in R&D it Physiology or Medicine, the highest recogni- GRACE M. AMODEO spends each year or the dozens of new tion possible for a body of work that most ∑ Mr. DODD. Mr. President, commu- patents that Pitney Bowes receives an- Americans would recognize only in the form nities are not defined by physical bor- of Viagra. nually. It is not just cutting-edge tech- ders. They are defined by people. Peo- nology. Dr. Furchgott, 82, is in many ways a quin- tessential representative of Downstate, ple who are concerned for the well- The spirit of Pitney Bowes is found which had never received that Nobel Prize being of their neighbors, even if they in its people. More than one million and is better known to most New Yorkers as do not know them. People who want to customers, mostly small businesses, the college that provides doctors to Kings make their town a good place to raise use Pitney Bowes products to effi- County Hospital Center, one of the city’s children. People who recognize the im- ciently conduct their business. Tens of busiest and perhaps most embattled hos- portance of being a part something millions of our citizens benefit from pitals. Colleagues described Dr. Furchgott as larger than themselves. Today, I want the company’s mailing and messaging to speak about one such person who systems. More than thirty thousand modest, spending nearly every day nibbling sandwiches and eating yogurt in his office has worked tirelessly to make Rocky employees—seven thousand of these in while poring over scientific journals, or toil- Hill, Connecticut a true community: Connecticut—are dedicated to making ing in his laboratory, pondering the mys- Grace M. Amodeo. all of our jobs easier. It is this spirit teries of nitric, pondering the mysteries of Born in Italy, Grace Amodeo has that has resulted in Pitney Bowes nitric oxide. lived in Rocky Hill for 44 years. Grace being repeatedly listed as one of the 100 ‘‘His personal modesty stands in marked is a political pioneer in this town. In contrast to his magnificent achievement,’’ best companies to work for in America, 1971, she ran for Mayor of Rocky Hill recognized as providing meaningful op- said Dr. Eugene B. Feigelson, the college’s dean of medicine. ‘‘It is a source of pride for and earned the nomination of the portunities for women and minorities, the entire institution and to Brooklyn and is Democratic party, the first woman to and respected as a leader in the Con- a further distinction for us and for the State ever do so. Although she didn’t win, she necticut business community. University of New York.’’ did not let that set-back deter her from Congratulations to the Pitney Bowes When asked to reflect on his honor, Dr. actively serving her community workforce on this new milestone.∑ Furchgott seemed almost dismissive. ‘‘I was throughout her life. kind of surprised,’’ he said in a telephone f Grace Amodeo was a member of the interview from his home in Hewlett, N.Y. Board of Education for eight years, and DR. ROBERT F. FURCHGOTT ‘‘My work is sort of old-fashioned phar- macology. she served as the secretary for four ∑ Mr. MOYNIHAN. Mr. President, ‘‘Is it the highlight of my career? I guess in years. A woman of strong faith, she today I rise to congratulate Dr. Robert a way, though you don’t do research to win was a Eucharistic Minister at St. S12574 CONGRESSIONAL RECORD — SENATE October 14, 1998 James Church. And Rocky Hill has I thought of the many college stu- comfort to Matthew’s parents and the known no stronger advocate on behalf dents and high school students I have hundreds of other parents who fear for of seniors. Grace was a long-time mem- met who would benefit from these op- their children. ber of Rocky Hill Seniors and served as portunities. I thought about my own There are so many tragedies that we their President from 1978 to 1980. She college age children and the opportuni- cannot prevent. Another senseless, bru- also served on the fundraising commit- ties they would have. I knew this was a tal attack like the one experienced by tee for the Senior Center. In fact, she big accomplishment. Matthew is a tragedy that we cannot was named Rocky Hill’s ‘‘Senior of the Today, my thoughts are with another prevent. We spend millions of dollars a Year’’ in 1983. young college student who will never year seeking cures for deadly diseases Grace’s contributions to the commu- experience the opportunities and im- that strike the young and old. We sim- nity are all the more remarkable when provements we worked so hard to ply cannot accept a disease that you consider that she and her late hus- achieve. My thoughts have gone from strikes without warning and takes the band Tony also raised eight children. improving opportunities to how to pre- life of a percious vulnerable child. We In addition to possessing a commit- vent the terrible heartache that Mat- need to treat hate the same. It cannot ment to her community, she had a pas- thew Shepard’s family and friends are and will not be tolerated.∑ sion for politics, as evidenced by her now experiencing. f run for mayor. Grace has been active in When I first heard of this horrible local Democratic politics for years, and DESECRATION OF THE AMERICAN crime I immediately felt deep sym- FLAG I consider myself fortunate to have had pathy for Matthew’s parents. How the opportunity to work with her. This frightening it must have been for them Mr. THURMOND. Mr. President, I Friday, the Rocky Hill Democratic to fly half way around the world to be rise today to express my disappoint- Town Committee will bestow upon with their child who was almost unrec- ment that we will not have the oppor- Grace their Chairman’s Award in grati- ognizable because of the violent attack tunity to vote before the end of this tude for her work for the party. This he suffered. I can’t imagine the pain session on passage of S.J. Res. 40, the award is well deserved, and I congratu- they must be experiencing. There are Constitutional amendment to protect late Grace on this honor. simply no words that I could offer in the flag of the United States. But, as I stated earlier, Grace comfort. Recently, the Majority Leader made Amodeo’s devotion was not to a politi- I then felt deep sorrow for the com- a reasonable request for time for de- cal party, it was to a community. And munity and the University. To know bate and then a vote on this amend- thanks to Grace and people like her, that those who committed this violent ment. However, the minority unfortu- Rocky Hill, Connecticut remains a and hateful crime are part of their nately would not agree. There is not tightly knit community with its own community must be unbearable. This time for extended debate on this issue identity. It is a place with a strong community will never be the same. in the last days of this session, but ex- sense of history that people are proud I now feel sorry for our nation. What tended debate should not be necessary. to call home. I thank Grace for all that we have lost? A young man with so We have considered this issue in the she has done for the people of Connecti- much potential. What might Matthew Judiciary Committee and on the Sen- ate Floor many times in the past. In cut, and I wish her all the best in her Shepard have become? We know that future endeavors. fact, we have been debating this matter ∑ he was interested in political science for almost a decade. I have fought to f and very interested in this field of achieve Constitutional protection for study. Could Matthew have become a TRIBUTE TO MATTHEW SHEPARD the flag ever since the Supreme Court U.S. Senator? AND HIS FAMILY first legitimized flag burning in the I think now that maybe Matthew can ∑ Mrs. MURRAY. Mr. President, I rise case of Texas v. Johnson in 1989. We teach us all. We need to use this tragic today to remember a young man who have held numerous hearings on this in and despicable crime to attack hate as was wrongly, viciously struck down in the Judiciary Committee, most re- we attack any other disease that kills. the prime of his life. Matthew Shepard cently this past July. was an innocent, kind, young man pur- We must treat hate crimes as the dead- In our history, the Congress has been suing his education and enjoying the ly threat that they are and do more to very reluctant to amend the Constitu- life of a college student. Tragically, he prevent them. Hate is nothing more tion, and I agree with this approach. is now a reminder of what happens than a cancer that needs to be stopped. However, the Constitution provides for when we do not stand up to hate and S. 1529, Hate Crimes Prevent Act, of- a method of amendment, and there are bigotry. fers us that opportunity. I am pleased a few situations where an amendment On Monday night in Seattle and Spo- to have joined with many of my Col- is warranted. This is one of them. kane, Washington, hundreds of people leagues in cosponsoring this important The only real argument against this from all walks of life came together to legislation. The bill would expand the amendment is that it interferes with remember Matthew and to call for ac- definition of a hate crime and improve an absolute interpretation of the free tion to end hate crimes. Many people prosecution of those who act out their speech clause of the First Amendment. in Washington were outraged and hate with violence. No one beats a per- However, restrictions on speech al- shared in our nation’s sorrow. I was son to death and leaves them to die ready exist through Constitutional in- touched by this response and join with without being motivated by a deep terpretation. In fact, before the Su- so many others in expressing my own sense of hate. This was no robbery. The preme Court ruled on this issue in 1989, deep sense of hopelessness. I know that motive was hate. the Federal government and the states this was not just an isolated incident. The immediate response of local law believed that flag burning was not Con- Hate crimes are a real threat. We can- enforcement officials illustrates why stitutionally-protected speech. The not be silent any longer. we need to strengthen federal Hate Federal government and almost every A week ago today, I joined many of Crimes laws and why the Federal Gov- state had laws prohibiting flag desecra- my Colleagues down at the White ernment must take a greater role in tion in 1989. House in celebration of the signing of ending this violence. Mr. President, flag burning is intoler- the Higher Education Reauthorization I urge all of my Colleagues to think able. We have no obligation to permit Act. I was proud to be there to call at- about the many Matthew Shepard, we this nonsense. Have we focused so tention to the importance of this Act. have all met. Kind and hard working much on the rights of the individual I was proud that the legislation in- young adults. Let us act now to pre- that we have forgotten the rights of creased opportunities for young stu- vent any more senseless violence and the people? dents and improved access to quality deaths. During moments of despair and crisis education for all students. I thought It is often said that from tragedy we in our history, our people have turned about how important it was for us to be can learn. Let us learn from this tragic to the flag as a symbol of national focused on the needs of young Ameri- event and make a commitment that we unity. It represents our nation, our na- cans and their families striving to will act on Hate Crimes Prevention leg- tional ideals, and our proud heritage. It achieve a higher education. islation. Let our actions serve as a is much more than a piece of cloth. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12575 One of the most vivid reminders of risk of alcohol and drug abuse. FAS is children, we can reduce the importance of the flag is the Battle the leading cause of mental retardation institutionalizations, incarcerations of Iwo Jima during World War II some in the United States. and the repeated use of medical, men- 53 years ago. On the fourth day of the And it is 100 percent preventable. tal health and social services that oth- battle, after our troops fought their FAS is completely preventable, yet, erwise may be inevitable. It makes fis- way onto the beaches and over dan- each year in the United States, some cal sense, but, far more importantly, it gerous terrain, six men raised a United 12,000 children are born with FAS. The is what we need to do for the children States flag on the highest ridge on rate of FAE may be 3 times that. Re- and families who suffer its impact. Mount Suribachi. That was February searchers believe these conditions are The legislation we are sending to the 23, 1945, but the battle raged on until often missed—or misdiagnosed—so the President will establish a national task March 15, 1945. During those weeks of actual number of victims is almost cer- force of parents, educators, researchers fighting, the flag served as an inspira- tainly higher. and representatives from relevant fed- tion for our troops to keep pressing for- The incidence of FAS is nearly dou- eral, state and local agencies. That ward to victory. ble that of Down’s syndrome and al- task force will tell us how to raise Many times, American soldiers have most 5 times that of spina bifida. In awareness about FAS and FAE—how to put their lives on the line to defend some Native American communities, prevent it and how to deliver the kinds what the flag represents. We have a one of every 100 children is diagnosed of services that will enable children duty to honor their sacrifices by giving with FAS. and adults with FAS and FAE, and the flag the Constitutional protection It has been more than 30 years since their families, to cope with its dev- it deserves. researchers identified a direct link be- astating effects. Since we will not be able to turn to tween maternal consumption of alcohol A national task force with member- this amendment in the closing days of and serious birth defects. Yet, the rate ship from outside of, as well as within, this session, this issue will have to of alcohol use among pregnant women the federal government is our best bet wait for the next Congress. We must has not declined, nor has the rate of al- if we want to take a realistic look at not be deterred. I am firmly committed cohol-related birth defects. In fact, this problem and address it. The true to fighting for this amendment until both are increasing over time. experts on these conditions are the par- we are successful. The Centers for Disease Control ents and professionals who deal with f (CDC) reported a sixfold increase in the the cause and effects of these condi- percentage of babies with FAS born be- tions day in and day out. If we want to HEALTH PROFESSIONS EDUCATION tween 1980 and 1995. This increase is respond appropriately, parents, teach- PARTNERSHIPS ACT OF 1998 consistent with the CDC’s finding that ers, social workers, and researchers Mr. DASCHLE. Mr. President, I am rates of alcohol use during pregnancy, should have a place at the table. A na- pleased to report that, after years of especially the rates of ‘‘frequent drink- tional task force will also provide the waiting, families facing the tragedy of ing,’’ increased significantly between opportunity for communities to share alcohol-related birth defects can fi- 1991 and 1995. These findings defy the best practices, preventing states that nally expect a coordinated federal re- Surgeon General’s warning against are newer to this problem from having sponse to their needs. The Fetal Alco- drinking while pregnant as well as a to ‘‘reinvent the wheel.’’ hol Syndrome and Fetal Alcohol Effect strongly worded advisory issued in 1991 In conjunction with the task force ef- Prevention and Services Act, which has by the American Medical Association forts, the Secretary will establish a been included as part of S. 1754, the urging women to abstain from all alco- competitive grants program. This $25 Health Professions Education Partner- hol during pregnancy. Clearly, we need million program will provide the re- ships Act, will establish a national to do more to discourage women from sources necessary to operationalize the task force to address FAS and FAE, jeopardizing their children’s future by task force recommendations by sup- and a competitive grant program to drinking while pregnant. porting education and public aware- fund prevention and intervention for In addition to the tragic con- ness, coordination between agencies affected children and their families. sequences for thousands of children and that interact with affected individuals The Fetal Alcohol Syndrome and their families, these disturbing trends and their families, and applied research Fetal Alcohol Effect Prevention and have a staggering fiscal impact. The to identify effective prevention strate- Services Act was introduced as S. 1875 Centers for Disease Control and Pre- gies and FAS/FAE services. earlier this year and, with today’s Sen- vention estimates the lifetime private Mr. President, responding to the ate passage, will be cleared for the and public cost of treating an individ- tragedy of alcohol-related birth defects President’s signature. It is a modest ual with FAS at almost $1.4 million. is an urgent cause. I’d like to thank measure, but its implications—in The total cost in terms of health care the many concerned parents, research- terms of children saved, families saved, and social services to treat all Ameri- ers, educators, advocacy organizations and dollars saved—are dramatic. cans with FAS was estimated at $2.7 and federal agencies for their invalu- Alcohol-related birth defects, com- billion in 1995. This is an extraordinary able input on this legislation. I am con- monly known as Fetal Alcohol Syn- and unnecessary expense. fident this initiative will deliver pro- drome (FAS) and Fetal Alcohol Effect We know FAS and FAE are not found benefits to the Nation, and I am (FAE), wreak havoc on the lives of af- ‘‘minor’’ problems. They are prevalent; thrilled to see us moving toward its en- fected children and their families. The they are irreversible; they are dev- actment. neurological damage done by fetal ex- astating to the victim and his or her f posure to alcohol is irreversible and ex- family; and they are a drain on societal tensive, undercutting normal intellec- resources. We know the word is not TUG AND BARGE SAFETY tual capacity and emotional develop- getting out—or maybe it’s not getting Mr. CHAFEE. Mr. President, I rise ment. A child with FAS or FAE may be through—that drinking alcohol during today to thank the managers of the unable to think clearly, to discern pregnancy is a tremendous and sense- 1998 Coast Guard Authorization Act for right from wrong, to form relation- less risk. We know children with FAS their help in addressing an issue of ships, to act responsibly, to live inde- and FAE and their families are not re- great importance in Rhode Island: the pendently. ceiving appropriate services, and we safety of the tug and barge industry. The complicated and debilitating are all paying the consequences. The managers’ amendment to the array of mental, physical, and behav- Given what we know about FAS and Coast Guard Authorization Act that ioral problems associated with FAS FAE, our governmental and societal re- passed the Senate on Monday included and FAE can lead to continual use of sponse to date are clearly inadequate. a provision that will strengthen the medical, mental health, and social With this legislation, we are finally regulation of transportation of petro- services—as well as difficulty learning strengthening that response. leum by barges in the waters of the basic skills and remaining in school, To the extent we can prevent FAS Northeast. alarming rates of anti-social behavior and FAE and help parents respond ap- I appreciate the cooperation of Com- and incarceration, and a heightened propriately to the special needs of their merce Committee Chairman MCCAIN, S12576 CONGRESSIONAL RECORD — SENATE October 14, 1998

Ranking Member HOLLINGS, Sub- Guard District facilitated RRAT meet- amendment gives the Coast Guard the committee Chairwoman SNOWE, and ings, prepared the agendas and min- discretion to forego a regional require- Ranking Member KERRY for incor- utes, and lent other administrative ment if the national requirement for porating my provision into the bill. support to the effort. In June 1997, the anchoring and barge retrieval are no I especially want to thank the co- First Coast Guard District also for- less stringent than those required for sponsor of the provision, Senator JO- warded its plan to implement the the waters of the Northeast. SEPH LIEBERMAN of Connecticut, for his RRAT recommendations to Coast Though not a part of the Chafee- support. We have worked closely on Guard Headquarters. Lieberman provision adopted in H.R. this issue for several years. Senator It was the expectation of the state, 2204, I wish to address the issue of fire DODD of Connecticut also lent his sup- environmental, and industry RRAT suppression systems on tugboats. The port to the effort. participants that the RRAT rec- fire on board the was the criti- In order to understand why the ommendations for regional regulations Scandia Chaffee-Lieberman provisions are nec- would be included as a part of the rule- cal link in the chain of events that led essary, you must go back to the 1996 making to implement the towing ves- to the grounding of the barge North disaster when the tug Scandia and sel safety provisions in the Coast Cape and the resultant oil spill. It is barge North Cape grounded on the coast Guard Authorization Act of 1996. This my view that the October 1997 proposed of Rhode Island. After the accident, the was a reasonable expectation based rules badly missed the mark on this Environment and Public Works Com- upon the level of Coast Guard involve- issue. The Coast Guard proposal did mittee, which I chair, reported a bill to ment in the development of the consen- not require a fire suppression system improve towing vessel safety, and im- sus RRAT recommendations, which that would flood the engine room with portant elements of the bill were in- were then endorsed by the Coast Guard a gas to extinguish a serious fire. This cluded in the 1996 Coast Guard Author- Officer charged with marine safety in is a fatal defect in the proposed rule, ization Act. My intent in enacting 1996 the RRAT study area. and is inconsistent with the 1996 Coast provisions was to improve safety in the Unfortunately, the regulations pro- Guard Authorization Act. towing industry so as to prevent a rep- posed by the Coast Guard in October The Coast Guard’s October 1997 pro- etition of a disaster like the 1996 1997, did not incorporate the RRAT’s posal inferred a mandate ‘‘to prevent Scandia/North Cape spill in Block Island recommendations for regional regula- casualties involving barges which are Sound. tions. It also rejected specific RRAT the result of a loss of propulsion of the In October, 1997 the Coast Guard recommendations on anchor and emer- towing vessel.’’ The 1996 Coast Guard issued rules to implement the 1996 tow- gency retrieval provisions. Subsequent Authorization Act’s actual mandate is ing vessel legislation. I and others con- inquiry by Senator LIEBERMAN and my- quite explicit: ‘‘The Secretary shall re- cluded that the proposed rules might self revealed that the Coast Guard did quire * * * the use of a fire suppression not prevent a repetition of the Scandia/ not have any future plan to issue the system or other measures to provide North Cape disaster and asked the RRAT’s recommended regulations. adequate assurance that fires on board Coast Guard to reconsider. The Coast This decision by the Coast Guard was towing vessels can be suppressed under Guard is now reworking the rules and simply not acceptable. In April 1998, reasonably foreseeable circumstances.’’ expect to issue an interim final na- Senator LIEBERMAN and I asked that This is a clear mandate that onboard tional rule on anchoring and barge re- the Coast Guard immediately issue the equipment be able to suppress reason- trieval systems in November 1998. They regional regulations. This same request ably foreseeable fires such as occurred will repropose fire suppression regula- was made by many others in New Eng- on the Scandia. tions in January 1999. land, including States environmental Senator LIEBERMAN and I also were departments, regional and local envi- The 1996 statute reflects Congress’ concerned that the proposed rules did ronmental organizations, and private judgment that the preferred alter- not implement the recommendations of citizens in written comments, and at native is to suppress a fire quickly the Regional Risk Assessment Team or an April 9, 1998, hearing in Newport, enough so that damage is limited and ‘‘RRAT,’’ which forged a remarkable Rhode Island. propulsive power can be restored if in- consensus among Coast Guard District To its great credit, the Coast Guard terrupted due to fire fighting efforts. A One, the States, the environmental has reevaluated its initial rejection of fixed fire suppression system is an op- community, and the regulated industry regional regulations. The Coast Guard tion that any vessel master would de- on rules, to improve safety and reduce has embraced the RRAT recommenda- sire if faced with an engine room fire risks in the waters of the Northeast tions, and has been making admirable that could not be controlled by other States. progress of implementing the RRAT re- means. The team was assembled by the Ma- port. I am pleased to report that the The proposed regulations used vessel rine Safety Office in the First Coast Coast Guard will publish a proposed re- size as a principal criterion, while fail- Guard District shortly after the North gional regulation in the Federal Reg- ing to consider adequately any dif- Cape spill. The RRAT met for six ister today. Because of its proactive ferential requirements based on the months and, in February 1997, delivered reponse to the concerns that Senator ‘‘characteristics, methods of operation, a report with extensive regulatory rec- LIEBERMAN and I raised, the Coast and nature of service’’ as required by ommendations. Regulations were pro- Guard is in position to meet the ag- the law, which intentionally omitted posed in the following areas: vessel gressive deadlines in the Chafee- size from the list of factors to consider. manning, anchors and barge retrieval Lieberman provision in this year’s Not all towing vessels are the same systems, voyage planning, navigation Coast Guard bill. when considering the imposition of a safety equipment aboard towing ves- The Chafee-Lieberman provision, sec- requirement for a fixed flooding fire sels, enhanced communications, vessel tion 311 of the managers’ amendment suppression system. Specifically, tug- traffic schemes and exclusion zones, to H.R. 2204, directs the Coast Guard to boats like the Scandia which tow lightering activities, tug escorts, and issue regulations for towing and barge barges on the East Coast of the United crew fatigue. safety for the waters of the Northeast, The report was signed by the RRAT including Long Island Sound. Section States, are essentially seagoing vessels Steering Committee members: the 311 directs the Coast Guard to give full with sealable watertight doors and port Chief of the Marine Safety Division of consideration to each of the regulatory holes. Tow boats operating on rivers the First Coast Guard District, the recommendations made by the RRAT and inland waterways are not designed American Waterway Operators (on be- and explain in detail if any rec- for the same type of service. On these half of the regulated industry), Save ommendation is not adopted. inland vessels, engine rooms may be lo- the Bay (on behalf of environmental or- Section 311 directly addresses an- cated on the main deck, and they may ganizations), and the Rhode Island De- choring and barge retrieval systems on have conventional doors and windows. partment of Environmental Manage- a regional basis only. It is my under- The proposed Coast Guard rule cor- ment (on behalf of states participating standing the Coast Guard is planning rectly noted that, looking at towing in the RRAT). to issue a nationwide national interim vessels as a whole, certain types of ves- The Coast Guard was deeply involved final regulation on the anchor require- sels are ‘‘constructed with engine in the RRAT process. The First Coast ment by the end of November 1998. The rooms that would not be sufficiently October 14, 1998 CONGRESSIONAL RECORD — SENATE S12577 air tight’’ to be able to use a system United States gave almost $3 billion a only relatively friendly countries—Azer- that floods the space with a gas to ex- year to fund the Marshall Plan. A com- baijan, Georgia and Turkey—and would bind tinguish an out-of-control blaze. This parable contribution in round numbers, them closer to the West; because it would is certainly true in the case of inland given the current size of the United pull Azerbaijan and Georgia out of the Rus- sian shadow; and because it would not pass tow boats. States economy, would be about $100 through either Russia or Iran, both of which Tug boats designed for ocean service billion a year for five years. have offered routes of their own. such as the Scandia, if they are oper- Recognize that Russia, no less than Is ‘‘binding’’ Azerbaijan and Georgia ated in a prudent and seamanlike man- Nazi Germany, is a defeated nation— closer to the West part of a flawed ner, do have the requisite water and air the latter on the military battlefield, strategy of isolating Russia? We seem tightness to use a fixed flooding fire the former on the economic battlefield. clearly headed in that direction with suppression system to good advantage. To keep Russia on the road to democ- the expansion of NATO. And ignoring Congress specifically required that the racy and economic reform will require George F. Kennan, who lamented the proposed regulations account for the economic aid perhaps on the scale of Senate vote on NATO expansion in an variations within the commercial tow- the Marshall Plan. When you consider interview with Thomas L. Friedman. ing fleet. what we have been through, a post cold Commenting on the Senate debate, My preference was to simply man- war Marshall Plan does not seem exces- Ambassador Kennan stated: date a fire suppression system for sive. Particularly since we were able to I was particularly bothered by the ref- ocean-going tugboats in this year’s fund the Marshall Plan at the same erences to Russia as a country dying to at- Coast Guard bill. After hearing the time we were threatened by an empire tack Western Europe. Don’t people under- concerns raised by the Coast Guard and that subscribed to the view that even- stand? Our differences in the cold war were colleagues on the Commerce Commit- tually the entire world would succumb with the Soviet Communist regime. And now tee, I will not pursue fire suppression to communism. we are turning our backs on the very people changes this year. I look forward to the The singular truth is that we were who mounted the greatest bloodless revolu- Coast Guard’s new proposal on fire sup- utterly unprepared for the collapse of tion in history to remove the Soviet Regime. pression, which is due for publication the Soviet Union. During the 1980s we We would do well to remember these in January 1999. I expect it will be a began a defense build up which resulted words. marked improvement over the flawed in the largest debt the United States f October 1997 proposal. has ever known. When the Soviet LOW INCOME HOUSING TAX In closing, I again thank my col- Union did collapse, we felt broke and CREDIT leagues on the Commerce Committee unable to launch the kind of economic for accommodating my concerns on assistance that we were able to do after Mr. D’AMATO. Mr. President, about this issue. I also want to thank the World War II. a year ago, the distinguished Senator Coast Guard. They could have waited While we have provided some assist- from Florida, Senator GRAHAM, and I until section 311 became law before ance, it falls far short of Russia’s needs introduced legislation (S. 1252) to in- starting on the regional regulations. and lacks a coherent plan. Such a plan crease the amount of low-income hous- Instead, the Coast Guard, by proposing would include technical assistance on ing tax credits allocated to each state the regional regulations this very day, tax collections, operations of banks to reflect inflation since 1986, and to has accelerated the date when the and stock exchanges, protection of index this amount to reflect future in- Northeast will have the protection it property and individual rights to name flation. Today, we have 64 additional deserves. Finally, I thank my long- just a few areas that a country with cosponsors. In this time when the con- time collaborator on oil spill issues, little or no experience with democracy ventional wisdom is that everything is Senator JOSEPH LIEBERMAN of Con- and free markets might find helpful. supposed to be so partisan in Washing- necticut, for his steadfast support in Let me emphasize: without real short- ton, it is a very good testament about this effort. and long-term financial assistance the importance of the low-income f none of this technical assistance will housing tax credit that S. 1252 has gar- be effective or, indeed, welcome. nered the bipartisan support of two- DARE NOT SPURN RUSSIA But the United States cannot do it thirds of the Senate. Mr. MOYNIHAN. Mr. President, the alone. What would make the countries I guess we should not be surprised news from Russia remains grim. The of Central and Eastern Europe more se- about this support. The housing credit Times reported on Saturday: cure than any military alliance would has become an extraordinarily effec- Rocked by its worst harvest in 45 years and be membership in the European Union. tive mechanism to encourage construc- a plummeting ruble, Russia appealed today Unfortunately, our Western European tion of affordable housing. Since its for relief aid from the European Union. It allies have not embraced their eastern creation in 1986, the low-income hous- has also approached the United States and neighbors in this way. ing tax credit has successfully ex- Canada for help. Ambassador Richard Holbrooke has panded the supply of affordable housing Clearly Russia is in a perilous—one explained that to a certain extent, ex- and helped revitalize economically dis- could say dangerous—state. The grain panding NATO served as a surrogate tressed areas throughout the United harvest is down almost 40 percent pri- for EU enlargement. Roger Cohen re- States. The credit has been responsible marily because of a summer drought in ports Ambassador Holbrooke’s remark for almost 900,000 units of housing in the Volga River and Ural regions. And in the International Herald Tribune: the past decade. Nearly all new afford- the financial crisis in Russia has only Almost a decade has gone by since the Ber- able housing today (98%) is constructed added to the problems. For example the lin Wall fell and, instead of reaching out to with the help of the credit. Without the Times also reports that because pay- Central Europe, the European Union turned credit, these units simply would not be ment has not been made ‘‘15 ships full toward a bizarre search for a common cur- available. of American frozen poultry have de- rency. So NATO enlargement had to fill the Credits are allocated to each of the layed unloading their cargo.’’ void. states on a formula based on popu- What to do? For starters let’s not re- We seem to have stumbled into a re- lation: $1.25 multiplied by the number peat the mistakes of the past. Follow- flexive anti-Russian mode. The United of people in the state. Each state must ing the defeat of Germany in World States continues to act as though the adopt an allocation plan based on hous- War I, we failed to provide aid to the Cold War is still the central reality of ing needs in that particular state. Then Weimar Republic as it attempted to foreign policy, withal there has been a private developers compete for alloca- sustain a democratic government. The turnover and we now have the ball and tion of the limited amount of tax cred- resulting Nazi reign of terror was both it is time to move downfield. For in- it. This creates an environment where devastating and unspeakable. stance, in a Times story on Sunday each state can encourage the type and By contrast, following the defeat of about the selection of a trans-Caucus location of affordable housing it needs. the Nazis in World War II, we adopted oil pipeline, it was reported: And the competition for limited the Marshall Plan to rebuild a demo- The Administration favored the Baku- amounts of credit means that the Fed- cratic Germany. From 1948 to 1952, the Ceyhan route because it would pass through eral Government gets more and better S12578 CONGRESSIONAL RECORD — SENATE October 14, 1998 housing for each credit dollar. Effec- at every stage and this is now the judi- In his 1997 Year-End Report, Chief tively, the low income housing tax cial nomination that has been pending Justice Rehnquist focused again on the credit is a block grant to each state, the longest on the Senate Executive problem of ‘‘too few judges and too and each state uses market competi- Calendar this year, seven months. Over much work.’’ He noted the vacancy cri- tion to maximize the amount and qual- the last few days the Majority Leader sis and the persistence of scores of judi- ity of the housing. has repeatedly indicated that he would cial emergency vacancies and observed: In March, 1997, after an 18 month be calling up this nomination, but he ‘‘Some current nominees have been study of the program, the General Ac- has not done so. waiting a considerable time for a Sen- counting Office reported on the many I have heard rumors that some on the ate Judiciary Committee vote or a achievements of the program without Republican side planned to filibuster final floor vote. The Senate confirmed finding any problems in need of legisla- this nomination. I cannot recall a judi- only 17 judges in 1996 and 36 in 1997, tive correction. In fact, the GAO study cial nomination being successfully fili- well under the 101 judges it confirmed concluded that families living in hous- bustered. I do recall earlier this year in 1994.’’ He went on to note: ‘‘The Sen- ing built with the help of the credit when the Republican Chairman of the ate is surely under no obligation to had incomes that were lower than that Judiciary Committee and I noted how confirm any particular nominee, but required by statute. improper it would be to filibuster a ju- after the necessary time for inquiry it Unfortunately, the amount of credit dicial nomination. During this year’s should vote him up or vote him down.’’ that can be allocated each year has not long-delayed debate on the confirma- That is good advice. That is what been adjusted since the program was tion of Margaret Morrow, Senator this Senate should do, take up these created in 1986. If the credit had been HATCH said: ‘‘I think it is a travesty if nominations and vote them up or vote indexed for inflation since it was first we ever start getting into a game of them down. I believe that if the Senate enacted, the per capita credit amount filibustering judges.’’ Well, it appears were given an opportunity to have a would be $1.85 this year. that travesty was successfully threat- fair vote on the merits of the nomina- Although building costs rise each ened by some on the Republican side of tion of Judge Richard Paez or Timothy the aisle and kept the Majority Leader year, as does the affordable housing Dyk or any of the 21 judicial nomina- from fulfilling his commitment to call needs of the nation, the federal govern- tions pending on the Senate Executive up the nomination for a confirmation ment’s most important and successful Calendar, they would be confirmed. housing program is in effect being cut vote. Like the nomination of Bill Lann Lee Perhaps that is why we are not being annually as a result of inflation. When to head the Civil Rights Division, it ap- allowed to vote. the cap was first established, the credit The Chief Justice of the United pears that some on the Republican side would fund 115,000 units. Now it will States Supreme Court has called the have decided to take the Paez nomina- fund between 75,000 and 80,000 units. number of judicial vacancies ‘‘the most tion as a partisan trophy and to kill Despite economic prosperity in recent immediate problem we face in the fed- it—and to do so through obstruction eral judiciary.’’ I have urged those who years, the shortage in affordable hous- and delay rather than allowing the ing has become more, not less, severe. Senate to vote up or down on the nomi- have been stalling the consideration of According to HUD, the number of nation. the President’s judicial nominations to households with crisis-level rental Judge Paez and all 21 judicial nomi- reconsider and work to fulfil our con- housing needs exceeds 5 million. nations recommended to the Senate by stitutional responsibility. Those who I had hoped that we would have been the Judiciary Committee deserve bet- delay or prevent the filling of these va- able to see the enactment of S. 1252 ter. They should be cleared for con- cancies must understand that they are this year. Twelve years of erosion in firmation without further delay. I note harming the administration of justice. value of the credit should be enough. that of the 21 judicial nominations on Courts cannot try cases, incarcerate Unfortunately, it appears that this the Senate Executive Calendar, 19 were the guilty or resolve civil disputes meritorious legislation will have to reported unanimously by the Senate without judges. wait until next year. It is not often Judiciary Committee over the last five We began this year with the criticism that we can find a proposal that is sup- months. Those judicial nominations of the Chief Justice of the United ported by a bipartisan two-thirds of the which cannot be cleared by unanimous States Supreme Court ringing in our Senate, a majority of Republican gov- consent ought to be scheduled for de- ears: ‘‘Vacancies cannot remain at ernors, and a Democratic President. bate and a confirmation vote without such high levels indefinitely without Given the need for additional afford- further delay. eroding the quality of justice that tra- able housing, the effectiveness of the Let me put this in perspective: Most ditionally has been associated with the credit, and its broad bipartisan support Congresses end without any judicial federal judiciary.’’ Nonetheless, in- among elected officials at all levels of nominations left on the Senate Execu- stead of sustained effort by the Senate government, I am very hopeful that we tive Calendar. The Senate calendar is to close the judicial vacancies gap, we will be able to make this legislation a usually cleared of such nominations by have seen extensive delays continued priority tax item early next year when a confirmations vote. Indeed the 99th, and unjustified and anonymous the new Congress convenes. 101st, 102nd, and 103rd Congresses all ‘‘holds’’ become regular order. f ended without a single judicial nomi- To date, the Senate has actually been nation left on the Senate calendar. The losing ground to normal attrition over JUDICIAL NOMINATIONS BEING Democratic Senate majority in the two the last two years. When Congress ad- HELD HOSTAGE Congresses of the Bush Administration journed in 1996 there were 64 vacancies Mr. LEAHY. Mr. President, there are ended both those Congresses, the 101st on the federal bench. In the last 24 currently 21 qualified nominees on the and 102nd, without a single judicial months, another 87 vacancies have Senate calendar who have been re- nomination on the calendar. opened. And so, after the confirmation ported favorably by the Judiciary Com- By contrast, the Republican Senate of 36 judges in 1997 and 48 so far this mittee. Ten of those nominations majority in the last Congress, the year, there has still been a net increase would fill judicial emergency vacan- 104th, left an unprecedented seven judi- in judicial vacancies. The Senate has cies, which have been without a judge cial nominations on the Senate Execu- not even kept up with attrition. There for over 18 months. We have been try- tive Calendar at adjournment without are more vacancies in the federal judi- ing for days, weeks, months and in Senate action. And today, this Senate ciary today than when the Senate ad- some cases years to get votes on these still has 21 judicial nominations on its journed in 1996. nominees. calendar. The goal should be to vote on This is without regard to the Sen- The Majority Leader has yet to call all judicial nominations on the cal- ate’s refusal to consider the authoriza- up the nomination of Judge Richard endar. To leave as many as seven judi- tion of the additional judges needed by Paez to the Ninth Circuit. That nomi- cial nominations without action at the the federal judiciary to deal with their nation was first received by the Senate end of this Congress is shameful; to be ever increasing workload. In 1984 and back in January 1996, almost three toying with the prospect of 21 is irre- in 1990, Congress did respond to re- years ago. His nomination was delayed sponsible. quests for needed judicial resources by October 14, 1998 CONGRESSIONAL RECORD — SENATE S12579 the Judicial Conference. Indeed, in ence Thomas and did so in each case in Estimates show that 1 in 500 children 1990, a Democratic majority in the Con- less than 15 weeks. To delay judicial born today will be diagnosed with an gress created judgeships during a Re- nominations for months and years and autism spectrum disorder and that publican presidential administration. to deny them a vote is wrong. 400,000 Americans have autism or an Last year the Judicial Conference of f autism spectrum disorder. The cost of the United States requested that an ad- caring for individuals with this disease THE IRISH PEACE PROCESS CUL- ditional 53 judgeships be authorized is estimated at $13.3 billion per year. TURAL AND TRAINING PROGRAM around the country. If Congress had Rapid advancements and effective ACT OF 1998 passed the Federal Judgeship Act of treatments are attainable through bio- 1997, S. 678, as it should have, the fed- Mr. KENNEDY. Mr. President, the medical research. eral judiciary would have 120 vacancies passage of the Irish Peace Process Cul- S. 2263 improves research on pedi- today. That is the more accurate meas- tural and Training Program Act is an atric autism in the following areas: ure of the needs of the federal judiciary important step to facilitate the ongo- networks five Centers of Excellence that have been ignored by the Congress ing peace process in Northern Ireland combining basic research and clinical over the past two years. In that light, and advance the goals of the Good Fri- services; appropriates funds for an the judicial vacancies crisis continues day Agreement of April 10, 1998. The awareness campaign aimed largely at unabated. legislation contributes to this effort by physicians and professionals and de- In order to understand why a judicial providing the people of that strife-torn signed to aid in earlier and more accu- vacancies crisis is plaguing so many region with new opportunities to rate diagnosis; appropriates monies for federal courts, we need only recall how achieve permanent peace and reconcili- gene and tissue banking, and funds cur- unproductive the Republican Senate ation. rent proposals at NIH in autism. Michi- has been over the last three years. This bill which authorizes a total of gan families who have been affected by More and more of the vacancies are ju- 12,000 residents of Northern Ireland and autism or an autism spectrum disorder dicial emergencies that have been left the six border counties of the Republic have contacted my office in support of vacant for longer periods of time. The of Ireland to come to the United States this legislation. They have impressed President has sent the Senate qualified for up to three years for job training upon me the need for better research nominees for 23 of those judicial emer- and education. into this disorder. gency vacancies, nominations that are Northern Ireland has an overall un- With three young children of my still pending as the Senate prepares to employment rate of 9.6 percent, and it own, I too am concerned for millions of adjourn. is 13 percent in Belfast. The economy children afflicted with childhood dis- When the American people consider grew only three percent in the last eases and birth defects. I have long how the Senate is meeting its respon- year. Economic stagnation and high been committed to supporting policies sibilities with respect to judicial va- unemployment disproportionately af- that encourage research into this and cancies, it must recall that as recently fect unskilled workers. The legislation other afflictions, particularly those as 1994, the last year in which the Sen- reaches out to these disadvantaged conditions that directly impact chil- ate majority was Democratic, the Sen- workers by giving many of them an op- dren. For these reasons, I urge my col- ate confirmed 101 judges. It has taken portunity to learn skills in the United leagues to join me in support of this the Republican Senate three years to States, which they will in turn take important piece of legislation. reach the century mark for judicial home to their communities in North- Mr. President, I yield the floor. confirmations—to accomplish what we ern Ireland and the border counties and f did in one session. use them productively for their future. Unlike other periods in which judi- One of America’s greatest strengths RETENTION OF RECKLESSNESS cial vacancies could be attributed to is its diversity, and the diversity of STANDARD OF LIABILITY newly-created judgeships, during the Northern Ireland can be a strength as Mr. CLELAND. Mr. President, in the past four years the vacancies crisis has well. A major goal of this legislation is wake of final passage of S. 1260, the Se- been created by the Senate’s failure to to promote cross-community and cross- curities Litigation Uniform Standards move quickly to consider nominees to border understanding and build grass- Act, I wish to emphasize my interest in longstanding vacancies. roots support for long-term reconcili- the retention and reinforcement of the No one should take comfort from the ation and peaceful coexistence of the recklessness standard of liability and number of confirmations achieved so two communities. Building on the suc- the Second Circuit Court of Appeals far this year. It is only in comparison cess of similar programs, this legisla- pleading standard in federal securities to the dismal achievements of the last tion will enable persons who have lived fraud cases. Securities law experts, in- two years that 48 judicial confirma- amidst the conflict and bigotry of cluding officials of the Securities and tions could be seen as an improvement. Northern Ireland to spend time in com- Exchange Commission, have recognized I recall that in 1992, during a presi- munities in the United States where that the continued vitality of the fed- dential election year and President reconciliation works to achieve a eral securities laws and the health of Bush’s last year in office, a Democratic strong and more just society. It is our the financial markets depend on the re- Senate confirmed 66 of his nomina- hope that the experience generated by affirmation of this standard. tions. this legislation produce long-lasting It is essential that we be clear that I began this year challenging the social and economic benefits for all the reckless wrongdoing satisfies the Senate to maintain that pace. Instead, people of the borders and Northern Ire- scienter standard under the federal se- the Senate has confirmed only 48 judi- land. curities laws. The current standard cial nominees instead of the 84 judges f that provides liability for reckless be- the Senate would have confirmed had havior should be explicitly reaffirmed; it maintained the pace it achieved at ADVANCEMENT IN PEDIATRIC any suggestion that a victimized inves- the end of last year. The Senate has AUTISM RESEARCH ACT tor must establish actual knowledge by acted to confirm only 48 of the 91 nomi- Mr. ABRAHAM. Mr. President, I rise a defendant is not only legally incor- nations received for the 115 vacancies today in support of S. 2263, the Ad- rect but would undermine the integrity the federal judiciary experienced this vancement in Pediatric Autism Re- of our financial markets. The SEC has year. search Act, introduced by Senator repeatedly stated in legal filings and I know that some are still playing a SLADE GORTON. Infantile autism and Congressional testimony that the reck- political game of payback for the de- autism spectrum disorders are bio- lessness standard is critical to investor feat of the nomination of Judge Bork logically-based, neuro-developmental protection. Every federal appellate to the Supreme Court and other Repub- diseases that cause severe impairments court that has considered this issue has lican judicial nomination over the last in language and communication. This held that recklessness suffices. The decade. I remind the Senate that the disease is generally manifested in text of the 1995 Private Securities Liti- Senate voted on the Bork nomination young children, sometimes during the gation Reform Act did not change the and voted on the nomination of Clar- first years of life. scienter standard; Members of Congress S12580 CONGRESSIONAL RECORD — SENATE October 14, 1998 understood that raising the standard cation woes. Over the last few days, we ness of these programs is usually: How much would have not only a chilling effect on have heard Democrats lament how Re- money have we put into the system? private actions by defrauded individ- publicans have held up all of the Demo- Cozette Buckney, Chief Education Of- uals, but on regulatory actions by the cratic efforts to provide funding for ficer, of the Chicago school system SEC. school construction and to reduce class echoed the sentiments of many state Since the 1995 Reform Act, there has size. and local officials: been some disagreement in the courts For these Democrats, more money is Excessive paperwork is a concern. Too about whether Congress intended to a surrogate for the structural reform many reports, the time lines for some of the elevate the pleading standard in securi- that American education needs. Struc- reports, the cost factor involved, the admin- ties fraud class actions above the pre- tural reform, change—this is what istrative staff just do not warrant that kind viously existing Second Circuit plead- these Democrats fear. Instead, their re- of time on task. That is taking from what we ing standard. It is clear to me that the sponse to crisis is more money and an- need to do to make certain our students are achieving and our teachers are prepared. answer to the question must be ‘‘no’’. I other federal program. am pleased that the Senate Banking The last thing that we need is an- Senator WYDEN and I introduced leg- Committee Report on S. 1260, as well as other federal program. Through my islation to help with this regulatory the recorded colloquy on the Senate work as the Chairman of the Senate tangle and untie the hands of states floor about the Second Circuit pleading Budget Committee Education Task and localities. Our Ed-Flex expansion standard, reaffirm this point. Force, I discovered that there are ap- bill would expand to 50 states the enor- As I mentioned in my floor state- proximately 552 federal education pro- mously popular ‘‘Ed-Flex’’ demonstra- ment during debate on this legislation, grams. The Department of Education tion program that has already been I am not convinced that the federal administers 244 of these programs, and ‘‘field-tested’’ and proven successful in preemption of state anti-fraud protec- EVEN IF you count only those ‘‘provid- 12 states. tions is a necessary step. I support the ing direct and indirect instructional Ed-Flex frees responsible states from right of investors to seek legal rem- assistance to students in kindergarten the burden of unnecessary, time-con- edies against those persons selling through grade 12,’’ the GAO found that suming Washington regulations, so fraudulent securities. While I worked there are still 69 programs. long as states are complying with cer- to streamline the regulatory process in Among these programs, overlap is tain core federal principles, such as Georgia, I opposed amendments to fed- pervasive. In my office, we call this civil rights, and so long as the states eral regulations that would have im- chart the ‘‘spider web chart.’’ This are making progress toward improving paired the ability of a state to protect chart, prepared by the GAO, shows that their students’ results. Under the Ed- its investors. Here in the Senate, my 23 federal departments and agencies ad- Flex program, the Department of Edu- focus remains the same. For this rea- minister multiple federal programs to cation delegates to the states its power son, I opposed S. 1260 during its initial three targeted groups: teachers, at-risk to grant individual school districts Senate consideration. Nevertheless, if and delinquent youth, and young chil- temporary waivers from certain federal passage of this legislation is inevitable, dren. For early childhood, for example, requirements that interfere with state let us at least make it absolutely clear there are 90 programs in 11 agencies and local efforts to improve education. that an investor’s right to seek redress and offices. In fact, one disadvantaged To be eligible, a state must waive its through civil litigation is not elimi- child could be eligible for as many as 13 own regulations on schools. It must nated due to a failure to reaffirm the programs. also hold schools accountable for re- existing standard of recklessness in In addition, the effectiveness of many sults. The 12 states that currently par- federal securities fraud cases. of these programs is doubtful or un- ticipate in Ed-Flex have used this flexi- f known. The GAO has expressed concern bility to allow school districts to inno- that the Department of Education does vate and better use federal resources to COMMITMENT TO EDUCATION not know how well new or newly modi- improve student outcomes. Mr. FRIST. Mr. President, I rise fied programs are being implemented, I would also like to add that edu- today to discuss the very important or to what extent established programs cational flexibility should extend be- issue of education. are working. The efficacy of Title I yond teaching techniques, curricula, I am very disappointed that some also remains uncertain. and the rest of what happens in public Democrats in Congress and those in the Lastly, it should come as no surprise school classrooms. It should reach to White House have chosen to demagogue that so many programs and so much the management of those schools. One and politicize education as we attempt confusion comes at great cost. Critics of the most important lessons about to wind down our legislative year. of the education establishment note the prospective changes in education These Democrats would like for the that although federal funds make up operations is the realization that de- American people to believe that Repub- only 7% of their budgets, they impose centralized, on-the-spot leadership by licans just don’t care about education 50% of their administrative costs. As principals and other administrators is and that we are refusing to spend more one concrete example, Frank Brogan, crucial to the success of a school. money to improve our educational sys- Florida’s Commissioner of Education, Unfortunately, many of America’s tem. has reported that it takes 297 state em- school systems are frozen into manage- Nothing could be further from the ployees to oversee and administer $1 rial patterns that reward conformity truth. billion in federal funds. In contrast, and discourage independent leadership. Since I took office in 1995, I have seen only 374 employees oversee approxi- American business has had to make a 27 percent increase in the amount of mately $7 billion in state funds. Thus, structural adaptations to meet the money this Congress has appropriated it takes six times as many people to challenge of the world market and for education. In 1994, we spent $24.6 administer a federal dollar as a sate international competition. Top-heavy billion for education. For fiscal year dollar. managerial structures have given way 1999, we have proposed to spend $31.4 Brogan went on to say: to more flexible—and therefore more billion—exactly, I might add, that the We at the State and local level feel the responsive—ways of engaging the work President requested for discretionary crushing burden cased by too many Federal force in team efforts. The result has spending. Historically, the federal com- regulations, procedures, and mandates. Flor- been greater productivity and en- mitment to education has risen from ida spends millions of dollars every year to hanced quality. $23.9 billion in 1959 to over $564 billion administer inflexible, categorical Federal That is a good example of the kind of in 1996. As a percentage of GDP. edu- programs that divert precious dollars away adaptation our schools can make, to cational expenditures have risen from from raisin student achievement. Many of free up the enormous resources of tal- these Federal program typify the misguided, ent and commitment both among 4.7 to 7.4 percent over the same time- one-size-fits-all command and control ap- frame. proach. Most have the requisite focus on in- teachers and in the ranks of adminis- For many Democrats, more money puts like more regulations, increasing budg- trators at all levels. and more federal education programs ets, and fixed options and processes. The op- Republicans would like to stick with are the answer to our Nation’s edu- erative question in evaluating the effective- this strategy of untying the hands of October 14, 1998 CONGRESSIONAL RECORD — SENATE S12581 states and localities and giving states parents and teachers, schools and lo- Chiapas today. Just over four years and local school districts more flexibil- calities. The last thing that our ago, in January 1994, the Zapatista Na- ity. Rather than create another 2 or 3 schools need is more bureaucracy and tional Liberation Army, an organiza- entitlement programs that are pre- federal intrusion. Instead, what Wash- tion of peasant and indigenous peoples scriptive and inflexible, we believe that ington should and can do is to free the seeking political and social changes, we should allow states to use addi- hands of states and localities and to launched an uprising by seizing four tional federal monies in whatever man- support local and state education re- towns in the Chiapas region of south- ner the state determines the additional form efforts. When localities find ideas ern Mexico; fighting in the region re- money can best be used. that work, the federal government sulted in nearly 100 deaths. Although For some states, this may very well should either get out of the way or lend the Mexican government initially be for school construction. For others, a helping hand. countered the rebellion by sending it may be for hiring more teachers. But I applaud the efforts of those on both troops to the region, issuing arrest for others, it may be for wiring every sides of the aisle who are fighting for warrants for all Zapatista leaders, and school, or for putting more computers education. This is not a partisan issue. creating a new military zone near the in the classroom. Some states may de- Witness my efforts with Senator site of the Chiapas rebellion, Mexican cide that they need the money for WYDEN on Ed-Flex—a bill that is also President Ernesto Zedillo subsequently teacher training, to improve the teach- supported by Senators KERREY, FORD, canceled the arrest warrants, ordered ers that they already have in the class- GLENN, and LEVIN on the Democratic the cessation of all offensive actions rooms. side and more than a dozen senators on against the Zapatista Army, and called The point is—how do we in the fed- the Republican side. Most of us here in for dialogue between Zapatista leaders eral government know better than the Senate are parents and we all want and the Mexican government. Since those in the states and local commu- what is best for our children—and all August of 1995, the Zapatistas have nities—and parents—what their stu- children. participated intermittently in peace dents need the most? The answer is But let’s not let extremist Demo- negotiations with the Mexican govern- that we don’t. crats, who are hostage to the old order, ment. paint the Republicans as the Grinches Some in Washington argue that by Last December, 45 indigenous peas- allowing states the flexibility to use who stole Christmas for America’s school children. It is extremist Demo- ants in the village of Acteal, Chiapas, federal money in the best way state of- were killed by armed men reportedly ficials see fit removes accountability crats, with their well-intentioned but completely misguided approach of affiliated with President Zedillo’s In- from the equation. But to whom are stitutional Revolutionary Party (PRI). state and local officials more respon- throwing more money into the federal education abyss and adding more and Following this incident, President sive—the sprawling federal bureauc- Zedillo appointed a new Minister of racy or local teachers, parents and more programs to the already complex maze of federal education programs, Government and a new peace nego- residents? tiator for Chiapas, the Governor of This Congress has actively addressed who are short-changing the future of America’s students. Chiapas resigned, and Mexican authori- federal education. We had lengthy and ties arrested more than 40 people in thoughtful debate on a variety of edu- The temptation for too many of us is to measure our commitment to edu- connection with this incident, includ- cation initiatives during consideration ing the mayor of a nearby town. of the Coverdell Education Savings Ac- cation by the size of the federal wallet. But let’s not just throw money at our These incidents renewed calls for counts bill. We passed the Coverdell problems. Let’s not just create more of peace in Chiapas. The Zapatistas re- bill to allow parents to save more of the same old tired education programs. jected legislation submitted to the their own money for use in paying edu- Let’s focus on results. Let’s give par- Mexican Congress by President Zedillo cational expenses including, but not ents and local school boards control of in March 1998 to promote indigenous limited to, computers, school uniforms, schools, and empower them to chart a rights in Chiapas. President Zedillo tutors, textbooks or tuition. course that improves student out- The President vetoed the Coverdell visited the region several times in mid- comes. Let’s allow States to decide 1998 to promote dialogue, but the talks bill. how they can best utilize increased fed- This Congress has passed the Higher fell apart after the June 1998 resigna- eral resources. Education Amendments and made tion of Bishop Ruiz from the mediation f great strides in improving teacher commission, and the commission sub- quality. HUMAN RIGHTS IN CHIAPAS sequently dissolved. In July 1998, the Just a few days ago, we passed the Zapatistas advanced a proposal for me- Mr. FEINGOLD. Mr. President, I am diation and for a Mexican plebiscite on Charter School bill to support charter pleased to be an original cosponsor of schools which are given more flexibil- President Zedillo’s indigenous rights S. Con. Res. 128, introduced last week legislation. ity and freedom from burdensome state by the Senator from Vermont [Mr. But, Mr. President, efforts for dia- and federal regulations. I am encour- LEAHY]. I believe that this resolution is logue between the Mexican government aged by the success of charter schools both timely and important. in the states that have them, and re- This resolution calls on the Sec- and the Zapatistas have been largely main hopeful that when all 50 states retary of State to take a number of fruitless, and the violence continues. I have increased flexibility with Ed-Flex, steps to foster improvement in the am deeply troubled by this situation. that similar gains may be seen in the human rights situation in Mexico and I am also deeply troubled by the cool regular public schools. If charter to end the violence in the state of reception that the Mexican govern- schools are successful, we must give Chiapas. These steps include ensuring ment has given to some international our regular public schools the same that any assistance and exports of human rights observers, including peo- freedoms and opportunities to improve equipment to Mexican security forces ple from my home state of Wisconsin. student achievement that we have are used primarily for counter-narcot- Many of these individuals have worked given charters. ics and do not contribute to human tirelessly from the beginning of the In closing, my colleagues have heard rights violations, encouraging the Chiapas conflict to help organize hu- me many times discuss the poor state Mexican government to disarm para- manitarian assistance for the indige- of our American education system. In military groups and decrease the mili- nous peoples of the troubled region. recent international comparisons, we tary presence in Chiapas, and encour- Some of these individuals feel that have performed abysmally—scoring in aging the Mexican government and the there has been a concerted effort by the middle of the pack or at the very Zapatista National Liberation Army to the Government of Mexico to keep for- bottom depending on the age category establish concrete conditions for nego- eigners out of the region in order to and subject tested. tiations for a peaceful resolution to the limit this kind of humanitarian assist- Washington should not, however, conflict in Chiapas. ance and to limit the ability of out- rush to address this crisis by creating Mr. President, allow me to just re- siders to monitor and report on the new programs with new mandates on view briefly what is going on in human rights situation there. Many S12582 CONGRESSIONAL RECORD — SENATE October 14, 1998 humanitarian workers have been de- The OECD treaty, which passed the MEDICAL DEVICE MANUFACTURER tained for long periods of time and Senate unanimously earlier this year, YEAR 200 RESPONSE summarily deported from Mexico. would bring most of our major trading Mr. GRAMS. Mr. President, about The deficient reception of humani- partners up to the same standards that two weeks ago, a list of medical device tarian workers in Chiapas casts doubt U.S. companies have been exercising companies was printed in the CONGRES- on the sincerity of the Mexican Gov- since the FCPA became law. SIONAL RECORD which indicated they ernment when it says it wants to work Mr. President, I consider this treaty, were non-responsive to The Food and with the United States and others to and the implementing legislation, S. Drug Administration’s request for Year control drug trafficking or to enter 2375, that accompanies it, to be impor- 200 compliance status. into end-use monitoring agreements on tant work of the Congress. However, as As Chairman of the Senate Medical the transfer of military equipment. the Washington Post noted in its edi- Technology Caucus, I believe it is im- Mr. President, I believe the United torial, the House of Representatives States has an obligation to be an advo- portant my colleagues have the latest has yet to pass this legislation. on manufacturers which have been re- cate for human rights protections As a member of the Senate Commit- sponsive to the FDA’s request for infor- around the world. I am not convinced tee on Foreign Relations, which had mation on the Year 2000 compliance that the Mexican National Commission the responsibility to recommend the status of their products Companies on Human Rights (CNDH), which was Senate provide its advice and consent were asked by the FDA to indicate in established in 1990, has done enough to on this treaty, I hope the House will their response the following: prevent continuing violations by Mexi- move quickly to pass the implementing The medical devices marketed and can law enforcement officials and the legislation prior to adjournment. Mexican military. I believe the United Mr. President, I ask unanimous con- have sold are not Year 2000 vulnerable; States must make human rights a top sent that the text of the October 7, medical devices marketed and sold are priority in our relations with Mexico, 1998, Washington Post editorial be all year 2000 compliant; the manufac- turer is providing specific information and I do not believe Mexico can reach printed in the RECORD at this point. stability without permitting its citi- There being no objection, the edi- regarding those products which are not zens to exercise their basic rights. In torial was ordered to be printed in the compliant or their assessment is cur- light of the proximity of Mexico to the RECORD, as follows: rently incomplete; or the manufacturer United States and the myriad ties be- [From the Washington Post, Oct. 7, 1998] is working on an assessment and will post the results. tween our two countries, we have a A VOTE AGAINST BRIBES Mr. President, there are many sec- clear interest in working to ensure Its not every day that Congress has an op- that human rights are respected in portunity to pass legislation that has no tors of our economy which still need to Mexico. down side whatsoever, that can only help the address the potential for problems in Again, Mr. President, I am pleased to United States and U.S. businesses; that ful- the year 2000, but I am pleased that a be a cosponsor of S.Con.Res. 128, which, fills a demand Congress itself made 10 years vast majority of medical device compa- in my view, will further call attention ago; and that—perhaps rarest of all—has the nies in the United States have re- to the on-going human rights abuses in ardent support of both President Clinton and sponded to the FDA on year 2000 com- Chiapas. I hope that the Administra- Sen. Jesse Helms. The House has such an op- pliance status and deserve to be recog- tion will actively work to put human portunity now, with a bill to implement an nized for having done so. international treaty combating bribery over- rights at the very top of our priority seas. Yet, perhaps not surprisingly, even this I would like to mention specifically list with respect to Mexico, and that universally acclaimed legislation is no thirteen companies mistakenly listed the Mexican government will take con- longer a sure thing. in the CONGRESSIONAL RECORD as being crete steps to end the violence in More than 20 years ago, Congress passed unresponsive to the FDA’s request. Chiapas and to respect the rights of all the Foreign Corrupt Practices Act, which These manufacturers have responded to Mexican citizens and international outlawed the paying of bribes by U.S. busi- the FDA’s request for Year 2000 compli- visitors. ness executives to win foreign contracts. It ance status: Apothecary Incorporated, was and remains a good law, and by most ac- f counts it has had a beneficial effect on how Augustine Medical Incorporated, Braemar Corporation, Dantec Medical BRIBERY IN INTERNATIONAL Americans do business. But it’s also put Incorporated, Diametrics Medical In- BUSINESS TRANSACTIONS them at a competitive disadvantage to Euro- pean and other companies that not only corporated, Keomed Incorporated, Mr. FEINGOLD. Mr. President, I aren’t prohibited from paying bribes but in Medtronic PS Medical Medtronic Bio- want to bring to the Senate’s attention many cases can deduct the payoffs from medicus, Medtronic Neurological, an excellent editorial published by the their taxes. The administration estimates Prime Ideas Incorporated, Puritan Ben- Washington Post on Wednesday, Octo- that U.S. industry may lost $30 billion worth nett Corporation, Timm Research Com- ber 7, 1998 concerning the OECD Con- of contracts each year for its honesty. The Clinton administration last year nego- pany, and Williams Sound Corporation. vention on Combating Bribery of For- Mr. President, while this list only eign Public Officials in International tiated a treaty with other major industrial countries that would essentially extend the represents companies based in Min- Business Transactions. Foreign Corrupt Practices Act to all of nesota, the FDA has compiled a much This convention seeks to establish them. Instead of the United States lowering larger listing of companies which are worldwide standards for the criminal- its standards, long years of diplomacy finally or have addressed year 2000 issues on ization of the bribery of foreign offi- persuaded Europeans to raise theirs. The their website located at www.fda.gov. cials to influence or retain business. Senate unanimously ratified the treaty, cit- Just over 20 years ago the Congress ing what Sen. Helms called an ‘‘urgent need f to push—and I use that word advisedly—to passed the Foreign Corrupt Practices CAMPAIGN FINANCE REFORM Act, or FCPA. This landmark legisla- push our European allies’’ to criminalize tion, which I am proud to say was spon- bribery overseas. Now the House must make Mr. LEVIN. Mr. President, the 105th sored by one of Wisconsin’s most re- U.S. law consistent with the treaty. No one Congress is nearing its conclusion. As is against this. But the press of business may we look over the past two years of this spected elected officials, Senator Wil- put the bill in danger. liam Proxmire, was enacted after it This may seem less urgent than other mat- Congress, one issue that consumed was discovered that some American ters awaiting congressional action. But cor- hours of effort and debate, exposed companies were keeping slush funds for ruption is at the root of the financial crisis problems that strike at the heart of making questionable and/or illegal sweeping the world. Rich countries are good our government, and whose ramifica- payments to foreign officials to help at telling their poor counterparts to behave; tions are nothing less than a cancer land business deals. here is a change to show that the rich are eating at the body politic, remains un- For these 20 years, the FCPA has suc- willing to police themselves, too. For the resolved. I’m talking about campaign United States, which has been doing such po- finance reform. ceeded at curbing U.S. corporate brib- licing for two decades, this is a no-lose prop- ery of foreign officials by establishing osition. But if Congress doesn’t approve the In January 1997, this Congress extensive bookkeeping requirements to treaty, Europe and Japan won’t either. The launched multiple investigations into ensure transparency and by criminal- House should pocket this win before it’s too events associated with the 1996 federal izing the bribery of foreign officials. late. elections. Dozens of hearings were held, October 14, 1998 CONGRESSIONAL RECORD — SENATE S12583 and the Senate Governmental Affairs cuss issues and are not efforts to elect to hold up almost all government ap- Committee issued a 9,575 page report. or defeat the candidates they mention propriations—essentially to shut down Bipartisan legislation addressing the by name. The Democratic Congres- the government—in order to debate the major issues was introduced and de- sional Campaign Committee is spend- issue. bated on the floor of the Senate and ing $7 million on similar issue ads. The question is whether these strong- the House. Majorities on both sides of These multi-million dollar advertising arm tactics will prevail. Whether, the Capitol voted in support of reform, efforts by both parties demonstrate given the obstacles thrown in the path to strengthen federal election laws. In how the loopholes have effectively of campaign finance reform, we give up the Senate, a majority supported the erased the campaign limits. this fight or whether we continue to McCain-Feingold bill. In the House, a Other, more fundamental problems press on. Senators MCCAIN and FEIN- majority voted for the Shays-Meehan with current law are illustrated by a GOLD have said publicly that they will bill. Both bills sought to ban soft recent court decision, issued October be back in the next Congress to fight money, treat phony issue ads as cam- 9th in the Charlie Trie prosecution, for reform. I plan to stand with them. paign ads they are, strengthen disclo- holding that the law as currently word- I believe the stakes are nothing less sure, and streamline enforcement. De- ed does not prohibit soft money con- than the integrity of our electoral sys- spite majority support in both Houses, tributions by foreign nationals. tem. we are ending this Congress without The plain truth is that the federal The time is over for empty rhetoric major campaign finance reform. election laws now on the books are too about the 1996 campaign and the need It is a tragedy. Given the controversy often unenforceable. While the Repub- for stronger enforcement of the cam- and criticisms following the 1996 elec- lican leadership rails at the Attorney paign laws already on the books. The tions, the failure to enact meaningful General for not doing more and threat- laws now on the books are too often campaign finance reform is unjustifi- ens her with impeachment for not ap- unenforceable, and everyone knows it. able, it is inexplicable, and it is wrong. pointing an independent counsel to in- It is time to wipe away the crocodile As many of us have said repeatedly, vestigate the 1996 federal elections, tears and see clearly what the Amer- the problem with the 1996 elections is they simultaneously block efforts to ican people see. Campaign finance re- that the vast majority of the conduct clarify and strengthen the very laws form is long overdue. most loudly condemned was not ille- that they say they want her to enforce. f gal—it was legal. Most involved soft The soft money loophole exists, be- CAMPAIGN FINANCE REFORM money—the solicitation and spending cause we in Congress allow it to exist. of undisclosed and unlimited election- Foreign involvement in American elec- Mr. FEINGOLD. Mr. President, we are now in the closing days of this con- related contributions, despite laws now tion campaigns exists, because we in gressional session. A lot is happening on the books requiring federal cam- Congress allow it to exist. Phony issue in these final hours. With the clock paign contributions to comply with ads exist, because we in Congress allow ticking we almost always knuckle strict limits and be disclosed. Virtually them to exist. Weak enforcement of down and get things done. But it has all the foreign contributions so loudly campaign laws continues, because we become clear that one thing that this condemned involved soft money. Vir- in Congress allow the current loophole- Congress will not do before it adjourns tually every offer of access to the ridden statutes to continue on the is pass meaningful campaign finance White House or the Capitol Building or books unchanged. reform. It is long past time to stop pointing to the President or the leadership of Today I want to serve notice that the Senate or the House involved con- fingers at others and take responsibil- this fight is not over. If the people of tributions of soft money. ity for our share of the blame for this Wisconsin in their wisdom send me Opponents of campaign finance re- system. We alone write the laws. Con- back to this chamber next year, the form contend that soft money is not a gress alone can close the loopholes and Senate will hear about campaign fi- problem and that the laws on the books reinvigorate the Federal election laws. nance reform again and vote on cam- We could have made significant do not need reform, but the truth is paign finance reform again because our that legal limits which once had mean- progress during this Congress. The democracy has been made sick by the ing have been virtually swallowed up House passed meaningful campaign fi- corrupting influence of big money, and by the loopholes. The limits on individ- nance reform. The majority of the Sen- the future of our country is at stake. ual, corporate and individual contribu- ate voted to do the same, but the Re- And Mr. President, this fight will tions have become a sham. Campaign publican leadership brought sufficient continue regardless of what I say. Be- contribution limits, for all intents and pressure to bear so that the chief spon- cause the fight for campaign finance purposes, do not exist. sor of the legislation in the Senate, reform is bigger than any one Senator The law now states, for example, that Senator MCCAIN, withdrew his reform or any one political party. It is as big no one may contribute more than $1,000 amendment to the Interior appropria- as the idea of representative democ- per election to a candidate; no one may tions bill. We had 52 votes in favor of racy itself, and just as resilient. This is contribute more than $20,000 per year his amendment to include the McCain- a fight for the soul and the survival of to a political party; and corporations Feingold legislation in that bill. But our American democracy. This democ- and unions may not make federal cam- rather than allow the majority to pre- racy cannot survive without the con- paign contributions at all except vail, the Republican leadership sank fidence of the people in the legislative through a PAC. But the soft money the campaign finance reform effort. and the electoral process. The preva- loophole makes these limits meaning- And when Senator FEINGOLD announced lence—no—the dominance—of money less. For example, under the current his intention to offer the same amend- in our system of elections and our leg- system, a corporation, union or indi- ment again to force another vote, the islature will in the end cause them to vidual can give $1 million to a can- leadership chose to pull the Interior crumble. If we don’t take steps to clean didate’s party and have that party tele- bill from the Senate floor. And since up this system it ultimately will con- vise so-called issue ads in that can- the Interior appropriations bill was sume us along with our finest Amer- didate’s district during the election, pulled from the Senate floor in Sep- ican ideals. using an ad that is indistinguishable tember, there has been no must-pass Mr. President, there has been alot of from candidate ads which have to be bill on the Senate floor that supporters discussion on this floor in recent weeks paid for with regulated funds. That’s could seek to amend to forward the about morality. Indeed, we are now en- exactly what is happening. In the 1998 campaign finance reform effort. gaged in a process, both constitutional elections, for example, the Republican Instead the Interior bill, along with a and political, that may ultimately lead National Congressional Committee is number of other appropriations bills, to an impeachment trial in this his- conducting a $37 million advertising ef- have been folded into a so-called omni- toric chamber. Questions of morality fort dubbed ‘‘Operation Breakout’’ in bus appropriations bill. That means are at the center of that process, which which the party runs television ads in that anyone who wants to enact cam- has consumed much of the public’s and areas where there are close Congres- paign finance reform by amending the the press’s attention over the past sev- sional races, claiming that the ads dis- omnibus spending bill would be forced eral months. S12584 CONGRESSIONAL RECORD — SENATE October 14, 1998 I submit that questions of morality Republican Senators voted for the didates with advertisements that should be central in this body’s treat- McCain-Feingold bill. In the House, aren’t considered election ads and ment of the campaign finance issue. fully 1⁄4 of the Republican Members don’t even have to be reported to the Along with millions of other Ameri- voted for the bill. Senator MCCAIN and FEC because they don’t use certain cans, religious leaders from across a I recognized a long time ago that a par- ‘‘magic words’’ like Vote For or Vote wide spectrum of denominations have tisan campaign finance bill will never Against—and it’s totally legal. urged us to enact reform. They see how become law. A serious effort to actu- And we’re even starting to extort this corrupt system is undermining the ally do something about this problem, money from our own colleagues. It was moral authority of our government. Mr. President, has to be bipartisan. recently reported that Republican lead- How can we pretend to be following the It is significant, Mr. President, that ers actually threatened to deprive their dictates of conscience, and not politics, many of the leaders in this body on own Members of appropriations sub- as we prepare to judge the President, campaign finance reform were part of committee chairmanships if they while simultaneously ignoring this the Governmental Affairs Committee’s didn’t cough up up to $100,000 for the moral crisis in the process by which year long investigation of campaign fi- Operation Breakout plan. And it’s to- the people elect their representatives? nance abuses in the 1996 campaign. Not tally legal. There has also been a lot of discus- only the Chairman, Senator THOMPSON, There are some in this body, of sion about high crimes and misdemean- but two other highly respected Repub- course, despite what the Thompson in- ors. lican members of the committee, Sen- vestigation uncovered and what news I haven’t decided yet whether the ator COLLINS and Senator SPECTER, stories show on almost a daily basis, President’s misbehavior meets that supported the McCain-Feingold bill. who don’t see or won’t acknowledge high standard. Many of the American And Democratic members such as the the corrupting influence of these un- people seem skeptical. Senator GLENN, Senator LEVIN, and limited soft money contributions, But they do think it’s a crime that Senator DURBIN, have also been very which are now totally legal. In our the tobacco companies can use money active and outspoken in pushing for re- most recent debate, the junior Senator to block a bill to curtail teen smoking. form. These Senators saw—up close from Utah gave us a history lesson in- They do think it’s a crime that insur- and personal—how the excesses of the tended to convince us that we should ance companies can use money to 1996 campaign stem from problems not fear enormous campaign contribu- block desperately needed health care with the law, particularly the enor- tions. He recounted the frequently told reform. They do think it’s a crime that mous loophole known as soft money. story of how Sen. Eugene McCarthy’s telecommunication companies use I want to thank all of them for their Presidential campaign in 1968 was money and can force a bill through hard work on the investigation and on jump-started by some very large con- Congress that’s supposed to increase this legislation, and promise them that tributions by some very wealthy indi- competition and decrease prices, but their work shall not have been in vain. viduals. leads to cable rates that keep on rising It is unfortunate that the investigation He also noted that Steve Forbes was and rising. And they do think it’s a did not lead to legislative correction in apparently prepared to make similarly crime that corporations and unions are this Congress, but the factual record enormous contributions to support able to give unlimited soft money con- they amassed remains the most power- Jack Kemp in a run for the Presidency tributions to the political parties to ful and detailed argument for reform, in 1996, but was prohibited from doing advance their narrow special interests. and it will undoubtedly shape our ef- so by the federal election laws and so They think it’s a crime. And you forts in the future. decided to run his own campaign, a de- know what, it should be a crime. But There are plenty of scandals in this cision from which we might infer that here in Washington it is business as scandal-obsessed town—but when it the money is more important than the usual—until we manage to pass mean- comes to campaign finance, the great- candidate. And he recounted as well ingful campaign finance reform. est scandal of all is not about laws that the story of Mr. Arthur Hyatt, a Mr. President, it was very dis- were broken. The greatest campaign fi- wealthy businessman who gave large appointing to me that 48 of our col- nance scandal is about the outrageous soft money contributions to the Demo- leagues voted against the McCain-Fein- practices and compromising contribu- cratic Party in 1996, but decided after gold bill a few weeks ago, killing re- tions that are perfectly legal. Yes, that election not to give soft money to form for this year. It was especially those who broke the current campaign the parties anymore, and instead to disappointing that we were unable to finance laws should be punished, but fund an advocacy group that is promot- break through the filibuster here, after that will hardly begin to solve the ing public financing of elections. the enormous accomplishment of our problems in this corrupt campaign fi- The point of these examples was sup- colleagues in the other body who nance system. posed to be that wealthy donors are passed reform by a lopsided 252–179 We’ve heard the horror stories again motivated by ideology and the desire margin. and again. The parties have special to benefit the public as they see it It was especially disappointing that clubs for big givers and offer exclusive rather than by the desire to gain access all the votes to kill our bill in the Sen- meetings and weekend retreats with of- and influence with policy makers ate came from one party. Facing the ficeholders to the donors. And it’s to- through their contributions. And I sup- determined opposition of the leader- tally legal. pose that is sometimes the case. Of ship, reformers in the House succeeded The tobacco companies have funneled course, there is also the well known not only in bringing campaign finance nearly $17 million in soft money to the story of Roger Tamraz, who testified reform to the floor but in passing it national political parties in the last under oath to our Governmental Af- with a strong bipartisan majority. decade, $4.4 million in 1997 alone when fairs Committee that he never even When we failed to invoke cloture on the whole issue of congressional action votes, and the only reason that he gave the McCain-Feingold bill last month, on the tobacco settlement was very soft money to the DNC was to gain ac- we missed a golden opportunity to to- much alive—and it’s totally legal. cess to officials he thought could help gether do something positive for the In 1996, the gambling industry gave him with his business. I mean no dis- American people on a bipartisan basis. nearly $4 million in soft money to the respect to the Senator from Utah and I emphasized the strong bipartisan two major political parties at the same the civic-minded millionaires he cites, vote in the House, Mr. President, be- time that Congress was creating a new but Mr. Tamraz, I suspect, is more typ- cause this effort has been a bipartisan national commission on gambling, but ical in his motives, if not his methods, effort all along. The senior Senator with limited subpoena powers—and it’s of big contributors. from Arizona, Senator MCCAIN, and the totally legal. I’m not cynical, Mr. President. There Senior Senator from Tennessee and The National Republican Congres- is a reason that I hold that suspicion. Chairman of the Governmental Affairs sional Committee is engaged in a $37 And the reason is that the vast major- Committee, Senator THOMPSON, have million dollar effort called Operation ity of soft money contributions to our been in the forefront of this effort from Breakout, funded largely by soft political parties are coming from cor- the beginning. Five other distinguished money, to attack Democratic can- porate interests. And it simply cannot October 14, 1998 CONGRESSIONAL RECORD — SENATE S12585 be argued that these interests are act- As is always the case, corporations it have anything to do with the ongo- ing out of public spiritedness or ideo- with business before the Congress, not ing antitrust investigations and the logical conviction. Corporations do not disinterested, public-spirited million- possibility of congressional action in have an ideology, they have business aires, and certainly not ordinary citi- connection with those investigations? interests. They have a bottom line to zens, are leading the way in soft money Or is it that the industry suddenly be- defend, and they have learned over the giving in this cycle. Securities and in- came more public spirited than it was years that making contributions to the vestment companies and their execu- in the past? major political parties in this country tives have given $8.5 million, the insur- Mr. President, the American people is a very good investment in their bot- ance industry has given $7.3 million, are not gullible or naive. They know tom line. Campaign money buys access, the telecommunications industry $6.1 that these companies contribute these and access pays off at the bottom line. million, the real estate industry $5.9 enormous sums to the parties because Corporate interests are special inter- million, the pharmaceutical industry their bottom line is affected by what ests. Special interests have self-inter- $4 million, and the tobacco industry the Congress does and they want to ested motives. They are concerned with $3.9 million. All of these amounts are make sure the Congress will listen to profits, not what is best for other citi- at least double and in some cases triple them when they want to make their zens or consumers or the country as a the amount given in 1993–94. case. And they know that the big con- whole. They like to cast their argu- And one very interesting set of con- tributors get results. ments in terms of the public interest, tributors shows that access, not ideol- And frankly, Mr. President, it’s a two and they certainly will argue that if ogy, is the main reason for soft money way street. The parties are hitting up the Congress follows their advice on donations. Fifty-seven donors in the these donors because they know that legislation the public will be better off, first 18 months of this cycle gave more most companies, unlike Monsanto and but in the end it is their own busi- than $75,000 to both parties. 15 compa- General Motors who announced early nesses that they care about, not the nies, including Philip Morris, AT&T, in 1997 that they would no longer make public good. Indeed, the boards of di- Walt Disney Co., MCI, Bell South Cor- soft money donations—most companies rectors and management of corpora- poration, Atlantic Richfield and Archer don’t have the courage to say no. Most tions have a legal duty to act in the Daniels Midland gave more than companies are worried that if they best interests of their shareholders, not $150,000 to both parties. don’t ante up, their lobbyists won’t get the public at large. Now I suppose there might be some in the door. Our current campaign fi- And I have no problem with that, and in those companies, or even in this nance laws encourage old fashioned no illusions about it either. It’s OK body, who will argue that all of these shakedowns, as long as they are done with me that the corporate special in- ‘‘double-givers’’ just really want to discreetly. terests are looking out for number one help the political process. That they Faced with this kind of evidence, it is in the public debate, but I object when are motivated not by their bottom line beyond me how any Senator could sup- their deep pockets give them deep in- port this soft money system. We sim- but by a deep desire to assist the par- fluence that ordinary Americans don’t ply must pass comprehensive reform, ties in serving the public. But if that is have. including a ban on soft money at the the case, why is that in every Congress Take the tobacco companies. They beginning of the next Congress, and we since I have been here the industries oppose increasing the taxes paid by must make that ban effective imme- most seriously affected by our work consumers of their products, they pro- diately to prevent the presidential pony up to give huge contributions to mote putting caps on the damages that election in the Year 2000 from being smokers and their families can be us and to the political parties? In 1993–94 it was the health care de- contaminated with this corrosive and awarded in personal injury or wrongful corruptive force. The consequences of bate. Hospitals, insurance companies, death actions, but they oppose ending failing to make these reforms will be drug companies, and doctors all opened government subsidies for tobacco farm- devastating to the confidence of aver- their wallets in an unprecedented way. ers. In each case, they say they are age citizens in the fairness and impar- Then in 1995 and 1996, the Tele- supporting the public interest, but in tiality of the legislative process and communications Act was under consid- the end they are protecting their own the actions of a future Chief Executive. bottom line. And they have invested eration and lo and behold the local and Let me be clear Mr. President, I’m heavily in this Congress, and in our po- long distance companies and the cable not suggesting that any individual litical parties, millions upon millions companies stepped up their giving. Now Member of Congress is corrupt. I don’t of dollars to protect their bottom line. in this Congress, we’ve been working know that any Member of this body These are the folks who raised their on bankruptcy reform and financial has ever traded a vote for a contribu- right hands and swore that tobacco was services modernization, and the biggest tion. But while Members are not cor- not addictive. These are the companies givers of all in this cycle according to rupt, the system is riddled with corrup- that concealed crucial studies on the Common Cause’s research report are tion. It is only human to help those dangers of their product for years. securities and investment companies, who have helped you get elected or re- These are the people who spent mil- insurance companies, and banks and elected, to agree to the meeting, to lions on a misleading advertising cam- lenders, eager to have their business take the phone call, to allow the oppor- paign to kill the most important public interests protected or expanded. What’s tunity to be persuaded by those who health initiative that the Congress going on here? I submit that it’s not a have given money. It is true of the par- considered this year because it threat- spontaneous burst of civic virtue. And ties, and it is true of the Members, ened their economic health. I’m not if we don’t finish work on these bills even those who seek always to cast willing to rely on them to look out for this year, you can bet that the money their votes on the merits. The result is the public interest, particularly when will be there for us in the Congress as that people who don’t have money the voices of opposing views can hardly well—it has been suggested that some- don’t get heard. be heard because they don’t have a lot times the very members of Congress So we don’t need to point fingers at of money. who most want a big bill to pass will one another, we just have to rise above Most soft money donors are using slow its progress to keep the checks politics and do the right thing by the their contributions like Roger Tamraz coming in and the money flowing that American people. We must clean up our and the tobacco companies do. That is much longer. own house, Mr. President. We cannot borne out by a recent study by Com- Mr. President, not surprisingly, continue to ignore the corruption in mon Cause of the major soft money do- there’s also a powerful new player in our midst, the cancer that is eating the nors so far in this election cycle. The the soft money game in this Congress— heart out of the great American com- political parties have already raised the computer and electronics industry. pact of trust and faith between the peo- over $116 million in soft money in this According to Common Cause, these ple and their elected representatives. cycle, the most ever in a non-presi- companies have given the parties near- We know that unlimited soft money dential cycle and more than twice the ly $2.7 million so far, more than twice contributions make a mockery of our amount given in a similar 18 month pe- as much as they gave four years ago. election laws and threatens the fair- riod in the 1993–94 cycle. And why is that, Mr. President? Could ness of the legislative process. We S12586 CONGRESSIONAL RECORD — SENATE October 14, 1998 know that phony issue ads paid for man, educator, and philanthropist, and land Press Herald, Providence Journal, with unlimited corporate and union he gained diplomatic experience as a Riverside (Ca.) Press-Enterprise, Rocky funds undermine the ability of citizens member of the U.S. delegation to the Mountain News, San Diego Union-Trib- to understand who is bankrolling the 51st U.N. Human Rights Commission in une, San Francisco Chronicle, San candidates and why. We can find bipar- Geneva in 1995 and as a member of the Francisco Examiner, Santa Rosa (Ca.) tisan solutions to these problems that U.S. delegation to the 51st U.N. Gen- Press Democrat, Seattle Post-Intel- protect legitimate First Amendment eral Assembly in 1997. He was even con- ligencer, Springfield (Ill.) Journal-Reg- rights if we are willing to put partisan firmed unanimously by this very Sen- ister, St. Louis Post-Dispatch, St. Pe- political advantage aside and sit down ate for the latter post on May 23, 1997. tersburg Times, Syracuse Post-Stand- and work it out. He has been an upstanding civic lead- ard, Tulsa World, Washington Post, Senator MCCAIN and I are ready—we er in San Francisco, and he has been and York (Pa.) Daily Record. have been ready ever since we intro- honored for his work by organizations Many of these newspapers have also duced our bill—to make changes to our too numerous to mention. He is a man run op-ed columns which call for a vote bill that will bring new supporters on who is kind to all he meets, generous on the nomination, as have the: Ari- board and get us past the 60 vote beyond measure, and deeply committed zona Republic, Buffalo News, Columbus threshold that the Senate rules have to making the world and his commu- Dispatch, Dallas Morning News, Denver placed in our way, so long as we stay nity a better place to live for all peo- Post, Des Moines Register, Detroit true to the goal of a cleaner, fairer, ple. He is a devoted father of five grown News, Fort Lauderdale Sun-Sentinel, system in which money will no longer children, and grandfather of 13. Anyone Greensboro News & Record, Madison dominate. who knows him, as I have been privi- Capital Times, Memphis Commercial I look forward to continuing this leged to do for over two decades, knows Appeal, Northern New Jersey Record, work next year Mr. President. And I that he is a man of decency and honor, Raleigh News & Observer, Salt Lake am confident that we will succeed. and the type of person who should be City Tribune, and USA Today. Again, I want to thank Senator MCCAIN encouraged to be in public service. I deeply regret that the Senate has and all the Republicans who joined our So this is the situation we face: we not been permitted to have its say on bill this year. And of course, Senator have a nominee with outstanding tal- this eminently qualified nominee sole- DASCHLE and all the Democratic Sen- ents and credentials; he was previously ly because he is gay. But the Senate’s ators who have so steadfastly sup- confirmed by this Senate for another failure to act need not prevent Mr. ported bipartisan reform in this Con- post; he was approved by the Foreign Hormel from assuming his post. In a gress. Relations Committee by a 16–2 vote case such as this, where the Senate has Mr. President, most important legis- nearly a year ago; and over 60 Senators so clearly failed to fulfill its Constitu- lative accomplishments take more support bringing his nomination to a tional obligation with respect to a than one Congress to enact. Rome was vote. And yet, we have never had the nomination, even though a clear ma- not built in a day, and campaign fi- opportunity to vote on it. jority of the Senate supports that nom- nance reform obviously could not be Why? Because several Senators on ination, I believe it is entirely appro- enacted in a year. But I believe that the other side of the aisle have placed priate for the President to use his Con- early in the next Congress there will be holds on the nomination, preventing a stitutional authority to make a recess a real chance to deal with the cam- debate and a vote they knew they appointment. Luxembourg is a NATO ally, and we paign finance issue in a bipartisan would lose. And the Majority Leader need an ambassador there. Mr. Hormel fashion to make the election in the has refused to call up the nomination, effectively allowing the passage of has every qualification necessary to be Year 2000 cleaner and fairer than the an outstanding ambassador, and he one we just had or the one we are about time to kill it. Why has Mr. Hormel been denied the would have been overwhelmingly con- to have. The American people deserve firmed if the Senate had been allowed that as we enter a new century, and Constitutionally delineated due proc- ess of a Senate debate and vote? The to vote. But we were not. I, therefore, here is a promise: I will never, ever, urge President Clinton, after Congress give up this fight until we give it to answer is simple: Mr. Hormel is gay. With no other reasonable grounds to adjourns, to make a recess appoint- them. ment of James Hormel to be U.S. Am- f block this nomination, one can come to no other conclusion than that some bassador to Luxembourg. It is the right THE NOMINATION OF JAMES C. Senators are simply opposed to a gay thing to do, and it will give the coun- HORMEL man serving our country as a U.S. Am- try the benefit of the service of James Hormel, which the Senate has failed to Mrs. FEINSTEIN. Mr. President, as bassador. I believe the Senate does not do. want to allow this type of discrimina- the 105th Congress draws to a close, I Mr. President, because the Senate rise to express my disappointment over tion to prevail, and I think the vast has not had the opportunity to debate something we did not do. The Senate, majority of my colleagues agree. But this nomination, I ask unanimous con- despite strong support from both sides so far, it appears that discrimination sent to place in the RECORD some of the of the aisle, has not brought the nomi- has prevailed. materials I would have used in the I believe the majority of Americans nation of James C. Hormel to serve as course of that debate, including some agree with this position as well. To cite U.S. Ambassador to Luxembourg to the of the notable editorials, op-ed pieces, just one measure, newspaper editorials floor, has not had a debate on the nom- and letters of support that have come have appeared in support of Mr. ination, and has not had a vote on it. to my attention. This failure is really quite incompre- Hormel’s nomination across the coun- There being no objection, the mate- hensible. try, including in the: Albany Times rial was ordered to be printed in the The President nominated James Union, Albuquerque Journal, Arkansas RECORD, as follows: Hormel for this post on October 6, 1997. Democrat-Gazette, Atlanta Journal & [From the Los Angeles Times, July 22, 1998] After a thorough review by the Senate Constitution, Boston Globe, Charleston GAME’S NOT OVER FOR HORMEL (W.Va.) Gazette, Chicago Tribune, Cin- Foreign Relations Committee, the Even though this hasn’t been a notably committee approved the nomination by cinnati Post, Cleveland Plain Dealer, busy or productive year for the U.S. Senate, a vote of 16–2 and reported it to the full Detroit Free Press, Evansville Courier, Majority Leader Trent Lott has decided that Senate with the recommendation that Fort Worth Star-Telegram, Hartford there simply is no time available to vote on it be confirmed. And yet here it is, Oc- Courant, Houston Chronicle, Los Ange- the nomination of James Hormel as ambas- tober 14, 1998, in the final hours of this les Times, Louisville (Ky.) Courier- sador to Luxembourg. Never mind that Congress, and the nomination has not Journal, Minneapolis-St. Paul Star- Hormel’s confirmation has been pending Tribune, Newark (N.J.) Star-Ledger, since last fall, that hearings on his fitness budged from the Executive Calendar. have long since been completed or that Lott Mr. Hormel is eminently qualified for New Orleans Times Picayune, New early on declared his unshakable belief that the job of U.S. Ambassador to Luxem- York Daily News, New York Times, Pe- Hormel should not represent his country bourg. He has had a diverse and distin- oria Journal-Star, Philadelphia In- abroad because he is a homosexual. The ex- guished career as a lawyer, business- quirer, Pittsburgh Post-Gazette, Port- cuse du jour is that the Senate calendar is October 14, 1998 CONGRESSIONAL RECORD — SENATE S12587 too crowded to permit a confirmation vote. cause of his sexual nature. If the right to television interview that he thought homo- So Lott and a handful of others of like mind earn a living and contribute to one’s country sexuality was a sin. He likened it to alcohol- will have denied the Senate its constitu- is a ‘‘special right,’’ it is a special right that ism, kleptornania and ‘‘sex addiction.’’ The tional responsibility to advise and consent to must be available to all Americans. next day, Dick Armey, the House majority this nomination. leader, said he thought it was a sin too, and That’s not the end of the story, however. [From the Philadelphia Inquirer, June 23, cited some Bible scripture to the effect that The Constitution also empowers the presi- 1998] neither fornicators, nor adulterers, ‘‘nor ef- dent to fill vacancies when Congress is in re- HOLD THAT HOMOPHOBIA feminate, nor abusers of themselves with mankind’’ shall inherit the kingdom of God. cess. Congress is rushing toward recess now, Maybe Don Nickles, the second-ranking Finally, in a letter to Mr. Lott made public its members eager to campaign for the No- Republican in the Senate, thinks he’s Don vember elections. Once it has adjourned, on Thursday, Senator Alfonse D’Amato of Rickles, the insult-comedian? That might new York broke the silence of his fellow Re- President Clinton can name Hormel to the explain his screed Sunday against a gay busi- Luxembourg post. He is qualified, he is ac- publicans to say that it was wrong to block nessman nominated to be an ambassador. Hormel’s nomination simply because he is ceptable to the host government and his sex- Alas, Mr. Nickles and other die-hard oppo- ual orientation is utterly irrelevant. gay. ‘‘I am embarrassed,’’ he said. Senator nents of sending James Hormel to Luxem- Dianne Feinstein of California has said she That’s the way most senators feel, as Lott bourg are slinging their insults in dead ear- well knows. Had the Senate leader allowed a believes more than 60 senators support Mr. nest. Hormel. Mr. Lott should let the nomination floor vote, Hormel would easily have been They say it’s not simply that this would-be confirmed. Instead Lott used his powers to go to the floor, so Mr. Hormel. can be judged diplomat is gay; it’s that he’s out of the clos- on his merit. prevent a vote, meanwhile taking to the air- et. Mr. Hormel, a wealthy San Franciscan, waves to give his opinion that homosexual- has given tons of money to various causes [From the Washington Post, May 12, 1998] ity is a treatable condition, as he put it, like and institutions, including Swarthmore Col- QUALIFIED TO SERVE alcoholism or kleptomania. In other words, lege. But his foes fulminate about his dona- anyone who makes the effort can surmount tions to ‘‘a gay and lesbian center’’ at San Senate Majority Leader Trent Lott, re- fuses to let the Senate vote on President it. That notion may play well in some cir- Francisco’s main library. cles. It hardly elevates the reputation of the ‘‘One might have that lifestyle,’’ said Mr. Clinton’s nominee to be ambassador to Lux- Senate. Nickles, ‘‘but if one promotes it as accept- embourg. Four of Mr. Lott’s fellow Repub- In a few weeks the Senate will recess. able behavior . . . I don’t think they [sic] licans have objected to would-be ambassador James Hormel because, they say, of his sup- There’s no reason why Hormel shouldn’t be should be representative of this country.’’ presenting his credentials in Luxembourg Never mind that Mr. Hormel’s public serv- port for gay rights. But many other Clinton not long after. ice includes stints at the U.N. Human Rights appointees have shared Mr. Hormel’s views Commission and General Assembly. on that matter. The real problem seems to [From the Atlanta Constitution, July 2, 1998] Never mind that his nomination has been be that Mr. Hormel is himself openly gay. Mr. Hormel, 65, is a longtime supporter of SENATE DISCRIMINATES AGAINST GAYS endorsed by Republicans such as former Sec- the Democratic Party, and you could cer- retary of State George Shulz and Senate Ju- When gay Americans have sought protec- tainly make a case that more career dip- diciary Committee Chairman Orrin Hatch. tion against being fired from jobs or being lomats and fewer political contributors Never mind that his defenders, including denied employment solely because of their should get ambassadorial posts. But as polit- the executive director of the American Li- sexual orientation, they have been slapped ical nominations go, Mr. Hormel is, accord- brary Association, argue that libraries ought with the charge that they are seeking ‘‘spe- ing to wide bipartisan consensus, unusually to include a breadth of materials. cial rights.’’ well qualified. A lawyer and businessman For months now, his nomination has been The implication of the term, ‘‘special from San Francisco, Mr. Hormel has been a in limbo because a few senators invoke their rights,’’ has been that gay Americans don’t longtime and effective supporter of many informal power to put an indefinite ‘‘hold’’ really need job protection, that they seek charitable causes. George Shultz, former sec- on it. If homophobes want to oppose Mr. some sort of exalted legal status above and retary of state, says Mr. Hormel ‘‘would be a Hormel, even though Luxembourg has ex- beyond that enjoyed by other Americans. wonderful representative for our country.’’ That doesn’t make much sense to gay Ameri- pressed its approval, let ’em. But his future The senators who object—Tim Hutchinson cans, for whom job discrimination is very should be decided by the full Senate, not X’d of Arkansas, James Inhofe of Oklahoma, real, but it has nonetheless become the out by a tiny minority. Robert Smith of New Hampshire and a standard line for politicians in rejecting gay- fourth who remains anonymous—say they rights legislation. [From the New York Times, June 22, 1998] fear he would use his ambassadorship to ad- The example of businessman James LET THEM VOTE ON MR. HORMEL vance a gay rights agenda. How that might Hormel has exposed the hypocrisy of that ar- James Hormel, President Clinton’s nomi- come about in Luxembourg is hard to see; in gument. President Clinton has nominated nee to be ambassador to Luxembourg, is op- any case, Mr. Hormel has made clear that he Hormel to be U.S. ambassador to Luxem- posed by a small group of Republican sen- would use his post to promote U.S. policy, bourg, a largely honorary role that requires ators who are looking smaller all the time. and U.S. policy only. confirmation by the U.S. Senate. But a vote It is not Mr. Hormel’s credentials that are in Mr. Hormel’s nomination sailed through on Hormel’s nomination has been blocked by question. An heir to the Hormel Meat-pack- the Senate Foreign Relations Committee a small minority of U.S. senators for one ing fortune, a former dean of the University last fall. Now he deserves a vote in the full very obvious and silly reason: He is gay, and of Chicago Law School, he has given leader- Senate. Those senators who don’t believe a they don’t like gay people. ship and money to causes that range from gay person should represent the United It’s a situation rich in irony. Most of those the San Francisco Symphony to Swarthmore States overseas would be able to vote no. opposing Hormel have no doubt cited the College and the Human Rights Campaign, Those who believe the United States should ‘‘special rights’’ argument in the past, deny- the main political lobby for homosexual welcome to public service its most qualified ing that gay Americans need protection. rights. citizens regardless of race, religion, gender, Now here they are, in a very public setting, Mr. Hormel is gay, but that is not an issue ethnic background or sexual orientation, committing a form of discrimination that in Luxembourg. As Alphonse Berns, would be able to vote yes. We believe a ma- supposedly does not exist. Luxembourg’s Ambassador to the United jority of the Senate inclines toward the lat- For that reason, the Hormel nomination States, said on Friday, ‘‘We would welcome ter view. As Republican Sen. Orrin Hatch already has served a great public benefit. It Mr. Hormel.’’ But for months, Senators said in support of Mr. Hormel’s nomination, has stripped away the code phrases and the James Inhofe of Oklahoma, Tim Hutchinson ‘‘I just don’t believe in prejudice against any weasel words that certain politicians have of Arkansas and Robert Smith of New Hamp- individual, regardless.’’ used to communicate their message of hate shire have been blocking a vote on the nomi- to one crowd while maintaining the pretense nation, making dark suggestions about Mr. [From the Arkansas Democrat-Gazette] of tolerance for others. It has ripped away Hormel’s gay-rights ‘‘agenda,’’ as if he might STRANGE DIPLOMACY—SENATOR HUTCHINSON, the mask exposing the hate that has always somehow seek to lead the moral standards of MEET MR. HORMEL hidden behind that term ‘‘special rights.’’ Luxembourg array. Any day now Tim Hutchinson is to meet Here is a good man, a person of great ac- Discrimination against people on the basis with James Hormel. Mr. Hutchinson, you complishment and civic contributions, de- of their sexual orientation is outlawed in may have noticed, is the junior senator from nied the chance to represent his country Luxembourg and in all the other countries in Arkansas, and Mr. Hormel is the ambas- simply because he is gay. And the wellspring the European Union. It is illegal in San sador-designate to Luxembourg whose ap- of that bias and hate, the agency denying Francisco, where Mr. Hormel lives, and in pointment Senator Hutchinson has been him a job because of his sexual orientation, Washington—except in such place as Con- holding up. is the U.S. Senate. gress, where the Republican leadership has We thought better of Tim Hutchinson. It’s That is shameful. made a fetish of it lately. one thing to block an ambassadorial nomina- No American should be denied the oppor- Last week, Trent Lott, the Senate major- tion when policy is the issue. That’s what tunity to contribute to his country, or more ity leader, who has refused to bring the Jesse Helms did when William Weld, then fundamentally, to simply earn a living, be- Hormel nomination up for a vote, said in a governor of Massachusetts, was nominated S12588 CONGRESSIONAL RECORD — SENATE October 14, 1998

as ambassador to Mexico. The irrepressible Kleptomaniacs! The Hormel nomination SAN FRANCISCO, CA, February 6, 1998. senator from North Carolina reasoned that has brought anti-gay sentiment among GOP Senator TRENT LOTT, the drug trade was going to be a major issue leaders out of the closet—and it is an ugly U.S. Capitol, between the United States and Mexico, and sight. Recent comments by Lott, Foreign Washington, DC. that made Mr. Weld’s position on legalizing Relations Chairman Jesse Helms (‘‘it’s sick- DEAR TRENT: We are writing on behalf of marijuana fair game. ening’’) and Senate Whip Don Nickles (‘‘im- James Hormel, a candidate for the post of But now Senator Hutchinson has put ahold moral behavior’’) may appear unenlightened Ambassador to Luxembourg. We know him on the nomination of James Hormel—scion and ignorant, but politicians, like the rest of as a highly regarded individual in the City of of the Spam-making family—as ambassador us, are entitled to their bigotries. San Francisco. His community service and to Luxembourg. The senator says he’s con- Through their actions as lawmakers, how- philanthropy are extraordinary. He gives cerned about the ‘‘activism’’ of Mr. Hormel ever, politicians should not be entitled to time and personal effort as well as resources in pushing rights for homosexuals. impose such bigotries—or religious or moral to improve the quality of life in our commu- Funny, we don’t remember homosexuality convictions, if you prefer—about matters of nity. being a major issue between the United personal behavior on the rest of us. We recommend him to you because we be- States and Luxembourg. Nor does Luxem- In general, while Americans don’t approve lieve he would be a wonderful representative bourg seem to offer much of a platform for of homosexuality, they are very tolerant of for our country. We hope that his nomina- espousing any political agenda. Luxembourg it—and getting more so. For example, 52 per- tion can be brought to the floor of the Sen- is by all accounts a lovely country about the cent of respondents to a Gallup poll last year ate for a vote as soon as possible size of Rhode Island, and one not likely to be said homosexuality was ‘‘not an acceptable Sincerely, confused with a great power. alternative lifestyle’’—a figure essentially Tim Hutchinson says he plans to find out CHARLOTTE M. SHULTZ. unchanged from 1982. But 84 percent (up from GEORGE P. SHULTZ. more for himself about the nominee’s back- 59 percent 16 years ago) said homosexuals ground. When he does he’ll learn that James ‘‘should have equal rights in terms of job op- Hormel has many qualifications as rep- portunities.’’ Gallup says that ‘‘solid majori- D’AMATO URGES MAJORITY LEADER LOTT TO resentative of this country. ties’’ favor gays as elementary school teach- SCHEDULE VOTE ON NOMINATION OF JAMES * * * * * ers (up from 27 percent in 1977) and clergy HORMEL Not only all that, but James Hormel al- (up from 36 percent). WASHINGTON—U.S. Senator Alfonse M. ready has a diplomatic background of sorts: What’s truly disturbing about the Hormel D’Amato (R–NY) today called on Senate Ma- He was a delegate to the United Nations affair is that it shows how conservatives, jority Leader Trent Lott (R–MS) to permit Human Rights Commission’s meeting in Ge- who claim to favor a smaller, less intrusive an up or down vote on the nomination of neva in 1995, and he was an alternate in this government, can’t resist using it to impose James Hormel to serve as U.S. Ambassador country’s delegation to the UN General As- their own moral views on the public. to Luxembourg. Text of Senator D’Amato’s sembly this year. Frederich von Hayek, the Nobel Prize-win- letter follows: That last position required confirmation ning economist and a patron saint to many DEAR MAJORITY LEADER: I urge you to per- by the Senate. Mr. Hormel’s ‘‘activism’’ conservatives, identified this propensity in a mit an up or down vote on the nomination of wasn’t an issue for Senator Hutchinson when famous essay in 1960. ‘‘In general,’’ he wrote, Mr. James Hormel to serve as United States that vote came up. ‘‘it can probably be said that the conserv- Ambassador to Luxembourg. I support pro- When it comes down to it and ambassador- ative does not object to coercion or arbitrary ceeding to a vote for three basic reasons. ship to a small friendly country requires lit- power so long as it is used for what he re- tle more than an ability to throw good par- gards as right purposes. . . . Like the social- First, Mr. Hormel is a highly qualified ties. What’s our junior senator worried ist, he regards himself as entitled to force nominee. His academic, business, and com- about—that James Hormel will serve Spam the values he holds on other people.’’ munity service credentials are outstanding at diplomatic receptions? That he’ll re-deco- At a conference on homosexuality at and are easily equal to or greater than those rate the ambassador’s residence in lavender? Georgetown University, Bill Kristol, a con- of most ambassadorial nominees. I know of Come On, senator. Wake up and grow up. servative intellectual leader and editor of no statements or actions by Mr. Hormel that Senators have more realistic problems to the Weekly Standard, complained about ‘‘a make him unfit to represent our country in worry about. Or should have Senator denial of the public’s right to uphold moral this diplomatic post. Furthermore, he clear- Hutchinson’s objections to Mr. Hormel are standards.’’ But he, too, misses the key dis- ly understands that his own personal phi- enough to make that clunky, over-worked tinction: No one is denying the right of indi- losophies, whatever they may be, are not to word Homophobis all too relevant. viduals and groups to campaign against im- influence his ambassadorial duties. He is Orrin Hatch, the senator from Utah, said it morality as they see it. But public officials, completely committed to representing the plain when he urged his colleagues to lift in the discharge of their duties are some- policies of the United States government. Tim Hutchinson’s embarrassing hold on this thing else. Judgments about truly personal Second, simple fairness demands that the nomination. ‘‘We ought to vote on him,’’ behavior are not their province. Senate be allowed to vote on Mr. Hormel’s Senator Hatch said of the nominee, ‘‘and I Some of Hormel’s foes claim they are nomination. The Foreign Relations Commit- personally believe he would pass and he’d be- against him not because he’s gay but because tee overwhelmingly approved the nomina- come the next ambassador to Luxembourg. I he’s a vigorous proselytizer for gay causes. tion, and a majority of Senators are on just don’t believe in prejudice against any ‘‘He has promoted that lifestyle and pro- record supporting the nomination. Oppo- individual and, frankly, we have far too moted it in a big way, in a way that is very nents of the nominee should certainly have much of that.’’ to quote Orrin Hatch. ‘‘I get offensive,’’ said Nickles. their voices heard, but so too should support- tired of that kind of stuff.’’ So do we. But this is a meaningless distinction. Gays ers. And Mr. Hormel should also be given the are denied jobs because of their sexual ori- chance to defend himself. This can only hap- [From the Washington Post, July 7, 1998] entation. Why shouldn’t Hormel campaign to pen if the Senate is permitted to vote. A VOTE FOR HORMEL change that situation? Lott and Nickles Third, and most fundamentally, I fear that (By James K. Glassman) sound like a couple of 1950s southern seg- Mr. Hormel’s nomination is being obstructed Luxembourg is a nation of 400,000 souls in regationists: ‘‘It’s not that we’re against for one reason, and one reason only, the fact the middle of Europe. It’s smaller than Jack- nigras. It’s that we’re against them march- that he is gay. In this day and age, when peo- sonville, Fla., but it’s the focus of a big con- ing for their so-called rights.’’ ple ably serve our country in so many capac- troversy in Washington. Back in October, One reason the American system works so ities without regard to sexual orientation, President Clinton picked James C. Hormel of well is that, in Hayek’s words, ‘‘we agree to for the United States Senate to deny an ap- San Francisco, an investor and philan- tolerate much that we dislike.’’ It’s that pointment on that basis is simply wrong. thropist, to be U.S. ambassador to Luxem- agreement ‘‘that makes it possible to build a What’s more, on a personal level, I am em- bourg. The next month, he was approved by peaceful society with a minimum of force.’’ barrassed that our Republican Party, the the Senate Foreign Relations Committee, 16– When we abandon tolerance, the trouble Party of Lincoln, is seen to be the force be- 2. But it is unlikely that the ‘‘Spam heir,’’ as begins. It’s bad enough on college campuses, hind this injustice. the local newspapers call him, will ever be- where rules against ‘‘offensive speech’’ are I know that you join me in standing for the come our envoy to the Grand Duchy. used to stifle ideas unpopular to the left and, proposition that all people should be judged Trent Lott, the Senate Majority Leader, of course, to hypersensitive gays. But when on their ability to do the job. By that sole refuses to put the matter to a vote. Hormel it comes to government, which wields the standard, Mr. Hormel is well qualified to be is gay, and Lott considers homosexuality a power to tax and imprison, tolerance is an Ambassador to Luxembourg. I urge you to sin. In an interview on ‘‘The Armstrong Wil- absolute necessity. permit a Senate vote on the nomination, and liams Show,’’ Lott elaborated: ‘‘You should As far as our international relations are to join me in opposing those who would deny still love that person. You should not try to concerned, it makes no difference at all Mr. Hormel this position because of his sex- mistreat them or treat them as outcasts. whether Hormel becomes an ambassador. As ual orientation. You should try to show them a way to deal far as the preservation of our freedoms and Sincerely, with that problem, just like alcohol . . . or proper role of our government are concerned, ALFONSE M. D’AMATO, sex addiction . . . or kleptomaniacs.’’ it makes a big difference indeed. U.S. Senator. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12589 CATHOLIC CHARITIES, This provision is, in part, the result and House, Title 18 of the United San Francisco, CA, July 22, 1998. of discussions by the various interested States Code, Section 2252 and 2252A Hon. TRENT LOTT, parties. As a result of those discus- permitted prosecution for possession of U.S. Senate Majority Leader, U.S. Senate, sions, a number of modifications were child pornography only when it could Washington, DC. DEAR SENATOR LOTT: Please accept this made to the original package of lands be alleged that an individual possessed letter in my capacity as the Chief Executive offered for exchange. three or more pictures or images of Officer of Catholic Charities of the Arch- Mr. President, it is past time to move child pornography. When the original diocese of San Francisco and the immediate forward with this exchange. Senate substitute to H.R. 3494 was re- past President of Catholic Charities of Cali- Another section of this bill I wanted ported out of the Judiciary Committee, fornia. It has been alleged that James to comment on is a provision that was no agreement had been reached on Hormel, President Clinton’s nominee to be not included in the technical amend- amending the federal child pornog- Ambassador to Luxembourg, is anti-Catholic ments I introduced but that was added and anti-religious. I know the characteriza- raphy laws to prohibit the possession tions of Mr. Hormel are not true. I know per- in the House. of even one picture or image of child sonally that Mr. Hormel vigorously opposes Section 12 of this bill expressly au- pornography. discrimination in all forms including that of thorizes and confirms the original in- Thanks to the diligent efforts of Sen- religion. tent of ANCSA in 1971: that ANCSA ators LEAHY, DEWINE, and SESSIONS, we I urge you to allow Mr. Hormel’s nomina- corporations could provide health, edu- were able to reach agreement on that tion to come before the full Senate for he cation and welfare benefits for Alaska issue. The final bill makes it clear that would be an excellent representative for the Natives, including those persons who United States to the predominantly Catholic the United States has ‘‘Zero Toler- were their shareholders. ance’’ for the possession of any child country of Luxembourg. This provision is necessary because Sincerely, pornography. Unfortunately, Senators one recent Alaska Supreme Court case FRANK C. HUDSON, LEAHY, DEWINE, and SESSIONS were in- has concluded that an ANCSA corpora- Chief Executive Officer. advertently omitted from the list of tion had liability to its shareholders f cosponsors of Senate amendment 3812 under Alaska state law for a cash pay- to H.R. 3494, which incorporated that ALASKA NATIVE CLAIMS ment benefits program. The program at agreement. The RECORD should be cor- SETTLEMENT ACT AMENDMENTS issue in that case was limited to the rected to reflect their work on, and co- Mr. MURKOWSKI. I rise to speak in persons reached a certain age. Given sponsorship of, this important amend- support of the passage of H.R. 2000, a the narrowness of this program, it was ment. bill to amend the Alaska Native Claims not consistent with the intent of Settlement Act to make certain clari- ANCSA. Section 12 of this bill is not in- f fications to the land bank protection tended to alter the result in that case, MISPRINT OF THE STATEMENT OF provisions, and for other purposes, and or otherwise, with regard to that spe- MANAGERS OF S. 1260 I hope it will be sent on its way to the cific benefit program. Mr. SARBANES. Mr. President, I rise However, in reaching its decision President for his signature. to address a question to the chairman A measure similar to H.R. 2000 was under Alaska state law, the court used of the Banking Committee, Senator passed by the Senate Energy and Natu- language which suggests that any D’AMATO: it is my understanding that ral Resources Committee on September ANCSA corporate benefits program the joint explanatory statement of the 24, of last year. S. 967 contained the which does not provide equal pro rata committee of conference on S. 1260, as majority of the provisions in H.R. 2000. benefits to all shareholders simulta- One of the most important provisions neously is invalid. Such a conclusion printed by the Government Printing in H.R. 2000 is section 6 which imple- goes too far and is inconsistent with Office in Report 105–803, and as it ap- ments a land exchange with the Calista the intent behind ANCSA. peared in the CONGRESSIONAL RECORD Corporation, an Alaska Native regional Thus, section 12 of this bill is in- for Friday, October 9, 1998, contained corporation organized under the au- tended to make clear that in evaluat- an error and was incomplete. Is that thority of the Alaska Native Claims ing the legality of health, education the Senator’s understanding? Settlement Act. This exchange, origi- and welfare programs maintained by Mr. D’AMATO. Yes, my colleague nally authorized in 1991, by P.L. 102– ANCSA corporations, federal law from Maryland, the ranking Democrat 172, would provide for the United (ANCSA) is to preempt Alaska state on the Banking Committee is correct. States to acquire more than 200,000 law. Such programs have been estab- Due to a clerical error, the joint ex- acres of Calista and village corporation lished in good faith to provide health, planatory statement of the committee lands and interests in lands within the education and/or welfare benefits for of conference on S. 1260, was printed Yukon Delta National Wildlife Refuge the ANCSA corporations’ shareholders without the final page. This page con- in southwestern Alaska. or their family members. tained some essential explanatory in- The Refuge serves as an important To be valid under ANCSA, it is not formation regarding the 1995 Securities habitat and as a breeding and nesting necessary that benefits be provided on Litigation Reform Act regarding ground for a variety of fish and wild- an equal pro rata basis simultaneously scienter standards. Unfortunately, this life, including numerous species of mi- to all shareholders, or even that the same clerical error occurred in the ver- gratory birds and waterfowl. As a re- program recipients be shareholders as sion of the report language that ap- sult, the Calista exchange will enhance long as they are family members of peared in the House RECORD at H10270. the conservation and protection of shareholders. The official version of the joint explan- these vital habitats and thereby fur- Examples of the type of programs au- atory statement was filed in the Sen- ther the purpose of ANCSA and the thorized include: scholarships, cultural ate on October 9th and did contain the Alaska National Interest Lands Con- activities, shareholder employment op- page that was omitted by the GPO and servation Act. portunities and related financial assist- the CONGRESSIONAL RECORD for October In addition to conservation benefits, ance, funeral benefits, meals for the el- 9th. this exchange will also render much derly and other elders benefits includ- In order to clarify this situation, I needed economic benefit to the Yupik ing cash payments, and medical pro- ask for unanimous consent that the Eskimo people of southwestern Alaska. grams. text of the explanatory statement be The Calista region is burdened by some I believe these programs represent an reprinted in its entirety. of the harshest economic and social important part of the ANCSA corpora- Mr. SARBANES. Is it the further un- conditions in the Nation. As a result of tions, and I hope they will continue derstanding of the Chairman of the this exchange, the Calista Corporation long into the future. Banking Committee that page H10775 will be better able to make the kind of f of the CONGRESSIONAL RECORD for Octo- investments that will improve the re- ber 13, 1998 contains a printing error? gion’s economy and the lives of the REVISION OF RECORD Mr. D’AMATO. The Senator from Yupik people. In this regard, this pro- CONCERNING AMENDMENT NO. 3812 Maryland is correct. The Joint Explan- vision furthers and carries out the un- Mr. HATCH. Mr. President, prior to atory Statement of the committee of derlying purposes of ANCSA. the passage of H.R. 3494 by the Senate conference begins on page H10774 of the S12590 CONGRESSIONAL RECORD — SENATE October 14, 1998

CONGRESSIONAL RECORD for October 13, or Commission) for Fiscal Year 1999. This The solution to this problem is to make 1998 and concludes on page H10775 title also includes authority for the SEC to Federal court the exclusive venue for most where the names of the House and Sen- pay economists above the general services securities fraud class action litigation in- ate Managers appear. The material on scale. volving nationally traded securities. Title III of the legislation provides for cor- page H10775 that follows the names of SCIENTER rections to certain clerical and technical er- It is the clear understanding of the man- the Managers, although printed in the rors in the Federal securities laws arising same typeface, is not part of the Joint agers that Congress did not, in adopting the from changes made by the Private Securities Reform Act, intend to alter the standards of Explanatory Statement. It does not 3 Litigation Reform Act of 1995 (the ‘‘Reform liability under the Exchange Act. represent the views of the Managers. Act’’) and NSMIA. The managers understand, however, that Mr. SARBANES. So the correct ver- The managers note that a report and sta- certain Federal district courts have inter- sion of the Joint Explanatory State- tistical analysis of securities class actions preted the Reform Act as having altered the ment is that which will appear in to- lawsuits authored by Joseph A. Grundfest scienter requirement. In that regard, the and Michael A. Perino reached the following day’s Senate RECORD? managers again emphasize that the clear in- Mr. D’AMATO. The Senator is cor- conclusion: tent in 1995 and our continuing intent in this The evidence presented in this report sug- rect. legislation is that neither the Reform Act gests that the level of class action securities nor S. 1260 in any way alters the scienter There being no objection, the state- fraud litigation has declined by about a third ment was ordered to be printed in the standard in Federal securities fraud suits. in federal courts, but that there has been an Additionally, it was the intent of Congress, RECORD, as follows: almost equal increase in the level of state as was expressly stated during the legislative THE SECURITIES LITIGATION UNIFORM court activity, largely as a result of a debate on the Reform Act, and particularly STANDARDS ACT OF 1998 ‘‘substition effect’’ whereby plaintiffs resort during the debate on overriding the Presi- UNIFORM STANDARDS to state court to avoid the new, more strin- dent’s veto, that the Reform Act establish a Title I of S. 1260, the Securities Litigation gent requirements of federal cases. There has heightened uniform Federal standard on Uniform Standards Act of 1998, makes Fed- also been an increase in parallel litigation pleading requirements based upon the plead- eral court the exclusive venue for most secu- between state and federal courts in an appar- ing standard applied by the Second Circuit rities class action lawsuits. The purpose of ent effort to avoid the federal discovery stay Court of Appeals. Indeed, the express lan- this title is to prevent plaintiffs from seek- or other provisions of the Act. This increase guage of the Reform Act itself carefully pro- ing to evade the protections that Federal law in state activity has the potential not only vides that plaintiffs must ‘‘state with par- provides against abusive litigation by filing to undermine the intent of the Act, but to ticularity facts giving rise to a strong infer- suit in State, rather than in Federal, court. increase the overall cost of litigation to the ence that the defendant acted with the re- The legislation is designed to protect the in- extent that the Act encourages the filing of quired state of mind.’’ The Managers empha- terests of shareholders and employees of pub- parallel claims.4 size that neither the Reform Act nor S. 1260 lic companies that are the target of Prior to the passage of the Reform Act, makes any attempt to define that state of meritless ‘‘strike’’ suits. The purpose of there was essentially no significant securi- mind. these strike suits is to extract a sizeable set- ties class action litigation brought in State The managers note that in Ernst and Ernst 5 tlement from companies that are forced to court. In its Report to the President and the v. Hochfelder, 10 the Supreme Court left open settle, regardless of the lack of merits of the Congress on the First Year of Practice Under the question of whether conduct that was suit, simply to avoid the potentially bank- the Private Securities Litigation Reform not intentional was sufficient for liability rupting expense of litigating. Act of 1995, the SEC called the shift of secu- under the Federal securities laws. The Su- Additionally, consistent with the deter- rities fraud cases from Federal to State preme Court has never answered that ques- mination that Congress made in the Na- court ‘‘potentially the most significant de- tion. The Court expressly reserved the ques- tional Securities Markets Improvement Act 1 velopment in securities litigation’’ since pas- tion of whether reckless behavior is suffi- (NSMIA), this legislation establishes uni- sage of the Reform Act.6 cient for civil liability under section 10(b) form national rules for securities class ac- The managers also determined that, since and Rule 10b–5 in a subsequent case, Herman tion litigation involving our national capital passage of the Reform Act, plaintiffs’ law- & Maclean v. Huddleston, 11 where it stated, markets. Under the legislation, class actions yers have sought to circumvent the Act’s ‘‘We have explicitly left open the question of relating to a ‘‘covered security’’ (as defined provisions by exploiting differences between whether recklessness satisfies the scienter by section 18(b) of the Securities Act of 1933, Federal and State laws by filing frivolous requirement.’’ which was added to that Act by NSMIA) al- and speculative lawsuits in State court, The managers note that since the passage leging fraud or manipulation must be main- where essentially none of the Reform Act’s of the Reform Act, a data base containing tained pursuant to the provisions of Federal procedural or substantive protections many of the complaints, responses and judi- securities law, in Federal court (subject to against abusive suits are available.7 In Cali- cial decisions on securities class actions certain exceptions). fornia, State securities class action filings in since enactment of the Reform Act has been ‘‘Class actions’’ that the legislation bars the first six months of 1996 went up roughly established on the Internet. This data base, from State court include actions brought on five-fold compared to the first six months of the Securities Class Action Clearinghouse, is behalf of more than 50 persons, actions 1995, prior to passage of the Reform Act.8 an extremely useful source of information on brought on behalf of one or more unnamed Furthermore, as a state securities commis- securities class actions. It can be accessed on parties, and so-called ‘‘mass actions,’’ in sioner has observed: the world wide web at http://securi- which a group of lawsuits filed in the same It is important to note that companies can ties.stanford.edu. The managers urge other court are joined or otherwise proceed as a not control where their securities are traded Federal courts to adopt rules, similar to single action. after an initial public offering. * * * As a re- those in effect in the Northern District of The legislation provides for certain excep- sult, companies with publicly-traded securi- California, to facilitate maintenance of this tions for specific types of actions. The legis- ties can not choose to avoid jurisdictions and similar data bases. lation preserves State jurisdiction over: (1) which present unreasonable litigation costs. f certain actions that are based upon the law Thus, a single state can impose the risks and of the State in which the issuer of the secu- costs of its peculiar litigation system on all TRIBUTE TO DANA TASCHNER rity in question is incorporated 2; (2) actions national issuers.9 brought by States and political subdivisions, Mr. DASCHLE. Mr. President, I rise today to call attention to the out- and State pension plans, so long as the plain- 3 Public Law 104–67 (December 22, 1995). tiffs are named and have authorized partici- 4 Grundfest, Joseph A. & Perino, Michael A., Secu- standing achievements of a Nevadan pation in the action; and (3) actions by a rities Litigation Reform: The First Year’s Experi- who has dedicated himself to helping party to a contractual agreement (such as an ence: A Statistical and Legal Analysis of Class Ac- individuals who often lack the means indenture trustee) seeking to enforce provi- tion Securities Fraud Litigation under the Private to help themselves. Dana Taschner has Securities Litigation Reform Act of 1995, Stanford sions of the indenture. achieved national recognition as a Additionally, the legislation provides for Law School (February 27, 1997). 5 an exception from the definition of ‘‘class ac- Id. n. 18. champion for victims of domestic vio- 6 Report to the President and the Congress on the First lence and civil rights abuses. He is a 38 tion’’ for certain shareholder derivative ac- Year of Practice Under the Private Securities Litigation tions. Reform Act of 1995, U.S. Securities and Exchange year-old lawyer from Reno who chooses Title II of the legislation reauthorizes the Commission, Office of the General Counsel, April cases that are relatively small-scale, Securities and Exchange Commission (SEC 1997 at 61. 7 Testimony of Mr. Jack G. Levin before the Sub- tions, submitted to the Senate Committee on Bank- 1 Public Law 104–290 (October 11, 1996). committee on Finance and Hazardous Materials of ing, Housing and Urban Affairs’ Subcommittee on 2 It is the intention of the managers that the suits the Committee on Commerce, House of Representa- Securities’’ ‘‘Oversight Hearing on the Private Secu- under this exception be limited to the state in which tives, Serial No. 105–85, at 41–45 (May 19, 1998). rities Litigation Reform Act of 1995,’’ Serial No. 105– issuer of the security is incorporated, in the case of 8 Id. at 4. 182, at 3 (July 27, 1998). a corporation, or state of organization, in the case of 9 Written statement of Hon. Keith Paul Bishop, 10 425 U.S. 185 (1976). any other entity. Commissioner, California Department of Corpora- 11 459 U.S. 375 (1983). October 14, 1998 CONGRESSIONAL RECORD — SENATE S12591 but representative of many of the prob- his famous article on hand washing for the AHCPR, on a research mission that lems facing Americans. Time and the prevention of puerperal fever in the can better serve the health and health again, Mr. Taschner has had the cour- New England Quarterly Journal of care of all Americans. The reauthoriza- age and initiative to take on cases that Medicine and Surgery. While it is an tion of the AHCPR and the creation of more prominent firms are hesitant to accepted and expected practice today, the Agency for Healthcare Quality Re- handle for political or monetary rea- it took several decades before his rec- search enjoys broad-based support. By sons. Dana Taschner truly brings honor ommendation became a universally ac- taking leadership in supporting re- to his profession. cepted practice. search on health care quality improve- Mr. Taschner’s devotion to fighting The landmark Early Treatment Dia- ment, eight Senators, including myself, oppression recently earned him the betic Retinopathy Study was published are co-sponsoring this bill. They are American Bar Association’s Lawyer of in 1985. Then, three years later, the Senators COLLINS, FAIRCLOTH, JEF- the Year award. He was chosen from a American Diabetes Association pub- FORDS, INOUYE, MACK, BREAUX, and pool of approximately 245,000 other lished its eye care guidelines for pa- LIEBERMAN. In addition, S. 2208 was lawyers in North America, competing tients with diabetes. Unfortunately, later incorporated in another bill with litigators with much higher pro- however, today the national rates for which received co-sponsorship from 49 files and greater wealth. In 1993, Mr. annual diabetic eye exam is still only Senators. Also, I am pleased to report Taschner took on the Los Angeles Po- 38.4 percent. Clearly, the practical ap- that 44 leading organizations, consist- lice Department and succeeded in forc- plication of scientifically sound dia- ing of health care professionals, pa- ing them to change their policy regard- betic eye care recommendations has tient advocates, major health care or- ing police officers who commit domes- not fared much better than the highly ganizations and health services re- tic violence. In this case, he rep- beneficial and very important hand searchers, have also lent their support resented 3 orphans whose father, an washing theory. While there are more for this measure. L.A. police officer, murdered their scientific discoveries than ever before, Americans want and deserve better mother and then took his own life. the practical introduction of these new health care. For this compelling rea- Taschner was able to overcome his own scientific discoveries does not appear son, I will reintroduce S. 2208 in the painful childhood memories of domes- to be much faster today than it was 106th Congress. I urge my colleagues to tic abuse and secure the orphans a set- more than 100 years ago. support health care quality improve- tlement. He argued that the depart- Through S. 2208, I am seeking to ment and to refocus the federal govern- ment should not have returned the offi- close the gap between what we know ment’s role in this vitally important cer’s gun after he had beaten his wife and what we do in health care. The ex- area of research. and threatened to kill her. He also pired statute of AHCPR represented an f forced the department to treat these outdated approach to health care qual- NOMINATION OF JEFFREY S. matters as criminal cases, rather than ity improvement. S. 2208 would estab- MERRIFIELD lish the Agency for Healthcare Quality internal affairs. Mr. SMITH of New Hampshire. Mr. In this era of cynicism and self-pro- Research (AHQR), whose mission is the President, I rise today in support of motion, I believe we must take steps to overall improvement in health care Mr. Jeff Merrifield to the position of encourage and reward sincerity. Dana quality. U.S. Nuclear Regulatory Commis- Taschner’s unwavering dedication to Built upon the current AHCPR, the Agency for Healthcare Quality Re- sioner. his clients can be seen in his personal Mr. Merrifield was born in Westerly, relationships with them, relationships search is refocused and enhanced to be- come both the hub and driving force of Rhode Island and spent most of his that often outlive the outcome of the childhood in Antrim, New Hampshire. federal efforts to improve quality of case. As an attorney myself, I have In 1985, Jeff graduated Magna Cum health care in all practice environ- seen firsthand how much our country Laude with his B.A. from Tufts Univer- ments. The Agency will assist, not bur- needs people in my field who care sity. In 1986, he joined Senator Gordon den physicians in four specific ways. enough about their clients to commit Humphrey’s staff and handled energy First, it will aggressively support themselves personally, as well as pro- and environmental issues. I first came state-of-the-art information systems fessionally. Many litigators find it to the Senate in 1990 and I was fortu- for health care quality. Improved com- much easier to take the cases that nate that Jeff was one of several staff- puter systems will advance quality bring financial gain, rather than at- ers who carried over from Senator scoring and facilitate quality-based de- tempting to help the true victims of in- Humphrey’s staff to mine. justice. cision making in patient care. Next, it While working for Senator Humphrey I am proud that his colleagues have will support research in areas of pri- and me, Jeff put himself through lavished accolades upon Mr. Taschner, mary care delivery, priority popu- Georgetown Law School. He graduated but I believe it is a much greater sign lations and access in under served in 1992 after which he began work for of his success that his clients put their areas. The Agency’s authority is ex- the Washington D.C. based law firm of faith in him. Dana Taschner, whose in- panded to support health care improve- McKenna and Cuneo. There, he prac- tegrity and selfless devotion to fairness ment in all types of office practice— ticed environmental and government truly embody our American justice both solo practitioners and managed contracts law until 1995. I was very system, is a role model for us all. care. In addition, it will promote data pleased to have Jeff returned to my f collection that makes sense. Physi- staff in 1995 to be my counsel for the cians want information on quality to THE HEALTHCARE QUALITY Senate Subcommittee on Superfund, enable them to compare their out- Waste Control and Risk Assessment. ENHANCEMENT ACT comes with their peers. Statistically He was the lead staffer in developing Mr. FRIST. Mr. President, I rise accurate, sample-based national sur- my Superfund reauthorization legisla- today to express my continued support veys based on existing structures will tion. for S. 2208, the Healthcare Quality En- efficiently provide reliable and afford- During his time with the Senate, Jeff hancement Act, which seeks to reform able data. And finally, the Agency will has been involved with all aspects of and improve the Agency for Healthcare promote quality by sharing informa- solid and hazardous waste disposal and Policy and Research (AHCPR). tion with doctors, not the federal gov- cleanup regulation. He took part in a Studies show that health care qual- ernment. While proven medical ad- number of bills including the Price An- ity is dictated more by where you live vances are made daily, patients wait derson reauthorization, the Oil Pollu- than by scientific evidence or what is too long to benefit from these discov- tion Control Act, the Clean Air Act re- the best practice in medicine. Today, eries. We must get the science to the authorization, efforts to reauthorize we have more biomedical research re- people who use it—physicians. both Superfund and RCRA, and the sults than ever before, yet we are fall- I would like to point out that S. 2208 Intermodal Surface Transportation Act ing short in our success to disseminate does not create a new bureaucracy, nor (ISTEA I). our findings and to influence practice does it expand the federal government. In addition to his duties on the Com- behavior. In 1843, Dr. Holmes published Rather, it refocuses an existing agency, mittee, Jeff has also been extensively S12592 CONGRESSIONAL RECORD — SENATE October 14, 1998 involved in assisting me on the Armed sured that a greater percentage of pro- advice and recommendations to the Services Subcommittee on Strategic gram dollars would go directly to Secretary and the Congress but also to Forces, which I chair. He has provided grantees versus federal administration. report its findings and recommenda- me with valuable oversight of hazard- After this bill, S. 555, passed in the tions annually. In addition, S. 1754 ous and radiological waste programs at Senate but failed to pass in the House specifies that the Council include rep- DOD and DOE facilities. during the 104th Congress, I identified resentatives of advanced practice nurs- Jeff’s philosophy as Commissioner areas of disagreement and developed ing groups, including nurse practition- will be that the NRC cannot take a sol- ways to address these obstacles. At a ers. itary role in maintaining full public hearing in April 1997, I had the oppor- The bill specifically states that au- confidence in the safety of nuclear tunity to listen to concerned groups thorized nurse practitioner programs power. He has said that the nuclear in- and outline possibilities for com- have as their objective the education of dustry must also assume equal respon- promise. My staff has worked very hard nurses who will provide primary health sibility for taking the steps necessary to maintain a high level of input from care. For advanced practice nurse to maintain the trust of the American constituency groups. We worked with traineeships, the Secretary shall give public. the Congressional Hispanic Caucus to special consideration to those pro- Mr. President, Jeff has done a great address their concerns. We worked to grams that agree to train advanced job for me over the years. Although I’m ensure that this bill lived up to the practice nurses who will practice in sorry to lose him from my staff, I’m goal of increasing the number of under- health professional shortage areas. The confident that he will provide the NRC represented minorities in the health amendment proposed and passed by the with the talents necessary to ensure professions. We are very pleased that House further clarifies how funding for adequate protection of the public the Congressional Hispanic Caucus sup- training for nurse midwives, nurse health and safety, the common defense ports S. 1754. practitioners, and nurse midwives will and security, and the environment in This bill enjoys broad support in the be allocated. The Department of Health the use of nuclear materials in the medical and public health community. and Human Services, in consultation United States. Jeff is a bright, dedi- The bill is supported by a broad range with individuals in the field of nursing, cated and articulate individual who of professional societies for physicians, will develop a methodology, based on will serve the nation with distinction. I nurses, pharmacists, psychologists, data, to allocate training funds. The strongly recommend him for the posi- dentists, and others. data for this methodology will include tion of U.S. Nuclear Regulatory Com- S. 1754 establishes a program with the need for and distribution of serv- missioner and urge my colleagues to do the flexibility to respond to changes in ices among underserved populations the same. Thank you, Mr. President. the workforce. Flexibility is built into and health professional shortage areas, f the bill over time. As funding lines and the percentage of the population change, the Secretary’s authority to that are minorities, elderly, or below HEALTH PROFESSIONS EDUCATION move funds across program lines in- the poverty level. The methodology PARTNERSHIPS ACT OF 1998 creases. This revision will allow pro- will be in place by fiscal year 2003. Mr. FRIST. Mr. President, I rise to grams to address the constantly chang- Until the methodology is developed, address the Senate today on the pas- ing health care needs of communities the funding for nurse practitioners, sage of the Health Professions Edu- and respond to the changes in the nurse midwives, and nurse anesthetists cation Partnerships Act of 1998. This health care delivery system. will be ‘‘held harmless’’. The House bill reauthorizes the programs funded Since so much of the Act’s flexibility amendment also clarifies the use of the through Titles VII and VIII of the Pub- is based on the discretion of the Sec- definition of an advanced practice lic Health Service Act. These programs retary, we have added advisory coun- nurse in S. 1754. are intended to increase access to pri- cils to ensure that the view points of Mr. President, this bill creates new mary care and to improve the distribu- those providing medical services are partnerships and supports existing tion of members of the health profes- considered. This will generate con- ones. It represents the best example of sions—physicians, dentists, phar- fidence among the grantees and en- team work among interest groups, macists, nurses, and others—to under- courage collaboration between agency agencies and legislators. Through the served areas. For many years, this leg- officers and the programs they manage. goals of improving the distribution and islation has helped our nation’s schools In addition, these councils will report quality of health professions in under- of health serve the needs of their com- back to Congress to ensure oversight of served areas and of simplifying the ad- munities better and prepare the health these programs. ministration of existing programs, this care practitioners of the future. This However, flexibility alone will not re- bill fosters change. The Health Profes- bill provides a comprehensive and flexi- sult in successful targeting of re- sions Education Partnerships Act of ble authority to support training pro- sources. As noted by the Government 1998 will help underserved areas meet grams for health professions and relat- Accounting Office in testimony to the their future health care needs. ed community-based educational part- Senate Labor Subcommittee on Public Mr. President, I am proud of our nerships. It will improve the quality, Health and Safety in April 1997, federal work. I would like to take this oppor- diversity, and distribution of the work efforts should be based on performance tunity to specifically thank, Senators force. measures and achievement of goals. KENNEDY, JEFFORDS, and BINGAMAN, The Senate has worked diligently on The Secretary of Health and Human and all their staffs for their efforts to this effort for the past four years. Re- Services will ensure that there is an work with us on this bill. I would also authorization has been a priority since annual evaluation of programs and like to thank the interest groups which the authority expired for Title VII pro- projects funded through this legisla- gave so generously of their time and grams in 1995 and for Title VIII pro- tion. support to help us address the issues grams in 1994. In 1995, Senators Kasse- It was very important to maintain involved. Mr. President, I especially baum, KENNEDY, and I introduced S. 555 the distinct and separate funding for thank Dr. Mary Moseley, Dr. Carol to take the 44 programs involved and nurse education—Title VIII, the ‘‘Nurs- Pertowski, Dr. Debra Nichols, and Sue consolidate them into six groups or ing Education and Practice Improve- Ramthun of my staff for their dedica- clusters. Performance outcomes and ment Act of 1998.’’ We wanted to in- tion and hard work toward the reau- improved data collection were added. crease the flexibility of the Depart- thorization of these programs. This approach was used to streamline ment of Health and Human Services to f the granting process, and to allow the target funding and to respond to the Department of Health and Human nursing workforce needs of a rapidly THE WOMEN’S BUSINESS Services greater flexibility to leverage changing health care system. S. 1754 NETWORK areas of development; and to align with strengthens the role of the National Mr. CAMPBELL. Mr. President. I community workforce needs. It also Advisory Council on Nursing Education take this opportunity to call my col- provided flexibility for strategic plan- and Practice. We rewrote the duties of leagues’ attention to the role of women ning of the workforce supply, and in- the Council so that it not only provides owned businesses in our economy, and October 14, 1998 CONGRESSIONAL RECORD — SENATE S12593 particularly in Colorado. The Business World War II, 26 ‘‘Quonset’’ huts had to through the Social Security Disability Women’s Network (BWN), which is a be erected to provide space for the rap- Insurance program and the Supple- network of 1200 women’s associations idly expanding veterans programs, in- mental Security Income program many working in concert to expand all wom- creasing the hospital’s capacity to 250 beneficiaries are discouraged from en- en’s inclusion in business development, beds. tering or re-entering the workforce. is helping towards that end. Tonight, In 1946, the VA hospital entered into The intent of these programs was never the BWN will be hosting an event to an agreement with Dartmouth Medical to demoralize or dishearten Americans honor its members and the many struc- School to become a teaching hospital, who are ready, willing and able to tures which serve the development of an arrangement that continues and work. We must look at ways to over- women’s business. thrives today. Recognizing the impor- come this attitude. Colorado enterprises which embody tance of research programs, in 1954, the Thanks to the disability reform pro- well-developed and successful business VA, in partnership with Dartmouth posal developed by Senator JEFFORDS ventures include: the Colorado Wom- Medical School, launched a medical re- and Senator KENNEDY many of the bar- en’s Business Office, which represents search initiative. The research func- riers facing people with disabilities more than 75,000 women and 50,000 tion was significantly expanded in 1992 will be addressed. Several provisions in girls; the Denver Women’s Business with the completion of a research and the Jeffords-Kennedy substitute to Network; the Casa Career Development education facility that enabled the hos- H.R. 3433 tackle the problems of loss of and Business Center for Women; the pital to perform medical and health cash benefits and health insurance Southern Colorado Women’s Chamber services research, rehabilitation and which can prevent beneficiaries from of Commerce; the University of Colo- cooperative studies. In addition to being able to support themselves once rado Women’s Resource Center; the these critical fields of study, this facil- they begin working. The substitute leg- Women Owner, Managers and Execu- ity is helping veterans make more in- islation would provide working individ- tive Network of Colorado Springs; the formed choices about their medical uals with disabilities access to addi- Women’s Foundation of Colorado; the treatment through cutting edge out- tional services under the Medicaid pro- Women’s Library Association in Den- comes research. gram, such as personal assistance and ver, and many others. Colorado’s suc- From 1971 through 1981, several con- prescription drugs. These services are cess in identifying and nurturing a struction projects were undertaken to vital to many people on SSDI and SSI. strong base of women owned businesses modernize and expand the hospital. In Furthermore, this proposal would pro- provides a model for other states seek- 1989, the VA began its venture of pro- vide improved access to rehabilitation ing to conquer the spectrum of needs viding community-based outreach cen- opportunities for beneficiaries of both and obstacles that confront women en- ters (CBOCs) to meet veterans’ primary the SSI and SSDI programs. trepreneurs. care needs in locations closer to their The most encouraging parts of this National recognition is in order. Last homes. A outreach clinic was opened in proposal are those that eliminate work year, the women-owned businesses in Burlington, and based on the success of disincentives and facilitate self-suffi- the Denver metro area had the highest this project, a community clinic was ciency among those with disabilities. regional growth rate in the country, at opened in Bennington earlier this year. This legislation prohibits using work 57%. Both employment and sales in- The White River Junction VA center activity as the only basis for triggering creased four-fold. The translation for has also done an exemplary job of a continuing disability review. More- Coloradans is easy. As a state, we meeting more than just the veterans’ over, the proposal put forth by my col- enjoy more than 77,600 women-owned health care needs. Vermont veterans leagues, Senator JEFFORDS and Senator businesses that provide jobs for almost are also very fortunate to have, under KENNEDY, would expedite the process of 208,000 people, to the tune of $23 billion the same roof, a very capable group of eligibility determinations of individ- in annual sales. people to assist them with their benefit uals who have been on disability insur- The Business Women’s Network is needs. The staff is small but mighty ance but who lost it because they were important because it profiles all wom- when its comes to their advocacy for working. Also, the Jeffords-Kennedy en’s groups, both nationally and glob- veterans and I greatly appreciate the substitute creates incentives for both ally, in salute of their achievements. assistance they have provided Vermont disabled beneficiaries and providers of Today, I wish to single out for special veterans, for more than half a century, vocational rehabilitation to secure jobs honor the solid foothold women’s busi- as well as to my office for the past 20 for those who want to work. It is my ness has in Colorado’s unparalleled years. hope that this will eliminate shuffling economy. I also want to encourage the In closing, Mr. President, I want to these people from vocational rehabili- continued efforts of BWN—the strong publicly thank all of the unsung heroes tation programs to state programs presence of women in our world econ- associated with this tremendous facil- without them being able to make any omy cannot be emphasized enough. ity. They know who they are—the di- real progress. f rector of this facility, Gary DeGasta; Finally, I want to say how glad I am the dedicated staff at the hospital and to see that a component of the Jef- WHITE RIVER JUNCTION VA CEN- regional office; the Veterans Service fords-Kennedy substitute includes a TER—60 YEARS OF EXCELLENCE Organizations who donate so much proposal to ensure that local prisoners Mr. JEFFORDS. Mr. President, I rise time and money to help provide for will not receive Social Security Dis- today to pay tribute to the Department veterans; and, of course, the veterans, ability Insurance benefits. I sponsored of Veterans Affairs (VA) Hospital and who for 60 years have supported the legislation in the beginning of the Regional Office Center of White River mission of this fine facility with their 105th Congress to prevent this needless Junction, Vermont. October 16 marks continuous patronage. waste of taxpayer dollars by closing a this facility’s sixtieth anniversary. For To my friends at the VA in White loophole in the law. Criminals should six decades it has provided compas- River Junction—Happy Anniversary. not be allowed to ‘‘double dip’’ and re- sionate, high-quality service to Ver- May you have many more. ceive Federal money earmarked for the mont and New Hampshire Veterans. f purchase of food and clothing while On October 16, 1938, an elaborate they are part of a prison system which dedication ceremony was held in White IN SUPPORT OF SUBSTITUTE TO provides these necessities already. This River Junction at the newly completed H.R. 3433 proposal would protect the financial VA hospital. The next day, the first pa- Mr. GRASSLEY. Mr. President, I rise soundness of the Social Security Dis- tient was admitted. In an unusual today in support of the amendment in ability Insurance program for the peo- move, the regional VA office relocated the form of a substitute to H.R. 3433. ple it is meant to assist. its offices from Burlington to the Many people with disabilities who The work Senator JEFFORDS and Sen- White River Junction location to bet- have been out of the workforce are ator KENNEDY have put forth on this ter serve veterans in processing their eager to return to work. However, be- bill characterizes the bipartisanship claims for benefits. The facility gradu- cause of the risks of losing cash bene- necessary to pass the proposal into ally grew over the years. By the end of fits and health insurance provided law. I am glad to lend my support to S12594 CONGRESSIONAL RECORD — SENATE October 14, 1998 the Senate substitute legislation to has pressed to have closed. The Chair- look wistfully to the aisle just to my H.R. 3433. I look forward to passage of man of the Joint Chiefs, and his col- left here, where DALE BUMPERS has this legislation. leagues on the Joint Staff, testified to trod up and down yanking the micro- f this recently before the Armed Serv- phone cord and dispensing wisdom for ices Committee—they effectively said just about twenty-four years now. The ADDRESSING READINESS ISSUES if you want us to fix these problems, other day he gave his last speech here, Mr. WELLSTONE. Mr. President, I then stop ramming down our throats and it was brilliant—an eloquent and rise in opposition to proposed increases weapons systems, ships and planes that moving reminder of the best purposes in military spending contained in the we don’t need, don’t want, and haven’t of politics. But now I want to look supplemental appropriations provisions requested—and start closing down anti- back and pay tribute to my friend for FY 1999, and to comment on even quated or outdated military bases that DALE BUMPERS for what he has done larger anticipated proposals for in- we can no longer afford to maintain, and what he has been for me, for the creases in the military budget for fis- for which there is no reasonable pur- Senate, for his beloved Arkansas and cal year 2000 and beyond that will be pose. for our country. the subject of ongoing debate in Wash- Mr. President, as I’ve said, I believe DALE BUMPERS was born in Charles- ington in the coming months. in maintaining a strong national de- ton, Arkansas in 1925, and it’s from I have always been a strong sup- fense. We face a number of credible that little town he first drew the val- porter of our men and women in uni- threats in the world today, including ues he has eloquently proclaimed on form, and I believe we must provide the terrorism and the proliferation of this floor for two and a half decades. In best possible training, equipment, and weapons of mass destruction. But let’s a small town in western Arkansas dur- ing the Depression, young DALE BUMP- preparation for our military forces, so make sure we carefully identify the ERS learned about human suffering and they can effectively carry out whatever threats we face and tailor our defense deprivation, learned to believe that it peacekeeping, humanitarian, war- spending to meet them. Let’s not con- could be defeated and came to under- fighting, or other missions they are tinue to maintain military spending given. But certain Republican pro- stand, on his father’s knee, that the based on the needs of the Cold War. government could be a force for good in ponents of increased defense spending Mr. President, we do not need to that struggle. He saw typhoid in his here in Washington are trying to use spend more on the military. We only an alleged ‘‘readiness crisis’’ to get $1 hometown and saw a New Deal pro- need to spend what we have already al- gram put an end to it. He saw rural billion or more additional funding in- located more intelligently and more cluded in the omnibus appropriations electrification light the countryside, honestly. We do not need to give more projects that made the water cleaner, bill to be considered before adjourn- money to an already bloated Pentagon the roads safer, he saw the WPA and he ment. And this is just the first step. for wasteful pork projects when we saw the tenacity, and the ingenuity Some Pentagon officials, and Repub- have so many urgent problems in this and the sense of community of the lican defense hawks here in Congress, country that need attention. We need American people. One day as a boy he are reportedly already pressing the Ad- to focus on adequate funding for the went to the nearby town of Booneville ministration to increase next year’s hundreds of domestic programs that and saw Franklin Roosevelt himself, budget request by up to $15 billion, and protect the vulnerable; protect our and he heard his father tell him that by an estimated $50–75 billion over the lakes and streams; provide health care politics is an honorable profession—he next five years. These numbers are in for the vulnerable elderly; and create took all that to heart and we are all addition to the grossly wasteful and expanded opportunities for the broad the richer for it. He sometimes says, as unnecessary military spending of re- middle class, such as student loans and his father did, ‘‘When we die, we’re cent years, much of which was over and job retraining. going to Franklin Roosevelt.’’ above what the Pentagon itself had re- The real ‘‘readiness’’ crisis, Mr. In 1943, DALE BUMPERS joined the Ma- quested from Congress to complete its President, is not in the military budget rines. He shipped out to the Pacific and mission. but in the readiness of the Congress to he expected to be a part of the invasion These large increases are unjustified. give up its attachment to wasteful force that would hit the beaches of Yes, I recognize that to a certain ex- pork projects, and in the readiness of Japan. He did not expect to survive it. tent there are problems with readiness. Pentagon officials to make the hard The invasion never came, but that ex- There are shortages of spare parts in choices about what programs are really perience made a profound impression some areas, for example. It is report- necessary for the restructured military on him. When I hear him speak about edly difficult to retain pilots and other force we need to face the challenges of the Constitution, our Founding Fa- key personnel; certain of our armed the 21st century. I expect that an om- thers and the flag on this floor it is forces, especially enlisted personnel, nibus bill will pass, and that some ad- plain how that wartime experience are suffering a declining quality of life. ditional defense spending will be in- helped him comprehend the true stakes But if we look carefully at the military cluded in it for Bosnia and other needs. of the constitutional debate, how it in- budget we can see that these readiness But I hope my colleagues will keep formed his notions of patriotism and problems are not caused by inadequate these concerns in mind as the defense his sense of what America means. military budgets, but rather by a spending debate moves forward next When he returned from the service he wasteful and irresponsible, often politi- year. got a first-rate education at the Uni- cally-motivated misallocation of exist- I intend to press forward my efforts versity of Arkansas and Northwestern ing defense dollars to military pro- here in the Senate to make sure we University Law School, all paid for, he grams and projects in states of key more responsibly balance our defense is quick to point out, by Uncle Sam members of Congress. This is the crux and domestic priorities, by scaling under the GI bill. He has been return- of the matter. There is more than suffi- back wasteful defense spending, and re- ing the favor to the American people cient funding in the current budget to allocating existing military funds to ever since. fix these problems if priorities are re- address our readiness problems, so that DALE BUMPERS started his career as a assessed and money is redirected from we can invest more in the skills and in- country lawyer in Charleston, a very wasteful and obsolete weapons pro- tellect and character of our children; in successful one by all reports, and he grams to crucial readiness measures. basic health care for all; in decent edu- got a reputation around Arkansas, We continue to pour billions into cation, affordable housing and jobs even if he was, as he says, ‘‘the entire Cold War era weapons programs that that can sustain families. membership of the South Franklin are essentially massive pork projects f County Bar Association.’’ As time went for the states and districts of various by, his practice grew, he took over his members of Congress. Congress has RETIREMENT OF SENATOR DALE father’s hardware store, he taught Sun- also contributed to the readiness prob- BUMPERS day School and sang in the church lems by refusing to close military Mr. FEINGOLD. Mr. President, in choir and he and his wonderful wife bases which the Pentagon acknowl- these last few days of the 105th Con- Betty started a family. But he wasn’t edges are unneeded and obsolete, and gress, when I come to the floor, I often feeling complacent. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12595

There are a lot of great DALE BUMP- a great speech once called ‘‘The Everybody thinks of DALE BUMPERS ERS stories many people don’t know. In Trivialization of the Constitution’’ in first and foremost as an orator, a story the days following the Brown v. Board which he made the case that we must teller, a raconteur and a dispenser of of Education decision, tension was never casually fiddle with our Con- folk wisdom. He is common sense with building in the South as school inte- stitution for political gain or to deal a silver tongue and a sense of history. gration looked more and more inevi- with transitory policy issues. His work So let me finish my remarks with a table. By 1957, we had the Little Rock to defend the Constitution and inject tribute to his oratorical style. DALE Crisis, but there was one town in Ar- sobriety into the constitutional debate, BUMPERS often decried the idea that we kansas that had already integrated by all by itself, qualifies him as a great could eliminate the deficit by cutting then, without any great trouble. It was patriot and senator. Let the record re- taxes and raising spending, he said the first in Arkansas, maybe the first flect that I too am a member of the ‘‘That reminds me of the combination in the entire south. It was Charleston, ‘‘Wait Just a Minute’’ club. taxidermist/veterinarian in my home- Arkansas, where DALE BUMPERS was a DALE BUMPERS’ leadership in cutting town. His slogan was ‘Either way you young lawyer, representing the school wasteful spending and his fiscal fore- get your dog back.’ ’’ When he saw a board. He saw what was coming and he sight are unsurpassed. In 1981, when flaw in his opponent’s argument he knew what was right. He did a little re- Ronald Reagan was calling the shots in jumped on it like a duck on a junebug. search and he found out how much the the budget debate, DALE BUMPERS was He might declare. ‘‘His argument is as district was spending to bus its black one of only three Senators to oppose thin as spit on a rock!’’ Why is he such students to Fort Smith. He made his Reagan’s tax cuts and support the a masterful debater? Because he can case to the school board about the spending cuts. If their position had pre- explain the complex in a simple way, right course, working those numbers vailed, the budget would have been bal- and expose the truth in uncomplicated into the argument. The board then anced in 1984. That was fourteen years language, without demagoguery or dis- voted to do what he had advised them ago. Now there’s a fiscal role model. tortion. As he would say, ‘‘You gotta Senator BUMPERS went after what we to do—integrate the schools. It was not throw the corn where the hogs can get now call ‘‘corporate welfare’’ years be- long after that he helped to integrate at it.’’ He hated deficit spending, and fore the term was coined, and years be- his church—the pastor of the local when he saw a budget full of red ink, he fore others were willing to focus on the black Methodist church approached the said, ‘‘Well, you pass that and you’ll problem of government waste. From all white congregation of his Methodist the international space station to the create deficits big enough to choke a church, seeking help to repair a leaky mule. That’s just eating the seed 1872 Mining Law, Senator BUMPERS has roof. Why spend all that money and been resolute in his pursuit of excesses corn!’’ Being in this body, and having the have two churches, why not just join in the federal budget. He has gone after honor of serving with DALE BUMPERS, our two churches together, said DALE sacred cows and hidden pork, and faced has given me an invaluable chance to BUMPERS, and it was done. Those are strong opposition from both sides of get to know a remarkable man, and to two quiet little pieces of history that the aisle. But he has continued his understand what his legacy in this tell us plenty about the principles and work, tirelessly and often thanklessly, the persuasive powers of DALE BUMP- because he knows he is doing what is body will mean for generations to ERS. right for the American people. I have come. The greatest thing he has taught Well, after a while, school board poli- often felt great pride standing with me is not to fear the tough votes. Time tics were getting to him, so DALE de- and again, from the Panama Canal to DALE BUMPERS on an amendment, even cided he would like to be the Governor when we knew we would lose, because the flag amendment, he has cast the of Arkansas. So off he went, eighth out when he made a stand, his allies knew hard votes. Time and again, he has of eight in the early primary polls, to they were doing the right thing. gone home to Arkansas and made his do battle with Orval Faubus and other His campaign against government case, explaining his votes to the people. established politicians. His critics said waste is matched only by his efforts to He didn’t always persuade them all, he had ‘‘nothing but a smile and a protect the environment as Chairman but he convinced them that his were shoeshine.’’ But then the people of Ar- and Ranking Member of the Energy votes of principle—and the poeple’s kansas heard what he had to say. He and Natural Resources Committee. confidence in his integrity has sus- beat everybody but Faubus in the pri- Senator BUMPERS has been an out- tained him in the affection of even mary, beat Faubus in the runoff and standing leader on the committee, and those Arkansans who disagreed. then he beat Winthrop Rockefeller. Ar- has exhibited a conservation ethic un- DALE BUMPERS has plenty to be proud kansas had never seen a governor like paralleled in the U.S. Senate. DALE of, but he has always remembered who DALE BUMPERS. He reformed every- BUMPERS was the first Senator to he is and where he came from. He thing from education to heath care and sound the alarm about the ozone layer mixed it up with the best of them dur- gained the lasting affection of the peo- and the danger of ozone-depleting ing debate, but never with rancor. He is ple while doing it. gases, long before most of us had ever quick to point out the work of other After four years as Governor, he de- heard of them. And he always remem- Senators and his staff when things are cided he wanted to go to the Senate. bered his father’s hardware store— accomplished. The other day he stood All that stood in his way was J. Wil- there never was a more relentless de- on this floor and thanked his grade liam Fulbright, an institution in his fender of small business in the Senate. school teacher, Miss Doll, for encourag- own right. But BUMPERS won, and he I have been honored to work with ing him more than sixty years ago! He came to the Senate. As we have seen, him on a number of conservation ef- never fails to credit all his success to this chamber is the place where he al- forts, including public land reform and his remarkable wife Betty, who has ways belonged. nuclear energy issues, and I know the achieved so much in promoting peace When I came to the Senate, I had Senate will miss his leadership in that and the health of children. He speaks heard of Senator BUMPERS’ intel- area. His work to reform the 1872 min- always of his family as the wellspring ligence, his quick wit, his impatience ing law is the issue where his environ- of his values and the source of his pri- with wasteful spending, his vigorous mental stewardship and his determina- orities. defense of the environment and his role tion to cut wasteful spending have So now he leaves the Senate having as a relentless guardian of our Con- gone hand-in-hand. I have been proud enriched this country and this institu- stitution. When it comes to amending to join him in this fight, because it’s a tion in a thousand ways. His wisdom the Constitution. DALE BUMPERS al- crucially important one, an ‘‘outrage,’’ and courage and his persistent voice ways says, ‘‘I’m a founding member of as he calls it, that wouldn’t be under will echo long into the future. To every the ‘Wait Just a Minute’ club.’’ That is scrutiny today if it weren’t for the member of the Senate, on both sides of a great line, but it tells of a Senator work of Senator BUMPERS. And I am the aisle, DALE BUMPERS is an admired who has risked defeat, has felt real confident, Senator BUMPERS, that your friend and colleague. To those of us contempt from those who disagree, all view will prevail on the mining law who share his principles and have because he would not stand for the po- soon enough, because you are right and learned from his leadership, he is noth- litical use of the Constitution. He gave everybody knows you’re right. ing less than a hero. He is one of the S12596 CONGRESSIONAL RECORD — SENATE October 14, 1998 great ones—and you don’t need to be in history books, Richard Russell of ting the cost of government, he did all broke out in brilliance to know Georgia, Everett Dirksen of Illinois, something about it. He led the move- that. Thank you DALE BUMPERS and Mike Mansfield of Montana, and John ment to adopt a two-year budget, good luck! I yield the floor. Stennis of Mississippi. thereby saving millions of dollars by f I have served with men and women of streamlining our budgetary process. great moral strength and high intel- He introduced the measure that is re- RETIREMENT OF SENATOR DIRK lect, but, of the 323 senators, I shall al- sponsible now for using recycled print- KEMPTHORNE ways look upon one person as my ‘‘best ing paper by the federal government, Mr. SESSIONS. Mr. President, six friend’’—Senator WENDELL FORD. thus saving millions of dollars. After years seems too short a time for a man How does one become a best friend of all, the paperwork of the federal gov- of DIRK KEMPTHORNE’s character to a stranger? I had some knowledge of ernment today, with all the techno- serve in the United States Senate. In WENDELL before he was elected, be- logical advances, still uses more than the two years that I have been privi- cause I was then a member of the Sen- 480,000 tons of paper annually. How- leged to work with the Senator from ate Campaign Committee and serving ever, before WENDELL FORD got into Idaho, I have been impressed by both as the Secretary of the Democratic the act, it was nearly double that his considerable integrity and also his Caucus. I knew that he was a former amount. unwavering dedication to the citizens State Senator, Lieutenant Governor, As a politician, he wanted to make of Idaho and to his fellow countrymen. and the 49th Governor of the Common- certian that campains were carried out When I reflect upon Senator KEMP- wealth of Kentucky before he was without corruption and without im- THORNE’s tenure in the Senate, I will elected to the Senate. I also knew that pediments. He streamlined voter reg- remember the traits that made him he was one of the most popular Presi- istration procedures, and did every- such a successful legislator. I will espe- dents of the U.S. Junior Chamber of thing to increase voter participation in cially remember the thoughtful ap- Commerce. federal elections. proach the the Senator used when ad- When I first met WENDELL in early WENDELL FORD’s departure from the dressing the pressing issues of the day. 1974, I immediately liked what I saw. Senate will leave a huge void in the When Senator KEMPTHORNE chose a I could see that he was ‘‘truth in committee rooms and in the Senate course of action, every Senator could packaging’’ personified. There were no Chamber. It is difficult for me to imag- be certain that his decisions were guid- fancy frills, or bells, or ribbons around ine that next year we will not hear his ed by careful deliberation, broad con- him. He was down to earth. He obvi- voice rising to defend the working man sultation, and sincere prayer. Now, ously loved his constituents and with- and woman. Senator KEMPTHORNE has decided to re- out question, understood them. Imme- We will not hear his voice to insist turn to his people of Idaho, offering to diately, I concluded that he was a upon safety for our traveling public. sere their interests closer to home. ‘‘man of the people.’’ Soon, I found my- And we will not hear his voice for good Selfishly, I and others will miss his self serving with him on two important and clean government. I hope that the quiet strength, his leadership in a Committees—the Senate Committee on people of Kentucky will someday come pinch, his good judgment, and his deep Commerce, Science, and Transpor- to the realization that they and the faith. It has enriched all who have had tation and the Committee on Rules and people of this nation were blessed with the privilege of serving with him and, I Administration. the service of WENDELL FORD. must say, it has been a special source Whenever he stood and raised his Winston Churchill just prior to his of strength to me. DIRK not only talks voice to defend, advocate, oppose, or retirement from active government the talk, he walks the walk. His con- support a measure, you knew that it service said, ‘‘Service to the commu- cern is for the least among us and his related to people. nity is the rent we pay for living on insights are superior. Whether he is in Therefore, I was not surprised when this earth.’’ WENDELL FORD has been a small group meeting, a committee he became the prime mover of the Na- paying his rent throughout his life. hearing, a leadership conference, a tional Voter Registration Act which It will be difficult for me to say good- Bible study, or on the floor of the would ensure that every American who bye to my good friend. It will be dif- United States Senate, DIRK KEMP- was of age, qualified and wanted to ficult no matter how good a person his THORNE always reveals himself to be a vote was given the opportunity to do successor may be, to fill his ‘‘huge man of integrity. This is so because he so. He took away all of the obstacles boots.’’ is one solid whole. He does not com- that stood in their path. But most importantly, I agree with partmentalize. What you see is what He also made certain that when a my wife, Maggie, that what makes you get, from the surface to the center. worker’s spouse was ill at home, he or WENDELL a good husband, a good fa- DIRK has called us to higher things she was given the right to be with their ther, and decent human being is the than mere public policy. He wants our loved ones in their time of great need. fact that he had the good sense to government to make us better, not just He knew what it was to be a husband marry his beloved Jean. Without Jean, richer and more powerful. His service and a father. And he knew what it Kentucky and our nation would have in the Senate has been to that goal. He meant to comfort wives and children in been denied the great service of WEN- is both a humble servant of a higher time of need. When WENDELL became DELL H. FORD. calling, and an effective leader. We will the Chairman of the Aviation Sub- WENDELL and Jean, you have my best miss that leadership and strength on committee, first and foremost on his wishes for continued happiness and ful- issue after issue. We will miss even agenda was passenger safety. fillment in the bright years ahead. We more his good example, his living proof He was always ready to carry the shall miss you immensely. that one can serve in public life and banner for the working man and posses the richest qualities of a Chris- woman. And during the recent tobacco f legislation debates, WENDELL’s voice tian gentleman. DIRK, we will miss RETIREMENT OF SENATORS you. You have made us better by your was one of the very few that spoke out word, your manner, and your life. Our for the tobacco farmer. His concern WENDELL FORD best wishes go with you. Godspeed DIRK was not for the wealthy Chief Execu- Mr. FEINGOLD. Mr. President, I KEMPTHORNE. tive Officers. His concern was for the want to take a moment to honor Sen- f poor farmer who had to struggle, day ator WENDELL FORD for his long and in and day out, to eke out a livelihood. distinguished record of service in the TRIBUTE TO SENATOR WENDELL WENDELL also spoke out for the min- United States Senate. FORD ers who worked in the deep coal mines, A vigorous defender of his home Mr. INOUYE. Mr. President, since and for those who had been discrimi- state, WENDELL FORD’s raspy voice has taking my oath of office in January of nated against in employment because spoken out for the people of Kentucky 1963, I have had the high privilege of of their age. He was a ‘‘work horse,’’ and the entire nation with intelligence, serving with 323 senators. Among them never a ‘‘show horse.’’ When others tenacity and humor, winning him the were some of the giants we read about would give eloquent speeches on cut- respect and affection of his colleagues. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12597

Of Senator FORD’s many accomplish- minded and provided outstanding lead- years of service in this body and in the ments during his years of public serv- ership on the committee, in particular House of Representatives, and I wish ice, his positions in the Senate’s Demo- during the recent hearings into cam- him all the best in his new endeavors. cratic leadership and as Chairman of paign finance violations. During those f the Senate Rules Committee stand out hearings, Senator GLENN showed his THE RETIREMENT OF SENATOR as invaluable contributions to his keen understanding of the flaws in the DAN COATS party and his country. I have greatly current system and his commitment to appreciated, as have all my Democratic its reform. As someone who cares deep- Mr. SESSION. Mr. President, many colleagues, the outstanding job Sen- ly about campaign finance issues, I was have spoken more eloquently than I of ator FORD has done as the Democratic grateful for his leadership. the contributions made to this body whip, and the dedication he has shown Senator GLENN has also worked tire- and to this nation by DAN COATS. I will to the caucus. Here on the floor, WEN- lessly on nuclear proliferation issues, not try to describe his distinguished career or to list his legislative achieve- DELL FORD has exhibited an uncommon and been a valued member of the commitment to fairness. Armed Services Committee, the Select ments, but I will, once again, attempt Kentuckians can also be proud of Committee on Intelligence, and the to review the qualities that have made Senator FORD’s sponsorship of the Special Committee on Aging. DAN COATS special to me and to so Motor Voter bill and longstanding sup- Now Senator GLENN is moving on to many others. First, he is a man of faith who lives port of government reforms, which are his newest challenge, and, as usual, that faith and allows it, shockingly to a testament to his commitment to the making history. At the age of 77, he some, to actually affect how he votes democratic principle of government. will again launch into space, this time and how he does his job. He is fully ap- I want to wish Senator FORD all the for a nine-day ride on the Shuttle Dis- prized of all the technical data and the best for his well-earned retirement, and covery. Most of us would be content Senate procedures required for effec- thank him for his many contributions being the first man to orbit the earth, tive service in the Senate on the to American political life. flying 149 combat missions, and break- Armed Services Committee and the ing a transcontinental flight speed DIRK KEMPTHORNE Labor and Human Resources Commit- record in a Navy jet. But then JOHN Mr. FEINGOLD. Mr. President, I tee. But, the strength of his service GLENN has more determination, more want to wish all the best to Senator goes beyond technical skills—DAN KEMPTHORNE as he leaves the Senate. talent and more courage than most of brings honesty, strong principle and Senator KEMPTHORNE and I both joined us can imagine. He must know that he faith to every issue he faces. He does the Senate in 1992, and both, as very is not just respected and famous, he not approach these issues in a shallow junior senators, initially found our- must know that he holds a special or parochial fashion, but instead brings selves with offices in the basement of place in the hearts of his fellow Ameri- perspective to these matters that only the Dirksen building. cans and in American culture, yet comes from faith. Faith shapes what he Senator KEMPTHORNE has always there is no humbler man in the Senate. does. It inspires others. It has inspired demonstrated a strong grasp of policy We admire him for that, we thank him me, an event for which I am most issues, including his work on unfunded for his dedicated service to the U.S. grateful. DAN COATS is generous, kind, mandates, and has always conducted Senate, to the people of Ohio and to loving and courteous. He is also coura- himself with the highest degree of pro- America. We wish him every success on geous. He cares about our nation and fessionalism in the Senate. I thank him his next mission, and wish him all the he wants it to achieve its highest and for his service, and wish him well in his best in his retirement. best goals. He knows that coarseness, new endeavors. DAN COATS selfishness, dishonesty, and meanness Now he returns to Idaho to seek the Mr. FEINGOLD. Mr. President, I must not be our norm. So, while DAN office of governor. Whatever happens in want to offer my best wishes to Sen- tended to the daily duties of the Sen- that race, the people of Idaho will ator COATS as he retires from the Sen- ate, he always kept his eye on the per- know that he is a thoughtful man of ate this year. I have enjoyed working manent things. Whether he was work- grace and civility. with him in areas where we agree, and ing quietly behind the scenes, or pas- JOHN GLENN I have always respected his viewpoint sionately on the floor, DAN has sought Mr. FEINGOLD. Mr. President, today when we have differed. He is a gen- to ensure that our nation’s policies re- I want to take this opportunity to tleman in the best tradition of the Sen- sult not only in making us stronger thank Senator JOHN GLENN for his long ate. and richer, but also better. DAN knows, and distinguished service in the United I have appreciated Senator COATS to the depth of his being, that God de- States Senate. He has served this body leadership in several areas, including sires goodness, humility, honesty and with great dignity, and with an unpar- his commitment to the line-item veto, justice more than power, fame and alleled commitment to our country. which I agree can be a powerful tool wealth. Indeed, DAN has steadfastly Of course, Senator GLENN is known against wasteful spending. Senator and in a winsome manner, worked, per- for a great deal more than his Senate COATS has also taken on the issue of haps more than any other Senator, to service, as the first man to orbit the solid waste disposal, calling for more cause the members of this body to earth and a hero in both World War II state discretion over what types of think on these things. He has encour- and the Korean War. But his contribu- waste are disposed of within individual aged us, as the prophet Habakkuk says, tions here in the Senate, all by them- states. In Wisconsin, where we have a ‘‘to walk on my high places’’. He has selves, have made for Senator GLENN strong recycling program and create shown that one person can improve the the legacy of an American hero. less solid waste than many states, we lives of others by articulating and liv- I worked with Senator GLENN in 1993 share Senator COATS’ belief that states ing a message of faith. That DAN is na- on an amendment to the Clean Water deserve to be heard on this issue, and tional president of the Big Brothers or- Act, which was just one of his many ef- not be forced to accept unwelcome gar- ganization is not surprising. He knows forts to focus environmental protection bage. that profound change comes one life at efforts on the Great Lakes region. The Senator COATS has also been a leader a time, not through the expenditure of Great Lakes states owe a great debt to among the ‘‘donor states’’ in ISTEA a few more governmental dollars. And, Senator GLENN for his work in this funding for a more equitable distribu- though he has served in the most exem- area, which has included chairing the tion of highway funds, another issue of plary fashion as a United States Sen- Senate’s Great Lakes Task Force and great importance to Wisconsin, where ator, still, to paraphrase, nothing has helping to get Great Lakes regional of- we again appreciate his commitment so become him as his manner of leav- fices for the Environmental Protection to fairness. ing. He, with grace and diginity, has Agency and the Fish and Wildlife Serv- Senator COATS now voluntarily walks just walked away. DAN knows, he real- ice. away from the Senate, still a young ly knows, that this great Senate, this As the Chair and Ranking Member of man, with humility and dignity, sure earthy pit, too often leads us to be- the Senate Governmental Affairs Com- to find success in private life. As he lieve, by our own pride and self decep- mittee, Senator GLENN has been fair- leaves the Senate, I thank him for his tion, that we control our own destinies, S12598 CONGRESSIONAL RECORD — SENATE October 14, 1998 the destinies of others, and the destiny While our association has been a short vise sentenced criminal offenders. of the world. And, most importantly, one, I have enjoyed and benefitted from ‘‘Subpart C—Grant Program For Video he knows that such price is false. DAN it, and expect that it will continue. Cameras knows that another power controls this f ‘‘SEC. 2521. PROGRAM AUTHORIZED. world, a power far beyond our ‘‘(a) IN GENERAL.—The Director of the Bu- ALLOWING HASKELL INDIAN NA- imaginings. While we have govern- reau of Justice Assistance is authorized to TIONS UNIVERSITY AND THE make grants to States, units of local govern- mental duties to fulfill, we must also SOUTHWESTERN INDIAN POLY- ment, and Indian tribes to purchase video listen to that still, small voice. It is TECHNIC INSTITUTE EACH TO cameras for use by State, local, and tribal not only important to listen, but to CONDUCT A DEMONSTRATION law enforcement agencies in law enforce- obey. DAN does both. He has just ment vehicles. PROJECT walked away from this Senate and the ‘‘(b) USES OF FUNDS.—Grants awarded wise think this decision is foolish. But, Mr. JEFFORDS. Mr. President, I ask under this section shall be— unanimous consent that the Senate ‘‘(1) distributed directly to the State, unit as he leaves this body, and begins a of local government, or Indian tribe; and new period in his life of obedience, proceed to the immediate consider- ‘‘(2) used for the purchase of video cameras none can know precisely what the fu- ation of H.R. 4259, which was received for law enforcement vehicles in the jurisdic- ture will hold anymore than Abraham from the House. tion of the grantee. did when he was called. But, when he The PRESIDING OFFICER. Without ‘‘(c) PREFERENTIAL CONSIDERATION.—In was called, he went. As DAN COATS objection, the clerk will report. awarding grants under this subpart, the Di- The legislative clerk read as follows: rector of the Bureau of Justice Assistance leaves this Senate, we are all saddened may give preferential consideration, if fea- A bill (H.R. 4259) to allow Haskell Indian because we love him, admire him, and sible, to an application from a jurisdiction because we will miss his guidance. Cer- Nations University and the Southwestern In- that— tainly, he has loved us first and up- dian Polytechnic Institute each to conduct a ‘‘(1) has the greatest need for video cam- demonstration project to test the feasibility eras, based on the percentage of law enforce- lifted this senator and others with his and desirability of new personnel manage- example. With grace and strength he ment officers in the department do not have ment policies and procedures, and for other access to a law enforcement vehicle equipped has dropped the trappings of power to purposes. serve in another way. His example, Mr. with a video camera; The Senate proceeded to consider the ‘‘(2) has a violent crime rate at or above President, is bright and pure. We watch bill. the national average as determined by the with love and awe. Godspeed DAN Mr. JEFFORDS. I ask unanimous Federal Bureau of Investigation; or COATS. consent that the bill be considered read ‘‘(3) has not received a block grant under f a third time and passed, the motion to the Local Law Enforcement Block Grant reconsider be laid upon the table, and program described under the heading ‘Vio- RETIREMENT OF SENATOR lent Crime Reduction Programs, State and WENDELL FORD that any statements relating to the Local Law Enforcement Assistance’ of the bill be printed in the RECORD. Mr. SESSIONS. Mr. President, I am Departments of Commerce, Justice, and The PRESIDING OFFICER. Without pleased to join others to comment on State, the Judiciary, and Related Agencies objection, it is so ordered. Appropriations Act, 1998 (Public Law 105– the service provided to America and to The bill (H.R. 4259) was considered 119). Kentucky by WENDELL FORD. While we read the third time and passed. ‘‘(d) MINIMUM AMOUNT.—Unless all eligible were members of different political applications submitted by any State or unit f parties, I often had the opportunity to of local government within such State for a hear him speak on this floor and to ob- OFFICER DALE CLAXTON BULLET grant under this section have been funded, serve him represent his party as a RESISTANT POLICE PROTECTIVE such State, together with grantees within the State (other than Indian tribes), shall be Democratic leader. He is strong, expe- EQUIPMENT ACT OF 1998 allocated in each fiscal year under this sec- rienced, filled with good humor and a Mr. JEFFORDS. Mr. President, I ask tion not less than 0.50 percent of the total tough advocate for his state and for his unanimous consent that the Senate amount appropriated in the fiscal year for beliefs. I was honored to be the presid- proceed to the immediate consider- grants pursuant to this section, except that ing officer for the Senate on the day in ation of Calendar No. 608, S. 2253. the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Is- which WENDELL FORD eclipsed the serv- The PRESIDING OFFICER. The ice record of a host of outstanding Ken- lands shall each be allocated 0.25 percent. clerk will report. ‘‘(e) MAXIMUM AMOUNT.—A qualifying tucky senators and became the longest The legislative clerk read as follows: State, unit of local government, or Indian serving Senator from that great state. A bill (S. 2253) to establish a matching tribe may not receive more than 5 percent of While he loves government, politics grant program to help State and local juris- the total amount appropriated in each fiscal and the debate that goes with this of- dictions purchase bullet resistant equipment year for grants under this section, except fice, he is a family man at heart. He for use by law enforcement departments. that a State, together with the grantees has the sense of a southerner. He re- within the State may not receive more than The PRESIDING OFFICER. Is there 20 percent of the total amount appropriated members his friends and he loves his objection to the immediate consider- in each fiscal year for grants under this sec- state. ation of the bill? tion. He is also independent. I recall one There being no objection, the Senate ‘‘(f) MATCHING FUNDS.—The portion of the late night that we were debating proceeded to consider the bill. costs of a program provided by a grant under whether to limit the high attorneys’ subsection (a) may not exceed 50 percent. AMENDMENT NO. 3825 fees in the tobacco cases. Senator FORD Any funds appropriated by Congress for the (Purpose: To establish a matching grant pro- came on the floor and I noticed him activities of any agency of an Indian tribal gram to help State and local jurisdictions government or the Bureau of Indian Affairs looking my way during the debate. As purchase video cameras for use in law en- performing law enforcement functions on we concluded, he asked if I would yield forcement vehicles) any Indian lands may be used to provide the for a question. I answered his inquiry Mr. JEFFORDS. Mr. President, Sen- non-Federal share of a matching require- as best I could and he firmly nodded. ators TORRICELLI and LEAHY have an ment funded under this subsection. Even though his party was strongly amendment at the desk and ask for its ‘‘(g) ALLOCATION OF FUNDS.—At least half against my amendment, and no one of the funds available under this subpart consideration. shall be awarded to units of local govern- could doubt that WENDELL FORD is a The PRESIDING OFFICER. The ment with fewer than 100,000 residents. good Democrat, he voted for the clerk will report. ‘‘SEC. 2522. APPLICATIONS. amendment and it passed by one vote. The legislative clerk read as follows: ‘‘(a) IN GENERAL.—To request a grant Those are the things that you re- The Senator from Vermont [Mr. JEF- under this subpart, the chief executive of a member and are a good example for all FORDS], for Mr. TORRICELLI, for himself and State, unit of local government, or Indian of us. While we want to be loyal, we are Mr. LEAHY, proposes an amendment num- tribe shall submit an application to the Di- also independent. bered 3825. rector of the Bureau of Justice Assistance in Mr. President, we are losing one of such form and containing such information The amendment is as follows: as the Director may reasonably require. our more notable members. We will Beginning on page 8, strike line 17 and all ‘‘(b) REGULATIONS.—Not later than 90 days miss the richness of his experience, the that follows through page 9, line 6, and insert after the date of the enactment of this sub- sharp debate, and the good humor. the following: part, the Director of the Bureau of Justice October 14, 1998 CONGRESSIONAL RECORD — SENATE S12599 Assistance shall promulgate regulations to SECTION 1. SHORT TITLE. ‘‘(2) has a violent crime rate at or above implement this section (including the infor- This Act may be cited as the ‘‘Officer Dale the national average as determined by the mation that must be included and the re- Claxton Bullet Resistant Police Protective Federal Bureau of Investigation; or quirements that the States, units of local Equipment Act of 1998’’. ‘‘(3) has not received a block grant under government, and Indian tribes must meet) in SEC. 2. FINDINGS; PURPOSE. the Local Law Enforcement Block Grant submitting the applications required under (a) FINDINGS.—Congress finds that— program described under the heading ‘Vio- this section. (1) Officer Dale Claxton of the Cortez, Colo- lent Crime Reduction Programs, State and ‘‘(c) ELIGIBILITY.—A unit of local govern- rado, Police Department was shot and killed Local Law Enforcement Assistance’ of the ment that receives funding under the Local by bullets that passed through the wind- Departments of Commerce, Justice, and Law Enforcement Block Grant program (de- shield of his police car after he stopped a sto- State, the Judiciary, and Related Agencies scribed under the heading ‘Violent Crime Re- len truck, and his life may have been saved Appropriations Act, 1998 (Public Law 105– duction Programs, State and Local Law En- if his police car had been equipped with bul- 119). forcement Assistance’ of the Departments of let resistant equipment; ‘‘(d) MINIMUM AMOUNT.—Unless all eligible Commerce, Justice, and State, the Judiciary, (2) the number of law enforcement officers applications submitted by any State or unit and Related Agencies Appropriations Act, who are killed in the line of duty would sig- of local government within such State for a 1998 (Public Law 105–119)) during a fiscal year nificantly decrease if every law enforcement grant under this section have been funded, in which it submits an application under this officer in the United States had access to ad- such State, together with grantees within subpart shall not be eligible for a grant ditional bullet resistant equipment; the State (other than Indian tribes), shall be under this subpart unless the chief executive (3) according to studies, between 1985 and allocated in each fiscal year under this sec- officer of such unit of local government cer- 1994, 709 law enforcement officers in the tion not less than 0.50 percent of the total tifies and provides an explanation to the Di- United States were feloniously killed in the amount appropriated in the fiscal year for rector that the unit of local government con- line of duty; grants pursuant to this section, except that sidered or will consider using funding re- (4) the Federal Bureau of Investigation es- the United States Virgin Islands, American ceived under the block grant program for timates that the risk of fatality to law en- Samoa, Guam, and the Northern Mariana Is- any or all of the costs relating to the pur- forcement officers while not wearing bullet lands shall each be allocated .25 percent. ‘‘(e) MAXIMUM AMOUNT.—A qualifying chase of video cameras, but did not, or does resistant equipment, such as an armor vest, State, unit of local government, or Indian not expect to use such funds for such pur- is 14 times higher than for officers wearing tribe may not receive more than 5 percent of pose. an armor vest; the total amount appropriated in each fiscal ‘‘SEC. 2523. DEFINITIONS. (5) according to studies, between 1985 and year for grants under this section, except ‘‘For purposes of this subpart— 1994, bullet-resistant materials helped save that a State, together with the grantees ‘‘(1) the term ‘State’ means each of the 50 the lives of more than 2,000 law enforcement within the State may not receive more than States, the District of Columbia, the Com- officers in the United States; and 20 percent of the total amount appropriated monwealth of Puerto Rico, the United States (6) the Executive Committee for Indian in each fiscal year for grants under this sec- Virgin Islands, American Samoa, Guam, and Country Law Enforcement Improvements re- tion. the Northern Mariana Islands; ports that violent crime in Indian country ‘‘(f) MATCHING FUNDS.—The portion of the ‘‘(2) the term ‘unit of local government’ has risen sharply, despite a decrease in the costs of a program provided by a grant under means a county, municipality, town, town- national crime rate, and has concluded that subsection (a) may not exceed 50 percent. ship, village, parish, borough, or other unit there is a ‘‘public safety crisis in Indian Any funds appropriated by Congress for the of general government below the State level; country’’. activities of any agency of an Indian tribal ‘‘(3) the term ‘Indian tribe’ has the same (b) PURPOSE.—The purpose of this Act is to government or the Bureau of Indian Affairs meaning as in section 4(e) of the Indian Self- save lives of law enforcement officers by performing law enforcement functions on Determination and Education Assistance Act helping State, local, and tribal law enforce- any Indian lands may be used to provide the (25 U.S.C. 450b(e)); and ment agencies provide officers with bullet non-Federal share of a matching require- ‘‘(4) the term ‘law enforcement officer’ resistant equipment. ment funded under this subsection. means any officer, agent, or employee of a SEC. 3. MATCHING GRANT PROGRAM FOR LAW ‘‘(g) ALLOCATION OF FUNDS.—At least half State, unit of local government, or Indian ENFORCEMENT BULLET RESISTANT of the funds available under this subpart tribe authorized by law or by a government EQUIPMENT. shall be awarded to units of local govern- agency to engage in or supervise the preven- (a) IN GENERAL.—Part Y of title I of the ment with fewer than 100,000 residents. Omnibus Crime Control and Safe Streets Act tion, detection, or investigation of any viola- ‘‘SEC. 2512. APPLICATIONS. of 1968 is amended— tion of criminal law, or authorized by law to ‘‘(a) IN GENERAL.—To request a grant supervise sentenced criminal offenders.’’. (1) by striking the part designation and under this subpart, the chief executive of a (b) AUTHORIZATION OF APPROPRIATIONS.— part heading and inserting the following: State, unit of local government, or Indian Section 1001(a) of the Omnibus Crime Control ‘‘PART Y—MATCHING GRANT PROGRAMS tribe shall submit an application to the Di- and Safe Streets Act of 1968 (42 U.S.C. FOR LAW ENFORCEMENT rector of the Bureau of Justice Assistance in 3793(a)) is amended by striking paragraph ‘‘Subpart A—Grant Program For Armor such form and containing such information (23) and inserting the following: Vests’’; as the Director may reasonably require. ‘‘(23) There are authorized to be appro- ‘‘(b) REGULATIONS.—Not later than 90 days priated to carry out part Y— (2) by striking ‘‘this part’’ each place that term appears and inserting ‘‘this subpart’’; after the date of the enactment of this sub- ‘‘(A) $25,000,000 for each of fiscal years 1999 part, the Director of the Bureau of Justice through 2001 for grants under subpart A of and (3) by adding at the end the following: Assistance shall promulgate regulations to that part; implement this section (including the infor- ‘‘(B) $40,000,000 for each of fiscal years 1999 ‘‘Subpart B—Grant Program For Bullet mation that must be included and the re- through 2001 for grants under subpart B of Resistant Equipment quirements that the States, units of local that part; and ‘‘SEC. 2511. PROGRAM AUTHORIZED. government, and Indian tribes must meet) in ‘‘(B) $25,000,000 for each of fiscal years 1999 ‘‘(a) IN GENERAL.—The Director of the Bu- submitting the applications required under through 2001 for grants under subpart C of reau of Justice Assistance is authorized to this section. that part.’’. make grants to States, units of local govern- ‘‘(c) ELIGIBILITY.—A unit of local govern- Mr. JEFFORDS. I ask unanimous ment, and Indian tribes to purchase bullet ment that receives funding under the Local consent that the amendment be consid- resistant equipment for use by State, local, Law Enforcement Block Grant program (de- ered read and agreed to, the bill be read and tribal law enforcement officers. scribed under the heading ‘Violent Crime Re- a third time and passed, the motion to ‘‘(b) USES OF FUNDS.—Grants awarded duction Programs, State and Local Law En- under this section shall be— forcement Assistance’ of the Departments of reconsider be laid upon the table and ‘‘(1) distributed directly to the State, unit Commerce, Justice, and State, the Judiciary, any statements relating to the bill ap- of local government, or Indian tribe; and and Related Agencies Appropriations Act, pear in the RECORD. ‘‘(2) used for the purchase of bullet resist- 1998 (Public Law 105–119)) during a fiscal year The PRESIDING OFFICER. Without ant equipment for law enforcement officers in which it submits an application under this objection, it is so ordered. in the jurisdiction of the grantee. subpart shall not be eligible for a grant The amendment (No. 3825) was agreed ‘‘(c) PREFERENTIAL CONSIDERATION.—In under this subpart unless the chief executive to. awarding grants under this subpart, the Di- officer of such unit of local government cer- The bill (S. 2253), as amended, was rector of the Bureau of Justice Assistance tifies and provides an explanation to the Di- considered read the third time and may give preferential consideration, if fea- rector that the unit of local government con- sible, to an application from a jurisdiction sidered or will consider using funding re- passed, as follows: that— ceived under the block grant program for S. 2253 ‘‘(1) has the greatest need for bullet resist- any or all of the costs relating to the pur- Be it enacted by the Senate and House of Rep- ant equipment based on the percentage of chase of bullet resistant equipment, but did resentatives of the United States of America in law enforcement officers in the department not, or does not expect to use such funds for Congress assembled, who do not have access to a vest; such purpose. S12600 CONGRESSIONAL RECORD — SENATE October 14, 1998 ‘‘SEC. 2513. DEFINITIONS. in each fiscal year for grants under this sec- ‘‘(B) $40,000,000 for each of fiscal years 1999 ‘‘For purposes of this subpart— tion. through 2001 for grants under subpart B of ‘‘(1) the term ‘equipment’ means wind- ‘‘(f) MATCHING FUNDS.—The portion of the that part; and shield glass, car panels, shields, and protec- costs of a program provided by a grant under ‘‘(C) $25,000,000 for each of fiscal years 1999 tive gear; subsection (a) may not exceed 50 percent. through 2001 for grants under subpart C of ‘‘(2) the term ‘State’ means each of the 50 Any funds appropriated by Congress for the that part.’’. States, the District of Columbia, the Com- activities of any agency of an Indian tribal SEC. 4. SENSE OF THE CONGRESS. monwealth of Puerto Rico, the United States government or the Bureau of Indian Affairs In the case of any equipment or products Virgin Islands, American Samoa, Guam, and performing law enforcement functions on that may be authorized to be purchased with the Northern Mariana Islands; any Indian lands may be used to provide the financial assistance provided using funds ap- ‘‘(3) the term ‘unit of local government’ non-Federal share of a matching require- propriated or otherwise made available by means a county, municipality, town, town- ment funded under this subsection. this Act, it is the sense of the Congress that ‘‘(g) ALLOCATION OF FUNDS.—At least half ship, village, parish, borough, or other unit entities receiving the assistance should, in of the funds available under this subpart of general government below the State level; expending the assistance, purchase only ‘‘(4) the term ‘Indian tribe’ has the same shall be awarded to units of local govern- ment with fewer than 100,000 residents. American-made equipment and products. meaning as in section 4(e) of the Indian Self- SEC. 5. TECHNOLOGY DEVELOPMENT. Determination and Education Assistance Act ‘‘SEC. 2522. APPLICATIONS. Section 202 of title I of the Omnibus Crime (25 U.S.C. 450b(e)); and ‘‘(a) IN GENERAL.—To request a grant Control and Safe Streets Act of 1968 (42 ‘‘(5) the term ‘law enforcement officer’ under this subpart, the chief executive of a U.S.C. 3722) is amended by adding at the end means any officer, agent, or employee of a State, unit of local government, or Indian the following: State, unit of local government, or Indian tribe shall submit an application to the Di- ‘‘(e) BULLET RESISTANT TECHNOLOGY DE- tribe authorized by law or by a government rector of the Bureau of Justice Assistance in VELOPMENT.— agency to engage in or supervise the preven- such form and containing such information ‘‘(1) IN GENERAL.—The Institute is author- tion, detection, or investigation of any viola- as the Director may reasonably require. ‘‘(b) REGULATIONS.—Not later than 90 days ized to— tion of criminal law, or authorized by law to after the date of the enactment of this sub- ‘‘(A) conduct research and otherwise work supervise sentenced criminal offenders. part, the Director of the Bureau of Justice to develop new bullet resistant technologies ‘‘Subpart C—Grant Program For Video Assistance shall promulgate regulations to (i.e., acrylic, polymers, aluminized material, Cameras implement this section (including the infor- and transparent ceramics) for use in police ‘‘SEC. 2521. PROGRAM AUTHORIZED. mation that must be included and the re- equipment (including windshield glass, car ‘‘(a) IN GENERAL.—The Director of the Bu- quirements that the States, units of local panels, shields, and protective gear); reau of Justice Assistance is authorized to government, and Indian tribes must meet) in ‘‘(B) inventory bullet resistant tech- make grants to States, units of local govern- submitting the applications required under nologies used in the private sector, in sur- ment, and Indian tribes to purchase video this section. plus military property, and by foreign coun- cameras for use by State, local, and tribal ‘‘(c) ELIGIBILITY.—A unit of local govern- tries; law enforcement agencies in law enforce- ment that receives funding under the Local ‘‘(C) promulgate relevant standards for, ment vehicles. Law Enforcement Block Grant program (de- and conduct technical and operational test- ‘‘(b) USES OF FUNDS.—Grants awarded scribed under the heading ‘Violent Crime Re- ing and evaluation of, bullet resistant tech- under this section shall be— duction Programs, State and Local Law En- nology and equipment, and otherwise facili- ‘‘(1) distributed directly to the State, unit forcement Assistance’ of the Departments of tate the use of that technology in police of local government, or Indian tribe; and Commerce, Justice, and State, the Judiciary, equipment. ‘‘(2) used for the purchase of video cameras and Related Agencies Appropriations Act, ‘‘(2) PRIORITY.—In carrying out this sub- for law enforcement vehicles in the jurisdic- 1998 (Public Law 105–119)) during a fiscal year section, the Institute shall give priority in tion of the grantee. in which it submits an application under this testing and engineering surveys to law en- ‘‘(c) PREFERENTIAL CONSIDERATION.—In subpart shall not be eligible for a grant forcement partnerships developed in coordi- awarding grants under this subpart, the Di- under this subpart unless the chief executive nation with High Intensity Drug Trafficking rector of the Bureau of Justice Assistance officer of such unit of local government cer- Areas. may give preferential consideration, if fea- tifies and provides an explanation to the Di- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— sible, to an application from a jurisdiction rector that the unit of local government con- There is authorized to be appropriated to that— sidered or will consider using funding re- carry out this subsection $3,000,000 for fiscal ‘‘(1) has the greatest need for video cam- ceived under the block grant program for years 1999 through 2001.’’. eras, based on the percentage of law enforce- any or all of the costs relating to the pur- f ment officers in the department do not have chase of video cameras, but did not, or does access to a law enforcement vehicle equipped not expect to use such funds for such pur- AUTHORIZING TESTIMONY AND with a video camera; pose. REPRESENTATION IN BCCI HOLD- ‘‘(2) has a violent crime rate at or above ‘‘SEC. 2523. DEFINITIONS. INGS (LUXEMBOURG), S.A., ET the national average as determined by the ‘‘For purposes of this subpart— AL. V. ABDUL RAOUF HASAN Federal Bureau of Investigation; or ‘‘(1) the term ‘State’ means each of the 50 KHALIL, ET AL. ‘‘(3) has not received a block grant under States, the District of Columbia, the Com- the Local Law Enforcement Block Grant monwealth of Puerto Rico, the United States Mr. JEFFORDS. Mr. President, I ask program described under the heading ‘Vio- Virgin Islands, American Samoa, Guam, and unanimous consent that the Senate lent Crime Reduction Programs, State and the Northern Mariana Islands; proceed to the immediate consider- Local Law Enforcement Assistance’ of the ‘‘(2) the term ‘unit of local government’ ation of S. Res. 299, submitted earlier Departments of Commerce, Justice, and means a county, municipality, town, town- by Senators LOTT and DASCHLE. State, the Judiciary, and Related Agencies ship, village, parish, borough, or other unit The PRESIDING OFFICER. The Appropriations Act, 1998 (Public Law 105– of general government below the State level; clerk will report. 119). ‘‘(3) the term ‘Indian tribe’ has the same ‘‘(d) MINIMUM AMOUNT.—Unless all eligible meaning as in section 4(e) of the Indian Self- The legislative clerk read as follows: applications submitted by any State or unit Determination and Education Assistance Act A resolution (S. Res. 299) to authorize tes- of local government within such State for a (25 U.S.C. 450b(e)); and timony and representation in BCCI Holdings grant under this section have been funded, ‘‘(4) the term ‘law enforcement officer’ (Luxembourg), S.A., et al. v. Abdul Raouf such State, together with grantees within means any officer, agent, or employee of a Hasan Khalil, et al. the State (other than Indian tribes), shall be State, unit of local government, or Indian The PRESIDING OFFICER. Is there allocated in each fiscal year under this sec- tribe authorized by law or by a government objection to the immediate consider- tion not less than 0.50 percent of the total agency to engage in or supervise the preven- ation of the resolution? amount appropriated in the fiscal year for tion, detection, or investigation of any viola- grants pursuant to this section, except that tion of criminal law, or authorized by law to There being no objection, the Senate the United States Virgin Islands, American supervise sentenced criminal offenders.’’. proceeded to consider the resolution. Samoa, Guam, and the Northern Mariana Is- (b) AUTHORIZATION OF APPROPRIATIONS.— Mr. LOTT. Mr. President, the case of lands shall each be allocated 0.25 percent. Section 1001(a) of the Omnibus Crime Control BCCI Holdings (Luxembourg), S.A., et ‘‘(e) MAXIMUM AMOUNT.—A qualifying and Safe Streets Act of 1968 (42 U.S.C. al. versus Abdul Raouf Hasan Khalil, et State, unit of local government, or Indian 3793(a)) is amended by striking paragraph al., pending in the District Court for tribe may not receive more than 5 percent of (23) and inserting the following: the District of Columbia, is a civil ac- the total amount appropriated in each fiscal ‘‘(23) There are authorized to be appro- year for grants under this section, except priated to carry out part Y— tion brought by court-appointed fidu- that a State, together with the grantees ‘‘(A) $25,000,000 for each of fiscal years 1999 ciaries of the Bank of Credit and Com- within the State may not receive more than through 2001 for grants under subpart A of merce, International, known as BCCI, 20 percent of the total amount appropriated that part; to recover on behalf of depositors and October 14, 1998 CONGRESSIONAL RECORD — SENATE S12601 creditors of BCCI funds wrongfully di- nection with the testimony authorized by capacity, (ii) inducing such party, official, or verted from the bank. section one of this resolution. candidate to do or omit to do an act in violation Between 1988 and 1992, the Sub- f of the lawful duty of such party, official, or candidate, or (iii) securing any improper advan- committee on Terrorism, Narcotics and AUTHORIZING PAYMENT OF SALA- International Operations of the Com- tage; or’’; and RIES AND EXPENSES OF PATENT (3) by amending subparagraph (A) of para- mittee on Foreign Relations, under the AND TRADEMARK OFFICE graph (3) to read as follows: leadership of Senator JOHN KERRY and ‘‘(A)(i) influencing any act or decision of such Senator HANK BROWN, conducted a Mr. JEFFORDS. Mr. President, I ask foreign official, political party, party official, or wide-ranging investigation into BCCI. unanimous consent that the Judiciary candidate in his or its official capacity, (ii) in- As the Subcommittee described in its Committee be discharged from further ducing such foreign official, political party, report to the Foreign Relations Com- consideration of H.R. 3723 and that the party official, or candidate to do or omit to do mittee, one of the individuals with Senate then proceed to its immediate any act in violation of the lawful duty of such whom the Subcommittee staff met dur- consideration. foreign official, political party, party official, or ing its investigations may have used The PRESIDING OFFICER. Without candidate, or (iii) securing any improper advan- tage; or’’. his contacts with the Subcommittee to objection, it is so ordered. The clerk (b) OFFICIALS OF INTERNATIONAL ORGANIZA- will report. extort money from BCCI. The court-ap- TIONS.—Paragraph (1) of section 30A(f) of the pointed fiduciaries are seeking to re- The legislative clerk read as follows: Securities Exchange Act of 1934 (15 U.S.C. 78dd– cover any such improperly diverted A bill (H.R. 3723) to authorize funds for the 1(f)(1)) is amended to read as follows: funds. As a part of that effort, the fidu- payment of salaries and expenses of the Pat- ‘‘(1)(A) The term ‘foreign official’ means any ciaries are seeking testimony from a ent and Trademark Office, and for other pur- officer or employee of a foreign government or former Subcommittee counsel, Jack poses. any department, agency, or instrumentality Blum, about his contacts with the The Senate proceeded to consider the thereof, or of a public international organiza- BCCI employee. bill. tion, or any person acting in an official capac- ity for or on behalf of any such government or Both Senator KERRY and the Com- Mr. JEFFORDS. Mr. President, I ask department, agency, or instrumentality, or for mittee believe that it is appropriate to unanimous consent that the bill be or on behalf of any such public international authorize the testimony requested on read a third time and passed; that the organization. this subject. This resolution would ac- motion to reconsider be laid upon the ‘‘(B) For purposes of subparagraph (A), the cordingly authorize Mr. Blum to tes- table; and that any statements relating term ‘public international organization’ tify about this subject and to be rep- to the bill be printed at the appropriate means— resented by the Senate Legal Counsel place in the RECORD. ‘‘(i) an organization that is designated by Ex- in connection with the testimony. The PRESIDING OFFICER. Without ecutive order pursuant to section 1 of the Inter- Mr. JEFFORDS. Mr. President, I ask objection, it is so ordered. national Organizations Immunities Act (22 unanimous consent the resolution be U.S.C. 288); or The bill (H.R. 3723) was considered ‘‘(ii) any other international organization agreed to, the preamble be agreed to, read the third time and passed. the motion to reconsider be laid upon that is designated by the President by Executive f order for the purposes of this section, effective the table, and any statements relating as of the date of publication of such order in the to the resolution be printed in the INTERNATIONAL ANTI-BRIBERY Federal Register.’’. RECORD. ACT OF 1998 (c) ALTERNATIVE JURISDICTION OVER ACTS The PRESIDING OFFICER. Without Mr. JEFFORDS. Mr. President, I ask OUTSIDE THE UNITED STATES.—Section 30A of objection, it is so ordered. the Chair lay before the Senate a mes- the Securities Exchange Act of 1934 (15 U.S.C. The resolution (S. Res. 299) was sage from the House of Representatives 78dd–1) is amended— (1) by adding at the end the following: agreed to. on the bill (S. 2375) to amend the Secu- The preamble was agreed to. ‘‘(g) ALTERNATIVE JURISDICTION.— The resolution, with its preamble, rities Exchange Act of 1934 and the ‘‘(1) It shall also be unlawful for any issuer reads as follows: Foreign Corrupt Practices Act of 1977, organized under the laws of the United States, to strengthen prohibitions on inter- or a State, territory, possession, or common- S. RES. 299 national bribery and other corrupt wealth of the United States or a political sub- Whereas, in the case of BCCI Holdings (Lux- division thereof and which has a class of securi- embourg), S.A., et al. v. Abdul Raouf Hasan practices, and for other purposes. ties registered pursuant to section 12 of this title Khalil, et al., C.A. No. 95–1252 (JHG), pending The PRESIDING OFFICER laid be- or which is required to file reports under section in the United States District Court for the fore the Senate the following message 15(d) of this title, or for any United States per- District of Columbia, the plaintiffs have re- from the House of Representatives: son that is an officer, director, employee, or quested testimony from Jack Blum, a former Resolved, That the bill from the Senate (S. agent of such issuer or a stockholder thereof employee on the staff of the Committee on 2375) entitled ‘‘An Act to amend the Securi- acting on behalf of such issuer, to corruptly do Foreign Relations; ties Exchange Act of 1934 and the Foreign any act outside the United States in furtherance Whereas, pursuant to sections 703(a) and Corrupt Practices Act of 1977, to strengthen 704(a)(2) of the Ethics in Government Act of of an offer, payment, promise to pay, or author- prohibitions on international bribery and ization of the payment of any money, or offer, 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the other corrupt practices, and for other pur- Senate may direct its counsel to represent gift, promise to give, or authorization of the giv- poses’’, do pass with the following amend- ing of anything of value to any of the persons Members, officers, and employees of the Sen- ments: ate with respect to any subpoena, order, or or entities set forth in paragraphs (1), (2), and Strike out all after the enacting clause and (3) of subsection (a) of this section for the pur- request for testimony relating to their offi- insert: cial responsibilities; poses set forth therein, irrespective of whether Whereas, by the privileges of the Senate of SECTION 1. SHORT TITLE. such issuer or such officer, director, employee, the United States and Rule XI of the Stand- This Act may be cited as the ‘‘International agent, or stockholder makes use of the mails or ing Rules of the Senate, no evidence under Anti-Bribery and Fair Competition Act of 1998’’. any means or instrumentality of interstate com- the control or in the possession of the Senate SEC. 2. AMENDMENTS TO THE FOREIGN CORRUPT merce in furtherance of such offer, gift, pay- may, by the judicial or administrative proc- PRACTICES ACT GOVERNING ment, promise, or authorization. ess, be taken from such control or possession ISSUERS. ‘‘(2) As used in this subsection, the term but by permission of the Senate; (a) PROHIBITED CONDUCT.—Section 30A(a) of ‘United States person’ means a national of the Whereas, when it appears that evidence the Securities Exchange Act of 1934 (15 U.S.C. United States (as defined in section 101 of the under the control or in the possession of the 78dd–1(a)) is amended— Immigration and Nationality Act (8 U.S.C. Senate may promote the administration of (1) by amending subparagraph (A) of para- 1101)) or any corporation, partnership, associa- justice, the Senate will take such action as graph (1) to read as follows: tion, joint-stock company, business trust, unin- will promote the ends of justice consistently ‘‘(A)(i) influencing any act or decision of such corporated organization, or sole proprietorship with the privileges of the Senate: Now, foreign official in his official capacity, (ii) in- organized under the laws of the United States or therefore, be it ducing such foreign official to do or omit to do any State, territory, possession, or common- Resolved, That Jack Blum is authorized to any act in violation of the lawful duty of such wealth of the United States, or any political testify in the case of BCCI Holdings (Luxem- official, or (iii) securing any improper advan- subdivision thereof.’’; bourg), S.A., et al. v. Abdul Raouf Hasan tage; or’’; (2) in subsection (b), by striking ‘‘Subsection Khalil, et al., except concerning matters for (2) by amending subparagraph (A) of para- (a)’’ and inserting ‘‘Subsections (a) and (g)’’; which a privilege should be asserted. graph (2) to read as follows: and SEC. 2. That the Senate Legal Counsel is ‘‘(A)(i) influencing any act or decision of such (3) in subsection (c), by striking ‘‘subsection authorized to represent Jack Blum in con- party, official, or candidate in its or his official (a)’’ and inserting ‘‘subsection (a) or (g)’’. S12602 CONGRESSIONAL RECORD — SENATE October 14, 1998

(d) PENALTIES.—Section 32(c) of the Securities Foreign Corrupt Practices Act of 1977 (15 U.S.C. give, or authorization of the giving of anything Exchange Act of 1934 (15 U.S.C. 78ff(c)) is 78dd–2(h)) is amended to read as follows: of value to— amended— ‘‘(2)(A) The term ‘foreign official’ means any ‘‘(1) any foreign official for purposes of— (1) in paragraph (1)(A), by striking ‘‘section officer or employee of a foreign government or ‘‘(A)(i) influencing any act or decision of such 30A(a)’’ and inserting ‘‘subsection (a) or (g) of any department, agency, or instrumentality foreign official in his official capacity, (ii) in- section 30A’’; thereof, or of a public international organiza- ducing such foreign official to do or omit to do (2) in paragraph (1)(B), by striking ‘‘section tion, or any person acting in an official capac- any act in violation of the lawful duty of such 30A(a)’’ and inserting ‘‘subsection (a) or (g) of ity for or on behalf of any such government or official, or (iii) securing any improper advan- section 30A’’; and department, agency, or instrumentality, or for tage; or (3) by amending paragraph (2) to read as fol- or on behalf of any such public international ‘‘(B) inducing such foreign official to use his lows: organization. influence with a foreign government or instru- ‘‘(2)(A) Any officer, director, employee, or ‘‘(B) For purposes of subparagraph (A), the mentality thereof to affect or influence any act agent of an issuer, or stockholder acting on be- term ‘public international organization’ or decision of such government or instrumental- half of such issuer, who willfully violates sub- means— ity, section (a) or (g) of section 30A of this title shall ‘‘(i) an organization that is designated by Ex- in order to assist such person in obtaining or re- be fined not more than $100,000, or imprisoned ecutive order pursuant to section 1 of the Inter- taining business for or with, or directing busi- not more than 5 years, or both. national Organizations Immunities Act (22 ness to, any person; ‘‘(B) Any officer, director, employee, or agent U.S.C. 288); or ‘‘(2) any foreign political party or official of an issuer, or stockholder acting on behalf of ‘‘(ii) any other international organization thereof or any candidate for foreign political of- such issuer, who violates subsection (a) or (g) of that is designated by the President by Executive fice for purposes of— section 30A of this title shall be subject to a civil order for the purposes of this section, effective ‘‘(A)(i) influencing any act or decision of such penalty of not more than $10,000 imposed in an as of the date of publication of such order in the party, official, or candidate in its or his official action brought by the Commission.’’. Federal Register.’’. capacity, (ii) inducing such party, official, or SEC. 3. AMENDMENTS TO THE FOREIGN CORRUPT (d) ALTERNATIVE JURISDICTION OVER ACTS candidate to do or omit to do an act in violation PRACTICES ACT GOVERNING DOMES- OUTSIDE THE UNITED STATES.—Section 104 of TIC CONCERNS. of the lawful duty of such party, official, or the Foreign Corrupt Practices Act of 1977 (15 candidate, or (iii) securing any improper advan- (a) PROHIBITED CONDUCT.—Section 104(a) of U.S.C. 78dd–2) is further amended— the Foreign Corrupt Practices Act of 1977 (15 tage; or (1) by adding at the end the following: ‘‘(B) inducing such party, official, or can- U.S.C. 78dd–2(a)) is amended— ‘‘(i) ALTERNATIVE JURISDICTION.— (1) by amending subparagraph (A) of para- didate to use its or his influence with a foreign ‘‘(1) It shall also be unlawful for any United government or instrumentality thereof to affect graph (1) to read as follows: States person to corruptly do any act outside ‘‘(A)(i) influencing any act or decision of such or influence any act or decision of such govern- the United States in furtherance of an offer, ment or instrumentality, foreign official in his official capacity, (ii) in- payment, promise to pay, or authorization of ducing such foreign official to do or omit to do the payment of any money, or offer, gift, prom- in order to assist such person in obtaining or re- any act in violation of the lawful duty of such ise to give, or authorization of the giving of taining business for or with, or directing busi- official, or (iii) securing any improper advan- anything of value to any of the persons or enti- ness to, any person; or tage; or’’; ties set forth in paragraphs (1), (2), and (3) of ‘‘(3) any person, while knowing that all or a (2) by amending subparagraph (A) of para- subsection (a), for the purposes set forth there- portion of such money or thing of value will be graph (2) to read as follows: in, irrespective of whether such United States offered, given, or promised, directly or indi- ‘‘(A)(i) influencing any act or decision of such person makes use of the mails or any means or rectly, to any foreign official, to any foreign po- party, official, or candidate in its or his official instrumentality of interstate commerce in fur- litical party or official thereof, or to any can- capacity, (ii) inducing such party, official, or therance of such offer, gift, payment, promise, didate for foreign political office, for purposes candidate to do or omit to do an act in violation or authorization. of— of the lawful duty of such party, official, or ‘‘(2) As used in this subsection, the term ‘‘(A)(i) influencing any act or decision of such candidate, or (iii) securing any improper advan- ‘United States person’ means a national of the foreign official, political party, party official, or tage; or’’; and candidate in his or its official capacity, (ii) in- (3) by amending subparagraph (A) of para- United States (as defined in section 101 of the Immigration and Nationality Act (8 U.S.C. ducing such foreign official, political party, graph (3) to read as follows: party official, or candidate to do or omit to do ‘‘(A)(i) influencing any act or decision of such 1101)) or any corporation, partnership, associa- tion, joint-stock company, business trust, unin- any act in violation of the lawful duty of such foreign official, political party, party official, or foreign official, political party, party official, or candidate in his or its official capacity, (ii) in- corporated organization, or sole proprietorship organized under the laws of the United States or candidate, or (iii) securing any improper advan- ducing such foreign official, political party, tage; or party official, or candidate to do or omit to do any State, territory, possession, or common- wealth of the United States, or any political ‘‘(B) inducing such foreign official, political any act in violation of the lawful duty of such party, party official, or candidate to use his or foreign official, political party, party official, or subdivision thereof.’’; (2) in subsection (b), by striking ‘‘Subsection its influence with a foreign government or in- candidate, or (iii) securing any improper advan- strumentality thereof to affect or influence any tage; or’’. (a)’’ and inserting ‘‘Subsections (a) and (i)’’; (3) in subsection (c), by striking ‘‘subsection act or decision of such government or instru- (b) PENALTIES.—Section 104(g) of the Foreign mentality, Corrupt Practices Act of 1977 (15 U.S.C. 78dd– (a)’’ and inserting ‘‘subsection (a) or (i)’’; and 2(g)) is amended— (4) in subsection (d)(1), by striking ‘‘sub- in order to assist such person in obtaining or re- (1) by amending subsection (g)(1) to read as section (a)’’ and inserting ‘‘subsection (a) or taining business for or with, or directing busi- follows: (i)’’. ness to, any person. ‘‘(g)(1)(A) PENALTIES.—Any domestic concern (e) TECHNICAL AMENDMENT.—Section ‘‘(b) EXCEPTION FOR ROUTINE GOVERNMENTAL that is not a natural person and that violates 104(h)(4)(A) of the Foreign Corrupt Practices ACTION.—Subsection (a) of this section shall not subsection (a) or (i) of this section shall be fined Act of 1977 (15 U.S.C. 78dd–2(h)(4)(A)) is amend- apply to any facilitating or expediting payment not more than $2,000,000. ed by striking ‘‘For purposes of paragraph (1), to a foreign official, political party, or party of- ‘‘(B) Any domestic concern that is not a natu- the’’ and inserting ‘‘The’’. ficial the purpose of which is to expedite or to ral person and that violates subsection (a) or (i) SEC. 4. AMENDMENTS TO THE FOREIGN CORRUPT secure the performance of a routine govern- of this section shall be subject to a civil penalty PRACTICES ACT GOVERNING OTHER mental action by a foreign official, political of not more than $10,000 imposed in an action PERSONS. party, or party official. brought by the Attorney General.’’; and Title I of the Foreign Corrupt Practices Act of ‘‘(c) AFFIRMATIVE DEFENSES.—It shall be an (2) by amending paragraph (2) to read as fol- 1977 is amended by inserting after section 104 (15 affirmative defense to actions under subsection lows: U.S.C. 78dd–2) the following new section: (a) of this section that— ‘‘(2)(A) Any natural person that is an officer, ‘‘SEC. 104A. PROHIBITED FOREIGN TRADE PRAC- ‘‘(1) the payment, gift, offer, or promise of director, employee, or agent of a domestic con- TICES BY PERSONS OTHER THAN anything of value that was made, was lawful cern, or stockholder acting on behalf of such do- ISSUERS OR DOMESTIC CONCERNS. under the written laws and regulations of the mestic concern, who willfully violates subsection ‘‘(a) PROHIBITION.—It shall be unlawful for foreign official’s, political party’s, party offi- (a) or (i) of this section shall be fined not more any person other than an issuer that is subject cial’s, or candidate’s country; or than $100,000 or imprisoned not more than 5 to section 30A of the Securities Exchange Act of ‘‘(2) the payment, gift, offer, or promise of years, or both. 1934 or a domestic concern (as defined in section anything of value that was made, was a reason- ‘‘(B) Any natural person that is an officer, di- 104 of this Act), or for any officer, director, em- able and bona fide expenditure, such as travel rector, employee, or agent of a domestic concern, ployee, or agent of such person or any stock- and lodging expenses, incurred by or on behalf or stockholder acting on behalf of such domestic holder thereof acting on behalf of such person, of a foreign official, party, party official, or concern, who violates subsection (a) or (i) of while in the territory of the United States, cor- candidate and was directly related to— this section shall be subject to a civil penalty of ruptly to make use of the mails or any means or ‘‘(A) the promotion, demonstration, or expla- not more than $10,000 imposed in an action instrumentality of interstate commerce or to do nation of products or services; or brought by the Attorney General.’’. any other act in furtherance of an offer, pay- ‘‘(B) the execution or performance of a con- (c) OFFICIALS OF INTERNATIONAL ORGANIZA- ment, promise to pay, or authorization of the tract with a foreign government or agency TIONS.—Paragraph (2) of section 104(h) of the payment of any money, or offer, gift, promise to thereof. October 14, 1998 CONGRESSIONAL RECORD — SENATE S12603

‘‘(d) INJUNCTIVE RELIEF.— or on behalf of any such public international (b) TREATMENT AS PUBLIC INTERNATIONAL OR- ‘‘(1) When it appears to the Attorney General organization. GANIZATIONS.— that any person to which this section applies, or ‘‘(B) For purposes of subparagraph (A), the (1) TREATMENT.—An international organiza- officer, director, employee, agent, or stockholder term ‘public international organization’ tion providing commercial communications serv- thereof, is engaged, or about to engage, in any means— ices shall be treated as a public international or- act or practice constituting a violation of sub- ‘‘(i) an organization that is designated by Ex- ganization for purposes of section 30A of the Se- section (a) of this section, the Attorney General ecutive order pursuant to section 1 of the Inter- curities Exchange Act of 1934 (15 U.S.C. 78dd–1) may, in his discretion, bring a civil action in an national Organizations Immunities Act (22 and sections 104 and 104A of the Foreign Cor- appropriate district court of the United States to U.S.C. 288); or rupt Practices Act of 1977 (15 U.S.C. 78dd–2) enjoin such act or practice, and upon a proper ‘‘(ii) any other international organization until such time as the President certifies to the showing, a permanent injunction or a tem- that is designated by the President by Executive Committee on Commerce of the House of Rep- porary restraining order shall be granted with- order for the purposes of this section, effective resentatives and the Committees on Banking, out bond. as of the date of publication of such order in the Housing and Urban Affairs and Commerce, ‘‘(2) For the purpose of any civil investigation Federal Register. Science, and Transportation that such inter- which, in the opinion of the Attorney General, ‘‘(3)(A) A person’s state of mind is knowing, national organization providing commercial is necessary and proper to enforce this section, with respect to conduct, a circumstance or a re- communications services has achieved a pro- the Attorney General or his designee are empow- sult if— competitive privatization. ered to administer oaths and affirmations, sub- ‘‘(i) such person is aware that such person is (2) LIMITATION ON EFFECT OF TREATMENT.— poena witnesses, take evidence, and require the engaging in such conduct, that such cir- The requirement for a certification under para- production of any books, papers, or other docu- cumstance exists, or that such result is substan- graph (1), and any certification made under ments which the Attorney General deems rel- tially certain to occur; or such paragraph, shall not be construed to affect evant or material to such investigation. The at- ‘‘(ii) such person has a firm belief that such the administration by the Federal Communica- tendance of witnesses and the production of circumstance exists or that such result is sub- tions Commission of the Communications Act of documentary evidence may be required from any stantially certain to occur. 1934 in authorizing the provision of services to, place in the United States, or any territory, pos- ‘‘(B) When knowledge of the existence of a from, or within the United States over space seg- session, or commonwealth of the United States, particular circumstance is required for an of- ment of the international satellite organizations, at any designated place of hearing. fense, such knowledge is established if a person or the privatized affiliates or successors thereof. ‘‘(3) In case of contumacy by, or refusal to is aware of a high probability of the existence of (c) EXTENSION OF LEGAL PROCESS.— obey a subpoena issued to, any person, the At- such circumstance, unless the person actually (1) IN GENERAL.—Except as specifically and torney General may invoke the aid of any court believes that such circumstance does not exist. expressly required by mandatory obligations in of the United States within the jurisdiction of ‘‘(4)(A) The term ‘routine governmental ac- international agreements to which the United which such investigation or proceeding is car- tion’ means only an action which is ordinarily States is a party, an international organization ried on, or where such person resides or carries and commonly performed by a foreign official providing commercial communications services, on business, in requiring the attendance and in— its officials and employees, and its records shall ‘‘(i) obtaining permits, licenses, or other offi- testimony of witnesses and the production of not be accorded immunity from suit or legal cial documents to qualify a person to do busi- books, papers, or other documents. Any such process for any act or omission taken in connec- ness in a foreign country; tion with such organization’s capacity as a pro- court may issue an order requiring such person ‘‘(ii) processing governmental papers, such as vider, directly or indirectly, of commercial tele- to appear before the Attorney General or his visas and work orders; communications services to, from, or within the designee, there to produce records, if so ordered, ‘‘(iii) providing police protection, mail pick-up United States. or to give testimony touching the matter under and delivery, or scheduling inspections associ- (2) NO EFFECT ON PERSONAL LIABILITY.—Para- investigation. Any failure to obey such order of ated with contract performance or inspections graph (1) shall not affect any immunity from the court may be punished by such court as a related to transit of goods across country; personal liability of any individual who is an contempt thereof. ‘‘(iv) providing phone service, power and official or employee of an international organi- ‘‘(4) All process in any such case may be water supply, loading and unloading cargo, or zation providing commercial communications served in the judicial district in which such per- protecting perishable products or commodities services. son resides or may be found. The Attorney Gen- from deterioration; or (d) ELIMINATION OR LIMITATION OF EXCEP- eral may make such rules relating to civil inves- ‘‘(v) actions of a similar nature. tigations as may be necessary or appropriate to ‘‘(B) The term ‘routine governmental action’ TIONS.—The President and the Federal Commu- implement the provisions of this subsection. does not include any decision by a foreign offi- nications Commission shall, in a manner that is ‘‘(e) PENALTIES.— cial whether, or on what terms, to award new consistent with specific and express require- ‘‘(1)(A) Any juridical person that violates sub- business to or to continue business with a par- ments in mandatory obligations in international section (a) of this section shall be fined not more ticular party, or any action taken by a foreign agreements to which the United States is a than $2,000,000. official involved in the decision-making process party— ‘‘(B) Any juridical person that violates sub- to encourage a decision to award new business (1) expeditiously take all actions necessary to section (a) of this section shall be subject to a to or continue business with a particular party. eliminate or to limit substantially any privileges civil penalty of not more than $10,000 imposed in ‘‘(5) The term ‘interstate commerce’ means or immunities accorded to an international or- an action brought by the Attorney General. trade, commerce, transportation, or communica- ganization providing commercial communica- ‘‘(2)(A) Any natural person who willfully vio- tion among the several States, or between any tions services, its officials, its employees, or its lates subsection (a) of this section shall be fined foreign country and any State or between any records from suit or legal process for any act or not more than $100,000 or imprisoned not more State and any place or ship outside thereof, and omission taken in connection with such organi- than 5 years, or both. such term includes the intrastate use of— zation’s capacity as a provider, directly or indi- ‘‘(B) Any natural person who violates sub- ‘‘(A) a telephone or other interstate means of rectly, of commercial telecommunications serv- section (a) of this section shall be subject to a communication, or ices to, from, or within the United States, that civil penalty of not more than $10,000 imposed in ‘‘(B) any other interstate instrumentality.’’. are not eliminated by subsection (c); an action brought by the Attorney General. SEC. 5. TREATMENT OF INTERNATIONAL ORGANI- (2) expeditiously take all appropriate actions ‘‘(3) Whenever a fine is imposed under para- ZATIONS PROVIDING COMMERCIAL necessary to eliminate or to reduce substantially graph (2) upon any officer, director, employee, COMMUNICATIONS SERVICES. all privileges and immunities not eliminated pur- agent, or stockholder of a person, such fine may (a) DEFINITION.—For purposes of this section: suant to paragraph (1); and not be paid, directly or indirectly, by such per- (1) INTERNATIONAL ORGANIZATION PROVIDING (3) report to the Committee on Commerce of son. COMMERCIAL COMMUNICATIONS SERVICES.—The the House of Representatives and the Committee ‘‘(f) DEFINITIONS.—For purposes of this sec- term ‘‘international organization providing com- on Commerce, Science, and Transportation of tion: mercial communications services’’ means— the Senate on any remaining privileges and im- ‘‘(1) The term ‘person’, when referring to an (A) the International Telecommunications munities of an international organization pro- offender, means any natural person other than Satellite Organization established pursuant to viding commercial communications services a national of the United States (as defined in the Agreement Relating to the International within 90 days of the effective date of this act section 101 of the Immigration and Nationality Telecommunications Satellite Organization; and and semiannually thereafter. Act (8 U.S.C. 1101) or any corporation, partner- (B) the International Mobile Satellite Organi- (e) PRESERVATION OF LAW ENFORCEMENT AND ship, association, joint-stock company, business zation established pursuant to the Convention INTELLIGENCE FUNCTIONS.—Nothing in sub- trust, unincorporated organization, or sole pro- on the International Maritime Satellite Organi- section (c) or (d) of this section shall affect any prietorship organized under the law of a foreign zation. immunity from suit or legal process of an inter- nation or a political subdivision thereof. (2) PRO-COMPETITIVE PRIVATIZATION.—The national organization providing commercial ‘‘(2)(A) The term ‘foreign official’ means any term ‘‘pro-competitive privatization’’ means a communications services, or the privatized affili- officer or employee of a foreign government or privatization that the President determines to be ates or successors thereof, for acts or omis- any department, agency, or instrumentality consistent with the United States policy of ob- sions— thereof, or of a public international organiza- taining full and open competition to such orga- (1) under chapters 119, 121, 206, or 601 of title tion, or any person acting in an official capac- nizations (or their successors), and nondiscrim- 18, United States Code, the Foreign Intelligence ity for or on behalf of any such government or inatory market access, in the provision of sat- Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), department, agency, or instrumentality, or for ellite services. section 514 of the Comprehensive Drug Abuse S12604 CONGRESSIONAL RECORD — SENATE October 14, 1998 Prevention and Control Act of 1970 (21 U.S.C. representatives of nongovernmental organiza- The legislative clerk read as follows: 884), or Rules 104, 501, or 608 of the Federal tions described in paragraph (9), a list of addi- The Senator from Vermont [Mr. JEFFORDS] Rules of Evidence; tional means for enlarging the scope of the Con- for Mr. HELMS, for himself and Mr. BIDEN, (2) under similar State laws providing protec- vention and otherwise increasing its effective- proposes an amendment numbered 3827. tion to service providers cooperating with law ness. Such additional means shall include, but enforcement agencies pursuant to State elec- not be limited to, improved recordkeeping provi- (The text of the amendment is print- tronic surveillance or evidence laws, rules, regu- sions and the desirability of expanding the ap- ed in today’s RECORD under ‘‘Amend- lations, or procedures; or plicability of the Convention to additional indi- ments Submitted.’’) (3) pursuant to a court order. viduals and organizations and the impact on Mr. JEFFORDS. Mr. President, I ask (f) RULES OF CONSTRUCTION.— United States business of section 30A of the Se- unanimous consent that the substitute (1) NEGOTIATIONS.—Nothing in this section curities Exchange Act of 1934 and sections 104 amendment be agreed to. shall affect the President’s existing constitu- and 104A of the Foreign Corrupt Practices Act tional authority regarding the time, scope, and The PRESIDING OFFICER. Without of 1977. objection, it is so ordered. objectives of international negotiations. (b) DEFINITION.—For purposes of this section, (2) PRIVATIZATION.—Nothing in this section the term ‘‘Convention’’ means the Convention The amendment (No. 3827) was agreed shall be construed as legislative authorization on Combating Bribery of Foreign Public Offi- to. for the privatization of INTELSAT or Inmarsat, cials in International Business Transactions Mr. JEFFORDS. Mr. President, I ask nor to increase the President’s authority with adopted on November 21, 1997, and signed on unanimous consent that the bill, as respect to negotiations concerning such privat- December 17, 1997, by the United States and 32 amended, be considered read a third ization. other nations. time and passed; that the motion to re- SEC. 6. ENFORCEMENT AND MONITORING. AMENDMENT NO. 3826 consider be laid upon the table; and (a) REPORTS REQUIRED.—Not later than July 1 (Purpose: To strike provisions relating to that any statements relating to the of 1999 and each of the 5 succeeding years, the treatment of international organizations bill be printed at the appropriate place Secretary of Commerce shall submit to the House providing commercial communications of Representatives and the Senate a report that in the RECORD. services, and for other purposes.) The PRESIDING OFFICER. Without contains the following information with respect Mr. JEFFORDS. Mr. President, I ask to implementation of the Convention: objection, it is so ordered. (1) RATIFICATION.—A list of the countries that unanimous consent that the Senate The bill (H.R. 4660), as amended, was have ratified the Convention, the dates of ratifi- concur in the House amendments with considered read the third time and cation by such countries, and the entry into a further amendment by Senators passed. force for each such country. D’AMATO and SARBANES. f (2) DOMESTIC LEGISLATION.—A description of The PRESIDING OFFICER. The domestic laws enacted by each party to the Con- clerk will report. AMENDING CHAPTER 47, TITLE 18, vention that implement commitments under the The legislative clerk read as follows: UNITED STATES CODE Convention, and assessment of the compatibility The Senator from Vermont [Mr. JEFFORDS] of such laws with the Convention. Mr. JEFFORDS. Mr. President, I ask for Mr. D’AMATO, for himself and Mr. SAR- (3) ENFORCEMENT.—As assessment of the unanimous consent that the Senate BANES, proposes an amendment numbered measures taken by each party to the Convention 3826. proceed to the immediate consider- during the previous year to fulfill its obligations ation of H.R. 4151, which was received The amendment is as follows: under the Convention and achieve its object and from the House. purpose including— Strike section 5 of the bill. The PRESIDING OFFICER. The (A) an assessment of the enforcement of the In section 6(a) of the bill, strike paragraph domestic laws described in paragraph (2); (7) and redesignate paragraphs (8), (9), and clerk will report. (B) an assessment of the efforts by each such (10), as paragraphs (7), (8), and (9). The legislative clerk read as follows: party to promote public awareness of such do- Redesignate section 6 of the bill as section A bill (H.R. 4151) to amend chapter 47 of mestic laws and the achievement of such object 5. title 18, United States Code, relating to iden- and purpose; and The PRESIDING OFFICER. Without tity fraud, and for other purposes. (C) an assessment of the effectiveness, trans- objection, it is so ordered. The PRESIDING OFFICER. Is there parency, and viability of the monitoring process objection to the immediate consider- for the Convention, including its inclusion of f input from the private sector and non-govern- ation of the bill? STATE DEPARTMENT BASIC AU- There being no objection, the Senate mental organizations. THORITIES ACT OF 1956 AMEND- (4) LAWS PROHIBITING TAX DEDUCTION OF proceeded to consider the bill. MENTS BRIBES.—An explanation of the domestic laws Mr. LEAHY. Mr. President, I am enacted by each party to the Convention that Mr. JEFFORDS. Mr. President, I ask pleased that the Senate today is pass- would prohibit the deduction of bribes in the unanimous consent that the Senate ing H.R. 4151, the ‘‘Identity Theft and computation of domestic taxes. proceed to the immediate consider- Assumption Deterrence Act.’’ This is (5) NEW SIGNATORIES.—A description of efforts ation of H.R. 4660, which was received virtually identical to the Kyl-Leahy to expand international participation in the Convention by adding new signatories to the from the House. substitute to S.512, which passed the Convention and by assuring that all countries The PRESIDING OFFICER. The Senate unanimously on July 30, 1998. which are or become members of the Organiza- clerk will report. This bill penalizes the theft of personal tion for Economic Cooperation and Development The legislative clerk read as follows: identification information that results are also parties to the Convention. A bill (H.R. 4660) to amend the State De- in harm to the person whose identifica- (6) SUBSEQUENT EFFORTS.—An assessment of partment Basic Authorities Act of 1956 to tion is stolen and then used for false the status of efforts to strengthen the Conven- provide rewards for information leading to credit cards, fraudulent loans or for tion by extending the prohibitions contained in the arrest or conviction of any individual for the Convention to cover bribes to political par- the commission of an act, or conspiracy to other illegal purposes. It also sets up a ties, party officials, and candidates for political act, of international terrorism, narcotics re- ‘‘clearinghouse’’ at the Federal Trade office. lated offenses, or for serious violations of Commission to keep track of consumer (7) ADVANTAGES.—Advantages, in terms of im- international humanitarian law relating to complaints of identity theft and pro- munities, market access, or otherwise, in the the Former Yugoslavia, and for other pur- vide information to victims of this countries or regions served by the organizations poses. crime on how to deal with its after- described in section 5(a), the reason for such ad- The PRESIDING OFFICER. Is there math. vantages, and an assessment of progress toward objection to the immediate consider- Protecting the privacy of our per- fulfilling the policy described in that section. (8) BRIBERY AND TRANSPARENCY.—An assess- ation of the bill? sonal information is a challenge, espe- ment of anti-bribery programs and transparency There being no objection, the Senate cially in this information age. Every with respect to each of the international organi- proceeded to consider the bill. time we obtain or use a credit card, zations covered by this Act. AMENDMENT NO. 3827 place a toll-free phone call, surf the (9) PRIVATE SECTOR REVIEW.—A description of (Purpose: To provide substitute language) Internet, get a driver’s license or are the steps taken to ensure full involvement of Mr. JEFFORDS. Mr. President, Sen- featured in ‘‘Who’s Who,’’in the form of United States private sector participants and ators HELMS and BIDEN have a sub- personal information, which can be representatives of nongovernmental organiza- tions in the monitoring and implementation of stitute amendment at the desk, and I used without our consent or even our the Convention. ask for its consideration. knowledge. Too frequently, criminals (10) ADDITIONAL INFORMATION.—In consulta- The PRESIDING OFFICER. The are getting hold of this information tion with the private sector participants and clerk will report. and using the personal information of October 14, 1998 CONGRESSIONAL RECORD — SENATE S12605 innocent individuals to carry out other son’s ‘‘means of identification’’ to ex- The PRESIDING OFFICER. Without crimes. Indeed, U.S. News & World Re- clude ‘‘possession.’’ This change en- objection, it is so ordered. port has called identity theft ‘‘a crime sures that the bill does not inadvert- The bill (H.R. 4151) was considered of the 90’s’’. ently subject innocuous conduct to the read the third time and passed. The consequences for the victims of risk of serious federal criminal liabil- f identity theft can be severe. They can ity. For example, with this change, the have their credit ratings ruined and be bill would no longer raise the possibil- ORDERS FOR THURSDAY, OCTOBER ity of criminalizing the mere posses- unable to get credit cards, student 15, 1998 loans, or mortgages. They can be sion of another person’s name in an ad- hounded by creditors or collection dress book or Rolodex, when coupled Mr. JEFFORDS. Mr. President, I ask agencies to repay debts they never in- with some sort of bad intent. unanimous consent that when the Sen- curred, but were obtained in their At the same time, the Kyl-Leahy ate completes its business today, it name, at their address, with their so- substitute as reflected in H.R. 4151, re- stand in recess until 12 noon on Thurs- cial security number or driver’s license stores the nuanced penalty structure of day, October 15. I further ask that the number. It can take months or even section 1028 of the Federal criminal time for the two leaders be reserved. years, and agonizing effort, to clear code. Specifically, the bill provides The PRESIDING OFFICER. Without their good names and correct their that the use or transfer of 1 or more objection, it is so ordered. credit histories. I understand that, in means of identification that results in Mr. JEFFORDS. I further ask unani- some instances, victims of identity the perpetrator receiving anything of mous consent that there then be a pe- theft have even been arrested for value aggregating $1,000 or more over a riod for the transaction of morning crimes they never committed when the 1-year period, would carry a penalty of business until 1 p.m., with Senators actual perpetrators provided law en- a fine or up to 15 years’ imprisonment, permitted to speak for up to 5 minutes or both. The use or transfer of another forcement officials with assumed each. person’s means of identification that names. The PRESIDING OFFICER. Without The new legislation provides impor- does not satisfy those monetary and objection, it is so ordered. time period requirements, would carry tant remedies for victims of identity f theft. Specifically, it makes clear that a penalty of a fine and up to three these victims are entitled to restitu- years’ imprisonment, or both. Finally, again with the support of PROGRAM tion, including payment for any costs the Department of Justice, we created Mr. JEFFORDS. Mr. President, for and attorney’s fees in clearing up their a limited and appropriate forfeiture the information of all Senators, on credit histories and having to engage penalty for these offenses and specified Thursday, there will be a period for in any civil or administrative proceed- the forfeiture procedure to be used in morning business until 1 p.m. Follow- ings to satisfy debts, liens or other ob- connection with them. ing morning business, the Senate may ligations resulting from a defendant’s I am glad that Senator KYL and I consider any legislation that can be theft of their identity. In addition, the were able to join forces to craft legisla- cleared by unanimous consent. Nego- bill directs the Federal Trade Commis- tion that both punishes the perpetra- tiations are still ongoing with respect sion to keep track of consumer com- tors of identity theft and helps the vic- to the omnibus appropriations bill, and plaints of identity theft and provide in- tims of this crime. it is still the leader’s hope that the bill formation to victims of this crime on Finally, an amendment added in the can be passed without a rollcall vote. how to deal with its aftermath. House, at the joint request of Senator Once again, Members will be notified if This is an important bill on an issue HATCH and myself, gives the United a rollcall vote is necessary on passage that has caused harm to many Ameri- States Judicial Conference limited au- of the funding bill. cans. It has come a long way from its thority to withhold personal and sen- original Senate formulation, which sitive information about judicial offi- f would have made it an offense, subject cers and employees whose lives have to 15 years’ imprisonment, to possess been threatened. Apparently, sophisti- RECESS ‘‘with intent to deceive″ identity infor- cated criminals are able to use infor- Mr. JEFFORDS. Mr. President, if mation issued to another person. I was mation set forth in publicly available there is no further business to come be- concerned that the scope of the pro- financial disclosure forms to collect fore the Senate, I ask unanimous con- posed offense in the original Senate more detailed personal information sent that the Senate stand in recess version of the bill would have resulted then used in carrying out threats under the previous order. in the federalization of innumerable against our judicial officers. This There being no objection, the Senate, state and local offenses, such as the amendment is an important step to at 4:43 p.m., recessed until Thursday, status offenses of underage teenagers protect the lives of judges, and I am October 15, 1998, at 12 noon. using fake ID cards to gain entrance to glad that we were able to accomplish f bars or to buy cigarettes, or even the this. use of a borrowed ID card without any Mr. JEFFORDS. Mr. President, I ask NOMINATIONS illegal purpose. This problem, and oth- unanimous consent that the bill be ers, were addressed in the Kyl-Leahy considered read a third time and Executive nominations received by substitute that was passed by the Sen- passed; that the motion to reconsider the Senate October 14, 1998: ate. be laid upon the table; and that any NATIONAL LABOR RELATIONS BOARD This bill appropriately limits the statements relating to the bill be JOHN C. TRUESDALE, OF MARYLAND, TO BE A MEMBER scope of the new offense governing the OF THE NATIONAL LABOR RELATIONS BOARD FOR THE printed at the appropriate place in the TERM OF FIVE YEARS EXPIRING AUGUST 27, 2003, VICE illegal transfer or use of another per- RECORD. WILLIAM B. GOULD IV, RESIGNED. October 14, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E2155 EXTENSIONS OF REMARKS

DANTE B. FASCELL—NORTH-SOUTH his campaign treasury. That’s fully consist- 2. BOB LIVINGSTON CENTER ACT OF 1991 ent with his integrity, public and private. 3. WILLIAM JEFFERSON Representative Fascell is a close second in 4. ALLEN BOYD SPEECH OF seniority, but a clear first in esteem, among the members of Florida’s congressional dele- 5. GENE GREEN HON. CARRIE P. MEEK gation. He has served with distinction as 6. JOHN OLVER ARLOS OMERO ARCELOÂ OF FLORIDA chairman of the House Foreign Affairs Com- 7. C R -B mittee. 8. VIRGIL GOODE IN THE HOUSE OF REPRESENTATIVES Never was his wisdom on better display 9. BOB STUMP Monday, October 12, 1998 than during 1990’s congressional debate of 10. PHIL ENGLISH Mrs. MEEK of Florida. Mr. Speaker, I rise in America’s role in the Persian Gulf. His rea- 11. GERALD SOLOMON soned support for deploying multinational 12. LINDA SMITH strong support of H.R. 4757, which would des- forces against Saddam Hussein was pivotal ignate the North/South Center at the Univer- to winning House approval of President 13. JIM GIBBONS sity of Miami as the Dante B. Fascell North/ Bush’s policies. 14. SUE KELLY South Center. Yet Mr. Fascell, 75, also knows full well 15. JOHN TIERNEY I thank Chairman GILMAN for his initiative in that violence rarely resolves international 16. LYNN RIVERS this matter, for it is a fitting honor for a truly disputes. Long before Iraq’s invasion of Ku- 17. NANCY PELOSI great man. wait, for instance, he had built a solid record 18. TOM PETRI of support for negotiations to bring peace to For 36 years, Dante Fascell served on the 19. MICHAEL PAPPAS the Mideast while ensuring Israel’s security. 20. DAVID HOBSON House Foreign Affairs Committee, eight years He also played a key role in congressional ef- as full Committee Chairman. He devoted his forts to end violence and injustice in Central 21. DAVID OBEY whole lifetime to the service of this nation and America and to restore democracy and 22. RICHARD BURR the nations of the world. A man with great in- human rights in Cuba, Haiti, Nicaragua, El 23. CLAY SHAW sight, judgment, and knowledge, he was an Salvador, and Chile. 24. JAY JOHNSON advisor to Presidents who was also sought out Less visible but arguably as important was 25. MARCY KAPTUR by foreign leaders and dignitaries. Mr. Fascell’s work in concert with leading 26. BUD CRAMER European parliamentarians on behalf of Throughout his decades of service, Mr. Fas- f human rights behind the Iron Curtain. Their cell became more and more convinced of the efforts to free dissidents and goad the East- A DIFFICULT TASK need for an American foreign policy based on ern bloc to honor the Helsinki accords may cultural, educational, trade and person-to-per- well have helped hasten tyranny’s demise son exchanges between nations, in addition to and the Cold War’s end. . . . HON. MARSHALL ‘‘MARK’’ SANFORD normal government-to-government contacts. Among Mr. Fascell’s endearing traits is OF SOUTH CAROLINA one all too rare among elected officials: can- His vision became reality at his alma mater, IN THE HOUSE OF REPRESENTATIVES the University of Miami. Dante Fascell is rec- dor. He still has a way of cutting through ba- loney to get to the point. You can believe Wednesday, October 14, 1998 ognized as the father of the North/South Cen- what he says. Mr. SANFORD. Mr. Speaker, over the past ter, which today is Congressionally-authorized You can also believe, however, that Mr. and one of the nation's leading institutions fo- Fascell might leave some things unsaid in few months, I have heard from literally thou- cusing on improving relations between the deference to his longtime colleagues and to sands of folks back home on the President's countries of North and South America and the an institution that he loves. Some retiring matter. On Thursday, I had to digest all that I Caribbean. congressmen have spoken bitterly of their had heard, read and thought about this, and Despite his great achievements, however, disillusionment with politics and of the ‘poi- simply vote yes, or no, on whether or not to Dante Fascell never forgot his roots. He was sonous atmosphere’ pervading Capitol Hill. authorize the Judiciary Committee to proceed Mr. Fascell said that it was simply time to with an inquiry of impeachment. I voted yes always friendly, open and approachable to his go after nearly 38 years of service. constituents in South Florida. He committed Even so, there’s cause for concern over Mr. and owe you an explanation of how I got his efforts to solving little problems, as well as Fascell’s departure. Granted, many term- there. big ones. His common sense and common limits advocates would argue that he had al- I agree with opponents of the process who touch endeared him toÐliterallyÐgenerations ready stayed on too long. It ought to be wor- have suggested there has been far too much of voters. It is not an exaggeration to say that, risome, though, when able public servants no grandstanding and moralizing on this issue. by the end of his service in Congress he was, longer feel that serving in Congress is re- Frustration with politicians grandstanding, as he is today, truly a legend in Florida. warding enough or enjoyable enough to however, never moved me into the camp that make them want to stick around. believed we needed to quickly move on to Mr. Fascell retired from the Congress the For the nation and for Florida, then, Mr. year that I was elected, in 1992, and so I Fascell’s retirement is a loss. Beyond that, ``the nation's business.'' In fact, since this never had the honor of serving with him. But though, the obvious erosion in public serv- story broke in January, I have tried to listen I have known him for many years. He set a ice’s attractiveness to candidates of his stat- carefully and in no way have forgotten about very high standard for public service which all ure is an even greater loss. issues like Social Security or national security. of us who follow him try daily to meet. And I f However, I have come to believe that in the am completely confident that those of you long-run, the current debate is probably just as here today who served with Dante Fascell will H.R. 4519 relevant to the lives of Americans. Here is the agree with me that he is one of the finest men reasoning that brought me to this conclusion. to serve in this body. HON. RALPH M. HALL At the core, representative government is I would like to share with my colleagues a OF TEXAS built on trust. Thus, maintaining trust in the few comments on Dante Fascell which ap- IN THE HOUSE OF REPRESENTATIVES leaders who run the many components of gov- peared in a Miami Herald editorial on his re- ernment is every bit as important as the indi- Wednesday, October 14, 1998 tirement. vidual functions of government. In other [From the Miami Herald, May 28, 1992] Mr. HALL of Texas. Mr. Speaker, under the words, ``national security'', or ``moving onto the rules, H.R. 4519 is considered a private bill. nation's business,'' without trust in the people Dante Fascell retiring? Say it isn’t so! But it is: Yesterday the veteran South Dade con- However, because of their wide constituent in- running it is an oxymoron. gressman announced in Washington that he terest, the following Members of Congress In our system of representative government, won’t seek a 20th term on Capitol Hill. Nei- would like to be shown as supporters of H.R. every free citizen has ceded over to our ther will he convert to his personal use, 4519. school board member, our county council though legally he could, the $500,000 or so in 1. JIM MCGOVERN member, our Senator and our President a little

∑ 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. E2156 CONGRESSIONAL RECORD — Extensions of Remarks October 14, 1998 bit of our authority. We place our trust in them. 75TH ANNIVERSARY OF HIGH in its lakes or simply taken in its majestic If the President raised his right hand and lied POINT STATE PARK views. The people of New Jersey owe their to a grand jury, we have a major problem be- undying gratitude to the Kuser family for shar- cause he is the chief law enforcement officer HON. MARGE ROUKEMA ing this natural wonder with the public and, in of this land. If people felt free to lie in our mu- OF NEW JERSEY doing so, keeping it in its natural state. I ask nicipal, state or district court system after rais- IN THE HOUSE OF REPRESENTATIVES my colleagues in the House of Representa- tives to join me in thanking the Kuser family, ing their hand and swearing to tell the truth, Wednesday, October 14, 1998 the Friends of High Point State Park, the our criminal justice system would not work. Mrs. ROUKEMA. Mr. Speaker, I rise to call park's employees and all others involved in I fear that if we ``leave it alone,'' we would attention to the 75th anniversary of the open- protecting this treasure for generations to be sending a message to everyone that since ing of High Point State Park, one of the most come. the President lied, they can, too. Or, worse beautiful state parks in the State of New Jer- f yet, that two systems of justice existÐone for sey and, indeed, our nation. At a time when development pressures are stripping us of our THAILAND, A BEACON OF HOPE ``big people,'' like Presidents, and another for open spaces, High Point is a pristine paradise regular people. Since I don't want to pass ei- despite the dense population around it. Made HON. BENJAMIN A. GILMAN ther one of these messages along to my chil- up of land donated by private owners and OF NEW YORK dren or yours, I don't believe we can simply maintained by the state and volunteer work- IN THE HOUSE OF REPRESENTATIVES leave this issue to fester. ers, High Point is an outstanding example of Wednesday, October 14, 1998 David Schippers, Chief Investigative Coun- what can be done when the public and private sel on the Judiciary Committee and a life long sectors work together for the betterment of Mr. GILMAN. Mr. Speaker, 25 years ago Democrat who headed then-Attorney General their community. From the Kuser family, who today the people of Thailand stood up and donated the land, to the Friends of High Point threw out a military dictatorship and created a Robert F. Kennedy's organized crime task State Park, whose volunteers provide a variety nation built on the rule of laws and not of men. force in Chicago, summed this idea up well in of services, many individuals deserve our It was a painful turning point in Thai history. his testimony before the committee: thanks. Seventy-three people were killed and nearly a ``The principle that every witness in every High Point State Park occupies more than thousand were injured calling for their God case must tell the truth, the whole truth and 14,000 acres along the northern tip of New given rights, demonstrating for democracy, po- nothing but the truth, is the foundation of the Jersey and contains the state's highest peak, litical pluralism and the rule of law. The people American System of Justice, which is the envy 1,903 High Point. Its remoteness has kept the of Thailand led the way in a region that was, of every civilized nation. If lying under oath is park virtually unchanged since King George of and to this day still is, ruled by corrupt dicta- England gave the land to James AlexanderÐ torships. tolerated and, when exposed, is not visited the first private ownerÐin 1715 as a royal Vietnam, Cambodia, Laos and Burma have with immediate and substantial adverse con- land grant. The first substantial construction not changed much. Most of these nation's dic- sequences, the integrity of this country's entire did not come for 173 years, when Charles St. tators are linked to illicit drug production and judicial process is fatally compromised and John and his family built the plush High Point all of them have no intention of permitting the that process will inevitably collapse.'' Inn resort in 1888. In 1909, the inn went bank- expression of any political pluralism or the rule For these reasons, I have come to view the rupt and was purchased, along with the land, of law. To this day, Thailand is still a beacon beginning of impeachment proceedings dif- by businessmen Anthony and John Kuser. An- of hope for thousands who flee from these re- ferently than many do. An inquiry does not im- thony Kuser tore down half the inn and recon- pressive rulers. structed a ``summer house'' now known to visi- The Karen and the Karenni whose nations peach the President, but instead simply looks tors as the Lodge. were absorbed into Burma, the Hmong who at the charges and the evidence behind them. Private ownership came to an end in 1922, are repressed by the Pathet Lao, the It is a chance to clear this matter and to truly when Anthony Kuser gave 10,000 acresÐthe Montagards and other ethnic minorities and put it behind us in a way that leaving it alone bulk of the modern parkÐto the State of New hill tribes pursued by the Vietnamese, all of never could. Jersey. The Kuser family also paid for con- them have taken refuge at one time or another To date, we have had a prosecutorial en- struction of the 220-foot obelisk that tops the in the free and democratic Kingdom of Thai- deavor with Judge Starr and the Office of summit of High Point itself. The tower, com- land. Independent Counsel. They have made their pleted in 1930, is a monument to veterans Thailand's People's Constitution was adopt- killed in the nation's wars. It offers majestic ed in 1997 but was born from the blood that case but it has never been tested by the de- views of the Delaware Valley, the Catskill and was shed in demonstrations 25 years ago fense in a ``courtroom'' setting. In an impeach- Pocono Mountains, and the lakes and forests today in Bangkok and all across the country ment inquiry, this would change. Democrats of the park itself. involving some 500,000 people. Today we on the Judiciary Committee will have the As a multi-use park, High Point is managed mourn and pay respect for Thailand's heroes chance to cross-examine witnesses, challenge with an eye toward balancing backcountry who gave their lives for their nation and the evidence and tell the President's side of the preservation with the provision of ample rec- greater good of all it people. story. In this process, one of two things can reational facilities. The northernmost part of The United States remembers you, your na- happen: (1) the President is absolved of all the park is the 800-acre John D. Kuser Natu- tion loves you and the repressed people of the charges because the evidence does not hold ral Area, much of which is old growth Atlantic region who take refuge within your borders up after it is cross-examined, and we can white cedar swamp. Just south of the natural thank you from the bottom of their hearts. area is the summit of High Point itself. There therefore truly have this behind us; or (2) there f are three public-access lakes within the is enough credible evidence to warrant send- boundaries of the park. Twenty-acre Lake IN HONOR OF THE MEMORY OF ing it to the Senate. Marcia, at 1,600 feet the highest lake in New JOHN L. KOCEVAR Scott Peck years ago wrote a book titled Jersey, has a supervised bathing beach. Lake ``The Road Less Traveled.'' Its premise was Steenykill, west of Marcia, has a boat-launch- HON. DENNIS J. KUCINICH that doing the right thing was often the more ing ramp and furnished cabins that may be OF OHIO difficult, and therefore less traveled, course. rented by family groups. Sawmill Lake, near IN THE HOUSE OF REPRESENTATIVES the center of the park, has boat-launch facili- An impeachment inquiry fits under the same Wednesday, October 14, 1998 umbrella. You do not see them in Malaysia, ties and 50 campsites. Hiking, naturally, is one of the prime attrac- Mr. KUCINICH. Mr. Speaker, I rise today to Pakistan, or Zaire. Even the possibility of an tions at High Point State Park. The Maine-to- honor the memory of John L. Kocevar, a man impeachment is unique around the world. The Georgia Appalachian Trail runs north and who devoted his life to protecting and enhanc- key now is that we treat a process this special south through the length of the park and is ing the well-being of his community in Seven and unique with the proper consideration. This intersected by a system of nine park trails Hills, Ohio. means sticking to one of America's most cher- varying in length from one-half to four miles. Serving in World War II with the Army's ished valuesÐthe idea that we are a nation of High Point State Park is treasured by all 392nd Bomb Group in Europe, John Kocevar laws, not men. who have hiked its mountains, swum or fished soon acquired a deep commitment to serving CONGRESSIONAL RECORD — Extensions of Remarks E2157 others. Shortly after the war, John began a ca- rectly to the Ronald McDonald House. In addi- Health Science Center (UT Health Science reer in public service, a career to which he tion, a portion of the proceeds from each Center) in Houston. In 1996, Dr. Murad was would devote the rest of his life. piece of furniture sold and a percentage of the awarded the Albert and Mary Lasker Basic Protecting and enhancing the well-being of sale of the show home itself will be donated Medical Research Award by the National his community, John served as an enforce- to the Ronald McDonald House so that they Academy of Sciences for his innovative re- ment agent and chief for the Ohio Department may provide even more families with the sup- search in understanding the biochemical of Liquor Control, executive officer of the Cuy- port they need. mechanisms in numerous cells and tissues. ahoga County Sheriff's Office and attentively Over the past 50 years Stephen Yeonas Prior to his tenure at the UT Health Science owned the former Area Wide Paging Com- has been building the communities that make Center, Dr. Murad served as the Vice Presi- pany. In addition to pursuing his public service Northern Virginia and indeed all of the Metro- dent of Research and Development at Abbott career, John also spent much of his time in politan Washington Area one of the most vi- Laboratories and an adjunct professor with church. John served as a Eucharistic minister brant areas in the country. As Mr. Yeonas Northwestern University Medical School in and Holy Name Society member at St. steps down after so many years of service he Chicago from 1988 to 1992. From 1981 Columbkille Catholic Church in Parma. has left us an indelible legacy of innovation through 1988, Dr. Murad served as the Chief John L. Kocevar leaves behind his wife, and selfless philanthropy that should serve as of Medicine at the Palo Alto Veterans Adminis- Rita; son, John T.; daughters, Lori Shannon a model to us all and I know has been im- tration Medical Center as well as a professor and Kathryn Terlaak; three grandsons; two parted upon his successors, the next genera- at Stanford University. From 1975 through brothers; and two sisters. tion of Yeonas home builders: Steve Yeonas, 1981, Dr. Murad served as a Professor in the My fellow colleagues, join me in honoring Jr., Stephanie Yeonas Ellis and her husband Departments of Internal Medicine and Phar- John L. Kocevar, a man who dedicated his life Richard Ellis. I would like to thank Stephen macology at the University of Virginia School to improving and enhancing the lives of oth- Yeonas for all he has contributed over the of Medicine. ers. past half century. He has enriched the lives of In addition to congratulating Dr. Murad, I f countless thousands and offered hope to so also want to congratulate UT Health Science TRIBUTE TO STEPHEN G. YEONAS many. Center for fostering an environment of innova- f tion and cutting-edge research that attracts HON. THOMAS M. DAVIS and supports the world's best medical re- HONORING NOBEL PRIZE WINNER searchers and students. Although the initial OF VIRGINIA DR. FERID MURAD IN THE HOUSE OF REPRESENTATIVES discovery of nitric oxide's biologic role was made at the University of Virginia, Dr. Murad Wednesday, October 14, 1998 HON. KEN BENTSEN has continued to conduct nitric oxide research Mr. DAVIS of Virginia. Mr. Speaker, I rise OF TEXAS at the UT Health Science Center. And with the today to offer my personal thanks and give IN THE HOUSE OF REPRESENTATIVES awarding of the Nobel Prize to Dr. Marud, UT public recognition to Mr. Stephen Yeonas. Mr. Wednesday, October 14, 1998 Health Science Center will continue to attract Yeonas has spent the last 50 years dedicated new facility and students from around the na- to providing the consistently growing popu- Mr. BENTSEN. Mr. Speaker, I rise to honor tion and the world who wish to work with such lation in Northern Virginia with more than Dr. Ferid Murad of the University of Texas prestigious researchers as Dr. Murad. 10,000 quality homes that now are the corner- Health Science Center in Houston on being I want to congratulate Dr. Murad for achiev- stone of our neighborhoods and communities. awarded the 1998 Nobel Prize in Physiology ing the highest honor in his field, the Nobel After his graduation from Catholic University of or Medicine. Dr. Murad, along with Dr. Robert Prize, and recognize the significant contribu- America's Columbus School of Law, Mr. Furchgott of the State University of New York tions that he has made to understanding the Yeonas founded the Yeonas Company in in Brooklyn and Dr. Louis Ignarro of the Uni- body's regulatory system and saving lives. 1946. As founder and president from 1946 to versity of California at Los Angeles, were rec- f 1973, the Yeonas Company became the larg- ognized for detailing the important biologic est builder of new homes in the Washington properties of the gas nitric oxide. Their work AMARTYA SEN CHANGES THE Metropolitan Area for many years. has led to new treatments and promising re- WORLD’S THINKING ABOUT HUN- With his professional success Mr. Yeonas search in areas such as heart and lung dis- GER AND POVERTY has also been the recipient of a number of ease, shock, and degenerative diseases such awards bestowed upon him by the industry he as arthritis, saving and improving millions of HON. TONY P. HALL led for some many years. These include the lives around the world. OF OHIO ``Man of the Year Award'' by the Home Build- Dr. Ferid Murad and his colleagues dem- IN THE HOUSE OF REPRESENTATIVES ers Association of Metropolitan Washington onstrated that nitric oxide helps to maintain Wednesday, October 14, 1998 Area and his being named Virginia Realtor of our body's regulatory system. When Dr. Murad the Year. But I proudly rise today to recognize and his colleagues started their research more Mr. HALL of Ohio. Mr. Speaker, I don't often Stephen Yeonas as truly one of the great phi- than 20 years ago, many of their peers did not speak on the floor of the House about eco- lanthropists of Northern Virginia. Most recently believe that such a gas could be so important nomic theoryÐthat being a topic that's usually Mr. Yeonas and his family have lent their fi- to the regulation of circulation. As a result of best left to our colleague, the Majority Leader nancial support and home building expertise to this research, we now know that maintaining and former economic professor from Texas. the Ronald McDonald House of Northern Vir- the proper level of nitric oxide in the body is However, today is not an ordinary day in the ginia. vital to good health. Dr. Murad's research has field of economicsÐor for the poor and hungry The Ronald McDonald House of Northern shown that this colorless, odorless gas is a people I am more familiar with. Today, one of Virginia, located on the grounds of Fairfax key regulator of transmitting signals between the world's most dedicated and innovative Hospital, offers the families of critically ill chil- cells. scholars has been named as the 1998 recipi- dren seeking treatment in the Washington Dr. Murad's innovative research focused on ent of the Nobel prize for economicsÐand his area a safe and free place to stay during their how the drug nitroglycerine relieves chest contributions are worth our attention and grati- time of need. In support of this noble charity, pains by encouraging blood vessels to relax tude. the Yeonas family has graciously combined and dilate. Dr. Murad found that when patients A year ago, the world lost one of its pre- the 50th anniversary celebration of the first receive nitroglycerine, it is broken down in the eminent leaders when Mother Teresa died. home their family built with a benefit for the body to create nitric oxide. Once this gas is Today, another Nobel laureate has been Ronald McDonald House. The Yeonas family released, it sends messages to blood vessels named who is as dedicated as she was to of home builders have designed, built, and fur- to carry more blood to cramping, oxygen- helping the poor of India and the world. nished a show home in McLean from October starved tissues. As a result, patients receive Amartya Sen is best known for his efforts to 17 to November 15. The Yeonas family has more oxygen and their chest pains are re- expose food shortages as a symptomÐand selected for the furnishings the finest items duced. not the causeÐof famines. Having seen many and products from the home collection of Vir- Dr. Murad has a long record of distin- of the places he studied, I am particularly ginia's Design Foundry which is run by promi- guished service as a scientist and researcher. grateful for his contribution to changing the nent architect Walter Lynch, AIA. Currently, he serves as the Chairman of the world's thinking about hunger and poverty. Every dollar earned from the entry fee to the Department of Integrative Biology, Pharmacol- Hunger is the most devastating form of pov- home will be donated by the Yeonas family di- ogy, and Physiology at the University of Texas erty, and too often it has little relation to the E2158 CONGRESSIONAL RECORD — Extensions of Remarks October 14, 1998 supply of food. Our world produces more than 80TH BIRTHDAY TRIBUTE TO DR. ciation, the University of Arizona and the Na- enough to feed every man, woman, and child J. EUGENE GRIGSBY, JR. tional Gallery of Art. The Arizona State Univer- aliveÐand yet today, and every day after that, sity Graduate College bestowed the ``Distin- 24,000 people will die of hunger and the dis- HON. WILLIAM (BILL) CLAY guished Research Scholar'' award upon him in eases it spawns. Nor is the problem one of OF MISSOURI 1983. In 1989 Grigsby received the Arizona getting the food to the people in need. IN THE HOUSE OF REPRESENTATIVES Governor's ``Tostenrud Art Award'' for con- tributions to the Arts of Arizona and in 1992 Wednesday, October 14, 1998 No, the cause of hunger almost always he was the first African American to receive turns out to be a lack of political will to ease Mr. CLAY. Mr. Speaker, I am very pleased the Arizona History makers Award presented poverty just enough to ensure people can sus- to recognize the accomplishments of Dr. J. by the State of Arizona. Inducted into the His- tain their own lives. Mr. Sen's work has ex- Eugene Grigsby, Jr. who, on October 17, tory maker Hall of Fame along with Grigsby posed that, and it informs the debate of the 1998, will celebrate his eightieth birthday. were Barry Goldwater and Sandra Day O'Con- many governments, charities, and individuals Dr. Grigsby is a distinguished artist, educa- nor. In 1965 the Philadelphia College of Art who devote their efforts to fighting hunger. tor and author. His art work is represented in awarded him the Honorary Doctor of Fine The decision of the Nobel committee to numerous public and private collections Arts. throughout the world. He has had one man make its award to Mr. Sen could not have Dr. Grigsby has also been cited by the exhibits in Luxembourg, Arizona, Texas, North come at a better time. All around the world, Phoenix OIC, the Arizona NAACP, and numer- Carolina, Georgia, Colorado, Ohio and New ous schools, churches and community organi- countries whose memory of hunger was fading York. In addition, his work has been included into the past are facing it again. In Indonesia, zations for his selfless contributions of time, in group exhibits in Louisiana, Maryland, Illi- effort and expertise. The Meritorious Service the world's fourth-largest country, one-half of nois, Georgia, Nigeria, Florida, California, its people are in poverty. In Russia, the figure Award of the National Art Education Associa- Texas, Washington, New Jersey, Iran, Ala- tion has been named the ``Eugene Grigsby was one-thirdÐbut is likely to increase be- bama, North Carolina and South Carolina. cause key crops have failed. Throughout Asia, Award for Service to Art Education'' in rec- Dr. Grigsby began his teaching career as an ognition of his significant contributions to the poverty vanquished through hard work is back, art instructor at Bethune-Cookman College in field of art education. In addition, his accom- and people are facing conditions not seen Daytona Beach, Florida in 1941. In 1946, he plishments are noted in numerous publications since 30 years of intensive development initia- was recruited to establish an art program and including: Who's Who Among African Ameri- tives began. department at Carver High School in Phoenix, cans; Who's Who in the World; Who's Who in In addition to this alarming back-slide, full- Arizona. From there, he moved on to Phoenix America; Who's Who in American Art; Who's blown famines now threaten Sudan and North Union High School and then to Arizona State Who in the West; and Who's Who in Black University in 1966. He retired as professor of Korea. Two million have died in Sudan during America. Chapters on him also can be found art from Arizona State University in 1988. In its latest cycle of war and famine; more than in Art: African American; Those Who Serve; 1958, Dr. Grigsby was one of a select group a million North Koreans are widely believed to Contributions of Afro-Americans to the Visual of American artists invited to serve as artist in have died since its economic collapse. Africa's Arts; Paths Toward Freedom, Biohistory of residence at the Children's Creative Center in Blacks and Indians in North Carolina; Afro- prospects for peaceÐone of the best guaran- the American Pavilion during the Brussels, tees against famineÐhave evaporated, as American Artists, Dimensions in Black; Black Belgium World Fair. Artists on Art; and American Negro Art. wars engulf one-third of Africa and threaten to Gene Grigsby has written numerous articles ignite the entire continent. on art and art education. His writings have ap- Dr. Grigsby is still widely in demand as a guest speaker. The former Danforth Fellow The people involved in fighting hunger are peared in Arts & Activities, Black Art Quarterly, has lectured, conducted workshops and dem- among the most dedicated, savvy, and excep- School Arts, and The Journal of the National Art Education Association. His landmark book, onstrations on African Art, African American tional people I have had the honor to know. artists, and teaching art to high school stu- But not many of them are economists. Art & Ethnics, is used extensively in public schools throughout the nation as a resource dents throughout the United States and in 13 Amartya Sen is an exception. He is a prag- on teaching about diversity and art in America. countries in Africa, South America, the Carib- matist cut from different cloth than most of his Dr. Grigsby has been affiliated with and held bean and Australia. contemporaries. His scholarship is at least as leadership positions in numerous professional Gene Grigsby received his undergraduate solid as that of pure theorists, but it is remark- organizations and associations throughout his education at Morehouse College in Atlanta, able for its focus on practical issues that domi- long and distinguished career. He has been Georgia. He went on to earn the Master of nate the lives of vast numbers of the poor who president of the Arizona Art Education Asso- Arts degree from The Ohio State University still account for the majority of our world's ciation; chair of the Consortium of Black Orga- and the Ph.D from New York University in people. nizations and Others for the Arts; chair of the 1963. While in college Grigsby was an art Artists of the Black Community/Arizona; Chair major and a theater minor. He was an active The name of Amartya Sen is as familiar to participant in the Atlanta University Players as students of development economics as Milton of the Committee on Minority Concerns of the National Art Education Association; and vice- an actor and as a scenic designer. While at- Friedman is to earlier economics disciplines. president of the National Art Education Asso- tending Art School in New York, he was a par- He is the first significant economist to focus on ciation. His civic involvement has included ticipating member of the Rose McClendon people as more than just the labor side of the being president of the Booker T. Washington Players as actor and scenic designer and was capitalist equation. His work brings an ethical Child Development Center, serving as a board a member of the Langston Hughes' Suitcase component to his discipline that makes it es- member of the Phoenix Opportunities Indus- Theatre. Grigsby was an apprentice to the pecially relevant for policy makers. And his re- trialization Center, the Garfield Neighborhood scenic designer Perry Watkins for the Broad- ceipt of the Nobel prize will encourage a wide Association, the Arizona State University Per- way Production, ``Mamba's Daughters''. He range of others to continue his efforts. forming Arts Board, the Neighborhood Hous- was a founding member of the Ohio State Uni- Mother Teresa said ``we can do no great ing Service of Phoenix, the Phoenix Art Mu- versity Playmakers while attending The Ohio thingsÐonly small things with great love.'' seum, the Phoenix Urban League, Phoenix State University. In Phoenix, he became a From his humble reaction to the news of his Festivals, the South Mountain Magnet School member of the Civic Drama Festival as an actor and scenic designer. award, it seems that Amartya Sen shares her Advisory Board, and the Advisory Board of sentiment. There is no question that both did Discover Art the art textbook widely used in Grigsby, a 1942 volunteer for World War II, their work with great love for the poor to whom grades 1±6. was Master Sergeant of the 573rd Ordinance they devoted their lives. Dr. Grigsby has received numerous awards Ammunition Company under 3rd Army's Gen- for his achievements. This year the National eral George Patton. He devised the method of We all know that Mother Teresa's legacy re- Art Education Association named him their providing ammunition to the fast moving 3rd futes her humility. Today, the world knows, by ``Retired Educator of the Year''. He has also Army from Omaha Beach through France, the announcement of the Nobel committee's received distinguished service awards from his Luxembourg and Germany to the Battle of the award, that Amartya Sen too has done great alma mater, Morehouse College, from The Bulge, by issuing ammunition from trucks in- things. I am honored to have this opportunity Miami University of Ohio and The Arizona Alli- stead of unloading it on the ground and re- to thank him for it, and to congratulate him on ance of Black School Educators. He has been loading it on to trucks. After the war in Europe an honor none deserves more. honored by Four Corners Art Education Asso- he wrote, produced and directed a hit musical CONGRESSIONAL RECORD — Extensions of Remarks E2159 comedy for the 573rd Army Battalion with sol- We in Congress and the states must do leadership, spiritual guidance, and dedication diers from the 572nd and the 583rd Compa- what we can to focus such attention on hate to do the Lord's will. Closer to home, Rev- nies entitled ``Two Points Shy''. This produc- crimes that it may never be said that we did erend Payton was also a dedicated family tion entertained soldiers in the German cities not act to help to prevent this great national man. of Furth, Nuremberg and Hamburg among oth- shame. He leaves to carry on his good memory, his ers. It received commendations from the 3rd f loving wife, Margaret, their childrenÐLeroy, Army Commanding Officer. Joan, Ravoyne, and Dana; his mother, Mrs. Gene Grigsby has been a creative dynamo TRIBUTE TO THE LATE REVEREND Sarah Mack Payton; five brothers, three sis- for all of his adult life. His creative energy and DOCTOR LEROY OSCAR PAYTON ters and many other relatives and friends. talent have helped to train thousands of young Reverend Payton was the epitome of what artists and art educators. He continues to be HON. THOMAS M. DAVIS makes this nation greatÐhe loved his commu- a mentor to those who have known and OF VIRGINIA nity enough to care to make a difference in worked with him for over fifty years. IN THE HOUSE OF REPRESENTATIVES everyday life, he loved his family, and he Gene Grigsby and his loving and supportive Wednesday, October 14, 1998 loved the Lord. He did not look for any acco- wife of over 55 yearsÐThomasenaÐcontinue lades. He saw what needed to be done in the to reside in Phoenix, Arizona. Mr. Speaker, I Mr. DAVIS of Virginia. Mr. Speaker, a very community and did it without seeking recogni- am happy to count Gene and Tommy Grigsby distinguished leader in the Northern Virginia tion. among my friends, and I am proud to salute and surrounding area, Reverend Doctor Leroy Northern Virginia is without Reverend Doc- the distinguished career of this great artist, are Oscar Payton passed away on September 28, tor Leroy Oscar Payton today, but the memo- educator and American citizen. 1998. ries of his strong leadership, moral courage, f Reverend Payton, born September 29, integrity, and devotion to God will live on in 1931, was the eldest of nine children born to our hearts and be an example to follow. HATE CRIMES the late Reverend Leroy Payton and Mrs. f Sarah Mack Payton. A native of Orangeburg, HON. JULIA CARSON South Carolina, he had been active in the min- TRIBUTE TO COLONEL STEVEN S. OF INDIANA istry since the age of 17. He was ordained in HOFFMAN IN THE HOUSE OF REPRESENTATIVES 1950 and served as an assistant to the pastor at the Mount Zion Baptist Church in Arlington, Wednesday, October 14, 1998 HON. JIM SAXTON Virginia. Reverend Payton held academic de- OF NEW JERSEY Ms. CARSON. I rise, Mr. Speaker, to make grees from what was then the District of Co- IN THE HOUSE OF REPRESENTATIVES a point, all apart from the self-righteous rancor lumbia Teachers College, now known as the of our recent debates before we go out from University of the District of Columbia, the Wednesday, October 14, 1998 here to our homes across the land. I am con- Washington Bible College, and George Wash- Mr. SAXTON. Mr. Speaker, I rise to con- cerned about some recent horrors in our coun- ington University. gratulate and pay tribute to Colonel Steven S. try, frightening to Americans of decency every- In 1960, he became the pastor of First Bap- Hoffman as he retires from the United States where. I rise because I think there is some- tist Church in Sycoline, Virginia, where he Air Force following 28 years of outstanding thing we can do and because this is the time served the community and congregation for military service. During his distinguished ca- to start doing it. seven years. In 1967 he was called to the reer, Colonel Hoffman has served his country, This year, we have seen horrific hate crimes Chantilly Baptist Church, Chantilly, Virginia, the U.S. Air Force, and the community of committed against innocent men. One man in where he faithfully served thirty years as pas- McGuire Air Force Base with distinction and Texas was brutally dragged behind a pickup tor. Under the leadership of Reverend Payton, honor. truck to his death merely because of the color Chantilly Baptist Church, which is place of Since July 1996, Colonel Hoffman has been of his skin. worship to a number of my constituents, has the Director of Staff and Inspector General at Another young man was savagely beaten to grown from a small rural congregation to a the 305th Air Mobility Wing, McGuire Air Force death in Wyoming because of his sexual ori- present day modern suburban church with Base, New Jersey, a responsibility that cannot entation. This was the third attack he had suf- many ministries. Reverend Payton was retired be overestimated nor underappreciated. It is fered in recent months because of his orienta- from George Washington University as the Di- during this period that I have gotten to person- tion. rector of Environmental Services. ally know and appreciate Steve's professional The FBI reported 7,947 hate crimes in 1995, My introduction to Reverend Payton was integrity and positive outlook. As the Director and 11,039 in 1996. The vast majority of these through his work at the Northern Virginia Bap- of Staff, Steve directed and supervised the crimes were based on racial prejudice. Only tist Association (NVBA). The NVBA is an as- daily operational activities of 17 wing staff 33 of these cases were prosecuted by the sociation of more than one hundred and twen- agencies. In his other role as the Inspector Justice Department under existing hate crime ty-five primarily African American churches, General, he was responsible for a base popu- laws. However, we also know that hate at- many of which are in my district in the coun- lation of over 11,000 personnel with resources tacks are chronically under-reported by victims ties of Fairfax and Prince Williams, located in over $1.1 billion and an annual budget ex- and law enforcement agencies. Attacks like the Northern Virginia region of the Baptist ceeding $250 million. Steve excelled under a the one in Wyoming are probably more wide- General Convention of Virginia. Reverend high operations tempo requiring his leadership spread than we know. Payton had been a leader in this Association and dedication at McGuire Air Force Base. We must do more to prevent these kinds of of churches for more than forty years, cul- A native of Shandanken, New York, Steve outrages. minating his tenure as the fourteenth Modera- entered the Air Force in 1970 through the Re- I have cosponsored legislation, HR 3043, to tor of this dynamic one hundred and twenty- serve Officer Training Corps and earned his require colleges and universities to collect and one-year-old organization. It was during his pilot wings as a KC±135 pilot at Laredo Air report statistics concerning the occurrence on stewardship of the Northern Virginia Baptist Force Base, Texas. Although initially trained campus of crimes arising from prejudice based Association that I came to know and respect as a pilot, Steve sought early in his career to on race, gender, religion, sexual orientation or Reverend Payton. He preached the message work with people and improve the personal disability. of, ``Love: the Binding Tie and the Healing and professional relationships within the Air I also have cosponsored HR 3081, which Balm,'' during his years as Moderator, 1993± Force. In addition to his piloting, his tours in would strengthen criminal penalties of those 1997. the Air Force included positions in Public Af- who commit violent hate crimes. Not only did Reverend Payton preach the fairs, Operations, Plans and Security, Air Many states, including Wyoming, do not word of his belief from which he drew his Force Liaison Officer and Commander/Pub- even have hate crime laws on the books. My strength, he was also actively involved in his lisher of the European Stars and Stripes. own state of Indiana has no penalties on the community. An unassuming gentle man, he Steve's devotion to country and the Air books aimed at preventing hate crimes. believed it to be his duty as a citizen in this Force is evidenced by the awards he has so These states need to act to do whatever great country to concern himself with the im- richly earned. These awards include the De- they can to prevent crimes of hate. mediate community as well as the broader fense Superior Service Medal, Meritorious Here in Congress, let us dedicate ourselves community. He had been recognized on many Service Medal with two oak leaf clusters, Air to passing strong anti-hate crimes legislation occasions and had been the recipient of nu- Medal and the Air Force Commendation before we adjourn this year. merous awards because of the warmth of his Medal with one oak leaf cluster. E2160 CONGRESSIONAL RECORD — Extensions of Remarks October 14, 1998 Col. Hoffman, his lovely wife Joyce and their and work toward common goals. Moreover, as Club of San Francisco during his 35 years of two daughters, Jessica Marie and Jennifer Chairman of the Congressional Hispanic Cau- membership. He was also Vice President of Gabrielle will soon begin a new life in his cus, he set a high standard for addressing the the Marin Forum, and Director of the YMCA/ hometown in New York. I know I speak for the important issues of the growing Hispanic pop- Marin and the Marin Theatre Company. entire McGuire community in wishing Steve ulation. Mr. Speaker, it is my great pleasure to pay and his family the very best as they leave the Congressman TORRES is a person who has tribute to Carney Campion. The North Coast U.S. Air Force. I offer my personal thanks and always provided me with invaluable guidance owes Carney Campion a great deal of grati- the thanks of an appreciative nation as he be- and support. I will always appreciate his ef- tude for his tireless efforts throughout his 23 gins a new chapter in his life. forts to improve conditions along the United years of public service at the Golden Gate f States-Mexico border which is so important for Bridge District. I extend my hearty congratula- my community. tions and best wishes to Carney, his wife TRIBUTE TO THE HONORABLE He is a true champion of the people, a Kathryn of 45 years, his six children, and ten ESTEBAN TORRES friend, and someone whose departure will be grandchildren for continued success and joy in greatly felt in this legislative chamber. His the years to come. Carney Campion will be SPEECH OF work on behalf of the 34th Congressional dis- missed, and remembered. HON. SILVESTRE REYES trict of California was tremendous, and his f OF TEXAS constituents can always be proud of the dif- TRIBUTE TO MS. MARY TULLIS IN THE HOUSE OF REPRESENTATIVES ference his tenure made for their community. Tuesday, October 6, 1998 I wish him well in his future pursuits as I know that he will remain engaged and active in HON. BENNIE G. THOMPSON Mr. REYES. Mr. Speaker, I rise to celebrate working to bring greater opportunities for OF MISSISSIPPI the accomplishments and friendship of Con- Americans everywhere. IN THE HOUSE OF REPRESENTATIVES gressman ESTEBAN TORRES who will be retir- f ing from the House of Representatives at the Wednesday, October 14, 1998 end of this session. He is truly an inspirational TRIBUTE TO CARNEY CAMPION Mr. THOMPSON. Mr. Speaker, I rise today leader who will leave this legislative body with to commend Ms. Mary Tullis of Rosedale, Mis- the respect and admiration of his colleagues. HON. LYNN C. WOOLSEY sissippi. Ms. Tullis is a shining example for His life story reflects the value of hard work OF CALIFORNIA both recipients of public assistance and gov- and determination. Growing up the son of IN THE HOUSE OF REPRESENTATIVES ernment policy makers of the ability for hard- Mexican immigrants during the depression, he working people to escape welfare when pro- has remained a humble and dignified individ- Wednesday, October 14, 1998 vided with the proper community support. ual. He has never forgotten his roots nor the Ms. WOOLSEY. Mr. Speaker, I rise today to No longer requiring public assistance, Ms. sacrifices made by his parents and their gen- honor one of my Congressional District's very Tullis was recently awarded a ``Success Story eration in speaking out for all Americans. dedicated individuals, Carney Campion. Car- Award'' by the United States Small Business After serving in the United States Army as ney is being honored as he retires from the Administration. She is now serving as a stu- a Korean War conflict veteran, his military Golden Gate Bridge, Highway and Transpor- dent assistant for the Center for Community service was just the beginning of a life of serv- tation District after 23 years of successful in- Development, which is cosponsored by the ice. Working as an auto plant worker, he be- novative transportation leadership. I am proud SBA and the Small Business Development came a labor leader throughout the 1960's to mark this occasion with his family, friends, Center at Delta State, and will be applying for and ever since has stood up for the working and colleagues on November 30, 1998 as we a position as a graduate assistant in the 1999 people of this country and around the world. celebrate his truly remarkable accomplish- Spring Semester. His leadership was soon recognized within the ments. Ms. Tullis has been attending Delta State labor movement and led him to speak on be- Carney Campion is widely recognized as a University for the past 3 years and will grad- half of workers rights throughout the Americas. transportation pioneer in his service to Califor- uate with a major in Sociology in December. His advocacy on behalf of better pay, com- nia's North Coast. As the eighth General Man- She is on the Dean's List and has been pensation, benefits and conditions for workers ager of the Bridge District, Carney success- named a Faculty Scholar. Once in graduate led to his involvement in the broader commu- fully balanced a comprehensive transportation school, Ms. Tullis hopes to write her thesis on nity by starting a community development cor- plan that effectively kept the North Coast matters relating to ``Welfare, Women and Edu- poration in East Los Angeles which grew into linked to San Francisco. Due to Carney's cation: Attaining and Sustaining Financial one of the largest anti-poverty agencies in the strong leadership skills he was able to adapt Independence.'' nation. the changing needs of our communities to the Ms. Tullis sets an example not just as a Fortunately his international diplomacy and needs of individuals. He reduced automobile dedicated worker, but also as a superb parent. economic development abilities were recog- traffic and congestion, while protecting the en- She is 47 years old, single, and a mother of nized by President Jimmy Carter. In 1976, vironment with efficient and reliable alter- 11 children ranging from 9 to 32 years old. Congressman TORRES answered the call of natives such as buses and ferries. Five of her children are in college, one is on the President, and served as Ambassador to Carney's career accomplishments are many. scholarship at Yale University and another is the United Nation's Education, Scientific and Among the most noteworthy are the develop- almost a senior on scholarship at a boarding Cultural Organization and later as Special As- ment and modernization of the unified bus and school in New England. Two of her children sistant to the President for Hispanic Affairs. ferry system; the implementation of the Dis- have already received degrees, one in Nursing Seeing an opportunity to serve as an elect- trict's public awareness, environmental health and the other in Law and Economics. ed official, we should all be grateful that in and public safety program; the purchase of the In addition to her individual achievements, 1982 Congressman TORRES won a seat in this abandoned Northwestern Pacific Railroad Ms. Tullis has unselfishly sought to assist House, and has honorably served in the right-of-way from Novato to Willits for vital fu- other public assistance recipients in following House of Representatives for the past 15 ture rail service; and his fervent commitment her course. A volunteer for numerous commu- years. to the seismic safety of the Golden Gate nity services, she has recently been selected Since coming to this legislative body he has Bridge. to be a member of the Americorps Delta Serv- worked to improve the quality of life for all Carney has been instrumental in the ad- ice Corps. Her work in the Delta Service Americans by bringing greater job opportuni- vancement of electric toll collection systems Corps will include educating and promoting ties, protecting consumers, and cleaning up on bridges throughout the world. As a long community awareness in the values of being a the environment. He has taken a lead role in time advocate of North Coast transportation volunteer, and she will also assist in creating bills impacting Trade, Banking, Crime, Hous- matters, he served as Past President to the the Community Service Projects and Signature ing, and Economic Development. Throughout, Board of Directors on the Electric Toll and Projects to locate resources which can be he has been a powerful voice for minorities Traffic Management Task Force, and Vice used for further development. and the working people of the United States. Chair to the International Task Force of the Mr. Speaker, I commend Ms. Tullis for her His committee assignments on Appropria- International Bridge, Tunnel, and Turnpike As- outstanding achievements, and I would also tions and Banking and his leadership position sociation. In his many impressive civic en- like to complement Delta State and all the as Deputy Democratic Whip reflect his tremen- deavors, Carney has served as Secretary, community service organizations which pro- dous ability to bring together diverse interests Treasurer and Vice President to the Press vided her with support in her persistent drive CONGRESSIONAL RECORD — Extensions of Remarks E2161 towards independence. Together they are a Presumptively enrolling current Medicare eli- moves the social isolation so many of these model of what can be achieved in this nation gibles for existing low-income protections ailments may create. In addition S. 1722 will through community support and individual ef- would be a good start. My hope is that in addi- help women to be aware of preventative fort. tion to making this necessary improvement, health programs and support groups designed f the next Congress and the Commission also to assist them in their time of need. will consider other options to enhance the low- Mr. Speaker, I strongly urge my colleagues INTRODUCTION OF THE QMB income protections such as simplification on both sides of the aisle to join me in an aye IMPROVEMENT ACT OF 1998 through federalization and modernizing its eli- vote for this legislation. As I stated earlier the HON. JIM McDERMOTT gibility, income, and asset test criteria. question is not when will we do it, the question MEDICAID PROTECTIONS FOR LOW-INCOME is will we do it today? OF WASHINGTON MEDICARE BENEFICIARIES f IN THE HOUSE OF REPRESENTATIVES QMB: Qualified Medicare Beneficiaries eli- Wednesday, October 14, 1998 IN SUPPORT OF THE PASSENGER gible for financial assistance covering Medi- SERVICES ENHANCEMENT ACT Mr. MCDERMOTT. Mr. Speaker, today Mr. care premiums, deductibles, and copayments for singles/couples at or below 100% of pov- STARK and I introduced legislation that will dra- SPEECH OF matically improve the Medicare program for its erty—$8,292/$11,100 year. SLMB: Specified Low-Income Medicare low-income beneficiaries. If passed, our legis- HON. JIM RAMSTAD Beneficiaries eligible for Part B premium as- OF MINNESOTA lation will ensure that Medicare beneficiaries sistance for singles/couples between 100 & IN THE HOUSE OF REPRESENTATIVES eligible for existing income protections actually 120% of poverty—$9,900/$13,260 year. receive the benefits they deserve. QI–1: BBA ’97 allows Qualified Individuals Friday, October 9, 1998 The current Medicare program places many to apply for block grant assistance to pay for Mr. RAMSTAD. Mr. Speaker, I rise in sup- beneficiaries at risk due to the inadequacy of Part B premiums if the single/couple’s in- come is between 120 and 135% of poverty— port of this bill before us today to provide for its benefit package. Specifically, Medicare's the continuation of preclearance activities for high out-of-pocket costs for ``covered services'' $11,112/$14,892 year. QI–2: BBA ’97 allows Qualified Individuals air transit passengers. and its failure to cover the cost of prescription to apply for assistance to pay for the portion I want to thank Mr. CRANE and Mr. SHAW for drugs and long-term care can seriously erode of the Part B premium increase caused by working with me on this important legislation a beneficiary's total family income. Addition- transfer of Home Health Services from Part to help facilitate the services Customs pro- ally, as Congress continues to push all bene- A to Part B if the single/couple’s income is vides to process the massive amounts of peo- ficiaries into Medicare managed care, many between 135 and 175% of poverty. This benefit ple and products entering and existing our more low- and moderate-income beneficiaries is estimated to be worth $1.07/month per ben- country. eficiary. will face increased financial risks. This bill, which is similar to legislation Mr. In 1995, 12.2% of Medicare's 35 million Part B premiums cost $43.80/month equal- ing $525.60/year. CRANE and I introduced last April, would allow beneficiaries were at or below 100% of the the Customs Service to access funds in the f Federal Poverty Level (FPL), 6.2% were be- User Fee Accounts and enhance inspector tween 100% and 120% FPL, and 4.9% had in- WOMEN’S HEALTH RESEARCH AND staffing and equipment at preclearance service comes between 120% and 135% FPL. Despite PREVENTION AMENDMENTS OF locations in foreign countries. their dual eligibility for both Medicare and 1998 This is significant because if U.S. Customs Medicaid, health care spending averaged eliminates these positions, preclearance for roughly 30% of their total family income. SPEECH OF passengers to the United States will slow, The programs that Congress designed to travel will be disrupted, and the tourism indus- protect low-income beneficiaries from unrea- HON. EDOLPHUS TOWNS try in many states will suffer. Allowing the sonable out-of-pocket costsÐthe Qualified OF NEW YORK preclearance services to continue means a Medicare Beneficiary (QMB), Specified Low- IN THE HOUSE OF REPRESENTATIVES great deal to many employers in my district, Income Beneficiary (SLMB), and Qualified In- Tuesday, October 13, 1998 like Northwest Airlines and all those affiliated dividuals (QI±1 and QI±2) programsÐare no- Mr. TOWNS. Mr. Speaker, I rise today in with the Mall of AmericaÐwhich attracts more torious for having poor enrollment of eligible visitors each year than Disneyworld, Medicare beneficiaries. strong support of S. 1722, The Women's Health Research and Prevention Amendments Graceland and the Grand Canyon combined. A recent report by Families USA found that The Customs Service has said there are in- nationwide, roughly 3.5 million Medicare bene- of 1998. This legislation is a positive step in the right direction towards prioritizing research sufficient resources in its salaries and ex- ficiaries are eligible for QMB, SLMB & QI±1 penses account to fund the enhanced benefits but are not receiving them. The report and prevention in regards to women's health. This timely legislation increases Congress preclearance positions. This bill gives access highlighted that Washington State was the to excess funds in the User Fee Account, 10th worst state at enrollment with roughly support of research which will clearly benefit a segment of the population often relegated to a without any additional cost to taxpayers. Act- 100,000 eligible beneficiaries not coveredÐ ing-Commissioner Banks testified before our costing WA low-income beneficiaries $55 mil- ``second place'' status in research. For too long, research on men has been extrapolated Ways and Means Committee in support of our lion alone in lost Social Security benefits. earlier version of the legislation, and the airline The lost Social Security benefits are attrib- to women especially in the area of cardio- industry supports it as well. utable to eligible seniors having their part B vascular disease. It is time for Congress to ac- knowledge the lack of strong and complete re- I appreciate how quickly the House has rec- premiums automatically deducted by Medicare ognized the merits of this legislation and al- from their Social Security checks each month search on women's health issues, and do something about it. The question should no lowed us to bring it to the floor today. I urge even though they are eligible for one of the my colleagues to join me in support of this existing income protection programs. The loss longer be when, the question should be, shall we do it today? This legislation is our oppor- critical bill. of $43.80 month/$525.60 year is tremendous f to a Medicare beneficiary whose income hov- tunity to tell the women of America that we ers around $8,000 to $9,000 a year. recognize their unique health problems and KATHLEEN LUKENS—A LIVING The reasons for poor enrollment vary, so want to advance plans to combat them. SAINT rather than dwell on our collective failure, we The bill expands research and education in propose action to fix the problem. Our legisla- areas such as; breast, ovarian and related HON. BENJAMIN A. GILMAN cancer, osteoporosis, Paget's and other bone tive solution simply would presumptively enroll OF NEW YORK diseases. These diseases have devastated eligible Medicare beneficiaries in the appro- IN THE HOUSE OF REPRESENTATIVES priate QMB or SLMB protection programÐen- many women, but this legislation allows us to rolling as close to 100 percent of eligibles as continue to elucidate their pathogenesis, treat, Wednesday, October 14, 1998 possible. and most importantly possibly prevent these Mr. GILMAN. Mr. Speaker, it is with deep As Congress and the National Commission diseases. The importance of the education regret that I inform our colleagues of the pass- on the Future of Medicare struggle to reform and early detection programs this legislation ing of Mrs. Kathleen Lukens, a resident of the Medicare program, we need to keep an extends should not go unnoticed. Education is Rockland County, NY, late last night. open mind about how we can do more to im- one of the most powerful keys to empowering Kathleen Lukens is a lady for whom the title prove, rather than harm, the program. women with regards to their health. It also re- ``living saint'' was exceptionally appropriate. E2162 CONGRESSIONAL RECORD — Extensions of Remarks October 14, 1998 She was the personification of the giving, lov- and the Dominican College. She was named and the industry gave birth to tens of thou- ing person who are so rare in today's world. outstanding woman in Rockland County by the sands of new jobs in the last year alone. She served as an inspiration for many and will Association of the American Society of The franchisor/franchisee relationship is fun- not soon be forgotten. Women. damentally an economic one where the objec- A recent editorial stated that: ``Kathy Lukens In 1984, Kathy Lukens was named `woman tive of each party is to make money. By pur- is the mover of every developmentally dis- of the year' in New York State by Governor chasing a franchise, a franchisee can sell abled child, so committed has she been to Cuomo. Later that same year, the Governor goods and services that have instant name showing Rocklanders and others they need bestowed upon her the Eleanor Roosevelt recognition, while the franchisor can increase not offer `pity' but recognize that these people Community Service Award. market access with little or no risk. However, are `gifts to us'.'' Lukens was appointed in 1985 to the New buyers should bewareÐlike any investment, In the mid 1960's, Kathy Lukens became an York State Advisory Council on Mental Retar- purchasing a well-known franchise is no guar- activist in order to help her own son, David, dation and Developmental Disabilities. Gov- antee for success. As I have studied this who was developmentally impaired. Her move- ernor Pataki appointed her to the Provider issue, I have come to realize that there is an ment grew by leaps and bounds, due in good Council of New York in 1996. uneven playing field for the small business part to her energy and dedication. She first Among the major achievements of Kathy person looking to become a franchise owner. created a day care program specifically for Lukens' life was the establishment of camp For instance, while pre-sale disclosure infor- children with developmental disabilities, and venture. She understood that those in our so- mation must be made available to the buyer then became founder and first president of the ciety who could not help themselves needed by the corporate franchisor, post-sale opportu- nities to pursue recourse for presentation of Exceptional Child P.T.A. She established our time, our efforts, our energy and our love. misleading or false information in the pre-sale camp venture in 1969, the first all day summer In summary, the life and career of Kathy Lu- negotiations are inadequate. I am introducing camp program for the disabled. Today, it is kens is that of a truly unique lady who distin- this legislation because I believe this gross in- open to all children. guished herself in more facets than most other equity needs to be addressed. Venture also operated 15 group homes for people: an outstanding teacher, journalist, au- Under present regulations, small business the challenged, affording them with a venue to thor, humanitarian, care giver and mother, franchise operations are subject to the Federal conduct productive, normal lives. Over 1,000 Kathy Lukens was a renaissance person, who Trade Commission's (FTC) trade regulation individuals are served today by the programs remained humble and unassuming regarding rule. The FTC issued this rule, entitled the Kathy Lukens initiated. her own remarkable accomplishments. Those ``Disclosure Requirements and Prohibitions Kathy Lukens was born on Jan. 5, 1931, in of us who had the honor of knowing and lov- Concerning Franchising and Business Oppor- Philadelphia, PA, the daughter of Joseph and ing her were well aware that this modest lady tunity Ventures'' on December 21, 1978, and Margaret Burge. She lived in Philadelphia be- was in fact one of the more remarkable per- under the Federal Trade Commission Act. The fore moving to New Jersey when she was 13 sons we would ever encounter. FTC rule requires franchisors to give prospec- years old, attending elementary schools in It is of some small gratification that Kathy tive franchise purchasers financial details Edgewater and Bergenfield. remained with us long enough to see the new about the business and explain the arrange- Kathy attended Columbia University's grad- Center for Adult Living and Day Treatment ments in the franchise agreement. Well inten- uate program and in 1952 graduated from Center in Sparkill named in her honor. It is a tioned as this prospectus requirement is, as Barnard College with distinction and a bach- fitting tribute to this lady who gave so much the old saying goes, ``the devil is in the de- elor of arts degree in history. for so many others. tails,'' and I am afraid that much of this pre- Kathy married Dr. John H. Lukens, a clinical We extend our deepest condolences to her sale information, while detailed, may be very psychologist, in Bergenfield, NJ, in Sept. 1954. widower, John, who for 44 years was truly her misleading. After hearing many horror stories They moved to Rockland County in 1958, set- partner in goodness. We also extend our sym- from franchise owners about the inaccuracy of tling in Tappan. pathies to her son, Daniel, who has now taken pre-sale disclosure, I must question the reli- Kathy was first employed as an elementary over the operations of camp venture, her son ability of this information. In fact, there are no school teacher and as a newspaper reporter David, who inspired her to dedicate her life to current protections to ensure that this informa- for the Bergen Record in New Jersey and the others her son Mark who duplicated much of tion is relevant and accurate. The FTC, the Rockland Independent and the County Citizen, her work by helping found Crystal Run, a simi- regulatory body with oversight responsibility, both in Rockland County, prior to establishing lar facility in Orange County, and her son Jon- does not even review this material for accu- camp venture in 1968. athan. racy as say the Securities and Exchange Kathy was the author of two books: Thurs- We extend our condolences to her daughter Commission must when a private company day's Child Has Far To Go (1969) and Song Margaret and to her nine grandchildren. readies itself for a public stock offering. of David (1989). Her early career encom- We also extend condolences to the thou- The FTC enforces the franchise rule as part passed an amazing amount of volunteer work. sands of individuals and their families whose of its consumer protection mission. However, She co-founded the Tappan Zee Nursery lives were touched and made better by this FTC enforcement is definitely lacking. Under School in 1959 and served as president of the exceptional lady. current rules, franchisees do not have the right Lockhart Nursery School in 1964. Kathy Lukens, who left us too prematurely, to sue franchisors for violations of the fran- In 1974, Kathy Lukens founded the Child will long be missed. chise rule. The FTC brings suit only on behalf Advisory Council of the Rockland County Leg- f of the federal government, not as a represent- islature. She founded and was president of the ative of individuals who may have been ad- Rockland County Exceptional Child Parent THE SMALL BUSINESS FRANCHISE versely affected. In July 1993, an audit by the Teacher Association in 1958; was chair of the ACT OF 1998 General Accounting Office found that the FTC Rockland County Community Service Board acted on less than six percent of all franchise from 1991 to 1997, and was vice chair from HON. HOWARD COBLE complaints brought to its attention. 1982 to 1985; was chair of the district plan- OF NORTH CAROLINA Because of the FTC's inability to review ning focus group of the Letchworth transition IN THE HOUSE OF REPRESENTATIVES more franchise complaints, the FTC recently group from 1995 to 1997; and the Board of Di- approved a plan to allow the largest corporate Wednesday, October 14, 1998 rectors of the New York Foundling Hospital franchisors to self-regulate their own indus- from 1985 to 1990. Mr. COBLE. Mr. Speaker, I rise today to in- tries. Under this program, violators of fran- Kathy Lukens was very active in the anti-nu- troduce the Small Business Franchise Act of chise disclosure laws could avoid federal en- clear movement in the 1960's, and was a par- 1998. forcement proceedings by attending what ticipant in the famous march on Washington in Franchise businesses represent a large and amounts to an industry-run reform school that 1963, at which Martin Luther King, Jr. gave his growing segment of our nation's retail and it intended to teach franchisers how to comply famous ``I have a dream'' speech. service businesses and are rapidly replacing with disclosure rules. And adding insult to in- Kathy was the first women elected to the more traditional forms of small business own- jury, if the corporate violator completes this U.S. Catholic Bishop's Advisory Council in ership in our economy. As a result, franchise program, they do not have to report the infrac- 1973 and co founded the Rockland County owners have become the heart and soul of tion on disclosure documents available to pro- Catholic Interracial Council in 1963. America's economic engine and the backbone spective small business franchisees. Mr. Kathy Lukens received honorary degrees of local commerce. In fact, according to the Chairman, I venture to say that this FTC ruling from the College of New Rochelle, from Long International Franchise Association, a new threw full disclosure and due diligence for fu- Island University, St. Thomas Aquinas College franchised outlet opens every eight minutes ture franchise owners right out the window. CONGRESSIONAL RECORD — Extensions of Remarks E2163 In the past 20 years, there has been tre- considered on the floor. Instead, they have have fallen by 20%. Through no fault of their mendous change in the franchising industry, supported anti-public school initiatives such as own, Kansas farmers will miss out on over $2 and as a result, I believe it is time for Con- school vouchers and budget cuts in essential billion in farm income due to lost markets and gress to review the franchise rule and level education funding. low prices. We need to take action, not just for the playing field for the thousands of small Mr. Speaker, recent polls indicate that the today, but for the next generation. business owners who invest in franchise oper- American voters are primarily concerned with In the short-term, the most important issues ations. The legislation that I introduce today, improving public education in this country. is the disaster relief bill for agriculture. This bill along with my distinguished colleague from However, the Republican 105th Congress has passed both the House and Senate, only to be Michigan, Congressman JOHN CONYERS, ad- failed to act on legislation that would help to vetoed by the President. The passage of this dresses the fundamental and necessary safe- improve our Nation's public schools. School legislation could not be more timely or impor- guards that this industry so desperately needs. modernization and class size reduction legisla- tant. The price decline, combined with the I believe that the safeguards provided by this tion is vital to enabling local school districts to weather and transportation problems, has left legislation level the playing field for small busi- renovate and modernize their existing facilities many farmers and ranchers in dire straits. ness franchisees across our nation. This legis- as well as to build new classrooms that will Congress and the President need to put aside lation, like the Automobile Dealers Day in enable them to effectively address rising their differences to pass a meaningful relief Court Act and the Petroleum Marketing Prac- school enrollments. bill. tices Act, rights the imbalance that has existed According to the General Accounting Office, In the long-term, removing sanctions and for too long in the franchisor/franchisee rela- our neighborhood schools are sorely in need foreign subsidies must be a to priority for Con- tionship. of $112 billion to repair or upgrade dangerous gress. I am pleased that a bill to limit agri- Recognizing that it is too late to act on this and substandard school facilities. In fact, 60 culture embargoes has passed the House. legislation during the 105th Congress, I am percent of the Nation's public schools have at This bill should be approved by the Senate hopeful that the 106th Congress will address least one major building feature in complete and sent to the President for him to sign into this matter and ensure that this important seg- disrepair. law. Congress should then focus on repealing ment of the small business world will remain Before the 105th Congress adjourns, we sanctions that currently damage our producers viable for future generations. must work to address these and other prob- and work to ensure that new sanctions are f lems associated with critical funding needs for done only as a measure of last resort, and not school modernization and class size reduction. a knee-jerk reaction to the problem of the day. WAIVING REQUIREMENT OF The Democratic education proposal provides If this is going to be a global agricultural econ- CLAUSE 4(b) OF RULE XI WITH Federal tax credits to pay the interest on $22 omy, we in the U.S. have to give our farmers RESPECT TO CONSIDERATION OF billion in bonds for the modernization or con- a chance to sell and market around the globe. CERTAIN RESOLUTIONS RE- struction of more than 5,000 schools across Subsidies must also be addressed. The Ex- PORTED FROM COMMITTEE ON the country. It also assists local school dis- port Enhancement Program, one of our only RULES tricts in hiring an additional 100,000 qualified programs available to promote agriculture ex- teachers and reduce class size in grades one SPEECH OF ports, has been left unused since I arrived in through three. At a time when the Nation's exports, an increase of 300%. The U.S. is still HON. LOUIS STOKES public schools are experiencing record school being out spent by nearly $7 billion by the Eu- OF OHIO enrollment, and many teachers in the early ropean Union. To do nothing is the worst re- IN THE HOUSE OF REPRESENTATIVES grades have classes at large as 36 students, sponse possible. We cannot afford to stand by Saturday, October 10, 1998 this effort is absolutely essential. while our competitors take away markets by It is for these reasons that I urge my col- using aggressive government subsidies. Mr. STOKES. Mr. Speaker, I rise in strong leagues to join me in opposing the martial law Mr. Speaker, we owe a lot to the American opposition to the martial law resolution, H. resolution. It is time to stop playing games. farmer. Working together on their behalf is the Res. 589. This measure waves the one-day We must get to work and enact legislation that least we can do. It is time to act. layover requirement, guaranteed by House will benefit all of our Nation's children and en- rules, and allows any appropriations bill, ap- sure that they have access to quality public f propriations conference report or continuing school education. THE NORTHWEST SALMON resolution to be brought to the floor for a Vote no on H. Res. 589 RECOVERY ACT OF 1998 voteÐtoday and for the remainder of the f 105th Congress. This is yet another attempt by the Republican majority to prevent critical AGRICULTURE’S UNFINISHED HON. ELIZABETH FURSE Democratic proposals from being brought to BUSINESS OF OREGON the floor for consideration. IN THE HOUSE OF REPRESENTATIVES In spite of the fact that the fiscal year is HON. JERRY MORAN Wednesday, October 14, 1998 over, the Republican Congress has failed to OF KANSAS complete the regular business of the House, IN THE HOUSE OF REPRESENTATIVES Ms. FURSE. Mr. Speaker, as the entire including: Passing a budget resolution and country knows, the Pacific Northwest enjoys concluding action on several appropriations Wednesday, October 14, 1998 significant benefits from federal power through bills. Mr. MORAN of Kansas. Mr. Speaker, I rise the Bonneville Power Administration. As I Rather than legislating, House Republicans today on behalf of America's farmers and have advocated throughout my career, the have focused their efforts on investigating. In ranchers. Agricultural producers make up only Northwest also needs to be able to meet all of fact, over the last four years, House Repub- two-percent of the U.S. population, yet they the public obligations associated with these licans have spent more than $17 million on are productive and efficient enough to safely benefits, including restoring fish and wildlife, more than 50 politically-motivated investiga- and inexpensively feed this country and much meeting tribal treaty and trust obligations, and tions in the House. They have shown very lit- of the rest of the world. Our agricultural pro- paying the U.S. Treasury. tle interest in creating positive legislative ac- duction system is the envy of the world, but I come to the floor today to introduce legis- complishments that would benefit our Nation's we cannot take it for granted. lation that will give the Northwest region new working families. And, they have wasted valu- Mr. Speaker, farmers and ranchers work tools to deal with anticipated changes in the able time on promoting excessively partisan hard for us. Tonight I call on Congress and utility industry, and new tools to promote salm- issues. the President to return the favor. on recovery and renewables conservation. Earlier this year, congressional Democrats Agriculture is different than other U.S. indus- This bill, the Northwest Salmon Recovery joined the administration in introducing a com- tries. It is a sector that is at the whims of both Act of 1998, includes the following provisions prehensive education proposalÐwhich in- government policies and the global economy. to help the region get on track with its con- cludes school modernization and class size re- Unfortunately, neither one of these influences servation responsibilities: duction initiatives. These efforts are critical to are controlled by the Kansas farmer. The col- First, a Unified Plan for Fish and Wildlife. ensuring that students across the United lapse of the Asian economy has beaten down Under this bill, the Secretary of the Interior will States are prepared for the twenty-first cen- prices like a hailstorm ripping across the Kan- be responsible for overseeing the develop- tury. However, House Republicans have con- sas plains. According to the U.S. Treasury De- ment of a unified plan for salmon recovery in tinuously blocked this legislation from being partment, Kansas' agricultural exports to Asia the Pacific Northwest. The plan will have as its E2164 CONGRESSIONAL RECORD — Extensions of Remarks October 14, 1998 goal to restore harvestable, sustainable fish DANTE B. FASCELL NORTH-SOUTH Mr. Robinson became a full-time lawyer in and wildlife populations in the Columbia Basin, CENTER ACT OF 1991 1947. The law firm of Hill, Martin and Robin- consistent with the ESA, the NW Power Act, son had been handling some civil rights cases the U.S.-Canada Pacific Salmon Treaty, and SPEECH OF when they received a letter in 1951 from two the Clean Water Act. HON. AMO HOUGHTON black high school girls in Prince Edward Coun- Second, the bill establishes a Natural Re- OF NEW YORK ty, VA, who said their school was inadequate sources Recovery Fund. This Fund will aid us IN THE HOUSE OF REPRESENTATIVES and that 450 students refused to attend class- in paying for restoration of fish and wildlife in es. The decision to take this case led to their the Columbia Basin, the fish mitigation and Monday, October 12, 1998 historic involvement in Brown vs. Board of enhancement requirements of the Northwest Mr. HOUGHTON. Mr. Speaker, I rise today Education in 1954. The Virginia case was Power Act, and the water quality standards to applaud the University of Miami for naming combined with Brown and other cases from under the Clean Water Act. Funding would the North-South Center after one of their most South Carolina and Delaware. come from a 3 mills/kilowatt hour charge on all esteemed graduates and one of the greatest The Supreme Court's decision in Brown vs. retail power sales in the northwest. Members of Congress to sit in this chamberÐ Board of Education declared that segregation Third, this bill provides accountability. The Dante Fascell. in public schools violated the constitution. bill provides for an improved accounting sys- My experience with Dante really started When the court handed down its decisions, tem for BPA expenditures, based upon GAO when I joined the International Relations Com- the justices also ruled on the four other cases. recommendations. Under these provisions, mittee in 1988. Dante was Chairman. He was Since Robinson had become legal rep- Treasury repayments are met; WPPSS debt always fair, even handed, and very knowl- resentative of the Legal Defense and Edu- obligations are met; costs for flood control, edgeable in all matters of international rela- cational Fund in Virginia in 1948, he was navigation, power generation, irrigation, and tionsÐespecially on issues pertaining to the charged with arguing the constitutional history fish & wildlife are independently assessed and U.S.-Latin America relationship. That's why I of the 14th Amendment before the Supreme reported; and accounting records are made feel that naming the Center after Dante is par- Court during the Brown case. publicly available. ticularly appropriate. Robinson's view was that the 14th Amend- Finally, this legislation creates a cost recov- Dante Fascell has contributed so much to ment had envisioned the establishment of ery mechanism that would give BPA author- the North-South Center, the University of complete equality for all people, regardless of ization to adjust the rates of its customers up Miami, the Congress, the Nation, and the race. Equality was denied to blacks, he held, to the market rate. world. I'm so glad that he's been honored so as long as their children could not go to white At this critical time for salmon in the North- appropriately. I think I speak for everyone, Mr. schools. west, bold steps are needed to ensure that Speaker, when I say that we all miss him Continuing his civil rights advocacy, Mr. these fish do not go extinct. I know that my dearly. Robinson helped lead the 1956 fight against colleagues continue to lead the fight to protect f Virginia's so-called NAACP Bills, a set of laws salmon and restore the greatness of these passed by Virginia legislators attempting to Northwest icons after I'm gone. TRIBUTE TO SPOTTSWOOD W. cripple the activities of the National Associa- f ROBINSON, III tion for the Advancement of Colored People. The U.S. District Court in Virginia eventually DANTE B. FASCELL NORTH-SOUTH HON. ELIJAH E. CUMMINGS threw out the laws in a decision that called CENTER ACT OF 1991 OF MARYLAND them unconstitutional. Judge Robinson was also an instrumental SPEECH OF IN THE HOUSE OF REPRESENTATIVES force in the following landmark civil rights deci- Wednesday, October 14, 1998 HON. E. CLAY SHAW, JR. sions: OF FLORIDA Mr. CUMMINGS. Mr. Speaker, I rise today McGhee vs. Sipes and Hurd vs. Hodge, IN THE HOUSE OF REPRESENTATIVES to recognize Spottswood W. Robinson, III. 1948 (decided along with Shelley vs. Kraemer) Judge Robinson died in his Richmond, Virginia in which the Supreme Court ruled that court Monday, October 12, 1998 home on Sunday, October 11, 1998. He was enforcement of race-based restrictive property Mr. SHAW. Mr. Speaker, I rise today in sup- 82 years of age. covenants is unconstitutional. port of H.R. 4757, a bill to name the North- Spottswood W. Robinson, III was a federal Morgan vs. Virginia, 1948 where the Su- South Center after our former colleague, appeals judge, law school dean, civil rights at- preme Court ruled that State-enforced racial Dante Fascell. torney, husband, father, son, friend, and segregation in interstate transportation is un- It is fitting that Congress is naming the HERO. The world is less one phenomenal in- constitutional. North-South Center, which Dante helped dividual, and I rise because I must pay tribute Chance vs. Lambeth, 1951 in which the 4th found, in his honor. During his long and distin- to his life and his many accomplishments. As U.S. Circuit Court of Appeals ruled and the guished career in the House, Dante used his a Howard University Law School graduate, I Supreme Court upheld that carrier-enforced position as chairman of the Foreign Affairs was inspired by those civil rights giants who racial segregation in interstate transportation is Committee to promote understanding and co- also inspired and taught Judge Robinson. It is unconstitutional. operation between nations of the Western upon the back of Judge Robinson on which I Department of Conservation and Develop- Hemisphere. To advance this view, in 1984 rise. ment vs. Tate, 1956 where the 4th Circuit Dante helped establish the North-South Cen- A graduate of Virginia Union University in ruled and the Supreme Court upheld that the ter, located in Miami. This educational institu- Richmond, Judge Robinson entered the How- denial of state park facilities on racial grounds tion helps promote better relations between ard Law School in 1936, at age 20. His arrival is unconstitutional. the United States and the other nations of the came at a time when Charles Hamilton Hous- In addition, from 1949 to 1951, he was part Western Hemisphere through cooperative ton, a pioneering black lawyer, was building of an NAACP team that defended the study, training and research. Today, the North- the law school into a think tank for civil rights. Martinsville Seven, a group of black men ac- South Center plays an essential role in the According to U.S. Court of Appeals Chief cused of raping a white woman in Martinsville, conduct of American diplomacy. Judge Harry Edwards, ``Robinson graduated VA. The men eventually were executed. Mr. Speaker, one of Chairman Fascell's top from Howard Law School with what is still re- President John F. Kennedy appointed Rob- priorities in Congress was to promote closer puted to be the highest scholastic average in inson to the United States Commission on relations among our allies in this hemisphere. the school's history.'' He received his law de- Civil Rights where he served from 1961 to Dante was also a tireless fighter against tyr- gree in 1939 from Howard, magna cum laude. 1963. In 1964, he was appointed by President anny and oppression in Latin America and the Originally planning to return to practice law Lyndon B. Johnson as the first black to serve Caribbean. Since the North-South Center is with his father in Richmond, he accepted a as a judge of the U.S. District Court in Wash- essentially carrying on Dante's work, it is fit- two-year teaching fellowship at Howard, ington. Judge Robinson was also the first ting that this organization be named in his which, due to World War II, turned into eight black to serve as a judge of the U.S. Court of honor. I hope the naming of the North-South years. In 1941, Oliver W. Hill, Martin A. Martin Appeals for the District of Columbia and, was Center will remind future generations, and es- and Spottswood W. Robinson III formed the chief judge of the appellate panel from 1981 pecially South Floridians, the gratitude we owe law firm of Hill, Martin and Robinson. Mr. Rob- until 1986. Dante Fascell for his tireless efforts. inson taught full time and practiced law part At the courthouse, Judge Robinson was I urge my colleagues to support H.R. 4757. time. known to friends as ``Spots.'' A self-effacing CONGRESSIONAL RECORD — Extensions of Remarks E2165 and kind man whose conscientious matter led Entrtainment Media Institute, National Hispanic has been an inspiration for Hispanics and all him to once fill a 43 page opinion with 403 Foundation for the Arts, Hispanic Academy of Americans. He stands as a model of a person footnotes. Media Arts and Sciences, the National Council having the courage to sometimes stand alone Judge Robinson was bestowed with many of La Raza (host of the Alma Awards), and and blaze a new trail in the name of public honors during his life for his work in civil rights many others. service. He is an example of the American and commitment to community. In his home Just last month during Hispanic Heritage ideal that one person can truly make a dif- State of Virginia, the Old Dominion Bar Asso- Month events, Diane and I discussed the di- ference. His powerful voice spoke out for the ciation gave him its President's Award in rection of one of the non profits with whom we hopes and dreams of millions of Americans, 1988. The National Bar Association honored both have worked, and, as always, I was im- and his level of dedication and commitment is him with its Wiley A. Branton Award in 1993. pressed with her passion and her commitment a standard for all Members of Congress. In 1995, Mr. Robinson was honored in the Vir- to the prospect of including Hispanics in the I am proud to say that I have known Con- ginia Power/North Carolina Power ``Strong entertainment industry at all levels, from on- gressman GONZALEZ for many years. I am Men and Women, Excellence in Leadership'' camera talent, to behind-the-camera talent, to even more proud to have had the opportunity educational series. He also received an honor- the business suites of the studios. to serve with him as a Member of the 105th ary doctorate of laws in 1986 from New York Diane and I share a common philosophy Congress. Congressman GONZALEZ is a per- Law School, for his efforts ``to achieve true about how to accomplish our goal of getting son whose strength of character and tenacity equality under the law for all Americans'' and more Hispanics in the entertainment industry. I admire and respect. addressing ``the conscience of the nation.'' We both believe that if you appeal to the bet- As he leaves this legislative body, his inde- In his personal life, Judge Robinson was an ter angels of those you are trying to convince, pendent spirit will forever remain in this cham- accomplished woodworker and an amateur ar- you get more done. My grandfather used to ber. We will always remember Congressman chitect who designed his own split-level home tell me that you get more flies with honey than HENRY B. GONZALEZ as a fierce advocate for in Richmond. He loved fishing so much that with vinegar. the highest American ideals. His 37 years of the built his own fishing boat in his basement Diane knows, from her position inside the service are filled with distinction and accom- in 1953 and utilized it for 25 years. industry, that if the Hispanic presence is to plishments, and his constituents can be proud Judge Robinson is survived by his wife, change, so, too, must the voices doing the of sending a legendary advocate for his district Marian Wilkerson Robinson; a son, presentation. We are both persuaded that the and for all Americans. Spottswood W. Robinson IV of Richmond; a very best way to increase that presence is to Congressman HENRY B. GONZALEZ, I wish daughter, Nina Govan of Greenbelt, MD; and approach both the industry and the community you well in your future pursuits, and know that a sister, Mrs. Isadore Burke of Freeport, Baha- with reasoned voices. you leave a powerful legacy of tirelessly work- mas. I ask my colleagues to join me in commend- ing for the betterment of America. Judge Spottswood W. Robinson, III, is gone, ing Diane for her role in increasing the number f but his legacy shall remain. His hard work and of Hispanics throughout the industry, and for dedication paved the way for those of us who being a role model for those who aspire to be AUTHORIZING THE COMMITTEE ON came after him. As an African-American male, part of the entertainment industry. THE JUDICIARY TO INVESTIGATE an attorney, and an elected member of this f WHETHER SUFFICIENT GROUNDS esteemed body, it is incumbent upon me to EXIST FOR THE IMPEACHMENT honor Judge Robinson for allowing me to TRIBUTE TO THE HONORABLE OF WILLIAM JEFFERSON CLIN- tread mightily in his footsteps. HENRY B. GONZALEZ TON, PRESIDENT OF THE UNITED f STATES SPEECH OF DIANE MEDINA’S ‘‘COMMUNITY HON. SILVESTRE REYES SPEECH OF EXCELLENCE AWARD’’ OF TEXAS HON. VITO FOSSELLA IN THE HOUSE OF REPRESENTATIVES OF NEW YORK HON. SOLOMON P. ORTIZ Friday, October 9, 1998 IN THE HOUSE OF REPRESENTATIVES OF TEXAS Thursday, October 8, 1998 IN THE HOUSE OF REPRESENTATIVES Mr. REYES. Mr. Speaker, I rise in tribute to Congressman HENRY B. GONZALEZ who will be Mr. FOSSELLA. Mr. Speaker, it is with a Wednesday, October 14, 1998 retiring from the House of Representatives at heavy heart that I rise today to support this Mr. ORTIZ. Mr. Speaker, I ask my col- the end of this session. As the Dean of the resolution. I say this not as a Republican, not leagues to join me in honoring a leading His- Texas delegation, he has been a remarkable as a New Yorker, but as a person who loves panic in the entertainment industry, Diane Me- representative for his district, for Texas, and this great country and all it represents. dina, the Director of Diversity Programs for the for the entire Nation. Earlier today, the gentleman from New York, Walt Disney Company. Next month, Diane will Throughout his career Congressman GON- Mr. NADLER, stated in essence: ``This matter be honored by the Latino Entertainment Media ZALEZ has never failed to stand up for the will be the most divisive issue this nation has Institute's Community Excellence Award. rights of others. For over 40 years, beginning faced since Vietnam.'' While I do not question The Latino Entertainment Media Institute is in the Texas legislature and throughout his ca- the gentleman from New York's belief that he a non-profit organization which follows and reer in the United States House of Represent- believes this to be true, I do take exception to speaks to the issue of Hispanics in the enter- atives he has stood up for minorities. More- the comparison and respectfully disagree. tainment industry. Their theme this year is: over, he has continually spoken out for im- Here is why during the Vietnam war, as has ``Investing in our Image.'' proved educational, economic and housing op- been the case with every war or military con- Diane Medina is uniquely qualified for this portunities for the Nation. His legendary cour- flict since our nation's birth, men and women award. Her entire life she has worked to bring age to stand by his principles, and singularly were sent overseas with a willingness to die Hispanics into the entertainment industry take on controversial positions in the national for freedom, liberty and to defend the rule of across a wide swath of opportunities that cur- interest are an inspiration to all Americans. law. In the case before us, the President of rently exist. She was born and raised in Moreover, we should all be grateful for his the United States has been charged with vio- Southern California, where she has worked in skilled leadership as Chairman of the House lating the rule of law that so many Americans the industry for over 25 years. She worked at Banking Committee. His oversight and inves- have died for and are still willing to die for at ABC in Human Resources and diversity, mov- tigative skills steered our Nation through one a moments notice all over the globe. The ing to the Walt Disney Company after they of the most serious financial periods of our same rule of law that we must ensure applies bought ABC. Nation. Through his insightful and decisive ac- equally to every single American, including the Walt Disney knew a good thing when they tions he brought about meaningful solutions to President of the United States. saw it. Diane has immersed herself in the non- the devastating multibillion dollar savings and This matter goes to the very heart and soul profits associated with the industry which ad- loan crisis. Additionally, he averted a similar of what America is all about. This matter will vocate a larger inclusion of Hispanics in Holly- crisis in the banking industry with important determine whether we defend the Constitution, wood. She sits on boards for the following legislative reforms with an overhaul of our sys- or destroy it. I hope and pray that each distin- non-profits dealing with issues pertaining to tem of deposit insurance. guished Member of this body places America Hispanics in the entertainment industry: the Furthermore, as the first Mexican-American first and that each Member sees through the Imagen Foundation, Nosotros, Latino Congressional Representative from Texas, he clouds of rhetoric to uphold the rule of law. E2166 CONGRESSIONAL RECORD — Extensions of Remarks October 14, 1998 It is the rule of law that unifies this country. proceedings periodically to determine if these wide-ranging package of veterans' program It is the rule of law that allows each American rights are being adversely affected by copy enhancements in our usual bipartisan fashion. the opportunity to enjoy and to pursue what protection technologies in the digital age. If the The House is ready to act on that agree- our founding fathers and every generation of Librarian of Congress determines that non- ment. Americans since have always hoped forÐthat infringing uses of certain classes of copyright However, there seems to be difficulty in the each American be entitled to life, liberty and works are, or are likely to be, adversely af- other body because certain Members may dis- the pursuit of happiness. If we, indeed, cherish fected, then the measure's prohibition against agree with the compromises agreed to by the the notions of personal freedom and individual circumvention of copy protection technologies two veterans' committees. liberty granted to every single American, then shall not apply to users with respect to those We should not have come to this point, Mr. we will seek to vindicate the rule of law and works. Speaker. proceed with this matter with all deliberate Second, with respect to consumer elec- The House has worked diligently this year speed and an unbreakable bond with each tronics devices and other equipment, the con- on veterans' legislation. other towards fairness, equity and justice for ferees included a ``no mandate'' provision We have passed bills in a timely fashion: each party involved, including the President of which should reassure manufacturers of future two bills in the month of March, two bills in the United States. digital telecommunications, consumer elec- May, and two in early August. Mr. Speaker, too many Americans have tronics and computing products that they have In contrast, the other body did not bring a died to defend these principles we hold so sa- the design freedom to choose parts and com- veterans' bill to the floor until the last day of cred. Too many generations of Americans ponents in designing and building new equip- September. have given so much to wish reluctantly that ment. Read together with other provisions of They are still trying to bring up various bills this matter just disappear. Just as important, the measure and other parts of the relevant under unanimous consent but holds are being Mr. Speaker, with the Almighty blessing, gen- legislative history, the ``no mandate'' provision placed on some of them for one reason or an- erations of Americans yet unborn will look confirms that Congress does not intend to re- other. This puts the House in the difficult position back to this day and claim this to be one of quire equipment manufacturers to design new of facing the need to try one last time in this America's finest hours, not as a sideshow that digital telecommunications equipment, con- session to move a bill which includes all the some are trying to depict this as. sumer electronics and computing products to Each Member of this body still must main- respond to any particular copy protection tech- agreements reached between the two Veter- tain an obligation and responsibility to be nology. ans' Affairs Committees. Passage of House amendments to the Sen- bound to our oath of office, the same oath of Third, the conferees also clarified that man- ate amendment to H.R. 4110 will provide the office voluntarily taken by the President of the ufacturers, retailers and professional services Senate the opportunity to either send this en- United States. Accordingly, Mr. Speaker, I can make ``playability'' adjustments to their tire package to the President for his signature support this resolution. equipment without fear of liability. Recognizing or kill the bill, including the cost-of-living ad- f that, whether introduced unilaterally or after a multi-industry development process, a copy justment for veterans service-connected dis- DIGITAL MILLENNIUM COPYRIGHT protection technology might cause playability ability payments. I want to make it very clear ACT problems, the conferees explicitly stated that to House Members and Members in the other makers or servicers of consumer electronics, body that I will not ask the House to take any SPEECH OF telecommunications or computing products further action on this legislation this year. HON. RICK BOUCHER can mitigate these problems without being The House has done its job, more than deemed to have violated the measure's prohi- once. OF VIRGINIA bition against circumvention of a copy protec- The other chamber should clear this bill for IN THE HOUSE OF REPRESENTATIVES tion technology. Equipment manufacturers the President to sign. Monday, October 12, 1998 should thus be able to make product adjust- We should be forthright and sincere about Mr. BOUCHER. Mr. Speaker, I am pleased ments without fear of liability, and retailers and our efforts on behalf of veterans rather than to rise in support of the conference report on professional servicers should not feel bur- engaging in brinkmanship over the provisions H.R. 2281. dened with the threat of litigation in repairing on one particular piece of legislation. Through this legislation, we extend new pro- videocassette recorders and other popular I hope we can avoid this situation in the fu- tections to copyright owners to help them products for their customers. ture, Mr. Speaker. The House Committee would like to work guard against the theft of their works in the Taken together, these provisions dem- with the other body next year to reach agree- digital era. At the same time, we preserve the onstrate that the legislation is not intended to ment on individual bills during the course of critical balance in the copyright law between diminish core fair use and other rights that the session. the rights of copyright owners and users by have always been recognized in our copyright Waiting until the very last minute to act on also including strong fair use and other provi- law. These provisions confirm that the meas- bills risks our entire work product on behalf of sions for the benefits of libraries, universities, ure does not limit the development and use of consumer electronics, telecommunications, veterans. and information consumers generally. I believe this bill is an excellent package of I am pleased to advise my colleagues that and computer products used by libraries, uni- versities, schools and consumers everyday for program enhancements for veterans. many of the compromises achieved in this leg- It clearly demonstrates action by Congress islation reflect the work of the Commerce perfectly legitimate purposes. In short, with these and the other changes to fulfill our Nation's commitment to those who Committee. I want to underscore my apprecia- have sacrificed in defense of freedom. tion for the leadership of Chairman BLILEY and made to preserve the rights of information consumers, the conferees have produced a This bill includes: Ranking Member DINGELL in successfully Significant progress toward improving health bill worthy of our support. I commend their ef- crafting balanced legislation both in the Com- care to Persian Gulf war veterans; forts in achieving this careful compromise. mittee and as conferees. An independent scientific evaluation by the I want to highlight briefly several provisions f National Academy of Science of the potential addressing fair use and the effect of this legis- VETERANS’ BENEFITS health effects of risk factors veterans may lation on consumer electronics devices, com- ENHANCEMENT ACT OF 1998 have been exposed to in the Gulf war; puters and other technologies. These provi- An increase in pensions for those incredible sions are fundamental to the balance that the SPEECH OF heroes who earned the Congressional Medal conferees have achieved in this measure. HON. BOB STUMP of Honor; First, the conferees included a provision A new innovative loan guarantee program which ensures that the legislation's prohibition OF ARIZONA IN THE HOUSE OF REPRESENTATIVES for multifamily transitional housing for home- against circumvention of copy protection tech- less veterans; nologies in digital works does not thwart the Saturday, October 10, 1998 Burial benefits and national cemetery eligi- exercise of fair use and other rights by all Mr. STUMP. Mr. Speaker, we have unfortu- bility for World War II merchant mariners; users. This safeguard requires that the Librar- nately come to the point of impasse with the Increasing the Federal share for establishing ian of Congress, in consultation with the Reg- other body over efforts to wrap up veterans' State veterans' cemeteries to one-hundred ister of Copyrights and the National Tele- legislation in the 105th Congress. percent; communications and Information Administra- The House and Senate Veterans' Affairs Extending VA home loan eligibility for guard tion of the Commerce Department, conduct Committee have reached agreement on a and reservists through the year 2003; CONGRESSIONAL RECORD — Extensions of Remarks E2167 Authorizing medical facility construction derly Americans are at a higher risk of mal- I had the great pleasure of working with funding at a level that is $157 million above nutrition than others in society due to the natu- Dante on what was then known as the House the administration's budget request; and rally occurring aging process. Foreign Affairs Committee. He richly deserves Providing a cost-of-living adjustment (COLA) Despite this knowledge, Medicare does not the honor of having the North-South Center for veterans' compensation, pension, and re- cover nutrition assessment and counseling renamed after him. As the Committee's senior lated programs. services by registered dietitiansÐwhat is com- expert on Latin America, Dante Fascell con- H.R. 4110 also includes various enhance- monly known in the health care field as medi- tributed substantially to U.S. policy toward the ments to medical care, pension, insurance, cal nutrition therapy (MNT). As a result, the el- region even before becoming chairman in education, and employment provisions in cur- derly either pay for this service out of their 1983. A stern opponent of Cuba's Communist rent law. own pockets, or go without. This is not a regime, Dante was a driving force behind the The COLA will follow the Social Security Ad- choice that those on fixed incomes should establishment of Radio Marti in 1982. He pro- ministration figure, which is based on the Con- have to make. Medical nutrition therapy is moted democracy throughout Latin America sumer Price Index. medically necessary care and ought to be a and the world. Final action on H.R. 4110 will provide plenty covered benefit. I remember his years as chairman with of time for the VA to implement the COLA by I am convinced that this bill is an important deep respect and fondness. Watching Chair- December 1, 1998. part of the solution to saving Medicare. It will man Fascell officiate over foreign affairs legis- I strongly urge my colleagues to vote for this help us cut costs without sacrificing the quality lation was the political equivalent of watching bill. of patient care. Empirical evidence shows that a great maestro conduct a fine orchestra. Dur- I want to express my appreciation to the MNT is effective for patients with diabetes, ing his tenure as chairman, Dante frequently leadership of the Veterans' Affairs Committee heart disease, cancer and other costly dis- bridged the Committee's deep ideological divi- in the other body, Chairman SPECTER and eases that are prominent among the elderly. It sions by working out compromises. He tried to Senator ROCKEFELLER, for reaching agreement lowers treatment costs by reducing and short- strengthen the Committee's voice in foreign on these provisions. ening the length of hospital stays, preventing policy by defending its prerogatives on foreign I also want to thank the members of the health care complications and decreasing the aid authorizations. He also fought for House Veterans' Affairs Committee for their need for medications. Yet still, we do not pro- Congress's overall role in making foreign pol- hard work on all the bills passed by the House vide seniors coverage for this care. icy. In 1987, Dante served as vice chairman of this year and their cooperation on reaching It should be noted that support for medical the special committee that investigated execu- these agreements. nutrition therapy is not confined to Congress. tive branch conduct in the Iran-Contra scan- We have truly worked in bipartisan fashion Major patient advocacy groups including the dal. for the benefit of veterans. American Cancer Society, the American Heart Dante Fascell helped establish the North- Mr. Speaker, this is the final piece of legisla- Association, the National Kidney Foundation, South Center, an independent research and tion the Veterans' Affairs Committee will bring the American Diabetes Association and the educational organization that produces policy- to the floor in the 105th Congress. National Osteoporosis Foundation also sup- relevant studies on such critical issues as de- I want to tell the Ranking Democratic mem- port coverage for MNT. These groups under- mocracy, trade, sustainable development and ber of the committee, Mr. EVANS, that his work stand that appropriate nutrition therapy saves the persistent gap between the rich and the and cooperation on all these issues, as well money and lives. poor. Formally associating Dante's name with as the day to day operation of the committee Any measure that achieves such an impres- the Center is especially appropriate because are truly appreciated. sive level of political support is deserving of of their shared emphasis on the Western The House Committee on Veterans' Affairs serious deliberation in this body. While I regret Hemisphere. Renaming the Center after him is takes a back seat to none in our bartisan ap- that this bill will not be taken up in the remain- fitting recognition of his many years of hard proach to the very serious business of crafting ing days of this Congress, I urge the leader- work in foreign affairs. We all miss his pres- legislation. ship of both parties to make this bill a top pri- ence and wish him well in his retirement in his ority next year. While the Balanced Budget Act beloved Florida. LANE EVANS has steadfastly adhered to that tradition and should be commended by all vet- helped strengthen the Medicare program in f erans for his support on their behalf. the short term, additional reforms will be nec- essary to prepare the program for the coming WHEN SHALL THE BELLS OF His committee staff members have also per- BALANGIGA TOLL ANEW? formed their responsibilities in the highest bi- retirement of the Baby Boom generation. Con- partisan tradition of the committeeÐand I want gress will be remiss if it overlooks medical nu- trition therapy as part of those long-term re- HON. ROBERT A. UNDERWOOD to thank every member of the majority and mi- OF GUAM nority staff for their contribution to the commit- forms. In closing, I want to thank the American Die- IN THE HOUSE OF REPRESENTATIVES tee's work. tetic Association and the Nevada Dietetic As- Wednesday, October 14, 1998 f sociation for their fine work in helping me edu- Mr. UNDERWOOD. Mr. Speaker, I have MEDICARE MEDICAL NUTRITION cate members of Congress about this impor- stood many times before this body to advo- THERAPY ACT tant measure. The dedicated health and nutri- cate the return of at least one of the Bells of tion professionals represented by those Balangiga to its rightful owners, the people of HON. JOHN E. ENSIGN groups can be proud of how far this bill had Samar in the Philippines. To this effect, I intro- advanced in the 105th Congress and confident duced House Resolution 312, calling on the OF NEVADA that we will ultimately succeed in these efforts. IN THE HOUSE OF REPRESENTATIVES transfer of the one of the bells from F.E. War- f ren Air Force Base. Today, I am proud to Wednesday, October 14, 1998 DANTE B. FASCELL NORTH-SOUTH transmit to this body the remarks of Congress- Mr. ENSIGN. Mr. Speaker, it is rare for any CENTER ACT OF 1991 man Marcelino ``Nonoy'' C. Libanan, a distin- legislation in the House of Representatives to guished colleague from the Republic of the obtain the support of a majority of its mem- SPEECH OF Philippines House of Representatives. Con- bers. In fact, fewer than one percent of all bills gressman Libanan represents the Lone District introduced in the 105th Congress have HON. HOWARD L. BERMAN in Eastern Samar. OF CALIFORNIA reached this status. I would like to announce IN THE HOUSE OF REPRESENTATIVES WHEN SHALL THE BELLS OF BALANGIGA TOLL with pride that a bill I sponsored, H.R. 1375, ANEW? The Medical Nutrition Therapy Act, has Monday, October 12, 1998 (By Hon. Marcelino C. Libanan) achieved this remarkable level of support. Mr. BERMAN. Mr. Speaker, I am pleased I rise on a matter of personal and collec- Over 220 of our colleagues support this that the House yesterday passed H.R. 4757 to tive privilege. measure because they recognize that the ab- rename the North-South Center in Miami after Mr. Speaker, many have tried and just as sence of coverage for nutrition therapy serv- former House Foreign Affairs Committee many have failed. But this will not stop this representation from singing in a louder tune ices is a glaring omission in current Medicare Chairman Dante B. Fascell. I am proud to that very same refrain for the return of the policy. Medical science makes clear that prop- have cosponsored the bill, and I commend Bells of Balangiga to where they belong; to erly nourished patients are better able to resist International Relations Committee Chairman the belfry of Balangiga Church, to the faith- disease and recover from illnesses than those BEN GILMAN and Ranking Member LEE HAMIL- ful of our Christian community; and, to the who are malnourished. We also know that el- TON for their leadership in introducing it. heart of every Samareno. E2168 CONGRESSIONAL RECORD — Extensions of Remarks October 14, 1998 On September 28, 1998, the people of East- reverberates over our land, can we, the Fili- RIGHTS OF THE INDIVIDUAL ern Samar will once again observe a date of pino people, say that we are ready to talk remembrance and commemorate a victorious about this animal called VFA. past when our forebears, ill-equipped and ill- Mr. Speaker, in the name of international HON. RON PAUL armed, fought gallantly and won a battle in understanding, national pride and dignity, I OF TEXAS defense of our country’s freedom and inde- respectfully appeal to my colleagues in this IN THE HOUSE OF REPRESENTATIVES pendence. And this makes this year very sig- chamber to join me champion this good nificant as we are celebrating the Centennial cause so that the bells of Balangiga shall be Wednesday, October 14, 1998 of our Philippine Independence. returned to its rightful owners the Filipino Mr. PAUL. Mr. Speaker, I commend to my The reprisal of the United States Army people. Hence, this representation filed colleagues in Congress as well as citizens ev- under Col. Jacob Smith need not be recalled House Resolution No. 145 entitled: A Resolu- erywhere an article authored by Michael Kelly, in this august chamber when they killed tion Demanding from the Government of the ‘‘every Filipino capable of bearing arms and United States of America (USA) for the Im- National Journal editor. Mr. Kelly aptly de- burned Samar and made it a howling wilder- mediate Return of the Bells of Balangiga to scribes how the notion of hate crimes under- ness.’’ In fact he said, ‘‘the more you kill and the People of the Republic of the Phil- mines a pillar of a free and just society; that burn, the better you will please me’’. This ippines’’, co-authored by twenty-seven of my is, equal treatment under the law irrespective savagery of unparalleled notoriety had colleagues, I earnestly urge this august of which particular group or groups with whom earned him the monicker ‘‘Hell Roaring chamber for its immediate adoption. an individual associates. Ours is a republic Jake’’. Thank you very much. Yes, Colonel Smith was court-martialed, based upon the rights of the individual. reprimanded and cashiered after the U.S. f PUNISHING ‘HATE CRIMES’ Congress conducted a searching inquiry. But, (By Michael Kelly) this is not enough. The Bells of Balangiga, TELECOMMUNICATIONS COMPE- As one who wholeheartedly supports cap- our most symbolic civic treasure, which they TITION AND CONSUMER PROTEC- ital punishment, I have what seems to me a carted away must be returned. TION ACT OF 1998 Lifeless and motionless, these bells are cleareyed vision of what justice demands in kept in an Air Force Base in Wyoming, USA. the murder of Matthew Shepard, the 21-year- SPEECH OF Few Americans attach significance to these old Wyoming college student who was, one relics. These have no value to them. They HON. RICK LAZIO night last week, robbed, pistol-whipped, tied care less about these bells for very few of to a fence and left to die. Bring in the mon- OF NEW YORK them know their importance. In a privilege sters who did this, try ’em, verdict ’em and speech delivered before the House of the U.S. IN THE HOUSE OF REPRESENTATIVES string ’em up, preferably before an applaud- ing crowd of thousands. Congress, Guam Representative Underwood, Monday, October 12, 1998 said: ‘‘There was a time when the officers of And justice does appear on the way to F.E. Warren wanted to get rid of the bells. Mr. LAZIO of New York. Mr. Speaker, I want being served. Two young men—Russell A. These brass relics have no relevance for F.E. to compliment Subcommittee Chairman TAUZIN Henderson and Aaron J. McKinney—have been arrested and charged with first-degree Warren Air force Base, which is a missile and Chairman BLILEY as well as the Ranking base. Few people seem to know or care about murder; their girlfriends have been charged Democrats of the full and subcommittee, Mr. as accessories. There does not seem to be a these bells. But, to us, freedom loving Filipi- DINGELL and Mr. MARKEY for their work in nos, these represent not only national pride lot of doubt that Henderson and McKinney bringing this bipartisan legislation before the did commit the acts that caused Shepard’s but also as memorial for the brave men who House today. I imagine all of us have heard offered their lives so that others may gra- death, nor does it seem at all likely that ciously live under the blessings of independ- from friends, neighbors, and constituents who they will escape punishment. ence. have been victims of slamming. I know I have But this, it is said, is not enough. Because Eight (8) years have passed since our peo- heard from Long Islanders who are so frus- Shepard was gay, and because his killers ap- ple and our government started making seri- trated that somehow, without their knowledge, pear to have been motivated in part by an anti-gay animus (though police say robbery ous efforts to repossess these bells. Filipinos their long distance carrier has been switched. from a broad spectrum composed of legisla- was the primary motive), justice is said to Trying to get their phone bill corrected and demand more. Specifically, it demands more tors, religious, governors, peasants, profes- switched back to their desired carrier can be sionals, business leaders and even the Presi- bad law. dent of the Republic have joined the nation- a time-consuming and frustrating experience. ‘‘Hate-crime’’ laws mandate increased pen- alistic chorus demanding for nothing less The legislation before us today should ac- alties for defendants found guilty of commit- than the return of these historic bells. complish two goals. First, it should reduce the ting crimes inspired by certain categories of To us, Eastern Samarenos, these bells are likelihood that consumers will be slammed. prejudice. In 21 states and the District of Co- not mute for they are capable of making The bill therefore encourages carriers to act lumbia, the categories are: race, religion, sound; they are not captives for they cannot color, national origin and sexual orientation. responsibly by adhering to a new Code of Nineteen additional states have hate-crime be imprisoned; neither can they be silenced Subscribers Protection Practices. Carriers who for they are forever shouting for freedom and laws that do not cover sexual orientation. yelling the sentiments that every Filipino do not comply with the Code's consumer pro- Ten states, including Wyoming, have not have been wanting to. tection requirements and then make an error passed categorical hate-crime laws. There is These are enough considerations that will be subject to FCC civil penalties as well also a federal law, which covers race, reli- should not fall on deaf American ears. In- as a possible fine. Second, Congress cannot gion, color and national origin but not sex or deed, for so many long years, it has been the legislate away human error. If a consumer sexual orientation. dream of every freedom-loving Filipino to loses his long distance carrier and has not For Shepard’s sake, the cry arises, Wyo- ming must pass a hate-crime law, and Con- have these bells returned to our motherland been slammed, this bill should make it easy and hear them toll once more. Representa- gress must pass a new, more sweeping, Fed- tive Underwood can never be more correct for the consumer to rectify quickly the situa- eral Hate Crimes Protection Act, which when he said: ‘‘For almost 100 years, the tion. This bill says the consumer will only have would add to the roster of crimes made fed- Philippines has been our closest friend and to make one call to return to the carrier of his eral offenses those inspired by bigotry based ally, and in the name of friendship and co- choice. Additionally, to compensate the con- on sex, disability and sexual orientation. operation it would only be fitting and proper sumer for his trouble, he will be switched back ‘‘There is something we can do about this. for the United States to share the Bells of to his authorized carrier for free and will be Congress needs to pass our tough hate crimes Balangiga with the people of the Philippines credited up to 30 days of service. Because legislation,’’ President Clinton declared Monday, the day Shepard died of his injuries. for their centennial celebrations.’’ Well said; consumers will not have to be obligated to pay said well. As I have intimated earlier, many At least he is consistent. No president has have tried and many have failed. for the service they used after they have been ever been more willing to assault liberty in To the mind of my constituents, the return slammed, carriers will have every incentive to the pursuit of political happiness than has of the Bells of Balangiga could be an oppor- guard against mistakes. Carriers will no longer this one. Clinton is always willing to em- tunity for the Americans to show that they be able to profit from slamming. brace any new erosion of rights, as long as have indeed changed; for the homecoming of The bill before the House today also strikes there is a group of voters or political con- these inanimate relics which are symbols of a fair balance because a long distance com- tributors out there who wish it so. This is our forebears’ blood, flesh and tears, will at pany has the opportunity to produce their one area in which Clinton has been thor- the very least, show a screaming message oughly bipartisan. In his five years in office, that America is now sensitive to our na- records of a verified sale when faced with a he has joined Republicans in Congress on tional freedom, liberty and dignity and is consumer complaint. This is very important quite a spree of liberty-bashing. He has ready to value international comity and legislation that seeks to protect American fam- signed laws that have stripped habeas corpus goodwill. In short, only when we hear these ilies and businesses from slamming. I urge its to its bones, vastly increased the number of Bells of Balangiga toll anew, and its sound adoption. crimes deemed federal offenses, established CONGRESSIONAL RECORD — Extensions of Remarks E2169 mindless mandatory sentencing and targeted Leasburg, Missouri who, for ten years, ran a Police officer, is only one of her many stu- certain classes of defendants—terrorists, small campground and rented rafts and ca- dents who were inspired to enter politics by drug pushers—for the special evisceration of noes to folks who wanted to enjoy warm- Sister Anita. rights. And playing to the other side of the politi- weather days floating down the serene In 1975, Sister Anita informed me that she cal spectrum, Clinton has consistently and Meramac River and to take in the beauty of was seeking new challenges to conquer. I in- strongly supported the expansion of harass- the Onodaga State Park. Fred, however, was vited her to join my Washington Congressional ment and discrimination law, an expansion more than a successful entrepreneur. He was staff, and she remains with us to this day. My that has in recent years increasingly worked also a successful community leader. entire Congressional staff values her wise to criminalize behavior that government In 1991, a flood damaged a bridge in the counsel and her cheery disposition, as do I. once regarded as private. Well, at least he Onodaga State Park, which enabled campers She is considered the sunshine and the mo- supported such law until the case of Jones v. and ``floaters'' to make their way to Fred's rale booster in our office. Clinton arose. Of all the violence that has been done in campsite and canoe and raft rental outfit. In Sister Anita's dedication to assisting my this great expansion of state authority over, his quest to see the bridge rebuilt, Mr. Sand- constituents is rivaled only by her dedication and criminalization of, the private behavior ers met with some resistance. Fred made up to her beloved Georgetown Hoyas. Sister and thoughts of citizens, none is more seri- his mind to try and rebuild the bridge himself. Anita balances her time between helping my ous than that perpetuated by the hate-crime While his initial attempts were blocked, Fred Congressional offices operate at peak effi- laws. Here, we are truly in the realm of persisted and after years of working with the ciency, rooting for her favorite basketball thought crimes. Hate-crime laws require the county government, they agreed to replace the team, and the Office of the Hours prayers. state to treat one physical assault dif- damaged bridge. Mr. Speaker, as Sister Anita is celebrating ferently from the way it would treat an- her 70th Jubilee year as a Dominican sister, I other—solely because the state has decided Seven years after Fred began his crusade, that one motive for assaulting a person is the bridge in Onodaga State Park is now re- am pleased to call her remarkable life to the more heinous than another. built. Unfortunately, Fred passed away on attention of all our colleagues and their staffs, What Henderson and McKinney allegedly March 17, 1998Ðseveral months before his and invite everyone to join in celebrating her did was a terrible, evil thing. But would it long-fought-for bridge was finally completed. In remarkable life. have been less terrible if Shepard had not honor of Fred's unwavering commitment to f been gay? If Henderson and McKinney beat this bridge project, the new bridge in the Shepard to death because they hated him Onodaga State Park was dedicated in his DISABILITIES EMPLOYMENT personally, not as a member of a group, AWARENESS MONTH—A PACIFIC should the law treat them more lightly? Yes, memory on October 10, 1998. I cannot think of a more fitting tribute to Fred. He fought long PERSPECTIVE ON INDIVIDUALS say hate-crime laws. WITH DISABILITIES In 1996 the FBI recorded 1,281 ‘‘crimes and hard to get this bridge built, and he was against persons’’ for reasons of sexual-ori- instrumental in making a real difference in entation bias. Two of these were murders Crawford County, Missouri. I think we can all HON. ROBERT A. UNDERWOOD and 222 were aggravated assaults. Four hun- learn from Fred's exemplary perseverance and OF GUAM dred and seventy-two of what the govern- commitment to a local infrastructure improve- IN THE HOUSE OF REPRESENTATIVES ment termed hate crimes were not assaults ment project that one person truly can make but ‘‘acts of intimidation.’’ These latter Wednesday, October 14, 1998 would not be crimes except for the deter- a difference in his or her community. I am proud to be able to honor the memory of Mr. Mr. UNDERWOOD. Mr. Speaker, Guam is mination that expressions of certain preju- the place where America's day begins. While dices and hatreds were in themselves crimi- Fred Sanders today here in the House of Rep- nal offenses. resentatives. small, idyllic and remote, it is a place where There is a long history of police and pros- f lots of things happen first. Today, I rise to in- ecutors slighting assaults against gays and form my colleagues of a new first, we are the lesbians. Justice demands that the cops and HONORING SISTER M. ANITA first to bring our other brothers and sisters the courts treat the perpetrators of assaults ROSAIRE FAY from the international community of persons against citizens who happen to be homo- with disability together to develop our own sexual as harshly as they do the perpetrators HON. BENJAMIN A. GILMAN local solutions to the global issues of rehabili- of assaults against anyone else. But not tation and employment in the Pacific. We have more so. OF NEW YORK used our own talent and skills from our com- IN THE HOUSE OF REPRESENTATIVES f munities to study what we can do to address Wednesday, October 14, 1998 PERSONAL EXPLANATION the issues of unemployment of persons with Mr. GILMAN. Mr. Speaker, I wish to call to disability on Guam and the rest of the Pacific. the attention of our colleagues a truly remark- The importance of these locally-developed so- HON. PETER DEUTSCH able lady who has recently celebrated a sig- lutions cannot be overstated as persons with OF FLORIDA nificant milestone in her life. disabilities face barriers and problems that are IN THE HOUSE OF REPRESENTATIVES Sister M. Anita Rosaire Fay, who is cele- endemic to our way of life. From my friends at Wednesday, October 14, 1998 brating her jubilee year as a Dominican Sister, the Rehabilitation Research and Training Cen- Mr. DEUTSCH. Mr. Speaker, I was unavoid- entered the Dominican sisters convent at ter of the Pacific at San Diego State Univer- ably absent from the chamber on October 13, Mount St. Mary in Newburgh, NY, on Septem- sity, I have learned that over 16,000 individ- 1998, during roll call vote numbers 524, 525, ber 8, 1928. When she entered the sisterhood, uals with a disability in the Pacific have ap- 526, 527, 528, and 529. Had I been present, she brought with her to the order the love of plied for assistance in order to work, train and I would have voted ``yea'' on roll call vote a wonderful family and a deep and abiding attend school in 1995. The unemployment rate number 524, ``aye'' on roll call vote number faith. of persons with disabilities in the Pacific is four 525, ``aye'' on roll call vote number 526, ``yea'' Sister Anita's love of God goes back to her times that of any other group. Applying this on roll call vote number 527, ``yea'' on roll call birth, as does her love of life. Always an avid statistic anywhere else with any other group in vote number 528, ``yea'' on roll call vote num- sports fanÐthen and nowÐshe often recalls America and it would be deemed a travesty. ber 529. playing hooky with her brothers and sisters to However, we have also learned that through f see the New York Yankees play. our own studies and methods, we are in the Sister Anita received her B.A. from Fordham best possible situation to remedy these inequi- TRIBUTE TO THE LATE FRED University and her M.A. degree from Villanova ties. SANDERS University, majoring in history and political Over the last four years, our friends and col- science. leagues at San Diego State University, Univer- HON. JO ANN EMERSON Sister Anita taught for 45 years in elemen- sity of Guam, Northern Marianas College, OF MISSOURI tary education and secondary education in American Samoa Community College, College IN THE HOUSE OF REPRESENTATIVES both New York State and New Jersey. Sister of MicronesiaÐFSM, and the College of Mar- also taught political science and other courses shall Islands have established local steering Wednesday, October 14, 1998 at Mount Saint Mary College in Newburgh, committees for rehabilitation research and Mrs. EMERSON. Mr. Speaker, I rise today NY. One of the legislators in our New York training. This work culminates in the first ever to pay tribute to the memory of Mr. Fred State Assembly, Tom Kirwan, who studied international conference, entitled ``Pacific Per- Sanders. Fred was a small business owner in under Sister Anita when he was still a State spectives for the Employment of Persons with E2170 CONGRESSIONAL RECORD — Extensions of Remarks October 14, 1998 Disabilities in the 21st Century.'' The con- TRIBUTE TO GARY GRAY lent speaker and leader in the community. He ference will be convened on Guam from Octo- has two wonderful sons of whom he is very ber 28±30, 1998. HON. NICK SMITH proud: Brad, a freshman at Cornerstone Col- It is momentous that this conference will be OF MICHIGAN lege and Doug, a junior at Lenawee Christian held in concert with ``Disabilities Awareness IN THE HOUSE OF REPRESENTATIVES High School. Month'' in the Pacific. Our own local network I want to commend Gary Gray for all of his Wednesday, October 14, 1998 on Guam of rehabilitation professionals, edu- achievements. He truly is deserving of the cators, teachers, researchers and consumers Mr. SMITH of Michigan. I rise before you Lenawee Chamber of Commerce's Small acknowledge the people from our business today to honor Gary Gray, a constituent of Business Person of the Year Award. communities employing persons with disabil- mine from Adrian, Michigan whose accom- ities. On Guam on October 26, 1998, we are plishments and accolades are many. f Mr. Gray is the recipient of the Lenawee awarding those members of our own business A TRIBUTE TO DR. KENNETH County Chamber of Commerce 1998 Small community for their continued support by em- JERNIGAN, PRESIDENT EMERI- Business Person of the Year Award. This dis- ploying persons with disabilities. Mr. Rodney TUS OF THE NATIONAL FEDERA- tinguished honor is bestowed upon those indi- Priest, the Chairperson of the Guam Rehabili- TION OF THE BLIND tation Advisory Council and a research associ- viduals who have not only created and guided ate with San Diego State University, was in- successful businesses but have made an even strumental in organizing this event. The Octo- greater contribution through their selfless giv- HON. ELIJAH E. CUMMINGS ber 26 event maintains our commitment to our ing to those in their community. OF MARYLAND greatest resource, the people of Guam. Gary Gray, a nationally recognized physical IN THE HOUSE OF REPRESENTATIVES Hiring the disabled is an asset for us all. therapist, grew up in the city of Ft. Wayne, In- Wednesday, October 14, 1998 There are similar ceremonies acknowledging diana. Upon graduating from the University of employers in the islands across the Pacific Indiana in 1976, he began his professional ca- Mr. CUMMINGS. Mr. Speaker, today I rise this month. Events will also be held in the reer as Director of Physical Therapy at Bixby to pay tribute to a man who has dedicated his Marshall Islands, the Federated States of Mi- Hospital in Adrian, Michigan. He continues to life to improving opportunities for others. He is cronesia, American Samoa, the Republic of enjoy Adrian as his home. Dr. Kenneth Jernigan, who served as Presi- Palau and the Commonwealth of the Northern In 1986 Gary opened the doors of Gary dent of the National Federation of the Blind Marianas Islands. Gray Physical Therapy Clinic, Inc. in Adrian from 1968 to 1986 and as the Federation's October is Disabilities Awareness Month. with two employees. Nearly thirteen years President Emeritus until his death on October During this month, we commemorate individ- later this thriving company has grown into 12, 1998. In these capacities, Dr. Jernigan has uals with disabilities and pay tribute to their three sites employing 35 employees. become widely recognized and highly re- contributions in our communities. None of the Upon realizing the critical need this country spected as the principal leader of the orga- activities this month would have been possible has for continuing education in rehabilitation, nized blind movement in the United States. without the successful collaboration between he began Wynn Marketing, Inc. in 1988. Mr. Speaker, I have been proud to rep- institutions of higher education, community Through the years, Wynn Marketing has pro- resent Kenneth Jernigan and his wife, Mary service organizations, responsive government duced 95 seminars throughout the nation, pre- Ellen, since coming to Congress in 1996. But officials and supportive consumers from our senting innovative, practical and enlightening more than being my constituent, Mr. Speaker, villages. These recent cooperative efforts have rehabilitation seminars to over 10,000 physical Dr. Jernigan has been my friend. In fact, as he been coordinated by San Diego State Univer- therapists, athletic trainers, orthopedic physi- did with so many others over his lifetime of sity Rehabilitation Research and Training Cen- cians and chiropractors. The closeness of his leadership, he encouraged me and helped me ter of the Pacific, funded by the National Insti- family life is revealed in the fact that his moth- to believe in myself. tute on disability Rehabilitation Research. er and father are the hosts and coordinators of Born blind in 1926, Kenneth Jernigan grew The Rehabilitation Research and Training these seminars. up on a small Tennessee farm with little hope Center of the Pacific adopted a model for re- Gary continues to be a consultant to various and little opportunity. But in the story of Ken- search that focuses on participation, action college and professional athletic teams around neth Jernigan, from his humble beginnings in and local priorities. This unique approach re- the country as well as educational institutions. the hills of Tennessee to his stature as a na- sulted in the sponsorship of the Guam Reha- He is the author of several published articles tionalÐand even an internationalÐleader, the bilitation Research Local Steering Committee and manuals on rehabilitation and prevention. story of what is right with America is told. led by people with disabilities who live in my Recognized by various physical therapy Dr. Jernigan may have been blind in the district. Together with other similar committees schools around the nation, many of these are physical sense, but he was a man of vision led by persons with disabilities from the is- required reading in the physical therapy cur- nonetheless. As a leader of the National Fed- lands, these groups are improving our ability riculum. eration of the Blind, he taught all of us to un- to address our systems of service and eco- Recognized as a successful inventor of re- derstand that eyesight and insight are not re- nomic development which result in real jobs, habilitation equipment, Gary opened the doors lated to each other in any way. Although he careers and life-long learning impacting our of Functional Designs in 1997. The purpose of did not have eyesight, his insight on life, learn- communities today and in the future. This is this company is to develop and market many ing, and leading has no equal. an example of community leadership com- of Gary's inventors i.e. the Golf Gazebo, the Mr. Speaker, for those who knew him and bined with university skills that can positively Stretch Frame and the Pyramid Strider. loved him, for the blind of this country, and for affect the lives of numerous individuals in the Gary Gray consistently supports community the National Federation of the BlindÐthe orga- 21st century. It is a Pacific perspective that projects, especially those involving youth. He nization that he loved and builtÐthe world should be acknowledged and replicated. developed the ``Hot Rock'' boys basketball without Kenneth Jernigan will be different. But Mr. Speaker, this message would be incom- camp in 1989. This two week summer camp the world he left in death is a far better world plete without mentioning other individuals and of basketball ministry combines the unique because of his life. organizations contributing tremendously to as- blend of both sport and Christ in the lives of The legacy which Dr. Jernigan has left be- sisting individuals with disabilities. I commend the youth today. This past summer's Hot Rock hind is visible in the hundreds of thousands of Dr. Fred McFarlane, Director of the Interwork was enjoyed by over 120 young boys and re- lives that he touched and will continue to in- Institute and the Rehabilitation Research and mains fully sponsored by Gary. spire through the programs and projects that Training Center of the Pacific (RRTCP) and Realizing the need was also there for the will live on in his name. This will be the case Dr. Kenneth Gelea'i, Co-Director and Re- young girls of the community, Gary developed for many generations to come. search Coordinator of the RRTCP. I also com- ``Girls of Summer'' in 1995. Over 70 girls were Kenneth Jernigan will be missed deeply by mend the Association of Pacific Island Legisla- ministered to this past summer, again combin- his family and friends, and his loss will be tures (APIL), presided by Senator Carlotta A. ing the blend of basketball and Christ. shared by all of us because he cared for all Leon Guerrero, for their commitment to indi- Beginning his 5th year as the assistant var- of us. With the strength of his voice and the viduals with disabilities, as evinced by their sity basketball coach at Lenawee Christian power of his intellect, he brought equality and resolution passed by APIL's 17th General As- High School is one of the positions Gary holds freedom to the blind. As he did so, Kenneth sembly. I also congratulate Mr. Rodney Priest most dear. His love of Christ and family is Jernigan taught us all to love one another and for his tireless efforts on behalf of Guam's dis- prevalent to all who know him. His lovely wife live with dignity. This is the real and lasting abled community. of 22 years, Cindi, is also known as an excel- legacy of Kenneth Jernigan. CONGRESSIONAL RECORD — Extensions of Remarks E2171 Mr. Speaker, on September 24, 1998, an ar- he moved to Baltimore in 1978, the Iowa 100% ENROLLMENT OF LOWER IN- ticle entitled, ``Friends Pay Homage to Cru- Commission for the Blind, which he headed, COME MEDICARE BENEFICIARIES sader for the Blind. Jernigan Still Working De- was the subject of a conflict-of-interest in- IN THE QMBY & SLMBY PRO- spite Lung Cancer'' appeared in the Baltimore vestigation by a gubernatorial committee. In GRAMS Sun. Because it presents a fitting tribute to Dr. the end, Gov. Robert Ray felt the commit- tee’s report vindicated the commission. The Jernigan's life and work, I insert the text of this governor and the committee described the HON. FORTNEY PETE STARK article in the RECORD at this point. commission’s program for the blind as ‘‘one OF CALIFORNIA FRIENDS PAY HOMAGE TO CRUSADER FOR THE of the best in the country.’’ IN THE HOUSE OF REPRESENTATIVES BLIND JERNIGAN STILL WORKING DESPITE ‘‘There are good things in everything, even Wednesday, October 14, 1998 LUNG CANCER this illness,’’ said his wife, Mary Ellen Mr. STARK. Mr. Speaker, I am pleased to (By Ernest F. Imhoff) Jernigan. ‘‘You expect to hear from old join Representative MCDERMOTT in introducing A steady stream of old friends—maybe 200 friends. But in letters and calls, we hear legislation to ensure that 100 percentÐor as in the past months—have been visiting Ken- from hundreds of people we don’t know.’’ neth Jernigan at his home in Irvington. close to 100 percent as humanly possibleÐof Pals who followed the old fighter for the low-income Medicare beneficiaries eligible for blind as he tenaciously led fights for jobs, for f QMBy and SLMBy are enrolled in those pro- access, for independent living, for Braille grams. The bill provides for a data match be- and for civil rights have come to say thank TRIBUTE TO BILL GRADISON tween the IRS and HHS to detect low income you and goodbye to a dying blind man they say expanded horizons for thousands of peo- Medicare beneficiaries and presumptively en- ple. roll them in the programs. James Omvig, a 63-year-old blind lawyer, HON. JOHN R. KASICH We are introducing the bill in the last hours and his sighted wife Sharon flew from Tuc- OF OHIO of the Congress so that the administration, son, Ariz., to visit with the president emeri- seniors' groups, and others can study the tus of the National Federal of the Blind IN THE HOUSE OF REPRESENTATIVES issue over the adjournment period and make (NFB), who is in the latter stages of lung suggestions for improvements and changes cancer. Wednesday, October 14, 1998 ‘‘The wonderful life I’ve had is all due to for a new bill in the 106th Congress. Dr. Jernigan,’’ Omvig said. In the 1950s, he Mr. KASICH. Mr. Speaker, I rise today to In 1988, Congress enacted provisions to ‘‘was sitting around at home’’ in Iowa, after pay tribute to our former colleague Bill Gradi- protect low-income Medicare beneficiaries learning chair-making, until he met son. Bill served as a highly respected Member from the financial distress of out-of-pocket Jernigan and began studying Braille and of this body from 1975 through January, 1993. health care costs. The protections were em- other subjects. Omvig then graduated from For the past 6 years Bill has served as Presi- bodied in the Qualified Medicare Beneficiary college, got a law degree, became the first (QMB) Program under which state Medicaid blind person hired by the National Labor Re- dent of the Health Industry Association of America. He will retire from that post at the Programs pay Medicare premiums, lations Board and later developed programs deductibles and co-insurance for people with end of the year. for the blind at Social Security in Balti- limited resources and with incomes of not more, Alaska and elsewhere. During his years at HIAA, Bill has dem- One topic of conversation among the more than 100 percent of the Federal poverty friends has been Jernigan’s latest project, a onstrated the same knowledge, commitment threshold, currently $691 per month for an in- proposed $12 million National Research and and skills that he did in this body. As an ex- dividual. In subsequent years similar but more Training Institute for the Blind for NFB pert on health care policy, Bill worked to im- limited provisions were enacted for those with headquarters in South Baltimore. prove the Nation's health care system and the slightly higher incomes. Last week, Larry McKeever, of Des Moines, health of all Americans. Equally important, he Premium and other cost-sharing protections who is sighted and has recorded material for did so at all times with great thoughtfulness are critical to the well-being of low-income the 50,000-member federation, came to chat Medicare beneficiaries. Medicare covers less and cook breakfast for the Jernigans. Donald and by truly being a gentleman. than half of the total health spending of the el- Capps, the blind leader of 58 South Carolina In his 18 years in the House, Bill had a NFB chapters, called to congratulate derly and is less generous than health plans strong influence on many issues, including typically offered by large employers. Health Jernigan on being honored recently at the health care, the budget, Social Security, trade Canadian Embassy for his Newsline inven- care spending for low-income beneficiaries tion that enables the blind to hear daily and governmental self discipline. who are also eligible for Medicaid is substan- newspapers. Bill found health care to be particularly ab- tially higherÐMedicare payments for them are Floyd Matson, who is sighted and has sorbing and challenging. Both on and off Cap- 70 percent higher than for those with higher worked with Jernigan for 50 years, came incomes. Beneficiaries spend, on average, from Honolulu to be with ‘‘my old poetry itol Hill, Bill has worked hard to ensure that all and drinking buddy.’’ Americans have access to high quality health more than $2,500 out-of-pocket on Medicare A dramatic example of the high regard in care at a reasonable cost. premiums and cost-sharing, and on health services not included in the Medicare pro- which blind people hold Jernigan came dur- In Congress, Bill worked enthusiastically to ing the annual convention of 2,500 NFB mem- gram. This is a third of the annual income of promote hospice care, an innovative, compas- bers in Dallas in July. A donor contributed an individual living in poverty. $5,000 to start a Kenneth Jernigan Fund to sionate approach to caring for the terminally ill Moreover, on average the health of low-in- help blind people. and their families. In 1982, legislation which come Medicare beneficiaries is substantially Quickly, state delegations caucused and he sponsored with then Representative Leon worse than that of the general Medicare popu- announced their own donations. The result: Panetta to allow hospices to provide care pledges of $137,000 in his honor. lation: Low-income beneficiaries are nearly Jernigan, 71, who was born blind and grew under Medicare was enacted. Over the years, twice as likely as those with higher income to up on a Tennessee farm with no electricity, Bill sponsored numerous other hospice-related self-report fair to poor health and nearly twice learned he had incurable lung cancer in No- measures that received strong bipartisan sup- as likely to have used an emergency room in vember. In the past 10 months, Jernigan has port. Today, this humanitarian yet cost effec- the past year; they are less likely to have a been almost as busy as ever. He has contin- tive end of life care is widely accepted. particular physician; and they are three times ued projects such as editing the latest in his One of Bill's most significant non-health more likely to have needs for assistance due large-type ‘‘Kernel Book’’ series of inspira- to functional impairments in activities such as tional books for the visually impaired. congressional achievements was indexing in- But his focus has been the proposed four- come tax brackets and the standard deduction dressing, eating and bathing. Despite the importance of financial protec- story institute, for which $1 million has been for inflation. Bill was also a major participant in tions and their promise of help to low-income raised. It will house the nerve center of an developing the 1983 Social Security measures employment program; research and dem- beneficiaries, the current QMBy and SLMBy that restored the Social Security System to onstration projects leading to jobs and inde- (Specified Low-Income Medicare Beneficiaries, pendent living; technology training semi- solvency. with incomes up to 120 percent of poverty) nars; access technology, such as applications I hope my colleagues will join me in con- benefits have failed to reach nearly four million for voting machines, airport kiosks and in- gratulating Bill for his years of service in Con- eligible individuals. A recent Urban Institute re- formation systems; and Braille literacy ini- gress and at HIAA. We should certainly appre- tiatives to reverse a 50 percent illiteracy port estimates that only 10 percent of those el- rate among visually impaired children. ciate his contributions to public policy and igible are participating in the SLMBy program In fighting for the blind, Jernigan has fre- wish him the best of luck in his future endeav- and less than two-thirds of those eligible are quently been a controversial figure. Before ors. enrolled for QMBy benefits. E2172 CONGRESSIONAL RECORD — Extensions of Remarks October 14, 1998 Complex enrollment processes, require- Goldberg also spearheaded the AAHSA's franchisors. The concerns include the follow- ments to apply at welfare offices, lengthy movement to include ``Services'' in its name ing: delays in refunding premiums deducted from and initiated the development of the Inter- Taking of Property without Compensation. cash payments, and the lack of effective, co- national Association of Homes and Services The franchise relationship almost always in- ordinated outreach and problem-solving sys- for the Aging, serving as its president since cludes a post-termination covenant not-to- tems have all been identified as issues that 1994. compete which prohibits the franchisee from impede program effectiveness. Identifying and In addition to serving as President of the becoming an independent business owner in a enrolling those entitled to benefits has been a AAHSA since 1982, Mr. Goldberg currently similar business upon expiration of the con- significant challenge of the buy-in programs. serves on the United States board of the Inter- tract. This can have the effect of appropriating Moreover, administration of the buy-in pro- national Leadership Center on Longevity and to the franchisor all of the equity built up by grams by different Medicaid systems of the 50 Society, the board of Generations United, and the franchisee without compensation. states and the District of Columbia make the the Housing Development Reporter advisory Devaluation of Assets. Franchisors often in- benefit unevenly available across the country. board. He served as president of the National duce a franchisee to invest in creating a busi- The importance of the buy-in programs to Assembly of National Voluntary Health and ness and then establish a competing outlet in low-income Medicare beneficiaries should not Social Welfare Organizations from 1992 such proximity to the existing franchisee that it be underestimated. Because of their greater- through 1995, when he was the recipient of causes significant damage or destruction to than-average health care costs, and because the 1995 Award for Excellence in the National the existing franchised business. Medicare does not cover many services criti- Executive Leadership Forum. In 1995 and Restraint of Trade. Most franchise relation- cal to older and disabled people, individuals 1996, Mr. Goldberg served as chair of the ships mandate that franchisees purchase sup- eligible for buy-in programs can benefit greatly Leadership Council of Aging Organizations, a plies, equipment, furniture, or other items from from the extra income they retain when they coalition of national organizations concerned the franchisor or sources affiliated with or ap- are relieved of cost-sharing responsibilities. with the well-being of America's elderly and proved by the franchisor. While it may be ap- The obvious and most important aspect of the committed to representing the elderly's inter- propriate for franchisors to exercise some con- buy-in programs is that they put income back ests in the federal policy arena. trol concerning the characteristics of the prod- into the pockets of low-income people who Prior to joining the AAHSA, Mr. Goldberg ucts or services offered to franchisees, tying can use it to pay for food, clothing, shelter, un- held the position of executive director of the franchisees to certain vendors can cost reimbursed medical expenses and other ne- Wisconsin Association of Homes for the Aging franchisees millions of dollars, prevents com- cessities of life. for three years. Prior to that he was director of petition among vendors, and can have an ad- Mr. Speaker, we look forward to public com- the Wisconsin County Boards Association and verse impact upon consumers. ment on the technical features of the bill, and a budget analyst at the Wisconsin Department Inflated Pricing. Many franchise agreements hope it will have widespread support in the of Health and Human Services. A native of specify that the franchisor has the right to 106th Congress. Wisconsin, Mr. Goldberg received his bach- enter into contractual arrangements with ven- f elor's degree in political science, psychology dors who sell goods and services to and sociology and his master's degree in psy- franchisees that are mandated by the fran- HONORING SHELDON L. GOLDBERG chology at the University of Wisconsin, where chise agreement. It has been alleged that ON HIS RETIREMENT he also did his graduate work in public admin- these vendors often provide kickbacks, pro- istration. motional fees, and commissions to the HON. CONSTANCE A. MORELLA Sheldon Goldberg has been a tireless advo- franchisor in return for being allowed to sell OF MARYLAND cate for the needs of older Americans. I know their products and services to a captive mar- IN THE HOUSE OF REPRESENTATIVES his colleagues join me in recognizing his many ket. Instead of passing these kickbacks, pro- Wednesday, October 14, 1998 years of service to the AAHSA and in wishing motional fees, and commissions on to the him health, happiness and personal fulfillment franchisee to reduce their cost of goods sold Mrs. MORELLA. Mr. Speaker, it is my great in his future endeavors. and increase their margin, these payments, it pleasure to congratulate my constituent Shel- f is asserted, benefit the franchisor. don L. Goldberg on his retirement as Presi- While our nation has enjoyed an unprece- dent of the American Association of Homes INTRODUCTION OF SMALL dented economic boom, it is essential that we and Services for the Aging (AAHSA), after BUSINESS FRANCHISE ACT OF 1998 in Congress insure that prosperity reaches more than fifteen years of service. The down to the small businesses that make up AAHSA is a national nonprofit organization HON. JOHN CONYERS, JR. the heart and soul of our economy. There is representing 5,000 nursing homes, continuing OF MICHIGAN of course little time left in the 105th Congress care retirement communities, senior housing IN THE HOUSE OF REPRESENTATIVES to allow for consideration and inaction of this and assisted living facilities and community legislation. However, I am hopeful that this service organizations for the elderly. The Wednesday, October 14, 1998 legislation will be at the top of the Judiciary's AAHSA is a leader in the development of an Mr. CONYERS. Mr. Speaker, I am pleased committee agenda when we return next year, integrated continuum of care for frail elderly to be introducing the ``Small Business Fran- and I will be seeking hearings on this matter people and individuals with disabilities. I am chise Act of 1998'' along with my good friend at the earliest occasion. familiar with the AAHSA through their nursing from North Carolina Mr. COBLE. This legisla- The following is a section-by-section de- facilities and retirement communities in Mary- tion represents the culmination of many scription of the legislation. land, including Asbury Methodist Village in months of work in crafting legislation which Gaithersburg, the Friends House Retirement creates an appropriate balance between the SECTION 1. SHORT TITLE; TABLE OF CONTENTS Community in Sandy Springs, the Hebrew rights of franchisors and franchisees. Sets forth the short title of the Act and Home of Greater Washington in Rockville, and There is currently no federal law establish- the table of contents. the National Lutheran Home in Rockville. Mr. ing standards of conduct for parties to a fran- SECTION 2. FINDINGS AND PURPOSE Goldberg, who has been a force in the long- chise contract. The Federal Trade Commis- Subsection (a) specifies a series of Congres- term care field for more than twenty years, is sion rule promulgated in 1979 (16 C.F.R. 436), sional findings. Subsection (b) states that leaving the AAHSA to become the CEO of the was designed to deter fraud and misrepresen- the purpose of the Act is to promote fair and Jewish Home and Hospital in New York City. tation in the pre-sales process and provides equitable franchise agreements, to establish During his tenure at the AAHSA, Mr. Gold- disclosure requirements and prohibitions con- uniform standards of conduct in franchise re- berg has been instrumental in expanding the cerning franchising and business opportunity lationships, and to create uniform private Federal remedies for violations of Federal organization's focus in several key areas, in- ventures. However, the FTC has consistently law. cluding public policy advocacy. In addition, the maintained that it has no jurisdiction over SECTION 3. FRANCHISE SALES PRACTICES AAHSA's array of services has grown under problems franchisees face after the franchise his guiding hand, and now includes capital fi- agreement is entered into. Subsection (a) prohibits any person, in connection with the advertising, offering, or nancing through the AAHSA Development In the absence of any federal controls or sale of any franchise, from (1) employing a Corporation, professional certification for re- regulation, a number of problems and com- device, scheme, or artifice to defraud; (2) en- tirement housing professionals, and continuing plaints have been lodged in recent years, prin- gaging in an act, practice, course of business, care retirement accreditation through the Con- cipally stemming from the fact that franchisees or pattern of conduct which operates or is tinuing Care Accreditation Commission. Mr. do not have equal bargaining power with large intended to operate as a fraud upon CONGRESSIONAL RECORD — Extensions of Remarks E2173 any prospective franchisee; (3) obtaining modify the manner or mode of business oper- arbitration forum in the State of the property, or assisting others in doing so, by ation so as to avoid any substantial confu- franchisee’s principal place of business, or making an untrue statement of a material sion with the manner or mode of operations (iii) excluding collective action by fact or failing to state a material fact; and which are unique to the franchisor and com- franchisees to settle like disputes arising (4) discriminating among prospective monly in practice by other franchisees using from violation of the Act by civil action or franchisees on the basis of race, color, sexual the same name or trademarks within the arbitration. orientation, sex, religion, disability, na- proximate trade or market area of the busi- Subsection (d) states that compliance with tional origin, or age in (a) the solicitation, ness. the Act or with an applicable State franchise offering or sale of any franchise opportunity, SECTION 5. STANDARDS OF CONDUCT law is not waived, excused or avoided, and evidence of violation of the Act or State law or (b) the selection of any site or location for Subsection (a) imposes a duty to act in shall not be excluded, by virtue of an inte- a franchise business. good faith in the performance and enforce- gration clause, any provision of a franchise Subsection (b) prohibits franchisors, sub ment of a franchise contract on each party agreement or an agreement ancillary or col- franchisors, and franchise brokers, in con- to the contract. nection with any disclosure document, no- Subsection (b) imposes a nonwaivable duty lateral to a franchise, the parol evidence tice, or report required by any law, from (i) of due care on the franchisor. Unless the rule, or any other rule of evidence purport- making an untrue statement of material franchisor represents that it has greater ing to exclude consideration of matters out- fact, (ii) failing to state a material fact, or skill or knowledge in its undertaking with side the franchise agreement. (iii) failing to state any fact which would its franchisees, or conspicuously disclaims SECTION 7. ACTIONS BY STATE ATTORNEYS render any required statement or disclosure that it has skill or knowledge, the franchisor GENERAL either untrue or misleading. The subsection is required to exercise the skill and knowl- Subsection (a) permits a State attorney also prohibits franchisors, sub franchisors, edge normally possessed by franchisors in general to bring an action under the Act in and franchise brokers from failing to furnish good standing in the same or similar types of an appropriate United States district court any prospective franchisee with all informa- business. using the powers conferred on the attorney tion required to be disclosed by law and at Subsection (c) imposes a fiduciary duty on general by the laws of his State. the time and in the manner required and the franchisor when the franchisor under- Subsection (b) states that this section does from making any claim or representation to takes to perform bookkeeping, collection, not prohibit a State attorney general from a prospective franchisee, whether orally or payroll, or accounting services on behalf of exercising the powers conferred on him by in writing, which is inconsistent with or con- the franchisee, or when the franchisor re- the laws of his State to conduct investiga- tradicts such disclosure document. quires franchisees to make contributions to tions or to administer oaths or affirmations ‘‘Disclosure document’’ is defined as the any pooled advertising, marketing, or pro- or to compel the attendance of witnesses or disclosure statement required by the Federal motional fund which is administered, con- the production of documentary and other Trade Commission in Trade Regulation Rule trolled, or supervised by the franchisor. A evidence. 436 (16 CFR 436) or an offering circular pre- franchisor that administers or supervises the Subsection (c) states that any civil action pared in accordance with Uniform Franchise administration of a pooled advertising or brought under subsection (a) in a United Offering Circular guidelines as adopted and promotional fund must (i) keep all pooled States district court may be brought in the amended by the North American Securities funds in a segregated account that is not district in which the defendant is found, is Administrators Association, Inc. or its suc- subject to the claims of creditors of the an inhabitant, or transacts business, or cessor. franchisor, (ii) provide an independent cer- wherever venue is proper under 28 U.S.C. 1391 which establishes general venue rules. Proc- SECTION 4. UNFAIR FRANCHISE PRACTICES tified audit of such pooled funds within sixty days following the close of the franchisor’s ess may be served in any district in which Subsection (a) prohibits any franchisor or the defendant is an inhabitant or in which he subfranchisor, in connection with the per- fiscal year, and (iii) disclose the source and amount of, and deliver to the fund or pro- may be found. formance, enforcement, renewal and termi- Subsection (d) states that nothing in this gram, any discount, rebate, compensation, or nation of any franchise agreement, from (1) section shall prohibit an authorized State of- payment of any kind from any person or en- engaging in an act, practice, course of busi- ficial from proceeding in State court on the ness, or pattern of conduct which operates as tity with whom such fund or program trans- basis of an alleged violation of any civil or a fraud upon any person; (2) discriminating acts. criminal statute of such State. SECTION 6. PROCEDURAL FAIRNESS among franchisees on the basis of race, color, SECTION 8. TRANSFER OF A FRANCHISE sexual orientation, sex, religion, disability, Subsection (a) prohibits a franchisor from Subsection (a) permits a franchisee to as- national origin, or age; (3) hindering, prohib- requiring any term or condition in a fran- sign an interest in a franchised business and iting, or penalizing, either directly or indi- chise agreement, or in any agreement ancil- franchise to a transferee if the transferee rectly, the free association of franchisees for lary or collateral to a franchise, which vio- satisfies the reasonable qualifications gen- any lawful purpose, including the formation lates the Act. It also prohibits a franchisor erally applied in determining whether or not of or participation in any trade association from requiring that a franchisee relieve any a current franchisee is eligible for renewal. If made up of franchisees or of associations of person from a duty imposed by the Act, ex- the franchisor does not renew a significant franchises; and (4) discriminating against a cept as part of a settlement of a bona fide number of its franchisees, then the trans- franchisee by imposing requirements not im- dispute, or assent to any provision which feree may be required to satisfy the reason- posed on other similarly situated franchisees would protect any person against any liabil- able conditions generally applied to new or otherwise retaliating, directly, or indi- ity to which he would otherwise be subject franchisees. The qualifications must be rectly, against any franchisee for member- under the Act by reason of willful misfea- based upon legitimate business reasons. If ship or participation in a franchisee associa- sance, bad faith, or gross negligence in the the qualifications are not met, the tion. performance of duties, or by reason of reck- franchisor may refuse to permit the transfer, Subsection (b) prohibits a franchisor from less disregard of obligations and duties under provided that the refusal is not arbitrary or terminating a franchise agreement prior to the franchise agreement. Nor may a capricious and the franchisor states the its expiration without good cause. franchisor require that a franchisee agree to grounds for its refusal in writing to the Subsection (c) prohibits a franchisor from not make any oral or written statement re- franchisee. prohibiting, or enforcing a prohibition lating to the franchise business, the oper- Subsection (b) requires that a franchisee against, any franchisee from engaging in any ation of the franchise system, or the give the franchisor at least thirty days’ writ- business at any location after expiration of a franchisee’s experience with the franchise ten notice of a proposed transfer, and that a franchise agreement. This subsection does business. franchisee, upon request, will provide in not prohibit enforcement of a franchise con- Subsection (b) makes void and unenforce- writing to the franchisor a list of the owner- tract obligating a franchisee after expiration able any provision of a franchise agreement, ship interests of all persons holding or claim- or termination of a franchise to (i) cease or or of any agreement ancillary or collateral ing an equitable or beneficial interest in the refrain from using a trademark, trade secret to a franchise, which would purport to waive franchise subsequent to the transfer. or other intellectual property owned by the or restrict any right granted under the Act. Subsection (c) states that a franchisor is franchisor or its affiliate, except that lan- Subsection (c) forbids any stipulation or deemed to have consented to a transfer thir- guage in the franchise agreement purporting provision of a franchise agreement or of an ty days after the request for consent is sub- to determine ownership of a trademark, agreement ancillary or collateral to a fran- mitted, unless the franchisor withholds con- trade secret, or other intellectual property chise from (i) depriving a franchisee of the sent in writing during that time period shall not be binding upon any court or forum application and benefits of the act or any specifying the reasons for doing so. Any such for purposes of this paragraph, but may be Federal law of the State in which the notice is privileged against a claim of defa- considered as evidence of such ownership, (ii) franchisee’s principal place of business is lo- mation. alter the appearance of the business premises cated, (ii) depriving a franchisee of the right Subsection (d) establishes that a franchisor so that it is substantially similar to the to commence an action or arbitration may require the following four conditions standard design, decor criteria, or motif in against the franchisor for violation of the before consenting to a transfer: (1) the trans- use by other franchisees using the same Act, or for breach of the franchise agreement feree successfully complete a reasonable name or trademarks within the proximate or of any agreement or stipulation ancillary training program, (2) payment of a reason- trade or market area of the business, or (iii) or collateral to the franchise, in a court of able transfer fee, (3) the franchisee pay or E2174 CONGRESSIONAL RECORD — Extensions of Remarks October 14, 1998 make reasonable provisions to pay any quality standards promulgated or enforced section (a), every partner in a firm so liable, amount due the franchisor or the by the franchisor. every principal executive officer or director franchisor’s affiliate, (4) the financial terms Subsection (b) requires that if the of a corporation so liable, every person occu- of the transfer at the time of the transfer franchisor approves vendors of equipment, pying a similar status or performing similar comply with the franchisor’s current finan- fixtures, supplies, goods, or services used in functions and every employee of a person so cial requirements for franchisees. A the establishment or operation of the fran- liable who materially aids in the act or franchisor may not condition its consent to chised business, the franchisor will provide transaction constituting the violation, un- a transfer on (1) a franchisee forgoing exist- and continuously update an inclusive list of less that person who would otherwise be lia- ing rights other than those contained in the approved vendors and will promptly evaluate ble hereunder had no knowledge of or reason- franchise agreement, (2) entering into a re- and respond to reasonable requests by able grounds to know of the existence of the lease of claims broader in scope than a coun- franchisees for approval of competitive facts by reason of which the liability is al- terpart release of claims offered by the sources of supply. The franchisor shall ap- leged to exist. franchisor to the franchisee, or (3) requiring prove not fewer than two vendors for each Subsection (c) states that nothing in the the franchisee or transferee to make, or piece of equipment, each fixture, each sup- Act shall be construed to limit the right of agree to make, capital improvements, rein- ply, good, or service. a franchisor and a franchisee to engage in ar- vestments, or purchases in an amount great- Subsection (c) requires a franchisor and its bitration, medication, or other nonjudicial er than the franchisor could have reasonably affiliates officers and/or its managing dispute resolution, either in advance or after required under the terms of the franchisee’s agents, must fully disclose whether or not it a dispute arises, provided that the standards existing franchise agreement. receives any rebates, commissions, pay- and protections applied in any binding non- Subsection (e) permits a franchisee to as- ments, or other benefits from vendors as a judicial procedure agreed to the parties are sign his interest for the unexpired term of result of the purchase of goods or services by not less than the requirements set forth in the franchise agreement and prohibits the franchisees and requires a franchisor to pass the Act. franchisor from requiring the franchisee or all such rebates, commissions, payments, Subsection (d) prohibits an action from transferee to enter an agreement which has and other benefits directly to the franchisee. being commenced more than five years after different material terms or financial require- Subsection (d) requires a franchisor to re- the date on which the violation occurs, or ments as a condition of the transfer. port not less frequently than annually, using three years after the date on which the vio- Subsection (f) prohibits a franchisor from generally accepted accounting principles, lation is discovered or should have been dis- withholding its consent without good cause the amount of revenue and profit it earns covered through exercise of reasonable dili- to a franchisee making a public offering of from the sale of equipment, fixtures, sup- gence. its securities if the franchisee or owner of plies, goods, or services to the franchisee. Subsection (e) provides for venue in the ju- the franchisee’s interest retains control over Subsection (e) excepts reasonable quan- risdiction where the franchise business is lo- more than 25 percent of the voting power as tities of goods and services that the cated. the franchisee. franchisor requires the franchisee to obtain Subsection (f) states that the private Subsection (g) prohibits a franchisor from from the franchisor or its affiliate from the rights created by the Act are in addition to, withholding its consent to a pooling of inter- requirements of subsection (a), but only if and not in lieu of, other rights or remedies ests, to a sale or exchange of assets or secu- the goods and services are central to the created by Federal or State law. rities, or to any other business consolidation franchised business and either are actually SECTION 13. SCOPE AND APPLICABILITY among its existing franchisees, provided the manufactured or produced by the franchisor Subsection (a) applies the requirements of constituents are each in material compli- or its affiliate, or incorporate a trade secret the Act to franchise agreements entered ance with their respective obligations to the owned by the franchisor or its affiliate. into, amended, exchanged, or renewed after franchisor. SECTION 11. ENCROACHMENT the date of enactment of the Act, except as Subsection (h) establishes six occurrences Subsection (a) prohibits a franchisor from provided in subsection (b). which shall not be considered transfers re- placing, or licensing another to place, one or Subsection (b) delays implementation of quiring the consent of the franchisor under a more, new outlet(s) in unreasonable proxim- Section 3 of the act until ninety days after franchise agreement and for which the ity to an established outlet, if (i) the intent the date or enactment of the Act and applies franchisor shall not impose any fees or pay- or probable effect of establishing the new Section 3’s requirements only to actions, ments or changes in excess of the outlet(s) is to cause a diminution of gross practices, disclosures, and statements occur- franchisor’s cost to review the matter. sales by the established outlet of more than ring on or after such date. Subsection (i) prohibits a franchisor from five percent of the twelve months imme- enforcing against the transferor any cov- SECTION 14. DEFINITIONS diately following establishment of the new Defines terms used in the Act. enant of the franchise purporting to prohibit outlet(s), and (ii) the established franchisee the transferor from engaging in any lawful offers goods or services identified by the f occupation or enterprise after the transfer of same trademark as those offered by the new a transferor’s complete interest in a fran- outlet(s), or has premises that are identified H. CON. RES. 283 ON TIBET chise. This subsection does not limit the by the same trademark as the new outlet(s). franchisor from enforcing a contractual cov- Subsection (b) creates an exception to this SPEECH OF enant against the transferor not to exploit section if, before a new outlet(s) opens for HON. HOWARD L. BERMAN the franchisor’s trade secrets or intellectual business, a franchisor offers in writing to OF CALIFORNIA property rights except by agreement with each franchisee of an established outlet con- the franchisor. cerned to pay to the franchisee an amount IN THE HOUSE OF REPRESENTATIVES SECTION 9. TRANSFER OF FRANCHISE BY equal to fifty percent of the gross sales of Friday, October 9, 1998 FRANCHISOR the new outlet(s), for the first twenty-four Subsection (1) prohibits a franchisor from months of operation of the new outlet(s), if Mr. BERMAN. Mr. Speaker, I am proud that transferring interest in a franchise by sale or the sales of the established outlet decline by House Concurrent Resolution 283, expressing in any other manner unless he give notice more than five percent in the twelve months the sense of the Congress on the December thirty days prior to the effective date of the immediately following establishment of the 1997 report on Tibet of the International Com- transfer to every franchisee of his intent to new outlet(s), as a consequence of the open- mission of Jurists and on United States policy transfer the interest. ing of such outlet(s). on Tibet, is being considered now. Subsection (2) requires that the notice Subsection (c) places upon the franchisor I offered this Resolution in an effort to main- given contains a complete description of the the burden of proof to show that, or the ex- tain the world's attention on developments in business and financial terms of the proposed tent to which, a decline in sales of a estab- transfer or transfers. lished franchised outlet occurred for reasons Tibet. A comparable provision has been of- Subsection (3) requires that the entity as- other than the opening of the new outlet(s), fered and passed in the Senate. With 66 co- suming the franchisor’s obligations have the if the franchisor makes a written offer under sponsors in the House, this resolution has business experience and financial means nec- subsection (b) or in an action or proceeding strong bipartisan support. essary to perform the fanchisor’s obliga- brought under section 12. Tibet remains on the American foreign pol- tions. SECTION 12. PRIVATE RIGHT OF ACTION icy agenda today and it remains on the inter- SECTION 10. INDEPENDENT SOURCING OF GOODS Subsection (a) gives a party to a franchise national community's agenda largely because AND SERVICES who is injured by a violation or impending the U.S. Congress does not let anyone forget Subsection (a) prohibits a franchisor from violation of this Act a right of action for all what is happening to Tibetans and Tibet cul- prohibiting or restricting a franchisee from damages caused by the violation, including ture under Chinese rule. This resolution re- obtaining equipment, fixtures, supplies, costs of litigation and reasonable attorney’s flects our serious concern for the plight of the goods or services used in the establishment fees, against any person found to be liable or operation of the franchised business from for such violation. Tibetan people and our strong support for the sources of the franchisee’s choosing, except Subsection (b) makes jointly and severally Dalai Lama's efforts to enter into serious dis- that such goods or services may be required liable every person who directly or indi- cussions with the Chinese leadership on the to meet established uniform system-wide rectly controls a person liable under sub- future of Tibet. CONGRESSIONAL RECORD — Extensions of Remarks E2175 The resolution cites a recent and com- Rep. C. Smith—05/22/98. Whereas the President of the United States prehensive report by the International Commit- Rep. J. Kennedy—05/22/98. has repeatedly indicated his support for sub- tee of Jurists entitled ``Tibet: Human Rights Rep. Scarborough—06/25/98. stantive dialogue between the Government Rep. Menendez—06/25/98. of the People’s Republic of China and the and the Rule of Law.'' It is the fourth report on Rep. Hinchey—06/25/98. Dalai Lama or his representatives; and Tibet by this distinguished body since 1959 Rep. Borski—06/25/98. Whereas on October 31, 1997, the Secretary and their first since 1964. The December 1997 Rep. Woolsey—06/25/98. of State appointed a Special Coordinator for report was inspired by the situation in Tibet Rep. LoBiondo—06/25/98. Tibetan Issues to oversee United States pol- that by all credible accounts, including the De- Rep. Ehlers—07/17/98. icy regarding Tibet: Now, therefore be it Resolved by the House of Representatives (the partment of State, remains unsettled and in Rep. Allen—07/17/98. Rep. Waxman—07/17/98. Senate concurring), That the Congress— many ways has grown more desperate. (1) expresses grave concern regarding the The President has appointed a Special Co- Rep. S. Brown—07/17/98. Rep. King—07/17/98. findings of the report of the International ordinator for Tibetan Issues. Until recently, this Rep. Meehan—07/17/98. Commission of Jurists on Tibet issued in De- position was held by Mr. Gregory Craig of the Rep. Faleomavaega—08/06/98. cember 1997, that— (A) repression in Tibet has increased stead- U.S. Department of State. I understand that he Rep. Cramer—08/06/98. ily since 1994, resulting in heightened control Rep. Olver—08/06/98. has played a very active and productive role on religious activity, a denunciation cam- Rep. Calvert—08/06/98. behind the scenes in promoting discussions paign against the Dalai Lama unprecedented Rep. Forbes—08/06/98. between the Dalai Lama and his representa- since the Cultural Revolution, an increase in Rep. Kelly—08/06/98. tives and the Chinese. I would hope that fur- political arrests, suppression of peaceful pro- Rep. Adam Smith—08/06/98. tests, and an accelerated movement of Chi- ther progress will be made on opening this Rep. Underwood—08/06/98. dialogue as President Jiang Zemin indicated nese people to Tibet; and Rep. Engel—08/06/98. (B) in 1997, a senior office of the People’s that he would do during his summit meeting Rep. Kennelly—09/23/98. Republic of China labeled the Tibetan Bud- with President Clinton. Discussions must lead Rep. Ackerman—09/23/98. dhist culture, which has flourished in Tibet to negotiations and a positive outcome to Rep. Furse—09/23/98. since the seventh century, as a ‘‘foreign cul- those negotiations would improve substantially Rep. Watts—09/25/98. ture’’ in order to facilitate indoctrination of American relations with China. Rep. Slaughter—10/05/98. Tibetans in Chinese socialist ideology and Rep. C. Maloney—05/22/98. the process of national and cultural integra- Finally, I would like to draw the House's at- Rep. Abercrombie—05/22/98. tention to the continuing detention of Gendun tion; Rep. Rohrabacher—05/22/98. (2) supports the recommendations con- Choekyi Nyima. Over three years ago, the Rep. Gilman—05/22/98. tained in the report referred to in paragraph Dalai Lama announced the recognition of this Rep. Cox—05/22/98. (1) that— young boy, then only six, as the Panchen Rep. Lofgren—05/22/98. (A) call on the People’s Republic of China— Lama of Tibet. Within days, this child dis- Rep. Pelosi—05/22/98. (i) to ensure respect for the fundamental appeared from his home. It was not until a Rep. Dixon—06/25/98. human rights of the Tibetan people; and (ii) to end those practices which threaten year later that the Chinese Ambassador to Rep. Nadler—06/25/98. Rep. Skaggs—06/25/98. to erode the distinct cultural, religious, and Geneva admitted to a meeting of the United Rep. Farr—06/25/98. linguistic identity of the Tibetan people; Nations Committee on the Rights of the Child Rep. Pappas—06/25/98. (B) call on the United Nations General As- that Gendun Choekyi Nyima was under the Rep. Frank—06/25/98. sembly to resume its debate on Tibet; and ``protection'' of the Chinese government. Re- Rep. Rivers—07/17/98. (C) call on the Dalai Lama or his rep- Rep. Roybal-Allard—07/17/98. resentatives to enter into discussions with peated requests from governments and private the Government of the People’s Republic of humanitarian organizations to meet with the Rep. Solomon—07/17/98. Rep. Pascrell—07/17/98. China; boy have been denied. No one knows where (3) commends the appointment by the Sec- Rep. Goodling—07/17/98. retary of State of a United States Special he is nor the conditions under which he lives. Rep. Gejdenson—08/06/98. Coordinator for Tibetan Issues— It is unconscionable that in today's world a Rep. John Lewis—08/06/98. young child, now nine years old, has appar- (A) to promote substantive dialogue be- Rep. Stark—08/06/98. tween the Government of the People’s Re- ently become a pawn in Beijing's political ef- Rep. McGovern—08/06/98. public of China and the Dalai Lama or his forts to control Tibet. Rep. Sherman—08/06/98. representatives; I would like in particular to thank MR. POR- Rep. English—08/06/98. (B) to coordinate United States Govern- TER, an original cosponsor of this resolution; Rep. Dreier—08/06/98. ment policies, programs, and projects con- Rep. Sanders—08/06/98. Mr. GILMAN, chairman of the International Re- cerning Tibet; Rep. Rangel—08/06/98. (C) to consult with the Congress on policies lations Committee, and Mr. BEREUTER, chair of Rep. G. Miller—09/23/98. relevant to Tibet and the future and welfare the Asia and Pacific Subcommittee, on which Rep. Christensen—09/23/98. of all Tibetan people, and to report to the I serve as Ranking Member, for doing all they Rep. Inglis—09/23/98. Congress in accordance with the require- could to see that this resolution was brought Rep. Kilpatrick—09/23/98. ments of section 536(a) of the Foreign Rela- forward for consideration. I appreciate the ef- Rep. Salmon—10/05/98. tions Authorization Act, Fiscal Years 1994 forts they both made to achieve a compromise Rep. McKinney—10/07/98. and 1995 (Public Law 103–236); and which would permit the House to consider this (D) to advance United States policy which H. CON. RES. 283 seeks to protect the unique religious, cul- initiative. I would also like to note the contribu- Whereas the International Commission of tural, and linguistic heritage of Tibet, and to tion made by Mr. BEREUTER's subcommittee Jurists is a nongovernmental organization encourage improved respect for Tibetan counsel, Dan Martz, who has negotiated in founded in 1952 to defend the rule of law human rights; good faith with my staff to reach accommoda- throughout the world and to work toward (4) calls on the People’s Republic of China tion on this legislation. I understand that Mr. the full observance of the provisions of the to release from detention the 9-year-old Martz will be soon leaving the subcommittee Universal Declaration of Human Rights; child identified by the Dalai Lama as the Whereas in 1959, 1960, and 1964 the Inter- Panchen Lama, Gedhun Choekyi Nyima, to staff to join the private sector in New York his home in Tibet from which he was taken City. His advice will be missed in the sub- national Commission of Jurists examined Chinese policy in Tibet, violations of human on May 17, 1995, and to allow him to pursue committee but we all wish him well in his next rights in Tibet, and the position of Tibet in his religious studies without interference endeavor. international law; and according to tradition; (5) recognizes that the Dalai Lama is not I urge my colleagues to join me in introduc- Whereas these findings were presented to seeking independence but genuine autonomy ing this resolution which calls for the release the United Nations General Assembly, which and calls on the People’s Republic of China of Gendun Choekyi Nyima, the 11th Panchen adopted three resolutions (in 1959, 1961, and to respond positively to the Dalai Lama’s Lama of Tibet, and for a dialogue between the 1965) calling on the People’s Republic of proposal for Tibet and to enter into discus- Dalai Lama and Chinese authorities. China to ensure respect for the fundamental sions with him or his representatives; human rights of the Tibetan people and for (6) commends the President for publicly H. CON. RES. 283 their distinctive cultural and religious life, urging President Jiang Zemin, during their Sponsor: Rep. Berman (introduced 05/22/98). and to cease practices which deprive the Ti- recent summit meeting in Beijing, to engage 66 Cosponsors betan people of their fundamental human in dialogue with the Dalai Lama; and Rep. Porter—05/22/98. rights and freedoms; (7) calls on the President to continue to Rep. D. Payne—05/22/98. Whereas in December 1997, the Inter- work to secure an agreement to begin sub- Rep. Lantos—05/22/98. national Commission of Jurists issued a stantive negotiations between the Govern- Rep. Lowey—05/22/98. fourth report on Tibet, examining human ment of the People’s Republic of China and Rep. Wolf—05/22/98. rights and the rule of law; the Dalai Lama or his representatives. Wednesday, October 14, 1998 Daily Digest

HIGHLIGHTS The House and Senate passed H.J. Res. 135, making further continuing appropriations for the fiscal year 1999. Senate committee amendment in the nature of a substitute, Chamber Action and the following amendment proposed thereto: Routine Proceedings, pages S12463–S12605 Pages S12467±77 Measures Introduced: Seven bills and one resolu- Craig (for Baucus/Burns) Amendment No. 3824, tion were introduced, as follows: S. 2629–2635 and authorizing funds for fiscal years 1998 through 2002 for the National Environmental Waste Technology S. Res. 299. Page S12558 Testing and Evaluation Center in Butte, Montana. Measures Passed: Pages S12471±73 Food Stamp Coupons: Committee on Agriculture, DC Courts and Justice Technical Corrections Nutrition, and Forestry was discharged from further Act: Senate passed H.R. 4566, to make technical and consideration of S. 1733, to require the Commis- clarifying amendments to the National Capital Revi- sioner of Social Security and food stamp State agen- talization and Self-Government Improvement Act of cies to take certain actions to ensure that food stamp 1997, clearing the measure for the President. coupons are not issued for deceased individuals, and Page S12477 the bill was then passed, after agreeing to the fol- National Historic Trail: Senate passed S. 2039, lowing amendment proposed thereto: Pages S12464±65 to amend the National Trails System Act to des- Craig (for Lugar/Harkin) Amendment No. 3822, ignate El Camino Real de Tierra Adestro as a Na- in the nature of a substitute. Pages S12464±65 tional Historic Trail. Pages S12529±30 Intellectual Property Rights: Committee on Fi- National Historic Trail: Senate passed S. 2276, nance was discharged from further consideration of S. to amend the National Trails System Act to des- Con. Res. 124, expressing the sense of Congress re- ignate El Camino Real de los Tejas as a National garding the denial of benefits under the Generalized Historic Trail, after agreeing to committee amend- System of Preferences to developing countries that ments. Page S12530 violate the intellectual property rights of United Canadian River Project: Senate passed H.R. States persons, particularly those that have not im- 3687, to authorize prepayment of amounts due plemented their obligations under the Agreement on under a water reclamation project contract for the Trade-Related Aspects of Intellectual Property, and Canadian River Project, Texas, after agreeing to a the resolution was then agreed to, after agreeing to committee amendment. Pages S12530±31 the following amendment proposed thereto: Oregon Public Lands Transfer: Senate passed Pages S12466±67 H.R. 4326, to transfer administrative jurisdiction Craig (for Lautenberg) Amendment No. 3823, over certain Federal lands located within or adjacent making a technical and clarifying correction. to the Rogue River National Forest and to clarify Page S12467 the authority of the Bureau of Land Management to Estuary Habitat Restoration Partnership Act: sell and exchange other Federal lands in Oregon, Senate passed S. 1222, to catalyze restoration of estu- clearing the measure for the President. Page S12533 ary habitat through more efficient financing of Automobile National Heritage Area Act: Senate projects and enhanced coordination of Federal and passed H.R. 3910, to authorize the Automobile Na- non-Federal restoration programs, after agreeing to a tional Heritage Area, clearing the measure for the President. Page S12533 D1165 D1166 CONGRESSIONAL RECORD — DAILY DIGEST October 14, 1998 Further Continuing Appropriations: Senate Act of 1974 to extend certain authorizations, clear- passed H.J. Res. 135, making further continuing ap- ing the measure for the President. Page S12465 propriations for fiscal year 1999, clearing the meas- Mississippi Sioux Tribes Judgment Fund Dis- ure for the President. Page S12539 tribution Act: Senate concurred in the amendment Haskell Indian Nations University/Southwest- of the House to S. 391, to provide for the disposi- ern Indian Polytechnic Institute: Senate passed tion of certain funds appropriated to pay judgment H.R. 4259, to allow Haskell Indian Nations Univer- in favor of the Mississippi Sioux Indians, clearing the sity and the Southwestern Indian Polytechnic Insti- measure for the President. Pages S12465±66 tute each to conduct a demonstration project to test National Park Service Concession Management: the feasibility and desirability of new personnel man- Senate concurred in the amendments of the House to agement policies and procedures, clearing the meas- S. 1693, to provide for improved management and ure for the President. Page S12598 increased accountability for certain National Park Bullet Resistant Equipment: Senate passed S. Service programs, clearing the measure for the Presi- 2253, to establish a matching grant program to help dent. Pages S12494±S12502 State and local jurisdictions purchase bullet resistant Assistive Technology Act: Senate concurred in the equipment for use by law enforcement departments, amendment of the House to S. 2432, to support pro- after agreeing to the following amendment proposed grams of grants to States to address the assistive thereto: Pages S12598±S12600 technology needs of individuals with disabilities, Jeffords (for Torricelli/Leahy) Amendment No. clearing the measure for the President. 3825, to establish a matching grant program to help Pages S12502±11 State and local jurisdictions purchase video cameras for use in law enforcement vehicles. Pages S12598±99 Health Professions Education Partnerships Act: Senate concurred in the amendment of the House to Senate Legal Counsel: Senate agreed to S. Res. S. 1754, to amend the Public Health Service Act to 299, to authorize testimony and representation in consolidate and reauthorize health professions and BCCI Holdings (Luxembourg), S.A., et al. v. Abdul minority and disadvantaged health professions and Raouf Hasan Khalil, et al. Pages S12600±01 disadvantaged health education programs, clearing U.S. Patent and Trademark Office Authoriza- the measure for the President. Pages S12511±29 tion: Committee on the Judiciary was discharged Weir Farm National Historic Site: Senate con- from further consideration of H.R. 3723, to author- curred in the amendments of the House to S. 1718, ize funds for the payment of salaries and expenses of to amend the Weir Farm National Historic Site Es- the Patent and Trademark Office, and the bill was tablishment Act of 1990 to authorize the acquisition then passed, clearing the measure for the President. of additional acreage for the historic site to permit Page S12601 the development of visitor and administrative facili- Federal Rewards Leading to Arrest: Senate ties and to authorize the appropriation of additional passed H.R. 4660, to amend the State Department amounts for the acquisition of real and personal Basic Authorities Act of 1956 to provide rewards for property, clearing the measure for the President. information leading to the arrest or conviction of any Pages S12531±32 individual for the commission of an act, or conspir- Lower East Side Tenement National Historic acy to act, of international terrorism, narcotics relat- Site: Senate concurred in the amendment of the ed offenses, or for serious violations of international House to S. 1408, to establish the Lower East Side humanitarian law relating to the Former Yugoslavia, Tenement National Historic Site, clearing the meas- after agreeing to the following amendment proposed ure for the President. Pages S12532±33 thereto: Page S12604 Jeffords (for Helms/Biden) Amendment No. 3827, International Anti-Bribery Act: Senate concurred in the amendments of the House to S. 2375, to in the nature of a substitute. Page S12604 amend the Securities Exchange Act of 1934 and the Identity Theft and Assumption Deterrence Act: Foreign Corrupt Practices Act of 1977, to strengthen Senate passed H.R. 4151, to amend chapter 47 of prohibitions on international bribery and other cor- title 18, United States Code, relating to identity rupt practices, with the following amendment pro- fraud, clearing the measure for the President. posed thereto: Pages S12601±04 Pages S12604±05 Jeffords (for D’Amato/Sarbanes) Amendment No. Native American Programs Act Amendments: 3826, to strike certain provisions relating to treat- Senate concurred in the amendments of the House to ment of international organizations providing com- S. 459, to amend the Native American Programs mercial communication services. Page S12604 October 14, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1167 Executive Reports of Committees: Senate received on Commerce, Science, and Transportation, and to the following executive reports of a committee: the Committee on Foreign Relations. (PM–162). Report to accompany Treaty Docs. 105–6, Page S12546 105–11, 105–12, 105–22, 105–23, 105–24, Transmitting the report of an agreement with the 105–27, 105–34, 105–37, 105–38, 105–40, Republic of Estonia concerning fisheries off the 105–41, 105–42, 105–44, 105–47, and 105–52: coasts of the United States; which was referred joint- Mutual Legal Assistance Treaties with Australia, ly, pursuant to 16 U.S.C. 1823, to the Committee Barbados, Brazil, Czech Republic, Estonia, Hong on Commerce, Science, and Transportation, and to Kong, Israel, Latvia, Lithuania, Luxembourg, Poland, the Committee on Foreign Relations. (PM–163). Trinidad & Tobago, Venezuela, Antigua & Barbuda, Page S12547 Dominica, Grenada, St. Kitts & Nevis, St. Lucia, and St. Vincent & Grenadines. (Exec. Rept. No. Nominations Received: Senate received the follow- 105–22) Pages S12548±53 ing nominations: John C. Truesdale, of Maryland, to Report to accompany Treaty Docs. 105–10, be a Member of the National Labor Relations Board 105–13, 105–14, 105–15, 105–16, 105–18, for the term of five years expiring August 27, 2003. 105–19, 105–20, 105–21, 105–30, 105–33, Page S12605 105–46, and 105–50: Extradition Treaties with Ar- Messages From the President: Pages S12546±47 gentina, Austria, Barbados, Cyprus, France, India, Messages From the House: Page S12547 Luxembourg, Mexico, Poland, Spain, Trinidad & To- bago, Zimbabwe, Antigua & Barbuda, Dominica, Communications: Pages S12547±48 Grenada, St. Kitts & Nevis, St. Lucia, and St. Vin- Petitions: Page S12548 cent & the Grenadines. (Exec. Rept. No. 105–23) Executive Reports of Committees: Pages S12548±58 Pages S12553±57 Report to accompany Treaty Doc. 105–7: Agree- Statements on Introduced Bills: Pages S12558±64 ment with Hong Kong on the Transfer of Sentenced Additional Cosponsors: Page S12564 Persons. (Exec. Rept. No. 105–24) Page S12557 Report to accompany Treaty Doc. 105–17: WIPO Amendments Submitted: Pages S12565±68 Copyright Treaty (WCT) (1996) and WIPO Per- Additional Statements: Pages S12568±98 formances and Phonograms Treaty (WPPT) (1996). Recess: Senate convened at 12 noon, and recessed at (Exec. Rept. No. 105–25) Pages S12557±58 4:43 p.m., until 12 noon, on Thursday, October 15, Messages From the President: Senate received the 1998. (For Senate’s program, see the remarks of the following messages from the President of the United Acting Majority Leader in today’s Record on page States: S12605.) Transmitting the report of an agreement with the Republic of Lithuania concerning fisheries off the coasts of the United States; which was referred joint- Committee Meetings ly, pursuant to 16 U.S.C. 1823, to the Committee No committee meetings were held. h House of Representatives Speaker Pro Tempore: Read a letter from the Chamber Action Speaker wherein he designated Representative Blunt Bills Introduced: 13 public bills, H.R. 4829–4841; to act as Speaker pro tempore for today. Page H10835 and 5 resolutions, H.J. Res. 135 and H. Res. Suspensions: The House agreed to suspend the rules 597–600, were introduced. Pages H10916±17 and pass the following measures: Reports Filed: Reports were filed today as follows: Regarding Reserved Mineral Interests: H.R. H.R. 218, to amend title 18, United States Code, 3878, to subject certain reserved mineral interests of to exempt qualified current and former law enforce- the operation of the Mineral Leasing Act. Agreed to ment officers from State laws prohibiting the carry- amend the title; Pages H10844±45 ing of concealed handguns, amended (H. Rept. 105–819). Page H10916 Regarding Access for Disabled Persons: H.R. 4501, to require the Secretary of Agriculture and the D1168 CONGRESSIONAL RECORD — DAILY DIGEST October 14, 1998 Secretary of the Interior to conduct a study to im- of the United States—referred to the Committee on prove the access for persons with disabilities to out- Resources and ordered printed (H. Doc. 105–323); door recreational opportunities made available to the and Page H10870 public; Pages H10845±47, H10869 Fishery Agreement with Lithuania: Message Regarding Ex-USS Bowman County: H.R. wherein he transmitted his agreement between the 4519, to authorize the President to consent to third United States and Lithuania concerning fisheries off party transfer of the ex-USS Bowman County to the the coast of the United States—referred to the Com- USS LST Ship Memorial, Inc.; Pages H10848±49 mittee on Resources and ordered printed (H. Doc. Regarding Radiation Exposure: H.R. 559, to 105–324). Pages H10870±71 amend title 38, United States Code, to add Rhino and Tiger Product Labeling: The House bronchiolo-alveolar carcinoma to the list of diseases agreed to the Senate amendment to H.R. 2807, to presumed to be service-connected for certain radi- amend the Rhinoceros and Tiger Conservation Act of ation-exposed veterans (agreed to by a yea and nay 1994 to prohibit the sale, importation, and expor- vote of 400 yeas with none voting ‘‘nay’’, Roll No. tation of products labeled as containing substances 531); Pages H10849±50, H10869±70 derived from rhinoceros or tiger with amendments. Government Waste, Fraud and Error Reduction: Pages H10871±75 H.R. 4243, amended, to reduce waste, fraud, and Hawaii Volcanoes National Park Adjustment: error in Government programs by making improve- The House passed S. 2129, to eliminate restrictions ments with respect to Federal management and debt on the acquisition of certain land contiguous to Ha- collection practices, Federal payment systems, and waii Volcanoes National Park—clearing the measure Federal benefit programs; Pages H10850±55 for the President. Page H10875 Concerning Diplomatic Immunity: S. 759, to Presidential Advisory Commission on Holocaust amend the State Department Basic Authorities Act Assets in the United States: The Chair announced of 1956 to require the Secretary of State to submit the Speaker’s appointment of the following members an annual report to Congress concerning diplomatic to the Presidential Advisory Commission on Holo- immunity—clearing the measure for the President; caust Assets in the United States: Representatives Pages H10855±57, H10870 Gilman and Fox of Pennsylvania. Page H10875 Centennial of Flight Commemoration: S. 1397, Senate Messages: Message received from the Senate to establish a commission to assist in commemora- today appears on page H10868. tion of the centennial of powered flight and the Referrals: Senate bills referred to House committees achievements of the Wright brothers—clearing the appears on page H10916. measure for the President. Pages H10857±61 Quorum Calls—Votes: Two yea and nay votes de- Suspensions—Failed: The House failed to suspend veloped during the proceedings of the House today the rules and pass the following bill: and appear on pages H10869 and H10869–70. Regarding Certain Properties Around Canyon There were no quorum calls. Ferry Reservoir, Montana: H.R. 3963, amended, to Adjournment: The House met at 10 a.m. and ad- establish terms and conditions under which the Sec- journed at 8:50 p.m. retary of the Interior shall convey leaseholds in cer- tain properties around Canyon Ferry Reservoir, Mon- tana (failed by a yea and nay vote of 217 yeas to 181 Committee Meetings nays, with two-thirds required for passage, Roll No. COMMITTEE BUSINESS 530). Pages H10841±44, H10868±69 Committee on House Oversight: Approved the Commit- Making Continuing Appropriations: The House tee on the Judiciary request for an allocation from passed H.J. Res. 135, making further continuing ap- the Reserve Fund. propriations for the fiscal year 1999. Pages H10861±68 The Committee also approved other pending busi- Recess: The House recessed at 1:39 p.m. and recon- ness. vened at 2:14 p.m. Page H10868 TECHNOLOGY TRANSFERS TO CHINA Presidential Messages: Read the following mes- Select Committee on U.S. National Security and Military/ sages from the President: Commerical Concerns with the People’s Republic of China: Fishery Agreement with Estonia: Message where- Met in executive session to continue to receive brief- in he transmitted his agreement between the United ings. States and Estonia concerning fisheries off the coast Will continue tomorrow. October 14, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1169 NEW PUBLIC LAWS S. 2071, to extend a quarterly financial report

(For last listing of Public Laws, see DAILY DIGEST, p. D1144) program administered by the Secretary of Commerce. Signed October 9, 1998. (P.L. 105–252) H.R. 3096, to correct a provision relating to ter- H.J. Res. 131, waiving certain enrollment require- mination of benefits for convicted persons. Signed ments for the remainder of the One Hundred Fifth October 9, 1998. (P.L. 105–247) Congress with respect to any bill or joint resolution H.R. 4382, to amend the Public Health Service making general or continuing appropriations for fis- Act to revise and extend the program for mammog- cal year 1999. Signed October 12, 1998. (P.L. raphy quality standards. Signed October 9, 1998. 105–253) (P.L. 105–248) H.J. Res. 134, making further continuing appro- H.J. Res. 133, making further continuing appro- priations for the fiscal year 1999. Signed October priations for the fiscal year 1999. Signed October 9, 12, 1998. (P.L. 105–254) 1998. (P.L. 105–249) f S. 1355, to designate the United States courthouse located at 141 Church Street in New Haven, Con- COMMITTEE MEETINGS FOR THURSDAY, necticut, as the ‘‘Richard C. Lee United States OCTOBER 15, 1998 Courthouse’’. Signed October 9, 1998. (P.L. Senate 105–250) No meetings are scheduled. S. 2022, to provide for the improvement of inter- House state criminal justice identification, information, communications, and forensics. Signed October 9, Select Committee on U.S. National Security and Military/ 1998. (P.L. 105–251) Commercial Concerns with the People’s Republic of China, exec- utive, to continue to receive briefings, 9 a.m., H–405 Capitol. D1170 CONGRESSIONAL RECORD — DAILY DIGEST October 14, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Thursday, October 15 10 a.m., Thursday, October 15

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of Suspensions. morning business (not to extend beyond 1 p.m.), Senate may consider any conference reports or legislative or exec- utive items cleared for action.

Extensions of Remarks, as inserted in this issue

HOUSE Furse, Elizabeth, Ore., E2163 Reyes, Silvestre, Tex., E2160, E2165 Gilman, Benjamin A., N.Y., E2156, E2161, E2169 Roukema, Marge, N.J., E2156 Bentsen, Ken, Tex., E2157 Hall, Ralph M., Tex., E2155 Sanford, Marshall ‘‘Mark’’, S.C., E2155 Berman, Howard L., Calif., E2167, E2174 Hall, Tony P., Ohio, E2157 Saxton, Jim, N.J., E2159 Boucher, Rick, Va., E2166 Houghton, Amo, N.Y., E2164 Shaw, E. Clay, Jr., Fla., E2164 Carson, Julia, Ind., E2159 Kasich, John R., Ohio, E2171 Smith, Nick, Mich., E2170 Clay, William (Bill), Mo., E2158 Kucinich, Dennis J., Ohio, E2156 Stark, Fortney Pete, Calif., E2171 Coble, Howard, N.C., E2162 Lazio, Rick, N.Y., E2168 Stokes, Louis, Ohio, E2163 Conyers, John, Jr., Mich., E2172 McDermott, Jim, Wash., E2161 Stump, Bob, Ariz., E2166 Cummings, Elijah E., Md., E2164, E2170 Meek, Carrie P., Fla., E2155 Thompson, Bennie G., Miss., E2160 Davis, Thomas M., Va., E2157, E2159 Moran, Jerry, Kans., E2163 Towns, Edolphus, N.Y., E2161 Deutsch, Peter, Fla., E2169 Morella, Constance A., Md., E2172 Underwood, Robert A., Guam, E2167, E2169 Emerson, Jo Ann, Mo., E2169 Ortiz, Solomon P., Tex., E2165 Woolsey, Lynn C., Calif., D2160 Ensign, John E., Nev., E2167 Paul, Ron, Tex., E2168 Fossella, Vito, N.Y., E2165 Ramstad, Jim, Minn., E2161

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